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Clearlake council approves fire mitigation fee ordinance amid objections from fire district
Summary
Clearlake approved Ordinance 276-2024 amending the municipal code to formalize a development fire mitigation fee, move fee calculations to a resolution, and add administrative safeguards; the local fire district objected, saying the city collected fees prematurely and the change could reduce district revenue.
Clearlake’s City Council voted unanimously to approve Ordinance 276-2024, an amendment to chapter 3, section 5 of the Clearlake Municipal Code that formalizes a development impact fee to fund fire protection services.
The ordinance moves the fee calculation into a council-adopted resolution, directs the city to collect the fee at the building-permit stage, allows an automatic annual CPI adjustment, and requires annual reporting from the fire protection district on fee receipts and expenditures. City officials said the change is intended to clarify roles and ensure compliance with the Mitigation Fee Act.
Fire District leadership urged the council to pause adoption. The Fire District Chief told the council the district objects to language that would allow the city to retain administrative costs from the fees and to a provision limiting expenditure of funds to facilities “within the city,” which the chief said is impractical because district response and equipment serve unincorporated areas as well. The chief also said the city collected fees on Oct. 3 without the district’s prior knowledge and requested the council table the ordinance to permit collaboration.
City staff and the city attorney responded that only cities, not special districts, can initiate mitigation fees and that the ordinance is meant to protect the district and city by clarifying administrative and audit responsibilities if the city collects fees. Staff acknowledged at least one previous miscalculation of fees and said coordination with the fire district on calculation and refund procedures would continue.
Councilmember Barry Slooten made the motion to adopt the ordinance, and Vice Mayor Overton seconded. The motion included direction that typographical, clerical and administrative issues be corrected ahead of the second reading and that any minor modifications be made to ensure compliance with the Mitigation Fee Act. The motion passed unanimously.
What’s next: Staff will incorporate the city attorney’s suggested cleanups before second reading and continue coordination with the fire district on calculation methods, reporting formats and administrative responsibilities.
