Res 168RESOLUTION NO. 168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA DECLARING THE POWAY CREEK FLOODWAY A PUBLIC
NUISANCE AND FURTHER DECLARING ITS INTENT TO ABATE SAID
NUISANCE.
WHEREAS, the Director of Sanitation and Flood Control has reported that the
Poway Creek Floodway is overgrown and obstructed with brush, trees, poison oak,
poison ivy, and in addition, cluttered with trash and debris; and
WHEREAS, the brush, trees, plants and debris impede and/or obstruct the free
flow of water through the Poway Creek Floodway and threaten to cause flooding
of a serious nature; and
WHEREAS, the accumulation of brush, trees, plants and debris has so impeded
the free flow of water through the Poway Creek Floodway that in recent years,
flooding has ensued, resulting in extensive property damage and the tragic loss
of life; and
WHEREAS, the City finds that the flood threatened by the accumulation of brush,
trees, plants and debris represents a serious and dangerous hazard to its residents;
a hazard serious enough to constitute an emergency situation in view of the im-
pending arrival of the annual San Diego rainy season; and
WHEREAS, Section 88.102 (a) thru (c) of the Regulatory Ordinances for the City
of Poway prohibits any person from causing the deposit of debris, plant and other
vegitation in a watercourse which may impair, impede or divert the flow of water in
such a watercourse; and
WHEREAS, Section 88.113 of said Ordinance establishes the property owner as
the responsible party for timely maintenance of any watercourse on the owner's
property; and
WHEREAS, Section 88.113 of said Ordinance also provides that failure to maintain
a watercourse in a safe and unobstructed condition is a violation of this section and
a public nuisance; and
WHEREAS, Section 88.500 of said Ordinance provides that any violation of Section
88.102 constitutes a public nuisance; and
WHEREAS, Section 88.502 of said Ordinance provides for the abatement, removal
or mitigation of any condition causing an emergency under provisions of Section 88.102
and for reimbursement to the City of Poway;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway that it
is the intention of this Council to abate and remove the public nuisance consisting
of brush, trees, plants and debris in that portion of the Poway Creek Floodway which
lies within the City of Poway by clearing a channel approximately 30 to 50 feet wide
to create a more free-flowing channel, and thereby decrease the likelihood of serious
flooding, Said actions are being taken pursuant to Section 88.502 of the CITY OF
POWAY Regulatory Ordinances and the general powers of the City to carry out
acts for the protection of public safety and health.
Be it further resolved that this project is found to be categorically
exempt from the provisions of the California Environmental Quality Act under
Section 21080 (4) of Public Resources Code.
PASSED, ADOPTED AND APPROVED by the City Council of the City of
Poway, California, at a regular meeting thereof this 6th day
of October 1981.
ATTE ST:
Cit~ Clerk