Memorandum
Date: July 8, 2025
To: The Honorable Eddie Crandell, Chair, Lake County Board of Supervisors
From: Susan Parker, County Administrative Officer
Subject: 9:30 A.M. - PUBLIC HEARING Consideration of a proposed Resolution approving Resolutions submitted by Lake County Fire Agencies and making Findings and Requesting the County of Lake to Implement Fire Mitigation Fees with the Automatic Inflation pursuant to the Lake County Fire Mitigation Fee Ordinance
Executive Summary:
The Mitigation Fee Act (California Government Code sections 66000, et seq.) provides authority for local governments to impose fees to offset the impacts of development on public facilities or services. The statute regulates how public agencies may collect, maintain, and spend development impact fees, including reporting requirements.
On May 21, 2024, your Board adopted Ordinance No. 3139, amending Article 1 of Chapter 27 of the Lake County Code relating to Fire Mitigation Fees. The Governing body of each Fire Agency adopts a capital fire facility and equipment plan in accordance with Government Code Section 66002, at a noticed public hearing. Agencies within the County may utilize their fire mitigation fee nexus studies as the document that includes their capital fire facility and equipment plan, per Government Section 66001(a)(2) and 66016.5.
Ordinance No. 3139 includes an Automatic Annual Inflation Adjustment clause:
The Fire Mitigation Fee will be automatically adjusted for inflation each year on July 1, commencing on July 1, 2025, without further action by the Board, by an amount equal to the percentage change of the Engineering News Record Building Cost Index (20-Cities Average) for the 12-month period ending in March before the adjustment takes place, pursuant to a resolution adopted by the Agency in accordance with Section 27-7(a) and (b).
Government Code Section 66018(a) requires a public hearing prior to approving an increase in an existing fee. This applies to any “local agency,” which is defined to include an “agency, any other municipal public corporation or district . . .” Government Code Sections 66018.5 and 66000. A noticed public hearing by the Fire Districts for this year did not occur. Since the Fire Districts’ resolutions approving the automatic adjustments under Ordinance No. 3139 would need to be approved in a noticed public hearing, staff has scheduled this noticed public hearing to have your Board approve the attached County of Lake proposed Resolution, which approved the adopted resolutions of the Fire Districts. Staff is currently researching possible amendments to Ordinance No. 3139 to make it more consistent with the public hearing requirements of Government Code Section 66018(a).
Attached please find the Resolution adopted by each Fire District making findings and requesting the County of Lake to implement fire mitigation fees with the automatic inflation pursuant to the Lake County Fire Mitigation Fee Ordinance.
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Recommended Action: Adopt Resolution approving Resolutions submitted by Lake County Fire Agencies and making Findings and Requesting the County of Lake to Implement Fire Mitigation Fees with the Automatic Inflation pursuant to the Lake County Fire Mitigation Fee Ordinance.