Score: +2 (3/5/1)

Nevada County Grand Jury • 2022-2023

Donner Lake: a Pearl in Peril

Published: June 21, 2023 33 pages

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⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings and Recommendations 7 findings

A largely barren hillside of highly erosive rock

Related Recommendations (1)

Critical utilities embedded in Reed Avenue West Find 11

I-80 outdated drainage design negatively impacting the highly degraded hillside

Related Recommendations (1)

Long-recognized pollution to Donner Lake

Polluted stormwater runoff harming the water quality of Donner Lake

Related Recommendations (1)

Ongoing maintenance and repair are critical to preserving the effectiveness of upgraded infrastructure

High risk of landslides, including those caused by earthquakes

Related Recommendations (1)

Responses due All responses are to be addressed and sent directly to the Supervising Judge of the Grand Jury: Scott Thomsen Supervising Judge of the Grand Jury 201 Church Street Nevada City, California 95959

High volume and velocity of runoff damaging integrity of hillside roadways

No recommendations for this finding

The non-functioning state of lateral drainage on Reed Avenue West

No recommendations for this finding

Runoff threatening utility infrastructure relied on by thousands of residents An effective and lasting solution will address all these factors. Identifying and implementing so- lutions will take a consortium of local and state governments, private sector agencies and organi- zations working together. [Finding] Findings The Findings represent the Grand Jury’s conclusions based on the facts in the Discussion Section. The Findings provide the basis for the Grand Jury’s Recommendations. Links to corresponding Facts and Recommendations are provided below. The Grand Jury finds and concludes that: Find 1 While there are several sources of significant stormwater runoff into Fact 9 Donner Lake, there is no evidence of a concerted effort by Fact 16 stakeholders to address stormwater runoff in the area of this report’s focus. Rec 1 Rec 2 Find 2 Agencies, local governments, and organizations interviewed were all Fact 26 willing to contribute to a consortium convened to address the issues Fact 27 on the hillside affecting Donner Lake, area residents and visitors. Rec 1 Rec 2 Find 3 For successful strategies to be implemented, Caltrans and Lahontan Fact 5 must be part of the consortium and solution. Fact 15 Rec 1 Rec 2 Find 4 There are no entities that regularly test and report on the water Rec 4 quality of Donner Lake. Find 5 The Town of Truckee is taking a leadership role in shepherding Fact 13 town projects with an eye towards sustainability and minimizing Fact 14 negative effects on the environment. Rec 3 Find 6 Town of Truckee’s strategic interest in water quality, stormwater Fact 12 management and environmental sustainability is key to long term Fact 17 planning. Rec 3 Find 7 The pollution of this ecosystem and the health and safety risks for Fact 1 the residents of Truckee and its visitors will continue, if not Fact 2 increase, unless remediate action is taken. Atmospheric rivers that Fact 10 plagued northern California in 2022/23 will result in significant Fact 11 stormwater runoff, further damaging the hillside. Fact 12 Rec 2 Rec 3 Rec 4 Find 8 Fixing the hillside will improve the water quality of Donner Lake. Fact 4 Fact 18 Rec 3 Find 9 Inadequate infrastructure, insufficient maintenance, and neglected Fact 6 repairs could lead to disruption to utilities installed in Reed Avenue Fact 19 West and the hillside. This could result in significant health and Fact 25 safety issues to thousands of Truckee residents and visitors. Rec 3 Find 10 A new rationale exists for the Town to reevaluate its long-term Fact 24 position on Reed Avenue West maintenance and repair. Rec 3 Find 11 Issues related to the proper designation, repair and ongoing Fact 7 maintenance of Reed Avenue West are part of a larger concern. Fact 8 Rec 3

No recommendations for this finding

Additional Recommendations 1

These recommendations are not explicitly linked to specific findings.

