Approved for use 1/1/2025
166291.8
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTANT SERVICES
(City of Lakeport / De Novo Planning Group)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Lakeport, a California municipal corporation (“City”), and De Novo Planning Group, a California corporation (“Consultant”) (collectively, “parties”).
2. RECITALS
2.1 City has determined that it requires the following professional services from a consultant: To provide professional planning and consulting services to prepare the City's 7th Cycle Housing Element Update in compliance with applicable California housing laws and California Department of Housing and Community Development (HCD)
requirements. Services include project management, technical analyses, community outreach, preparation of the Housing Element and supporting documentation, coordination with City staff and HCD, and assistance through City Council adoption and HCD certification.
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3 Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1 “Agreement Administrator” means Victor Fernandez – Planning Services Manager. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant.
3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s June 26, 2026, fee schedule to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.3 “Commencement Date” means August 5, 2026.
3.4 “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is One Hundred Thirty-Eight Thousand Three Hundred Seventy-Five Dollars ($138,375.00).
3.5 “Scope of Services” means such professional services as are set forth in Consultant’s June 26, 2026, proposal to City attached hereto as “Exhibit A” and fully incorporated herein by this reference.
3.6 “Termination Date” means March 31, 2028.
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 18 (“Termination”) below. Consultant may request extensions of time to perform the Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
5. CONSULTANT’S SERVICES
5.1 Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.
5.2 Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.
5.3 Budgetary Notification. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount.
Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
5.4 Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
5.5 Professional Standards. Consultant shall perform all work to the standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
5.6 Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if such work would present a Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.
5.7 Campaign Contributions. This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024). Consultant shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form, Exhibit C, to City prior to, or concurrent with, Consultant’s execution of this Agreement and no later than the Commencement Date.
5.8 Multi-Phased Projects. Pursuant to Government Code section 1097.6, Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.
The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.
Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant, if any, pursuant to this Agreement.
5.9 Appropriate Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Beth Thompson shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
made in Consultant’s project administrator without City’s prior written consent.
5.10 Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.
5.11 Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
5.12 Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
5.13 Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
5.14 Skilled and Trained Workforce Requirement. When the use of a skilled and trained workforce is required to complete a contract pursuant to existing law, this contract is subject to such requirement and Consultant agrees to use a skilled and trained workforce.
6. SUBCONTRACTING
6.1 General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.2 Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
6.3 Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
6.4 Compensation for Subcontractors. City shall pay Consultant for work performed by its subcontractors, if any, only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.
7. COMPENSATION
7.1 General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services.
Compensation shall not exceed the Maximum Amount. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
7.2 Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and
classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.
7.3 Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
7.4 Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7.5 Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.
7.6 City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
7.7 Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in Section 11, City shall have the right to withhold payments under this Agreement to offset that amount.
8. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
and the performance of other requirements on certain “public works” and “maintenance” projects. This Agreement is subject to Prevailing Wage Laws, for all work performed under this Agreement for which the payment of prevailing wage is required by those laws. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
10. RELATIONSHIP OF PARTIES
10.1 General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
10.2 No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
10.3 Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
disability insurance, and workers’ compensation, and other applicable federal and state taxes.
11. INDEMNIFICATION
11.1 Definitions. For purposes of this Section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officers, agents, employees and volunteers.
11.2 Consultant to Indemnify City. To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or failure to comply with any provision in this Agreement.
11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise. Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City.
11.4 Attorneys’ Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
11.6 Waiver of Statutory Immunity. The obligations of Consultant under this Section 11 are not limited by the provisions of any workers’ compensation Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.
11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
11.8 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
11.9 Indemnification of CalPERS Determination. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
12. INSURANCE
12.1 Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
12.2 Documentation of Insurance. City will not execute this Agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: City of Lakeport 7th Cycle Housing Element Update
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
12.3 Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $1,000,000 per occurrence, $2,000,000 aggregate
• General Liability:
• General Aggregate: $2,000,000
• Products Comp/Op Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Each Occurrence $1,000,000
• Fire Damage (any one fire) $ 50,000
• Medical Expense (any 1 person) $ 5,000
• Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured
12.4 General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
12.5 Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
12.6 Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks.
12.7 Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for two years after the completion of the work by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
12.8 Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
before the date of the contract or the beginning of contract work. ClaimsMade Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
12.9 Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Lakeport must be endorsed as an additional insured for each policy required herein, other than Professional Errors and Omissions and Worker’s Compensation, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
12.10 Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.
12.11 Notices. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Lakeport, Attn: City Clerk, 225 Park St., Lakeport, CA 95453.
12.12 Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
12.13 Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself.
12.14 Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement.
12.15 Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
12.16 Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
insurance requirements and shall survive the expiration or early termination of this Agreement.
13. MUTUAL COOPERATION
13.1 City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
13.2 Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
Victor Fernandez
Planning Services Manager
City of Lakeport
Community Development Dept.
225 Park Street
Lakeport, CA 95453
Telephone: (707) 263-5615
Facsimile: (707) 263-8584
E-mail: [email protected]
If to Consultant:
Beth Thompson
De Novo Planning Group
1020 Suncast Lane #106
El Dorado Hills, CA 95762
Telephone: (916) 812-7927
E-mail:
[email protected]
With courtesy copy to:
Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
Mackenzie Anderson,
Lakeport City Attorney
Colantuono, Highsmith & Whatley, PC
420 Sierra College Drive, Suite 140
Grass Valley, California 95945-5091
Telephone: (530) 432-7357
Facsimile: (530) 432-7356
E-mail: [email protected]
15. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 5.13 (Records), Section 11 (Indemnification), Section 12.8 (Claims-Made Policies), paragraph 12.13 (Waiver of Subrogation), Section 13.2 (Consultant Cooperation in Defense of Claims), Section 15 (Surviving Covenants), Section 17 (Interpretation of Agreement), and Section 18 (General Provisions) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.
16. TERMINATION
16.1 City Termination. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
16.2 Consultant Termination. Consultant may terminate this Agreement for a material breach of this Agreement by the City upon 30 days’ notice.
16.3 Compensation Following Termination. Upon termination, Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination.
Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
16.4 Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.
17. INTERPRETATION OF AGREEMENT
17.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
17.2 Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and its exhibits, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.
17.3 Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
17.4 Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
17.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
this Agreement shall be valid and be enforced to the fullest extent permitted by law.
17.6 No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this Agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
18. GENERAL PROVISIONS
18.1 Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
18.2 Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
18.3 Non-assignment. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.4 Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
18.5 No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
18.6 Time of the Essence. Time is of the essence for each and every provision of this Agreement.
18.7 Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training.
Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
18.8 Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
18.9 Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
18.10 Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
18.11 Attorneys’ Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees and costs expended in the action.
18.12 Venue. The venue for any litigation shall be Lake County, California and Consultant hereby consents to sole jurisdiction in Lake County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
18.13 Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
18.14 Recitals. The Recitals are incorporated by this reference. [Signature page follows]
Professional Services Agreement — Consultant Services
Approved for use 1/1/2025
166291.8
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City”
City of Lakeport
By:________________________________
Signature
Printed: Kevin Ingram
Title: City Manager
Date:______________________
“Consultant”
De Novo Planning Group
By:________________________________
Signature
Printed: Beth Thompson
Title: Principal
Date:______________________
Attest:
By:__________________________________
Kelly Buendia, City Clerk
Date:________________________
By:________________________________
Signature
Printed: Ben Ritchie
Title: Principal
Date:______________________
Approved as to form:
By: __________________________________
Mackenzie Anderson, City Attorney
Date: __________________________
7/10/2026
7/10/2026
“EXHIBIT A”
SCOPE OF WORK
A-1
166291.8
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 2
A. Cover Letter
City of Lakeport
Community Development Department
Victor Fernandez, Planning Services Manager
225 Park Street
Lakeport, CA 95453
[email protected]
SUBJECT: Proposal to Provide Consulting Services for the 7th Cycle Housing Element Update
Dear Mr. Fernandez,
On behalf of De Novo Planning Group, thank you for the opportunity to submit this proposal to prepare the City's 7th Cycle Housing Element Update for the 2027-2035 planning period.
Based on our local experience working with Lakeport on the 4th, 5th, and 6th Cycle Housing Elements coupled with our extensive experience working with jurisdictions across California to prepare housing elements, we are confident that we can prepare your updated Housing Element for certification by the California Department of Housing and Community Development (HCD). We have enjoyed working with the City and community on previous Housing Elements and are excited for this opportunity to continue our work with Lakeport! Our team will provide the City with an energetic and dedicated group of professionals with exceptional skills and qualifications. We are 100% committed to completing this project within schedule and budget and will allocate our resources and energy in a way that will exceed your expectations. We are confident that our experience, record of success with HCD certification, and Principal-level attention to the project will prove to be extremely valuable to the City.
Looking forward to the 7th Housing Element update cycle, there are a number of factors which will inevitably influence the project. De Novo is well-versed in the body of State housing law that shapes the 7th Cycle, including the affirmatively furthering fair housing obligations of AB 686 and AB 1304, the streamlining and by-right pathways of SB 35 (as extended by SB 423), SB 9, AB 2011, and SB 6, expanded density bonus law, the suite of laws facilitating accessory and junior accessory dwelling units, no-net-loss and sites-inventory requirements, and the new 7th Cycle requirements addressing acutely low income households and disclosure of governmental constraints. We are equally familiar with HCD’s evolving review practices and the direction provided by the Governor’s Office, the California Attorney General’s Office, and HCD regarding Housing Elements and, more broadly, plans and programs to increase the State’s housing stock. We also closely monitor pending legislation to be prepared to advise our clients on upcoming opportunities and challenges.
The team is led by Principal Beth Thompson and Principal Planner Perry Banner who will serve as Co-Project Managers, providing the City with the highest level of principal attention. Our inhouse management and technical team is composed of strategic planners who value creative problem-solving and we are ready and able to respond to whatever comes our way as we work with you to update your Housing Element. We strongly believe that our principal-level attention, availability, responsiveness, and creativity will best assist Lakeport as it evaluates its Regional Housing Needs Allocation (RHNA) and ultimately updates its Housing Element for State certification.
