Agenda packet — Lakeport City Council, May 21, 2024

If you cannot attend in person, and would like to speak on an agenda item, you can access the Zoom meeting remotely:

Join from a PC, Mac, iPad, iPhone or Android device:

Please click this URL to join. https://zoom.us/j/97368201787?pwd=a2NvVnN6MEFjQ2Exc2pTZkpIdU1sQT09 Passcode: 477973
Or join by phone:

Dial (for higher quality, dial a number based on your current location):

US: +1 669 900 9128 or +1 346 248 7799 or +1 253 215 8782 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 973 6820 1787
Passcode: 477973
International numbers available: https://zoom.us/u/abNyiaqY1I The City wants you to know that you can also submit your comments by email to [email protected].

To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written comments prior to 3:30 p.m. on Tuesday, May 21, 2024.

Please indicate in the email Subject Line "FOR PUBLIC COMMENT" and list the item number you wish to comment on.

Comments that you want read to the Council will be subject to the three minute time limitation (approximately 350 words).

Written comments that are only to be provided to Council and not read at the meeting will be distributed to the Council prior to the meeting.

AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESSOR

AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, May 21, 2024 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Agenda of May 21, 2024 Page 2
AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, May 21, 2024, 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 *All references to “City Council” include those other agencies which are listed above The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the agenda items are described. The council may establish and make appointments to a Council committee (made up of two Councilmembers) with respect to any item appearing on this agenda.

I. CALL TO ORDER & ROLL CALL: 6:00 p.m.

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

Move to accept agenda as posted or move to add or delete items.

To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the agenda being posted.

IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve minutes of the City Council regular meeting of May 7, 2024 and the special meeting of May 13, 2024.

C. Emergency Resolution Renewal: Approve the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind.

D. Application 2024-020: Approve application 2024-020, with staff recommendations, for the 2024 Memorial Day Parade.

E. Application 2024-021: Approve application 2024-021, with staff recommendations, for the 2024 Health Expo.

F. Application 2024-023: Approve application 2024-023, with staff recommendations, for the SafeRx Youth Summit
G. Edible Food Recovery Report: Receive and file the 2023 Edible Food Recovery Program (SB 1383) report.

H. Notice and Call of Election: Adopt a Resolution calling for the General Municipal Election to be held in the City of Lakeport, County of Lake, State of California, on the 5th Day of November 2024, for the purpose of electing three (3) City Council Members to 4-year terms, one (1) City Council Member to a 2 year term, and requesting consolidation of that election with the State General Election.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the subject is not already on tonight’s agenda. Per Government Code §54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.

B. Proclamation: Present a proclamation designating the week of May 18-24, 2024, as National Safe Boating Week.

City Council Agenda of May 21, 2024 Page 3
C. Presentation: Presentation on the Public, Education, and Government (PEG) Television group.

D. Presentation: Presentation of the Lakeport Main Street Association (LMSA) Annual Report.

VI. PUBLIC HEARINGS:

A. Fire Mitigation Fee: 1. Hold a public hearing and adopt an Ordinance amending Chapter 3.34 of the Lakeport Municipal Code establishing the rate for fire mitigation fees.

2. Adopt a Resolution establishing revised fire mitigation impact fees.

VII. COUNCIL BUSINESS:

A. Police Chief

1. Fourth of July Operational
Plan:

Receive and file the Illegal Fireworks Police Operation Plan.

2. Crime Legislation Update: Receive a briefing and consider support letters on fifteen retail theft bills currently under consideration by state legislators.

B. Public Works Director

1. SB 1 Project Report Adopt the proposed resolution approving the City of Lakeport SB 1 Project List for fiscal year 2023-24 and direct staff to submit to the California Transportation Commission.

C. Community Development Director

1. Parkside CPLHA: Adopt the resolution authorizing the City of Lakeport to submit an application to the California State Department of Housing and Community Development for funding under the CPLHA Program, and if awarded, authorize the City Manager to execute a Standard Agreement, any amendments, and any related documents necessary to participate in the CPLHA Program and approve corresponding budget revenue and expense amendments.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

IX. CLOSED SESSION: 1. Conference with Labor Negotiator (Gov. Code § 54957.6)
Name of Agency Negotiators: Administrative Services Director Buendia and Margaret Long
Employee Organization: Lakeport Employees Association

2. Conference with Labor Negotiator
(Gov. Code § 54957.6)
Name of Agency Negotiators: Administrative Services Director Buendia and Margaret Long
Employee Organization: Lakeport Unrepresented Employees ADJOURNMENT:

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to staff’s ability to post the documents before the meeting.

The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable accommodations are provided.

City Council Agenda of May 21, 2024 Page 4
_______________________________________
Hilary Britton, Deputy City Clerk
City Council Minutes of May 7, 2024 Page 2

MINUTES

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, May 7, 2024, 6:00 p.m.

I. CALL TO ORDER & ROLL CALL: Mayor Froio called the meeting to order at 6:01 p.m., with Mayor Froio, Council Members Costa, Disney, and Mattina present. Councilmember Parlet arrived at 6:27 p.m. during item V.D.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Kelly Buendia.

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

A motion was made by Council Member Mattina, seconded by Council Member Costa, and unanimously carried by voice vote 4-0-1-0 to accept the agenda as posted, with Councilmember Parlet absent.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve minutes of the City Council the special meeting of April 16, 2024 and the regular meeting of April 16, 2024.

C. Application 2024-018: Approve application 2024-018, with staff recommendations, for the Tuesday Farmers’ Markets in the Park.

D. Application 2024-019: Approve application 2024-019, with staff recommendations, for the 2024 Summer Concerts in the Park series.

E. Community Development
Quarterly Report:

Receive and file the Community Development quarterly report of activities.

F. Quarterly Financial Report: Review and file the 2nd Quarter Financial Update.

G. Out of State Travel: Authorize Out-of-State Training for five (5) staff members to attend the 2024 Neighborworks Training Institute in Pittsburgh, PA. from August 26 to August 30, 2024.

Vote on Consent Agenda: Council Member Costa requested to pulled item G, Out of State Travel.

A motion was made by Council Member Disney, seconded by Council Member Mattina, and unanimously carried by voice vote 4-0-1-0 to approve the Consent Calendar items A through F.

Council Member Costa read highlights of the staff report to share with the community and thanked staff for the efforts in pursuing the housing grants.

A motion was made by Council Member Costa, seconded by Council Member Disney, and unanimously carried by voice vote 4-0-1-0 to authorize Out-of-State Training for City Council Minutes of May 7, 2024 Page 3
five (5) staff members to attend the 2024 Neighborworks Training Institute in Pittsburgh, PA. from August 26 to August 30, 2024.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: Michael Green commented on the success of the Missing and Murdered Indigenous People event held at Xabatin Park.

B. Employee Introductions: Community Development Director Hejnowicz introduced new City employee Administrative Specialist, Lyara Perkins.

C. Proclamation: Mayor Froio presented a proclamation designating the week of May 1-7, 2024 as Elks Youth Week to Val Schweifler and other members of the Lakeport Elks Club.

D. Proclamation: Mayor Froio presented a proclamation designating the week of May 4-11, 2024 as National Osteogenesis Imperfecta Week to Jenifare and Marlene Martin.

E. Proclamation: Mayor Froio presented a proclamation designating the week of May 10-16, 2024 as National Police Week to Brad Rasmussen, Police Chief and Todd Freitas, President of the Lakeport Police Officers’ Association.

VI. PUBLIC HEARINGS:

VII. COUNCIL BUSINESS:

A. City Manager

1. Contract Renewal The staff report was presented by City Manager Ingram. Charles Parker from Retail Coach provided additional information to the City Council.

Bob Santana, President of the Lakeport Main Street Association, thanked the city and Retail Coach for the good work.

Christina Reitz, member of LMSA, is looking forward to a partnership with Retail Coach.

A motion was made by Council Member Disney, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to approve proposed comprehensive retail recruitment and development plan with The Retail Coach and authorize the City Manager to execute a professional services agreement on the City’s standard template with revisions subject to legal approval in the amount not to exceed $81,000.

B. Police Chief

1. School Resource Officer: The staff report was presented by Police Chief Rasmussen.

Bob Santana spoke in favor of the SRO contract.

A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to approve the Memorandum of Understanding between the Lakeport Unified School District and the City of Lakeport Police Department for the services of a School Resource Officer for Fiscal Years 2024/2025 & 2025/2026 and direct the City Manager to sign.

C. Public Works Director

1. Lakeport Fire Protection
District Agreement:

The staff report was presented by Public Works Director Ladd.

A motion was made by Council Member Mattina, seconded by Council Member Costa, and unanimously carried by voice vote 5-0-0-0 to authorize the City Manager City Council Minutes of May 7, 2024 Page 4
to enter into a Reimbursement Agreement with the Lakeport Fire Protection District for the parking lot rehabilitation project in a form substantially similar to the agreement included in the agenda packet.

2. Right of Way Agreement: The staff report was presented by Public Works Director Ladd.

A motion was made by Council Member Disney, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to adopt the attached resolution to accept the donation of the fee and Public Utility Easement property and authorize the City Manager to negotiate and execute the Donation Agreement with Jennifer Willkomm and to take all necessary and appropriate actions to implement the resolution.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

City Attorney Ruderman advised that the California Supreme Court would by hearing oral arguments regarding the California Business Roundtable ballot measure on Wednesday.

City Manager Ingram reported that The Retail Coach will be presenting at the LEDAC meeting on Wednesday. In addition, Civic Well and BlueZones will address the committee with an overview of the current Active Transportation Grant.

He also advised that interviews will be held for the Police Chief on Wednesday. City Manager Ingram also noted that the Xabatin Park was in great shape for the Missing and Murdered Indigenous People Day event.

Police Chief Rasmussen reported that he had assigned an officer to perform downtown foot patrols. He also advised that on June 15, 2024, the LPD, the Lakeport Fire Protection District and the Boy Scouts will be conducting a flag retirement ceremony.

Public Works Director Ladd reported that the Green, Sayre, and Loch Pavement Rehabilitation project is almost complete.

Community Development Director Hejnowicz had no report.

Administrative Services Director Buendia advised the Council that the open enrollment for benefits is May 17-30, 2024.

Assistant City Manager Walker had no report.

Utilities Director Harris had no report.

Council Member Parlet had no report.

Council Member Costa had no report.

Council Member Disney reported that the Pathways to Stability workshop went well.

Council Member Mattina had no report.

Mayor Froio attended the CalCities Redwood Empire Division meeting in Rio Dell with City Manager Ingram last week.

IX. ADJOURNMENT: Mayor Froio adjourned the meeting at 7:33 p.m. _______________________________________
Michael Froio, Mayor
Attest:

City Council Minutes of May 7, 2024 Page 5
________________________________
Kelly Buendia, City Clerk

1. Call to Order &
Roll Call:

Mayor Pro Tem Costa called the meeting to order at 6:02 p.m., with Council Members Costa, Disney, and Mattina present. Mayor Froio and Council Member Parlet joined the meeting at 6:07 p.m.

2. Closed Session: Mayor Pro Tem Costa adjourned to Closed Session at 6:03 p.m. to discuss:

1. Conference with Labor Negotiator
(Gov. Code § 54957.6)
Name of Agency Negotiators: Administrative Services Director Buendia and Margaret Long
Employee Organization: Lakeport Employees Association

Mayor Froio reported Kelly Buendia and Margaret Long had been appointed as Labor Negotiators for the City.

Adjournment: Mayor Froio adjourned the special meeting at 7:28 p.m. ____________________________________
Michael Froio, Mayor
Attest:
_____________________________________
Kelly Buendia, City Clerk

MINUTES

SPECIAL MEETING

OF THE LAKEPORT CITY COUNCIL
Monday, May 13, 2024, at 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 Meeting Date: 05/21/2024 Page 1 Agenda Item #IV.C.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Local Emergency Proclamation MEETING DATE: 05/21/2024 SUBMITTED BY: Kevin Ingram, City Manager
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to review the need to continue the proclamation declaring a Local State of Emergency due to flooding and extreme weather and provide direction.

BACKGROUND/DISCUSSION:

On February 7, 2024, the Director of Emergency Services for the City of Lakeport declared a local State of Emergency because of severe weather conditions including heavy rain, and extreme wind. In accordance with the Emergency Services Act Section 8630(b), the City Council ratified the declared emergency on February 13, 2024, under Resolution 2940 (2024). Under Lakeport Municipal Code section

2.28.150, the City Council shall review the declaration at least every sixty days or as prescribed by law until the need for continuing the local emergency has ended and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant. The City Council subsequently continued the emergency declaration on April 2, 2024.

Since a need still exists for the declaration, Council is asked to review and continue the declaration.

Should the need continue, staff will return this item within the next 60 days for City Council review.

OPTIONS:

Approve the need for the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind; or proclaim the termination of the Local State of Emergency
FISCAL IMPACT:

None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments:

Meeting Date: 05/21/2024 Page 2 Agenda Item #IV.C.

COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS: Move to approve the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind.

Attachments: 1. Resolution No. 2940 (2024)

04/30/2024 2024-020
05/21/2024

Memorandum
DATE: May 3, 2024
TO: Hilary Britton, Deputy City Clerk/Records Supervisor FROM: Pheakdey Preciado, Senior EHS
RE: Application 2024-020 Memorial Day Parade/
SR0005473
The Environmental Health Division has no requirements since there will be no food sold or given away to the public.

COUNTY OF LAKE
Health Services Department
Environmental Health Division
922 Bevins Court
Lakeport, California 95453-9739
Telephone 707/263-1164
FAX 707/263-1681
Anthony Arton
Health Services Director
Noemi Doohan, MD, PhD, MPH
Public Health Officer
Craig Wetherbee
Environmental Health Director
Promoting an Optimal State of Wellness in Lake County
FW: Application 2024-020 - Memorial Day Parade
Lake County Sheriff - Records <[email protected]> Mon 5/6/2024 10:17 AM
To:Hilary Britton <[email protected]>
Please see below Sheriffs Office response
From: Richard Ward <[email protected]>
Sent: Thursday, May 2, 2024 8:26 AM
To: Lake County Sheriff - Records <[email protected]> Subject: RE: Application 2024-020 - Memorial Day Parade No concerns from the Sheriff’s Office.

Lieutenant Rich Ward
Lake County Sheriff’s Office
1220 Martin St.

P.O. Box 489
Lakeport, Ca. 95453
(707) 262-4081 Desk
(707) 262-4220 Fax
(707) 262-4200 Administration
[email protected]
www.lakesheriff.com
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Lake County Sheriff - Records <[email protected]> Sent: Wednesday, May 1, 2024 1:02 PM
To: Richard Ward <[email protected]>
Subject: FW: Application 2024-020 - Memorial Day Parade Please see below
From: Hilary Britton <[email protected]>
Sent: Wednesday, May 1, 2024 9:04 AM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>
Subject: [EXTERNAL] Application 2024-020 - Memorial Day Parade Hi all,
Please find attached application 2024-020 for the 2024 Memorial Day Parade for your review and comments.

We would like to submit this for City Council approval at the 05/21/2024 Council meeting, so please have your comments back to me by 05/15/2024.

Thank you for your input!
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system

**Lake County Health and Wellness Expo 2024**
The Lake County Health and Wellness Expo 2024 is a vibrant one-day event dedicated to celebra�ng our community and honoring the contribu�ons of our health and wellness heroes. It's a family-friendly occasion, completely free of charge, aimed at providing valuable health and safety resources to all atendees. From informa�ve booths to engaging entertainment, this event promises something for everyone.

Last year, we were thrilled to welcome 2,000 atendees and distribute 52 bicycles and helmets to children of all ages. Building on this success, our aim for this year is to broaden the scope of the expo to embrace all facets of community well-being, not solely focused on health.

In addi�on to health-related offerings such as vaccina�ons, dental and health screenings, we're excited to introduce a range of new atrac�ons. These include demonstra�ons from our high school culinary classes, gardening showcases, wellness presenta�ons suitable for the en�re family, and a dedicated kids' area featuring fun yard games. Food trucks will be on hand offering delicious treats for purchase, ensuring that no one goes hungry during the fes�vi�es.

Furthermore, we're proud to announce the inclusion of an animal awareness area and a food bank distribu�on sta�on at Dutch Harbor, highligh�ng our commitment to holis�c community support. Fi�h Street will host an array of safety-focused ac�vi�es, including displays of large safety vehicles and equipment, as well as a designated area for water safety demonstra�ons at the boat launch.

Addi�onally, a car seat installa�on and safety center will be located at the back of the parking area, reinforcing our dedica�on to ensuring the well-being of all members of our community.

To accommodate these exci�ng addi�ons, we kindly request the temporary closure of 5th street during the event. However, parking to the right of 5th street, when viewed from Main Street, will remain accessible for public and boat parking, with appropriate barricading to ensure safety.

Finally, we are in the process of securing the yacht club as a staging area to facilitate the smooth opera�on of the expo. Atached are maps detailing the layout of the event for your reference.

Thank you for considering our proposal. We are enthusias�c about the opportunity to host another successful Lake County Health and Wellness Expo, formerly known as Heroes of Health and Safety Fair, enriching the lives of our community members and promo�ng a culture of well-being for all.

Kamlin Fasano

Memorandum
DATE: May 3, 2024
TO: Hilary Britton, Deputy City Clerk/Records Supervisor FROM: Pheakdey Preciado, Senior EHS
RE: Application 2024-021-Health & Wellness
Expo/SR0005474
APN: 025-601-07 (Xabatin Community Park)
The Lake County Chamber of Commerce (Sponsor) must apply and pay for a sponsor temporary permit for a community event at least two weeks prior to the event from the Lake County Environmental Health Division Office. The food vendors must apply and pay for the temporary permit for the community event from the Lake County Environmental Health Division Office at least two weeks prior to the event.

Please note: The temporary permit, once issued, is not transferable, and is only good for that specific community event only.

COUNTY OF LAKE
Health Services Department
Environmental Health Division
922 Bevins Court
Lakeport, California 95453-9739
Telephone 707/263-1164
FAX 707/263-1681
Anthony Arton
Health Services Director
Noemi Doohan, MD, PhD, MPH
Public Health Officer
Craig Wetherbee
Environmental Health Director
Promoting an Optimal State of Wellness in Lake County
FW: Application 2024-021 - Health & Wellness Expo
Lake County Sheriff - Records <[email protected]> Mon 5/6/2024 10:18 AM
To:Hilary Britton <[email protected]>
Please see below for Sheriffs Office response
From: Richard Ward <[email protected]>
Sent: Thursday, May 2, 2024 8:26 AM
To: Lake County Sheriff - Records <[email protected]> Subject: RE: Application 2024-021 - Health & Wellness Expo No concerns from the Sheriff’s Office.

Lieutenant Rich Ward
Lake County Sheriff’s Office
1220 Martin St.

From: Lake County Sheriff - Records <[email protected]> Sent: Wednesday, May 1, 2024 1:02 PM
To: Richard Ward <[email protected]>
Subject: FW: Application 2024-021 - Health & Wellness Expo Please see below
From: Hilary Britton <[email protected]>
Sent: Wednesday, May 1, 2024 9:08 AM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>
Subject: [EXTERNAL] Application 2024-021 - Health & Wellness Expo Hi all,
Please find attached application 2024-021 for the 2024 Health & Wellness Expo for your review and comments.

We would like to submit this for City Council approval at the 05/21/2024 Council meeting, so please have your comments back to me by 05/15/2024.

Thank you for your input.

Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system

CITY OF LAKEPORT
225 Park Street
Lakeport, CA 95453
Please Note: Phone: (707) 263-561 5, Ext . 102
Bounce Houses and Waterslides are prohibit ed Fax: (707) 263-8584

APPLICATION FOR USE OF PUBLIC AREAS
Please note: City Council meetings are held the FIRST and THIRD TUESDAY of the month. Application forms require City Council approval and must be completed and submitted to the City Clerk at least one month prior to the Council meeting at which they will be considered.

This section to be completed by City:

Appli cation Received (Date): Application No.

D $1 5. 0 0 Application Fee Paid For Council Meeting of (Dat e):

This section to be completed by Applicant (please answer all questions with as much detail as possible):

Applicant Name: Sarah Weber Organizat ion Name:SafeRx Lake County Address: .
955 Bevins Ct, Lakeport, CA 95453
Address:

Home Phone: n/a I Work Phone:(707)263-1090 I Mobile Phone:(505)573-8965 Email Address:sarah. weber@lakecou ntyca. gov Website/Facebook Page:SafeRx Lake County Other Contact: Kim Tangermann Phone for Other Contact:(707)263-1090 Organization is: D Nonprofit Organization D For Profit Organization qov4- "'- 0\ e VI C'I ..., " Name of Event:SafeRx Youth Summit
Descript ion of Event:

The Youth Summit is a one-day event for Lake County youth to engage in community and self-improvement.

Public Area of Use: D Main Street D Library Park D Silveira Community Center Parking Lot ~ Xabatin Community Park , • ..,~. -,._ - .. Specific Location of Event (Map Must be Attached):amphitheater, sidewalks, grass, basketball court c-,)~1~ n-J\ Does this use involve public right of way, streets, or sidewalk? D Yes ~ No V If yes, please indicate specific location:

If request ing closure of streets, sidewalk, etc., please describe notification procedure for affect ed businesses and/or residences:

Date(s) of Event: 6/21/2024 Tot al Number of Days: Set Up Time: ID 41111\. 1 Time of Event: \ \ (A Vii\ -
Tear Down Time: '-' ., IN'
Specify anticipated number of people (both participants and the public): 7 5 Will any vendors be present? Yes ~ No O Will any food booths be present? Yes ~ No O Requirements: Specific City Staff Needs:
~ Electricity ( cannot be guaranteed by City) D Police
D Barricades D Public Works
D Street/Sidewalk Closures 0 Parks
D No irrigation in park prior to event D Other (please specify):

D Other (please specify):

Coordination of these requirements must be made through the .The City reserves the right to bill applicant for related City costs.

Public Works Department: (707) 263-0751

INSURANCE CERTIFICATE REQUIRED
Note: The insurance certificate provided to the City by your organization's insurance company must name the City of Lakeport as an additional insured for the event specified in this application and must include a copy of any endorsements, including Waiver of Subrogation.

The insurance provided to the City as an additional insured shall be primary to, and non-contributory with any insurance or self-insurance program maintained by the City. The minimum coverage amount required is $2,000,000. The certificate and endorsements must also be in a form acceptable to risk management and available for review 15 working days prior to the scheduled event. 05/02/2024 2024-023
X 05/21/2024

CITY OF LAKEPORT
225 Park Street
Lakeport, CA 95453
Please Note:

Bounce Houses and Waterslides are prohibited
Phone: (707) 263-5615
Fax: (707)263-8584

APPLICATION FOR USE OF LIBRARY PARK GAZEBO AND FACILITIES Th is section to be completed by City:

Application Received (Date): D $15.00 Application Fee Paid Application No.

Th is section to be completed by Applicant (please answer all questions):

ApplicantName:Sarah Weber I Organization Name:SafeRx Lake County Address:
955 Bevins Ct, Lakeport, CA 95453
Home Phone: I Work Phone:(7O7)263-1O9O I Mobile Phone:(5O5)573-8965 EmailAddress:[email protected]
Facility Requested:

D Gazebo D Fifth Street Boat Ramp D Third Street Boat Ramp I!!! Parking !!I Xabatin Community Park Amphitheatre Description of Event Proposed: safe Rx Youth Summit
Date of Event: 6/21/2024 Set Up Time: 10 !!I AM □ PM
Time of Event: I l !!I AM □ PM
Tear Down Time: 4 AM ~ PM
Specify anticipated number of people (both participants and the public): 7 5 Requirements: * Coordination of these requirements must be made through the Public Works Department: (707) 263-0751 I!!! Electricity (not guaranteed by the City)
D No water in park prior to event
D Other (please specify):
,·,,"·' It should be cl early understood that approval of your event does not convey exclusive use of the Park or the boat ramps and that there may be ot her events occurring in the Park or on the lake at the tim e .. Q.f.X!!llf event''"'''' USE OF ALCOHOL: Is a permit for alcoholic beverages requested? D Yes ~ No If you have checked yes, you must obtain a signed permit from the Lakeport Police Deportment and attach it to this application. This will allow for consumption of alcoholic beverages in connection with the event but will NOT allow for the SALE of alcoholic beverages. If alcoholic beverages are going to be sold or included with the price of any ticket or admission to the event, then the applicant is required to obtain a one-day license from the California Department of Alcoholic Beverage Control. This one-day permit would be required in addition to a permit by the Lakeport Police Department.

INSURANCE INFORMATION (Applies only to Public Events &Fishing Tourna ments) The minimum coverage amount required is $2,000,000.

The insurance certificate provided to the City by your organization's insurance company must name the City of Lakeport as an additional insured and must include a copy of any endorsements, including Waiver of Subrogation. The insurance provided to t he City shall be primary to, and non-contributory with any insurance or self-insurance program maintained by the City.

HOLD HARMLESS AGREEMENT: In cons ideration of allowing the event(s) specified in this application, and to the fullest extent permitted by law, I/ we agree to indemnify and hold harmless the City of Lakeport and its agents and "employees" from and against any injury, damage, claims, actions or suits arising out of the herein described Event, including those caused by negligence of the parties being indemnified and/or any dangerous cond ition of property of the parties being indemnified, and further agrees to defend and indemnify the City of Lakeport from and again:~aimMJ~ts arising out of or connected with the fore~~ nl ,ee/;(~ .

SIGNATURE OF APPLICANT DATE
.:..11.ui... TTr'
. Cr1) )
TR-4.511 [, 1-:LOSl.. r\C -
$'"--IADEAf-='.011.