R14

17 1973 Assessor Map. 10 9 10 117 119 116 10 115 182 52.52 8 50.5) LINCOLN HIGHWAY 1973 Assessor Map with handwritten corrections striking the parcel number and private road designation. Truckee's 1993 Incorporation and a Focus on Roads In large part, Truckee was successful in receiving voter approval to incorporate on the campaign promise that if tax dollars were kept locally, snow removal, road maintenance, and land use plan- ning would be improved. Kathleen Eagan, Truckee's first mayor, stated: The fundamental issues underpinning the people's desire to incorporate centered on two things: the belief that Nevada County was out of touch with interests of the Truckee community and that the county was receiving more locally generated revenue than it was delivering back in the form of services. Particular areas of dis- satisfaction were the level of service from Nevada County in snow removal, road Donner Lake - A Pearl in Peril maintenance, and land use planning. (Peacock 2021) Nevada County's Local Agency Formation Commission (LAFCo) oversaw the Town of Truckee's incorporation in 1993. The County Board of Supervisors formalized the incorporation of Truckee by approving LAFCo resolution 92-06. That resolution specifically addressed roads: All County roads, storm drain facilities, easements, and rights-of-way within the boundaries of the new town shall be transferred to the Town and become the responsibility of the Town. That is consistent with California Street and Highway Code section 989 (amended 1991): 989.(a)(1). Upon the incorporation of a city or upon the annexation of territory to a city, all right, title and interest of the county, including the underlying fee were owned by the county, in and to any county highway within the territory involved, which had been accepted into the county road system pursuant to Section 941 shall vest in the city and shall thereupon constitute a city street. (2) All right, title, and interest of a county in and to any county highway included within territory heretofore incorporated as a city or annexed to a city is hereby determined to have vested in the city as a city street. (Information, Street and Highway Codes 941 a-d

Conclusions 6

CL1

A largely barren hillside of highly erosive rock
CL2

I-80 outdated drainage design negatively impacting the highly degraded hillside
CL3

High risk of landslides, including those caused by earthquakes
CL4

High volume and velocity of runoff damaging integrity of hillside roadways
CL5

The non-functioning state of lateral drainage on Reed Avenue West
CL6

Runoff threatening utility infrastructure relied on by thousands of residents An effective and lasting solution will address all these factors. Identifying and implementing so- lutions will take a consortium of local and state governments, private sector agencies and organi- zations working together. [Finding] Donner Lake - A Pearl in Peril Findings The Findings represent the Grand Jury's conclusions based on the facts in the Discussion Section. The Findings provide the basis for the Grand Jury's Recommendations. Links to corresponding Facts and Recommendations are provided below. The Grand Jury finds and concludes that: Find 1 While there are several sources of significant stormwater runoff into Fact 9 Fact 16 Donner Lake, there is no evidence of a concerted effort by stakeholders to address stormwater runoff in the area of this report's focus. Rec 1 Rec 2 Find 2 Agencies, local governments, and organizations interviewed were all Fact 26 Fact 27 willing to contribute to a consortium convened to address the issues on the hillside affecting Donner Lake, area residents and visitors. Rec 1 Rec 2 Find 3 For successful strategies to be implemented, Caltrans and Lahontan Fact 5 must be part of the consortium and solution. Fact 15 Rec 1 Rec 2 Find 4 There are no entities that regularly test and report on the water Rec 4 quality of Donner Lake. Find 5 The Town of Truckee is taking a leadership role in shepherding Fact 13 Fact 14 town projects with an eye towards sustainability and minimizing negative effects on the environment. Rec 3 Find 6 Town of Truckee's strategic interest in water quality, stormwater Fact 12 Fact 17 management and environmental sustainability is key to long term planning. Rec 3 Find 7 The pollution of this ecosystem and the health and safety risks for Fact 1 the residents of Truckee and its visitors will continue, if not Fact 2 Fact 10 increase, unless remediate action is taken. Atmospheric rivers that plagued northern California in 2022/23 will result in significant Fact 11 stormwater runoff, further damaging the hillside. Fact 12 Rec 2 Rec 3 Rec 4 Donner Lake - A Pearl in Peril Find 8 Fixing the hillside will improve the water quality of Donner Lake. Fact 4 Fact 18 Rec 3 Find 9 Inadequate infrastructure, insufficient maintenance, and neglected Fact 6 repairs could lead to disruption to utilities installed in Reed Avenue Fact 19 West and the hillside. This could result in significant health and Fact 25 safety issues to thousands of Truckee residents and visitors. Rec 3 Find 10 A new rationale exists for the Town to reevaluate its long-term Fact 24 position on Reed Avenue West maintenance and repair. Rec 3 Find 11 Issues related to the proper designation, repair and ongoing Fact 7 maintenance of Reed Avenue West are part of a larger concern. Fact 8 Rec 3 Donner Lake - A Pearl in Peril