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 3
Our proposal addresses the information requested in the City of Lakeport Request for Proposal Consulting Services for 7th Cycle Housing Element Update (RFP) issued on May 28, 2026 and reflects review of Addendum No. 1 to the RFP addressing availability of the General Plan Environmental Impact Report.
The De Novo Approach
Our approach is grounded in creative problem-solving, a solid quality control process, and strict adherence to the project schedule and budget.
■ ■ ■ Creative Problem-Solving
Planners are creative problem-solvers, and we consider ourselves particularly well-suited to this part of the job. De Novo's team values research and best practices, recognizing we often work on projects with a moving target. This is especially relevant to the current state of housing elements and housing law, where politics are playing an increasingly important role in how local jurisdictions maintain control of their local planning objectives. We believe that you know your City best and local agencies are best-suited to plan for their own housing needs. We will work with you to address local issues and concerns in creative ways that maximize local input to the extent feasible while achieving state requirements. ■ ■ ■ Strictly Adhere to the Project Schedule and Budget Our project team is fully committed to bringing the project to completion and receiving state certification in accordance with all required timelines. As outlined in our project schedule, we have adequate time for all project stages including the community engagement process, coordination with HCD, and public review.
We thrive under deadlines, and we have a track record of meeting or exceeding our project schedules. Our use of Principal-level staff throughout all stages of the project allows us to work quickly, efficiently, and produce preliminary draft documents of superior quality. Our project managers take a very active and hands-on role, and we diligently manage our team and coordinate with City staff to ensure that all parties are continuously aware of pending deadlines, outstanding tasks, and draft work products that will require staff review.
We take tremendous pride in our ability to adhere to our project budgets. Our project managers are also principals and senior managers of the firm, and to this end, we have the authority to take any steps necessary to ensure that our projects remain on budget. We strongly encourage the City to call every single one of our references and specifically inquire about the extraordinary steps we take to ensure we do not modify or exceed our budgets. This regularly includes the addition of extra meetings and hearings, the inclusion of additional technical analysis, and the allocation of staff time and resources beyond the levels identified in our proposal, at no extra charge to the City.
■ ■ ■ Extensive Housing and Local Experience
De Novo has extensive experience working with General Plans and Housing Elements. De Novo Planning Group has completed 45 Housing Element Updates, including over 20 6th Cycle updates.
Our Housing Element lead, Beth Thompson, has personally managed or served as a technical advisor for over 60 Housing Element updates and has also managed Consolidated Plans, EIRs to address identification of housing sites, development of inclusionary housing ordinances, development and management of affordable housing funding programs, zoning code City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 4
updates focused on streamlining housing requirements, and affordable housing market studies.
We are not aware of any conflicts that would limit our ability to provide the services identified in this proposal.
A unique attribute of our team is that our lead, Beth Thompson, has significant experience working with all aspects of General Plans, Zoning Codes, and CEQA documentation and brings her thorough understanding of both long-range planning and development projects to the Housing Element Update process. Beth has a deep understanding of local issues and concerns, and the City's regulatory framework and processes.
Beth is an officer with the firm, and is authorized to negotiate on the firm’s behalf and enter into a binding contract. Contact information:
Beth Thompson, Principal
De Novo Planning Group
1020 Suncast Lane #106
El Dorado Hills, CA 95762
(916) 812-7927
[email protected]
The firm offer contained in this proposal is valid for 90 days. We trust that the enclosed information is adequate for your evaluation, but should you need anything else, please do not hesitate to contact me at (916) 812-7927 or at [email protected].
We truly appreciate being considered for this project and for the opportunity to work with Lakeport.
Sincerely
Beth Thompson, Principal
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 5
Table of Contents
A. Cover Letter ..................................................................................................................................................................................... 2 Table of Contents ................................................................................................................................................................................. 5 B. Executive Summary ................................................................................................................................................................... 6 C. De Novo Planning Group Qualifications ..................................................................................................................... 8 D. Project Experience ..................................................................................................................................................................... 11 E. Project Understanding and Methodology .............................................................................................................. 14 Project Understanding ............................................................................................................................................................. 14 Project Approach .......................................................................................................................................................................... 15 Staffing ................................................................................................................................................................................................. 16 Scope of Services and Methodology .............................................................................................................................. 20 F. Schedule Of Tasks ..................................................................................................................................................................... 31 G. Budget .............................................................................................................................................................................................. 33 H. Assumptions ................................................................................................................................................................................ 35 City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 6
B. Executive Summary
Overview of the Proposal
De Novo Planning Group has submitted a comprehensive proposal to provide consulting services for the City of Lakeport's 7th Cycle Housing Element Update, covering the 2027-2035 planning period. De Novo is uniquely positioned as the ideal candidate for this project, having authored Lakeport’s 4th, 5th, and 6th Cycle Housing Elements. This structural continuity ensures that the team already possesses an intimate understanding of Lakeport’s housing conditions, General Plan structure, and regulatory framework.
The proposal outlines a total not-to-exceed budget of $138,375, which includes a base fee of $125,795 and a 10% contingency of $12,580. The project schedule initiates immediately upon contract execution on August 11, 2026, anticipates delivery of an Administrative Draft Housing Element to the City within four months, delivery of an Adoption Draft Housing Element in June 2027, and targets local adoption in July 2027, aligning with the State's statutory certification deadline of August 15, 2027.
This proposal has been prepared to address the requirements of the City’s RFP and includes the following sections:
A. Cover Letter
Table of Contents
B. Executive Summary
C. De Novo Planning Group Qualifications
D. Project Experience
E. Project Understanding and Methodology
F. Schedule of Tasks
G. Budget
H. Assumptions
Key Components of De Novo's Approach
Extensive Lakeport Housing Element Experience: De Novo Planning Group prepared Lakeport’s last three Housing Elements. Our track record with the City is exemplary and we have demonstrated our strong working relationship with HCD, our experience in preparing Housing Elements that meet the requirements of State law under deadlines, and our ability to serve as an extension of City staff for the purposes of preparing staff reports, resolutions, notices, and presentations and being the primary presenter at workshops and hearings. Beth Thompson, a Principal with De Novo, served as the Project Manager for Lakeport’s 4th, 5th, and 6th Cycle Housing Elements and is excited to continue her relationship with the City. Beth brings her strong familiarity with Lakeport, commitment to excellence, and strong adherence to budget and schedule to this 7th Cycle Housing Element Update.
Principal-Level Attention: Our key staff members have extensive experience working productively and collaboratively with HCD to clarify State requirements and address comments in an expedient, transparent manner in order to minimize the need for extra rounds of review. Unlike larger firms that delegate all technical work to junior staff, De Novo commits that Principal Beth Thompson and Principal Planner Perry Banner will be the primary authors of the Housing Element, working closely with our team, and will actively prepare and review deliverables.
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 7
Budget: We recognize that the proposed Budget represents a significant increase since Lakeport’s 6th Cycle Housing Element. The increase is due to a variety of factors that have changed the landscape of Housing Element preparation over the past six years, including AFFH analysis requirements, analysis required to demonstrate the adequacy and capacity of housing sites, a stronger community outreach component, additional rounds of revisions to the Housing Element due to the separation of the public (community) review period from the State review period, and increased scrutiny and modification requests from HCD.
Schedule: The schedule is the central challenge of this project. De Novo understands that it is vitally important to the City to have the Housing Element certified prior to the State deadline. HCD review periods have changed significantly since the City’s 6th Cycle Housing Element, which was subject to HCD and public review, but those reviews were conducted concurrently as part of HCD’s 60-day review of the draft. There is now a separate 30-day public review period and HCD’s review period for the draft element has increased to 90 days.
Beginning from an anticipated August 2026 notice to proceed, the statutory review periods alone consume half of a year (194 days) before the City’s own review time and De Novo’s preparation of the document are factored into the timeline. To deliver an element that can be submitted to HCD for certification in advance of the August 15, 2027 deadline, De Novo front-loads the technical analysis as described below. By working expeditiously on our end, engaging HCD early and informally to resolve issues before the formal comment letter, and providing modifications in track changes to expedite City review periods, we anticipate having an Adoption Draft Housing Element by the end of June 2027, with Planning Commission and City Council action occurring in early July 2027. Our schedule anticipates that local adoption will happen before the State deadline, but certification is dependent on securing an expedited turnaround from HCD.
Because HCD review has become less predictable, the schedule and budget include contingency for an additional round of revisions, and our approach depends on the City’s ability to review drafts quickly at several defined points.
Front-Loaded Analysis: Our schedule is aggressive and anticipates starting work immediately upon Notification to Proceed. We anticipate having an Administrative Draft Housing Element for the City’s review within four months of starting the project. By packaging the deliverables of Tasks 4 through 11 into a single Administrative Draft, we are able to work more quickly and avoid conflicting comments that may occur if the City is reviewing independent sections of the Housing Element without the benefit of the full analysis.
Proactive HCD Engagement: De Novo employs an interactive strategy with HCD reviewers, addressing preliminary concerns via mid-review addenda to minimize formal compliance findings, and streamline final certification. Our outreach will request expedited review of Lakeport’s adopted Housing Element and we will coordinate with the City to identify factors for HCD’s consideration in this request, such as the need for a certified Housing Element in order to be eligible for funding for housing programs or services for special needs or disadvantaged populations.
Targeted Outreach: The proposal outlines a strategic community engagement program to reflect the values and priorities across Lakeport’s various demographic segments, including methods to engage historically underrepresented economic segments, special needs groups, and tribal representatives, and providing key outreach materials in English and Spanish.