Y~I A n..:..u\
' "
', !.~
I~~ :~~-· - ;-
\J / ,l r
... :r/ J ( • ' I
~ L.,\~H ~f,,O ------::

PAF.KNGLOT~ 'A'lTH CI\O? 0 ~ --... ...... ...__. ,S,.fArSTA ' ~ .. CJ)
z
;;'
:l
';,:,J:;J~~:t~I L'-41MNO: ·- -,-
·--w,
FXL';7t,.b ~i:F.. --.P. • H·P-'-*~~
;..-·:..:
ii , \ •.• >K£1<,;.rns:r,,..

I '.-, 1-, --·
:\r,
I r'·•·s~. { , ..

J
I
1/ __ _ [, :~- - - \ J, ~ D
I ,, __,
-~ , Ii
- .
/.'.. --
:,
-
1 - MULiiJJEP.•WIUUN I
\
~tAOf." ~I-II I Hie.

I f
\......:: _,..._<'; _;\~ --r- 1-.l",PH~HE.-.TH',..·~,"r'IN~l ,\WN \
\ r-1CN1c T"r.
.r. r,r or 11
i'
" (
' I
; I f•\()/1;::t,.Ar'::F PFO~
•.p,,, Wr.LK
( / ~'1. Plt-Nl=,\NDRC'-AT Mt-'P
/ LL.,l . / I
,' I 1
' I
1 1 -
·' ,=-.... I •
I
I _........, , /
)
I
.. I 'I _[;;=
'--,,_ cru.,,..ivc,
~ \
I \_ MU1.n1.w,,.rrr \_"o;..,.=·''·'-' r•. - / ~ l ~l\
SITE LEGcND
S'f/,1:IOL ~ _ _ : ,:(:'.": >':.II•,~
:; ui,,t; M.Jo. 1~ ".~:;1~ T"PE )I
c=-'J ~c::l(:;u,,1-::01,cnFT• ,.,,.._.1<10 P~ :r.

C=:J r.1-,:;.,,.!J,..f':!I IN!:Kn-a-f',l,'.'J~r-•"f:1., C=:J .oat-.<.LT r"J..',1,i:

C=:J p..,:1mt.C .!.RC,:.C- c1c::-•1 .. lC
~ ML!·D• .FI.IT'JRl'Pl .~tm1,c;. ,:.,:~;.~

TREE LEGEND
P.E:::.YM~Ol bUT
AN1c..i.1JU)MM:'.>N N.:..rE
.'\LNU~-F.ue;.:, .. JtfD tJ.C ER
L.AG[-::S-rtOr'1AX '"\l;.TO-F7';
Cl:F.PF J1VRTL;

1.1\URUS X 'SM~:.,\ TOC,"\ •
:.A~TO(;.:.,H l'Ht,:ll;I.Al-~l:: l
t,\.:.,ltri.l"•W'· tl '-t$H
:;.:;L.;:l'_OA\'l:;.1.•1r ,.;r1 :·,,.1,,
~11'<:!I--: ~-Sll.lP~O::ChCk:::lt
::::L.:ILN.'l,- _H,.•11..et<l:.T0M'4,.•ll
•.•Fo.r-· AA:'l•)".'
::.11 ,":,. "'o...~·.·;;; ~r,,::11 n:
-!l.,_H 11 11-'::.0."' • k t-1,oSi"..,./.lr•~;,
:;: ,1 ::1(:Lln·.·~-lU'•l!.lll ,nw :.1
rc::oc.~.,ri-:aA=.:.,m :a,
~er r-1.4' nhc "l~,,
CONTA.l "l:!{_~.!_t
t~O..l.
t!;GA.
fL'"•T/1NUS X 1\CE;:\~L~·, 'CCLt..'ME.IA"'
,o..,.r,ci-..: f'_.:..t...Fl'Ri::~
l~G1\L
QLCR.C.J!; ~. u.-.. I' ,(} UTT (JJ.I(
OlJE/tO.t; VIRGlt-llAMA I
!OUTH!:F.N _J·t:. c,..:.,:_
7fl ..:ov>. srAAJ..TO, 'C:NIN'IMC'i c.,;.,._ ;tN •>~~;.,:.,•_~Lti.K:.>•,•A C<lITlt-..~ Tr. EE
(0 rl o rtr,
-~.:.:r zz~: :
l!-GAL I~ GAi. 1'i <?.:..L
Memorandum
DATE: May 13, 2024
TO: Hilary Britton, Deputy City Clerk/Records Supervisor FROM: Pheakdey Preciado, Senior EHS
RE: Application 2024-023 – SafeRX Youth Summit in
Xabatin Park/SR0005480
APN: 025-601-07 (Xabatin Community Park)
The SafeRX Lake County (Sponsor) must apply and pay for a sponsor temporary permit for a community event at least two weeks prior to the event from the Lake County Environmental Health Division Office. The food vendors must apply and pay for the temporary permit for the community event from the Lake County Environmental Health Division Office at least two weeks prior to the event.

Please note: The temporary permit, once issued, is not transferable, and is only good for that specific community event only.

COUNTY OF LAKE
Health Services Department
Environmental Health Division
922 Bevins Court
Lakeport, California 95453-9739
Telephone 707/263-1164
FAX 707/263-1681
Anthony Arton
Health Services Director
Noemi Doohan, MD, PhD, MPH
Public Health Officer
Craig Wetherbee
Environmental Health Director
Promoting an Optimal State of Wellness in Lake County
FW: Application 2024-023 - SafeRX Youth Summit in Xabatin Park Lake County Sheriff - Records <[email protected]> Thu 5/9/2024 4:10 PM
To:Hilary Britton <[email protected]>
From: Richard Ward <[email protected]>
Sent: Thursday, May 9, 2024 4:05 PM
To: Lake County Sheriff - Records <[email protected]> Subject: RE: Application 2024-023 - SafeRX Youth Summit in Xabatin Park No concerns from the Sheriff’s Office.

Lieutenant Rich Ward
Lake County Sheriff’s Office
1220 Martin St.

From: Lake County Sheriff - Records <[email protected]> Sent: Tuesday, May 7, 2024 2:11 PM
To: Richard Ward <[email protected]>
Subject: FW: Application 2024-023 - SafeRX Youth Summit in Xabatin Park Please see below
From: Hilary Britton <[email protected]>
Sent: Monday, May 6, 2024 1:24 PM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Bethany Moss <[email protected]>; Dale Stoebe <[email protected]>; Jim Kennedy <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; Ky Ramsey <[email protected]>; [email protected]; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Patrick Reitz <[email protected]>; Ryan Cooley <[email protected]>; Victor Fernandez <[email protected]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] Application 2024-023 - SafeRX Youth Summit in Xabatin Park Hi all,
Please find attached application 2024-023 for the SafeRX Youth Summit for your review and comments.

We would like to submit this for City Council approval at the 05/21/2024 Council meeting, so please have your comments back to me by 05/15/2024.

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: 2023 Edible Food Recovery Program Report MEETING DATE: 05/21/2024 SUBMITTED BY: Andrew Britton, Compliance Officer II
PURPOSE OF REPORT: ☒Information only ☐ Discussion ☐Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to review the 2023 Edible Food Recovery Program report.

BACKGROUND/DISCUSSION:

Reducing the volume of edible food disposed by businesses has been an objective for the City since the introduction of SB 1383 which established methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of California's economy.

To comply with the terms of SB 1383 the City Council adopted Edible Food Recovery Regulations in June 2022 which are incorporated into Chapter 8.16 of the Lakeport Municipal Code. The City also maintains a webpage dedicated to the Edible Food Recovery Program.

SB 1383 and the City’s regulations require all Tier 1 Generators (supermarkets with more than 10,000 SF) to do the following:
• Recover the maximum amount of surplus edible food that would otherwise be disposed (as compost or landfill) to feed people;
• Have a written agreement/contract with all food recovery organizations/services that pick up or receive edible food from your business; and
• Maintain records of type, frequency and pounds of food recovered each month.

Three Tier 1 Generators are located inside the Lakeport city limits and all are complying with the Edible Food Recovery Program reporting requirements. The table below provides the total amounts of edible food that were donated to the Clear Lake Gleaners for distribution to the public in 2023. The totals were self-reported by each supermarket.

Tier 1 Generator 2023 Edible Food Donation Totals
Bruno’s Shop Smart 78,000 pounds
Safeway 38,316 pounds
Grocery Outlet 2,018 pounds
118,334 pounds total
The efforts of our local supermarkets to provide nutrition assistance to the less fortunate in our community is appreciated. By participating in the Edible Food Recovery Program, they are making a tangible difference in the Meeting Date: 05/21/2024 Page 2 Agenda Item # IV.G.
lives of local individuals and families facing hunger. The total reported amount of edible food donated to our local food recovery organization in 2023 is significant and should be applauded.

OPTIONS:

N/A
FISCAL IMPACT:
☒ None ☐ $ Budgeted Item? ☐Yes ☐ No
Budget Adjustment Needed? ☐Yes ☐ No If yes, amount of appropriation increase: $ Affected fund(s): ☐ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other:

Comments:

N/A
☒ Attachments: 2023 Edible Food Recovery Program Reports from Supermarkets Received via email
2/19/2024
George Mantel
Shop Smart #73
[email protected]

CITY OF LAKEPORT
Public Works Department
591 MARTIN STREET
LAKEPORT, CALIFORNIA 95453
TELEPHONE 707.263.3578 x403
E-MAIL [email protected]
Edible Food Recovery Program Report Form
Tier 1 Commercial Edible Food Generator
REPORT PERIOD: January 1, 2023 to December 31, 2023
NAME & ADDRESS: Safeway Store #0983
1071 Eleventh St.

Lakeport, CA 95453

EDIBLE FOOD RECOVERY
PROGRAM CONTACT PERSON:

CONTRACTED FOOD RECOVERY

SERVICES OR ORGANIZATIONS
THAT COLLECT EDIBLE FOOD:

Name: d, ·,r /%,/ lb ; f'
Phone: {>10)>66- 21 Z 7
Email: d-;s/,q/,,/iy,s @<;��- �---.

1. 2-e d v--&oJ bo//r--e.. k d f3o.__, k

2. 3.

4. --------------

TOTAL NUMBER OF POUNDS OF EDIBLE

FOOD DONATED THROUGH A CONTRACTED

FOOD RECOVERY ORGANIZATION DURING
REPORTING PERIOD:
3'3) '3/6 Pounds
eport Due by May ,, 202
Return To:

Andrew Britton
City of Lakeport
591 Martin St.

Lakeport, CA 95453
Or via email to [email protected]
Questions? Call 707.263.3578 x403
Thank you!
Received via email
2/16/2024
.

Meeting Date: 05/21/2024 Page 1 Agenda Item #IV.H.
357928.1

CITY OF LAKEPORT
City Council 
City of Lakeport Municipal Sewer District 
Lakeport Redevelopment Successor Agency 
Lakeport Industrial Development Agency 
Municipal Financing Agency of Lakeport 

STAFF REPORT
RE: Resolution Calling For and Providing For and Giving Notice of General Municipal Election and Requesting Consolidation MEETING DATE: 05/21/2024
SUBMITTED BY: Kelly Buendia, City Clerk
PURPOSE OF REPORT:  Information only  Discussion  Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to adopt a resolution calling for, providing for, and giving notice of general municipal election and request election services to be provided by the County of Lake.

BACKGROUND/DISCUSSION:

There are four City Council members whose terms will expire at the end of 2024 (Kim Costa, Brandon Disney, Michael Froio, and Kenny Parlet). Three of the open seats will be eligible for a full term of 4 years, and one seat will be eligible for a 2-year term. This is a result of Mireya Turner’s election and subsequent resignation in November 2022.

Government Code section 36512, subdivision (b)(2)(A) states, in part, that if the (Council) vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election. This will adjust the terms and election cycle back to three seats expiring in an Presidential election year and two seats expiring two years later.

The election to fill these seats will take place on November 5, 2024. The City holds at-large elections, in which the nominees receiving the highest number of votes for their respective offices are elected. In the case of split terms, Election Code section 10220 deems each seat as a separate office. Therefore, all seats must be identified as full or partial term. Candidates will be required to elect to run for either a full term or partial term on their candidate paperwork and nomination petition.

In the past, we have been able to consolidate our elections with the County of Lake at significant cost savings to the City. The ability for the City to conduct the election itself would be impractical and much more expensive.

In addition to providing elections expertise, cost savings are obtained through economies of scale for personnel (poll workers) and publications (printing and postage).

As part of the elections process, the City must adopt a resolution calling for, providing for, and giving notice of the General Municipal Election. If the City is to request election services from the County, it must pass a resolution requesting approval from the Lake County Board of Supervisors. The attached resolution meets both of these requirements.

Meeting Date: 05/21/2024 Page 2 Agenda Item #IV.H.
357928.1
OPTIONS:

The City Council could provide other direction.

FISCAL IMPACT:
 None  $ Budgeted Item?  Yes  No
Budget Adjustment Needed?  Yes  No If yes, amount of appropriation increase: $ Affected fund(s):  General Fund  Water OM Fund  Sewer OM Fund  Other:

Comments:

Move to adopt a Resolution calling for the General Municipal Election to be held in the City of Lakeport, County of Lake, State of California, on the 5th Day of November 2024, for the purpose of electing three (3) City Council Members to 4-year terms, one (1) City Council Member to a 2 year term, and requesting consolidation of that election with the State General Election.
 Attachments: 1. Resolution Calling for General Municipal Election 357924.1
RESOLUTION NO. ____(2024)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT CALLING FOR AND

PROVIDING FOR AND GIVING NOTICE OF THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF LAKEPORT, COUNTY OF LAKE, STATE OF CALIFORNIA, ON THE 5TH DAY OF NOVEMBER 2024, FOR THE PURPOSE OF ELECTING FOUR (4) CITY COUNCIL MEMBERS, THREE

TO HOLD OFFICE FOR A TERM OF FOUR YEARS, AND ONE TO HOLD OFFICE FOR A TERM OF

TWO YEARS, OR UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFIED, REQUESTING

CONSOLIDATION OF THAT ELECTION WITH THE STATE GENERAL ELECTION AND REQUESTING

APPROVAL OF THE LAKE COUNTY BOARD OF SUPERVISORS FOR ELECTION SERVICES TO BE

PROVIDED BY THE LAKE COUNTY REGISTRAR OF VOTERS
WHEREAS, the General Municipal Election of the City of Lakeport is scheduled for November 5, 2024; and
WHEREAS, the interests of efficiency call for the consolidation of that election with the Statewide General Election to be held that same date; and WHEREAS, the City Council requests to obtain services from the Lake County Registrar of Voters for the conduct of that election.

RESOLVED, by the City Council of the City of Lakeport as follows:

Section 1. The General Municipal Election is hereby called and ordered to be held in the City of Lakeport, County of Lake, State of California, on the 5th day of November, 2024, for the purpose of electing three (3) members of the City Council, to hold office for a term of four (4) years, and one (1) member to hold office for a term of two (2) years, or until their successors are elected and qualified, to fill the vacancies that will arise with the expiration of the terms of the following City Council Members:
(i) Kim Costa; (ii) Brandon Disney; (iii) Michael Froio; (iv) Kenneth Parlet.

Section 2. The General Municipal Election hereby called and ordered to be held, shall be held and conducted, and the votes thereat received and canvassed, and the returns thereof made, and the result hereof ascertained, determined, and declared as herein provided, and in all particulars not recited herein, according to the laws of the State of California, providing for Municipal Elections; and the polls for such election shall be and remain open during the time required by said laws.

Section 3. As the interests of efficiency call for the consolidation of that election with the Statewide General Election to be held that same date, the Lakeport City Council hereby declares its intent to consolidate this General Municipal Election with the Statewide General Election to be held on November 5, 2024. This resolution shall constitute the request for consolidation required by Elections Code section 10403 and the City Clerk shall forward a certified copy of this resolution to the Clerk of the Lake County Board of Supervisors not later than 99 days prior to November 5, 2024.

Section 4. All voting places, precincts, and election boards within the boundaries of the City of Lakeport shall be the same as those for the Statewide General Election and the ballots to be used at the Statewide General Election shall be in form and content as required by law. The City Council hereby acknowledges that the consolidated election will be held and conducted in the manner prescribed by Elections Code section 10418.

Section 5. The four (4) City Council Member nominees, receiving the highest number of votes for their respective offices and who have filed the required disclosure statements, shall be declared 357924.1
elected for their four (4) year or two (2) year term beginning when first administered the oath of office, and ending when their successors are elected and qualified.

Section 6. The City of Lakeport determines that the length of Candidate Statements shall not exceed 200 words and cost of the Candidate Statement shall be paid by the Candidate in accordance with Elections Code section 13307.

Section 7. The Lakeport City Council hereby requests approval of the Lake County Board of Supervisors to authorize the Lake County Registrar of Voters to provide all the services necessary to conduct and canvass the returns of said election, including, but not limited to, printing and supplying ballots for the General Municipal Election, mailing sample ballots and candidate statements of qualifications to the voters of the City as part of the material mailed to voters for the Statewide General Election, and performing such other services as may be required for the consolidation and conduct of the General Municipal Election with the Statewide General Election.

Section 8. The City Clerk is hereby authorized to utilize the services of the Lake County Registrar of Voters for the conduct of the General Municipal Election and to perform all other acts necessary or required by law to implement this resolution and hold the election.

Section 9. Notice of the time and place of holding the election is given and the Lake County Registrar of Voters is authorized, instructed, and directed to give further or additional notice of the election in time, form, and manner as required by law.

Section 10. Pursuant to Elections Code sectioin 10002, the City of Lakeport hereby agrees to reimburse the County of Lake for the services performed by the Lake County Registrar of Voters upon presentation of a bill to the City of Lakeport.

Section 11. The adoption of this resolution is exempt from the California Environmental Quality Act (Public Resources Code section 21000, et seq.) (“CEQA”) pursuant to CEQA Guidelines (14 Cal. Code Regs., section 15000, et seq.) section 15061(b)(3) as there is no possibility that the calling of a General Municipal Election may have a significant effect on the environment.

Section 12. The City Clerk of the City of Lakeport shall certify to the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.

Section 13. This resolution is hereby adopted and becomes effective and in full force immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Lakeport, County of Lake, State of California on this 21st day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:
____________________________________
MICHAEL FROIO, Mayor
357924.1
ATTEST:
____________________________________
KELLY BUENDIA, City Clerk
Proclamation
DESIGNATING THE WEEK OF MAY 18-24, 2024, AS

NATIONAL SAFE BOATING WEEK IN LAKEPORT
WHEREAS, National Safe Boating Week is observed to bring attention to important life- saving information for recreational boaters so that they can have a safer, more enjoyable experience out on the water throughout the year; and
WHEREAS, in the calendar year of 2022, U.S. Coast Guard statistics reveal that recreational boating fatalities decreased. Of the 659 people who died in fatal boating-related accidents in the United States; 445 of these fatalities were due to drowning and 370 of these boaters would be alive today had they worn their life jackets; and
WHEREAS, Lake County Flotilla has continued to provide free life jackets to youngsters by participating in community activities which promote child safety and educating the boating public in safe boating practices; and
WHEREAS, the Flotilla is now in partnership with the Clear Lake State Park as ambassadors of boating and marine safety; and
WHEREAS, Flotilla 08-08 of Lake County will continue its efforts to educate the boating public by resuming safety patrols, free vessel safety checks, and encourage boaters to practice safe boating habits and to wear your life jackets.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Lakeport does hereby designate the week of May 18th through May 24th, 2024 as National Safe Boating Week
in the City of Lakeport, and urges all users of Clear Lake, Lake Pillsbury, Blue Lakes, and Indian Valley Reservoir to safeguard their lives by wearing life jackets when boating, exercising safe boating practices, and
BOAT REPONSIBLY ~ WEAR YOUR LIFE JACKET
I have hereunto set my hand and caused the Seal of the City of Lakeport to be affixed this 21st day of May, 2024.
________________________________
MICHAEL FROIO, Mayor

This last fiscal year proved that much improvement was needed to meet the mission and vision of the Lakeport Main Street Association. We appreciated the input from City Council and swiftly moved forward to make the changes that were requested. Our goal became focused more on the needs of our members and less on event planning. Some of the decisions our board had to make to make the needed changes were very challenging.

I am very proud of our board members, including those we lost this year. Many have spent endless hours, far beyond the required as per our bylaws, laying the foundation to make these necessary changes. These changes are bringing more serious-minded, solution-oriented ideas and volunteers. It is less about the party and more about the success of the businesses in Lakeport.

As a result of these efforts, LMSA has gained new members who are eager to get involved and appreciate the changes that have been made. We look forward to continued talks with Lakeport business owners to hear their insights and to working with coaches who specialize in increasing tourism. With collaborative efforts involving other cities around the lake, LMSA has been inspired to make transitions and has developed relationships with other civic groups to manage the events that fell outside of our vision.

In this last year, we narrowed the events down to the 4th of July, Taste in Lakeport, Harvest Festival and the Dickens Festival. By reducing the number of events the LMSA is better equipped to handle the challenges event planning brings, be more mindful of whom is involved, and give our members, our local businesses, more opportunities to benefit from the events.

In the upcoming year, LMSA is working to provide more benefits to our members such as business courses, discounted event booths, promotions and advertising. We look forward to working with new forward-thinking volunteers like Carl, Danny and many others. In addition, we are excited to announce that Lake County Tribal Health Consortium became a major sponsor in March of this year.

On behalf of the Lakeport Main Street Association, I thank the City of Lakeport for their support and look forward to continuing to work with them in the upcoming year.

Letter from the President
Bob Santana
2023/2024 Accomplishments
• Created a new, easy to read website.
• Filled the calendar of events and included all Lakeport activities. • Established a heavy social media presence.
• Established a campaign of city-wide quarterly advertising for local businesses focused on community engagement.
• Established a professional campaign to obtain sponsors and recruit members. • Adopted a new logo that more closely represents new goals. • Began an educational campaign to engage the community regarding the Four Points model from CAMS and what a Main Street Association looks like. • Established a new quarterly newsletter to members.
• Revised the Mission and Vision Statement to clarify our goals. • Created a plan of action to engage members with mixers and other gatherings. • Welcomed a new board member.
• Welcomed a new City Representative board member.
• Hired and trained a new Administrative Assistant.
• Held a weekly fundraiser at the Concert in the Park during the summer. • Reduced the number of events as per the City’s request and successfully held 3 events plus hosted the Splash-In.
• Located new hosts for 4 events.
2024-2025 Proposed Projects/Goals
• Focused campaigns to assist local businesses including advertising and support • Continued volunteer recruitment
• Expand the newsletter to monthly
• Work with a business coach to fill vacant buildings and increase visitors to the City. • Find solutions to signage concerns of local businesses as well as local "wayfinding" signs and the re-purposing of existing signs to inform of local events • Organize, successful events to include the 4th of July Vendor event, the Taste in Lakeport, Harvest Festival, and Dickens Fair as able • Sponsor recruitment.
• Member recruitment
• Member engagement and inclusion
• Promotions for members
• Attention to the Four Points model from CAMS and its application to LMSA The Four Point Approach
The Main Street Approach is most effective in places where community residents have a strong emotional, social, and civic connection and are motivated to get involved and make a difference. This approach works where existing assets—such as older and historic buildings and local independent businesses—can be leveraged. It encourages communities to take steps to enact long term change, while also implementing short term, inexpensive and placed-based activities that attract people to the commercial core and create a sense of enthusiasm and momentum about their community. Both small-city downtowns and urban neighborhoods throughout the nation are renewing their community centers with Main Street methodology.

Transformation Strategies are implemented through comprehensive work in four broad areas, known as the Four Points.

ECONOMIC VITALITY focuses on capital, incentives, and other economic and financial tools to assist new and existing businesses, catalyze property development, and create a supportive environment for entrepreneurs and innovators that drive local economies.

DESIGN supports a community’s transformation by enhancing the physical and visual assets that set the commercial district apart.

PROMOTION positions the downtown or commercial district as the center of the community and hub of economic activity, while creating a positive image that showcases a community’s unique characteristics.

ORGANIZATION involves creating a strong foundation for a sustainable revitalization effort, including cultivating partnerships, community involvement, and resources for the district.

