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HomeMy WebLinkAboutResolution 2019-010RESOLUTION NO. 2019-010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING AMENDED FEES TO OFFSET COSTS INCURRED FOR WEED ABATEMENT AND A SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES WHEREAS, Atascadero lies in a fire susceptible area of San Luis Obispo County and the combination of climate, fuels and topography allow for a potentially large destructive wildland fire within the city; and WHEREAS, the Atascadero Fire and Emergency Services prepares itself and the community to the best of its ability through multiple fire prevention programs; and WHEREAS, Weed abatement is the first line of defense in wildland fire protection and the most important component of the City's fire prevention efforts by providing defensible space for every home in Atascadero; and WHEREAS, each parcel owner must remove existing, future or potential hazardous weeds from their property by June 1" of each year; and WHEREAS, the Atascadero Fire and Emergency Services hires a weed abatement contractor to abate any hazardous weeds not cut by the parcel owner and charges each parcel owner the direct costs of the contractor plus an additional fee; and WHEREAS, the City of Atascadero has adopted a policy of recovering some portion of the costs reasonably borne of providing special services, including but not limited to park and recreation services, rental of City property, police and fire services, and other miscellaneous City services, of a voluntary or limited nature, such that general taxes are not diverted from general services of a broad nature and thereby utilized unfairly and inequitably such special services; and WHEREAS, City Council intends to offset the costs associated with weed abatement; and WHEREAS, at the October 9, 2018 City Council meeting, Council directed staff to amend the weed abatement fee structure to more closely match costs to administer the Weed Abatement Program; and WHEREAS, the City Council has previously adopted Resolution No. 2018-032 in combination with Resolution No. 2018-33, setting forth a Schedule of Fees and Charges for City Services, and desires to amend Resolution No. 2018-032 to include the proposed weed abatement fees, without rescinding said adoption; and WHEREAS, the amount of the fees proposed do not exceed the true cost of the Weed Abatement Program; and WHEREAS, the increase to the amount of the weed abatement fees is not a "project" subject to the California Environmental Quality Act because it is a funding mechanism having no physical effect on the environment. City of Atascadero Resolution No. 2019-010 Page 2 of 2 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines. SECTION 2. Establishment of the Fees. The Fees are hereby established in the amounts detailed in Exhibit A for the purpose of funding the cost of providing the Weed Abatement Program. SECTION 3. Collection of the Fees. Pursuant to Section 6-13.17 of the Atascadero Municipal Code, if the owner does not abate the hazard, it will be abated by the City contractor. The cost of the abatement plus a flat fee of $260 plus a percentage charge of 166% administrative fee and County fee will be assessed upon the County property tax bill, and constitute a lien upon such land until paid. SECTION 4. Constitutionality. If any portion of this Resolution is declared invalid or unconstitutional then it is the intention of the City Council to have passed the entire Resolution and all its component parts, and all other sections of this Resolution shall remain in full force and effect. SECTION 5. Repealer. All resolutions and other actions of the City Council in conflict with the contents of this Resolution are hereby repealed. SECTION 6. Effective Date. This resolution shall take effect 30 days after the effective date of this Resolution, and shall remain in effect, until revised by the City Council. PASSED AND ADOPTED at a regular meeting of the City Council held on the 9th day of April, 2019. On motion by Mayor Pro Tem Bourbeau and seconded by Council Member Funk, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno NOES: None ABSENT: None ABSTAIN: None CITY OF ATASCADERO Heather Moreno, Mayor APPROV )AS TO FORM: 9 Brian Pierik, City Attorney Exhibit A FEE SCHEDULE Fees Effective May 9, 2019 Ref # I Fee Name Adopted Fee :1 FIRE Actual costs + 166% + $260.00 if lot must be cleared by the City 17-093 WEED ABATEMENT PROGRAM This program is designed to only recover the cost of the properties that do not comply.