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 8
C. De Novo Planning Group Qualifications
De Novo Planning Group is a land use and environmental
planning firm specializing in community planning,
environmental studies, design, and development services for over 18 years. Since 2008, De Novo Planning Group has successfully provided long-range planning, including
General Plan and Housing Element Updates,
environmental documentation, and project review and
design services in the Sacramento, Greater Bay Area,
Central Valley, Tahoe Basin, and northern California
regions, and in 2017, opened an office in Orange County to serve southern California clients. The firm’s principal-level staff have successfully completed over 350 projects
consisting of comprehensive general plans, specific plans, housing elements, environmental impact reports, negative declarations, initial studies, NEPA analyses, climate action plans, biological assessments, wetland delineations, and development projects throughout California.
OUR MISSION
Our mission is to provide municipal and private sector
clients with world-class professional services, through principal-level attention to every project. We pride
ourselves on our ability to work with clients to balance their economic, social, environmental, legal, and political goals.
Our services result in an integrated planning and
environmental solution for every project that is technically sound, cost effective and delivered within the client's schedule.
OUR PHILOSOPHY
Our philosophy is to proactively plan and design projects in such a way that public and environmental concerns are
addressed and accommodated early in the process. We
strongly believe in the use of local knowledge for
developing sensible and cost-effective solutions to local concerns. Our solutions integrate local knowledge with the best available resources to achieve recognized national and international standards for planning and
environmental management, to achieve a balance in local economic, social, and environmental goals. De Novo
Planning Group is dedicated to fostering a partnership
with each agency we serve, through listening to the
community and stakeholders and reflecting the ideas and concerns we hear in the approach developed for each
project.
OUR SERVICE AREAS
Community Planning
General Plans
Housing Elements
Specific Plans
Zoning Codes
Public Facilitation
Grant Writing
Project Management
Application Processing
Project Review/Peer
Review
Environmental Studies
CEQA Compliance
NEPA Compliance
Biological Studies
Agricultural Studies
Air Quality Studies
Health Risk Assessments
Climate Action Plans
Sustainability Planning
Mitigation Monitoring
Permitting
Design
Land Use Plans
Visual Simulations
Subdivision Layouts
Site Planning
Design Guidelines
Development
Feasibility Studies
Due Diligence Packages
Competition Analyses
Cost Estimates
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 11
D. Project Experience
All Housing Element Updates completed by De Novo satisfied the State's requirements and received HCD review and certification letters indicating the adequacy of the documents. Our experience listed in the previous section and projects listed below includes recent Housing Element experience that demonstrates our breadth of understanding of issues that will need to be addressed by Lakeport’s 7th Cycle Housing Element. We have additional experience with Housing Element environmental review and comprehensive community engagement and would be glad to provide additional project examples and references upon request.
Project: City of Lakeport - 6th Cycle Housing Element Update Client / Location: City of Lakeport
Services Provided: De Novo completed Lakeport's 6th Cycle Housing Element under an expedited schedule in order for the City to be eligible for SB 2 funds. De Novo previously completed Lakeport’s 4th and 5th Cycle Housing Elements. The comprehensive Housing Element Update was developed to meet the requirements of State law.
Community Outreach: Community Survey, community workshop, community open house, stakeholder survey and stakeholder coordination; survey and flyers s in Spanish and English; transition to digital engagement to respond to Covid-19 requirements; adoption hearings.
Housing Element: Analysis of effectiveness of current Housing Element, housing needs assessment, inventory of residential sites, including review of environmental conditions and infrastructure availability, assessment of governmental and non-governmental constraints, assessment of assisted multifamily projects at-risk of conversion, Housing Plan, including goals, policies, implementation programs, and quantified objectives to address Lakeport's housing needs, reduce constraints, and meet the requirements of State law.
Final Cost: $31,145 *Note: Element was not subject to the more rigorous HCD review of AFFH and site analysis, which began in 2021, and was not subject to the revised public review requirements, which increase both the number of published draft documents and length of the review periods.
Contact / Reference: Kevin Ingram, City Manager
(707) 263-5615 x.104
[email protected]
Project: Amador County 6th Cycle Housing Element Update Client / Location: County of Amador
Services Provided: De Novo completed Amador County's 6th Cycle Housing Element, including an annex for the County and annexes for each of the Cities (5) to address issues unique to each jurisdiction. The comprehensive Housing Element Update was developed to meet the requirements of State law.
Community Outreach: community survey, County workshops, County open house, stakeholder survey and stakeholder coordination; survey and flyers in Spanish and English; County adoption hearings.
Housing Element: Analysis of effectiveness of current Housing Element of each jurisdiction, housing needs assessment, inventory of residential sites for individual City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 12
jurisdictions, including review of environmental conditions (conducted at the regional level) and infrastructure availability for each jurisdiction, assessment of governmental and non-governmental constraints for each jurisdiction, and assessment of assisted multifamily projects at-risk of conversion. Due to its rural nature and smaller populations of the cities/communities, limited fair housing data was available at the local level to assess AFFH issues so De Novo conducted reviewed local history, coordinated with local agencies and stakeholders to better identify AFFH conditions, and reviewed local investments and actions to identify potentially underserved areas/populations. The Housing Plan established goals, policies, implementation programs, and quantified objectives to be carried out collectively by the County/Cities as well as individual programs to be implemented by each jurisdiction to address its housing needs, reduce constraints, and meet the requirements of State law.
Final Cost: $192,975 (Amador County costs)
Contact / Reference: Chuck Beatty, Planning Director
(209) 223-6380
[email protected]
Project: City of Lathrop 6th Cycle Housing Element Update and EIR Client / Location: City of Lathrop
Services Provided: De Novo recently completed Lathrop's 6th Cycle Housing Element, consistent with the requirements of State law. De Novo previously completed Lathrop’s 4th and 5th Cycle Housing Elements.
Community Outreach: Community Survey, community workshop, community open house, stakeholder survey and stakeholder coordination; outreach materials in Spanish and English; adoption hearings.
Housing Element: Analysis of effectiveness of current Housing Element, housing needs assessment, inventory of residential sites, including review of environmental conditions and infrastructure availability and more detailed review to address 6th Cycle requirements, assessment of governmental and non-governmental constraints, assessment of assisted multifamily projects at-risk of conversion, analysis of factors affecting fair housing consistent with HCD’s 2021 AFFH Guidance Memo, and plan to affirmatively further fair housing, and Housing Plan, including goals, policies, implementation programs, and quantified objectives to address Lathrop's housing needs, reduce constraints, and meet the requirements of State law.
Final Cost: $112,290
Contact / Reference: Ric Caguiat, Community Development Director (209) 941-7260
[email protected]
Project: City of Sausalito 6th Cycle Housing Element Update and EIR Client / Location: City of Sausalito
Services Provided: De Novo completed Sausalito’s' 6th Cycle Housing Element and Amended 6th Cycle Housing Element, consistent with the requirements of State law.
Community Outreach: Housing Element Advisory Committee meetings (12 + 2 scoping meetings), Community Housing Needs and Priority Survey, Property Owners City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 13
+ Developers Survey, Property Owners Questionnaire, Town Hall workshops (3), Stakeholder survey and Stakeholder Focus Groups, stakeholder coordination; select materials in Spanish and English
Housing Element: Due to its built-out nature, extremely limited sites, and the requirement to develop the Housing Element through extensive HEAC input, Sausalito’s Housing Element process was more intensive, lengthy, and costly than is typical. The process yielded a Housing Element that reflected the desires of the community and two ballot measures were subsequently passed demonstrating community approval of the Opportunity Sites (rezoning implementation program) that required voter approval. The Housing Element included an analysis of effectiveness of current Housing Element, housing needs assessment, inventory of residential sites, including review of environmental conditions and infrastructure availability and extremely detailed review to address 6th Cycle requirements for nonvacant and mixed use sites, assessment of governmental and non-governmental constraints, assessment of assisted multifamily projects at-risk of conversion, analysis of factors affecting fair housing, including detailed assessments of AFFH issues and inventory of sites in relation to AFFH, and Housing Plan, including goals, policies, implementation programs, and quantified objectives to address Sausalito’s housing needs, reduce constraints, and meet the requirements of State law.
CEQA Document: Environmental Impact Report
Final Cost: $963,009.855 (includes Housing Element, Housing Element Amendment, Program Environmental Impact Report, Zoning Code Amendments, and Assistance with Ballot Measures)
Contact / Reference: Brandon Phipps, Assistant City Manager (415) 289-4142
[email protected]
Project: City of Ripon 6th Cycle Housing Element Update Client / Location: City of Ripon
Services Provided: De Novo was hired to complete Ripon's 6th Cycle Housing Element. De Novo previously completed Ripon’s 4th and 5th Cycle Housing Elements.
Community Outreach: Housing Needs & Priorities Survey, Community Workshop, Community Open House, Stakeholder Interviews, materials in Spanish and English; adoption hearings
Housing Element: Analysis of effectiveness of current Housing Element, housing needs assessment, inventory of residential sites, including review of environmental conditions and infrastructure availability and detailed assessment of sites including agricultural, nonvacant, and mixed use sites, assessment of governmental and nongovernmental constraints, assessment of assisted multifamily projects at-risk of conversion, research into AFFH issues, including local knowledge, historical conditions, and local plans/investments due to the smaller size of the City and limitations of Census/State data in identifying areas with inequitable housing issues/needs and underserved populations; and development of a Housing Plan, including goals, policies, implementation programs, and quantified objectives to address Ripon's housing needs, reduce constraints, affirmatively further fair housing, and meet the requirements of State law.