Board of Directors
Bob Santana, President
Santana's Cottage Cafe
Tiffany Landers, Treasurer
California Accounting
Barbara Clark
Lake County Arts Council
Brandon Disney
City of Lakeport
Christina Reitz
Personal Consultant
Current Members
Barbara Flynn Enterprises-Realtor
Bi Coastal Media
Black Lavish Salon
Bruno's Shop Smart
California Accounting
Campos Casuals
Carl Porter
Cerra Hinchcliff, Realtor
Christina Reitz Independent Beauty Consultant
City of Lakeport
Criss Tree Care
Davis Tire & Auto
Davis Wealth Planning
Dew Diligence Skin Co
Disney Boat Rentals
Enhanced Billing Solutions, LLC
Ferrigno's Italian Baked Goods
First Pick Builders
Flaig Insurance Services
Flowers by Jackie Lakeport
G&G Printing
Gaslight Grill
Guerrero Brothers Auto Body
HD Video Creations
Hillside Powersports & Marine
Hospice Services Of Lake County
Hospice Services of Lake County Thrift Store
Infinity Consignment Boutique
It's Fix'd Handyman Services
Jitter Bean Coffee
Konocti Bicycles
Konocti Vista Casino
Lake County Arts Council
Lake County Chamber of Commerce
Lake County Fairgrounds
Lake County Theatre Company
Lake County Tribal Health
Lake Event Design
Lake Parts- Napa Auto Parts
Lakeport Furniture
Lakeport Tire and Auto Service
Lakeport Yacht Club
Lavender Moon
Law Offices of Judy Conard
Lincoln-Leavitt Insurance
Luxe Places
Management Connection
Marvin's Garden Tree Service
Matt Mazzei Chevrolet
Mendo Mill
Mike Borg
Museums of Lake County
Park Place
Peggy Campbell-Debolt, CPA
People Services
People Services Thrift Store
Pogo's Pizza
Precision Window Tint & Vinyl
PRICE Real Estate
Priscilla Hernandez
Rodan & Fields Independent Consultant
RSA+
Santana's Cottage
Sequoia Senior Solutions
Skylark Shores Resort
Sterling Mortgage
Sutter Lakeside Hospital
The Clearlake Club
The Ripe Choice Farm & Catering
Timothy Toye
Westamerica Bank
West Coast Video/Margo & Friends
4th Of
July Street
Fair
Dickens
Festival
Events
(Other)
Harvest
Festival Membership Operations
Pumpkin
Festival Splash-In
Taste of
Lake
County
The Taste
In
Lakeport TOTAL
Revenue
Alcoholic Beverage Sales 3,728.00 6,808.94 567.00 4,593.00 15,696.94 City of Lakeport Grant
Income 29,333.28 29,333.28
Event Ticket Sales 1,318.00 1,630.00 2,948.00
Membership Income 4,900.76 75.00 4,975.76
PayPal Sales 125.00 371.00 0.00 490.00 -260.00 726.00
QuickBooks Payments
Sales -759.10 -759.10
Sales 210.00 210.00
Services 0.00 0.00
Sponsorship 2,000.00 7,000.00 7,800.00 8,000.00 2,000.00 3,500.00 30,300.00 Unapplied Cash Payment
Income 0.00
Vendor Booth Income 2,958.00 5,209.38 125.00 1,811.10 1,636.00 312.00 12,051.48 Total Revenue $ 8,811.00 $ 13,898.38 $ 14,818.94 $ 125.00 $ 4,900.76 $ 37,408.28 $ 1,811.10 $ 2,693.00 $ 7,515.90 $ 3,500.00 $ 95,482.36 Cost of Goods Sold
Cost of Goods Sold 2,009.50 2,591.03 -210.00 41.72 180.00 1,256.55 5,868.80 Total Cost of Goods Sold $ 2,009.50 $ 0.00 $ 2,591.03 $ 0.00 -$ 210.00 $ 0.00 $ 41.72 $ 180.00 $ 1,256.55 $ 0.00 $ 5,868.80 Gross Profit $ 6,801.50 $ 13,898.38 $ 12,227.91 $ 125.00 $ 5,110.76 $ 37,408.28 $ 1,769.38 $ 2,513.00 $ 6,259.35 $ 3,500.00 $ 89,613.56 Expenditures
Administrative Expense 185.00 185.00
Advertising 25.00 300.00 4,371.08 25.00 6,191.64 348.77 223.86 25.00 11,510.35 Bank Charge 2.42 2.42
PayPal Fees 3.74 30.60 22.47 1.93 9.89 15.91 84.54
Lakeport Main Street Association
Statement of Activity by Class
July 2023 - June 2024
QuickBooks Payments
Fees 84.00 105.67 36.64 151.79 92.52 19.75 490.37
Total Bank Charge $ 87.74 $ 136.27 $ 36.64 $ 0.00 $ 174.26 $ 96.87 $ 29.64 $ 15.91 $ 0.00 $ 0.00 $ 577.33 Community Service 435.00 75.00 1,498.07 470.00 2,478.07 Rent or Lease of
Buildings 480.00 480.00
Taste Of Lakeport 1,800.00 1,800.00
Total Community Service $ 0.00 $ 0.00 $ 915.00 $ 0.00 $ 75.00 $ 1,498.07 $ 0.00 $ 0.00 $ 2,270.00 $ 0.00 $ 4,758.07 Entertainment 1,600.00 500.00 1,300.00 3,400.00
Equipment Rental 201.72 6,332.78 480.00 1,313.85 8,328.35 Expenses 350.00 2,481.71 2,831.71
Insurance 188.00 1,208.00 1,396.00
Liability 700.00 2,835.00 3,535.00
Worker's Comp 385.00 385.00
Total Insurance $ 0.00 $ 0.00 $ 700.00 $ 0.00 $ 0.00 $ 3,408.00 $ 0.00 $ 1,208.00 $ 0.00 $ 0.00 $ 5,316.00 Janitorial/ Event Clean Up 300.00 189.44 189.44 678.88
Legal & Professional
Services 1,165.00 1,165.00
License & Permits -112.00 403.00 600.00 -28.00 68.00 200.00 299.00 1,430.00 Meals & Entertainment 409.65 409.65
Membership Expense 1,675.00 1,675.00
Mixers/Retreat Expenses 85.74 85.74
Office Expenses 27.72 1,835.61 1,863.33
Payroll Tax Expense 696.37 696.37
Payroll Wage Expense 17,057.94 17,057.94
Postage 182.00 182.00
Printing 128.69 128.69
Promotional Materials 550.00 350.00 1,120.00 350.00 350.00 2,720.00 Software/Tech Expense 2,443.89 2,443.89
Supplies- General 53.50 321.49 341.96 -65.44 651.51
Telephone Expense 400.00 400.00
Travel 83.84 83.84
Unapplied Cash Bill
Payment Expense 0.00
Total Expenditures $ 805.96 $ 10,093.54 $ 8,592.40 -$ 3.00 $ 1,924.26 $ 38,352.58 $ 29.64 $ 2,812.12 $ 5,946.15 $ 25.00 $ 68,578.65 Net Operating Revenue $ 5,995.54 $ 3,804.84 $ 3,635.51 $ 128.00 $ 3,186.50 -$ 944.30 $ 1,739.74 -$ 299.12 $ 313.20 $ 3,475.00 $ 21,034.91 Other Revenue
Prior Year Adjustments -60.00 -60.00
Total Other Revenue $ 0.00 $ 0.00 $ 0.00 $ 0.00 -$ 60.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 -$ 60.00 Other Expenditures
Outside Services -120.00 -15.00 0.00 2,105.00 1,970.00
Total Other Expenditures -$ 120.00 -$ 15.00 $ 0.00 $ 0.00 $ 0.00 $ 2,105.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 1,970.00 Net Other Revenue $ 120.00 $ 15.00 $ 0.00 $ 0.00 -$ 60.00 -$ 2,105.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 -$ 2,030.00 Net Revenue $ 6,115.54 $ 3,819.84 $ 3,635.51 $ 128.00 $ 3,126.50 -$ 3,049.30 $ 1,739.74 -$ 299.12 $ 313.20 $ 3,475.00 $ 19,004.91 Monday, May 06, 2024 04:19:28 PM GMT-7
Meeting Date: 05/21/2024 Page 1 Agenda Item # VI.A.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Consideration of Updates to Lakeport Municipal Code Section

3.34, Fire Mitigation Fees and Adopt Modifications to the Lakeport Fire Protection District Fire Mitigation Fees
MEETING DATE: 05/21/2024
SUBMITTED BY: Kevin M. Ingram, City Manager
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to:
a) Conduct a public hearing for the consideration of the Lakeport Fire Protection District Fire Mitigation Fee Nexus Study of December 2023, prepared by Ridgeline Municipal Strategies; b) Consider the adoption of a proposed ordinance revising Lakeport Municipal Code Chapter 3.34, Fire Mitigation Fees; and,
c) Consider the adoption of a proposed Resolution establishing revised fire mitigation fees.

BACKGROUND/DISCUSSION:

The current mitigation fee ordinance was adopted in April 2005 (Ordinance 842), establishing a fee of $0.46 per square foot of construction for all covered roof area and $0.23 per square foot for buildings containing a fire sprinkler system. In 2007, the City of Lakeport took action to increase the fee to match the Lake County amount of $1.00 per square foot of construction for all covered roof area and $0.50 per square for buildings containing a fire sprinkler system, through the adoption of Lakeport Fire Protection District Resolution 0708-2.

Since the adoption of the previous Fire Mitigation Fee Study in 1992, there have been significant changes to both the range of services provided and the cost of said services by the Fire District. Some examples include:
• Addition of EMS services
• Fire station construction costs have increased from $64-70 per square foot to $600+ • Class A Engine / Pumper costs have increased from $200-350k to $700k • Water Tender costs have increased from $110-125k to $400-550k.

The Fire District conducted a revised Fire Mitigation Fee Nexus Study in December of 2023 recommending an increase to the existing fire mitigation fees. Table 1 from the report provides an overview of the proposed fee increase.

Meeting Date: 05/21/2024 Page 2 Agenda Item # VI.A.

TABLE 1
Lakeport Fire Protection District
Proposed Fire Mitigation Fee (2023$)
Description
Amount / Sq. Ft.

As noted in the nexus study, the fee is based on cost estimates in 2023 dollars. To account for inflationary impacts, it is recommended that the Fee be automatically adjusted annually without further action by the District Board, the City Council for incorporated areas and the Lake County Board of Supervisors for unincorporated areas at the beginning of each fiscal year (July 1), by the previous calendar year percentage change in the Engineering New-Record Construction Cost Index (20-City Average), or its successor publication.

Since the existing fee amounts are based upon the previously conducted nexus study in 1992, the proposed Fee increase is significant, as it captures over two decades of inflation and takes into consideration the expansion of the District services to include emergency medical response. In addition, the nexus study recommends an administrative surcharge of 2%. Table 2 of the nexus study compares the existing and proposed Fee amounts for different development types.

Meeting Date: 05/21/2024 Page 3 Agenda Item # VI.A.

TABLE 2
Lakeport Fire Protection District
Comparison of Existing and Proposed Fees
Development Type Existing Fee Proposed Fee Difference Percentage Difference
County Area
Residential $1.00 $2.00 $1.00 100%
Nonresidential $1.00 $2.45 $1.45 145%
City Area
Residential unsprinklered $1.00 $2.00 $1.00 100%
Residential sprinklered $0.50 $2.00 $1.50 300%
Nonresidential unsprinklered $1.00 $2.45 $1.45 145%
Nonresidential sprinklered $0.50 $2.45 $1.95 390%
In addition to the proposed fee increase, the following Fee Program Changes are also being requested:
• Eliminate different fee levels for sprinklered and unsprinklered development. • Create different Fee levels for residential and nonresidential development. • Implement surcharge for all development of 3 stories and higher and for nonresidential development with footprint of 15,500 sq. ft. or more.
• Eliminate Fee ceiling.
• Establish an automatic annual inflation and adjustment.

The complete nexus study is provided as part of this staff report as Attachment 2.

Unlike the City, the Fire District does not have the ability to independently adopt a mitigation impact fee. The Health and Safety Code governs the ability of Fire Districts to fund improvements. Specifically, this section reads:
13916. (a) A district board may charge a fee to cover the cost of any service which the district provides or the cost of enforcing any regulation for which the fee is charged. No fee shall exceed the costs reasonably borne by the district in providing the service or enforcing the regulation for which the fee is charged. A district board shall not charge a fee on new construction or development for the construction of public improvements or facilities or the acquisition of equipment. [emphasis added] The last sentence of this section specifically precludes Fire Districts from adopting fees to fund capital improvements. This is 'at odds' with section 66000 of the California Government Code governing how these types of fees should be adopted:
66000. As used in this chapter:
(a) "Development project" means any project undertaken for the purpose of development. "Development project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. (b) "Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4, or fees Meeting Date: 05/21/2024 Page 4 Agenda Item # VI.A.
collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code.
(c) "Local agency" means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state. [emphasis added]
(d) "Public facilities" includes public improvements, public services and community amenities.

In August of 1990, the Attorney General determined that regardless of how Section 66000 reads, Fire Districts could not adopt their own impact fees as the ability to charge a fee comes from the police powers of the City. As a result, in order to have a 'fee' the fee needs to be adopted by an agency with police powers, in this case the City of Lakeport.

The Lakeport Fire Protection District held a public hearing on January 9, 2024 and adopted Lakeport Fire Protect District RESOLUTION No. 23/24-07 (Attachment 5), requesting City Council adopt and implement revised Fire Mitigation Impact Fees based on the completed Lakeport Fire Protection District Fire Mitigation Fee Nexus Study of December 2023, prepared by Ridgeline Municipal Strategies (Attachment 2). The Lakeport Fire Protection District is also in the process of requesting that the Lake County Board of Supervisors adopt their fee for collection in unincorporated areas.

On April 16, 2024, the City Council introduced the ordinance proposing amendments to Lakeport Municipal Code Chapter 3.34, Fire Mitigation Fees. A public hearing was conducted to review the fire mitigation fee nexus report. At the request of the Lakeport Fire Protection District, the City Council granted a continuance of the public hearing to May 21, 2024 to allow for a minor correction of the District’s resolution seeking approval from the Lakeport City Council to revise the current fire mitigation fee schedule. This correction aims to accurately reflect the recommended high impact surcharge for buildings of three (3) stories and above, as well as for nonresidential buildings with a footprint of 15,500 sq. ft. or more. The revised resolution from the Lakeport Fire Protection District is included as Attachment 5 to this report.

A representative from Ridgeline Municipal Strategies, the consulting firm responsible for preparing the Lakeport Fire Protection District Fee Mitigation Fee Nexus Study, will provide an overview of the study and its findings to the City Council. Following the conclusion of the public hearing, the City Council is requested to consider the adoption of the proposed Ordinance revising Lakeport Municipal Code Chapter 3.34, Fire Mitigation Fees (Attachment 3). Additionally, the Council is requested to consider a proposed Resolution establishing revised fire mitigation fees (Attachment 4).

OPTIONS:
a. Conduct a public hearing for the Lakeport Fire Protection District Fire Mitigation Fee Nexus Study of December 2023, prepared by Ridgeline Municipal Strategies and consider the adoption of a proposed ordinance revising Lakeport Municipal Code Chapter 3.34, Fire Mitigation Fees, and further consider a proposed Resolution establishing revised fire mitigation fees. b. Take no action.
c. Or alternatively, the Council may provide staff alternative direction.

FISCAL IMPACT:

None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Meeting Date: 05/21/2024 Page 5 Agenda Item # VI.A.

Comments: No direct fiscal impact to the Lakeport budget. Proposed Fire Mitigation fees are paid by building permit applicants at the time of building permit issuance.

COUNCIL PRIORITIES:
☒ Priority #1: Public Safety & Crisis Response
☒ Priority #2: Disaster Resiliency
☐ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☒ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:

1. Move to adopt an Ordinance amending Chapter 3.34 of the Lakeport Municipal Code establishing the rate for fire mitigation fees.

2. Move to adopt a Resolution establishing revised fire mitigation impact fees.

Attachments: 1. Lakeport FPD Fire Mitigation Fee Nexus Study Slide Presentation

2. Lakeport Fire Protection District Fire Mitigation Fee Nexus Study, Final Report December 2023

3. Draft Ordinance, Amending Chapter 3.34 of the Lakeport Municipal Code Establishing the Rate for Fire Mitigation Fees

4. Draft Resolution, Adopting Revised Fire Mitigation Impact Fees

5. Lakeport Fire Protection District Resolution No. 23/24-11 (5/14/24)* *The District resolution was adopted at their 05/14/2024 Board meeting, the signed copy was not available at the time the agenda packet was published Lakeport FPD
Fire Mitigation Fee
Nexus Study
Public Hearing
April 16, 2024
Municipal Advisory | Pension Optimization | Revenue Generation | Quantitative Strategies City of Lakeport 04/16/2024 2 - Lakeport Fire Protection District Fire Mitigation Fee Nexus Study Public Hearing What is a Mitigation Fee?
• A mitigation fee (aka development impact fee) is:
• a one-time fee
• imposed on new development as a condition of approval • to pay for public facilities needed to serve new development • Mitigation fees are one of the ways that the California law put in place to fund public facilities
City of Lakeport 04/16/2024 3 - Lakeport Fire Protection District Fire Mitigation Fee Nexus Study Public Hearing Definitions and Use
• Public Facilities:
• fire station and other facilities
• apparatus and vehicles
• equipment
• Development is:
• All new private residential and nonresidential buildings • Excludes public buildings and ADUs smaller than 750 sq.ft. • Mitigation fees CAN be used to expand the District’s facilities to serve new development • Mitigation fees CANNOT be used for maintenance, deficiencies, or operations City of Lakeport 04/16/2024 4 - Lakeport Fire Protection District Fire Mitigation Fee Nexus Study Public Hearing Fire Mitigation Fees in the City of Lakeport
• The mitigation fee ordinance was adopted in April 2005 • Modeled after the Lake County Ordinance
• No significant updates to the fee program have been done since then (31 years) • In 2007, City of Lakeport increased the fee to match the Lake County amount • Program set fee ceiling of $1.00 psf and did not include inflation adjustment provision • What changed since the program was implemented:
• The District added EMS
• Fire station construction costs went from $64-70 psf to $600+ psf • Class A Engine / Pumper cost went from $200-350k to $700k • Water Tender cost went up from $110-125k to $400-550k City of Lakeport 04/16/2024 5 - Lakeport Fire Protection District Fire Mitigation Fee Nexus Study Public Hearing Legal Framework
• US Supreme Court decisions require “Nexus” to support mitigation fees
• Three Nexus components:
• Development must create a NEED for facilities funded by the fee • Development must receive BENEFIT from facilities funded by the fee • Fees must be PROPORTIONAL to impact created by development City of Lakeport 04/16/2024 6 - Lakeport Fire Protection District Fire Mitigation Fee Nexus Study Public Hearing Legal Framework – California Law
• The Mitigation Fee Act requires the following nexus findings:
• Identify PURPOSE of the fee
• Identify USE of the fee
• Demonstrate reasonable relationship between:
• Use of the fee and type of development on which the fee is imposed (Benefit) • Need for facility and type of development on which the fee is imposed (Need) • Amount of the fee and facility cost allocated to development paying the fee (Proportionality)
City of Lakeport 04/16/2024 7 - Lakeport Fire Protection District Fire Mitigation Fee Nexus Study Public Hearing Mitigation Fee Adoption Process
• Fees are imposed as a condition of development approval by land use authority • Special districts lack land use authority
• Cities may impose mitigation fees that benefit special districts • District Board: approved nexus study and forwarded it to the City • Lakeport City Council: adopts the fee on behalf of the District for the City area City of Lakeport 04/16/2024 8 - Lakeport Fire Protection District Fire Mitigation Fee Nexus Study Public Hearing Nexus Findings
• PURPOSE: for new development to contribute its fair share of existing and future one-time public facility costs
• USE: to fund expansion of and addition to District’s public facilities • NEED: new development within District’s service area increases the need for fire protection and emergency medical response public facilities • BENEFIT: new development within District’s service area benefits from availability of fire protection and emergency medical response public facilities • PROPORTIONALITY: Fire mitigation fee allocates to new development its proportionate share of the District’s existing and future public facilities costs City of Lakeport 04/16/2024 9 - Lakeport Fire Protection District Fire Mitigation Fee Nexus Study Public Hearing Fire Mitigation Fee Methodology
• Fee is based on future development’s share of existing and future public facility costs:
• 10.8 million sf of existing development within the District • 1.1 million sf of new development projected in the next 18 years • 11.8 million sf of total development projected by 2040 • $34.7 million of total cost / value of District’s existing and planned facilities • $480,000 in District’s mitigation fee fund
• $34.2 million is the net cost of District’s facilities to be allocated to all development • $2.89 is the net cost allocation per sf of all development City of Lakeport 04/16/2024 10 - Lakeport Fire Protection District Fire Mitigation Fee Nexus Study Public Hearing Fire Mitigation Fee Survey
• All fee programs updated in 2021-23
• All fee programs have automatic
inflation adjustment
• All fee programs have administrative
surcharge (2-4%)
Agency Name County Fee Amount
(psf)
Esparto FPD Yolo $1.48
Willow Oaks PFD Yolo $1.69
City of Yreka Siskiyou $2.03
Anderson Valley CSD Mendocino
Single Family $2.13
Multi-Family $2.54
Retail / Commercial $2.14
Office $2.87
Sonoma County FPD Sonoma
Single Family $1.75
Multi-Family $2.31
Retail / Commercial $1.95
Office $3.20
Sonoma Valley FPD Sonoma
Single Family $1.72
Multi-Family $2.91
Retail / Commercial $1.95
Office $3.23
City of Lakeport 04/16/2024 11 - Lakeport Fire Protection District Fire Mitigation Fee Nexus Study Public Hearing Proposed Fire Mitigation Fees in Lake Co
• All Districts included 2% Admin Surcharge
• All Districts included automatic annual inflation adjustment Res Nonres Surcharge
Lakeport FPD $2.00 $2.45 $0.50
Kelseyville FPD $1.50 $1.50 n/a
Lake Co FPD $1.93 $2.41 $0.50
Northshore FPD $2.02 $2.02 n/a
South Lake County FPD $2.00 $2.61 n/a
District Fee PSF
City of Lakeport 04/16/2024 12 - Lakeport Fire Protection District Fire Mitigation Fee Nexus Study Public Hearing Proposed Fire Mitigation Fee
• 2% Admin Surcharge covers Mitigation Fee Act compliance costs (nexus studies, recordkeeping, reporting, etc.)
• Fee applies to all new development
• Includes automatic annual inflation adjustment
Residential Nonresidential High Impact
Surcharge
Base Fee per Sq. Ft. $1.96 $2.40 $0.49
Administrative Surcharge 2% $0.04 $0.05 $0.01
Total Fee Amount $2.00 $2.45 $0.50
Amount / Sq.Ft.

Description
City of Lakeport 04/16/2024 13 - Lakeport Fire Protection District Fire Mitigation Fee Nexus Study Public Hearing Projected Fee Revenue
• Projected fire mitigation fee revenue: $2.3 million over 18 years • Planned facilities costs: $24.7 million
• Available mitigation fee funds: $480k
• Funding needed from other sources: $22 million
01/09/2024 14
Questions?
Dmitry Semenov
Ridgeline Municipal Strategies, LLC
(916) 250-1590
[email protected]
RidgelineMuni.com
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study
December 22, 2023
Final Report
Ridgeline Project # 23003
Prepared for:

TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................................................. 1 Fee Program Update Overview .................................................................................................. 1 Proposed and Current Fee ........................................................................................................... 2 Proposed Fee Program Changes ................................................................................................. 3 Implementation ............................................................................................................................. 4 Report Organization ..................................................................................................................... 4 I. INTRODUCTION AND BACKGROUND INFORMATION ................................................................... 5 Introduction ................................................................................................................................... 5 District Overview .......................................................................................................................... 6 The Mitigation Fee Act ................................................................................................................. 6 Nexus Study Purpose ................................................................................................................... 7 Mitigation Fee Calculation Methodology .................................................................................. 9 Current Fees ................................................................................................................................. 11 II. EXISTING AND PROJECTED DEVELOPMENT ................................................................................. 13 Service Area ................................................................................................................................. 13 Types of Development ............................................................................................................... 14 New Development Projections ................................................................................................. 15 III. DISTRICT FACILITIES INVENTORY ................................................................................................ 19 Land, Buildings, and Improvements ........................................................................................ 20 Fire Apparatus, Ambulances, and Other Vehicles ................................................................. 21 Equipment .................................................................................................................................... 23 Facility Financing Costs ............................................................................................................. 23 Facilities Summary ...................................................................................................................... 24 IV. FACILITY COST ALLOCATION AND FEE CALCULATION ............................................................. 26 Cost Allocation and Methodology............................................................................................ 26 Service Demand Variable ........................................................................................................... 26 Net Facility Costs ........................................................................................................................27 Net Facility Costs Allocation.....................................................................................................28 Fee Calculation Per Square Foot...............................................................................................28 Projected Fee Revenue................................................................................................................30 V. NEXUS FINDINGS ..........................................................................................................................32 VI. IMPLEMENTATION ........................................................................................................................34 Authority to Impose Mitigation Fees .......................................................................................34 Fee Adoption Process .................................................................................................................34 Fee Program Administration.....................................................................................................38 Capital Improvement Plan and Annual Updates...................................................................42 Annual Automatic Inflation Adjustment ................................................................................42 Fee Updates..................................................................................................................................42 Transparency Requirements......................................................................................................43 Training and Public Information ..............................................................................................43 APPENDICES:

Appendix A: Development Analysis Supporting Data
Appendix B: District Facility Supporting Data
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 1 ends

EXECUTIVE SUMMARY
This Fire Mitigation Fee Nexus Study (the “Nexus Study”) was prepared by Ridgeline Municipal Strategies, LLC (“Ridgeline”) for the Lakeport Fire Protection District (the “District”) to update the District’s Fire Mitigation Fee (the “Fee”). The Fee is collected on all new development within the District to fund the one-time costs of public facilities used to provide fire protection and emergency medical response services.

The methodology of the Nexus Study satisfies the legal requirements of the Constitution of the United States of America, the Constitution of the State of California, and the California Mitigation Fee Act (the “Act”).

The District’s service area covers the City of Lakeport, CA (the “City”) and the surrounding unincorporated portion of the County of Lake (the “County”). The current version of the District’s Fire Mitigation Fee Program (the “Fee Program”) was last updated in 1992 by the County and in 2007 by the City. The Nexus Study provides an update to the existing Fee based on new development projections through 2040 and recommends certain revisions to the Fee Program.

The Fee Program is designed to help the District provide fire protection and emergency medical response services to new development in a fiscally responsible manner. The Fee revenues can only be used to expand the District’s public facilities (buildings and structures, apparatus and vehicles, and equipment) to serve new development, including reimbursements to the District for facilities that have been upsized to accommodate new development. The Fee revenues cannot be spent on operations, maintenance or to address existing public facility deficiencies.

FEE PROGRAM UPDATE OVERVIEW
The demand for the District’s services and associated public facilities is driven by the building structures that the District protects. The District assesses the Fee on all new residential and nonresidential development within its service area, including additions to existing structures.

The Fee is calculated based on building square footage. Different Fee amounts per square foot are proposed for residential and nonresidential development. Additionally, a surcharge is proposed for all building of 3 or more stories and for nonresidential buildings with footprint of 15,500 sq. ft. or more.

Accessory dwelling units (“ADUs”) smaller than 750 sq. ft. are currently exempt from the Fee by the State law. A change in the law could result in such ADUs to no longer be exempt.

Buildings and structures owned and used by government entities, including, but not limited to, schools, city hall, administration buildings, fire and police stations, corporate yards, etc., are not subject to the Fee.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 2 ends

The existing development within the District consists of approximately 10.8 million building sq. ft. It is estimated to grow by approximately ten percent (1.1 million sq. ft.) by 2040, with the bulk of the growth (67 percent) happening on the residential side.

