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File #: 25-757    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 7/18/2025 In control: BOARD OF SUPERVISORS
On agenda: 8/5/2025 Final action:
Title: 9:30 A.M. - PUBLIC HEARING Consideration of Resolution approving Resolution No. 2025-5 submitted by Northshore Fire Protection District 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 FY2025/2026
Sponsors: Administrative Office
Attachments: 1. Reso_NorthshoreFireMitFee_08052025_CC signed, 2. NSFPD Reso 2025-5_Amend 2025 fees, 3. NFPD Reso 2024-35_2025 fees, 4. 23003 Northshore FPD Fire Mitigation Fee Nexus Study Report - Final, 5. Ordinance 3139_FireMit_Admin - signed, 6. Chapter 27 Mitigation Fees, 7. Notice_Fire Mitigation Fees_Northshore 2025
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Memorandum

 

 

Date:                                          August 5, 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 Resolution approving Resolution No. 2025-5 submitted by Northshore Fire Protection District 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 FY2025/2026

 

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 Northshore Fire Protection District did not occur this year. Since the Districts’ resolution 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 County of Lake Resolution approving Resolution submitted by Northshore Fire Protection District.  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 Northlake Fire Protection 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. 

 

If not budgeted, fill in the blanks below only:

Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ 

 

Purchasing Considerations (check all that apply):                                           Not applicable

Fully Article X. <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI>- and/or Consultant Selection Policy <http://lcnet.co.lake.ca.us/Assets/Intranet/Policy/Policies+$!26+Procedures+Manual/Ch4_2021v2.pdf>-Compliant (describe process undertaken in “Executive Summary”)                     

Section 2-38 <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI> Exemption from Competitive Bidding (rationale in “Executive Summary,” attach documentation, as needed)                     

For Technology Purchases: Vetted and Supported by the Technology Governance Committee <http://lcnet.co.lake.ca.us/Assets/Intranet/Intranet+Forms/Information+Technology/AdvPlan.pdf> (“Yes,” if checked)

Other (Please describe in Executive Summary)

 

Consistency with Vision 2028 <http://www.lakecountyca.gov/Government/Directory/Administration/Visioning/Vision2028.htm> (check all that apply):                                                                Not applicable

Well-being of Residents                                           Public Safety                                                                Disaster Prevention, Preparedness, Recovery                     

Economic Development                                           Infrastructure                                                                County Workforce                     

Community Collaboration                      Business Process Efficiency                      Clear Lake                                                               

 

Recommended Action: Adopt Resolution approving Resolution No. 2025-5 submitted by Northshore Fire Protection District 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 FY2025/2026.