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HomeMy WebLinkAbout1999-07-06 - AGENDA REPORTS - PRIVATE PROPERTY CREEK MGMT (2)CITY OF SANTA CLARITA INTEROFFICE MEMORANDUM TO: Mayor Darcy and Members of the City ouncil FROM: George Caravalho, City Manager DATE: July 6, 1999 SUBJECT: MANAGEMENT OF CREEKS ON PRIVATE PROPERTY RECOMMENDED ACTION City Council receive report regarding creek management on private property and provide staff with direction as to which option to further investigate. BACKGROUND Last year, the City Council requested that staff be more proactive in inspecting and addressing maintenance and pollution on private property drainage areas. In researching this issue, staff has held several meetings with agency personnel responsible for the various aspects of maintenance and enforcement in creeks on private property, and Sand Canyon residents in February 1998. Sand Canyon has a recurring problem with property owners altering waterways, back filling after storms have caused erosion and expanding their properties within the natural drainage areas. This leads to two impacts to the community: flooding and water quality degradation. No one agency has the overarching authority to deal with all of the issues. Each agency has a specific role in the management of rural creeks on private property. The City's primary role currently is to receive and investigate complaints related to illegal dumping in the creeks. The Stormwater Runoff Ordinance provides the legal authority to prohibit, investigate and remediate illegal dumping complaints. The City also handles the issuance of permits and floodplain management concerns. Currently there is nothing the City can do to stop the gradual encroachment into the channels. The only regulatory ability the City has is to remove nuisances and enforce the building setback requirements to protect natural drainage areas. Additionally, two issues arose through the research that are direct results of the encroachment issue: water quality related to the use of manure for bank stabilization and illegal dumping, and flooding as a result of altered waterways. During the 1998 El Nino Storm Season, the City spent approximately $58,000 dealing with flooding in the Sand Canyon area alone. The use of manure as bank stabilization is causing water quality concerns. Agenda Item: ,,, -,a.,, The City also handles the public education component related to these issues, along with several other public agencies such as Fish & Game, and the Army Corp of Engineers. In response to the water quality issue, Environmental Services has developed a brochure on Proper Equestrian Ranch Management. The brochure is currently being printed. A range of options for a long-term solution have been identified by the Engineering Services staff for your consideration and direction. Options range from "Doing Nothing" to "Channelizing the Creek". ALTERNATIVE ACTIONS 1. This is a report requesting direction from Council. No other alternative actions have been identified by staff. 2. Other action as determined by Council. FISCAL IMPACT There is no fiscal impact at this time. However, fiscal impacts will be provided based on Council's direction to staff to pursue options as indicated by Council. JCG:ch S:\PBS\ENVSRVCS\COUNCIL\ NPOES\ Crkmghq.dm Creek Management Responsible Agencies City of Santa Clarita Environmental Services • Receives calls and responds to illegal dumping/illicit discharge/illicit connection complaints • Utilizes Stormwater Runoff Ordinance as legal authority to prohibit illegal dumping, illicit discharge/connections, etc. • Refers cases to Code Enforcement when compliance is not achieved • Cannot enter private property without owner consent Code Enforcement • Receives calls and responds to illegal dumping/illicit discharge/illicit connection complaints • Handles cases requiring District Attorney referral • Can apply liens to property to achieve compliance • Cannot enter private property without property owner consent Subdivision Engineering • Issues grading permits • Conducts grading inspections and provides technical support • Can remove nuisances in floodway and enforce building setback requirements • Cannot enter private property without property owner consent Field Services Assists Environmental Services staff in responding to and cleaning up spills and discharges • Maintains public right of way • Cannot enter private property without property owner consent Los Angeles County Department of Public Works Environmental Programs Division • Manages County -wide Illegal Dumping Hotline • Field staff actively look for illegal dumping/illicit discharges,etc. • Provides a County -wide public education campaign Industrial Waste Division • Dispatch staff receive complaints. Complaints are referred to closest Flood Maintenance Yard for investigation. • Field staff must obtain property owner consent to enter private property Flood Maintenance Division • Responds to illegal dumping calls Maintain channelized areas throughout City. Work closely with City staff when responding to complaints Regional Water Quality Control Board Investigates illegal dumping, illicit discharge complaints Staff can address animal waste issues within drainage courses • Administers clean-up abatement orders, violation notices and cease & desist orders • RWQCB called when other agencies do not have the authority to enforce or prosecute • Staffing is not adequate to respond to all complaints Army Corps of Engineers • Regulates waterways from desert washes to the ocean Regulates within the areas of natural flow • Issues permits for mechanized cleaning or flow, bed, bank alterations Can fine violators form $25,000-$50,000 daily and up to 3 years of incarceration for criminal offenses • Refers cases to U.S. EPA and Dept. of Justice • Staffing issues inhibit ability to enforce small scale violations • Army Corps of Engineers typically includes RWQCB in all actions Department of Fish & Game • Regulate waterways from bank to bank, including dry washes • Issues streambed alteration permits • Investigates pollution to state waters • Issues tickets/citations/can make arrests • Refers cases to Environmental Crimes Division of Los Angeles County • Does not address animal waste issues Cannot enter private property without owner's consent or warrant, except when there is imminent threat to state resources 5.\PBS\ENVS RVC5\COUNCIL\NPOE5\AGNCYR5P.000