PROPOSED AND CURRENT FEE
Table 1 shows the proposed Fee amounts. The Fee is collected on a per square foot basis for all development types and includes a 2% administrative surcharge. A high impact surcharge is proposed for buildings of 3 stories and above and for nonresidential buildings with a footprint of 15,500 sq. ft. or more.

The Fee is based on cost estimates in 2023 dollars. To account for inflationary impacts, it is recommended that the Fee be automatically adjusted annually without further action by the District Board, the City Council, and the County Board of Supervisors on the first day of each fiscal year, starting July 1, 2024, by the previous calendar year percentage change in the Engineering News-Record Construction Cost Index (20-City Average), or its successor publication.

Since the Fee amount has not been updated since 1992 for the County area and since 2007 for the City area, the proposed Fee increase is significant, as it captures over two decades of inflation and takes into consideration the expansion of the District services to include emergency medical response. Table 2 compares the existing and proposed Fee amounts for different development types.

Residential Nonresidential High Impact
Surcharge
Base Fee per Sq. Ft. $1.96 $2.40 $0.49
Administrative Surcharge 2% $0.04 $0.05 $0.01
Total Fee Amount $2.00 $2.45 $0.50
Source: Lakeport Fire Protection District and Ridgeline Table 1
Amount / Sq.Ft.

Lakeport Fire Protection District
Proposed Fire Mitigation Fee (2023$)
Description
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 3 ends

PROPOSED FEE PROGRAM CHANGES
The following changes are proposed to the Fee Program with this update.

County Area:
• Create different Fee levels for residential and nonresidential development. • Implement surcharge for all development of 3 stories and higher and for nonresidential development with footprint of 15,500 sq. ft. or more.
• Eliminate Fee ceiling.
• Establish an automatic annual inflation adjustment.
• Make the Fee specific to the District service area of the County, with other fire protection districts setting their own fee amounts.

City Area:
• Eliminate different fee levels for sprinklered and unsprinklered development. • Create different Fee levels for residential and nonresidential development. • Implement surcharge for all development of 3 stories and higher and for nonresidential development with footprint of 15,500 sq. ft. or more.
• Eliminate Fee ceiling.

Development Type Existing
Fee
Proposed
Fee Difference Percentage Difference
County Area
Residential $1.00 $2.00 $1.00 100%
Nonresidential $1.00 $2.45 $1.45 145%
City Area
Residential unsprinklered $1.00 $2.00 $1.00 100%
Residential sprinklered $0.50 $2.00 $1.50 300%
Nonresidential unsprinklered $1.00 $2.45 $1.45 145%
Nonresidential sprinklered $0.50 $2.45 $1.95 390%
Source: Lakeport Fire Protection District and Ridgeline Table 2
Lakeport Fire Protection District
Comparison of Existing and Proposed Fee
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 4 ends

• Establish an automatic annual inflation adjustment.

IMPLEMENTATION
The District’s Board of Directors, assisted by the District staff, should review and evaluate the Nexus Study for accuracy and alignment with the District’s operational and financial framework.

Once the Board of Directors is satisfied that the legislative requirements of the Mitigation Fee Act are met and the Fee update recommendations are valid, it will need to approve the Nexus Study and forward it to the County and the City with the recommendation for adoption on behalf of the District by the County Board of Supervisors and the City Council per the requirements of the Mitigation Fee Act.

Upon receipt of the Nexus Study and receiving public input, the County Board of Supervisors and the City Council will vote to approve findings and a resolution to adopt the updated Fee Program. If approved, the Fee will be imposed pursuant to the County’s and City’s development “police powers” under Article XI, section 7, of the California Constitution.

REPORT ORGANIZATION
Chapter I of this Nexus Study provides an overview of the District, the legal framework for the Fee, the Nexus Study’s purpose, the Fee calculation methodology, and the current Fee amounts.

Chapter II contains the data on existing development and documents future development projections within the District.

Chapter III lists the existing and planned public facilities of the District.

Chapter IV contains the calculations for the public facility cost allocation across existing and future development and the proposed Fee amount.

Chapter V documents the nexus findings that address the requirements of the Mitigation Fee Act.

Chapter VI provides recommendations for adopting and implementing the Fee.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 5 ends

I. INTRODUCTION AND BACKGROUND INFORMATION

INTRODUCTION
The Lake County Fire Chief’s Association, on behalf of its member districts, retained Ridgeline Municipal Strategies, LLC to prepare fire mitigation fee nexus studies for each of the districts.

This Nexus Study pertains to the Fee collected by the Lakeport Fire Protection District (the “District”).

The City of Lakeport (the “City”) and the County of Lake (the “County”), on behalf of the District, impose the Fire Mitigation Fee (the “Fee”) on new development within the District’s service area.

The Fee funds one-time public facility costs attributable to new development to allow the District to accommodate such new development and maintain its level of service.

The existing Fee was adopted as follows:
• On October 10, 1992, the Board of Supervisors of the County adopted a Fire Mitigation Fee Ordinance that established the Fee for all unincorporated areas of the County.1 • On April 19, 2005, the City Council of the City adopted a Fire Mitigation Fee Ordinance, updating the City’s Municipal Code and establishing the Fee within the City boundary.

There have not been any substantial updates to the District’s Fire Mitigation Fee Program (the “Fee Program”) since then, with the exception of the City increasing the Fee ceiling to match the County in 2007.

This Fee Program update is intended to address the public facilities necessary to accommodate the expected growth within the District through 2040.

The Nexus Study provides the legal and policy basis for the calculation and imposition of the Fee on all new development within the District. The study evaluates the existing Fee Program, considers the development changes that have occurred within the District, analyzes the impact of recent and future development on the District facilities, and documents the need for a Fee adjustment due to the amount of new development within the District, inflation and increasing public facility costs, and a wider scope of services provided by the District.

This chapter provides an overview of the District, the legal framework for the Fee, the Nexus Study purpose, the Fee calculation methodology, and the current Fee amounts. 1 The County Fire Mitigation Fee Ordinance established a uniform fee for the entire County area, which is currently serviced by five fire protection districts (Kelseyville, Lake County, Lakeport, Northshore, and South Lake County).

With this update of the Fee Program, each district will have its own fee program and fee amount reflecting its unique development pattern and public facility needs.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 6 ends

DISTRICT OVERVIEW
The Lakeport Fire Protection District is an independent special district located in Lakeport, CA.

The District provides a full range of fire protection, fire suppression, fire safety, emergency medical response, rescue and extrication, containment and mitigation of hazardous materials exposure, and other life safety services (the “Services”) on the western shore of Clear Lake, including the City of Lakeport and the surrounding unincorporated portion of the County of Lake. The District’s service area covers approximately 42.5 square miles and has approximately 14,000 residents.

The District is governed by a five-member Board of Directors (the “Board”) and a career Fire Chief. The Board and Fire Chief are responsible for strategic planning, policy development, and approval of capital expenditures. The District employs 16 full-time equivalent employees and has 18 volunteer staff members based at three fire stations.

In 2022, the District responded to 2,444 calls, including structure and wildland fires, vehicle accidents, technical rescue, hazardous materials, and medical aid.

THE MITIGATION FEE ACT
The passage of Proposition 13 in 1978, Proposition 218 in 1996, and other State fiscal measures have limited the revenue availability for local public agencies. Local funding sources, such as property and sales taxes, are now mostly used for operations and maintenance and are often insufficient to fund public facilities and capital improvements. State and federal funding are not keeping up with the rising costs. The decline of popular support for bond measures has further restricted the local governments’ ability to develop infrastructure and facilities for the next generation of residents and businesses.

These funding limitations have led to declining service levels, accelerated physical deterioration, lower efficiency, and increasing maintenance and operating costs of public facilities. They have also resulted in an increasing need to use mitigation fees (also known as development impact fees, or simply impact fees) to fund new public facilities.

California’s mitigation fee statute originated in AB 1600, which went into effect in 1989. The bill added several sections to the Government Code (Sections 66000 through 66025), which are now officially known as the “Mitigation Fee Act” (the “Act”).

The Act sets forth requirements for establishing, increasing, and imposing mitigation fees, contains provisions concerning their collection, expenditure, and administration, and mandates periodic accounting, reporting, and re-evaluation of fee programs. The implementation and administration requirements mandated by the Act are covered in Chapter VI of the Nexus Study.

The fees (the term used throughout the Act) are defined as “a monetary exaction, other than a tax or special assessment… charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 7 ends

related to the development project…”2 The Nexus Study uses the term “mitigation fees” to mean such fees.

The Act broadly defines public facilities to include "public improvements, public services and community amenities3." The Act limits mitigation fees to an amount that “does not exceed the estimated reasonable cost of providing the service or facility for which the fee… is imposed”4 and prohibits the levy, collection, or imposition of mitigation fees for general revenue purposes. The case law and Gov’t Code § 65913.8 stipulate that mitigation fees may not be used for operating or maintenance costs. The Act does not limit the types of facilities for which mitigation fees may be imposed, but does require that the collected fees be used for their intended purposes.

The Act specifies that mitigation fees “shall not include the costs attributable to existing deficiencies in public facilities but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to refurbish existing facilities to maintain the existing level of service or achieve an adopted level of service that is consistent with the general plan.”5 As such, mitigation fees may be used to recover costs of existing facilities to the extent that such facilities are needed to serve new development and have the capacity to do so.

NEXUS STUDY PURPOSE
This Fire Mitigation Fee Nexus Study (the “Nexus Study”) was prepared to satisfy the legal requirements governing mitigation fees, including provisions of the U. S. Constitution, the California Constitution, and the California Mitigation Fee Act.

The purpose of the Nexus Study is to establish the legal and policy basis for the continued imposition and update of the Fee within the District’s service area by analyzing the impacts of new development on the need for fire protection and emergency medical response public facilities.

For purposes of this Nexus Study, the terms “public facility,” “capital facility,” and “facility” refer to:
• land, buildings, and improvements (including fire stations, administration buildings, and other building structures);
• fire apparatus, ambulances, and other vehicles; and
• equipment
used by the District to provide the Services.
2 Gov’t Code § 66000(b)
3 Gov’t Code § 66000(d)
4 Gov’t Code § 66005(a)
5 Gov’t Code § 66001(g)
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 8 ends

The terms “development project” and “new development” refer to any residential or nonresidential project undertaken for the purpose of development that requires issuance of a permit for construction or reconstruction.

To update and impose the Fee, the Nexus Study demonstrates that a reasonable relationship, or “nexus,” exists between new development that occurs within the District and the need for public facilities. It is generally accepted that the concept of nexus encompasses the following three standards.
• Need / Impact: To be subject to mitigation fees, development has to create an impact and/or generate a need for public facilities to be funded by such fees. As a recipient of public services, new development results in additional demand for some or all public facilities.

Absent a facility capacity increase to address the additional demand, the quality and/or availability of public services will deteriorate for the entire community. Mitigation fees may be used to recover public facility costs, but only to the extent that the need for such facilities is related to the development project paying the fees. The courts have held that development exactions can only be used to mitigate impacts of the projects upon which they are imposed. This Nexus Study quantifies and allocates development impacts on facility needs in terms of the total cost per square foot and contains the calculations necessary to document compliance with the need / impact standard. • Benefit: Development must also benefit from the public facilities funded by the mitigation fees that it paid. In other words, the facilities funded by the fees have to be available to serve the development paying the fees. Moreover, the mitigation fee revenues must be segregated from other funds and used in a timely manner to fund the facilities for which they were collected. There is no legal requirement that facilities paid for with mitigation fee revenues can only be available to the development projects paying the fees. Unspent fees must be refunded. These requirements are put in place to ensure that new development benefits from the mitigation fees it is required to pay. This Nexus Study contains implementation provisions necessary to guide the District in compliance with the benefit standard.
• Proportionality: Finally, mitigation fees must be proportional to the impact created by development projects paying the fees. Proportionality is ensured through proper documentation of applicable facility costs and fee calculations that allocate these costs based on the impact created by different development types. The fee calculation methodology used in this Nexus Study is designed to ensure compliance with the proportionality standard.

The Act stipulates that any mitigation fee program must meet and document five nexus findings.6 Chapter V of this Nexus Study addresses this requirement. 6 Gov’t Code § 66001
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 9 ends

MITIGATION FEE CALCULATION METHODOLOGY
There are several accepted mitigation fee calculation methodologies. The methodology selection is usually determined by the types of services provided, types of public facilities required, development patterns, and availability of data. Regardless of the selected methodology, the facility cost allocation must be done in proportion to the need created by new development.

New development’s impact can be quantified by selecting a variable that best reflects such impact and corresponds to the type of services required, such as added square footage, population, employment, vehicle trips, call volume, etc. AB 2668, which amended the Act, states that any “nexus study adopted after July 1, 2022, shall calculate a fee imposed on a housing development project proportionately to the square footage of proposed units of the development,”7 unless certain conditions are met and properly documented.
• The Plan-Based Methodology is utilized when there are clearly defined capital improvement or facility plans prepared for new development. The facilities needed to serve the new development are identified and their costs are allocated to each development category in proportion to the generated service demand. The total required facility cost is divided by the total additional demand units to calculate a cost per demand unit (e.g., a cost per square foot of new construction). This methodology is most often used to set fees for large development projects requiring its own public facilities. • The Capacity-Based Methodology is utilized when a facility’s capacity can only accommodate a known level of development. The total facility cost is proportionately allocated to each unit of development within the facility’s service area. If incremental facility costs can be allocated to an incremental development unit, this approach provides sufficient flexibility to accommodate changing development patterns.
• The Standard-Based Methodology is based on a specified service standard required for each unit of development. The standard can be established as a matter of policy or be based on the service level that is being provided to existing development. Once the standard for each development unit is established, a cost to achieve the standard can be allocated proportionately.

Under each methodology type, the agency can utilize the mechanism of buy-in fees to recover a portion of the existing facility costs, provided the facilities have capacity available to serve additional development.

The general order to calculate mitigation fees is as follows:

1. Quantify existing development units and prepare new development projections.

2. Develop capital improvements or facilities plan, identify facility service capacity, and/or establish a service standard.
7 Gov’t Code § 66016.5(5)(A)
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 10 ends

3. Determine the amount and cost of facilities required to accommodate new development.

4. Calculate mitigation fee by allocating the total facility costs per unit of development (usually on a square foot basis).

Proper methodology allocates public facility costs to new development fairly and ensures that new development is not required to fund existing service deficiencies, while existing development is not subsidizing facilities for new development.

Given the fixed service area of the District, the coverage and response times provided by the existing fire stations, and the limited anticipated development growth pattern, the capacity-based methodology will be utilized in this Nexus Study.

During the preparation of the Nexus Study, the District determined the scope of facilities needed to ensure that they can accommodate the anticipated new development. The Nexus Study uses the District’s current and planned facilities as the facilities standard. The existing facilities serve the current population and have the capacity to serve new development. However, as future growth occurs, some facility expansion will be necessary. Additionally, the main fire station and District headquarters building dates back to 1894 and will need to be completely rebuilt.

To mitigate its impact on the District’s service level, new development is required to pay mitigation fees to cover its proportionate fair share of the one-time facility costs.

The District has the flexibility to revise the list of necessary facilities shown in this report as conditions change. If the cost of facilities necessary to serve the anticipated growth materially changes, the District should update the Fee Program accordingly.

The current service standard is based on the District’s ratio of existing facilities to the square footage of existing development. Existing development refers to the current residential and nonresidential development within the District’s service area. However, the existing facilities have been upsized to accommodate additional development.

The Act requires that in establishing a mitigation fee program, the facilities funded by the fee must be identified. This Nexus Study contains a detailed list of facilities and the associated costs and replacement values.

The District’s facilities form a comprehensive fire protection and emergency medical response system benefiting the District’s entire service area. The resources of one station are not limited to the use of nearby properties, but are used to provide coverage to the entire service area as needed.

Responding to service calls often requires resources from multiple stations. Similarly, new development will be served by all of the District facilities, not just by those of the nearest station.

The terms “standard” and “level of service” will be used throughout the Nexus Study (at times interchangeably) to describe the level of public facility investment needed to serve the community.

A standard is defined as the benchmark that the District plans to achieve for any particular facility.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 11 ends

A level of service is the actual level of benefit experienced by the existing development. Level of service may be different from the standard for a given facility.

When the existing level of service is less than the standard, or the facility is over capacity relative to the standard, a deficiency exists, and new development is not expected to cover that deficiency.

If the opposite is the case and there is a capacity surplus, the District may recover a portion of its investment in that facility that is available to serve new development.

If there is no established standard for a given facility, the existing level of service becomes the de facto “current standard,” and the two terms may be interchangeable.

By policy, the District can adopt its own reasonable facility standards to reduce, maintain, or increase the existing standard. However, basing the Fee on a standard that is higher than the existing level of service is fair to new development only if the District uses alternative funds to increase the capacity of facilities benefiting the existing development.

The District’s existing three fire stations will continue to provide services to the existing and future development. As such, new development is required to contribute its fair share of the existing facility costs.

The main fire station is scheduled for a rebuild and an expansion. The District also anticipates that another fire station will need to be expanded and upgraded and four additional vehicles (a water tender, an ambulance, an SUV, and a utility truck) will need to be acquired to properly address the community needs. Additionally, the District is planning to develop a training facility to ensure proper training for its personnel. As such, new development is required to contribute its fair share of funding for these new facilities in proportion to the benefit it receives from such facilities.

CURRENT FEES
The current Fee programs and Fee amount are different within the City and County service areas of the District.

CURRENT FEE IN THE CITY AREA
The Fee within the City area was adopted in 2005 and updated in 2007 based upon the analysis performed by the District. The Fee was adopted prior to the building code amendment requiring all new construction to have fire sprinklers and has different Fee levels for sprinklered and unsprinklered properties. The Fee ceiling was set at $1.00 for unsprinklered properties and $0.50 for sprinklered properties, regardless of the development type. The Fee is currently being charged at the ceiling level. The Fee does not include an inflation adjustment provision. The Fee ordinance provides for a 2% administrative surcharge.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 12 ends

CURRENT FEE IN THE COUNTY AREA
The current Fee within the County area was adopted in 1992 based upon the analysis performed by the Lakeshore Fire Protection District, a nearby agency within the County. The Fee ceiling was set at $1.00 per sq. ft. The Fee was adopted before the District started providing the emergency medical response services. The Fee has not been updated since its adoption and does not include an inflation adjustment provision. The Fee ordinance provides for a 2% administrative surcharge.

The Fee is currently being charged at the ceiling level.

When the Fee was first adopted and/or last updated, the following assumptions were utilized:
• The fire protection services were provided by two separate agencies, Lakeport Fire Protection District and the City of Lakeport Fire Department, which subsequently merged to form the District.
• The District served a smaller population and required less facilities. • Facility costs were significantly lower than they are now. For instance, o Fire station construction costs were estimated at $64-70 per sq. ft. (compared to $600 per sq. ft. currently).
o Class A Engine / Pumper cost was estimated at $200,000 to $350,000 (compared to $700,000 currently).
o Water Tender cost was estimated at $110,000 to $125,000 (compared to $400,000 - $550,000 currently).
o Ambulance cost was estimated at $130,000 (compared to $245,000 currently).

For the most recent 4-year period (fiscal years 2020-2023), the District collected Fee revenue of $270,090.50.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 13 ends

II. EXISTING AND PROJECTED DEVELOPMENT
To develop growth projections for this Fee Program update, Ridgeline analyzed existing development and recent building permit data for the District service area. The growth projections reflect recent residential and nonresidential development trends and known proposed projects.

To ensure that new development contributes its fair share of facility funding, the growth projections and the associated public facility costs are estimated through 2040.

The existing and projected development data provided in this chapter will be used to establish levels of service, analyze facility needs, allocate facility cost between existing and future development, and calculate the updated Fee amount.

SERVICE AREA
The District boundary constitutes the service area analyzed in this Nexus Study. It encompasses the entire City of Lakeport and the adjacent unincorporated portion of the County of Lake, as shown on Figure 1.

Figure 1
Lakeport Fire Protection District
Service Area Map
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 14 ends

The District is responsible for the protection of a variety of geographical areas, ranging from residential neighborhoods, commercial and industrial buildings, rural areas, and agricultural and public lands. The District covers approximately 42.5 square miles and serves a population of approximately 14,000 residents.

In 2021-2022 calendar years, the District responded to approximately 5,000 service calls. Rescue and EMS calls constituted 68% of all calls, as shown in Table 3. On average, the District received approximately 2,480 service calls per year over the past two years.

TYPES OF DEVELOPMENT
The demand for the District’s Services and the associated public facilities is driven by the residential and nonresidential building structures within the service area. Therefore, the District assesses the Fee on all new residential and nonresidential development within its service area, including additions to existing structures.

The District currently charges a uniform fee per building square foot regardless of development type, with the exception of the lower fee for sprinklered properties within the City area. The uniform Fee structure is supported by the following observations:
• The recent revision of the Act (AB 2668) stipulates that a fee per square foot should be the default method for setting mitigation fees for housing development,8 which inherently incorporates service demand differences between various residential development types. 8 Gov’t Code § 66016.5(5)(A)
2021 2022 Total
Fire 85 72 157 3.16%
Rescue & Emergency Medical Service 1,682 1,667 3,349 67.51% Hazardous Conditions (No Fire) 65 57 122 2.46%
Service Call 178 229 407 8.20%
Good Intent Call 451 367 818 16.49%
False Alarm / False Call 49 52 101 2.04%
Special Incident / Other 7 0 7 0.14%
TOTAL 2,517 2,444 4,961 100.00%
Source: Lakeport Fire Protection District
Table 3
Lakeport Fire Protection District
Service Calls Detail - 2021-2022
Incident Type % Incidents
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 15 ends

• Nonresidential development within the District is fragmented and lacks major dominant categories. Significant growth in nonresidential development is not anticipated. • The current building code mandates all new buildings to be sprinklered.

With this Fee Program update, the District has elected to offer a reduced Fee to residential development to help keep housing costs lower and to have the residential Fee amount to be more in line with other jurisdictions in Northern California.

Additionally, the District proposes to implement a surcharge to the Fee for all buildings of 3 stories or higher and nonresidential buildings with footprint of 15,500 sq. ft. or more to help cover a portion of the additional facility costs related to this type of development.

Recent legislation (SB 13) requires that mitigation fees for accessory dwelling units (“ADUs”) must be proportional to the relationship between the square footage of the ADU and the square footage of the primary unit. With the Fee being calculated on a square foot basis for both the primary unit and the ADU, the proportionality requirement is maintained. The Fee may not be imposed on an ADU smaller than 750 sq. ft. under the current State Law.

NEW DEVELOPMENT PROJECTIONS
Development projections are an important input for the Nexus Study. The Fee is calculated by allocating the total cost of all facilities needed throughout the District by 2040 across all residential and nonresidential development expected to be in place by that time, and then using that allocation to calculate the Fee for new development.

EXISTING DEVELOPMENT SUMMARY
As shown in Table 4, the existing residential and nonresidential development within the District makes up approximately 10.8 million sq. ft.

Existing Development Calculation Methodology
To prepare the existing development summary, we analyzed the 2022 parcel data set that was provided to the District by the County (the “2022 Parcel Data”), as well as the Fee collections data for the past 5 years provided by the District.

The 2022 Parcel Data was missing building square footage data for manufactured homes, so we made the following assumptions, which were added to the data set:
• An average single-wide manufactured home was assumed to be 960 sq. ft. • An average double-wide manufactured home was assumed to be 1,600 sq. ft.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 16 ends

• For manufactured home communities, a home count was performed utilizing Google Maps imagery.

The supporting data for the manufactured home communities is summarized in Table A-1 in Appendix A.

The typical manufactured home sizes are based on the information from MHVillage9:
• single-wide homes range from 480 to 1,440 sq. ft., with a midpoint of 960 sq. ft. • double-wide homes range from 640 to 2,560 sq. ft., with a midpoint of 1,600 sq. ft.

We also updated the 2022 Parcel Data to include all development that paid mitigation fees in 2020-2023 fiscal years.

Finally, we reviewed the 2022 Parcel Data to identify all parcels with building assessed value of $50,000 or more and no building square footage data. For such parcels, we manually estimated the building size using Google Earth or other available information.

DEVELOPMENT PROJECTIONS
To prepare future development projections through 2040, we utilized the following approach:
9 https://www.mhvillage.com/resources/buyers/explore/mobile-home-sizes-guide Development Type
Parcels
with
Structures
Total Sq. Ft. Avg. Sq. Ft. /
Parcel
Residential
Residential Parcels 4,212 7,493,476 1,779
MHC Sites [1] 576 796,160 1,382
Subtotal: Residential 4,788 8,289,636 1,731
Nonresidential
Nonresidential Parcels 617 2,475,695
Subtotal: Nonresidential 617 2,475,695
TOTAL 5,405 10,765,331
Source: County of Lake, Lakeport Fire Protection District, Ridgeline [1] See Table A-1.

Table 4
Lakeport Fire Protection District
Existing Development Summary
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 17 ends

• Residential Development – New Homes: Based on the mitigation fee collections data for the past four fiscal years, an average of 13 new homes totaling approximately 21,300 sq. ft. were built within the District each year. We assume that this trend will continue unchanged through 2040.
• Residential Development – Additions: Based on the mitigation fee collections data for the past four fiscal years, an average of 3,300 sq. ft. of existing home additions took place within the District each year. We assume that this trend will continue unchanged through 2040.
• Residential Development – Multi-Family: Only one significant multi-family residential development took place within the District in the last 4 fiscal years, an apartment complex consisting of 60,884 sq. ft. We assume that an average of 15,200 sq. ft. of new multi-family residential development will be taking place on average per year within the District through 2040.
• Nonresidential Development: Based on the mitigation fee collections data for the past four fiscal years, an average of approximately 27,700 sq. ft. of nonresidential development took place within the District each year, but the average amount was heavily impact by the self-storage facility construction in 2021. We assume that going forward an average of 20,000 sq. ft. of nonresidential development will be taking place within the District each year through 2040.