Final Cost: $124,120
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 14
Contact/ Reference: Ken Zuidervaart, Director of Planning, Building, and Economic Development
(209) 599-0222
[email protected]
E. Project Understanding and Methodology
Project Understanding
The City of Lakeport approaches the 7th Cycle from a position of relative strength: its 6th Cycle Housing Element was certified, and De Novo prepared that Element as well as the City’s 4th and 5th Cycle Elements. That history means the City and our team already share an understanding of Lakeport’s housing conditions, the structure of its General Plan and Zoning Code, and the programs carried forward from prior cycles. The central task of this update is therefore less about starting over than about meeting a heightened set of State requirements, accommodating a larger RHNA, and doing so within a compressed and largely fixed schedule.
Two substantive challenges shape the work. First, the City must demonstrate, through a parcel-specific sites inventory, that it can accommodate its 7th Cycle RHNA across all income categories. As a small city with limited vacant land suitable for multifamily development, Lakeport will need a realistic capacity analysis that withstands HCD scrutiny and, where a shortfall exists, a defensible rezoning program. Second, the Element must satisfy 7th Cycle requirements that were either new or less developed at the City’s last update, including affirmatively furthering fair housing, the analysis of acutely low income households, and the disclosure of recently adopted and anticipated governmental constraints. Because Census and statewide datasets are limited for a community of Lakeport’s size, the AFFH analysis in particular will rely on local knowledge, historical context, and coordination with local agencies and stakeholders, an approach De Novo has used successfully in comparably sized and rural jurisdictions.
Underlying both challenges is the schedule. The statutory review periods that govern Housing Element certification now consume the better part of a year on their own, leaving limited room for the City’s own review and for the technical work itself before the August 15, 2027 deadline.
Our methodology is built around that constraint: we front-load the sites inventory and engage HCD early so that capacity and rezoning questions are resolved before they can jeopardize the schedule; we draw on Lakeport’s documented production trends as well as regional activity to support realistic capacity assumptions; and we design a focused, bilingual (English and Spanish) engagement program that reaches the economic and special-needs segments the City is required to consult while respecting the limited staff time available in a City of Lakeport’s size. Throughout, our objective is a Housing Element that reflects the community’s priorities, is defensible under current State law, and achieves HCD certification within the required timeframe.
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 15
Project Approach
Our proposal provides the full range of services identified for a comprehensive Housing Element Update. Our work
program includes community engagement efforts to
address requirements of State law. Our approach is to
deliver an excellent Housing Element Update process to
the City that addresses the City's goals and priorities and meets the requirements of State law. As described below, the De Novo team brings the City the following unique
benefits to our technical and management approach to
the Housing Element Update which make our team
particularly well-qualified for the City's 7th cycle update. ■ ■ ■ Consistent Principal Attention
We do not identify principal staff in our proposal, then hand your project out to junior staff members to
complete for our review. Rather, our senior management
staff identified in this proposal—Beth Thompson and
Perry Banner—will work on every aspect of the Housing
Element Update, work closely with our technical team
members, and review each document we provide to the
City. Beth will be the City's day-to-day contact. Our
senior-level attention to each detail of the project
ensures a high-quality work product as well as continuity throughout the project.
■ ■ ■ Apply Our Housing Expertise
De Novo is ready to hit the ground running with the City's Housing Element update. Our work on previous Housing
Elements for Lakeport provides our team with a strong
understanding of current conditions and issues facing
the City. We have significant experience working in the housing policy and pre-development realm. Our team
members have experience with housing policy work,
from housing elements to zoning codes to consolidated
plans to affordable housing programs (e.g., inclusionary housing, ADU Handbook, affordable housing fees, etc.), as well as experience with reviewing housing development projects for compliance with General Plan and zoning requirements, as well as conducting CEQA and NEPA review for affordable and market rate housing development. The De Novo team has prepared Housing Elements throughout the State and the team members that work on the Housing Element also prepare the CEQA document. ■ ■ ■ An Extension of City Staff
The De Novo Principals have served as contract staff members and environmental coordinators for multiple public agencies throughout California, which gives us an intimate understanding of the intricacies and inner-workings of public planning agencies. Our work program includes the preparation of staff reports, meeting and presentation materials, notices, and continuous project update reports throughout the Housing Element Update process. We
RECENT HOUSING LAWS
AB 215: Increased HCD and
Public Review Periods
AB 686: Affirmatively
Furthering Fair Housing
SB 330: Housing Crisis Act
(expediting and
streamlining housing
approvals, replacement
housing obligations)
SB 1486, AB 1255: Surplus
Land for Affordable Housing
SB 6: Design and
Development of Sites
Inventory
SB 1763, AB 2372: Density
Bonus
AB 139: Emergency Shelters
SB 13, AB 68, AB 587, AB 670,
AB 671, AB 881: ADUs and
JADUs
AB 2162: Supportive Housing
Streamlined Approval
SB 35: Streamlined Housing
Approval Process
AB 678, AB 167: Housing
Accountability Act
SB 166: Strengthen No Net
Loss/Continuous Rezoning
of Housing Sites
AB 879: Additional
Constraints Analysis
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 16
understand and appreciate the burdens placed on City staff during General Plan amendments, and our goal is to make the process a pleasant and rewarding experience for the City staff team.
■ ■ ■ Local Priorities and Planning Practices
We understand that Lakeport is addressing a higher RHNA than previous cycles, limited sites for multifamily and residential development, and is also working to address development trends and State legislation related to a broad range of planning, fiscal sustainability, and economic development issues. Our work will occur in the context of these efforts and we will coordinate with City staff to identify methods to support these efforts through the Housing Element Update process. Issues that the City is addressing include its key goals for Fiscal Year 2026/2027:
South Lakeport Water Resiliency & Fire Suppression Project Succession Planning, Workforce Stability & Public Safety Staffing Rebuilding Capital Improvement Program Capacity & Project Readiness Revenue Sustainability & Fiscal Resiliency
General Plan & Housing Element Updates
■ ■ ■ Unparalleled Energy and Enthusiasm
All of De Novo’s principals greatly enjoy our line of work, and rather than spend our time managing large and cumbersome project teams, we prefer to roll up our sleeves and work on our projects ourselves. As owners of the company, we take great pride in our work products, and we strive to build a strong connection with each of our clients. The greatest compliment that our clients pay us is to invite us back to provide additional services. Providing superior products and client services is a matter of tremendous pride for us, and we bring our high level of energy, creativity and enthusiasm to each project we undertake. ■ ■ ■ Adherence to Timeline and Budget
Our project team is fully committed to delivering the Housing Element Update to the City Council for adoption in advance of the State's August 15, 2027 certification deadline. We thrive under deadlines, and we have a track record of meeting or exceeding our project schedules.
Our familiarity with Lakeport combined with active involvement of Principal-level staff throughout all stages of the project allows us to work quickly, efficiently, and produce preliminary draft documents of superior quality. Our project managers take a very active and hands-on role, and we diligently manage our team and coordinate with City staff to ensure that all parties are continuously aware of pending deadlines, outstanding tasks, and draft work products that will require staff review.
Staffing
De Novo has extensive experience working with General Plans and Housing Elements. The De Novo project team will be under the project management direction of Principal Beth Thompson and Principal Planner Perry Banner. Beth will serve as the primary contact point for the City and Beth and Perry will manage the day-to-day activities of the project through completion. Our team anticipates working closely with Lakeport's decision-makers and staff through all aspects of the project. By committing two project managers, we ensure that Beth or Perry will be available for public workshops, study sessions, and hearings. Resumes for Beth and Perry, including the details requested in the RFP for key staff members, are provided below.
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 18
EDUCATION
BS, Environmental and Resource
Science,
University of California, Davis
ORGANIZATIONS
American Planning Association
California Association of Environmental
Professionals
YEARS WITH DE NOVO
18 (Founding Member of the Firm)
Beth excels in comprehensive community planning, policy development, environmental documentation (CEQA and NEPA), with expertise encompassing general plan updates, housing element updates, policy documents, zoning/ development codes, and a diverse range of development projects. Her skills include crafting effective policy and zoning solutions, informed by substantial experience working with a broad range of communities to address planning and development goals, growth patterns, resource protection, development feasibility, and demand dynamics. Beth’s knowledge is informed by prior experience managing housing feasibility and market studies for single family and multifamily residential projects in urban and rural areas throughout the US. Beth’s environmental background includes preparing and managing EIRs for policy documents and a range of development project types from ski resort master plans to hospital facilities to subdivisions. Beth is a founding principal of De Novo Planning Group.
Beth Thompson
PRINCIPAL | PROJECT MANAGER
General Plan Updates and EIRs
City of Brentwood
City of Cotati
Colusa County
City of Ione
City of Manteca
City of Oakley
City of Pittsburg
City of Sebastopol
General Plan Update: Existing
Conditions and CEQA Documentation
City of Martinez
Town of San Anselmo
Town of Tiburon
Town of Yountville
Select Housing Element Updates
Amador City, Brentwood, Cotati, Escalon
(2), Glenn County, Half Moon Bay, Ione
(2), Indian Wells, Jackson, Lakeport (3),
Manteca, Lathrop (3), Oakley, Paradise,
Pittsburg, Plymouth, Martinez, Ripon (3),
Sebastopol, Sausalito, Sonoma, Sutter
Creek, Winters (2), Amador County,
Colusa County, Shasta County, Yolo
County
Zoning Code Updates
Colusa County
City of Ione
City of Manteca
City of Sebastopol
Yolo County
Inclusionary Housing Study
City of Manteca
Yolo County
Municipal Services Reviews
City of Manteca
City of Tracy
City of Ripon
Nevada County East County Water
Nevada County Parks and Recreation
General Plan Annual Report, Implementation Plan, and EIR Addendum City of Lakeport
Inclusionary Housing Study
City of Manteca
Yolo County
CEQA – Development Projects
Field & Pond, Yolo County
Northstar Highlands, Placer County
Northstar Village, Placer County
Silverado Village, Elk Grove
TEC Equipment, Dixon
The Ranch, Rancho Cordova
Vineyards at El Dorado Hills, El Dorado
County
Walnut 10, Winters
CEQA – Long Range Planning
Sustainability Element & CAP, Elk Grove
Housing Element EIR, Elk Grove
Housing Element EIR, Novato
Housing Element EIR, Sausalito
NEPA Documentation
Anchor Village (Stockton), Blue Mountain
Terrace (Winters), Cottage Senior
Apartments (Manteca), Veterans Square
(Pittsburg), Winters Healthcare (Winters)
RELEVANT PROJECT EXPERIENCE
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 20
Scope of Services and Methodology
The following Scope of Services details the tasks that will be performed to meet the requirements of the Scope of Services set forth in the RFP. The Housing Element Update will be developed to meet the City’s needs and priorities and to address the requirements of State law, including recent changes regarding the analysis of sites and zoning-related requirements for housing entitlements. This Scope of Work includes all tasks necessary to prepare the Update and process it through HCD and includes a Community Engagement component to assist the City in meeting State requirements for public participation.