Agency Responses 3

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

Board of Supervisors

September 12, 2023 • 3 pages • 1 response • Score: -1 (+0, 0, -1) View Details ▾

PDF

1 response to findings and recommendations

Critical utilities embedded in Reed Avenue West Find 11

Response: Will Not Implement

Score: -1

: The Town of Truckee initiate a partnership with the County of Nevada and DIPS, for the purpose of conveying a consortium including but not limited to: California State Parks • Tahoe Donner Association Truckee Donner Land Trust Truckee Donner Public Utility District ' . Truckee Donner Recreation and Parks District . Truckee Meadows Water Authority Truckee Sanitary District Truckee River Watershed Council, convener/facilitator Nevada County Transportation Commission Caltrans Lahontan Regional Water Quality Control Board This recommendation will not be implemented because it is not wa...

Board of Supervisors

September 12, 2023 • 5 pages • 1 response • Score: +1 (+1, 0, 0) View Details ▾

PDF

Town of Truckee

September 12, 2023 • 6 pages • 7 responses • Score: +2 (+2, 5, 0) View Details ▾

PDF

7 responses to findings and recommendations

A largely barren hillside of highly erosive rock

Response: Disagree Partially Score: 0

Disagree Partially with this finding. The area of the report's focus is an approximate 1,500-foot-wide section of hillside that extends from Donner Lake to Donner Ridge on the north side of Donner Lake. Within this focus area, the Town performed a roadway and drainage improvement project in 2009 on Donner Pass Road where gravel shoulder areas that were being used for parking were paved and converted to bike lanes; drainage inlets were replaced with new inlets that are able to trap stormwater sediment; culvert pipes that had become degraded were replaced; and overall drainage patterns were impr...

I-80 outdated drainage design negatively impacting the highly degraded hillside

Response: Disagree Partially Score: 0

Disagree partially with this finding. The Town does not have knowledge of willingness, or lack thereof, of other agencies, organizations, or local governments desire to contribute to a consortium focused on this section of hillside. The Donner Lake Interagency Partnership for Stewardship (DIPS) is a previously formed consortium that seeks to protect and enhance the Donner Lake drainage basin as a whole. There are other agencies that were referenced in the grand jury report who were invited to join the DIPS consortium who elected not to join, so it is not clear to the Town that those agencies w...

Polluted stormwater runoff harming the water quality of Donner Lake

Response: Disagree Partially Score: 0

Disagree partially with this finding. As mentioned, the Donner Lake area is comprised of multiple different land owners and various regulatory authorities. Caltrans responsibility is limited to the I-80 corridor, and Lahontan's responsibility is for enforcement of water quality regulations and permitting of proposed modifications to jurisdictional waters. There are no known violations of water quality regulations occurring within the focus area of this report. Should there be future project activity that requires permitting from Lahontan, that would occur through Lahontan's standard permitting...

High risk of landslides, including those caused by earthquakes

Response: Disagree Partially Score: 0

Disagree partially with finding. The Donner Lake Interagency Partnership for Stewardship has been regularly testing water quality of Donner Lake since 2021 and reporting findings since 2022. Previously, there was testing by various entities for varying purposes.

High volume and velocity of runoff damaging integrity of hillside roadways

Response: Agree Score: +1

Agree with this finding. Page 3

The non-functioning state of lateral drainage on Reed Avenue West

Response: Agree Score: +1

Agree with this finding but will note that there are other strategic interests of the Town that are also equally important to long term planning.

Response: Disagree Partially Score: 0

Disagree partially with finding. It is not entirely clear that the focus area of this report would be considered an ecosystem as that term would typically include a more comprehensive geographic area such as the entirety of the Donner Lake Drainage basin. Setting that issue aside, some of the health and safety risks identified in the Grand Jury report related to the focus area of this report (ie. topography, soil type, hydraulics) are not feasible to remediate. The report also does not factually substantiate that there are undue ongoing health and safety risks nor undue ongoing pollution level...