The new development activity details for the past four fiscal years are provided in Tables A-2 and A-3 in Appendix A.

As shown in Table 5, new development within the District is estimated to add approximately 1.1 million building sq. ft. through 2040, based on the assumptions identified above. Most of that growth (67%) is expected to be on the residential side.

Development Type Source Units /
Yr Sq.Ft. / Yr Total Sq.Ft. Thru 2040
Residential - New Homes Table A-2 13 21,300 383,400
Residential - Additions Table A-3 3,300 59,400
Residential - Multi-Family 15,200 273,600
Nonresidential Table A-3 20,000 360,000
Total 13 59,800 1,076,400
Source: Lakeport Fire Protection District, Ridgeline
Table 5
Lakeport Fire Protection District
Future Development Projections - 2023-2040
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 18 ends

As shown in Table 6, the total development within the District is projected to reach approximately 11.8 million sq. ft. by 2040. This development estimate assumes the continuation of the recent growth rates and does not constitute the buildout calculation for the District.

Description Sq. Ft.

Residential Development
Existing Development 8,289,600
Projected Future Development 716,400
Subtotal: Residential Development 9,006,000
Nonresidential Development
Existing Development 2,475,700
Projected Future Development 360,000
Subtotal: Nonresidential Development 2,835,700
Total Development
Existing Development 10,765,300
Projected Future Development 1,076,400
Total Development 11,841,700
Source: County of Lake, Lakeport Fire Protection District, Ridgeline Existing Dev't and Growth Projections Summary (2022 - 2040) Table 6
Lakeport Fire Protection District
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 19 ends

III. DISTRICT FACILITIES INVENTORY
To provide its Services, the District relies on a system of public facilities (administrative office, fire stations, apparatus, and equipment). Anticipated new development occurring through 2040, as well as the existing development’s service demand, require rebuilding and expansion of the District’s headquarters and main station, expansion and upgrade of another station, development of a training facility, procurement of additional vehicles and equipment, and other capital facility projects so that the District can continue providing timely responses to calls for fire, medical, and other emergencies. Planned facility needs are determined by the District based on response time requirements and overall Services demand.

This chapter provides an inventory of the District’s existing and planned facilities and their replacement and estimated costs.

The terms “public facility,” “capital facility,” and “facility” in this Nexus Study refer to:
• Land, buildings, and improvements (including fire stations, administration buildings, and other building structures);
• Fire apparatus, ambulances, and other vehicles; and
• Equipment
used by the District to provide its Services.

The District provided inventories and replacement cost estimates for the existing facilities. One of the existing engines was funded through debt financing, and the associated remaining financing costs are included in the existing facility cost estimates.

The District also provided inventories and cost estimates for planned facilities needed to serve existing and future development through 2040. It is assumed that all major future fire station and training facility capital projects and all of the additional and replacement apparatus and ambulances will be financed. The estimated financing costs are included in the planned facility cost estimates.

All replacement value and cost estimates are expressed in 2023 dollars and based on the best currently available information. The District will conduct periodic facility cost and development pattern reviews and make Fee adjustments if this information materially changes or if other funding sources become available.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 20 ends

LAND, BUILDINGS, AND IMPROVEMENTS

EXISTING FIRE STATIONS AND STRUCTURES
The District presently operates three fire stations and a headquarters facility. Table 7 offers details about these structures, their construction years, site areas and building sizes, and estimated replacement costs.

The replacement cost includes the land value and building replacement cost. The land value is the greater of (a) the actual cost paid by the District or (b) the current market comparable. The current land value estimate based on market comparables is provided in Table B-1 in Appendix B. The replacement cost of the buildings is based on their insured value as determined by the District’s insurance company.

The District’s headquarters and Station 50 are currently owned by the City and will need to be rebuilt by the District. Its building insured value is excluded from the table above, but the estimated project cost is included in the planned facility cost estimate below.

Facility Name / Address Year
Built
Site Area
(acres) Bldg Sq.Ft. Land Value [1], [2]
Building Insured
Value [2]
Total Replacement
Cost
District Headquarters / Station 50
445 N. Main Street [3] 1894 0.35 7,492 $0 $0 $0
420 N. Forbes Street 0.13 0 $70,000 $0 $70,000
Lakeport, CA 95453
Station 52
3600 Hill Rd. E 1991 0.93 3,452 $90,493 $452,886 $543,379 Lakeport, CA 95453
Station 51
1948 Big Valley Rd 1973 0.12 2,280 $30,383 $173,815 $204,198 Finley, CA 95435
Future Station Site
901 Larrecou Ln 4.49 0 $635,000 $0 $635,000
Lakeport, CA 95453
TOTAL 6.02 13,224 $825,876 $626,701 $1,452,577
Source: Lakeport Fire Protection District and Ridgeline [2] Actual land cost and building insured value is provided by the District. [3] The 445 N. Main St. property is currently owned by the City of Lakeport.

Table 7
Lakeport Fire Protection District
Existing Fire Stations & Structures (2023 $)
[1] Land value is the greater of (a) actual cost or (b) current market comparables. Current market value of land is estimated at $150,000 per acre.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 21 ends

PLANNED FIRE STATIONS AND STRUCTURES
To continue providing proper level of Services to its existing and future development, the District plans to rebuild its headquarters and Station 50, upgrade and expand Station 52, and add a training facility, as shown in Table 8.

The District has not acquired the site for the training facility at this time. The site cost is estimated based on the current market comparables, as shown in Table B-1 in Appendix B. The construction cost is estimated by the District based on interviews with other fire districts that are in the process of building new fire stations. The timing of the capital improvement projects will depend on funding availability.

FIRE APPARATUS, AMBULANCES, AND OTHER VEHICLES

EXISTING FLEET
Table 9 details the District’s current fleet of firefighting apparatus, ambulances, and other vehicles. The replacement cost estimate was provided by the District and is based on the current market prices of comparable vehicles. These vehicles constitute an essential capital investment needed to provide the Services and have at least a five-year service life. me / Address
Site
Area
(acres)
Bldg
Sq.Ft.

Site Cost
[1]
Construction
Cost [2]
Total
Estimated
Cost
District Headquarters / Station 50 Rebuild
445 N. Main Street 0.00 16,500 $0 $9,900,000 $9,900,000 Lakeport, CA 95453
Station 52 Expansion and Upgrade
3600 Hill Rd. E 0.00 2,455 $0 $1,823,000 $1,823,000
Lakeport, CA 95453
Training Facility
TBD 1.00 TBD $150,000 $2,750,000 $2,900,000
TOTAL 1.00 18,955 $150,000 $14,473,000 $14,623,000
Source: Lakeport Fire Protection District and Ridgeline [1] Land cost estimate is based on current market comparables of $150,000 per acre. [2] Total cost estimate provided by the District at $600 per sq. ft. for building structures.

Station 52 includes $350k for existing structure upgrades.

Planned Fire Stations and Structures (2023 $)
Table 8
Lakeport Fire Protection District
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 22 ends

PLANNED FLEET EXPANSION
To maintain adequate service levels and response times, the District plans to expand its fleet by adding a water tender, an ambulance, and SUV, and a utility truck. Table 10 details these planned additions, along with the cost estimates based on current market prices of comparable vehicles.

Description Model
Year Qty Replacement Cost
Seagrave Ladder Truck 1999 1 $1,400,000
Pierce Enforcer Fire Engine 2021 1 $1,000,000
Spartan Fire Pumper 2001 1 $1,000,000
Pierce Dash Fire Engine 2003 1 $1,000,000
International/Spartan Brush Truck 2011 1 $750,000
International Brush Truck 1998 1 $750,000
Kenworth Water Tender 1984 1 $650,000
Braun/Northstar Ambulance 2015 1 $245,000
Braun/Northstar Ambulance 2014 1 $245,000
F-250 Truck 2015 1 $85,000
Dodge Ram 1500 2008 1 $55,000
Jet Ski 2 $50,000
Jet Ski Trailer 1 $3,500
TOTAL 14 $7,233,500
Source: Lakeport Fire Protection District
Table 9
Lakeport Fire Protection District
Existing Fire Apparatus and Vehicles Inventory (2023 $) Description Qty Cost per Unit
Water Tender 1 $650,000
Ambulance 1 $245,000
SUV 1 $85,000
Utility Truck 1 $45,000
TOTAL $1,025,000
Source: Lakeport Fire Protection District
Planned Fire Apparatus and Vehicles (2023 $)
Table 10
Lakeport Fire Protection District
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 23 ends

EQUIPMENT

EXISTING EQUIPMENT INVENTORY
Fire protection and emergency medical response is an equipment-intensive service. The District’s facilities, vehicles, and personnel are equipped with and utilize various types of machinery, tools, gear, and technology valued at approximately $1.2 million, as documented in Table B-2 in Appendix B. The replacement cost estimate was provided by the District and is based on the recent prices paid and current market prices of comparable equipment. This equipment constitutes an essential capital investment needed to provide the Services and all items listed have at least a five-year service life.

PLANNED ADDITIONAL EQUIPMENT
With the Station 50 rebuild and Station 52 expansion, the District needs to expand its equipment inventory to maintain service levels. The total cost of the additional equipment is estimated at approximately $260,000, as shown in Table B-3 in Appendix B. The cost estimate is based on recent prices paid, current market prices for comparable equipment, and third party estimates.

FACILITY FINANCING COSTS
Financing plays a vital role in ensuring generational equity and facility costs allocation to the service population benefiting most from the facility rather than requiring existing development to pay for facilities for future residents.

The District currently has one loan outstanding. The loan financed a pumper engine and is scheduled to be repaid in 2030. The financing costs associated with this loan are the remaining interest payments and are shown in Table 11.

The District expects to finance the headquarters and Station 50 rebuild, Station 52 expansion, and the training center construction projects with bonds or bank loans. The additional water tender and ambulance will also be financed.

The District plans to finance the existing fleet replacement costs for the vehicles costing $245,000 or more. All vehicle financing is expected to be done through municipal equipment leases, which Description Amount
Pumper Lease $54,700
Total Existing Financing Costs $54,700
Source: Lakeport Fire Protection District
Table 11
Lakeport Fire Protection District
Existing Financing Costs (rounded)
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 24 ends

work like loans (the District pays off the entire financed amount over the term of the lease and keeps the vehicle once the lease is fully paid off).

All equipment is expected to be paid for with cash.

The financing costs include the costs of issuance and interest on the bonds, loans, and leases.

Table 12 shows the expected future financing costs.

FACILITIES SUMMARY
Table 13 summarizes the replacement values for the existing facilities and the estimated costs for the planned facilities. The total cost estimate of $34.7 million includes approximately $10 million for existing facilities and $24.7 million for planned facilities and financing costs.

Description Financed
Amount
Financing
Term
(yrs)
Interest
Rate
Total
Payments Interest Cost Cost of Issuance
Total
Financing
Cost
Station 50 Rebuild $9,900,000 20 4.00% $14,569,187 $4,669,187 $150,000 $4,819,187 Station 52 Expansion $1,823,000 20 4.00% $2,682,791 $859,791 $90,000 $949,791 Training Facility $2,900,000 20 4.00% $4,267,742 $1,367,742 $120,000 $1,487,742 Water Tender $650,000 10 4.35% $815,415 $165,415 $6,000 $171,415 Ambulance $245,000 7 4.35% $289,442 $44,442 $3,000 $47,442 Apparatus Replacement [1] $7,040,000 7 4.35% $8,317,041 $1,277,041 $70,400 $1,347,441 Total (Rounded) $22,558,000 $30,942,000 $8,384,000 $439,000 $8,823,000 Source: Lakeport Fire Protection District and Ridgeline [1] Assumes that all replacement appraratus costing $245,000 and over is financed with average term of 7 years.

Table 12
Lakeport Fire Protection District
Planned Facilities Financing Costs (2023 $)
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 25 ends

These facilities benefit both the existing and future development within the District. The cost allocation among the existing and future development is calculated in the next chapter of the Nexus Study.

Description Source Amount
Existing Facilities
Fire Stations and Structures Table 7 $1,452,577
Apparatus & Vehicles Table 9 $7,233,500
Equipment Table B-2 $1,238,505
Financing Costs Table 11 $54,700
Subtotal: Existing Facilities (Rounded) $9,979,000
Planned Facilities
Fire Stations and Structures Table 8 $14,623,000
Apparatus & Vehicles Table 10 $1,025,000
Equipment Table B-3 $257,600
Financing Costs Table 12 $8,823,000
Subtotal: Planned Facilities (Rounded) $24,729,000
Total Facilities $34,708,000
Source: Lakeport Fire Protection District and Ridgeline Table 13
Lakeport Fire Protection District
Facilities Summary (2023 $)
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 26 ends

IV. FACILITY COST ALLOCATION AND FEE CALCULATION
This chapter of the Nexus Study documents the District’s existing and planned facility cost allocation to the existing and future development and calculation of the proposed Fee amount.

The existing development has paid and will continue to pay its fair share of the costs through the prior Fee payments, property taxes, General Fund balances, and other one-time and on-going revenue sources. The future development is required to pay its fair share of the facility costs through the Fee.

The Fee is comprised of the new development’s share of the facility costs and an administration surcharge, as discussed below.

COST ALLOCATION AND METHODOLOGY
The Act requires that mitigation fee calculations ensure a reasonable relationship between the amount of the fee and the cost of public facilities attributable to the development on which the fee is imposed. In this chapter, the cost of the District’s system-wide facilities is allocated to the existing and future development in proportion to their demand for Services.

The facility cost allocation and the updated Fee amount calculation use the capacity-based methodology, as discussed in Chapter I. Capacity-based fees allocate system-wide facility costs to all existing and future development.

For the District, the costs for all existing and planned facilities are allocated to all existing and future development to ensure that the Fee charged to future development covers its proportionate fair share of the total facility costs.

SERVICE DEMAND VARIABLE
To calculate mitigation fees, the relationship between facility needs and development must be quantified through cost allocation formulas. This Nexus Study uses building square footage as the service demand variable representing development’s impact on public facilities.

Service demand variables are selected because they either directly measure service demand or are reasonably correlated with that demand. The recent Act update (AB 2668) requires that all nexus studies adopted after July 1, 2022 calculate mitigation fees for housing development based on building square footage, unless a finding is made that such methodology is not appropriate10.

The District believes that the methodology recommended by the State is suitable for the Fee calculation. Moreover, the square footage has been the demand variable for the Fee calculation since its original implementation.
10 Gov’t Code § 66016.5(5)(A) and (B)
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 27 ends

The majority of existing development within the District is residential. Nonresidential development, for the most part, supports the existing residential development. The District responds to residential and nonresidential development calls from the same facilities. The District has determined that it is in the best interest of the community at this time to offer a reduced Fee amount for residential development, as will be discussed below.

Development of 3-story and higher buildings and nonresidential buildings with large footprint required that the District add an aerial ladder engine to its fleet. The District proposes a special surcharge on this type of development going forward to help cover a portion of this cost.

As discussed in Chapter II, the District currently services approximately 10.7 million sq. ft. of residential and nonresidential development. The District projects that an additional 1.1 million building sq. ft. will be developed within the District by 2040. The total amount of development serviced by the District is expected to reach 11.8 million sq. ft. by 2040.

NET FACILITY COSTS
As discussed in Chapter III, the public facilities needed to serve the existing and projected development are valued at approximately $34.7 million (in 2023 dollars).

As of April 30, 2023, the District had approximately $480,000 in unspent Fee proceeds, which are available to help fund the planned facilities identified in this Nexus Study. Table 14 calculates the net public facility costs that need to be allocated across the existing and future development.

Description Amount
Facilities
Existing Facilities $9,979,000
Planned Facilities $24,729,000
Total Facility Costs $34,708,000
Available Funding Sources
Mitigation Fee Account Balance $480,000
Total Available Revenue $480,000
Net Facility Costs $34,228,000
Source: Lakeport Fire Protection District and Ridgeline Table 14
Lakeport Fire Protection District
Net Facility Costs (2023 $)
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 28 ends

NET FACILITY COSTS ALLOCATION
The next step in calculating the Fee amount is to allocate the Net Facility Costs to the existing and future development. Table 15 shows the allocation of the Net Facility Costs per sq. ft. of all existing and projected development through 2040.

FEE CALCULATION PER SQUARE FOOT
The final step in calculating the Fee amount is to add the administrative surcharge, which is commonly set at 2%. This surcharge covers the Fee Program implementation and management costs, including nexus studies and on-going monitoring and reporting.

Table 16 shows the Fee calculation per sq. ft. of new development within the District.

The calculated Fee amount exceeds what surrounding jurisdictions are charging to residential and nonresidential development. To help support local community and keep development costs lower, the District has elected to offer a reduced Fee for both residential and nonresidential development, initially setting it at $2.00 per sq. ft. for residential development and $2.45 per sq. ft. for nonresidential development, subject to the annual inflation adjustment, as discussed in Description Amount
Net Facility Costs $34,228,000
Total Development (sq.ft.) 11,842,000
Cost per Sq.Ft. $2.89
Source: Lakeport Fire Protection District, County
of Lake, and Ridgeline
Table 15
Lakeport Fire Protection District
Facility Cost Allocation Factor (2023 $)
Description Amount /
Sq.Ft.

Base Fee per Sq. Ft. $2.89
Administrative Surcharge 2% $0.06
Total Fee per Sq. Ft. $2.95
Source: Lakeport Fire Protection District and Ridgeline Fire Mitigation Fee Calculation (2023$)
Table 16
Lakeport Fire Protection District
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 29 ends

Chapter VI. The District will need to identify funding sources to cover the forgone Fee revenues associated with the reduced Fee amounts.

The lower Fee amount for residential development reflects the following:
• The District desires to help keep housing costs more affordable. • Nonresidential development within the District’s service area demonstrates significantly higher demand for the District services. The analysis of the service call data shows that during 2021 and 2022 calendar years the District received 0.24 calls per 1,000 sq. ft. of residential development and 0.69 calls per 1,000 sq. ft. of nonresidential development.

Additionally, development of 3-story and higher buildings and nonresidential buildings with footprint of 15,500 sq. ft. or more required that the District add an aerial ladder engine to its fleet.

The cost of such engine was $400,000 more than the cost of a Type I engine. The District proposes a special surcharge on this type of development going forward to help cover a portion of this cost.

Assuming construction of one 3-story multi-family project totaling approximately 80,000 sq. ft. and allocating 10 percent of future nonresidential development for 3-story buildings and 10 percent of nonresidential development for big box retail, approximately 152,000 sq. ft. of future development within the District will require availability of the aerial ladder engine. The full allocation of the $400,000 additional cost to this development will result in $2.63 per sq. ft. Since the District already has some such development within its service area and given the availability of the engine to respond to other calls, the District proposes to set the surcharge amount initially at $0.50 per sq. ft. (including the administrative surcharge), subject to the annual inflation adjustment, as discussed in Chapter VI.

The proposed Fee amounts for each development type are shown in Table 17.

Description
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 30 ends

PROJECTED FEE REVENUE
The total Fee revenue through 2040 can be estimated by multiplying the Fee calculated in Table 17 by the projected square footage of new development from Table 6. As shown in Table 18, it is estimated at approximately $2.3 million, net of the administrative surcharge (in 2023 dollars).

The projected Fee revenue is substantially less than the planned facility costs. The current unspent Fee proceeds and projected Fee revenue will fund approximately 11 percent, or $2.8 million, of the $24.7 million planned facility costs. The District will need to fund the difference from other sources, including, but not limited to, general obligation bonds, grants, the District’s general fund, existing or new special taxes and assessments, other debt proceeds, etc.

The Fee revenue may be used only for public facilities that expand the District’s system capacity to serve future development and to reimburse the cost of existing facilities’ upsizing for such future development. This approach maintains a reasonable relationship between the new development and the use of the Fee proceeds.

The District may revise the planned facilities scope and substitute other facilities as long as they help expand the District’s system. The Fee revenue may be used to purchase land, construct Description Amount %
Proposed Base Fire Mitigation Fee per Sq.Ft. (a)
Residential Development $1.96
High Impact Residential Development $2.45
Nonresidential Development $2.40
High Impact Nonresidential Development $2.89
Projected Future Development (thru 2040) (b)
Residential Development 636,400
High Impact Residential Development 80,000
Nonresidential Development 288,000
High Impact Nonresidential Development 72,000
Projected Base Fire Mitigation Fee Revenue (rounded) (c) = (a) x (b) $2,343,000 Total Planned Facility and Financing Costs (d) $24,729,000 100.0% Less:

Projected Base Fire Mitigation Fee Revenue (e) ($2,343,000) 9.5% Mitigation Fee Account Balance (f) ($480,000) 1.9%
Funding Required from Other Sources (g) = (d) - (e) - (f) $21,906,000 88.6% Source: Ridgeline
Table 18
Lakeport Fire Protection District
Projected Fire Mitigation Fee Revenue Through 2040 (2023 $) Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 31 ends

buildings, expand existing structures, purchase vehicles and equipment with a minimum of a five-year life span, and enhance utility of existing system, as allowed by the Act.

The Fee revenue shall not be used to fund existing deficiencies such as station renovation that do not expand the District’s system capacity.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 32 ends

V. NEXUS FINDINGS
The Mitigation Fee Act requires an agency establishing, increasing, or imposing mitigation fees to make findings to:11

1. Identify the purpose of the fee.

2. Identify the use to which the fee is to be put.

3. Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

4. Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

5. Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

These findings demonstrate that the fee adheres to the “reasonable relationship,” or “nexus,” standard, as well as the principle of “rough proportionality,” as articulated in court decisions concerning mitigation fees and other exactions.

This Nexus Study has been prepared to update the Fee in accordance with the procedural guidelines established in the Act and makes the following findings pertaining to the Fee calculated herein.

Purpose of the Fee: The purpose of the Fire Mitigation Fee (the “Fee”) calculated in this Nexus Study is to ensure that new development within the Lakeport Fire Protection District’s service area contributes its proportionate share of the existing and future one-time public facility costs incurred by the District to provide the Services required by such development. In imposing the Fee on behalf of the District, the City and the County ensure that existing property owners are not subsidizing new development and that the existing service level is maintained even as the service population is increasing.

Use of the Fee: The Fee will be used to fund expansion and/or addition of public facilities (land, buildings, other structures, apparatus and vehicles, and equipment) to mitigate the impact of new development on the need for such facilities within the District, as well as to fund the administration of the Fee Program (Fee collection, accounting, reporting, nexus studies, and other expenses related to compliance with the Act requirements). The Fee revenue will not be used to fund operations, maintenance, or existing facility deficiencies that do not expand the District’s system capacity.

Reasonable Relationship between the Use of the Fee and the Type of Development: The Fee will be used to fund expansion of and/or additions to the District’s public facilities to address the additional demand for fire protection and medical emergency services associated with new 11 Gov’t Code § 66001(a) and (b)
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 33 ends

development within the District. Since the Fee will be used to provide public facilities needed to serve the new residents and employees generated by the new development, a reasonable relationship exists between the use of the Fee and the residential and nonresidential development on which the Fee is imposed.

Reasonable Relationship between the Need for Public Facilities and the Type of Development:

New residential and nonresidential development generates new residents and employees and results in additional demand for fire protection and medical emergency services provided by the District. Additional public facilities are needed to ensure that the increased demand is addressed without reducing the level of services for the existing development. Thus, a reasonable relationship exists between the need for the public facilities and the type of new development on which the Fee is imposed.

Reasonable Relationship between the Amount of the Fee and the Facility Cost Attributable to New Development: The amount of the Fee charged to new development is based on the fair share of the District’s public facility costs attributed to such new development on a per square foot basis. The total public facility costs are allocated between the existing and new development in a manner proportional to their demand for facilities. The Fee charged to a development project reflects the impact of that project on the overall need for public facilities needed to provide fire protection and medical emergency services to the project. Thus, a reasonable relationship exists between the amount of the Fee and the costs of the facilities attributable to the new development.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 34 ends

VI. IMPLEMENTATION
This chapter contains recommendations for the adoption, administration, interpretation, and application of the Fee. It provides an overview of the Mitigation Fee Act provisions and common current practices, but is not intended as legal advice.

AUTHORITY TO IMPOSE MITIGATION FEES
Mitigation fees can be imposed by cities and counties as a condition of approval for development projects based on land use authority. Special districts, including fire protection districts, lack such authority and cannot impose mitigation fees.

Moreover, fire districts are specifically prohibited from imposing mitigation fees. California Health and Safety Code § 13916, part of the Fire Protection District Law of 1987, states: “A [fire protection] district board shall not charge a fee on new construction or development for the construction of public improvements or facilities or the acquisition of equipment.” While the District may not directly impose mitigation fees, it is a common practice for cities and counties to do so for the benefit of special districts providing public services within their jurisdiction. Cities and counties rely on their police powers authority granted by the California Constitution to levy such fees. As such, the Fee must be adopted by the County Board of Supervisors and the City Council on behalf of the District.

FEE ADOPTION PROCESS
To Fee Program update and adoption process should be as follows:
• First, the Board of Directors of the District needs to approve the Nexus Study and the proposed Fee Program.
• Then, the City Council and the County Board of Supervisors need to adopt the Nexus Study and the Fee Program on behalf of the District.

Mitigation fee adoption process is governed by the Act. The general steps for the Fee approval and adoption by the District, City, and County are outlined below. These need to be reviewed and executed in consultation with the legal counsel of the District, City, and County.

FEE APPROVAL BY THE DISTRICT
a. The Board of Directors of the District should hold at least one open and public meeting, at which oral or written presentation on the proposed Fee Program is made. Such meeting must be a part of a regularly scheduled meeting.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 35 ends

b. At least 30 days before the meeting, the District shall post a notice of public hearing on its website and where notices are physically posted.
c. At least 14 days before the meeting, the District should mail a notice of the meeting to any interested party who has filed a written request for notice of the adoption of new or increased fees.
d. At least ten days before the meeting, the District should make the Nexus Study and all related documents available to the public for review.
e. At least ten days before the meeting, the District should publish a notice of the time and place of the meeting twice in a newspaper of general circulation with at least five days between the dates of the first and last publication, not counting such publication dates. f. After the public hearing, the District’s Board of Directors shall adopt a resolution approving the Nexus Study and the Fee Program with a recommendation that the City Council and the County Board of Supervisors adopt the Fee Program on behalf of the District pursuant to the City’s and the County’s “police powers” under Article XI, Section 7 of the California Constitution.

FEE ADOPTION BY THE CITY OF LAKEPORT AND THE COUNTY OF LAKE a. The City Council and the County Board of Supervisors shall hold at least one open and public meeting, at which oral or written presentation on the proposed Fee Program is made. Such meeting must be a part of a regularly scheduled meeting. b. At least 30 days before the meeting, the City and the County shall post a notice of public hearing on their websites and where notices are physically posted. c. At least 14 days before the meeting, the City and the County shall mail a notice of the meeting to any interested party who has filed a written request for notice of the adoption of new or increased fees.
d. At least ten days before the meeting, the City and the County shall make the Nexus Study and all related documents available to the public for review. e. At least ten days before the meeting, the City and the County shall publish a notice of the time and place of the meeting twice in a newspaper of general circulation with at least five days between the dates of the first and last publication, not counting such publication dates.
f. After the public hearing, the City Council and the County Board of Supervisors shall adopt a resolution adopting the Nexus Study and the Fee Program (including the automatic annual adjustment of the Fee for inflation) on behalf of the District, as applicable, pursuant to the City’s and the County’s “police powers” under Article XI, Section 7 of the California Constitution.
g. The Fee Program becomes effective at least 60 days after the adoption of the resolution, unless an urgency ordinance, valid for 30 days, is adopted (see discussion below).

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 36 ends

NEXUS FINDINGS LANGUAGE
As discussed in Chapter V, the Act requires specific nexus findings to be made as part of the mitigation fee adoption process. Sample findings language that could be used forthe Fee is shown below. This language should be reviewed and approved by the legal counsel of the agencies adopting the Fee.

Sample Finding Language: Purpose of the Fee. The Board of Directors / Board of Supervisors / City Council finds that the purpose of the mitigation fees hereby enacted is to protect the public health, safety, and welfare of the community by requiring new development to contribute to the cost of fire protection and emergency medical response facilities necessary to mitigate the impacts created by that development.

Sample Finding Language: Use of the Fee. The Board of Directors / Board of Supervisors / City Council finds that revenue from the mitigation fees hereby enacted will be used to provide public facilities needed to mitigate the impacts of new development. These facilities are identified in the Lakeport Fire Protection District Fire Mitigation Fee Nexus Study prepared by Ridgeline Municipal Strategies, LLC12.

Sample Finding Language: Reasonable Relationship. Based on analysis presented in the Lakeport Fire Protection District Fire Mitigation Fee Nexus Study prepared by Ridgeline Municipal Strategies, LLC, the Board of Directors / Board of Supervisors / City Council finds that there is a reasonable relationship between:
a. The use of the mitigation fee and the types of development projects on which the fee is imposed;
b. The need for public facilities and the types of development projects on which the fee is imposed; and,
c. The amount of the fee and the cost of the public facilities attributable to the development on which the fee is imposed.

FEE EFFECTIVE DATE
Once the Fee is adopted, there is a mandatory 60-day waiting period before it takes effect, unless an urgency ordinance, valid for 30 days, is adopted making certain findings regarding the claimed urgency. The ordinance must be readopted at the end of the first period (and possibly at the end of the second period, depending on the City Council and the County Board of Supervisors meeting dates) to cover the next 30 days and, as such, the entire 60-day waiting period. Fees adopted or increased by urgency go into effect immediately. 12 Gov’t Code Section 66001(a)(2) stipulates that the use of the fee may be specified in a capital improvement plan, the general or specific plan, or other public documents that identify the public facilities for which the fee is charged. The Nexus Study is an example of such public document.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 37 ends

FEE APPLICABILITY
Once the Fee takes effect, it will be collected by the District on all new residential and nonresidential development, including additions to existing development, which requires the issuance of building permit within the District boundary.

Large or specialized development may necessitate special considerations and could be evaluated on a project-by-project basis. In-lieu mitigation agreements may be required to accurately determine mitigation fees for development projects with unique characteristics.

Accessory dwelling units (“ADUs”) are included in the Fee Program and subject to the Fee if their square footage is 750 sq. ft. or greater. The Fees for ADUs shall be charged proportionately in relation to the square footage of the primary dwelling unit. A change in the State law could result in ADUs under 750 sq .ft. to no longer be exempt from the Fee.

SB 330 (The Housing Crisis Act of 2019) prohibits imposition of new requirements on a housing project once a preliminary application has been submitted. The rule applies to mitigation fee increases, except when the fee resolution or ordinance authorizes automatic inflationary fee adjustments.

The Act stipulates that a local agency shall not require the payment of mitigation fees by residential development prior to the date of the final inspection or of the issuance of a certificate of occupancy, whichever occurs first. However, "utility service fees" (term not defined in the Act) may be collected upon application for utility service. In a residential development project of more than one dwelling, the Act allows the agency to determine whether to collect the fees either for individual units or for project phases upon final inspection or certificate of occupancy, whichever occurs first, or for the entire project upon final inspection or certificate of occupancy, whichever occurs first, for the first dwelling unit.13
The Act provides two exceptions when the local agency may require fee payment from residential development at an earlier time14:

1. When the local agency determines that the fees “will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy,” or

2. When the fees are “to reimburse the local agency for expenditures previously made.” 15 The Act does not specify any restrictions on the time at which mitigation fees may be collected on nonresidential development.
13 Gov’t Code § 66007(a)
14 Gov’t Code § 66007(b)(1)
15 This exception does not apply to units reserved for occupancy by lower income households included in residential development proposed by a nonprofit housing developer in which at least 49% of the total units are reserved for occupancy by lower income households at an affordable rent. See Gov’t Code § 66007(b)(2)(A).

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 38 ends

If the fees are not fully paid prior to the building permit issuance for residential development, the local agency may require the property owner to execute a contract to pay them within the time specified above and record that contract as a lien against the property until the fees are paid.16

FEE PROGRAM ADMINISTRATION
The Act establishes procedures for mitigation fee program administration, including collection, handling, accounting, reporting, and refunds.

FEE COLLECTION AND HANDLING
There likely to be a delay in spending collected Fee revenue on facilities until a sufficient fund balance is accumulated. The District is required to deposit, invest, account for, and expend the Fee in a prescribed manner.

The Fee revenue must be deposited into a separate capital facilities account or fund to prevent commingling with other District revenues. Interest earned on the capital facilities account or fund balance must be credited to the Fee Program.17 Common practice is to maintain separate funds or accounts for mitigation fee revenues by facility category (e.g., fire protection), but not necessarily for individual projects.

The Fee revenue may only be used for the purpose for which it was collected, i.e., for capital facilities that expand the District’s ability to deliver its Services to accommodate new development. This conforms with the reasonable relationship between new development and use of fee revenue standard. The District may revise the planned facilities scope and substitute other facilities as long as they help expand the District’s system.

REPORTING REQUIREMENTS
The Act mandates annual and five-year reporting for mitigation fee programs, as described below. As the Fee must be adopted by the City and the County on behalf of the District, the three agencies should determine who is responsible for such reporting and develop procedures to ensure compliance with the Act reporting requirements.

Annual Report
The Act requires that an “Annual Report” be made available to the public within 180 days of each fiscal year end. The report must contain the following information:
• a brief description of the type of the Fee in the fund; • the amount of the Fee;
16 Gov’t Code § 66007(c)
17 Gov’t Code § 66006(a)
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 39 ends

• the beginning and ending balance of the fund;
• the Fee amount collected and the interest earned;
• an identification of each public improvement on which the Fee was expended and the amount of the expenditures for each improvement, including the total percentage of the cost that was funded by the Fee;
• if the District determines that sufficient funds have been collected to complete an incomplete public improvement, an identification of an approximate date by which construction of the facility will commence;
• a description of each inter-fund transfer or loan made from the fund, including the public improvement on which the transferred or loaned Fee will be expended, the date on which any loan will be repaid, and the rate of interest that the fund will receive on the loan; and • the amount of money refunded under Gov’t. Code § 66001.

AB 516 recently added the following requirements to the content of the Annual Report:
• an identification of each public improvement identified in a previous Annual Report as having sufficient fund to complete such improvement and whether construction began on the approximate date noted in the previous report;
• if the construction for the above identified improvement did not commence by the approximate date provided in the previous report, the reason for the delay and a revised approximate date that the agency will commence construction; • the number of persons or entities identified to receive refunds.

The District must review the Annual Report at the next regularly scheduled public meeting, but not less than 15 days after it was made available to the public. Notice of the time and place of the meeting, including the address where the Annual Report may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any party who files a written request for mailed notice of the meeting. Written requests for mailed notices are valid for one year from the date filed unless renewed by April 1 of each year. A reasonable annual charge for sending notices based on the estimated cost of providing the service may be established.

Five-Year Findings Report
In the fifth fiscal year following the first receipt of any Fee proceeds, and every five years thereafter, the District, City, and County must comply with the Gov’t Code § 66001(d)(1) by demonstrating that the District still needs unexpended Fee revenues to achieve the purpose for which it was originally imposed and that the District has a plan on how to use the unspent balance to achieve that purpose. The following findings, entitled “Five-Year Findings Report,” shall be made with respect to that portion of the fund remaining unexpended, whether committed or uncommitted:
• Identify the purpose to which the Fee is to be put;
• Demonstrate a reasonable relationship between the Fee and the purpose for which it is charged;
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 40 ends

• Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements; and
• Designate the approximate dates on which the funding is expected to be deposited into the appropriate fund.

These findings are to be made in conjunction with the Annual Report discussed above.

The District must refund the unspent or uncommitted Fee revenue portion for which a need could not be demonstrated, unless the administrative costs exceed the amount of the refund.

Fee Refunds for Incomplete Projects
If all necessary funds have been collected to construct a public improvement, but the improvement remains incomplete, the District, within 180 days of determining that sufficient funds have been collected, shall identify an approximate date by which construction will commence. If such identification is not made, the District shall refund to the then current record owner of the development project on a prorated basis the unexpended portion of the Fee and any accrued interest, provided that if the administrative costs of such refund exceed the amount to be refunded.18

FEE EXEMPTIONS, REDUCTIONS, AND WAIVERS
Several types of development are specifically exempt from the Fee Program:
• All public agencies, including federal and state agencies, public school districts, the County, and the City, unless other arrangements or agreements are negotiated with the District.
• Replacement or reconstruction on the same parcel by the owner of a dwelling or dwellings damaged or destroyed by fire or other calamity or demolished for replacement provided that:
o The application for building permit to replace such dwelling is filed with the City or County within one (1) year after the destruction or demolition of the dwelling, or within three (3) years of the date a local emergency is declared if the destruction or demolition occurred within the geographical area encompassed by that local emergency declaration and resulted from events giving rise to said declaration; o There is no change in occupancy or land use type; and o There is no increase in square footage of the structure. • Residential accessory structures that do not increase covered building square footage such as open decks and pools.
• ADUs that are under 750 sq. ft. Such ADUs are currently exempt from development impact fees by the State law. A change in the law could result in such ADUs to no longer be exempt.
18 Gov’t Code § 66001(e)
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 41 ends

Written fee waivers may be available on a case-by-case basis for certain agricultural facilities and temporary structures (including temporary mobile homes).

If a development project is found to have no impact on facilities for which the Fee is charged, such project will be exempted from the Fee.

If a project has characteristics that make its impacts on a particular public facility significantly and permanently smaller than the average impact used to calculate the Fee, the Fee should be reduced accordingly. Since there must be a reasonable relationship between the Fee amount and the cost of the public facility attributable to the development on which the Fee is imposed, the Fee reduction is required if the fee is not proportional to the impact of the development.

In some cases, the District may desire to voluntarily waive or reduce the Fees that would otherwise apply to a project as a way of promoting goals such as affordable housing or economic development. Such a waiver or reduction may not result in increased costs to other development projects, so the effect of such policies is that the lost revenue must be made up from other fund sources.

FEE CREDITS
Developer Fee Credits and Reimbursements
The purpose of the Fee Program is to provide funds for new fire protection and emergency medical response facilities. While it is not anticipated that private developers will dedicate land or provide facilities for the District, should this occur, the developers may enter into a Fee credit and reimbursement agreement with the District. If a developer voluntarily offers to dedicate land or construct facilities in lieu of paying the Fee, the District may accept or reject such offer and negotiate the terms under which such offer is accepted. Excess developer contributions may be offset by reimbursement agreements.

The following conditions will apply to developer credits and reimbursements:
• Only funds collected through the Fee Program shall be used to reimburse a developer who provided eligible facilities or acquired eligible equipment identified in the Fee Program.
• The value of any developer-provided facilities for Fee credit or reimbursement purposes shall be based upon the lesser of (a) the actual facility cost or (b) the cost estimates (as updated) used to establish the Fee amount.
• The use of accumulated Fee revenues shall be in the following priority order: (1) critical projects, (2) repayment of inter-fund loans, and (3) repayment of accrued reimbursement to private developers. A project is considered to be a “critical project” when failure to complete it prohibits further development within the District.

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 42 ends

Credit for Existing Development
To comply with the Act and recent court cases, a Fee credit must be given for demolished existing square footage as part of a new development project.

CAPITAL IMPROVEMENT PLAN AND ANNUAL UPDATES
The Act specifies that if a local agency cites a capital improvement plan to identify the use of mitigation fees, that plan must be adopted and annually updated by a resolution of the governing body at a noticed public hearing19. Alternatively, improvements can be identified by applicable general or specific plans or in other public documents (such as this Nexus Study)20.

A capital improvement plan often has a limited planning horizon. As such, it may not include all facilities needed to serve future development covered by a fee program.

We recommend that this Nexus Study be cited as the public document identifying the use of the Fee.

ANNUAL AUTOMATIC INFLATION ADJUSTMENT
The Nexus Study calculates the Fee based on current cost estimates expressed in 2023 dollars. To ensure that the Fee Program stays fiscally viable, these cost estimates should be automatically adjusted annually to account for inflation and changes in the costs of public facilities covered by the Fee that have not been completed. A recommended index for such adjustments is the Engineering News Record Building Cost Index (20-Cities Average) published monthly in the Engineering News Record for the 12-month period ending in the month before the adjustment takes place.

Any inflationary adjustment must first be authorized in the enacting Fee resolution or ordinance.

The adjustments are recommended to take place annually on July 1, beginning on July 1, 2024.

FEE UPDATES
The District should conduct periodic reviews of development patterns and projections, construction costs, and available funding sources. If costs, development projections, or other funding sources change materially, the Fee should be updated accordingly. Any such updates must be presented to the District’s Board of Directors, the City Council, and the County Board of Supervisors before becoming effective.
19 Gov’t Code § 66002 (b)
20 Gov’t Code § 66001 (a) (2)
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 43 ends

Additionally, the Act requires21 that nexus studies must be updated at least every eight years.

Therefore, the next Nexus Study update is due no later than November 1, 2031. However, if new material information becomes available prior to that, the District should consider updating the Fee earlier.

TRANSPARENCY REQUIREMENTS22
The District, City, and County must make the following information available on their internet websites:
• A current schedule of or direct link to the Fee;
• The current and five previous Annual Reports;
• The current and any previous nexus studies conducted after January 1, 2018.

All such information needs to be updated within 30 days of any changes.

AB 516 recently added the following transparency requirements:
• A local agency shall inform a person paying a mitigation fee of both of the following:
o The person’s right to request an audit of the fee program; and o The person’s right to file a written request for mailed notice of the local agency’s meeting to review the information made public pursuant to the fee program. • A local agency shall provide a person paying a mitigation fee a link to the page on the local agency’s internet website where the information made public regarding the fee program is available for review.

TRAINING AND PUBLIC INFORMATION
Effective mitigation fee program administration requires considerable preparation and training.

The following practices are recommended:
• Ensure that the District, City, and County staff members responsible for collecting the Fee and for explaining it to the public understand both the details of the Fee Program and its supporting rationale.
• Review all printed materials containing the Fee information for the public to ensure that the Fee is clearly distinguished from other fees, such application fees, and the purpose and use of the Fee are clearly stated.
• Ensure that anyone responsible for accounting, budgeting, or project management for facilities funded by the Fee is fully aware of the Fee revenue use restrictions, and that this Nexus Study is referenced to for a list of facilities on which the Fee calculations are based. 21 Gov’t Code § 660016.5 (a)(8)
22 Gov’t Code § 65940.1 (a)
Appendix A:

Development Analysis Supporting Data
Table A-1 Manufactured Home Communities Detail Page 45
Table A-2 Single Family Home Development Summary (2018-2022) Page 46 Table A-3 Residential Additions and Nonresidential Development Summary (2018-2022)

Page 46 ends

Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 45 ends

Homes Sq.Ft. [1] Homes Sq.Ft. [2] Homes Sq.Ft.

Lucky Four Trailer Resort 7 6,720 3 4,800 10 11,520
1060 N Main St, Lakeport
Fairgrounds Village 19 18,240 37 59,200 56 77,440
1025 Martin St, Lakeport
Rainbow 21 20,160 6 9,600 27 29,760
3515 Lakeshore Blvd, Lakeport
Colonial Mobile Village 8 7,680 7 11,200 15 18,880
3039 Lakeshore Blvd, Lakeport
Northport Trailer Resort 14 13,440 15 24,000 29 37,440
5020 Lakeshore Blvd, Lakeport
Perks Estates 2 1,920 48 76,800 50 78,720
4265 Lakeshore Blvd, Lakeport
Aqua Village 24 23,040 2 3,200 26 26,240
1350 S Main St, Lakeport
Clearlake Marina 27 25,920 15 24,000 42 49,920
1400 S Main St, Lakeport
Lakeport Lagoons 2 1,920 92 147,200 94 149,120
1800 S Main St, Lakeport
Sterling Shore Estates 1 960 66 105,600 67 106,560
5830 Robin Hill Dr, Lakeport
Lakeside Village 24 23,040 26 41,600 50 64,640
5330 Lakeshore Blvd, Lakeport
Countrywood Estates 11 10,560 10 16,000 21 26,560
4035 Lakeshore Blvd, Lakeport
Running Springs 13 12,480 0 0 13 12,480
291 Crystal Lake Wy, Lakeport
Willow point 17 16,320 0 0 17 16,320
1 1st St, Lakeport
4850 Lakeshore Blvd, Lakeport 6 5,760 0 0 6 5,760
Pier 1900 0 0 53 84,800 53 84,800
1900 S Main St, Lakeport
TOTAL 196 188,160 380 608,000 576 796,160
Source: Ridgeline
[1] Assumes 960 sq.ft. per home
[2] Assumes 1,600 sq.ft. per home
Table A-1
Lakeport Fire Protection District
Manufactured Home Communities Detail
Single-Wide Double-Wide Total Community Name / Address
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 46 ends

Fiscal Year New
Homes Total Sq.Ft. Avg Sq.Ft.
2020 14 21,036 1,503
2021 18 28,099 1,561
2022 11 15,146 1,377
2023 9 20,984 2,332
Total 52 85,265 1,640
Average 13 21,300
Source: Lakeport Fire Protection District
Table A-2
Lakeport Fire Protection District
Single Family Home Development Summary
Description / Fiscal Year Sq.Ft.

Residential Additions
2020 5,161
2021 1,752
2022 2,814
2023 3,342
Total Residential Additions 13,069
Residential Additions Average / Year 3,300
Nonresidential Development
2020 4,175
2021 90,017
2022 12,511
2023 4,170
Total Nonresidential Development 110,873
Nonresidential Dev't Average / Year 27,700
Source: Lakeport Fire Protection District
Table A-3
Lakeport Fire Protection District
Residential Additions and Nonresidential Development
Appendix B:

District Facility Supporting Data
Table B-1 Land Value Estimate Page 48
Table B-2 Existing Equipment Inventory Page 49
Table B-3 Planned Equipment Inventory Page 50
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 48 ends

Property Description Status Notes Sale Date Acres Total Price Price / Acre
3955 Hill Rd, Lakeport, CA Sold 10/18/2021 5.49 $210,000 $38,251 18196 S State Hwy 29, Middletown, CA Sold 1/5/2022 111.71 $10,869,880 $97,304 1900 S. Main St, Lakeport, CA Sold Retail Center 3/1/2022 2.23 $325,000 $145,740 8840 Red Hills Rd, Kelseyville, CA Listed Brightwood Villages 167.1 $2,300,000 $13,764 15197 Olympic Drive, Clearlake, CA Listed 0.99 $235,000 $237,374 16125-16175 Main St, Lower Lake, CA Listed 2.35 $595,000 $253,191 5860 Live Oak Dr., Kelseyville, CA Listed MF 8.77 $975,000 $111,174 15400 Davis Ave, Clearlake, CA Listed Distress 32.27 $900,000 $27,890 Estimated Land Value for a smaller developable site $150,000 Source: CoStar and Marcus & Millichap
Table B-1
Lakeport Fire Protection District
Land Value Estimate (2023 $)
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 49 ends

Description Qty Cost Per
Unit
Total
Estimated
Cost
SCBAs 29 $7,600 $220,400
Lifepaks 3 $50,000 $150,000
Hoses $150,000
Structure Turnouts 30 $4,335 $130,050
Radios and Headsets $75,725
Stryker Gurneys 3 $18,565 $55,695
Compressor 1 $46,000 $46,000
Wildland Turnouts 30 $1,525 $45,750
Station Furniture $37,800
Lucas Devices 2 $18,750 $37,500
Fans 4 $6,165 $24,660
Nozzles 28 $800 $22,400
Extractor 1 $21,000 $21,000
Thermal Imagers $19,500
Rescue 42 Telecrib Stabalizers - Truck 3 $6,300 $18,900 Core Pumps 2 $9,335 $18,670
Spreaders 2 $8,320 $16,640
Generator 1 $16,000 $16,000
Cutters 2 $7,390 $14,780
Telescope 2 $6,090 $12,180
Office Phones $12,000
Ladders $10,480
Workout Equipment $9,000
RIT-Paks 2 $3,900 $7,800
Computers $6,000
Forestry Saws 4 $1,400 $5,600
Appliances $5,100
Ice Machine 1 $4,500 $4,500
Welder 1 $4,200 $4,200
Rescue 42 Telecrib Stabalizers - Car 3 $1,350 $4,050
Power Cutters 2 $2,000 $4,000
Cell Phones / Tablets / Hotspots $4,000
Air Compressor 1 $3,400 $3,400
Vent Saw 1 $3,200 $3,200
Office Furniture $3,000
Flood Lights 3 $1,000 $3,000
AEDs 2 $1,500 $3,000
Pumps $2,500
Battery Chargers $2,330
Airbag Vehicle Lift 1 $1,795 $1,795
Gas Meter 1 $1,500 $1,500
Floor Buffer 1 $1,400 $1,400
Fire Hooks / Halligans 8 $150 $1,200
Sawzall 2 $500 $1,000
Axes 8 $100 $800
TOTAL $1,238,505
Source: Lakeport Fire Protection District
Lakeport Fire Protection District
Existing Equipment Inventory (2023 $)
Table B-2
Lakeport Fire Protection District
Fire Mitigation Fee Nexus Study Final Report – 12/22/2023

Page 50 ends

Description Qty Cost Per
Unit
Total
Estimated
Cost
Generator 1 $21,000 $21,000
Dispatch Systems 2 $8,300 $16,600
PPE Lockers 20 $600 $12,000
PPE - Wildland 18 $2,000 $36,000
PPE - Structure 18 $6,000 $108,000
Medical Cabinets 2 $500 $1,000
Security Systems 2 $15,000 $30,000
Extraction Equipment 1 $25,000 $25,000
Fire Hose Storage Rack 2 $4,000 $8,000
TOTAL $257,600
Source: Lakeport Fire Protection District
Planned Equipment Inventory (2023 $)
Table B-3
Lakeport Fire Protection District

CONTACT INFORMATION
This report was prepared for Lakeport Fire Protection District by Ridgeline Municipal Strategies, LLC (“Ridgeline”).

Ridgeline is a municipal advisory and financial consulting firm registered with the U.S. Securities and Exchange Commission and the Municipal Securities Rulemaking Board.

RIDGELINE MUNICIPAL STRATEGIES, LLC
2213 Plaza Drive
Rocklin, CA 95765
(916) 250-1590
[email protected]
www.ridgelinemuni.com
352833.2
ORDINANCE NO. XX (2024)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING CHAPTER 3.34 OF THE LAKEPORT MUNICIPAL CODE

ESTABLISHING THE RATE FOR THE FIRE MITIGATION FEES
WHEREAS, Chapter 3.34 et seq. of the Lakeport Municipal Code currently delineates the City's "Fire Mitigation Fees" Ordinance, outlining the City's procedure on the adoption and collection of said fees to support the affected Fire Agency; and WHEREAS, Section 3.34.080, entitled "Fire mitigation fee ceiling established," establishes a maximum ceiling for the rates of fire mitigation fees that may be adopted by the City Council, with adjustments traditionally made through Council resolutions; and WHEREAS, it is deemed necessary to amend Section 3.34.080 to allow for the adjustment of fire mitigation fees via Council resolution, in line with prevailing municipal practices, as well as provide for other updates.

NOW, THEREFORE, the City Council of the City of Lakeport does ordain as follows:

SECTION 1. The above recitals are incorporated by reference are true and correct.

SECTION 2: LMC Section 3.34.070 B.1 is hereby amended to read as follows:

B. The fire agency resolves as follows:

1. The agency requests the city to impose a specified percentage of the fire mitigation fee ceiling fire mitigation fee and an annual inflation adjustment on the agency’s behalf upon applicants for building permits or other permits for development.

SECTION 3: LMC Section 3.34.070 D is hereby amended to read as follows:

The governing body of the fire agency shall send a certified copy of the resolution and the capital fire facility and equipment plan to the city manager. The city manager shall agendize such resolution and capital fire facilities and equipment plan for the city council’s approval at a public hearing noticed in the manner required by Government Code Section 66002(b). At the close of the public hearing thereon, the city council may approve such resolution and capital fire facilities and equipment plan if it finds that such documents meet the requirements of this chapter, the city of Lakeport general plan and Government Code Section 66000 et. Seq. The provisions of this chapter shall be applicable to all building permits and other permits issued for new construction within the boundaries of the city of Lakeport thirty sixty days after the city council approval. The agency shall provide prior written notice to the city building official of the effective date of its mitigation fee and changes thereto.

SECTION 4: LMC Section 3.34.070 E is hereby amended to read as follows:
352833.2
By March 31st of each year following the year of the original adoption of a resolution and approved by the city council pursuant to this section, the agency shall submit a copy of a new resolution adopted by the governing board of the agency making the findings requested by this section and setting the fire mitigation fee amount automatically adjusted for inflation as requested by the agency. The automatic annual inflation adjustment of the fire mitigation fee does not require an approval of the city council if the city council included this adjustment in the resolution adopted under Section 3.34.080(B) below This revision shall be effective the following July 1st.

SECTION 5: LMC Section 3.34.080 is hereby amended to read as follows:

Fire mitigation fee ceiling established set by Resolution.

Based upon the average cost providing a fully equipped fire station within the county of Lake, in relation to the average number of new structures served by the station, a fire mitigation fee ceiling of forty-six cents per square foot of construction for all covered roof area is established. The fire mitigation fee ceiling for buildings that install a fire sprinkler system shall be twenty-three cents per square foot of construction for all covered roof area.

A. A fire mitigation fee is hereby authorized and shall be allocated to the affected fire agency for the acquisition of capital facilities and equipment in order to ensure the provision necessary levels of fire protection services necessitated by new development via a nexus study adopted by the agency.

B. The city council shall, by resolution, set forth the specific amount of the fire mitigation fees, describe the benefit and impact area on which the fees are imposed, list the specific public improvements to be financed, describe the estimated cost of these facilities and the reasonable relationship between the fees and the various types of new development on which the fees are imposed, and set forth the time and terms of payment of the fees.

C. On an annual basis, the fire agency shall review any fire mitigation fees the city imposes on its behalf to determine whether the fee amounts are reasonably related to the impacts of development and whether the described public facilities are still needed.

SECTION 6. Severability: Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 7. CEQA. The action being considered by the City Council is an administrative activity of government that will not result in a direct or indirect physical change in the environment. The City Council finds pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Section 21000 et seq.) and State CEQA Guidelines (Section 1500 et seq., Title 14 of the California Code of Regulations) and determines 352833.2
that this Ordinance is not a “project” pursuant to Public Resources Code Section 210065, and that it is exempt from the provisions of CEQA pursuant to Guidelines Sections 15061(b)(3) (because it can be seen with certainty that the adoption of this Ordinance will not have an effect on the environment) and 15321 (enforcement actions by regulatory agencies); SECTION 8. Effective Date. This ordinance shall take effect sixty (60) days after adoption as provided by Government Code section 66017.

SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting the entire text.

INTRODUCED and first read at a regular meeting of the City Council on the 16th day of April 2024, by the following vote:

AYES: Mayor Froio, Council Members Costa, Disney, Mattina and Parlet NOES: None
ABSTAIN: None
ABSENT: None
FINAL PASSAGE AND ADOPTION by the City Council of Lakeport occurred at a meeting thereof held on the 21st day of May, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________
MICHAEL FROIO, Mayor
ATTEST:
_____________________________
KELLY BUENDIA, City Clerk
City of Lakeport
358659.1
RESOLUTION NO. ______ (2024)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT

ADOPTING REVISED FIRE MITIGATION IMPACT FEES
WHEREAS, the Lakeport Fire Protection District, hereinafter the “District”, is the local government entity responsible for providing fire protection services within the City of Lakeport; and
WHEREAS, the City Council pursuant to California Government Code Sections 66000 et.

Seq. may impose a fee as a condition of approval of a development project to defray all or a portion of the cost of public facilities related to the development project, including facilities for special districts that provide services within the City of Lakeport; and WHEREAS, The District Board of Directors held a public hearing on May 14, 2024 and adopted Lakeport Fire Protection District RESOLUTION No. 23/24-11, attached hereto and incorporated herein as Exhibit A, requesting City Council adopt and implement revised Fire Mitigation Impact Fees based on the completed Lakeport Fire Protection District Fire Mitigation Fee Nexus Study of December 2023 prepared by Ridgeline Municipal Strategies, and on file with the City Clerk; and
WHEREAS, the fire mitigation impact fees shall be automatically adjusted for inflation each year by an amount equal to the percentage change in the Engineering News-Record Construction Cost Index (20-City Average), or its successor publication; and WHEREAS, the City Council held a public hearing(s) on the matter on April 16, 2024 and May 21, 2024 and accepted oral and written comments from the public and interested parties and considered such comments before taking action.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeport hereby adopts the following fire mitigation impact fees on behalf of the Lakeport Fire Protection District:

Description
Amount / Sq. Ft.

Residential Nonresidential *High Impact
Surcharge
Base Fee per sq. ft. $1.96 $2.40 $0.49
Administrative Surcharge 2% $0.04 $0.05 $0.01
Total Fee Amount $2.00 $2.45 $0.50
*A high impact surcharge is imposed for buildings of three (3) stories and above and for nonresidential buildings with a footprint of 15,500 sq. ft. or more.
358659.1
The foregoing Resolution was passed and adopted at a regular meeting of the City Council on the 21st day of May, 2024, by the following vote:

AYES:

NOES:

ABSTAINING:

ABSENT:
___________________________________
MICHAEL FROIO, Mayor
ATTEST:
_______________________________
KELLY BUENDIA, City Clerk

Meeting Date: 05/21/2024 Page 1 Agenda Item #VII.A.1.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Illegal Fireworks-Police & Fire Operations Plan MEETING DATE: 5/21/2024 SUBMITTED BY: Dale Stoebe, Captain
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to receive and file the Illegal Fireworks Operation Plan for the 30-day period surrounding the 4th of July (June 17 through July 16).

BACKGROUND/DISCUSSION:

Lakeport Municipal Code Chapter 5.30 Fireworks, sub 5.30.220(a) requires that the Police Department present to the City Council an operation plan. Said operation plan shall include the following information:
(i) Identification of areas within the City where illegal fireworks were a problem in the previous year; (ii) A detailed explanation of the deployment of fire and law enforcement personnel to deal with those troublesome areas as well as with the balance of the City; (iii) A report on the apparatus and personnel who will be on duty for the period of June 17 through July 16 of this year, and more particularly, on July 1 through 5, inclusive; (iv) Recommendations on and discussion of what, if any, dedicated illegal fireworks enforcement patrols there should be for that year and all other relevant information and statistics deemed necessary by the City Council.

Traditionally, there are significant increases in the number of visitors to our city during the July 4th holiday and the 30-day period surrounding it. As in past years the possession and use of illegal fireworks remained a significant problem in the city in 2023. With a fireworks show event and sales of safe and sane fireworks moving forward this July 4th, we expect an increase of people in the city. This July 4th, the Police Department will deploy all of our staff as well as mutual aid staff from other law enforcement agencies in Lake County.

Additionally, the Lakeport Fire Protection District will be operationally ready to deploy additional staff as necessary. Efforts will be made for the police and fire departments to deploy an illegal fireworks enforcement team targeting those using illegal fireworks in the city. A public outreach campaign regarding the dangers of illegal fireworks will also begin in early June.

OPTIONS:

Receive and file staff report including operation plan or request additional information from staff.

FISCAL IMPACT:

None $4,000.00 in Police Overtime Budgeted Item? Yes No Meeting Date: 05/21/2024 Page 2 Agenda Item #VII.A.1.

Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments: The fireworks sale surcharge paid to the City is sufficient to cover police overtime cost.

SUGGESTED MOTIONS:

Receive and file the Illegal Fireworks Police Operation Plan.

Attachments: 1. Police & Fire Operation Plan for Illegal Fireworks

2. Fireworks Information Flyer

3. Public Communication Safe & Sane Fireworks
ATTACHMENT 1

POLICE/FIRE OPERATIONS PLAN FOR ILLEGAL FIREWORKS

EFFECTIVE
JUNE 17 – July 16

1. Identification of areas within the City where illegal fireworks were a problem in the previous year.

The Police Department has identified the areas described as “The Parklands”, “Will-oPoint”, Willow Tree Plaza, Shoreline Shopping Center, Vista Point, 16th & Hartley Street, the new Xabatin Community Park, Lakeport Unified School District campuses and the residential districts surrounding those areas as those areas are most affected by illegal fireworks.

2. Detailed explanation of the deployment of law enforcement and fire personnel to deal with those troublesome areas as well with the balance of the City.

The Police Department provides routine patrol to those areas which present the most problems on a daily basis when staffing levels permit and during the course of the patrol officer’s duties. Increased patrols with targeted enforcement will occur in specific areas when deemed necessary or as workload allows. The fire department will be operationally ready to increase staffing as needed.

3. A report on the apparatus and personnel who will be on duty for the period mentioned above and more particularly on the 1st through the 5th of July.

The Police Department will provide uniformed patrol to those areas described above through June 17 and July 16 when staffing levels permit. As it relates to Independence Day, 7-4-2023, the Police Department will request mutual aid from local allied agencies and will run police operations from the command center at Lakeport City Hall. The Police Department will staff each shift: day, swing, graveyard and cover directly targeting the troublesome areas and seeking out illegal fireworks violators, while also being assigned to provide regular service to the remaining areas of the City, not deemed as troublesome.

4. Detailed explanation of the deployment of law enforcement and fire prevention personnel for dedicated illegal fireworks enforcement patrol and other relevant information.

If staffing levels allow the Police Department will be staffing one uniformed patrol officer, utilizing an unmarked police vehicle, along with a fire prevention officer from the Lakeport Fire Protection District, to serve as a specialized team dedicated to the focused patrol targeting illegal fireworks within the City, between the hours of 7-4-2023 ATTACHMENT 1
at 1500 hours and 7-5-2023 0300 hours. In addition, Enforcement Officers from the California Department of Forestry and Fire Protection will be requested to augment focused targeting of possessors and users of illegal fireworks. A public outreach campaign regarding the dangers of illegal fireworks will also be used.

TITLE OR SUBJECT: ________________________________________________________ REQUESTOR: ________________________________________________________ AUTHORIZED BY: ________________________________________________________ DATE OF REQUEST: ________________________________________________________ DATE OF DISTRIBUTION: ________________________________________________________ EXPIRATION DATE: ________________________________________________________ FORM OF COMMUNICATION:

Website
Facebook
Twitter
Instagram
YouTube
Nixle (City)
Nixle (PD)
Press Release
Newsletter/Utility Bill
LINK (IF APPLICABLE): ________________________________________________________ TEXT:

PLEASE ATTACH PHOTO / FLYER / TEXT DOCUMENT TO THIS FORM OR SEND AS AN EMAIL

ATTACHMENT ACCOMPANYING THIS FORM (ELECTRONIC FILES ONLY) City of Lakeport

REQUEST FOR COMMUNICATION
   
  
 









                                                             Meeting Date: 05/21/2024 Page 1 Agenda Item # VII.A.2.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Retail Theft Legislation MEETING DATE: 05/21/2024
SUBMITTED BY: Brad Rasmussen, Chief of Police
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to receive a briefing and consider support letters on fifteen retail theft bills that are now moving through the state legislature. Addressing organized retail theft and shoplifting is one of our priorities as well as one of Cal Cities’ top priorities in 2024. The Legislature introduced several retail theft measures that would strengthen public safety, protect shoppers and businesses, and improve quality of life throughout the state.

BACKGROUND/DISCUSSION:

A summary of the bills in question is below.

Addressing organized retail theft and shoplifting is one of Cal Cities’ top priorities in 2024. The Legislature introduced several retail theft measures that would strengthen public safety, protect shoppers and businesses, and improve quality of life throughout the state. Legislation to address repeat offenders was introduced at the beginning of the session, but the bills are not moving forward at this time. However, AB 2943 (Zbur and Rivas) includes provisions regarding repeat offenders.

AB 1772 (Ramos) Theft. This bill would require the Department of Justice to conduct a study to determine the number of misdemeanor convictions for a theft offense when property was taken from a retail business during the COVID-19 state of emergency.

AB 1772 SAMPLE Support letter attached.

AB 2943 (Zbur and Rivas) Crimes: shoplifting. AB 2943 would make several changes to retail theft, organized retail theft, and shoplifting. Specifically, this bill:
• Creates a new crime and penalty for retail theft including shoplifting, theft, or burglary for those who are repeat offenders.
• Provides that charges may be filed in multiple jurisdictions. • Allows for the aggregation of certain offenses.
• Increases the terms of probation from 1 year to 2 years.

Meeting Date: 05/21/2024 Page 2 Agenda Item # VII.A.2.
• Clarifies the ability of police to arrest without witnessing the crime. • Extends the sunset date on the organized retail theft statute until 2031.

AB 2943 SAMPLE Support if Amended letter attached.

Retail Theft Enforcement and Enhancement Legislation
These bills propose several methods to increase enforcement tools on the front end of the criminal justice system and increase the penalties on the back end. The proposals include increasing ongoing funding of local and statewide enforcement programs, improving law enforcement powers and arrest authority, creating new offenses, and adding sentencing enhancements for felonious offenses of retail theft. • AB 1960 (Soria) Sentencing enhancements: property loss. • AB 1990 (Carrillo) Criminal procedure arrests
• AB 2814 (Low) Crimes: unlawful entry: intent to commit package theft. • AB 3209 (Berman) Crimes: theft: retail theft restraining orders. • SB 1242 (Min) Crimes: fires.

Retail Theft Enforcement and Enhancements SAMPLE Support letter attached.

Organized Retail Theft Legislation
These bills confront the issue of organized retail theft by requiring the Regional Property Crimes Task Force to help railroad police combat organized theft of merchandise stolen from a merchant’s cargo and eliminating the sunset date for organized retail theft.
• AB 1802 (Jones-Sawyer) Crimes: Organized Theft
• AB 1972 (Alanis) Regional Property Crimes Task Force. • SB 982 (Wahab) Crimes: organized theft.

Organized Retail Theft Legislation SAMPLE support letter attached.

Aggregation of Retail Theft and Jurisdiction Legislation These bills propose several methods of ensuring and clarifying the process of multi-jurisdictional prosecution as well as aggregation of multiple theft incidents with several victims. • AB 1779 (Irwin) Theft: jurisdiction.
• AB 1794 (McCarty) Crimes: larceny.

Aggregation of Retail Theft and Jurisdiction Legislation SAMPLE support letter attached.

Retail Theft Resale of Stolen Goods Legislation
These bills propose several methods of addressing the resale of stolen property and fencing locations that facilitate this illegal sale of stolen property. These methods range from providing funding and task forces for law enforcement to identify and crack down on these fencing operations, to creating sentencing enhancements for individuals convicted of selling property acquired through theft.

Meeting Date: 05/21/2024 Page 3 Agenda Item # VII.A.2.
• AB 1845 (Alanis) Crimes: Grant program for identifying, apprehending, and prosecuting resale of stolen property.
• SB 1144 (Skinner) Online Marketplaces.
• SB 1381 (McGuire) Property Crimes: Regional Property Crimes Task Force • SB 1416 (Newman) Sentencing enhancements: sale, exchange or return of stolen property.

Resale of Stolen Goods SAMPLE support letter attached.

Important points to consider include.
• The rise in retail theft is impacting every corner of California. • Commercial burglary is at the highest rate since 2008. According to the PPIC, commercial burglary increased statewide since 2020, especially in larger counties with an increase of 13% among 14 of the 15 largest counties.
• Rising theft is impacting every part of California, and city officials need additional tools to reduce crime and improve the safety of their neighborhoods.
• These bills together will make significant strides to improving existing law regarding penalty enhancements, enforcement tools for law enforcement, and tools for District Attorneys to prosecute. • Action must be taken to crack down on organized retail theft, shoplifting, and resale of merchandise. • Our communities deserve better, and police need more tools to hold criminals accountable.

OPTIONS:

Take no action.

Request modifications.

Sign support letters.

FISCAL IMPACT:

None Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments:

SUGGESTED MOTIONS:

Move to direct the Mayor to sign support letters as identified.

Attachments: 1. Action Alert Information Page.

2. Draft Support Letters

ACTION ALERT
Retail Theft Legislation

SUPPORT
ACTION
Fifteen bills are moving through the Legislature that will make meaningful statutory changes to address the increase in retail theft. Cal Cities has a support or support if amended position on each bill, but lawmakers need to hear from their cities on this critical issue.

Voice your SUPPORT for these bills by submitting a letter as soon as possible. These bills are moving through various parts of the legislative process, please use the links to the sample letters provided below to ensure your city’s voice is most effective.

Background: Addressing organized retail theft and shoplifting is one of Cal Cities’ top priorities in 2024. The Legislature introduced several retail theft measures that would strengthen public safety, protect shoppers and businesses, and improve quality of life throughout the state. Legislation to address repeat offenders was introduced at the beginning of the session, but the bills are not moving forward at this time. However, AB 2943 (Zbur and Rivas) includes provisions regarding repeat offenders.

AB 1772 SAMPLE Support letter
AB 2943 (Zbur and Rivas) Crimes: shoplifting. AB 2943 would make several changes to retail theft, organized retail theft, and shoplifting. Specifically, this bill:
• Creates a new crime and penalty for retail theft including shoplifting, theft, or burglary for those who are repeat offenders.
• Provides that charges may be filed in multiple jurisdictions. • Allows for the aggregation of certain offenses.
• Increases the terms of probation from 1 year to 2 years. • Clarifies the ability of police to arrest without witnessing the crime. • Extends the sunset date on the organized retail theft statute until 2031.

AB 2943 SAMPLE Support if Amended letter
Retail Theft Enforcement and Enhancement Legislation
These bills propose several methods to increase enforcement tools on the front end of the criminal justice system and increase the penalties on the back end. The proposals include increasing ongoing funding of local and statewide enforcement programs, improving law enforcement powers and arrest authority, creating new offenses, and adding sentencing enhancements for felonious offenses of retail theft. • AB 1960 (Soria) Sentencing enhancements: property loss. • AB 1990 (Carrillo) Criminal procedure arrests
• AB 2814 (Low) Crimes: unlawful entry: intent to commit package theft. • AB 3209 (Berman) Crimes: theft: retail theft restraining orders. • SB 1242 (Min) Crimes: fires.

Retail Theft Enforcement and Enhancements SAMPLE Support letter Organized Retail Theft Legislation
These bills confront the issue of organized retail theft by requiring the Regional Property Crimes Task Force to help railroad police combat organized theft of merchandise stolen from a merchant’s cargo and eliminating the sunset date for organized retail theft. • AB 1802 (Jones-Sawyer) Crimes: Organized Theft
• AB 1972 (Alanis) Regional Property Crimes Task Force. • SB 982 (Wahab) Crimes: organized theft.

Organized Retail Theft Legislation SAMPLE support letter Aggregation of Retail Theft and Jurisdiction Legislation These bills propose several methods of ensuring and clarifying the process of multijurisdictional prosecution as well as aggregation of multiple theft incidents with several victims.
• AB 1779 (Irwin) Theft: jurisdiction.
• AB 1794 (McCarty) Crimes: larceny.

Aggregation of Retail Theft and Jurisdiction Legislation SAMPLE support letter Retail Theft Resale of Stolen Goods Legislation
These bills propose several methods of addressing the resale of stolen property and fencing locations that facilitate this illegal sale of stolen property. These methods range from providing funding and task forces for law enforcement to identify and crack down on these fencing operations, to creating sentencing enhancements for individuals convicted of selling property acquired through theft.
• AB 1845 (Alanis) Crimes: Grant program for identifying, apprehending, and prosecuting resale of stolen property.
• SB 1144 (Skinner) Online Marketplaces.
• SB 1381 (McGuire) Property Crimes: Regional Property Crimes Task Force • SB 1416 (Newman) Sentencing enhancements: sale, exchange or return of stolen property.

Resale of Stolen Goods SAMPLE support letter
Talking Points:
• The rise in retail theft is impacting every corner of California. • Commercial burglary is at the highest rate since 2008. According to the PPIC, • commercial burglary increased statewide since 2020, especially in larger counties with an increase of 13% among 14 of the 15 largest counties. • Rising theft is impacting every part of California, and city officials need additional • tools to reduce crime and improve the safety of their neighborhoods. • These bills together will make significant strides to improving existing law regarding penalty enhancements, enforcement tools for law enforcement, and tools for District Attorneys to prosecute.
• Action must be taken to crack down on organized retail theft, shoplifting, and resale of merchandise.
• Our communities deserve better, and police need more tools to hold criminals accountable.

CITY OF LAKEPORT
Over 125 years of community
pride, progress and service
05/21/2024
The Honorable James Ramos
Member, California State Assembly
1021 O Street, Suite 8310
Sacramento, CA 95814
Sent via Upload to Position Letter Portal
RE: AB 1772 (Ramos) Theft.

Notice of SUPPORT (As Amended on April 3, 2024)
Dear Assembly Member Ramos,
The City of Lakeport supports AB 1772 (Ramos), which would require the Department of Justice to conduct a study to determine the number of misdemeanor convictions for a theft offense when property was taken from a retail business during the COVID-19 state of emergency.

As you may know, retail theft continues to be a problem in nearly all California communities. For example, commercial burglary is at the highest rate since 2008. In fact, according to the PPIC, commercial burglary increased statewide since 2020, especially in larger counties with an increase of 13% among 14 of the 15 largest counties. Rising theft is impacting every corner of California, and city officials need additional tools to reduce crime and improve the safety of their neighborhoods.

This bill would require the Department of Justice on January 1, 2026 to report to the Legislature the number of misdemeanor convictions for retail theft during the Governor’s declared state of emergency during the COVID-19 pandemic. This would allow the Legislature to identify the rate of convictions misdemeanor retail theft offenses during a time related to a surge of theft rates.

Over the past decade, the City of Lakeport has seen increases in theft-related crimes on many different levels. The state of current laws has made it difficult for our police agency to hold people accountable for theft crimes. Retail theft related crimes have also had an impact on our economy and the safety of our town. The strengthening of California laws and their uniform application across all jurisdictions will have a positive impact on the economy and safety of our communities.

While AB 1772 (Ramos) is important to continuing to make progress on retail theft, this bill is only one part of a comprehensive solution that needs to include prevention, enforcement, and supervision.

Identifying the rate of theft in comparison to the rate of conviction is just one of the methods that can help solve this growing problem and make our communities safer.

For these reasons, the City of Lakeport supports AB 1772 (Ramos).

Sincerely,
Michael Froio
Mayor
City of Lakeport
cc: The Honorable Cecelia Aguiar-Curry, Member, California State Assembly (via email:
[email protected])
The Honorable Mike McGuire, Member, California State Senate (via email:
[email protected])
Sara Sanders, League of California Cities, [email protected] League of California Cities, [email protected]

CITY OF LAKEPORT
Over 125 years of community
pride, progress and service
05/21/2024
TO: The Honorable Marc Berman, State Assembly Member
The Honorable Wendy Carrillo, State Assembly Member
The Honorable Evan Low, State Assembly Member
The Honorable Esmerelda Soria, State Assembly Member
The Honorable Dave Min, State Senator
Sent via Upload to Position Letter Portal
RE: Retail Theft Enforcement and Increased Penalties Legislation Dear Members:

One of the City of Lakeport’s top priorities is to address crime and retail theft, organized retail theft and shoplifting. Our city is pleased that both houses of the Legislature have made this issue a priority in 2024. As such, the City of Lakeport would like to identify a few bills that we believe help to address the issue of providing critically needed tools of enforcement to combat retail theft.

As you may know, retail theft continues to be a problem in nearly all California communities. For example, commercial burglary is at the highest rate since 2008. In fact, according to the PPIC, commercial burglary increased statewide since 2020, especially in larger counties with an increase of 13% among 14 of the 15 largest counties. To address rising theft, city officials need additional tools to reduce crime and improve the safety of their neighborhoods.

There are reforms needed to ensure that both apprehension rates of offenders improve and that those apprehended for more serious theft offenses meet meaningful consequences. Specifically, there are a several bills that would address these necessary reforms through increasing the certainty and severity of apprehension for retail theft offenses.

Therefore, we support the following bills:

AB 1960 (Soria) Sentencing Enhancements: Property Loss. (As Introduced on 1/29/2024)
AB 1990 (Carrillo) Criminal Procedure: Arrests: Shoplifting. (As Amended on 4/16/2024)
AB 2814 (Low) Crimes: Unlawful Entry: Intent to Commit Package Theft (As Introduced on 2/15/2024)
AB 3209 (Berman) Crimes: Theft: Retail Theft Restraining Orders (As Amended on 4/1/2024)
SB 1242 (Min) Crimes: Fires
(As Amended on 3/19/2024)
These bills propose several methods of increasing enforcement tools on the front end of our criminal justice system and increasing the penalties on the back end. These methods range from increasing ongoing funding of local and statewide enforcement programs, improving law enforcements’ powers and arrest authority, creating new offenses, and adding sentencing enhancements for felonious offenses of retail theft.

While these individual bills are important to continuing to make progress on retail theft, these bills are only one part of a comprehensive solution that needs to include prevention, enforcement, and supervision. Addressing enforcement tools and increased penalties are some of the methods that can help solve this growing problem, however additional changes are needed in order to make our communities safer.

For these reasons, the City of Lakeport supports AB 1960 (Soria), AB 1990 (Carrillo), AB 2814 (Low), AB 3209 (Berman), and SB 1242 (Min).

CITY OF LAKEPORT
Over 125 years of community
pride, progress and service
05/21/2024
The Honorable Jackie Irwin
Member, California State Assembly
1021 O Street, Suite
Sacramento, CA 95814
The Honorable Kevin McCarty
Member, California State Assembly
1021 O Street, Suite 5610
Sacramento, CA 95814
Sent via Upload to Position Letter Portal
RE: Retail Theft Aggregation and Multi-Jurisdictional Legislation Dear Assembly Members,
One of the City of Lakeport’s top priorities is to address crime and retail theft, organized retail theft and shoplifting. Our city is pleased that both houses of the Legislature have made this issue a priority in 2024. As such, the City of Lakeport would like to identify a few bills that we believe would help to address the issue of aggregating multiple retail theft offenses across a multi-jurisdictional area.

As you may know, retail theft continues to be a problem in nearly all California communities. For example, commercial burglary is at the highest rate since 2008. In fact, according to the PPIC, commercial burglary increased statewide since 2020, especially in larger counties with an increase of 13% among 14 of the 15 largest counties. To address rising theft, city officials need additional tools to reduce crime and improve the safety of their neighborhoods.

It has become common for offenders to try to avoid higher charges, such as grand theft, by stealing small amounts of items they know are under $950 across several retail businesses. Current law provides that multiple thefts can be aggregated to one charge if these incidents can be proven to be “one intention, one general impulse, and one plan.” Unfortunately, this law is limited in scope and Cal Cities strongly believes it needs strengthening.

Improved aggregation laws for multiple incidents of theft will not be helpful without active prosecution of cases across several jurisdictions. Expanding coordination and abilities of District Attorneys to work together to prosecute theft offenses that occur in several counties will ensure offenders are held accountable.

Therefore, we support the following bills:

AB 1779 (Irwin) Theft: Jurisdiction.
(As Amended on 4/25/2024)
AB 1794 (McCarty) Crimes: Larceny
(As Amended on 4/11/2024)
These bills propose several methods of ensuring and clarifying the process of multi-jurisdictional prosecution as well as aggregation of multiple theft incidents with several victims.

For these reasons, the City of Lakeport supports both AB 1779 (Irwin) and AB 1794 (McCarty).

CITY OF LAKEPORT
Over 125 years of community
pride, progress and service
05/21/2024
The Honorable Rick Zbur
Member, California State Assembly
1021 O Street, Suite 4250
Sacramento, CA 95814
Sent via Upload to Position Letter Portal
RE: AB 2943 (Zbur, Rivas) Crimes: Shoplifting
Notice of Support if Amended (As Amended on April 11, 2024) Dear Assembly Member Zbur,
The City Lakeport supports if amended on AB 2943 (Zbur, Rivas), which would make several changes to retail theft, organized retail theft and shoplifting.

Specifically, AB 2943 (Zbur, Rivas) would make the following changes to statute:
• Creates a new crime and penalty for retail theft including shoplifting, theft or burglary, for those that are repeat offenders.
• Provides that charges may be filed in multiple jurisdictions. • Allows for the aggregation of certain offenses.
• Increases the terms of probation from 1 year to 2 years. • Clarifies the ability for police to arrest without witnessing the crime. • Extends the sunset date on the organized retail theft statute until 2031.

The City of Lakeport is in support of many of the provision in AB 2943, however, our members have requested the following clarifications in order for the measure to be as comprehensive as possible (for the full set of amendments please see the attachment):
• Include provisions in the aggregation section which currently provides for a common scheme or plan to be used to also reference the rule set forth in People v Bailey and cases related to multiple thefts. As currently written, this section does not adequately address the case law and therefore could result in the inability for prosecutors to aggregate multiple offenses. • Add an amendment to the ability to arrest section to include the ability for police to use unsworn statements taken from one or more persons when these statements demonstrate probable cause to believe that the person to be arrested committed the violation. • Clarifying amendment regarding the successful completion of probation to provide that the completion should be determined by the probation-supervising court.

We would like to thank you for your leadership on this critical issue. The City of Lakeport looks forward to additional amendments and provisions to ensure that AB 2943 is as robust as possible.

For these reasons, the City of Lakeport supports AB 2943 if amended.

CITY OF LAKEPORT
Over 125 years of community
pride, progress and service
05/21/2024
The Honorable Mike McGuire
President pro Tempore
1021 O Street, Suite #8518
Sacramento, CA 95814
The Honorable Josh Newman
Member, California State Senate
1021 O Street, Suite #6520
Sacramento, CA 95814
The Honorable Nancy Skinner
Member, California State Senate
1021 O Street, Suite #8630
Sacramento, CA 8630
The Honorable Juan Alanis
Member, California State Assembly
1021 O Street, Suite #4640
Sacramento, CA 95814
Sent via Upload to Position Letter Portal
RE: Resellers and Fencing of Stolen Property Legislation Dear Members,
One of the City of Lakeport’s top priorities is to address crime and retail theft, organized retail theft and shoplifting. Our city is pleased that both houses of the Legislature have made this issue a priority in 2024. As such, the City of Lakeport would like to identify a few bills that we believe help to address the issue of reselling and fencing of stolen property acquired through theft.

As you may know, retail theft continues to be a problem in nearly all California communities. For example, commercial burglary is at the highest rate since 2008. In fact, according to the PPIC, commercial burglary increased statewide since 2020, especially in larger counties with an increase of 13% among 14 of the 15 largest counties. To address rising theft, city officials need additional tools to reduce crime and improve the safety of their neighborhoods.

The rising rate of theft offenses such as commercial burglary necessitate viable resale operations of those stolen goods such as fencing location or the use of online third-party marketplaces. Reducing the ease with which stolen items can be resold through these secondary operations is a critical step in providing any comprehensive solution to the issue of retail theft. SB 301 (Skinner, 2023) attempted to address this issue by requiring reporting by high-volume third-party sellers utilizing online marketplaces.

However, there were some gaps noted in this legislation and the federal legislation that still need to be addressed.

Therefore, we support the following bills:

AB 1845 (Alanis) Crimes: Grant Program for Identifying, Apprehending, and Prosecuting Resale of Stolen Property
(As Amended on 2/21/2024)
SB 1144 (Skinner) Marketplaces: Online Marketplaces
(As Amended on 4/4/2024)
SB 1381 (McGuire) Property Crimes: Regional Property Crimes Task Force (As Amended on 3/20/2024)
SB 1416 (Newman) Sentencing Enhancements: Sale, Exchange, or Return of Stolen Property (As Amended on 4/16/2024)
These bills propose several methods of addressing resale of stolen property and fencing locations that facilitate this illegal sale of stolen property. These methods range from providing funding and task forces for law enforcement to identify and crack down on these fencing operations, to creating sentencing enhancements for individuals convicted of selling property acquired through theft.

For these reasons, the City of Lakeport supports AB 1845 (Alanis), SB 1144 (Skinner), SB 1381 (McGuire), and SB 1416 (Newman).

CITY OF LAKEPORT
Over 125 years of community
pride, progress and service
05/21/2024
The Honorable Reggie Jones-Sawyer
Member, California State Assembly
1021 O Street, Suite #6320
Sacramento, CA 95814
The Honorable Juan Alanis
Member, California State Assembly
1021 O Street, Suite #4640
Sacramento, CA 95814
The Honorable Aisha Wahab
Member, California State Senate
1021 O Street, Suite #7330
Sacramento, CA 95814
Sent via Upload to Position Letter Portal
RE: Organized Retail Theft Legislation
Dear Members,
One of the City of Lakeport’s top priorities is to address crime and retail theft, organized retail theft and shoplifting. Our city is pleased that both houses of the Legislature have made this issue a priority in 2024. As such, the City of Lakeport would like to identify a few bills that we believe help to address the critical issue of organized retail theft.

As you may know, retail theft continues to be a problem in nearly all California communities. For example, commercial burglary is at the highest rate since 2008. In fact, according to the PPIC, commercial burglary increased statewide since 2020, especially in larger counties with an increase of 13% among 14 of the 15 largest counties. To address rising theft, city officials need additional tools to reduce crime and improve the safety of their neighborhoods.

Specifically, regarding organized retail theft, there are a handful of bills that seek changes to existing law to help address the increase in smash and grab robberies and other organized efforts that continue to happen at an alarming rate in our communities statewide.

Therefore, we support the following bills:

AB 1802 (Jones-Sawyer) Crimes: Organized Theft
(As Amended on 4/1/2024)
AB 1972 (Alanis) Regional Property Crime Task Force
(As Introduced on 4/11/2024)
SB 982 (Wahab) Crimes: Organized theft
(As Amended on 4/1/2024)
These bills confront the issue of organized retail theft by requiring the Regional Property Crimes Task Force assist railroad police in combatting organized theft of merchandise stolen from a merchant’s cargo and eliminating the sunset date for organized retail theft.

For these reasons, the City of Lakeport supports AB 1802 (Jones-Sawyer), AB 1972 (Alanis)and SB 982 (Wahab).

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Review and adoption of 2024/25 SB 1 Project List for the City of Lakeport
MEETING DATE: 5/21/2024
SUBMITTED BY: Ron Ladd, Public Works Director
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to review and adopt the presented resolution and project list proposed to be funded with monies generated by the Road Repair and Accountability Act of 2017 for fiscal year 2024-25 in the estimated amount of $127,117.

BACKGROUND/DISCUSSION:

On April 28, 2017, the Governor of California signed Senate Bill 1 (SB 1), known as the Road Repair and Accountability Act of 2017. SB 1 increases gasoline and diesel taxes and vehicle registration fees to address basic road maintenance and rehabilitation needs on both state highways and local streets and roads.

Monies generated through SB 1, will be deposited by the State Controller into a Road Maintenance and Rehabilitation Account (RMRA). A portion of this funding will be apportioned by formula to eligible cities and counties, including Lakeport pursuant to California Streets and Highways Code Section (SHC) 2032 (h).

Since SB 1 emphasizes accountability and transparency in transportation funding, programming and use of the new funds is contingent on recipient cities and counties providing annual reporting. Per SHC 2034 (a) (1) prior to receiving and RMRA funding each fiscal year, cities and counties must submit a list of projects to be funded with the RMRA funds to the California Transportation Commission no later than July 1st of each year.

The California League of Cities prepared RMRA estimates based upon the most recent State Department of Finance statewide revenue projections estimates the City of Lakeport will receive $127,117in RMRA revenue for the fiscal year 2024-25.

Staff proposes that the anticipated funds for fiscal year 2024-25 be utilized for the South Main Street Rehabilitation Project. The South Main Rehabilitation Project includes the replacement of curb, gutter and sidewalk to meet current ADA standards on both sides of the road, and pavement mill and fill. The project limits are from Lakeport Boulevard to the southern edge of the intersection of South Main Street and 1St Street. The estimated date for completion of this project is November 2024. This project will tie into the North Main Paving Project done in 2021 and the Downtown Improvement Project done in 2016. These funds will supplement American Rescue Plan Act (ARPA) monies. Any remaining monies will be dedicated to miscellaneous roadway maintenance and rehabilitation activities citywide.

OPTIONS:

1. Adopt the proposed SB 1 resolution and project list for fiscal year 2024-25.

Meeting Date: 05/21/2024 Page 2 Agenda Item # VII.B.1.

2. Direct staff to make modifications or revisions to the proposed SB 1 Project List.

3. Take no action or take action to deny the proposed SB 1 Project List. Alternatively, the City Council could provide other direction.

FISCAL IMPACT:

None Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Note: Funds to be included in City of Lakeport 2024-25 budget.

SUGGESTED MOTION:

Move to adopt the proposed resolution approving the City of Lakeport SB 1 Project List for fiscal year 2023-24 and direct staff to submit to the California Transportation Commission.

Attachments: 1. Resolution

2. Project List

3. Projected Revenues Sheet
RESOLUTION NO. ______ (2024)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHERAS, SB1 includes accountability and transparency provisions that will ensure the residents of Lakeport are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $127,117 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City Council solicited public input from local residents at its regular meeting of May 21, 2024 in the determination of the community’s transportation priorities/project list; and
WHEREAS, the City consulted its 2022 Pavement Management Program Report to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in poor condition and this revenue will aid in the increase of the overall quality of the City’s local road system; and WHEREAS, revenue from RMRA over the next decade, together with other local revenue sources such as Measures I and Z, will aid the City in increasing the overall quality of our local road system; and
NOW, THEREFORE, BE IT RESOLVED, ORDERED AND FOUND by the City Council of the City of Lakeport, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted projects attached in Exhibit A may utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues.

3. The Clerk shall cause this resolution and attached project list (Exhibit A) to be transmitted to the California Transportation Commission under Streets and Highways Code section 2034, subdivision (a)(1).

The foregoing Resolution was passed and adopted at a regular meeting of the City Council on the 21st day of May 2024, by the following vote:

AYES:

NOES:

ABSTAINING:

ABSENT:
___________________________________
Michael Froio, Mayor
ATTEST:
_______________________________
Kelly Buendia, City Clerk
Agency Contact:

Ron Ladd
(707) 263-3578
LoCode: 5076 [email protected]
PreConstruction Construction Min. Max.

PP01
South Main Rehabilitation Replace curb, gutter & sidewalk to meet current ADA standards, mill & fill pavement
South Main St, 1st Street
to Lakeport Blvd 9/1/2023 11/1/2024 8 15
PP02
Miscelleneous roadway
maintenance activities
Mill and fill, dig-outs, pot-hole repairs and
thin lift overlays.

Lakeport Blvd to 20th St:
this area has approx 52
City maintained streets
within it 7/1/2024 6/30/2025 4 8
PP03
PP04
PP05
PP06
PP07
PP08
PP09
PP10
PP11
PP12
Summary of Proposed Project List
Project
No.

Project Title Project Description Project Location
Estimated Completion Date: Estimated Useful
Life
State of California--California Transportation Commission EXHIBIT A Senate Bill (SB) 1 Proposed Project List Form
Local Streets and Roads Program
Agency Name:

Lakeport
FY
24/25

Meeting Date: 5/21/2024 Page 1 Agenda Item # VII.C.1.

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Redevelopment Successor Agency ☐
Lakeport Industrial Development Agency ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: Resolution Authorizing Application Submittal for California Department of Housing and Community Development
Funding under the Competitive Permanent Local Housing
Allocation (CPLHA) for Parkside Residential Project
MEETING DATE: 05/21/2024
SUBMITTED BY: Joey Hejnowicz, Community Development Director PURPOSE OF REPORT: ☐ Information only ☐ Discussion ☒ Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to consider adopting a Resolution authorizing the City of Lakeport to submit an application to the California Department of Housing and Community Development for funding under the Competitive Permanent Local Housing Allocation (CPLHA) for the Parkside Residential Project and, if selected, provide authorization to the City Manager to execute a standard agreement, any amendments, and any related documents necessary to participate in the CPLHA Program and approve corresponding budget revenue and expense amendments.

BACKGROUND/DISCUSSION:

CPLHA is a program within the California Department of Housing and Community Development “HCD” and is funded under the Building Homes and Jobs Act (SB 2, 2017 or “Bill”), which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California. This Bill will provide a permanent source of funding to all local governments in California to help cities and counties implement plans to increase the affordable housing stock.

Funding will help cities and counties:
• Increase the supply of housing for households at or below 60% of area median income. • Increase assistance to affordable owner-occupied workforce housing. • Assist persons experiencing or at risk of homelessness. • Facilitate housing affordability, particularly for lower- and moderate-income households. • Promote projects and programs to meet the local government’s unmet share of regional housing needs allocation.
• Ensure geographic equity in the distribution of the funds.

HCD released a Notice of Funding Availability (NOFA) for the CPLHA Program on March 6, 2024, with applications due June 6, 2024. The NOFA provides grants to Non-entitlement Local Governments in California to assist persons experiencing or at risk of homelessness and investments that increase the supply of housing to households with incomes of 60 percent or less of area median income.

Meeting Date: 5/21/2024 Page 2 Agenda Item # VII.C.1.

The eligible activities are:

1. Development of new multifamily rental housing that is affordable to households at or below 60 percent of AMI or substantial rehabilitation of multifamily rental housing that will be affordable to households at or below 60 percent of AMI, but which is not currently restricted as affordable housing. In order to be eligible as “substantial rehabilitation”, a project must complete a minimum of $40,000 per unit in hard construction costs; or

2. Assistance to persons who are experiencing or at risk of homelessness, including, but not limited to, through rapid rehousing, rental assistance, supportive services, and case management services that allow people to obtain and retain housing, operating and capital costs for Navigation Centers, or new construction, rehabilitation, or preservation of permanent or transitional rental housing.

The maximum application amount, including administrative costs, for the development of new multifamily rental housing or substantial rehabilitation of a multifamily rental housing project, or development of a Navigation Center is $5 million. The minimum application amount shall be $500,000.

The maximum application amount, including administrative costs, for assistance through program activities is $1 million. The minimum application amount shall be $500,000. Administrative expenses may be incurred to implement the project or program activity, up to a maximum of 5% of the grant amount.

Danco Communities, an affordable housing developer with communities located throughout California, has requested that the City of Lakeport apply for the CPLHA funds to assist with the new construction of affordable apartments (Parkside Residential Project).

Parkside Residential Project Recap
The Parkside site is located in the central-west portion of the City of Lakeport, located at 1310 Craig Avenue, Lakeport, CA 95453 (Assessor’s Parcel Map No. 005-030-51), generally north of Camden Avenue and west of Wrigley Street. The Project Site comprises approximately 3.02 acres (131,378 square feet +/-) of the larger entitled Parkside Residential Project site, which is approximately 15.16 total acres. The larger Parkside project was previously evaluated in an Initial Study and Mitigated Negative Declaration prepared pursuant to the California Environmental Quality Act (CEQA) in July 2022 and adopted by the City of Lakeport on August 10, 2022.

The Parkside Residential Project is based on a 96-lot single-family residential subdivision that was originally approved by the City in 2005. Following approval of this original residential subdivision in 2005, 14 homes were constructed on the east side of the Parkside Residential Project site. The remaining vacant portion of the Parkside Residential Project site was proposed for an increase in density, which triggered the City to reevaluate the project in 2022. This revised Parkside Residential Project amended the 96-lot single-family subdivision to include 176 total dwelling units, including 48 attached single-family units and 128 multi-family units located in 6- , 8-, and 12-unit two-story buildings.

The proposed project would utilize CPLHA funds to support the construction of 64 units of affordable housing on an approximately 3.02-acre portion of the Parkside Residential Project site. Specifically, the Project would include three primary components: affordable workforce/family housing; community support services with a common area community building and auxiliary spaces; and site amenities, such as sidewalks, picnic benches, a half-court basketball court, and playground.

The 64 residential units would include 32 two-bedroom units approximately 830 square feet in size, and 32 three-bedroom units approximately 1,073 square feet in size. These units would be located in two-story structures and would have exterior patios at the ground floor units, and railed, private balconies on the secondfloor units. The residential structures would have exterior breezeway decks and ADA-compliant paths of travel Meeting Date: 5/21/2024 Page 3 Agenda Item # VII.C.1.
for ground floor units. Access to second floor units would be provided via steel stairs and concrete treads to access breezeways on the second floor.

The Parkside Residential project obtained land use entitlements in early 2023. The applicant is now eligible to submit a building permit application for the proposed apartments. However, the project developer continues to try and acquire funding resources necessary for the project, as evidenced by the CPLHA request presently. City staff are currently in the process of reviewing a Final Parcel Map for this project. However, there are additional entitlements required to fully complete the project, including a Subdivision Map, Use Permit, and Zone Change/General Plan Amendment.

Regional Housing Needs Allocation Impact (RHNA)
Lakeport’s RHNA was adopted by the Lake County/City Area Planning Council to quantify the anticipated need for housing during the 2018–2027 planning period, determining that the total additional housing need for the City of Lakeport during this timeframe is 132 housing units.

The City of Lakeport’s 6th Cycle Housing Element adopted July 7, 2020, guides decision-making, housing programs, and measures related to housing for all income levels, and builds upon State of California goals to provide safe, decent, and affordable housing for all residents of Lakeport. As such, by developing housing, the Project would help the City meet its RHNA target. In addition, the Project would specifically be consistent with Housing Goal 2, to facilitate and encourage development of housing to meet the City’s RHNA. Therefore, the Parkside Residential Project would be consistent with the goals and policies outlined in the City’s 6th Cycle Housing Element and would assist the City in meeting its housing needs, and particularly its affordable housing needs. The table below outlines the allocation goals and progress for the 2023 reporting year.

Income Level RHNA
Allocation
by
Income
Level
2019 2020 2021 2022 2023 Total
Units
to
Date
(all
years)
Total
Remaining
RHNA by
Income
Level
Very Low Deed
Restricted

31 -

34 -

34 -
Non-Deed
Restricted

-
Low Deed
Restricted

21 -

13 -

17 4
Non-Deed
Restricted

3 1

-
Moderate Deed
Restricted

21 -

2 19
Non-Deed
Restricted

2 -

-
Above
Moderate

59 -

1 -

3 1

5 54
Total RHNA
132
Total Units
-

48 5

4 1

58 77
Meeting Date: 5/21/2024 Page 4 Agenda Item # VII.C.1.

Housing Metrics
The California Department of Housing and Community Development defines each of the income levels as the following:
• Very Low-income households: 0-50% Area Median Income (AMI) • Low-Income households: 51%-80% AMI
• Moderate-Income households: 81%-120% AMI
• Above-Moderate households: Above 120% AMI
Additionally, the table below includes the Lake County Area Median Income as provided by the California Department of Housing and Community Development.

Staff Recommendation
The Parkside Residential Project aims to address the critical need for affordable housing in Lakeport and would help the City meet its Regional Housing Needs Assessment (RHNA) goals. Furthermore, it should be noted that adoption of the resolution authorizing submittal of an application under the CPLHA Program will not have any fiscal impact on the General Fund.

For all of these reasons, staff is recommending that the City Council adopt the resolution authorizing the City of Lakeport to submit an application to the California State Department of Housing and Community Development for funding under the CPLHA Program, and if selected, authorize the City Manager to execute a Standard Agreement, any amendments, and any related documents necessary to participate in the CPLHA Program and approve corresponding budget revenue and expense amendments.

OPTIONS:

1. Adopt the resolution authorizing the City of Lakeport to submit an application to the California State Department of Housing and Community Development for funding under the CPLHA Program, and if selected, authorize the City Manager to execute a Standard Agreement, any amendments, and any related documents necessary to participate in the CPLHA Program and approve corresponding budget revenue and expense amendments.

2. Do not adopt the resolution.

3. Provide alternative directions.

FISCAL IMPACT:
☒ None ☐ $25,000 Budgeted Item? ☐ Yes ☒ No
Budget Adjustment Needed? ☐ Yes ☒ No If yes, amount of appropriation increase: $ Affected fund(s): ☐ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other:

SUGGESTED MOTIONS:

Move to adopt the resolution authorizing the City of Lakeport to submit an application to the California State Department of Housing and Community Development for funding under the CPLHA Program, and if awarded, authorize the City Manager to execute a Standard Agreement, any amendments, and any related documents RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAKEPORT AUTHORIZING THE APPLICATION FOR THE
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM NONENTITLEMENT LOCAL GOVERNMENT COMPETITIVE

COMPONENT
WHEREAS, the State of California Department of Housing and Community Development (Department) is authorized to provide up to $12.5 million under the SB 2 Permanent Local Housing Allocation Program Competitive Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and
WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated 03/6/2024 under the Permanent Local Housing Allocation (PLHA) Program Competitive Component; and
WHEREAS, the City of Lakeport is an eligible non-entitlement Local government who has applied for program funds to administer an eligible activity; for Parkside Apartments and the amount of CPLHA funds not to exceed $5,000,000; and
WHEREAS, the Department may award, subject to selection criteria set forth in PLHA guidelines section 403, funding allocations for applicants recommended for funding, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA competitive grant recipients.

NOW, THEREFORE, BE IT RESOLVED that if City of Lakeport is awarded a grant of PLHA funds from the Department pursuant to the above referenced PLHA Competitive Component NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts City of Lakeport may have with the Department; and
BE IT FURTHER RESOLVED, City of Lakeport hereby agrees to use the PLHA funds for the eligible activity for which the City of Lakeport has submitted an application, as set forth in Section 401 of the Guidelines, and as awarded and approved by the Department in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the City of Lakeport and the Department ; and
BE IT FURTHER RESOLVED, Pursuant to City of Lakeport’s certification in this resolution, the PLHA funds will be expended only for the eligible Activity for which the City of Lakeport has submitted an application, and consistent with all program requirements; and BE IT FURTHER RESOLVED, City of Lakeport certifies that, if funds are awarded for the development of new multifamily housing at or below 60 percent AMI or substantial rehabilitation of multifamily rental housing at or below 60 percent of AMI, City of Lakeport shall comply with Uniform Multifamily Regulations Subchapter 19, Title 25, Division 1, Chapter 7, commencing with Section 83000 and the Multifamily Housing Program Guidelines commencing with Section 7300; and
BE IT FURTHER RESOLVED, City of Lakeport certifies that, if funds are awarded for the development of an Affordable Rental Housing Development, the City of Lakeport shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Department-approved underwriting of the Project for a term of at least 55 years; and BE IT FURTHER RESOLVED, City of Lakeport shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department; and BE IT FURTHER RESOLVED, The City Manager is authorized to execute the PLHA Competitive Component Program Application, the PLHA Competitive Component Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA Competitive Component grant awarded to Applicant, as the Department may deem appropriate.

THIS RESOLUTION was passed by the City Council of the City of Lakeport at a regular meeting thereof on the 21st day of May, 2024, by the following vote:

AYES:

NOES:

ABSTAINING:

ABSENT:
_________________________________
Michael Froio, Mayor
ATTEST:
___________________________
KELLY BUENDIA, City Clerk
The undersigned, Officer of the City of Lakeport does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City Council of the City of Lakeport which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

Meeting Date: 5/21/2024 Page 5 Agenda Item # VII.C.1.
necessary to participate in the CPLHA Program and approve corresponding budget revenue and expense amendments.
☒ Attachments:
• CPLHA Application Resolution

Lakeport City CouncilMay 21, 2024

Lakeport City Council
May 21, 2024