Task 1 – Project Initiation and Management
1.1 Project Kick-off
Within one week of receipt of Notice to Proceed from the City, the De Novo team will schedule a kickoff meeting with City staff to discuss refinements to the work plan and schedule.
The work plan will be designed for Housing Element adoption and HCD certification by August 15, 2027 and will address all major stages of the project, including:
Key project milestones, responsibilities, and deliverables. Public outreach approach, including timing of workshops, meetings, and hearings. City staff review periods for each deliverable.
Response to public and HCD review.
Planning Commission and City Council hearings.
1.2 Project Management
De Novo will facilitate regular progress meetings, occurring at least monthly, with City staff via conference call or Zoom to ensure that the project is on time, on budget, and that any issues are quickly resolved.
De Novo will regularly coordinate with City staff, including via calls and emails, to communicate status of deliverables and budget, progress, and any information needed from City staff.
1.3 HCD Coordination
De Novo will coordinate directly with HCD as necessary during preparation and review of the Housing Element. De Novo will coordinate closely with HCD in order to receive a letter indicating that the updated Housing Element complies with State law. However, given the extended review time provided to HCD by recent changes to State law, De Novo does not anticipate a second formal review period by HCD prior to adoption. Our approach to working with HCD is to be very responsive to HCD’s preliminary comments and requests. HCD typically schedules a conference call with the consultant and City staff to identify concerns with the Housing Element prior to issuing its formal comment letter. We have found that by proactively discussing potential revisions during the meeting, multiple issues can be resolved and better direction is received from HCD. Following these meetings, De Novo will immediately prepare an Addenda with revised text for City and HCD staff to review and consider before the formal letter goes out. In this manner, we work to resolve issues during the review period in order to reduce the number of formal comments received from HCD and often receive review letters that indicate that the Draft Housing Element, as revised, meets the State's requirements.
Upon receipt of HCD’s formal comments, if there are any remaining issues identified by the City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 21
State, we will prepare proposed revisions and provide them to City staff for review. Throughout this project, De Novo will be available for Zoom meetings with HCD and City staff, as necessary.
HCD often requests multiple review periods or multiple revisions and HCD review became increasingly challenging as the 6th Cycle progressed. De Novo has worked effectively with HCD to have multiple Housing Elements certified with one round of HCD review prior to adoption, then revisions made in response to HCD comments as part of its review of the adoption draft. This approach requires the City to be nimble and quickly review any revisions as HCD requires all revisions to be made publicly available for at least 7 days prior to HCD submittal/review, so revisions during HCD’s review have to be well-timed and quickly executed by both the City and De Novo.
Deliverables:
• Data Request
• Project Work Plan and Schedule
• Monthly email updates with a list of action items (electronic only) Task 2 – Review of Existing Housing Element
De Novo will review the current Housing Element, General Plan, annual progress reports, and other supporting materials. We will evaluate the effectiveness of the current Housing Element, including progress made on the goals, policies, and implementation programs in the current Housing Element, barriers to implementation, and the City's progress toward the 6th cycle RHNA. The analysis will compare the objectives and anticipated outcomes stated in the Housing Element to the actual results achieved during the 6th Cycle.
Based on the effectiveness of the existing document, input from public, and communication with City staff, we will identify successful policies and programs that should be retained as well as identifying suggested revisions or replacement. This work effort will be provided as an administrative draft chapter of the 7th Cycle Housing Element and will include a narrative that discusses the: (1) actual results of the current Element compared to its goals, policies, and implementation measures; (2) significant differences between objectives and actual achievements, and (3) recommended revisions to the current Housing Element goals, policies, and programs.
Deliverable:
• Review of Existing Housing Element (stand-alone chapter of the Housing Element)
Task 3 – Public Participation and Community Engagement
Focused and meaningful community engagement is an important part of the Housing Element Update process. Government Code (GC) Section 65583(c)(7) requires: “The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element...” Moreover, the topic of "housing" is one that impacts everyone that lives or works in Lakeport and the Housing Element Update must acknowledge the community's input and find creative ways to reflect the community's vision as it meets its housing obligations. To this end, we propose a strategic community engagement process in conjunction with City staff that seeks to connect with the community and provide an opportunity for all economic segments of the community to be involved in the Housing Element Update. De Novo's public outreach efforts will reflect the City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 22
deeper level of engagement, including an emphasis on including historically underrepresented populations, that is required under State law and addresses Affirmatively Furthering Fair Housing requirements. The community input from the Housing Workshops and Survey will be reflected in the Administrative Draft Housing Element.
For each meeting, De Novo will prepare meeting materials, including a powerpoint presentation and any necessary exhibits, and will attend meetings prepared to address comments and questions on the Housing Element Update.
Task 3.1 Community Engagement Plan
De Novo will prepare a memorandum outlining the approach to community engagement, overall strategies to encourage participation by all economic segments of Lakeport, and a matrix of community engagement activities (surveys, meetings, public hearings, community events, etc. and the intended audience/population to be reached by each activity). The plan will meet the statutory requirements for public participation.
The Community Engagement Plan will identify how efforts will engage with all economic segments of Lakeport and specific stakeholder groups, including:
Residents and neighborhood groups
Affordable housing advocates
Developers and builders
Service providers
Business community representatives
Seniors
People with disabilities
Farmworkers
People experiencing homelessness
Special needs populations
Local tribal representatives
Community-based organizations.
Task 3.2 Community Workshop and Survey
De Novo will plan and provide a Community Workshop for the public. City residents, property owners, business members, and key stakeholders will be invited to participate. The Workshops will be conducted as an in-person workshop. Should the City wish to also make the workshop open to the community through its Zoom platform, De Novo will facilitate the hybrid format.
The Workshop will provide an overview of State requirements for Housing Elements, meaningful City demographics, Lakeport's RHNA, and the Housing Elements contents and framework. Workshop participants will be invited to identify housing priorities and concerns, participating in a mapping activity, and will also be invited to take an on-line survey The survey will include questions targeted to identify housing needs and priorities, including special needs and fair housing issues. The activities will be based on our review of existing conditions, including a preliminary review of housing sites. We anticipate that the survey will be available online for a minimum 30-day period to provide residents, stakeholders, and interested parties more than adequate time to view the presentation and go through the survey questions and activities. We will also provide the City with an electronic version of the survey that can be printed and made available at City Hall or via mailings and will provide a link to the survey that allows City staff to directly enter any paper copies of the survey that are received.
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 23
The workshop flyers and survey will be provided in both English and Spanish, to ensure that the virtual workshop is accessible to a broad spectrum of the community. This anticipates that the City's Zoom service accommodates multiple channels for bilingual meetings. We will coordinate with service providers to advertise the workshop via their on-site locations and web pages to increase awareness and participation.
Task 3.3 Stakeholder Survey and Interviews
We will create an on-line survey that will be advertised and available concurrently with the Community Workshops to allow stakeholders an opportunity to provide feedback on housing priorities. The survey will be posted early-on in the process and be focused on priorities and needs of special needs, disadvantaged, and at-risk populations, as well as the general needs of the community, identification of barriers or constraints to housing production or access in Lakeport, and recommended programs or policies to address the community's specific housing needs. De Novo staff will augment information collected through the surveys by conducting two stakeholder focus group sessions (each session will be conducted via Zoom or similar virtual meeting platform) to identify the primary housing needs of their service population(s), any known fair housing issues, and any barriers or constraints to housing development, including affordable housing.
Task 3.4 Website Content
De Novo will provide website content for a Housing Element page on the City’s website, including an overview of the Housing Element, graphic showing the update schedule, and highlighting opportunities for community participation.
Task 3.5 Draft Housing Element Workshop
De Novo will present the Draft 7th Cycle Housing Element prepared under Task 13.2 to the community at a workshop or open house. This can be held in association with a Planning Commission or City Council meeting, or as a separate community event. The key findings of the Housing Element will be described. New and significant revisions to the City’s housing goals, objectives, and implementation programs will be highlighted. The community will have an opportunity to provide input on the Housing Element, including housing needs, special needs groups, housing constraints, the inventory of sites, constraints to housing production, maintenance, and preservation, and AFFH. Community input will be summarized and addressed in the HCD Draft Housing Element (Task 13.3).
Community Engagement Summary: The Housing Element document will include a section that documents all outreach activities, summarizes comments received, and addresses how public input was incorporated into the Housing Element.
