Res 11-050RESOLUTION NO. 11 -050
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE MASTER
FEE SCHEDULE TO WAIVE THE NON - RESIDENT
PARKING FEE AT THE LAKE POWAY RECREATION AREA
FOR MEMBERS OF THE ARMED FORCES
IN POSSESSION OF A VALID ACTIVE DUTY IDENTIFICATION CARD
WHEREAS, on May 4, 2010, the City Council adopted a Master Fee Schedule; and
WHEREAS, California Government Code Section 66016 et Seq establishes
procedures for the adoption of fees for services provided by local government; and
WHEREAS, the established fee for parking at the Lake Poway Recreation Area for
all vehicles not registered to a Poway resident holding occupants, who will not be
purchasing a Lake Poway fishing permit during their visit, is $5 for autos and recreational
vehicles, and $2 for motorcycles; and
WHEREAS, the City Council of the City of Poway wishes to pay honor to those
currently serving in the Armed Forces by waiving the non - resident parking fee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The City Council finds that this amendment to the Master Fee Schedule is
exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15273 (a)
(1) because it amends a fee necessary to meet the City operating expenses to operate the
Lake Poway Recreation Area.
Section 2: The City Council hereby modifies the fee in the Master Fee Schedule for non-
resident parking at the Lake Poway Recreation Area to waive the parking fee for all those
in possession of a current active duty Armed Forces identification card.
Section 3: Concern that such waivers constitute gifts of public funds, in violation of the
California Constitution, can be set aside with a finding that there is a valid public interest in
providing access to recreational activities to relieve stress on active duty military where
such personnel are subject to immediate deployment to project and secure our properties
and liberties in this community.
Resolution No. 11 -050
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 2nd day of August, 2011.
0
Troyan, MMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 11 -050 was duly adopted by the City
Council at a meeting of said City Council held on the 2nd day of August, 2011, and that it
was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Wa)A. Troyan, MMC, C*fty Clerk
Ci of Poway