Deliverables:
• Community Engagement Plan (electronic copy)
• Draft Housing Element Workshop Presentation (electronic copy) • Community Housing Needs and Priorities Survey (electronic copy) • Stakeholder Survey (electronic copy)
• Website content (electronic copy)
• Community engagement summary (included in Housing Element document) City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 24
Task 4 – Housing Needs Assessment and Demographic Analysis To prepare a meaningful Housing Element, existing conditions must be understood and documented. De Novo will assess the housing needs of the City’s population based on its demographic characteristics and its existing housing inventory. The needs assessment will meet the requirements of State law, particularly Government Code Section 65583(a)(1,2), will reflect published HCD guidance, and will be based on the most recent readily available data, including the US Census (2020-2024 American Community Survey data), California Department of Finance 2026 estimates, Employment Development Department data, Department of Developmental Services data, Point in Time reports, and other federal, state, and local data sources. This work effort will address the following:
Population and household characteristics, including composition, tenure, overcrowding, and overpayment/cost burden, and trends
Employment characteristics, including major employers, and trends Income characteristics
Housing stock characteristics, including vacancy, housing types, affordability, and substandard housing conditions
Comparison of affordability of housing to City income levels Jobs/housing balance
Assisted housing projects at-risk of conversion to market-rate Note: Special needs groups, including acutely low and extremely low income households, will be addressed under Task 5.
Deliverable:
• Included as a chapter of the Administrative Draft Housing Element (Task 13.1) Task 5 – Special Needs Housing Analysis
De Novo will analyze housing needs of each of the special needs groups, consistent with the requirements of Government Code Section 65583(a)(7) including:
Acutely low income households (new requirement for the 7th Cycle)• Extremely low income households
Seniors
People with disabilities, including developmental disabilities Large families
Female-headed households
Farmworkers
Families and persons experiencing and at-risk of homelessness, including analysis of shelter beds, permanent housing solutions, and individuals needing supportive housing
The consultant shall identify housing gaps, barriers, supportive service needs, and potential housing strategies for these populations.
Deliverable:
• Included as a chapter of the Administrative Draft Housing Element (Task 13.1) City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 25
Task 6 – Regional Housing Needs Allocation (RHNA) Analysis De Novo will analyze the City’s RHNA allocation for all income categories, including acutely low, extremely low, very low, low, moderate, and above moderate. This analysis will reflect the 7th Cycle RHNA based on the Lake County/City Area Planning Council (Lake APC) Regional Housing Needs Assessment methodology (draft methodology published on March 2026). De Novo will coordinate with applicable regional agencies, such as the Lake APC, regarding assumptions that will inform the preparation of the 7th Cycle Housing Element and the final RHNA for the City of Lakeport.
This section will demonstrate the City’s ability to accommodate RHNA obligations during the planning period, reflecting the City’s Inventory of Residential Sites (Task 7), projected ADUs (Task 8), projected streamlining units (Task 7), and programs and strategies to satisfy RHNA requirements, which will inform the Housing Programs and Implementation Strategy (Task 11).
Deliverable:
• Included as a chapter of the Administrative Draft Housing Element (Task 13.1) Task 7 – Sites Inventory and Land Capacity Analysis
The Housing Element will identify available resources, including land, funding, and housing programs, available to assist in addressing the City’s housing needs. We will prepare a parcelspecific inventory that meets the requirements of Government Code Section 65583(a)(3) and 65583.2. The inventory will be based on review of the City's existing inventory, vacant sites, and review of nonvacant sites in the City for potential reuse or intensification.
The inventory of sites suitable for residential development will address the capacity of the City to accommodate its Regional Housing Needs Allocation, including the suitability of sites for lower income housing. De Novo will work with City staff to demonstrate development viability for 1) potential lower income opportunity sites that propose densities that have been successfully implemented in the City or regional jurisdictions during the 6th Cycle, and 2) for underutilized site types that have been developed or entitled in the City or regional jurisdictions during the 6th Cycle. If a shortfall of adequate sites is projected, the Housing Plan will include a program to ensure that adequate sites are rezoned in a timely manner to accommodate the City's needs in compliance with State law.
Since the City’s 6th Cycle Housing Element, requirements of State law and HCD’s guidance regarding adequacy of sites have resulted in a more stringent review by HCD of potential sites.
Our methodology for addressing the realistic capacity of vacant and nonvacant/underutilized sites and mixed-use sites as well as the distribution of sites in the context of affirmatively furthering fair housing, is consistent with HCD guidance and accepted methodologies applied in certified Housing Elements.
For nonvacant sites, the analysis will address the extent to which existing uses may constitute an impediment to additional residential development, City and regional reuse trends, development trends, market conditions and demand, and any known leases or other conditions that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, as well as incentives to encourage additional residential development on these sites.
The inventory of residential sites will identify the following for each site:
Assessor’s parcel number and address
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 26
Parcel size
General Plan land use designation
Zoning
Existing use, including whether the site is vacant or underutilized Infrastructure availability
Nonvacant sites
o Existing use, including number and type of residential units and estimated square footage of non-residential units
o Realistic units to existing units ratio
o Value of land and existing improvements, improvements to value ratio o Ownership (public or private) and, if public, any plans for disposition o Property owner interest
o Relevant incentives for development
o Consistency with local and regional development trends This effort will include GIS-based mapping of the inventory of vacant and underutilized sites, resulting in figures identifying the vacant and underutilized sites and tables that summarize the sites by type and zoning and the capacity of the inventory of sites by income level and any surplus or shortfall in relation to the RHNA.
We anticipate the City will provide us with its most recent GIS data identifying existing and proposed General Plan land use designations by parcel, zoning by parcel, and location of infrastructure and the most recent assessor roll data, including APN, address, parcel size, ownership, existing use of the parcel, and value of the land and improvements.
Financial and other resources available for development, rehabilitation, maintenance, and preservation of housing, including housing for special needs groups, and to assist persons and households with obtaining housing, such as homeownership and rental assistance programs.
The analysis will address opportunities for residential energy conservation, including weatherization and energy efficiency improvements.
Deliverable:
• Included as a chapter of the Administrative Draft Housing Element (Task 13.1) Task 8 – Accessory Dwelling Unit (ADU) Analysis
De Novo will analyze historic ADU and JADU production trends and evaluate the City’s ability to count ADUs toward RHNA obligations consistent with State law. Our analysis will anticipate an increase in RHNA production based on strategies to encourage ADU production, including reducing or removing potential barriers to ADUs, and ADU affordability. As part of Task 10, the analysis will address potential constraints or barriers to ADU development, including zoning, parking, permitting processes, fees, and infrastructure limitations.
Deliverable:
Included as a section of the Administrative Draft Housing Element (Task 13.1) Task 9 – Affirmatively Furthering Fair Housing (AFFH)
This is a new requirement since the City's adoption of the 6th Cycle element. This section will based on the HCD's AFFH Guidance Memo and the State's AFFH Data Viewer to identify City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 27
demographic, socioeconomic, and other housing-related characteristics. The Fair Housing Assessment will include:
A summary of fair housing issues in Lakeport and an assessment of the City's fair housing enforcement and fair housing outreach capacity
An analysis of available federal, state, and local data and knowledge to identify:
o Integration and segregation patterns and trends, including trends based on age (seniors), familial status (female-headed households), disability, race/ethnicity, income, and poverty concentrations ,
o Racially or ethnically concentrated areas of poverty, o Disparities in access to opportunity, including employment, education, environment/health, and transportation factors,
o Disproportionate housing needs within Lakeport, including displacement risk, Factors that contribute to these fair housing issues, including any local knowledge of redlining, racially-restrictive covenants, and other factors that may have influenced any identified issues, and
Meaningful policies and programs/actions in the Housing Plan to affirmatively further fair housing through addressing identified fair housing issues and promoting equitable access to a variety of housing types in areas with higher resources and opportunity
Deliverable:
• Included as a chapter of the Administrative Draft Housing Element (Task 13.1) Task 10 – Housing Constraints and Resources Analysis
Constraints to upon the maintenance, improvement, or development of housing to meet the City's housing needs will be identified, consistent with the requirements of Government Code Section 65583(a)(5,6). The analysiswill address governmental constraints (land use controls, parking standards, site improvement requirements, etc.) and non-governmental constraints (environmental, market demand, availability of land, availability of financing, etc.). De Novo will carefully review the City's General Plan policies and standards, zoning requirements, development standards, historic preservation requirements, development fees, and permit processing procedures to identify potential constraints to housing development, including housing for lower income households and special needs groups. The analysis will also consider infrastructure constraints.
The analysis will address whether the City’s zoning, sites, and standards are adequate to accommodate a variety of housing types, including single family housing, multifamily housing, manufactured housing/mobile homes, mobile home parks, emergency shelters and lowbarrier navigation centers, transitional housing, supportive housing, housing for persons with disabilities, farmworker housing, and single-room occupancy units.
Non-governmental constraints, including market conditions, availability of financing, and construction costs will be addressed.
De Novo will review the City's policies, fees, and processes to identify if modifications need to be made to address recent changes to State law, including recent laws related to accessory dwelling unit standards and fee exemptions, low barrier navigation centers, supportive housing, by right provisions for specific housing types, and streamlining (SB 330, SB 35, SB 9, AB 130, AB 2011, etc.) requirements, where applicable to Lakeport. De Novo will develop City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 28
programs to reduce constraints including through regulatory reform, where appropriate and feasible, and to promote increased housing production.
The analysis will include a disclosure statement addressing governmental constraints, including new, amended, or revised, that have been adopted after the due date of the 6th Cycle Housing Element and any anticipated to be adopted within the first three years of Housing Element adoption/substantial compliance (new requirement for 7th Cycle).
Task 11 – Housing Programs and Implementation Strategy (Housing Plan) De Novo will present goals, objectives, policies, and implementation programs to address identified housing needs and constraints, consistent with the requirements of Government Code Section 65583(b,c). This will carry forward successful goals, policies, and measures identified in the adopted Housing Element and will provide focused updates where necessary to address the requirements of State law. Revisions to the Housing Plan will be developed to address the City’s housing needs while also remaining relevant to the City's character and protecting resources that are important to the City. The Housing Plan will address the following issues at a minimum:
Conserve and Improve Existing Housing Stock
Promote Housing Opportunities for All Persons in the City, including provision of adequate sites to accommodate the Regional Housing Needs Allocation, development of housing to meet the needs of lower- and moderate-income households
Affirmatively Furthering Fair Housing
Address Housing Needs of Special Needs Populations
Preserve Assisted Housing
Regional Housing Needs Determination and Quantified Objectives General Plan and Zoning Consistency
Removal of Constraints (where appropriate and feasible) The Housing Plan will identify sustainable housing policies and programs, based on City staff, public and stakeholder input, City guidance, and the needs identified in the needs and constraints analysis. De Novo will meet with City staff to discuss the proposed revisions to the City’s existing goals, policies, and programs, and De Novo will also present for discussion additional policies and strategies that fit the unique needs and character of Lakeport.
Implementation programs will address both short-term and long-range strategies and may include rezoning strategies, development controls, regulatory updates, affordable housing production incentives, measures to implement State laws, including encouraging ADUs, JADUs, and SB9 units, constraint-removal programs, preservation strategies, fair housing initiatives, strategies to promote and accommodate special needs housing, housing assistance, housing preservation and rehabilitation, and sources of affordable housing funding.
The implementation measures will identify responsible party for implementation (City department, agency, etc.), a realistic timeframe for implementation, funding sources., and measurable outcomes/objectives. Where appropriate, program phasing will be identified.
Implementation measures will reflect recent legislation.
The Housing Plan will identify any necessary amendments to the Zoning Code, design guidelines and requirements, and other adopted local documents to achieve compliance with State law.
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 29
We will review proposed policies and implementation measures for internal consistency with all elements of the City’s General Plan and, if necessary, identify amendments to other General Plan elements in order to create consistency with the updated Housing Element.
Deliverable:
• Included as a chapter of the Administrative Draft Housing Element (Task 13.1) Task 12 – Environmental Review Support
De Novo will provide technical assistance and supporting documentation necessary for CEQA compliance associated with adoption of the Housing Element update and any related rezoning efforts. De Novo will prepare a brief Initial Study to identify the level of environmental review necessary. It is anticipated that the appropriate CEQA documentation will be a Notice of Exemption. Should a Mitigated Negative Declaration or Environmental Impact Report be necessary, De Novo will provide the City with a scope of work for the additional environmental review.
Task 13 – Drafting, Hearings, HCD Coordination, and Final Adoption De Novo is committed to providing the City with a useful and understandable 7th Cycle Housing Element that embodies the goals and priorities of the City and is consistent with State requirements.
Task 13.1 Administrative Draft Housing Element
De Novo will prepare an Administrative Draft Housing Element for City staff review. The Administrative Draft will include an introduction, the chapters prepared through Tasks 2 and 4 through 11, and a summary of community input provided through Task 3.
Task 13.2 Public Review Draft Housing Element
Following the City's review of the Administrative Draft, we will incorporate the City's comments on the Administrative Draft Housing Element and create a Draft Housing Element for a 30-day public review period. Prior to release of the Draft Housing Element, City staff will be provided a Screencheck Draft for review to ensure all comments have been addressed. De Novo will prepare a Notice of Availability of the Public Review Draft Housing Element that describes changes to the Housing Element and notifies interested parties of such changes consistent with Government Code Section 65585(b)(2).
Task 13.3 HCD Review Draft Housing Element
Following the public review period of the Draft Housing Element, De Novo address feedback provided by the community and decision-makers and the workshop with decision-makers.
Prior to release of the Adoption Draft Housing Element, will incorporate public comments into the document, including a summary of comments received and a discussion of how/whether comments were addressed in the revisions to the Housing Element. De Novo will prepare a HCD Review Draft Housing Element for the 90-day HCD review period. Prior to release of the HCD Review Draft Housing Element, City staff will be provided a Screencheck Draft for review to ensure all comments have been addressed. De Novo will submit the Draft Housing Element to HCD.
As described under Task 1.3, HCD review has become increasingly challenging and De Novo will work proactively to streamline the review and address HCD comments during the review period, to the extent feasible. De Novo will coordinate directly with HCD and will prepare revisions to address certification requirements in response to HCD comments. Our approach City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 30
to working with HCD is to be very responsive to HCD’s preliminary comments and requests.
HCD typically schedules a conference call with the consultant and City staff to identify concerns with the Housing Element prior to issuing its formal comment letter. We have found that by proactively discussing potential revisions during the meeting, multiple issues can be resolved and better direction is received from HCD. Following these meetings, De Novo will immediately prepare an Addenda with revised text for City and HCD staff to review and consider before the formal letter goes out. In this manner, we work to resolve issues during the review period in order to reduce the number of formal comments received from HCD and expedite the review process.
Task 13.4 Adoption Draft Housing Element
Upon receipt of HCD’s formal comments, if there are any remaining issues identified by the State, we will prepare proposed revisions and a matrix addressing how each comment was addressed and provide them to City staff for review as part of the Adoption Draft Housing Element. City staff will be provided a Screencheck version for review to ensure all comments have been addressed prior to publication of the Adoption Draft Housing Element for Planning Commission and City Council consideration.
Task 13.5 Adoption Hearings
Upon completion of the Adoption Draft Housing Element, De Novo will present the Housing Element to the Planning Commission and City Council for consideration. De Novo anticipates that one public hearing will be held with each body for review and adoption of the Housing Element. We will prepare a brief staff report and powerpoint presentation for each public hearing. We will prepare the adoption resolution to address consistency with the requirements of State law, include required findings for nonvacant sites, to demonstrate how HCD’s comments were incorporated into the adopted element, and to include a provision for minor modifications to the Housing Element to address HCD comments.
Task 13.6 Final Housing Element (Adopted)
Following City Council adoption, we will revise the Housing Element to include any revisions directed by the Council. De Novo will update the cover page of the City's General Plan to reflect the adoption date of the Housing Element.
De Novo will prepare the transmittal memo for submission of the Final Housing Element and adopting resolution to HCD for review for certification. De Novo will provide supporting information requested by HCD during its review. De Novo anticipates that the Final Housing Element will reflect any recommended revisions developed through Tasks 1.3, 13.3, and 13.4 that address HCD's comments to ensure certification of the Housing Element. In our experience, the Final Housing Element is prepared to address all HCD comments that were provided during the 90-day State review period and typically requires one round of minor revisions in coordination with information State comments during this final step in the certification process. As described under Task 1.3, HCD review has become increasingly challenging and De Novo will work proactively to expedite review and address HCD comments to the extent feasible.
De Novo will remain engaged through the final HCD certification of the Housing Element.
While we anticipate that the adopted Housing Element will address the requirements of State law, De Novo recognizes that State law related to housing changes on a regular basis and HCD's application of State law evolves over time. Therefore, we have included a contingency
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 33
G. Budget
Our budget proposes to complete the Scope of Work for a not-to-exceed sum of $138,375. We have provided our budget broken down by task below.
Cost Saving /Efficiencies
1. De Novo recognizes the cost-savings associated with virtual participation in meetings. a. We anticipate that the kick-off meeting for the Housing Element Update and monthly project management meetings will be conducted virtually. b. We anticipate that the Community Workshop (1) and Public Hearings (2) will be conducted in-person; additional costs savings would occur with De Novo’s virtual attendance at these meetings.
c. The cost savings with virtual participation in a portion of meetings is reflected in our budget.
2. Our budget anticipates that all documents will be submitted electronically as reproducible PDFs, resulting in cost-savings through elimination of printed copies and mailing. De Novo does not bill for mileage, resulting in elimination of direct costs from our proposal.
3. De Novo will be glad to consider other cost-saving options identified by the City of Lakeport as part of the Proposal review and Consultant selection process.
City of Lakeport
Consulting Services for the 7th Cycle Housing Element Update DE NOVO PLANNING GROUP 35
H. Assumptions
Regulatory Volatility and HCD Discretion
The state Housing Element review process operates within an evolving regulatory landscape characterized by shifting internal HCD expectations and practices and varying interpretations by individual HCD state staff members. HCD’s current evaluation practices have become increasingly complex and burdensome, frequently resulting in findings, comments, or technical demands that may exceed the explicit statutory requirements of California Housing Element law.
While De Novo utilizes our deep institutional experience to anticipate compliance thresholds, local jurisdictions routinely find it necessary to address these requests to maintain project momentum and secure eventual certification. Because these HCD dynamics and increasingly higher expectations are completely outside the control of De Novo, there may be unexpected HCD directives, multi-stage revision demands, timing of State comments that do not allow adequate time for the City and De Novo to make and publish revisions in time for HCD to consider the comments prior to issuance of a letter, and other HCD review parameters that may directly impact the level of technical work required during review periods and may fundamentally affect strict adherence to the projected project schedule. While De Novo will work diligently to assist the City in meeting the regulatory certification deadline, unforeseen expansions of work driven by external regulatory factors may occur and the project schedule will be updated to address such occurrences. We anticipate that the project budget, including contingency, will be adequate to address additional analysis that may be requested by HCD.
HCD Review Cycles
The Scope of Work and Budget assume up to two (2) rounds of formal HCD review (one 90- day review of the Public Review Draft and one 60-day review of the Adopted Element).
Findings or requests by HCD that result in additional formal review cycles resulting from shifting state evaluation criteria or policies outside the De Novo's control will be treated as extra work and funded via the project's 10% contingency budget and the Schedule of Tasks will be updated accordingly.
Staffing & Fiscal Reallocation
De Novo Planning Group retains complete operational flexibility to reallocate staff hours and budget across designated internal personnel and tasks as needed to maximize project efficiency and effect project completion, provided the final cost does not exceed the total Agreement ceiling of $138,375.
“EXHIBIT B”
APPROVED FEE SCHEDULE
B-1
166291.8
“EXHIBIT” C
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
166291.8
166291.8
CAMPAIGN CONTRIBUTION
DISCLOSURE PROVISIONS
Cities are subject to the campaign disclosure
provisions detailed in Government Code Section
84308.
Please carefully read the following information to
determine if the provisions apply to you. If you
determine that the provisions are applicable, the
Campaign Disclosure Form must be completed and
returnedtothe Citywithyourapplication.
1. No City councilmember or commissioner shall
accept, solicit, or direct a contribution of more than
$500 from any party,1 financially interested
participant,2 or agent3 while a proceeding is
pending or for 12 months subsequent to the date a
final decision is rendered by the City. This
prohibition commences when your application has
been filed, or the proceeding is otherwise initiated.
2. A party to a City proceeding shall disclose on the
recordoftheproceeding any contribution ofmore than
$500 made to any councilmember or commissioner by
the party, or agent, during the preceding 12 months.
No party to or participant in a City proceeding shall
make a contribution of more than $500 to a
councilmember or commissioner during the
proceeding and for 12 months following the date a final decision is rendered by the City. No agent to a party
or participant shall make a contribution in any
amount to a councilmember of commissioner during
the proceeding and for 12 months following the date a
final decision is rendered by the City.
3. Prior to rendering a decision on a City
proceeding, any councilmember or commissioner
who received contribution of more than $500 within
the preceding 12 months from any party, or agent, to
a proceeding shall disclose that fact on the record of
the proceeding, and shall be disqualified from
participating in the proceeding. However, if any
councilmember or commissioner receives a
contribution that otherwise would require
disqualification, andreturns the contribution within30
days of making the decision, or knowing about the
contribution and the relevant proceeding,
whichever comes last, that councilmember or
To determine whether a campaign contribution of
more than $500 has been made by you or your
agent to a councilmember or commissioner
within the preceding 12 months, all
contributions made by you or your agent during
that period must be aggregated.
Names of current City councilmembers and
commissioners are available on the City’s website. If
you have questions about Government Code
Section 84308, FPPC regulations, or the Campaign
Disclosure Form, please contact the City Clerk.
CAMPAIGN CONTRIBUTION
DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent
who has contributed more than $500 to any
councilmember or commissioner within the preceding
12 months:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(b) Date and amount of contribution:
Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to
whom contribution was made:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.
Professional Services Agreement
(City of Lakeport / [Company or Individual])
166291.5
166291.8
commissioner shall be permitted to participate in the
proceeding.
1 “Party” is defined as any person who files an
application for, or is the subject of, a proceeding.
2 “Participant” is defined as any person who actively
supports or opposes a particular decision in a proceeding. 3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who
appears before or otherwise communicates with the City
for the purpose of influencing the proceeding. If an
individual acting as an agent also is acting as an
employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are
agents. When a closed corporation is a party to a
proceeding, the majority shareholder is subject to these provisions.
Printed Name
Signature
Date
Phone
To be completed by City:
Document No:
______________________________
Beth Thompson
7/10/2026
916-812-7927
Professional Services Agreement
(City of Lakeport / [Company or Individual])
166291.5
166291.8
CAMPAIGN CONTRIBUTION
DISCLOSURE PROVISIONS
Cities are subject to the campaign disclosure
provisions detailed in Government Code Section
84308.
Please carefully read the following information to
determine if the provisions apply to you. If you
determine that the provisions are applicable, the
Campaign Disclosure Form must be completed
and returned to the City with your application.
4. No City councilmember or commissioner shall
accept, solicit, or direct a contribution of more
than $500 from any party,1 financially interested
participant,2 or agent3 while a proceeding is
pending or for 12 months subsequent to the date a
final decision is rendered by the City. This
prohibition commences when your application
has been filed, or the proceeding is otherwise
initiated.
5. A party to a City proceeding shall disclose on the
record of the proceeding any contribution of more
than $500 made to any councilmember or
commissioner by the party, or agent, during the
preceding 12 months. No party to or participant in
a City proceeding shall make a contribution of
more than $500 to a councilmember or
commissioner during the proceeding and for 12
months following the date a final decision is
rendered by the City. No agent to a party or
participant shall make a contribution in any
amount to a councilmember of commissioner
during the proceeding and for 12 months
following the date a final decision is rendered by
the City.
6. Prior to rendering a decision on a City proceeding,
any councilmember or commissioner who
received contribution of more than $500 within the
preceding 12 months from any party, or agent, to
a proceeding shall disclose that fact on the record
of the proceeding, and shall be disqualified from
participating in the proceeding. However, if any
councilmember or commissioner receives a
To determine whether a campaign contribution of
more than $500 has been made by you or your agent
to a councilmember or commissioner within the
preceding 12 months, all contributions made by you
or your agent during that period must be
aggregated.
Names of current City councilmembers and
commissioners are available on the City’s website. If
you have questions about Government Code Section
84308, FPPC regulations, or the Campaign Disclosure
Form, please contact the City Clerk.
CAMPAIGN CONTRIBUTION
DISCLOSURE FORM
(e) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent who has contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:
4. ____________________________________
5. ____________________________________
6. ____________________________________
(f) Date and amount of contribution:
Date Amount $
Date Amount $
Date Amount $
(g) Name of councilmember or commissioner to whom
contribution was made:
4. ____________________________________
5. ____________________________________
6. ____________________________________
(h) I certify that the above information is provided to the best of my knowledge.
Printed Name
Signature
Date
Phone
Ben Ritchie
7/10/2026
(916) 949-3231
Professional Services Agreement
(City of Lakeport / [Company or Individual])
166291.5
166291.8
contribution that otherwise would require
disqualification, and returns the contribution
within 30 days of making the decision, or knowing
about the contribution and the relevant
proceeding, whichever comes last, that
councilmember or commissioner shall be
permitted to participate in the proceeding.
1 “Party” is defined as any person who files an
application for, or is the subject of, a proceeding.
2 “Participant” is defined as any person who
actively supports or opposes a particular decision
in a proceeding.
3 “Agent” is defined as a person who represents a
party in connection with a proceeding for
compensation who appears before or otherwise
communicates with the City for the purpose of
influencing the proceeding. If an individual acting
as an agent also is acting as an employee or
member of a law, architectural, engineering, or
consulting firm, or a similar entity or corporation,
both the individual and the entity or corporation
are agents. When a closed corporation is a party to
a proceeding, the majority shareholder is subject to
these provisions.
To be completed by City:
Document No: ______________________________
Meeting Date: 08/04/2026 Page 2 Agenda Item # VII.C.1.
Parklands
On July 4, 2026, the City of Lakeport hosted its annual Independence Day celebration at Library Park and Xabatin Community Park. To ensure public safety, the Lakeport Police Department deployed its entire available staff and was supplemented by mutual aid personnel from numerous allied law enforcement agencies, providing a total deployment of more than 30 sworn officers.
The Lakeport Fire Protection District partnered with the Police Department under a Unified Command structure operating from City Hall. Fire personnel maintained a presence within the Command Post alongside dispatch personnel and staged resources to provide an immediate response should fire or medical emergencies arise.
As in prior years, the designated Safe and Sane fireworks discharge area was established at the east end of Fourth Street.
Overall, the celebration was peaceful and required relatively limited enforcement activity. The primary incidents consisted of isolated illegal fireworks violations, one reported theft, and one trespassing incident involving a violation, an individual with an outstanding arrest warrant and of a court-issued restraining order. Illegal fireworks activity in and around the parklands, including the designated Fourth Street Safe and Sane fireworks area, was lower than typically observed in previous years. The combined presence of Lakeport Police personnel and mutual aid officers provided an effective law enforcement presence that supported timely enforcement of criminal activity while maintaining a safe environment for attendees.
Legal Fireworks (Safe and Sane)
Overall compliance with California's Safe and Sane fireworks regulations was favorable.
A limited number of public safety concerns were observed involving the discharge of Safe and Sane fireworks outside the City's designated legal discharge area. Additionally, some individuals continued to ignite Safe and Sane fireworks after the legal discharge period ended at 11:00 p.m. These incidents were fewer than typically experienced, and, in most cases, individuals voluntarily complied when contacted by law enforcement personnel.
Following the conclusion of fireworks sales, community organizations operating fireworks stands made a commendable effort to clean their sales locations and surrounding areas, resulting in minimal post-event cleanup concerns.
Illegal Fireworks
Although illegal fireworks continued to present a public safety concern, their use declined significantly compared to previous years.
Reports and officer observations confirmed illegal fireworks activity in several areas of the city throughout the evening of July 4, with the highest concentrations occurring near the Safeway Shopping Center, Will-O-Point Resort, and along the lakeshore corridor between First Street and Clear Lake Avenue. Officers responded to reported violations as operational priorities and available staffing permitted.
Due to ongoing staffing limitations, the Police Department and Fire Protection District were unable to assemble a dedicated illegal fireworks enforcement team this year. However, additional law enforcement mutual aid resources provided through CAL FIRE allowed for the deployment of a two-person undercover enforcement team focused specifically on illegal fireworks prevention and enforcement.
Meeting Date: 08/04/2026 Page 3 Agenda Item # VII.C.1.
The reduction in illegal fireworks activity was reflected in both officer observations and a significant decrease in fireworks-related calls for service. Enforcement efforts resulted in one citation for possession of illegal fireworks, one District Attorney complaint request for illegal fireworks ignition, and the seizure of approximately 40 to 50 pounds of illegal fireworks for confiscation and destruction.
Notably, there was 1 grass fire reported around Campbell Lane that was attributed to fireworks activity and required response by the Lakeport Fire Protection District.
Overall, despite reduced staffing resources, coordinated enforcement efforts, strong mutual aid support, and a measurable decline in illegal fireworks activity contributed to a safer Independence Day holiday throughout the City of Lakeport.
OPTIONS:
Discuss as necessary, review and file report.
FISCAL IMPACT:
☐ None ☒ $3,000 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:
Comments:
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 receive and file the 2026 police after-action report on the Independence Day Fireworks Operations. ☐ Attachments: