REQUEST FOR QUALIFICATIONS AND PROPOSALS
for
HYDROLOGICAL, BIOLOGICAL, BOTANICAL, CULTURAL, AND COST PLANNING STUDY
for the
FORBES CREEK NEIGHBORHOOD IMPROVEMENT PROJECT
CITY OF LAKEPORT
Doug Grider, Public Works Director City of Lakeport 225 Park Street Lakeport, CA 95453
Funded by Community Development Block Grant Program
February 22, 2021
Table of Contents
I. BACKGROUND...... 2 A. Introduction ...... 2 B. Background ...... 2 II. PROJECT DESCRIPTION ...... 2 III. SCOPE OF WORK...... 3 IV. PROPOSAL REQUIREMENTS ...... 5 A. Identification of Prospective Consultant ...... 5 B. Management ...... 5 C. Personnel ...... 5 D. References ...... 5 E. Sub-consultants ...... 5 F. Methodology ...... 5 G. Schedule of Tasks ...... 6 H. Budget ...... 6 I. Signature ...... 6 V. CONSULTANT AWARD ...... 6 A. Proposal Review ...... 6 B. Selection Criteria ...... 7 C. Contract Award ...... 7 VI. GENERAL INFORMATION ...... 7 A. Proposal Submittal...... 7 B. Late Submittals ...... 7 C. Modification or Withdrawal of Proposals ...... 8 D. Consultant Selection Schedule ...... 8 E. Work Schedule ...... 8 F. Property Rights ...... 8 G. Amendments to Request for Proposals ...... 8 H. Funding and Grant Requirements ...... 8 I. Non-commitment of the City of Lakeport ...... 9 J. Questions ...... 9 K. Affirmative Action ...... 9 L. Disputes Relating to Proposal Process ...... 9
Appendix Exhibit A Sample Professional Services Agreement–City of Lakeport Exhibit B Forbes Creek Neighborhood Improvement Study by RBF Consulting dated May 2012 Exhibit C Storm Drainage Master Plan by Barrett, Harris & Associates dated June 1980
I. BACKGROUND
A. Introduction The City of Lakeport is seeking a qualified professional firm to perform a planning study relating to drainage requirements in the Forbes Creek Neighborhood. The firm will analyze the hydrology of the drainage basis and examine the adequacy of the various existing facilities, identify deficiencies, propose potential locations for detention facilities, and provide design flows for each reach of the system from the headwaters to Clear Lake. The review will include street drainage features and make recommendations regarding the location of various street improvements including drainage facilities including inlets, culverts, curb, gutter, cross gutters as well as sidewalks and paving. The focus of the potential improvements is drainage related.
The environmental, botanical, and cultural study shall focus on outlining specific elements at each location which will require additional studies during the design of the recommended improvements. Special focus shall be placed on existing and potential detention facilities.
B. Background In May 2012, RBF Consulting provided a report for this neighborhood. A copy of the report is available as indicated in the reference documents section of this proposal. The report is attached as an Appendix. The purpose of this study was stated as follows:
The purpose of this study is to provide recommendations for improving the Forbes Creek neighborhood while preserving the characteristics that residents value. The study not only outlines street, drainage, and sidewalk improvements, but also offers creative solutions to neighborhood issues and provides a realistic implementation program. Furthermore, as the first neighborhood study in Lakeport, it provides a basis for understanding how the city’s residential areas may be improved and maintained.
A Storm Drainage Master Plan was prepared in June 1980 by Barrett, Harris & Associates. An electronic copy of the study is available as indicated in the reference documents section of this RFP. The study has not been updated. This study shall update and replace this older master study for the study area. The report shall include all branches and feeders to Forbes Creek including those to the north and south of the study area. On the downstream end, the study will extend east beyond Forbes Street past Main Street to Clear Lake. However, the proposed improvements including detention facilities shall include the entire drainage area. Improvements relating to street features including culverts, drainage structures, curb, gutters, sidewalks and pavement shall be limited to the original study neighborhood boundary areas.
II. PROJECT DESCRIPTION
INTRODUCTION The project has three distinct tasks: Hydrological Study; Analysis of Biological, Botanical and Cultural Resources; and Cost Estimates.
Hydrological Study The study consists of all of the work necessary to develop hydrological data for the study area and determine design flows for 10, 25, 50 and 100 year events. Design flows shall be prepared for each segment. Segments shall be defined by change in design flows due to the addition of additional drainage channels or elements.
2 | P a g e
Detention facilities, both existing, enlarged or potential shall be explored to minimize downstream flows and necessary up sizing of existing facilities where possible. A cost benefit ratio to these improvements shall be included in the third task.
Analysis of Biological, Botanical and Cultural Resources The analysis shall consist of evaluating the potential impacts to the biological, botanical and cultural resources which may be influenced or impacted by the recommendations of the hydrological study. Detention basins are of particular concern. Specific areas of study for future project implementation shall be identified. Detailed studies of each element are not included as part of this study.
Cost Estimates The study shall provide estimated quantities and costs for each necessary improvement type for each identified improvement segment. Normally, segments will be block to block. Estimate shall be provided in a multi-tab Excel spreadsheet format with a consistent formatting for various types of work.
The cost analysis shall also provide a separate cost/benefit analysis comparing detention facility cost compared to improvement savings of downstream facilities (such as culverts).
PROJECT LOCATION The project location is indicated on the attached Forbes Creek Neighborhood Improvement Study by RBF Consulting, Existing Conditions, page 1-5.
SCOPE OF WORK The purpose of this study is to provide design criteria for implementing identified drainage and pedestrian street improvements outlined in the 2012 CDBG funded Forbes Creek Neighborhood Improvement Study. Study outcomes include: Identify all design constraints such that implementation obstacles can be identified in advance of design. Provide scopes of work for additional studies and projected guidelines. Provide descriptions for obtaining consultant design services for specific projects. Project Cost Estimates
Project tasks include: 1. Hydrological Analysis for entire Forbes Creek Drainage Basin 2. Biological, Botanical and Cultural Resource Analysis 3. Provide Cost Estimates for Street Improvements
Each task is further described in more detail below:
Task 1 - Hydrological Analysis for Entire Forbes Creek Drainage Basis (): Map all current City of Lakeport drainage facilities and drainage conditions into the City GIS system. Estimate additional runoff due to full buildout of street improvements in entire neighborhood. Provide current and design flows (cfs) for 10, 25, 50 and 100 year events for each drainage segment within the City limits: o Open Channels
3 | P a g e
o Culverts o Retention Basins o Drainage Structures affecting flow Describe current condition and required maintenance, rehabilitation or upgrading required to meet each event (110, 25, 50 and 100 year events). Discuss current and pending NPDES requirements. Integrate requirements into recommendations. Provide information regarding right of way or property acquisition regarding detention facilities, etc. Prioritize improvements based on cost/benefit analysis for all required drainage improvements. Provide recommendations regarding the implementation of the 3 Alternatives or combination thereof under Section III Recommendations on page 2-9 of the Forbes Creek Neighborhood Improvement Study. Provide prioritization and cost estimates for drainage improvements related to the following street segments as follows: o Martin Street – Forbes to Bevins o Armstrong Street – Forbes to Estep o Armstrong Street – Estep to Russel o Estep – Martin to 2nd o Russel – Martin to 2nd Provide draft and final drainage recommendation prior to proceeding with subsequent phases.
Task 2 - Biological, Botanical, and Cultural Analysis After completion of Task 1, provide the following analysis, considerations and recommendations for implementation for the street segments listed in Phase 1 Drainage Improvements Street Improvements If additional studies are necessary for any specific area, provide: o Detailed scope of study necessary o Likely outcome or mitigation measures if concerns are validated Provide summary report of recommendations by street segment listed in Task 1 including biological, botanical and cultural challenges and recommendations.
Task 3 – Provide Cost Estimates for Street Improvements By street segment identified in Task 1, identify and map existing improvements on each street segment (Marked up Goggle Images for example) Provide quantities for each necessary improvement type for each segment o Sidewalk o ADA Ramps o Driveway Approaches o Curb and Gutter o Retaining structures behind sidewalks o Necessary improvements on private property (by address) o Street Reconstruction (City to provide typical sections) o Street Overlay (where applicable) o Allowance for Utility Adjustments o Allowance for pavement markings o Allowances for PS&E and CM, Inspection and Testing
4 | P a g e
o Provide linked unit costs for improvements such that unit costs can be upgraded in one location and be applied to all street segment estimates. Provide Cost/Benefit Analysis for Detention Basins as described above. Provide hard and electronic copies
MEETINGS The consultant shall participate in the following meetings via electronic means (Zoom, Webex, MicrosoftTeams, etc). Project Kickoff Review of Draft Hydrological Report Review of Task 2 Draft Studies Review of Draft Cost Analysis
III. PROPOSAL REQUIREMENTS
Each technical proposal shall contain as a minimum, the following elements:
A. Identification of Prospective Consultant The proposal shall include the name of the firm submitting the proposal, its mailing address, telephone number, e-mail address, and the name of an individual to contract if further information is desired.
B. Management The prospective consultant shall designate by name the project manager to be assigned to this project. The selected consultant shall not cause the substitution of the project manager without prior written approval of the City of Lakeport.
C. Personnel The prospective consultant shall describe the qualifications of all professional personnel to be employed, including a summary of similar work or studies performed, a resumé for each professional, a statement indicating how many hours (estimated) each professional will be assigned to the contract and what tasks each professional will perform. The consultant shall not cause members of the project team to be substituted without prior written approval of the City of Lakeport.
D. References The prospective consultant shall provide names, addresses and telephone numbers for at least three clients for whom the prospective consultant has performed work similar to that proposed in this request. A summary statement for each assignment shall be provided.
E. Sub‐consultants If sub-consultants are to be used, the prospective consultant must submit a description of each person or firm and the work to be done by each sub-consultant. The cost of the subcontract work is to be itemized in the cost proposal.
F. Project Understanding and Design Methodology The prospective consultant shall describe the overall approach to the project, specific techniques that will
5 | P a g e
be used, and specific administrative and operations management expertise that will be employed. NOTE: Proposers' responses to the required tasks outlined in the RFP must be specifically numbered the same as in the RFP. If the responsible party for a certain task is not the Consultant, then that should be noted to maintain the required numbering. If additional tasks are proposed, they should be numbered as sub-tasks under the appropriate existing task.
G. Schedule of Tasks The proposal shall contain a detailed schedule identifying major tasks to be undertaken to conduct the work and timeframe for each task. The schedule shall also identify all meetings, progress reports, deliverables, and the estimated staffing and hours to accomplish each task and deliverables.
H. Budget In a separate, sealed envelope, the proposed consultant shall submit their proposed fee schedule. The fee schedule shall be broken down by task, for the work to be performed. It shall itemize all items that will be charged to the project. Costs shall be show to reflect fully-weighted hourly billing rates for all personnel, however, the methodology for calculating the fully-weighted rates must be shown (e.g. labor, overhead rate, fringe, etc,). Reimbursement for travel-related direct costs (hotels, meals, etc.) is limited to approved State rates which may be found on the Caltrans website: (http://www.dot.ca.gov/hq/asc/travel/ch12/1consultant.htm).
The fee schedule will not be used during the consultant selection process, but may be used by the City of Lakeport during the negotiation process.
When invoicing, receipts are required to be submitted for all direct costs, other than fully-weighted personnel costs. If sub-consultants are to be used, the breakdown of subcontract costs shall follow the same format as that for the prime consultant.
I. Signature The proposal shall be transmitted with a cover letter that must be signed by an official authorized to bind the proposer contractually and shall contain a statement to the effect that the proposal is a firm offer for a 90-day period. The letter accompanying the technical proposal shall also provide the following: name, title, address, telephone number, and e-mail address of individuals with the authority to negotiate a contract and bind the Consultant to the terms of the contract.
By signing the proposal, the submitter agrees to the terms of the City of Lakeport Professional Services Agreement without modification.
IV. CONSULTANT AWARD
A. Proposal Review Each proposal will be reviewed to determine of it meets the proposal requirements contained in Section III. Failure to meet the requirements for the Request for Proposals will be cause for rejection of the proposal.
The City of Lakeport may reject any proposal if it is conditional, incomplete, or contains irregularities. The
6 | P a g e
City of Lakeport may waive an immaterial deviation in a proposal. Waiver of an immaterial deviation shall in no way modify the Request for Proposals document or excuse the proposer from full compliance with the contract requirements if the proposer is awarded the contract.
B. Selection Criteria An evaluation committee will evaluate those proposals that meet the proposal requirements, and will determine whether interviews will be needed. The City of Lakeport reserves the right to select a Consultant based solely on written proposals. Proposals will be evaluated based on the following criteria: Understanding of project objectives. Proposed project approach and staffing plan. Ability to provide high-quality, cost-effective consultation services. Comparable experience.
Scoring will be as follows:
o Experience & competence of the firm as it relates to the services (15 points maximum) o Past record of performance with the Agency and other agencies (20 points maximum) o Capacity of the firm to complete the work within the time limitations (20 points maximum) o General understanding of the work to be performed and the overall approach to the project (45 points maximum)
Total Points Possible (100 points maximum)
C. Contract Award A contract will be negotiated with the individual or firm determined in the proposal evaluation process to be best suited to perform this project. If a contract cannot be negotiated with the individual or firm submitting the highest rated proposal which is in the best interest of the City of Lakeport, then staff will terminate negotiations with that firm and commence the negotiation process with the firm submitting the second highest rated proposal. The contract will include all requirements that "flow down" from the grant.
V. GENERAL INFORMATION
A. Proposal Submittal All proposals shall be emailed to [email protected] no later than 5:00 PM on Friday, March 26, 2021. DO NOT email fee schedule! In addition to the emailed copy, three (3) hardcopies must be furnished and received at the City of Lakeport, Attention Doug Grider at 225 Park Street, Lakeport, CA 95453 no later than 5PM on Monday, March 29, 2021. Fee schedules are only to be submitted in a separate sealed envelope with hard copies of proposal. No preproposal meeting will be held.
B. Late Submittals A proposal is late if received at any time after 5:00 pm on Friday, March 26, 2021. A proposal is also
7 | P a g e
late if the required hardcopies are not delivered by 5:00 PM on Monday, March 29, 2021. Postmarks will not suffice. Proposals received after the specified time will not be considered and will be returned to the proposer.
C. Modification or Withdrawal of Proposals Any proposal received prior to the date and time specified above for receipt of proposal may be withdrawn or modified by written request of the proposer. To be considered, however, any modified proposal must be received by the date and time specified above.
D. Consultant Selection Schedule The tentative schedule of activities related to the Request for Proposals is as follows:
Activity Date RFP Mail-out February 22, 2021 Written Question Submittal Deadline March 19, 2021 at 5:00 PM Electronic Proposal Submittal Deadline March 26, 2021 at 5:00 PM Hardcopy Submittal Deadline March 29, 2021 at 5:00 PM Review/Ranking of Proposals April 5, 2021 Consultant Selection & Contract Award April 20, 2021 Project Starting Date - Notice to Proceed May 3, 2021
E. Work Schedule The work schedule below shows the prerequisites for each task. Due to funding requirements, the consultant will not be paid for any work done on a particular task prior to the prerequisite being met. The City of Lakeport will notify the consultant when each prerequisite has been met and work can begin on the subsequent tasks.
Task(s) Prerequisite When 1 Notice to Proceed May 3, 2021 1 Draft Report July 26,2021 202122220 202120 2 Draft Report August 16, 2021 2 Draft Estimates August 30, 2021 3 Final Reports September 27, 2021 F. Property Rights Proposals received within the prescribed deadline become the property of the City of Lakeport and all rights to the contents therein become those of the city.
G. Amendments to Request for Proposals The City of Lakeport reserves the right to amend the Request for Proposals by addendum prior to the final date of proposal submission. All addenda will be posted on The City of Lakeport’s website https://www.cityoflakeport.com/bid_opportunities.php . H. Funding and Grant Requirements Funding for this project is provided through a Federal CDBG Grant, Agreement No. 17-CDBG-12018. Currently funding is $100,000. Federal regulations require consultants/contractors to take necessary steps to assure minority and women-owned businesses are afforded contracting opportunities. Refer to Attachment A of the Professional Services Agreement for REQUIRED documentation needed to support
8 | P a g e
a good faith effort in soliciting these specific firms and Federal and State Regulations pertaining to this Request for Proposal and contract.
I. Non-commitment of the City of Lakeport This Request for Proposals does not commit the City of Lakeport to award a contract, to pay any costs incurred in the preparation of a proposal to this request, or to procure or contract for services or supplies. The City of Lakeport reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified individual or firm, or to modify or cancel in part or in its entirety the Request for Proposals if it is in the best interest of the city to do so.
J. Questions Questions regarding this Request for Proposals will only be accepted in writing (Correspondence, E-mail or FAX is acceptable). Written questions should include the individual's name, the name of the firm, address, telephone number, and e-mail address.
Questions must be submitted no later than March 16, 2021, to:
Paul Curren, City Engineer City of Lakeport 225 Park Street Lakeport, CA 95453 Email: [email protected]
Questions and answers will be provided in the form of an addendum to this RFP, and will be posted on City of Lakeport’s website
https://www.cityoflakeport.com/bid_opportunities.php
K. Affirmative Action Prospective consultants should be aware that the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11275, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act and other federal and state laws pertaining to equal employment opportunity are applicable to any contract awarded by the City of Lakeport.
L. Disputes Relating to Proposal Process In the event a dispute arises concerning the proposal process prior to the award of the contract, the party wishing resolution of the dispute shall submit a request in writing to the City Manager within ten calendar days of the date of the recommendation award or denial letter. Grounds for an appeal is that the City failed to follow the selection procedures and adhere to requirements specified in this RFP or an addenda or amendments thereto; there has been a violation of conflict of interest as provided by California Government Code section 87100 et seq; or violation of Federal or State law. The City will consider only those specific issues addressed in the written appeal.
9 | P a g e
The City Manager shall consider any matter appealed during a scheduled hearing, within thirty days of receipt. The decision of the City Manager shall be final with respect to the matters of fact. All disputes and/or appeals must be submitted to: City Manager City of Lakeport 225 Park St. Lakeport, CA 95453
Exhibit A Sample Professional Services Agreement–City of Lakeport Exhibit B Forbes Creek Neighborhood Improvement Study by RBF Consulting dated May 2012 Exhibit C Storm Drainage Master Plan by Barrett, Harris & Associates dated June 1980
10 | P a g e
EXHIBIT A
Sample Professional Services Agreement–City of Lakeport
11 | P a g e
PROFESSIONAL SERVICES AGREEMENT FOR DESIGN PROFESSIONALS
(City of Lakeport / Company or Individual)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Lakeport, a California municipal corporation (“City”), and ______, a ______(“Consultant”).
2. RECITALS
2.1. City has determined that it requires the following professional services from a consultant: [enter description of consultant’s services]
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.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1. “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.
3.2. “Scope of Services”: Such professional services as are set forth in Consultant’s [enter consultant’s proposal date] proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
12 | P a g e
3.3. “Agreement Administrator”: The Agreement Administrator for this project is [Name and title]. 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.
3.4. “Approved Fee Schedule”: Consultant’s compensation rates are set forth in the fee schedule attached hereto as Exhibit B and 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.
3.5. “Maximum Amount”: The highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is ______Dollars ($______).
3.6. “Commencement Date”: [date]
3.7. “Termination Date”: [date]
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 18 (“Termination”) below. Consultant may request extensions of time to perform the 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 DUTIES
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.
13 | P a g e
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 conflict interfering with performance under this Agreement. However, City may consent in writing to Consultant’s performance of such work.
5.7. 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. [Name of Project Manager] shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
5.8. 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.
5.9. 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.
5.10. 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.
5.11. Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to
14 | P a g e
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.
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.
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.
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 or 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.
15 | P a g e
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 and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from 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 (“written products” herein) developed by Consultant in the performance of this Agreement 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. However, the Consultant shall not be liable for such reuse outside the services identified in the Scope of Services. City indemnifies and holds Consultant harmless for any and all liability for such reuse outside the Scope of Services or any amendments thereto under section 5.1. City shall be interpreted to include its employees, agents and contractors.
10. RELATIONSHIP OF PARTIES
10.1. General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
16 | P a g e
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, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
10.4. 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.
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 officials, officers, agents, employees and volunteers.
11.2 Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the
17 | P a g e
established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.
As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnity, defend and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
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 negligence, active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.
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 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.
18 | P a g e
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 Civil Code. The parties are aware of the provisions of Civil Code 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this Section 11 complies therewith.
12. INSURANCE
12.1. Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and 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: [insert project name] 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: $2,000,000 per occurrence, $4,000,000 aggregate
General Liability: General Aggregate: $4,000,000 Products Comp/Op Aggregate $4,000,000 Personal & Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage (any one fire) $ 100,000 Medical Expense (any 1 person) $ 10,000
19 | P a g e
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
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 City as 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 before the date of the contract or the beginning of contract work. Claims-Made 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
20 | P a g e
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, 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. Contractor 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 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, [insert department or individual], 225 Park Street, Lakeport, California 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.
21 | P a g e
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 insurance requirements and shall survive the expiration 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: If to Consultant:
Doug Grider [Name] City of Lakeport [Address] Public Works Department [Address] 225 Park Street Telephone: Lakeport, CA 95453 Facsimile: Telephone: (707) 263-5615
22 | P a g e
Facsimile: (707) 263-8584
With courtesy copy to:
David J. Ruderman, Esq. Lakeport City Attorney Colantuono, Highsmith & Whatley, PC 420 Sierra College Drive, Suite 140 Grass Valley, CA 95945 Telephone: (530) 432-7357 Facsimile: (530) 432-7356
15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.11 (Records), paragraph 10.4 (Indemnification of CalPERS Determination), Section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) 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 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.
16.4. Remedies. City retains any and all available legal and equitable remedies for Consultant’s breach of this Agreement.
17. INTERPRETATION OF AGREEMENT
23 | P a g e
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 express provisions of this Agreement and the provisions of any document incorporated herein by reference, 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 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
24 | P a g e
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. Both parties shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without the other party’s prior written consent, and any attempt to do so shall be void and of 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, or sexual orientation. 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.
25 | P a g e
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 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. In the event of a dispute arising out of the terms of this Agreement, including any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses.
18.12. Venue. The venue for any litigation shall be Lake County, California and Consultant hereby consents to jurisdiction in Lake County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
18.13. Federal Terms and Conditions: see Attachment A
26 | P a g e
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
“City” “Consultant” City of Lakeport [consultant name or business]
By:______By:______Signature Signature
Printed:______Printed:______
Title:______Title:______
Date:______Date:______
Attest: By:______Signature By:______Kelly Buendia, City Clerk Printed:______
Date:______Title:______
Date:______
Approved as to form:
By:______David J. Ruderman, City Attorney
Date:______
27 | P a g e
Attachment A
FEDERAL TERMS AND CONDITIONS
During the performance of the contract, the Contractor must agree to comply with all applicable Federal laws and regulations including but not limited to the following: AFFIRMATIVE ACTION: The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the United States Department of Housing and Urban Development (HUD) and subject to 24 CFR 85.36(e). CITY hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged, minority and women's business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. Minority and women-owned and operated businesses encouraged to apply. SECTION 3: The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the HUD, Community Development Block Grant Program, and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and moderate income persons residing within the project area and that the contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Regulations for implementing the Section 3 clause are contained in 24 CFR 135, as amended, and as specified in the project specifications. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. EQUAL OPPORTUNITY: During the performance of this Contract, the Contractor agrees as follows: 1. The Contractor with comply with Executive Order 11246 of September 24, 1965 entitled Equal Employment Opportunity as amended by Executive Order 11375 of October 1967 as supplemented in Department of Labor regulations (41 CFR chapter 60).
28 | P a g e
2. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City Setting forth the provisions of this nondiscrimination clause. 3. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin. 4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 8. The Contractor shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. 9. Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract.
29 | P a g e
10. Whenever the Contractor or subcontractor has a collective bargaining agreement or other Contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. 11. The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. 12. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. CONFLICT OF INTEREST OF MEMBERS, OFFICERS, OR EMPLOYEES OF CONTRACTORS, MEMBERS OF LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS: Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one (1) year thereafter. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this Section. INSURANCE: Maintenance, if so required by law, unemployment insurance, disability insurance and liability insurance, which is reasonable to compensate any person, firm, or corporation, who may be injured or damaged by the contractor, or any subcontractor in performing the grant activity(ies) or any part of it. DISADVANTAGED/MINORITY/WOMEN BUSINESS ENTERPRISE FEDERAL REGULATORY REQUIREMENTS UNDER 24 CFR 85.36(e): The Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. 1. Affirmative steps shall include:
30 | P a g e
i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; v. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. COPELAND “ANTI-KICKBACK” ACT (18 U.S.C. 874): Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). COMPLIANCE WITH ALL FEDERAL LABOR STANDARD PROVISIONS: Contractor shall comply with all provisions contained in the form HUD-4010, Federal Labor Standards Provisions. COMPLIANCE WITH SECTIONS 103 AND 107 OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327-330): Contractor will comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). Requires the contracting officer to insert the clauses set forth in 29 CFR part 5, Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) REQUIREMENTS AND REGULATIONS PERTAINING TO DATA AND DESIGN: All data and design and engineering work created under this Agreement shall be owned by the City and shall not be subject to copyright protection. The rights to any invention which is developed in the course of this Agreement shall be the property of the City. REQUIREMENTS AND REGULATIONS PERTAINING TO REPORTING: The City, State CDBG, HUD and the Comptroller General of the United States or any of their duly authorized representatives shall be granted access to any books, documents, papers and records of Contractor which are directly pertinent the contract. COMPLIANCE WITH CLEAN AIR ACT AND CLEAN WATER ACT: Contractor shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h). 1. Contractor shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368). 2. Contractor shall comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15). COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT (Pub. L. 94-163, 89 Stat. 871):
31 | P a g e
The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163,89 Stat. 871). D/MBE/WBE IMPLEMENTATION GUIDELINES: The following information, as applicable, shall be retained by Contractor and produced upon request by General Services if determined by General Services to be necessary to establish the bidder's "good faith efforts" to meet the Disadvantaged/Minority/Women Business Enterprise (D/M/WBE) requirements. 1. The names and dates of advertisement of each newspaper, trade paper, and minority- focus paper in which a request for D/M/WBE participation for this project was placed by the bidder. 2. The names and dates of notices of all certified D/M/WBEs solicited by direct mail for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the D/M/WBEs were interested. 3. The items of work for which the bidder requested subbids or materials to be supplied by D/M/WBEs, the information furnished interested D/M/WBEs in the way of plans, specifications and requirements for the work, and any breakdown of items of work into economically feasible units to facilitate D/M/WBE participation. Where there are D/M/WBEs available for doing portions of the work normally performed by the bidder with his own forces, the bidder will be expected to make portions of such work available for D/M/WBEs to bid on. 4. The names of D/M/WBEs who submitted bids for any of the work indicated in (3) above, which were not accepted, a summary of the bidder's discussions and/or negotiations with them, the name of the subcontractor or supplier that was selected for that portion of work, and the reasons for the bidder's choice. If the reason for rejecting the D/M/WBE bid was price, give the price bid by the rejected D/M/WBE and the price bid by the selected subcontractor or supplier. 5. Assistance that the bidder has extended to D/M/WBEs identified in (4) above to remedy the deficiency in their sub-bids. 6. To find a D/M/WBE certified firm, you may call (916) 445-3520, go on-line to: http://www.dot.ca.eov/hq/bep, or via mail at: D/M/WBE Listing for County, CalTrans - Publications Distribution Unit, 1900 Royal Oaks, Sacramento, CA 95815-3800. AUDIT, RETENTION AND INSPECTION OF RECORDS: The Contractor agrees that the City, the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. The Contractor agrees to provide any relevant information requested and shall permit the City, the Department of Housing and Community Development, the Federal Department of Housing and Urban Development (HUD), or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with California Public Contract Code (PCC) Section 10115 et seq., Government Code (GC) Section 8546.7 and 2 CCR 1896.60 et seq. The Contractor further agrees to maintain such records for a period of five (5) years after final payment under this Agreement, and that on or before the end of the five (5) year audit/retention period, the Consultant shall release and deliver to the (City/County) all original records and related documentation.
32 | P a g e
FORBES CREEK NEIGHBORHOOD
Neighborhood Improvement Study CITY OF LAKEPORT, CALIFORNIA
Paid for by a grant from the State of California Community Development Block Grant Program
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
This page intentionally left blank.
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Prepared for
City of Lakeport
By
RBF Consulting
May 2012
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
This page intentionally left blank.
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
TABLE OF CONTENTS
1: INTRODUCTION ...... 1-1 I. Neighborhood Description ...... 1-1 II. Purpose of Study ...... 1-3 III. Study Process & Community Outreach ...... 1-3 IV. Community Concerns...... 1-3 V. Existing Conditions Map ...... 1-3 VI. Neighborhood Improvements Map ...... 1-4
2: DRAINAGE ...... 2-1 I. Introduction ...... 2-1 II. Existing Conditions ...... 2-1 III. Recommendations ...... 2-9
3: STREETS & SIDEWALKS ...... 3-1 I. Introduction ...... 3-1 II. Existing Conditions ...... 3-1 III. Recommendations ...... 3-4
4: HOUSING & PRIVATE PROPERTY ...... 4-1 I. Introduction ...... 4-1 II. Existing Conditions ...... 4-1 III. Recommendations ...... 4-3
5: SAFETY ...... 5-1 I. Introduction ...... 5-1 II. Existing Conditions ...... 5-1 III. Recommendations ...... 5-2
6: PARKS, TRAILS & GREENING...... 6-1 I. Introduction ...... 6-1 II. Existing Conditions ...... 6-1 III. Recommendations ...... 6-3
7: RESIDENT ENGAGEMENT & NEIGHBORHOOD PRIDE ...... 7-1 I. Introduction ...... 7-1 II. Existing Conditions ...... 7-1 III. Recommendations ...... 7-2
8: IMPLEMENTATION ...... 8-1 I. Introduction ...... 8-1 II. Case Studies ...... 8-2 III. Implementation Matrix ...... 8-6 IV. Potential Funding/Financing Sources ...... 8-13
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
TABLES
Table 1: Existing and Proposed Street, Sidewalk, and Paving Conditions ...... 3-11 Table 2: Implementation Matrix ...... 8-7 Table 3: Funding/Financing Sources ...... 3-11
EXHIBITS
Exhibit 1: Existing Conditions ...... 1-5 Exhibit 2: Recommendations ...... 1-6 Exhibit 3: Drainage ...... 2-3 Exhibit 4: FEMA Special Flood Hazard Area ...... 2-7 Exhibit 5: Recommended Cross-Sections ...... 3-10
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
SECTION 1: INTRODUCTION
I. NEIGHBORHOOD DESCRIPTION
The subject of this study is a residential area in the City of Lakeport, California. Located north of the Lake County Fairgrounds and west of downtown, the neighborhood is bounded on the north by Second Street, Compton Street, and Berry Street. The neighborhood generally slopes upward as it approaches Highway 29, providing some views of Clear Lake and surrounding mountains.
Forbes Creek Neighborhood study area
For the purposes of this report the project area will be referred to as the “Forbes Creek Neighborhood,” a possible name for the neighborhood that is based on its most notable geographic feature. Forbes Creek winds through the southeast portion of the neighborhood and the North Branch of Forbes Creek extends into the neighborhood from the north. The creek is visible in several places, running year-round in natural and concrete channels.
Besides the creek, nature is also present in the form of oak woodland, with mature trees framing several streets. Lots tend to provide ample space for gardens, and many properties have fruit and nut trees as well. Birds, frogs, and other wildlife take advantage of the habitat that is available.
PAGE 1-1
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Housing and Land Use
The neighborhood consists primarily of single-family homes, with some duplexes and other small multi-family complexes. East of Tunis Street, zoning provides for higher density residential uses and some commercial and office uses, including offices occupying former homes. This area provides a transition between downtown Lakeport and neighborhood streets that are entirely residential.
The neighborhood’s residents live in approximately 260 housing units.1 Housing types in the neighborhood are varied, including Victorians, small historic cottages, manufactured homes, and other post-WWII homes. Some of the large lots accommodate secondary housing units. Duplexes, triplexes and small apartment buildings are also present in the neighborhood. With this variety of housing available, the neighborhood is home to people with a range of incomes.
People
Of the occupied housing units in Forbes Creek Neighborhood, about half are occupied by renters and half by owners, compared to the city as a whole in which owner-occupied units are about 60% of occupied units. The percentage of vacant units is approximately 13%, compared to a citywide proportion of 16%. Some residents have been living in the neighborhood from childhood to retirement age, helping to provide stability.
The 2010 Census counted at least 560 people living in the neighborhood. Household sizes tend to be larger than in the city as a whole—with higher percentages of 3-person, 4-person and 5-person households than in Lakeport overall. These households make up approximately 43% of the households in the neighborhood, compared to 34% in the city as a whole. Some of this difference in household size may be due to a larger proportion of children (27% in the neighborhood compared to 22% citywide) and a smaller proportion of households with older adults living alone. People aged 55-64 make up 11% of the population, compared to 15% citywide; people aged 65 and up are approximately 14% of the neighborhood population, compared to 20% citywide.
Ethnic diversity in the neighborhood resembles the citywide population, with two notable differences. People identifying themselves as Hispanic or Latino make up about 24% of the neighborhood, compared to 17% in the city as a whole. People identifying themselves as Asian make up about 4% of the neighborhood as compared to 2% in Lakeport overall.
Approximately 150 children live in Forbes Creek Neighborhood. School buses pick them up on Armstrong Street and on the south side of Martin Street. Some neighborhood children may attend Konocti Christian Academy, located on the fairgrounds, and other parochial schools in the community.
1 Numbers in this section are from Census 2010 and are approximate because they exclude the Census block west of Smith, which extends to 11th Street outside the neighborhood. Within the neighborhood boundary, this block includes 9 properties which appear to have housing units.
PAGE 1-2
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
II. PURPOSE OF STUDY
The purpose of this study is to provide recommendations for improving the Forbes Creek neighborhood while preserving the characteristics that residents value. The study not only outlines street, drainage, and sidewalk improvements, but also offers creative solutions to neighborhood issues and provides a realistic implementation program. Furthermore, as the first neighborhood study in Lakeport, it provides a basis for understanding how the city’s residential areas may be improved and maintained.
III. STUDY PROCESS & COMMUNITY OUTREACH
The neighborhood study began in 2011 with a review of plans and data related to the neighborhood, including Census data, GIS maps, Lake County/City Area Planning Council documents, and City plans. Consultant team members conducted field surveys of neighborhood conditions on October 24, October 25, and November 7, 2011. Information was also gathered directly from neighborhood residents through an open- ended survey that the City dropped off at each residence, informal interviews with residents during the field work, and in a meeting at City Hall on the morning of October 25. Consultants met with City staff to discuss the neighborhood and conducted interviews with staff of Lakeport Senior Center, Lake County Fairgrounds, and Main Street Association.
IV. COMMUNITY CONCERNS
Neighborhood residents expressed some issues repeatedly which seem to be of particular concern, namely:
Street Maintenance – Roadway surfaces are in need of repair throughout the neighborhood. Drainage – Flooding is recurring in certain localized areas. Speeding – Residents called out particular streets where they feel that cars are speeding. Safety – Residents expressed concerns about drug use and selling, and expressed a need for more surveillance. Property Maintenance – Residents noted the presence of some “blighted” or “dilapidated” homes and would like to see better upkeep of private properties.
V. EXISTING CONDITIONS MAP
Exhibit 1, Existing Conditions, illustrates the key conditions in the neighborhood that this study is intended to address. It summarizes concerns expressed by residents, observations of RBF team members during the site visits, and data analysis. Findings are described in subsequent sections of the study.
PAGE 1-3
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
VI. NEIGHBORHOOD IMPROVEMENTS MAP
Exhibit 2, Recommendations, summarizes the physical improvements proposed in this study. The map does not attempt to identify all improvements, but instead provides the “big picture” for the future of the neighborhood. Recommendations shown are intended to be short-term, priority improvements that will tackle the most pressing issues. The exhibit is intended for illustrative purposes, and further analysis and engineering will be needed prior to implementing many of the details shown. Improvements are listed and prioritized in Section 8, Implementation.
PAGE 1-4
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
EXHIBIT 1, EXISTING CONDITIONS
PAGE 1-5
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
EXHIBIT 2, RECOMMENDATIONS
PAGE 1-6
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
SECTION 2: DRAINAGE
I. INTRODUCTION
While Forbes Creek and its North Branch streams contribute to neighborhood character, their passage through the neighborhood has a downside, which is that flooding commonly occurs along their banks and low-lying areas of the neighborhood. These locations with drainage issues are noted on Exhibit 1, Existing Conditions. Adequate drainage is a concern for neighborhood residents. This section discusses existing storm water drainage conditions and key improvements necessary to address local and regional drainage issues.
II. EXISTING CONDITIONS
Drainage Setting
In general, the topography of the study area and the area tributary to it consists of steep sloping hills, hollows and gently sloping valleys. The steep valleys to the west carry runoff through gullies that slowly transform into streams as they enter the gently sloping valleys of the study area to the east. The streams that meander through the study area include Forbes Creek and its tributaries. The two unnamed streams within the study area that are tributary to Forbes Creek are collectively addressed as North Branch of Forbes Creek in the Lakeport Storm Drainage Master Plan (SDMP) prepared in 1980. The North Branch streams meander easterly and converge with the main channel at Martin Street.
The SDMP identifies the Forbes Creek watershed to be approximately 1,500 acres. A series of culverts under Highway 29 convey runoff from portions of the watersheds west of the highway to the streams to the east. Thus the runoff through the neighborhood is affected by a watershed much larger than the neighborhood boundaries itself. This flow, plus localized flooding from runoff within or immediately around the neighborhood, cumulatively adds to the overall storm water impacts to neighborhood residents.
For ease of discussion, the North Branch streams are identified as Stream One, Stream Two, and Stream Three, of North Branch of Forbes Creek and are illustrated on Exhibit 3, Drainage. Stream One is the northernmost, between 6th Street and Berry Street. Stream Two runs parallel to Berry Street and Compton Street, then meanders southeasterly to Martin Street and turns due east to its confluence with Forbes Creek. Stream Three is the southernmost and traverses parallel to Martin Street to its confluence with Forbes Creek.
These streams traverse the area through a combination of natural streambeds, open channels, culverts, and storm drains, as depicted in Exhibit 3, Drainage, and the photos on the next page.
PAGE 2-1
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Types of drainage facilities found in the neighborhood
PAGE 2-2
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
EXHIBIT 3, DRAINAGE
PAGE 2-3
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
This page intentionally left blank.
PAGE 2-4
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Localized Flooding
Localized flooding on streets and properties is caused during less intense but more frequent storm events. The physical conditions that generally contribute to localized flooding include: 1) lack of positive drainage, 2) lack of proper means of conveyance, 3) clogged drainage facilities, or a combination of such elements. Locations in the neighborhood that were identified to have these issues during preliminary review and site reconnaissance are illustrated on Exhibit 1, Existing Conditions.
Flooding occurs around First and Brush Streets due to insufficient conveyance capacity of the side swales and partially blocked culverts crossing the street and driveways. A primary factor is brush and grass growth in the swales and canals. Vegetation provides benefits such as slowing erosion and helping to remove trash and pollutants from water. However, when unchecked, it can also block drainage. Smaller swale capacity is especially sensitive even to grass growth. Grass swales at First and Brush Streets
Regional Flooding
Regional flooding is generally caused when storm water levels exceed the capacity of flood control facilities and inundate adjacent and/or downstream areas. Intense storm events that are less frequent, for example 50- or 100-year events, tend to be sources of such flooding. However, a significantly undersized drainage system or an inadequately maintained natural water course can be the source of such flooding even during more frequent storm events. This appears to be the case in the Forbes Creek neighborhood.
During the last approximately 20 years, there have been multiple instances of minor flooding in the neighborhood associated with high-intensity storm events and other periods when Clear Lake has exceeded flood stage and affected the levels of upstream tributaries such as Forbes Creek. Flooding affects streets and private properties.
Within the neighborhood, the North Branch streams of Forbes Creek act as flood control channels conveying runoff generated from neighborhood drainage areas as well as from offsite drainage areas to the west of the neighborhood. An initial review of topographic data estimated the tributary drainage area to the confluence of Stream One and Stream Two at Compton Street to be approximately 230 acres. A preliminary analysis based on the area and other hydrologic parameters showed that the existing configuration of Stream Two (downstream from the confluence with Stream One) may not even convey a 25-year storm event without overtopping and flooding adjacent properties. Additionally, the field visit revealed that a majority of the stream can become overgrown, which further reduces the conveyance capacity of the channel and increases the chances of flooding the neighborhood. The City removes heavy brush from the channels every year in late fall,
PAGE 2-5
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY then allows the remaining vegetation to compress on the channel bottoms; this helps to prevent scouring of the earthen channels.
Puddles and debris after storms suggest a lack of proper drainage.
Similarly, the tributary area to Stream Three at Starr Street and Martin Street is estimated to be 60 acres and the preliminary analysis showed that it may not contain runoff from a 25-year storm event. The deficiencies in the existing North Branch streams have been identified in the Storm Drainage Master Plan.
FEMA Special Flood Hazard Area
Special Flood Hazard Areas are areas that FEMA has identified as being subject to inundation by the 1% annual chance flood, also known as a 100-year flood. The FEMA Flood Insurance Rate Maps identify flood hazard zones for communities participating in the National Flood Insurance Program, including Lake County and the City of Lakeport. Participants in the program must satisfy certain floodplain management criteria to reduce the future flood risk to new construction.
The current FEMA map with an effective date of 2005 shows that neighborhood streams and adjacent properties lie in Special Flood Hazard Area zones—see Exhibit 4, FEMA Special Flood Hazard Area. On the map, Zone AE shows the elevations of the 100-year flood. Zone AO indicates sheet flow depths ranging from 1-ft to 3-ft during the 100-year flood.
PAGE 2-6
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
EXHIBIT 4, FEMA SPECIAL FLOOD HAZARD AREA PAGE 2-7
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
This page intentionally left blank.
PAGE 2-8
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
III. RECOMMENDATIONS
Localized Flooding
To address the flooding occuring around First Street and Brush Street, functionality of the existing drainage features could be restored inexpensively by re-grading the roadside swales to increase capacity, clearing culverts of debris and vegetation, and installing an appropriate downdrain where the swale discharges into the creek. See Exhibit 3, Drainage, for recommended drainage improvements.
In places where the stream crosses the roadway and there is no clear means of discharging runoff to the stream after it is collected by curb/gutter or roadside ditches, either an inlet or a downdrain should be provided. These locations are shown on Exhibit 3. The inlets should be designed to minimize collection of debris. Other necessary improvements to minimize localized flooding include construction of cross gutters, providing positive drainage, and stabilizing creek banks. Downdrain example (Source: LBIW)
Regional Flooding
The following alternatives for improvements can be implemented to minimize the risk of flooding during intense storm events.
Alternative 1
Alternative 1 would redirect and convey flows through an adequately designed storm drain facility that would meet current storm design requirements. The storm drain would begin at the confluence of Stream One with Stream Two, and end near Forbes Creek at Martin Street. The storm drain would also capture flows conveyed by Stream Three near the intersection of Starr Street with Martin Street. Refer to Exhibit 3, Drainage, for conceptual alignment.
Within the neighborhood boundaries, the proposed alignment of Alternative 1 reflects the storm drain alignment recommended in the Storm Drainage Master Plan. The SDMP alignment begins further upstream at Highway 29 and runs along the existing Stream One alignment to its confluence with Stream Two.
Because the storm drain alignment passes through a portion of existing stream corridor between Russell and Starr Streets, the improvements would require regulatory permitting. To minimize impacts to the stream, the City may wish to consider another alignment that places the storm drain entirely within the existing street right of way along Compton, Russell, and First Streets before reaching Starr.
PAGE 2-9
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
If the open channels are retained when the storm drain is installed, the channels would carry flows from the neighborhood and/or low flows from offsite, while the proposed storm drain would carry high flows. Allowing at least some flows through the existing exposed creek segments would maintain habitat, provide some water quality treatment benefits, and maintain the creek as a natural feature in the neighborhood.
Alternative 2
Alternative 2 would provide graded detention basins along the streams in the undeveloped parcels within the limits of the City as shown on Exhibit 3. The basins would lower the peak inflow entering the neighborhood. Different options for basin size and location can be implemented to effectively utilize the available area.
Alternative 3
Alternative 3 would include modifying the inlet configuration of existing culverts to utilize the vacant area available upstream of the culverts to provide detention. This alternative would be cost effective as the existing terrain appears to provide the required area/volume for detention and therefore would require minimal grade changes. However, this would require coordination with property owners including Caltrans and the County.
Discussion
Until other improvements are implemented, it is important to improve the capacity of existing facilities by clearing debris and limiting vegetation. Relatively inexpensive improvements can be made to address localized flooding.
However, regional flooding appears to be the dominant factor in causing flood events in the neighborhood, and it should be a high priority to address this situation. The City should update the 1980 SDMP to meet current hydrologic criteria, and to evaluate the feasibility of alternatives and size the proposed facilities.
Assuming that the areas required for Alternatives 2 or 3 are secured through development agreements and not through land purchase, these alternatives would incur lower initial costs than Alternative 1. However, Alternative 1 would provide savings over the life of the facility as compared to the other alternatives, which would both incur maintenance costs for the detention basins.
The alternatives can be implemented individually or can be combined to minimize costs. For instance, a combination of detention areas selected from Alternatives 2 and 3 would provide more flexibility in securing acquisitions or agreements. To save costs related to installing storm drain, detention could be provided along Streams One and Two, while storm drain is installed along Martin Street to handle flows conveyed by Stream Three. These are examples of possible combinations, but a cost-benefit analysis is recommended to evaluate the alternatives.
PAGE 2-10
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
SECTION 3: STREETS & SIDEWALKS
I. INTRODUCTION
This section describes existing roadway, parking, streetscape, and sidewalk conditions. Recommended improvements are provided for vehicular, bicycle and pedestrian circulation, streets and sidewalks, streetscape and lighting.
II. EXISTING CONDITIONS
Overall, the transportation infrastructure in the study area is in poor condition and lacking complete facilities for walking and cycling. Martin Street and Forbes Street are arterials per the City of Lakeport General Plan 2025, Transportation Element. Russell Street, Armstrong Street, First Street and Second Street are identified as collectors. The remaining streets in the study area are local streets. Smith Street is planned to be extended between Armstrong Street and Compton Street (providing a connection to Spurr Street). This extension is intended to reduce cut-through traffic on Russell Street.
Martin Street is identified as a bicycle facility; no other bicycle facilities are planned within the neighborhood. Sidewalk conditions vary greatly between blocks. The following sections describe existing conditions for various components of the street and sidewalk network within the Forbes Creek neighborhood.
Pavement
All streets within the Forbes Creek neighborhood are paved; however, the pavement conditions and cross sections vary greatly. Some streets have paved travel lanes with an unpaved shoulder, some are paved from curb to curb, and others have some combination of pavement, curb, and unpaved shoulder. Several streets have chip seal instead of asphalt. The width of the paved area varies from block to block and often varies within blocks.
Existing pavement conditions vary, with many streets in need of rehabilitation.
The pavement conditions range from new pavement and well-defined striping to a range of longitudinal and local cracks, potholes, and inconsistent paving. The majority of the
PAGE 3-1
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY street pavement is in a state of disrepair and needs to be reconstructed. Flooding has severely damaged many areas of pavement. Paving along steep slopes and at the bottom of hills generally shows signs of damage from runoff and ponding, including potholes, cracking, and uneven or broken edges.
The City recently updated the Citywide Pavement Condition Index (PCI) as part of the 2008 Pavement Management Program, which includes streets within the neighborhood. PCI values rate the riding quality and structural condition of roadway pavement, with 100 being the best condition and 0 being the worst condition.
In general, the pavement of most streets in the neighborhood is in fair to poor condition and needs rehabilitation and reconstruction. The average PCI value for the neighborhood is 32, and only 7 of the 32 segments surveyed are above a PCI value of 50. Aging pavement and storm water damage are the two largest factors causing the low PCI values. Newly paved streets are in excellent condition (PCI of 88 and above) including Forbes Street, a portion of Armstrong Street, and 2nd Street at the Courthouse. The PCI values for Martin Street range between 6 and 25; however, the City recently repaved Martin Street so these values do not accurately reflect existing conditions.
Sidewalks
The presence of sidewalks varies by parcel. Where present, sidewalks are generally at least four or five feet wide, and the City strives to provide a five-foot width. Sidewalks are generally built between the property fence line and the curb; however, there are some locations where a landscaped parkway strip is located between the sidewalk and curb. In several locations, landscaping encroaches onto the sidewalks, making them unusable.
Sidewalks are provided along some parcels, but most street segments lack a continuous sidewalk.
Obstacles in the sidewalk zone impede wheelchair access.
PAGE 3-2
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
The City of Lakeport has a local ordinance which requires property owners to install curb and gutter and sidewalk if they make property improvements with a value that exceeds a certain threshold over five years, capped at 130 feet of installation.
Residents expressed desire for sidewalks throughout the neighborhood but specifically called out the need on Martin Street, Armstrong Street (especially for children taking the school bus), and in areas impacted by community events like the Fourth of July. A resident also pointed out that the drainage ditches along the Compton/Spurr Street curve and on Martin Street near the Fairgrounds constrain the roadway width and effectively eliminate shoulders for pedestrian passage.
Circulation
Armstrong Street currently provides access to the Sheriff’s Department offices just west of Smith Street. Armstrong Street has been improved and provides an opportunity for faster traveling speeds. Neighbors have expressed concern about high operating speeds on Armstrong Street, as well as on Martin, Starr, Second, Russell, and Compton Streets. Other neighborhood streets may not have the same issue with speeding vehicles due to geography and pavement condition.
Many people use Russell, Compton and Spurr Streets as a cut-through route from Bevins Street to Central Park Avenue, which connects to the major arterial Eleventh Street via Pool Street. This is a non-direct cut- through route that carries higher volumes compared to the other residential streets. The City plans to extend and realign Smith Street to provide a more direct north-south connection from Lakeport Boulevard to Central Park Avenue, which would alleviate traffic on the existing route (see graphic at right). Several neighbors concerned with the current cut-through traffic requested that traffic calming measures be installed along Russell Street. However, such measures may divert traffic to alternative streets Conceptual alignment for Smith St. such as Starr Street.
Traffic volumes are presented in the City of Lakeport General Plan 2025. It is estimated that traffic has not increased since 2005, because little or no growth has occurred in the City since that time. The General Plan indicates that 2005 traffic volumes on Martin Street (Arterial) were 2,740 vehicles per day, and 2,850 in 2010/11. Armstrong Street (Collector) had a 2005 daily volume of 850, and 770 in 2010/11. On collector and local streets in the study area, daily volumes are generally less than 300, except on Russell Street where the daily volume is 960. This higher volume along Russell Street indicates cut-through traffic.
Complete Streets principles require the accommodation of roadway facilities for all users, including vehicles, bicycles, and pedestrians. The study area does not fulfill this requirement, especially for pedestrians.
PAGE 3-3
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Traffic Safety
No signs of potential accidents (skid marks, restricted sight distance) at intersections were observed during field observations. Steep grades make travelling more challenging and the lack of continuous street lights may also decrease visibility. No accident analysis has been performed and no concerns about accidents were reported by either staff or residents.
Parking
Most streets within the Forbes Creek neighborhood can accommodate parallel parking. There are a few locations where angled parking is allowed and others where parking is prohibited, either by signage or by roadway width constraints. In general, parking is prohibited along the south side of Martin Street and portions along the north curb. Parking is also prohibited along the north side of Second Street between Crawford Street and Russell Street because of steep slopes. Parallel parking generally occurs where the pavement extends to a curb and gutter or where an unpaved shoulder (generally at least eight feet in width) is present.
Residents reported that the neighborhood sometimes experiences overflow parking from events at the fairgrounds and downtown, and that visitors to one of the commercial uses within the neighborhood are parking in the neighbor’s driveway.
III. RECOMMENDATIONS
Filling in Sidewalk Gaps for Pedestrian Connectivity
Missing sidewalk segments create a challenge for pedestrians. Sidewalk improvements should be made as funding is available and longer-term projects identified beyond the projects recommended in this study.
The immediate goal should be to connect the neighborhood to destinations within an easy walking distance (i.e. ¼ to ½ mile). Walking destinations currently consist of the school bus stop at the corner of Armstrong Street and High Street, the fairgrounds on the south side of Martin Street, downtown Lakeport to the east of the neighborhood, and the proposed park along First Street between Polk Street and Lakeview Street. It is recommended that centrally located pathways be established in both the east-west and north-south directions.
The City is currently considering a project to provide sidewalk, curb, and gutter on the north side of Armstrong Street. Armstrong Street provides good connectivity in an east- west direction and connects to the school bus stop and downtown Lakeport. It is recommended that the City implement this project to provide short-term relief for the lack of pedestrian connections.
In the north-south direction, it is recommended that sidewalk improvements be carried out on Estep Street and Starr Street because of their central location and connection to the
PAGE 3-4
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY above-identified destinations. In addition, High Street is recommended for sidewalk, curb, and gutter because of its proximity to downtown and the likely spillover of downtown traffic and parking—as well as the City’s intention to encourage business uses in this part of the neighborhood, as expressed in the General Plan.
On Exhibit 2, Recommendations, continuous sidewalk and/or street greening are recommended for Armstrong, Estep, Starr, and High Streets in order to improve conditions for pedestrian movement along these streets.
For the identification of long-term projects, the City should utilize Table 1 to identify gaps, and prioritize additional improvements based on community input and areas experiencing the highest use. A general goal should be to maintain a continuous sidewalk on at least one side of each street within the neighborhood. Also, in the areas where a conventional curb, gutter, and sidewalk are infeasible (e.g. due to steep slopes or large trees), a meandering sidewalk may be provided. Parking may not be feasible in these areas due to right-of-way constraints.
Additional criteria for identifying improvements are cost of construction and ease of implementation. Consideration must be given to providing concrete sidewalks, which may include curb and gutter improvements, versus asphalt or decomposed granite (DG) paths which would be continued from the existing edge of pavement conditions.
Table 1 is intended to serve as a general guide for street and sidewalk improvements; the numbers in the table are approximate and several recommendations will require additional study and engineering prior to implementation.
Street Greening
Exhibit 5, Recommended Cross Sections, illustrates typical cross sections for the neighborhood that are in line with current development and conventional street design. However, the City may choose to take additional measures for street greening. Several streets have wide rights of way and may be able to accommodate landscaped elements such as parkway strips along one or both sides, tree wells within sidewalks, or decomposed granite paths Example of greening in mid-block bulbouts with tree plantings. Traffic calming measures such as roundabouts or mid-block bulbouts can accommodate planting. Additionally, private property owners may plant shade trees near sidewalks on their own properties. The street sections in Exhibit 5 do not show these greening elements; however, such elements could be added to the sidewalk area or on-street parking area, or accommodated by narrowing the widths of travel lanes and parking.
PAGE 3-5
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
ADA Compliance
All new and improved sidewalks (including ramps and street crossings) must comply with appropriate standards per the Americans with Disabilities Act. When installing new sidewalk along a street segment, the project should include retrofitting existing sidewalks to make a continuous pathway that meets ADA standards.
Paving
The City currently monitors pavement condition, and has a paving strategy that targets streets in good condition that have minimal deterioration because they are cheaper to repair and maintain than streets where the pavement needs to be pulverized and reshaped. Chip seal is easier to maintain when the condition is already good, and the City should continue to prioritize maintaining these streets.
Additionally, the City should prioritize roadway repair and repaving efforts on streets with the highest traffic volumes and lowest PCI values. In general, all streets with a PCI value below 50 should be repaired or repaved. Table 1 identifies the typical width of pavement on each neighborhood street, and recommended pavement improvements. Exhibit 5 illustrates the recommended cross-sections referenced in Table 1.
The City recently completed a detailed PCI evaluation which can be used to identify roads with an immediate need for repair. The priority roads for the study area with a PCI value of less than 10 are as follows: Lakeview Street (Second Street to First Street), Ruby Drive (Armstrong Street to end), Polk Street (Armstrong Street to Martin Street), and Banaszek Drive (Smith Street to Orchard Street). These roads are graphically represented on Exhibit 2, Recommendations.
Traffic Calming
Traffic calming improvements should be made as funding is available and and longer- term projects identified beyond the projects recommended in this study. The City should prepare a traffic calming study identifying measures that will calm traffic without causing spillover traffic on parallel streets.
Speed humps provide the highest cost-benefit ratio and have the biggest impact in reducing speeds on streets when spaced between 300 and 500 feet. However, rerouting of traffic to parallel streets is a common occurrence when speed humps are installed. The City should monitor parallel streets for a possible diversion in traffic and act appropriately. Rubberized speed humps doweled into the existing pavement are more cost effective than asphalt speed humps. Both types of speed humps are equally effective, but asphalt speed humps have a longer life.
Mini-roundabouts are ideal for neighborhood streets and are an effective measure to slow down traffic and control traffic at intersections. Bulbouts and meandering roadways also calm traffic at costs similar to mini-roundabouts. These measures are not as effective at
PAGE 3-6
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY reducing traffic speeds when compared to speed humps and mini-roundabouts but can provide an aesthetically pleasing environment.
Russell Street is currently a cut-through route; until Smith Street is extended, it is anticipated that it will continue to function as such. The City should consider installing traffic calming measures along Russell Street, but focus on lowering speeds without diverting traffic to parallel streets. Based on feedback from the community, traffic calming measures should be considered along Russell, Armstrong and Second Streets.
The following “Traffic Calming Measures” section identifies appropriate traffic calming measures that can be explored further in the neighborhood. See Exhibit 2, Recommendations, for recommended locations for these measures.
TRAFFIC CALMING MEASURES
Bulbouts
Bulbouts are curb extensions that narrow the roadway by extending the curb into the parking lane or shoulder. Curb extensions may be placed at an intersection or along a roadway. Curb extensions maintain a gap between the extension and the curb to prevent disruption to the gutter or drainage. The purpose of curb extensions is to narrow the width of the road and to slow motorists' speeds as they travel through the intersection, particularly when turning. The design of Example of small bulbout at an intersection bulbouts could accommodate bicycles even if no bike lanes are striped on the approaches. The approximate cost is $5,000 to $10,000 per corner. Further design considerations are presented in the illustrations below.
PAGE 3-7
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Mini-Roundabouts
Traffic circles (mini-roundabouts) calm traffic on residential streets. Mini-roundabouts are raised circular islands constructed in the middle of an intersection. Mini-roundabouts require motorists to maneuver around the circle to proceed through the intersection, which will result in motorist speed reduction. Cyclists can circulate the intersection in the same manner as a motor vehicle. In the event cyclists desire to navigate the intersection as pedestrians, sidewalks and crosswalks are provided. The approximate cost is $10,000 to $25,000 excluding landscaping. Example of traffic circle/mini-roundabout Both traffic circles and bulbouts do result in a loss of on-street parking and thus should be discussed with adjacent property owners, where applicable. The wide curb distance along Armstrong Street could easily accommodate traffic circles and bulbouts without impacting right-of-way.
Some design considerations for bulbouts are illustrated in the example below.
PAGE 3-8
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Vertical Speed Control Measures Speed lumps and speed humps are vertical improvements to a roadway that reduce travel speeds. These geometric improvements are rounded, placed across the streets and are the most effective measure to reduce speeds. The design of speed humps and lumps can be changed to manipulate the impact of the speed reduction; shorter and higher speed lumps and speed humps will have the best results in lowering travel speed. Speed lumps are designed to allow emergency vehicles to travel along the roadway with minimal impact to response times. Example of speed hump Speed humps extend the entire width of the street. Speed humps and lumps are supplemented with appropriate signing and striping to adequately inform motorists of the traffic calming device. The approximate cost is $5,000 to $12,000. Further considerations for design of these vertical control measures are illustrated in the example below.
PAGE 3-9
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
EXHIBIT 5, RECOMMENDED CROSS-SECTIONS
PAGE 3-10
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Table 1: Existing and Proposed Street, Sidewalk, and Paving Conditions Existing Pavement Edge / Proposed Street Segment ROW Curb to Curb Cross Section Sidewalk Comments ALL STREETS – GENERAL COMMENTS Values below are Numbers below Sidewalks could be constructed of concrete, asphalt, or decomposed granite Where provided, make sidewalks ADA compliant; underground and/or relocate utility approximate. reference (DG) as determined on a case‐by‐case basis. poles. Exhibit 5. Second Street Russell Polk 50’ 24’ to 40’ 3 Retain existing sidewalk. Provide additional sidewalk on south side. Sidewalk on the north side is not feasible due to topography. Consider sidewalk on the north side along residential frontage where feasible. Polk Crawford 50’ 40’ 3 Retain existing sidewalk on south side. Sidewalk on the north side is not feasible due to topography. Crawford Tunis 50’ 24’ to 30’ 2 Add sidewalk (or DG path) to south side. Resurface and provide 40’ curb to curb or 36’ edge to edge pavement. Tunis Forbes 50’ 40’ 1 Retain existing sidewalk. Add new sidewalk on south side between Tunis and Brush. First Russell Starr 50’ 40’ 1 Retain existing sidewalk. Provide additional sidewalk on both sides. Starr Polk 50’ 20’ to 24’ 2 Retain existing sidewalk on south side. May consider DG path along north On‐street parking is not required as the street is mainly used for driveway access. side from Starr to Polk. Provide a DG connection from the end of the existing Roadway should not be extended to connect to Starr. sidewalk on the south side to the proposed DG path on the north side. Polk Lakeview 50’ 0’ N/A Retain existing sidewalk on south side. Provide sidewalk or path connecting to Roadway should not be extended to connect to Polk. Instead, a park should be Polk. developed in this right‐of‐way. Lakeview Estep 50’ 12’ to 14’ 4 Retain existing sidewalk. Provide sidewalk on one side (may be on north or Resurface existing pavement. May consider narrower travel way than indicated in south). Cross Section 4. Due to the grade of the roadway, concrete paving is recommended. Estep Brush 50’ 20’ to 30’ 1 Retain existing sidewalk. Provide additional sidewalk on north side. Resurface and retain 36’ curb to edge of pavement. DG path (or sidewalk) may be provided on south side. Brush Forbes 50’ 30’ to 40’ 1 Retain existing sidewalk. Provide additional sidewalk on both sides. Resurface between Brush and High and retain 40’ curb to curb pavement. Russell Compton Second 50’ 24’ Keep Existing Provide sidewalk on east side. Creek on west side will not allow for sidewalk and parking. Repair roadway surface. Second First 50’ 24’ to 40’ Keep Existing Retain existing sidewalk. Provide additional sidewalk on east side. Resurface existing pavement and retain 40’ curb to cub pavement, except along creek where paved width will be less. Creek on west side will not allow for sidewalk and parking; may consider paved shared walk zone. First Armstrong 50’ 32’ to 40’ 1 Retain existing sidewalk. Provide additional sidewalk on both sides. Resurface existing pavement and retain 40’ curb to curb pavement. Armstrong Martin 50’ 24’ 1 (without Retain existing sidewalk. Provide additional sidewalk on east side. May also Prohibit parking along both sides of the street. May consider shared paved walk zone parking) add sidewalk on west side. on east side instead of sidewalk. Compton Neighborhood Russell 50’ 40’ 1 Retain existing sidewalk. Provide additional sidewalk on north side. Sidewalk on south side is difficult due to drainage channel. Boundary Second Street Annex Compton Bend in Road 30’ 15’ Keep Existing Provide new 5’ DG path or shared paved walk surface on west side. Resurface and retain 15’ edge to edge pavement. Bend in Road Russell 45’ 24’ to 40’ 1 Retain existing sidewalk on south side. Provide sidewalk on at least one side DG path may be provided instead of sidewalk where there are issues with larger of the street. trees. Resurface and create 40’ curb to curb or 36’ edge to edge pavement.
PAGE 3-11
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Starr Second First 50’ 20’ to 24’ Keep Existing Retain existing sidewalk. Provide additional sidewalk on the east side. First Armstrong 50’ 40’ 1 Retain existing sidewalk. Provide additional sidewalk. Armstrong Martin 50’ 24’ to 26’ 1 Retain existing sidewalk. Provide additional sidewalk. Armstrong Smith Polk 50’ 40’ to 48’ 1 Provide sidewalk on both sides. Resurface and retain a minimum of 40’ curb to curb pavement. Polk Forbes 50’ 40’ to 48’ 1 Provide sidewalk on both sides. Retain a minimum of 40’ curb to curb pavement. High Second Armstrong 45’ 32’ to 40’ 1 Provide sidewalk on both sides. Resurface and provide 40’ curb to curb pavement. Armstrong Martin 45’ 24’ to 40’ 1 Provide sidewalk on both sides. Resurface and provide 40’ curb to curb pavement. Martin Smith Orchard 50’ 24’ Keep Existing Provide concrete sidewalk or DG path on north side and south side. The north side poses challenging geometry. Orchard Estep 50’ 32’ Keep Existing Provide concrete sidewalk or DG path on north side and south side. Creek before High 50’ 24’ to 26’ Keep Existing Provide concrete sidewalk or DG path on north side and south side. Estep Lakeview Second First 50’ 32’ to 40’ 1 Provide sidewalk on both sides. Resurface and provide 40’ curb to curb pavement. First Armstrong 50’ 24’ to 40’ 1 Provide sidewalk on both sides. Resurface and provide 40’ curb to curb pavement. Brush Second First 40’ 32’ 1 Provide sidewalk on both sides. Provide 40’ curb to curb pavement. First Creek 40’ 12’ Keep Existing New 5’ DG path or shared paved walk surface on west side. Resurface and retain 12’ edge to edge pavement. Armstrong Martin 40’ 10’ to 12’ Keep Existing New 5’ DG path or shared paved walk surface on west side. May eliminate parking on west side due to zero setback and provide shared paved walk zone. Tunis Second Armstrong 50’ 24’ 1 Provide sidewalk on both sides. Resurface south of First and provide 40’ curb to curb pavement. Estep Second First 50’ 20’ to 24’ 1 Provide sidewalk on both sides. Resurface and provide 40’ curb to curb pavement. First Armstrong 50’ 20’ to 32’ 1 Provide sidewalk on both sides. Resurface and provide 40’ curb to curb pavement. Armstrong Martin 50’ 40’ 1 Provide sidewalk on both sides. Resurface and retain 40’ curb to curb pavement. Polk Second First 40’ 15’ to 20’ Keep Existing Provide additional sidewalk on east side. Resurface, retain curb to curb pavement, and connect to proposed park. First Armstrong 40’ 20’ to 40’ 1 Provide sidewalk on both sides. Resurface, provide 40’ curb to curb pavement, and connect to proposed park. Armstrong Martin 30’ 20’ to 24’ Keep Existing Retain existing sidewalk on east side. Resurface street. May lose parking on west side if street is improved with DG path or shared paved walk zone. Ruby Cul‐de‐Sac Armstrong 45’ 35’ 1 Retain sidewalk. Resurface and retain existing curb to curb pavement.
PAGE 3-12
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
SECTION 4: HOUSING & PRIVATE PROPERTY
I. INTRODUCTION
In a residential neighborhood, the condition of housing is of primary importance, and the City of Lakeport recognizes this by offering programs for housing rehabilitation. In addition, the City’s code enforcement program aims to ensure that private property is maintained according to health and safety codes.
Residents of Forbes Creek Neighborhood appreciate good neighbors who take care of their properties, because property maintenance affects the appearance of their street. They expressed concern about some “blighted” or “dilapidated” homes, and lack of maintenance.
This section discusses the condition of housing and maintenance of private property in the neighborhood. Information is derived from the consultant survey of housing conditions east of Spurr and Smith Streets. The housing condition survey included the wall, roof, foundation, windows and doors, landscape, and fencing for each property, as observed from the street.1 Housing type (e.g. detached, attached) and garage presence and size were also noted.
The neighborhood’s charmingly eclectic collection of mailboxes shows the pride that many residents take in their properties.
II. EXISTING CONDITIONS
As noted in the Introduction, the neighborhood has a varied housing stock of approximately 260 units (on a smaller number of parcels) that include small multi-family complexes, duplexes, and large properties with single-family homes—some of which are shared with other, smaller units.
1 This section will focus on walls, roofs, windows/doors, and landscape. Foundations tended not to be visible, and fencing condition was similar to landscape condition.
PAGE 4-1
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
The 2010 Census counted 33 vacant housing units, or a 13.2% vacancy rate, compared to a citywide percentage of 16.4% and vacancy of 25.2% in Lake County as a whole. The housing survey did not note a significant proportion of vacant homes. There are 9 vacant lots in the neighborhood without any housing structures.
Housing Conditions
Generally, housing stock in the neighborhood is in good condition. Housing attributes including roofs, house walls (sides of the house), and windows and doors (assessed together) were rated through field observation on a 5-point scale from “does not need repair” to “needs replacing.”
Few properties in the neighborhood had components that needed to be replaced, based on the field observations. Most windows and doors were in good condition, with 13 in need of repair or replacement due to broken glass or damaged wood. Another 44 needed slight repair such as repainting. The need for wall repairs was somewhat more common, with 16 properties needing repair and another 62 needing at least a paint touch-up.
Roofs were generally in good condition, with 15 properties identified as having roofs that needed repair or replacement. Roofs throughout the The wall condition at top would be neighborhood appeared to need at least slight rated “needs slight repair,” while the repair, with some shingles curling or loose (44 broken glass and wood damage at properties fell into this category). The actual number bottom would warrant the rating of properties needing roof repairs may be slightly “needs repair” (photos are not from higher since several rooftops did not have enough Lakeport). area visible from the street to be surveyed.
Yard Maintenance
Yard maintenance was rated on a four-point scale, from “well-maintained” to “poorly maintained.” The presence of trash and clutter was also noted. Issues with yard maintenance were more widespread than housing maintenance issues. Seven properties were rated “poorly maintained,” all between the north side of Armstrong and Martin. This rating means that the yards had excessive weeds and gave a general impression of disorder. An additional 9 properties had trash and excessive clutter. A total of 30 properties were rated “under-maintained,” and property maintenance on more than half the remaining properties would need to improve in order to match the well-maintained properties in the neighborhood.
PAGE 4-2
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Areas with Best and Worst Conditions
Although properties with maintenance issues were distributed throughout the neighborhood, some areas had a greater extent of serious issues than others. Exhibit 1, Existing Conditions, shows the areas with the fewest maintenance issues, and those with the most. Areas with “Fewer Property Maintenance Issues” are contiguous groups of properties in which no property had a significant maintenance issue, defined as: a housing issue more serious than “needs slight repair”; a yard that was rated “under- maintained” or “poorly maintained”; a yard with trash and clutter; or a code violation in the last three years. The area with “More Property Maintenance Issues” has the highest predominance of properties with the types of the issues listed above.
Generally, areas with more issues were found south of Armstrong Street or east of Tunis Street. Aside from these areas near the neighborhood’s interface with non-residential uses, the neighborhood has a strong core where homes and yards are well maintained.
Accessibility
The housing conditions survey sought to determine whether properties had front doors that were accessible by wheelchair from the street or from a driveway. Only a handful of properties were fully accessible. However, several more homes could be made accessible simply by installing a small ramp to clear the final few inches of the threshold. Such features enable residents to “age in place” in their homes.
III. RECOMMENDATIONS
To improve property maintenance in the neighborhood, the City may consider two strategies: keep the well-maintained areas in good condition by addressing threats posed by nearby properties with maintenance issues, but also aggressively target areas that are negatively impacting the neighborhood as a whole. In either case, the City will need to use a combination of code enforcement, community building, and assistance programs.
There are a number of possible reasons why properties are not being maintained. Below are three possible situations that may lead to disrepair, with corresponding recommendations.
Situation 1: Inability to maintain a house or yard due to financial issues and/or physical limitations. As people age, they start to need assistance from others to maintain their properties. Others may be too busy trying to make a living to find time for maintenance, or cannot afford necessary repairs.
Recommendations for Situation 1:
Home Repair Financial Assistance. The City of Lakeport’s Housing Rehabilitation Program offers financial assistance to those who are unable to afford home repairs. After identifying particular areas in the neighborhood to target, the City should make special efforts to reach out to these areas and encourage property
PAGE 4-3
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
owners to take advantage of these programs. If there are consistent barriers that prevent people from using the programs, these should be addressed.
Volunteer Repairs and Maintenance. Across the country, there are many examples of volunteers assisting with private property repairs and cleanup. The Senior Center director cited a local example of a contractor who constructed a wheelchair ramp for free, allowing someone who had been homebound for an extended period to venture outside. However, a local program that matched people in need with volunteers is no longer operating, and Lake County does not seem to have any organizations currently offering this service.
Volunteer efforts are more successful when they are led by a core of motivated people who are willing to commit time for an extended period, or when they are supported by someone who is in a paid position in an organization or local government. Local businesses can also mobilize their employees to do service projects. Many cities use the Martin Luther King, Jr. Day of Service as an occasion to organize annual volunteer activities.
Youth and Senior Volunteers. Youth often feel that they have “nothing to do” and desire a stronger sense of belonging in their community. This sense of belonging, and sense of being useful, can come from taking a leadership role in improving their neighborhood and helping neighbors. Retired seniors can also find themselves in a similar situation, feeling as though they are no longer contributing to society. Youth and senior involvement should be a key component of any effort to organize volunteers.
Accessibility Improvements. In the above programs, encourage housing improvements that provide ADA access to front doors.
Situation 2: Insufficient peer pressure. “Keeping up with the neighbors” and a feeling of pride in the neighborhood are key motivators for good property maintenance. People lacking connections to neighbors who feel pride in the neighborhood and take care of their properties may not be as motivated to do their part. This can be the case with renters, absentee landlords, and people who don’t know others in the neighborhood.
Recommendations for Situation 2:
Good Landlord Program. The City can make additional efforts to instill a sense of neighborhood responsibility among landlords. Some cities offer regular landlord training programs to help landlords manage their properties more effectively (see the Lancaster case study in Section 8; another example is Portland). Local realtors are invaluable partners in any efforts to reach out to landlords.
Work with local realtors to distribute educational materials about good practices to property owners who are renting properties, including a “crime free lease addendum,” and offer similar materials through the City website. Explore ways to create a peer group of landlords who can share best practices and provide mentoring for people renting their properties for the first time.
PAGE 4-4
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Community Building. Please see recommendations in Section 7 related to building social connections between neighbors and a sense of pride in the neighborhood.
Recognition Program. A “yard of the month” award would shine a spotlight on exemplary yard maintenance efforts, with a yard sign and small token of appreciation such as garden gloves. To further encourage a culture of pride in maintenance within the neighborhood (or city), create a volunteer committee of residents to run the program and solicit nominations from residents.
Situation 3: Being overwhelmed by overall block conditions. Residents who live near other properties that are not well-maintained, whose properties are threatened by flooding, or who live on a street with poor pavement conditions may feel that their efforts to maintain their property are futile in the face of these larger external forces.
Recommendation for Situation 3:
Model Block. Focused City investments to improve infrastructure and appearance on a single block can have a “wow” factor that makes residents feel that their neighborhood is changing for the better, and gets them excited about engaging in improvement efforts. This is also an effective way to encourage coordinated installation of sidewalks and street trees. Successful model block programs engage every resident on the block to help plan improvements.
Initiate a Model Block program that engages residents along Armstrong Street, between Estep and High Streets, before constructing infrastructure improvements in that area. Incorporate their ideas into the design of the traffic calming devices and bus stop improvements. Support property cleanups and repairs along the block. Celebrate the completion of improvements by holding a block party and inviting the rest of the neighborhood.
PAGE 4-5
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
This page intentionally left blank.
PAGE 4-6
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
SECTION 5: SAFETY
I. INTRODUCTION
This section discusses safety and crime in the neighborhood. Traffic safety is addressed in Section 3. Safety did not appear to be a primary concern in the neighborhood, but it was a subject raised by survey respondents and discussed in the meeting with residents.
II. EXISTING CONDITIONS
Criminal Activity
Some residents expressed concerns about criminal activity in the neighborhood, particularly the use and sale of drugs. They cited unwanted activity on Armstrong, youth smoking marijuana on 1st and Russell, and residents selling drugs. Residents expressed that a fear of intimidation and retaliation prevented them from going to the police with their concerns.
Residents were also aware of petty theft in the neighborhood, such as bikes and lawn mowers being stolen from yards. They also mentioned a break-in and someone attempting to steal a car.
A review of crime reports from April to October 20111 showed 60 incidents of minor criminal activity throughout the neighborhood, mostly reflecting the issues brought up by residents—theft, property crimes, breaking and entering, family offenses, and drugs—but also four assaults on Martin Street (400 block, which is where the Fairgrounds are located) and one on Forbes Street. Only one of these assaults was reported at night.
If residents are not reporting some incidents of drug sales and use, the actual activity is likely higher than the crime reports show. Reviewing reported incidents in those six months, there was not a noticeably higher incidence in the neighborhood relative to other areas of the city.
Neighborhood Watch
An informal neighborhood watch exists among residents of Polk Street. There is no formal neighborhood watch program in the City of Lakeport, although the Police Department expressed interest in creating one.
1 Using crimereports.com, as suggested by the Lakeport Police Department. Six months is the maximum time period available on this website.
PAGE 5-1
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Lighting
A nighttime observational survey of lighting conditions in the neighborhood revealed mostly dark streets between the high streetlights at intersections. North/south streets especially tended to be dark, including Forbes Street, which had no streetlights between 2nd Street and Martin Street. Of the east/west streets, Martin Street had the most consistent illumination.
The City is considering the installation of streetlights along portions of Armstrong Street, which currently has patchy illumination and an especially dark area between Estep and Brush where there is no streetlight at the corner of Tunis.
Between the streetlights, illumination was occasionally provided by lights that residents had installed on their own properties.
III. RECOMMENDATIONS
Resident suggestions for improving safety in the neighborhood included a more visible police presence, neighborhood watch groups, and better landlord control over tenant activity. The following safety recommendations reinforce these suggestions.
Neighborhood Watch
Neighborhood residents can play an important role in safety by keeping an eye on their block and reporting suspicious activity to the police. If fear of retaliation is a concern, it will be essential to create an overall culture of safety and sense of partnership with the police so that residents feel that they are protected when they report crimes. A formal Neighborhood Watch program would help to foster this culture. The City should also strive to provide ample opportunities for residents to get to know and trust the police officers who patrol the neighborhood.
Crime Free Rentals
Some cities work with owners of multi-family properties to use, and enforce, a “Crime Free Lease Addendum.” Renters sign this addendum to their lease agreement, which states that their lease shall be terminated if they commit certain criminal acts on the property. Landlord training makes this type of program more effective. The City should consider including this type of lease addendum in educational materials distributed to landlords. Please see the Good Landlord Program recommendation in Section 4, Housing & Private Property.
Lighting
Installation of additional street lights for safety should be balanced with the risk of light pollution which interferes with the enjoyment of the night sky, and creating glare into windows which interferes with sleep. This is an issue deserving further exploration among residents.
PAGE 5-2
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
The eastern portion of the neighborhood with commercial properties is a prime candidate for additional lighting, ideally with an extension of the pedestrian-scaled lighting from downtown. Street lighting should also be considered in conjunction with sidewalk installation, especially on streets identified as priorities for pedestrian movement such as Armstrong, Starr, Estep, and High Streets (see Exhibit 2, Recommendations).
Community Building
Beyond Neighborhood Watch and its focus on preventing crime, neighborhood safety can be strengthened by promoting social connections between neighbors and developing a sense of shared responsibility for the neighborhood. Please see Section 7, Community Building, for further recommendations related to community building.
PAGE 5-3
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
This page intentionally left blank.
PAGE 5-4
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
SECTION 6: PARKS, TRAILS & GREENING
I. INTRODUCTION
This section focuses on “urban greening”, particularly park, trail, vegetation, and other natural features in the Forbes Creek Neighborhood. Benefits of urban greening are abundant – additional recreation opportunities, better connectivity, enhanced aesthetics, improved community health, higher property values, increased public safety (through “eyes on the street”), expanded socialization and community building opportunities, and a stronger image and identity for the neighborhood.
II. EXISTING CONDITIONS
Forbes Creek Neighborhood is home to a variety of assets and challenges in the area of “greening”. The following outlines these conditions based on a combination of neighborhood observation, research, and resident discussions.
Parks and Recreation
Currently, Forbes Creek Neighborhood residents use the Lake County Fairgrounds property and the Konocti Christian Academy for such activities as casual play, baseball, and walking. However, no formal joint use agreement exists to protect and enhance the recreational use of the properties. The neighborhood also enjoys close proximity to Lakefront and Library Parks, with a number of residents noting that they walk to these parks daily. Fairgrounds fields provide open space.
Additional recreational needs appear to be met through informal use of the neighborhood streets and sidewalks for walking, bike riding, and play. However, lack of sidewalks and poor street conditions make it difficult to safely enjoy these activities in numerous parts of the neighborhood.
Vacant and Undeveloped Property
A significant area of undeveloped land exists along the First Street right of way between Lakeview and Starr Streets, with additional property at the corner of First and Polk. Much of the large open space is currently owned by the City and already includes public access via a narrow sidewalk. Beautiful views of the Lakeport vicinity are available at First and Lakeview, the highest point in the eastern neighborhood area. At present, the weed-filled open spaces do not contribute positively to the neighborhood image or environment, but both represent opportunities to expand the neighborhood green space, trails, and
PAGE 6-1
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY recreational amenities. Additional unused right of way exists on Brush Street between First and Armstrong, as depicted below.
Unused right of way
Natural Resources
Large, mature oak trees are found frequently on both public and private property, providing shade, habitat, and a unifying neighborhood design feature. Private gardens and rear and front yard landscaping on many properties add to the lush and natural aesthetic of the neighborhood. However, it is not uncommon to also find blocks with little to no vegetation – public or private.
Natural creeks and mature trees are visual and natural resources in the neighborhood.
Creek is a particularly striking natural feature in the neighborhood, with numerous views of the tributaries available throughout. Despite the flooding issues and current unkempt appearance, the creek with its tributaries is an appealing amenity that could become an attractive aesthetic resource for the neighborhood.
PAGE 6-2
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
III. RECOMMENDATIONS
Opportunities to enhance the neighborhood’s natural environment are plentiful. The following strategies can help create a stronger, healthier, and greener neighborhood.
Forbes Creek Neighborhood Park
First row: Existing conditions along First Street right of way. Second row: Potential elements of a neighborhood park.
Establish an iconic park and multi-use trail within the First Street right of way from Lakeview to Starr, including a footbridge to cross the creek at Starr. In addition to the trail, consider attractive entry signage, neighborhood-designed public art, exercise stations, sitting areas along the trail and a viewing area at Lakeview and First that takes advantage of the beautiful vista. Additionally, look into utilizing the vacant lot adjacent to the right of way for a complementary pocket park that serves as a convenient play area for the many children in the neighborhood.
Brush Street Trail
Develop a simple path within the Brush Street right of way between First Street and Armstrong Street. A trail here, ideally for both walking and bicycling, would increase neighborhood connectivity and enjoyment of the creek. Preliminary field observations indicate that a trail may be feasible along the eastern portion of the right of way; however, precise dimensions, location, and overall feasibility would need to be determined with further study. The northern part of this right of way Brush Street right of way
PAGE 6-3
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY is used as primary access for the residential unit at 115 S. Brush Street. Forbes Creek runs through the southern portion of this area and poses potential constraints to the design and location of the trail. Due to slope, sight distance, or other issues, this trail may not be suitable for bicyclists or may be infeasible altogether.
Joint Use Agreements
Work with the school and the fairgrounds to formalize an agreement for use of the recreational facilities and open space. A joint use agreement will provide more assurance that residents will be able to use and enjoy these facilities. In exchange, the City should assist in maintaining the shared facilities.
Street Greening
Retain mature trees and plant new trees in the neighborhood whenever possible. Where trees exist in the public right of way, consider using decomposed granite pathways as they can accommodate trees better than traditional concrete sidewalks.
In streets with wide rights of way, consider adding features planted with trees or other vegetation to Decomposed granite (DG) pathway enhance the street. See “Street Greening” in Section 3, Streets and Sidewalks, for further discussion of such features, which can be used to slow traffic and create a better environment for walking.
Consider adding amenities such as trees, seating, and a garbage receptacle at the school bus stop at Armstrong and High Streets.
Involve the community in tree planting and street greening efforts to help economize, but more importantly to enhance social cohesion and stewardship. Street greening opportunities
Creek Enhancement
Develop the creeks as an attractive neighborhood feature. Enhance visible creek areas and incorporate attractive railings, interpretive signage, seating, and footbridges (where appropriate). These types of projects are perfect for Eagle Scouts, or could be sponsored by a civic organization. These enhancements will need to be coordinated with plans for installing storm drain and other drainage improvements. Involve the community in creek cleanups to help improve the look and function of the creek, as well as to strengthen the sense of community in the neighborhood.
PAGE 6-4
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Examples: rainwater capture barrel, creek interpretive signage, and footbridge.
On-Site Rainwater Capture
Encourage and explore incentives for on-site rainwater/stormwater capture such as residential rain gardens, rainwater barrels, etc. Incorporate a citywide education campaign on the benefits of on-site rainwater capture.
PAGE 6-5
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
This page intentionally left blank.
PAGE 6-6
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
SECTION 7: RESIDENT ENGAGEMENT & NEIGHBORHOOD PRIDE
I. INTRODUCTION
When listing positive neighborhood attributes, residents repeatedly said they appreciated the good neighbors and friendly people. This indicates that there are some positive social relationships between neighbors, which is a valuable asset.
Many of the recommendations in this study rely upon resident involvement, or will be more effective if residents are involved. At the most basic level of involvement, residents can help improve their neighborhood by communicating with the City about issues they see—just as they did in this neighborhood improvement study. For example, they can communicate about criminal activity or code violations, and alert the City about properties being rented so that the City can reach out to landlords. They might be the first to notice an elderly neighbor who is becoming homebound and may need additional services from the Senior Center.
At a more advanced level, residents may organize into groups to advocate for certain improvements or carry out initiatives themselves such as volunteer yard cleanups and tree planting. This section describes ways to promote greater resident involvement in maintaining a strong neighborhood.
II. EXISTING CONDITIONS
The resident response to this neighborhood improvement study indicates that there are residents who care enough about improving the neighborhood to take the time to express their opinion. A survey (distributed in part by a volunteer from the neighborhood) was returned by 20 residents, and a morning meeting at City Hall was attended by nearly 10 residents. In addition, at least five residents who had read the flyer about the study came out of their homes to talk with the consultant team.
There is other evidence of resident involvement. As noted in the Safety section, residents on Polk Street have organized themselves into an informal neighborhood watch group. At the larger community level, residents are involved in civic organizations and made an impressive number of donations to pay for the lampposts installed downtown.
The people who got involved in the neighborhood improvement study are good candidates for further involvement in neighborhood improvement efforts. Still others could be mobilized for particular initiatives that are important to them.
PAGE 7-1
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
III. RECOMMENDATIONS
Neighborhood Identity
A sense of identity is linked to a sense of pride in a neighborhood. Identity comes naturally from the setting and features of the neighborhood. To improve the sense of neighborhood identity, call attention to its assets.
Fortunately, Forbes Creek is a strong identity feature that already exists here. Currently a mixed blessing, the creek can create real value for the neighborhood if the flooding issues are addressed (see Section 2) and appropriate enhancements are made (see Section 6).
The proposed park on Lakeview Street would call attention to the already beautiful views and mature oaks on this aptly named street.
The level of upkeep in the neighborhood is another important source of neighborhood identity—positive or negative. This includes public infrastructure such as streets and sidewalks as well as private properties. See Sections 3 and 4 for recommendations to improve maintenance in these areas.
Identity can be enhanced by designating a name for the neighborhood (such as Forbes Creek Neighborhood), especially if this is reinforced through signage and the repeated use of the name in neighborhood events and communications about the neighborhood. Residents should be involved in any formal naming of the neighborhood.
Neighborhood Events
A neighborhood block party is a time-honored way to create social ties between neighbors. It can also be an opportunity for City staff, police officers, and elected officials to meet residents and learn first-hand what is going on in the neighborhood.
Work parties such as cleanup days are team-building opportunities. Sections 4 and 6 offer recommended ways for residents to roll up their sleeves together. Celebrate with a shared meal at the end of the work effort, or plan the work in conjunction with a block party.
Other event possibilities include coordinated garage sales and neighbors decorating their block together for the holidays.
Neighborhood Association
A neighborhood association provides a mechanism for residents to mobilize and create positive change. It opens up a channel of communication between residents and the City (and other entities that affect the neighborhood). Neighborhood associations organize social events and other collective efforts, and advocate for the interests of their members. They can be valuable partners for local governments. But this partnership requires work to sustain over the long term and is best supported with a commitment of staff time. In
PAGE 7-2
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Section 8, the Riverside case study describes programs that support neighborhood associations in that city.
The Potential Funding/Financing Sources section describes the AmeriCorps VISTA Program, which would allow the City to gain a staff member for at least a year who would devote his or her time to initiate programs that address the needs of low-income residents. This VISTA member could launch a neighborhood association program and create other volunteer programs described in Section 4, Housing and Private Property. The City should explore applying for this program.
Communication Forums
The City can keep track of neighborhood issues by offering regular forums for communicating with residents. These could be as simple as the morning meeting that was held at City Hall during this neighborhood improvement study. More formal town hall meetings for the entire community are another option, which could include presentations by City staff or elected officials as well as solicitations of resident input. The Lancaster case study in Section 8 describes town halls and “walks with the mayor” held in that city.
Lakeport has tools for outward communication to residents, including a newsletter and website, which can be used to get the word out about opportunities to provide input and get involved.
Getting Started
To begin the efforts of organizing residents into a cooperative neighborhood group or groups, first approach residents who participated in the neighborhood improvement study as well as others who have been involved in civic affairs in the past. Create a contact list of residents who may be interested in starting a neighborhood association, Neighborhood Watch groups, or other groups.
Identify a few “champions” willing to organize and promote a large neighborhood block party, or a series of small block parties for particular areas. Provide support for the block party or parties. Use the opportunity to listen to residents and gauge their interest in organizing around particular ideas or issues. Provide encouragement to the most committed residents as they begin their organizing efforts, and investigate the options for longer-term staff support. As illustrated in the Riverside example in Section 8, financial support for small items like printing newsletters goes a long way to assist resident efforts.
PAGE 7-3
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
This page intentionally left blank.
PAGE 7-4
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
SECTION 8: IMPLEMENTATION
I. INTRODUCTION
This Neighborhood Improvement Study marks a new effort by the City of Lakeport to focus attention and resources on the community’s residential areas. This section provides case studies of neighborhood improvement efforts in other communities that the City may consider emulating. It also provides a matrix of actions to direct implementation efforts, as well as potential funding and financing sources.
Besides those identified in the matrix, there are two key implementation steps for initiating and maintaining neighborhood improvement efforts: 1. Implement Priority Projects – Projects in the implementation matrix with priority level “A” are recommended as highest priority because they are expected to have the greatest positive impact on issues that were identified in this study. 2. Update Neighborhood Improvement Priorities – Maintaining the neighborhood will be an ongoing effort. Even without a neighborhood association, the City should periodically engage residents in setting priorities for further neighborhood improvements as projects are completed.
II. CASE STUDIES
Cities throughout the United States are focusing on neighborhood revitalization and improvement, using different approaches. To assist the City of Lakeport in its efforts to improve its neighborhoods, a brief review of a few case study approaches are presented in this section.
Strong Neighborhoods Initiative: San Jose, CA
City/Neighborhood Partnership
The Strong Neighborhoods Initiative (SNI) brings together staff from the City of San Jose’s Planning Department, Housing Department, and Redevelopment Agency, along with residents and property owners, with the goal of creating clean, safe, and strong neighborhoods. The Redevelopment Agency Board/City Council designated 19 areas, approximately 10,000 acres total, throughout the City as SNI areas.
The public-private partnerships that come out of the SNI program are aimed at helping each of the neighborhoods achieve its potential as a highly livable community. This project is designed to serve as a stepping stone for neighborhood improvement, but the City recognizes that ongoing maintenance and management are required for ultimate success. Ultimately, independent, self-governing neighborhood organizations are intended to be established (where not already present) to ensure the needs of the
PAGE 8-1
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY neighborhoods are met through perpetuity.
A Neighborhood Action Coalition (NAC) was established for each of the SNI areas. Each NAC consists of approximately 12 to 25 members representing the strength and diversity of the neighborhood, including property owners and tenants, representatives from neighborhood associations, businesses, the faith community, schools and other community stakeholders. Neighborhood Association BBQ
NACs helped develop specific Neighborhood Improvement Plans in 2002 that provided goals, improvement plan concepts, and implementation/strategic action plans. Each of the 19 plans also includes “Top Ten” action items that represent the top priorities for the neighborhood. The NACs continue to work closely with City and Redevelopment Agency staff to implement each neighborhood’s top priority projects, funded by redevelopment budget allocations as well as investment by neighborhood property owners. More than 150 priority projects have been completed in SNI areas to date.
The City’s Housing Department has spearheaded numerous multi-family demonstration projects in the SNI areas, focusing on multi-family areas that have been neglected and have high crime rates and/or other risk factors. These demonstration projects generally focus on improvements that enhance “curb appeal”, such as facade improvements, repaving, and improvements to lighting, fencing, and landscaping. Property owners are Sketch of proposed alley improvements encouraged to collaborate and form an association or agreement for ongoing maintenance, monitoring, and improvements. The success of past projects has led to additional projects in other SNI areas.
Neighborhood Improvement Programs: Lancaster, CA
The City of Lancaster has an array of programs related to improving its neighborhoods, led by City staff, volunteer committees, community partners, and law enforcement partners. There is strong support from the Mayor for these programs, which are featured frequently in the City’s communications with residents.
Revitalization Programs The Department of Housing and Neighborhood Revitalization has been working to improve neighborhoods that face issues with infrastructure, circulation, property maintenance, safety, and health. The department obtains HUD funding and other support for a range of activities. Its efforts include housing rehabilitation and other affordable
PAGE 8-2
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY housing programs, code enforcement, and partnerships with the Sheriff’s Department to carry out special campaigns targeting safety and gang issues.
The department has demolished dilapidated buildings to make way for new affordable housing, a mental health complex, and mixed use development. It has also made investments in the physical infrastructure of the neighborhoods, including sidewalks, parks, a fitness trail, and a community garden. These efforts are guided by neighborhood vision plans prepared by a consultant (RBF).
Community-Based Efforts
UNITE Lancaster Neighborhood Grants Now entering its third year, the City’s UNITE program provides small grants to community organizations and groups of residents that propose projects for beautification, neighborhood interaction, and public safety. The City’s Safer Stronger Neighborhoods Committee oversees this program and coordinates with grantees to carry out projects. Past projects have included building a community garden, painting house numbers on curbs, and hosting a block party. UNITE project Neighborhood Impact Ministry (Photo: Antelope Valley Times) A collaborative of churches in Lancaster formed the Neighborhood Impact program to carry out volunteer ministry activities in “adopted” neighborhoods. Large-scale projects such as cleanups, home painting/rehab, and construction in schools or parks are carried out on the Martin Luther King, Jr. National Day of Service and other work days. The program also maintains a steady presence in the neighborhoods by hosting sports and after school programs as well as social events such as barbecues.
Communication with Residents
Walk With the Mayor Weekly morning hour-long walking sessions in a park, during which residents can talk with the mayor, other elected officials, or City management. The Recreation Department provides a fitness instructor who supervises the walks and teaches senior-targeted stretch and tone classes on other days of the week.
Neighborhood Town Hall Meetings A series of town hall meetings were held at Lancaster schools to provide forums for communication between City staff, the Sheriff’s Department, and neighborhood residents. Each event included presentations by the City and Sheriff’s Department, a question-and-answer session, and an information fair with activities. Town Hall meeting
PAGE 8-3
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Safety Programs
LAN-CAP Rental Property Program The LAN-CAP program addresses safety and maintenance of rental properties through landlord training, certification and inspection of properties, and patrolling by a specialized team. Every rental housing unit in the City is subject to a rental housing business license fee, which supports this program—led by a partnership between the City, County District Attorney’s Office, and Sheriff’s Department. Properties with 16 or more units must also go through a certification process which includes landlord training, implementation of CPTED (crime prevention through environmental design) strategies, property inspection, and tenant crime prevention training. The eight-hour landlord training classes are held multiple times per year; topics include tenant screening, code enforcement, evictions, Section 8, gangs and graffiti, CPTED, Neighborhood Watch, narcotics, and chronic nuisance abatement.
WeTip Partnership The City of Lancaster has a partnership with WeTip, a national nonprofit organization that accepts anonymous crime tips over the phone or online and forwards them to law enforcement agencies. WeTip also offers monetary rewards for tips leading to arrest and conviction, while maintaining the tipper’s anonymity.
Neighborhood Organizing: Riverside, CA
The Housing & Neighborhoods Division of the City of Riverside Development Department recognizes 26 neighborhoods, and provides support to encourage residents to form and maintain organizations in those neighborhoods—including a toolkit, technical support from other residents, leadership training, and an annual conference.
Neighborhood Organizing Toolkit The Neighborhood Organizing Toolkit is a guide to organizing and running a neighborhood organization, available on the City’s website. It also describes City programs of interest to residents such as beautification and code enforcement, and how to report various issues to the City.
Riverside Neighborhood Partnership Web-based map of Riverside neighborhoods The Riverside Neighborhood Partnership was established in 1994 as a forum for neighborhood collaboration and networking. The volunteer board assists neighborhoods with free support in neighborhood organizing and problem solving. All board members are leaders of neighborhood associations
PAGE 8-4
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY currently registered with the City. The group is supported by City staff and meets monthly to discuss neighborhood issues and advocate for neighborhood concerns.
Neighborhood Leadership Academy The Neighborhood Leadership Academy provides residents with management skills that can assist them in leading their neighborhoods. The City provides professional trainers to facilitate interactive workshops on topics such as: communication skills, managing conflict and personality styles, presentation skills and meeting management, systematic problem-solving, team-building, and cultural diversity. Leadership Academy class Neighborhood Conference The City and Riverside Neighborhood Partnership host an annual conference to build resident capacity and leadership, and engage residents in building partnerships with each other and with the City. Typical conference workshop topics include neighborhood safety and community aesthetics, developing effective communications with neighbors, and learning how to work with government to improve neighborhood quality of life. City departments and local agencies set up exhibit booths. The conference is free and includes breakfast, lunch, and children’s activities.
Awards Presented at the Neighborhood Conference, the Neighborhood Spirit Award recognizes extraordinary efforts by a neighborhood association, and the Jack B. Clarke Good Neighbor Award recognizes individual residents in honor of the late Council Member Clarke and his vision of improving the community.
Matching Grants The Neighborhood Matching Grant provides cash to match community contributions of volunteer labor, donated professional services or materials, or cash donations in support of neighborhood-based self-help projects. Projects can be funded up to $1,000 per year to established neighborhood organizations registered with the City.
Newsletter Mini-Grants Neighborhood organizations can apply for $100 in grant funds to offset the cost of newsletters, meeting flyers, agendas, and other relevant print costs.
PAGE 8-5
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
III. IMPLEMENTATION MATRIX
The matrix that follows on the next pages provides specific actions that should be undertaken by the City and its partners within the next several years to implement projects identified in this Neighborhood Improvement Study. The matrix includes the following components:
Actions corresponding to the study recommendations Priority of the project (A being highest priority and C being lowest priority) Cost to indicate least and most expensive items (from $ to $$$) Timing to begin implementation (Short-Term, Mid-Term, Long-Term)
PAGE 8-6
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Table 2: Implementation Matrix
Action Priority1 Cost Timing2
Street Improvements Continue to maintain pavement on streets that are in good condition. A $$$ Ongoing Identify traffic calming treatments for Armstrong and Russell Streets, while A $ S avoiding spillover traffic and seeking opportunities for greening elements (coordinated with Model Block program on Armstrong). Identify desired greening elements for Armstrong, Starr, and High Streets A $ S (coordinated with traffic calming treatments and sidewalk installation). Repair pavement on streets with the lowest PCI values: Lakeview Street A $$$ S (Second Street to First Street), Ruby Drive (Armstrong Street to end), Polk Street (Armstrong Street to Martin Street), and Banaszek Drive (Smith Street to Orchard Street). Install curb/gutter/sidewalk along Armstrong Street between the Sheriff’s A $$$ M Station and the school bus stop (coordinated with Model Block program and other improvements on recommendations map). Install and retrofit sidewalk to fill in gaps along Starr Street, seeking a A $$ M continuous ADA-compliant sidewalk, including any greening elements. Install and retrofit sidewalk to fill in gaps along High Street, seeking a A $$ M continuous ADA-compliant sidewalk, including any greening elements. Install and retrofit sidewalk to fill in gaps along Estep Street, seeking a B $$$ M continuous ADA-compliant sidewalk, including any greening elements. Install traffic calming treatments on Armstrong Street as depicted on the A $$ M recommendations map, including any greening elements. Install traffic calming treatments on Russell Street as depicted on the A $$ M recommendations map, including any greening elements. Improve the school bus stop at Armstrong and High Streets (coordinated C $$ M with Model Block program). Install pedestrian-scaled lighting along Armstrong Street as depicted on the C $$ M recommendations map. Install pedestrian-scaled lighting along High Street as depicted on the C $$ L recommendations map. Install pedestrian-scaled lighting along First Street as depicted on the C $$ L recommendations map. Identify priorities for street lighting in other areas, especially on streets B $ L identified as priorities for pedestrian movement (coordinated with sidewalk installation). Identify further priorities for sidewalk installation among the other locations A $ L listed in Table 1.
PAGE 8-7
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Action Priority1 Cost Timing2 Drainage Improvements Maintain culverts by regularly removing debris and vegetation. A $ Ongoing Continue to remove heavy brush from channels where it contributes to A $ Ongoing flooding. Re-grade and enlarge the roadside swales on First Street, and install an B $$ S appropriate downdrain where the swale discharges into the creek. Install a downdrain to provide drainage to the creek at Armstrong and B $ S Brush Streets. Install a downdrain to provide drainage to the creek at Starr and First B $ S Streets. Stabilize and reinforce the channel bank south of Armstrong near Brush B $$ S Street. Update the 1980 Storm Drainage Master Plan and conduct a cost- A $$ M benefit analysis to evaluate the alternatives for drainage in the neighborhood and size the proposed facilities. Explore the willingness of land owners to allow stormwater detention on B $ M their properties as depicted on the recommendations map and drainage exhibit. Install a cross gutter across Starr at Armstrong Street (or inlets to the B $ L storm drain, if installed). Implement drainage improvements in the updated Storm Drainage A Not L Master Plan. Known Parks, Trails, and Greening Involve the community in creek cleanups. B $ S Establish a park and multi-use trail within the First Street right of way A $-$$$ M from Lakeview to Starr Streets. Determine the feasibility of developing a path within the Brush Street B $ M right of way between First and Armstrong Streets. If feasible, install a path within the Brush Street right of way. B $$ M Approach the fairgrounds about establishing a joint use agreement for B $-$$$ M the recreational facilities there. Work with the County to explore incentives and education for C $ M rainwater/stormwater capture on private properties. Seek a community partner for creating creek enhancements such as A $ L signage and seating.
PAGE 8-8
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Action Priority1 Cost Timing2 Property Repair and Maintenance Conduct outreach to promote financial assistance for home repairs. A $-$$ Ongoing Conduct outreach in the area with the most property maintenance issues to understand the underlying causes behind the need for home repairs A $ S and yard maintenance. With the County and Senior Center, explore options for creating or reviving a volunteer program for yard maintenance and minor home A $$ S repairs. Initiate a Model Block program that engages residents along Armstrong Street, between Estep and High Streets, before constructing A $$ M infrastructure improvements in that area. Work with local realtors to create and distribute educational materials M/ about good landlord practices to property owners who are renting B $-$$ Ongoing properties, and offer these materials through the City website. Partner with a local civic organization to create a “yard of the month” M/ B $ award program. Ongoing Volunteer Programs Initiate a Neighborhood Watch program (coordinated with resident M/ A $$ engagement efforts). Ongoing Use the Martin Luther King, Jr. Day of Service as an opportunity to recruit extra hands for volunteer cleanups and home maintenance, by A $ Annual promoting the event citywide and encouraging businesses to provide volunteers. Create a “youth corps” and “senior corps” of volunteers for M/ B $$ neighborhood/community improvement projects. Ongoing Resident Engagement and Neighborhood Pride Launch a regular forum for two-way communication between the City A $-$$ S/Ongoing and residents, held at least annually. Initiate efforts to organize residents into a cooperative neighborhood A $$ S group or groups (coordinated with Neighborhood Watch efforts). Involve residents in choosing a name for the neighborhood (could be A $ S coordinated with a block party). Support a neighborhood block party or parties to assist in neighborhood A $ S organizing efforts. Explore the feasibility of long-term staff support for neighborhood A $ M associations. Apply for an AmeriCorps VISTA member. A $ M Work with the VISTA member to launch citywide programs supporting A $$ M neighborhood associations and volunteer work. Provide staff support to maintain neighborhood association and A $$ L/Ongoing volunteer programs.
PAGE 8-9
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
IV. POTENTIAL FUNDING/FINANCING SOURCES
The following table provides potential resources to pay for neighborhood improvements, in three main categories: Federal, State, and Local.
Table 3: Funding/Financing Sources FEDERAL AmeriCorps VISTA Program Corporation for National and Community Service AmeriCorps VISTA members spend one year in full-time service at local government agencies and nonprofit organizations to address the needs of low-income communities. VISTAs strengthen and support these organizations by improving their infrastructure, expanding community partnerships, securing long-term resources, training program participants, and developing other activities that help build long-term sustainability for overcoming poverty. The project sponsor is not required to provide a financial match but must be able to direct the project, supervise the VISTA, and provide necessary administrative support to complete the goals and objectives of the project. Federal Safe Routes to School (SRTS) Infrastructure Grants California Department of Transportation (Caltrans) The federal Safe Routes to School program offers grants to local agencies and others for facilities and programs that promote walking and biking to school. Infrastructure grants fund sidewalk improvements, bikeways, traffic calming and other physical projects that enhance bicycle and pedestrian safety near elementary and middle schools. The funds are distributed to each Caltrans district in multi-year cycles according to school enrollment. Local jurisdictions, school districts and other agencies are eligible. The Forbes Creek Neighborhood is included in the Countywide Safe Routes to School Plan that was completed for Lake County in 2009. Hazard Mitigation Assistance Federal Emergency Management Agency (FEMA) FEMA’s Hazard Mitigation Assistance programs include the Flood Mitigation Assistance (FMA) Program and the Pre-Disaster Mitigation (PDM) Program.
The FMA Program provides funds to assist communities in implementing measures that reduce or eliminate the long-term risk of flood damage to structures insurable under the National Flood Insurance Program. These measures may include the preparation of Flood Mitigation Plans and projects to reduce flood losses such as elevation of NFIP- insured structures.
Administered by the California Emergency Management Agency, the PDM program provides funds for hazard mitigation planning and the implementation of mitigation projects prior to a disaster event. This program requires a 25% match and the jurisdiction must have an approved Local Hazard Mitigation Plan.
PAGE 8-10
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
STATE State Community Development Block Grant (CDBG) Program Department of Housing and Community Development (HCD) Already in use by the City of Lakeport, these funds paid for the preparation of this study. CDBG provides partial funding for public infrastructure and new public services to improve health and safety and to expand economic opportunities, principally for low- and moderate-income households. Eligible projects include drainage and flooding mitigation, lighting, recreation facilities, and housing rehabilitation. Home Investment Partnerships Program (HOME) Department of Housing and Community Development (HCD) These grants to cities and counties fund rehabilitation, new construction, and acquisition and rehabilitation of single-family and multifamily housing projects. All activities must benefit lower-income renters or owners, and a 25% match is required, unless waived. CalHome Program Department of Housing and Community Development (HCD) This program includes grants to local public agencies to assist individual households with deferred-payment loans for rehabilitation of housing, including manufactured homes. Infrastructure State Revolving Fund Program California Infrastructure and Economic Development Bank (CIEDP) This loan program provides low-cost financing to public agencies for a variety of infrastructure programs, including: streets, bridges, drainage, flood control, and parks and recreation facilities. Funding assistance ranges from $250,000 to $10,000,000. There must be a dedicated source for debt service of the loan. Tax increment from redevelopment projects is often favored as a funding source for retiring this debt. The term of the loan can be as long as 30 years. California Safe Routes to School (SR2S) Infrastructure Grants California Department of Transportation (Caltrans) Similar to the federal program (listed above), the state Safe Routes to School program offers grants to cities and counties for facilities that enhance bicycle and pedestrian safety near elementary and middle schools, such as sidewalk improvements, bikeways, traffic calming and other physical projects. This program requires a minimum 10 percent match. The Forbes Creek Neighborhood is included in the Countywide Safe Routes to School Plan that was completed for Lake County in 2009. LOCAL Lake County/City Area Planning Council (APC) As Lake County’s Regional Transportation Planning Agency, the APC should be the first stop when pursuing funds for transportation infrastructure projects. General Fund The City’s General Fund is used to support ongoing operations and services, including general government operations, development services, public safety, and community services. Primary revenue sources for the General Fund include property taxes, sales taxes and intergovernmental revenues. It is not uncommon for cities to commit a portion of the General Fund to improvement efforts over a period of years. Improvements and ongoing projects or programs should have general community-wide benefits.
PAGE 8-11
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
General Obligation Bonds General Obligation bonds may be used to acquire, construct and improve public capital facilities and real property. However, they may not be used to finance equipment purchases, or pay for operations and maintenance. G.O. Bonds must be approved by two-thirds of the voters throughout the Issuer’s jurisdiction in advance of their issuance and typically require the issuing jurisdiction to levy a uniform ad valorem (property value) property tax on all taxable properties to repay the annual debt service. Revenue Bonds A form of debt paid back by a specific revenue stream, and which does not require a public vote. Common uses for funds include housing and social services. Benefit Assessment Districts Provided for in the Benefit Assessment Act of 1982, these districts can fund the maintenance and operation costs of drainage, flood control, street lighting, and streets. Landscape and Lighting Districts The Landscaping and Lighting Act of 1972 enables assessments to be imposed in order to finance the maintenance and servicing of landscaping, street lighting facilities, ornamental structures, and park and recreational improvements. Special Benefit Assessments Special Benefit Assessment Districts (ADs) are formed for the purpose of financing specific improvements for the benefit of a specific area by levying an annual assessment on all property owners in the district. Traditionally, these improvements include streets and roads, water, sewer, flood control facilities, utility lines and landscaping.
Each parcel of property within an AD is assessed a portion of the costs of the public improvements to be financed by the AD, based on the proportion of benefit received by that parcel. A detailed report prepared by a qualified engineer is required and must demonstrate that the assessment amount is of special benefit to each parcel upon which the assessment is levied. Prior to creating an assessment district, the city, county or special district must hold a public hearing and receive approval from a majority of the affected property owners casting a ballot. Ballots are weighted according to the proportional financial obligation of the affected properties.
There are many state laws that govern the formation of assessment districts, such as the Improvement Act of 1911, Municipal Improvement Act of 1913, Improvement Bond Act of 1915 and the Benefit Assessment Act of 1982, as well as other specific facility improvement acts. Community Facilities Districts / Mello-Roos Districts Community Facilities Districts levy a special tax on properties within a defined district which receive a general benefit from eligible capital projects and services. Such capital projects include infrastructure, recreation facilities, and open space, and must have a useful life of at least five years. CFDs can also be used to fund flood and storm protection services and maintenance of parks and open space. The improvements may be located outside the district boundaries. CFDs require a 2/3 supermajority approval by the affected property owners (or registered voters within the district, if there are more than 12 registered voters).
PAGE 8-12
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
Development Impact Fees Dedications of land and impact fees are exactions which lessen the impacts of new development resulting from increased demand on infrastructure or services. They are enacted through City ordinances that carefully demonstrate the relationship between the fee pricing and extent of expected impacts.
Further Resources:
Creek Restoration and Water Quality Projects that address flooding issues while improving lake water quality and restoring creek habitat may be good candidates for grant funding. For instance, the Clear Lake Watershed Integrated Management Plan identifies improving fish passage in Clear Lake tributaries as a high priority. According to a neighborhood resident, fish spawn in Forbes Creek near the Fairgrounds. The potential of enhancing the creek’s habitat value for fish should be investigated along with possible funding sources for creek restoration.
Special Financing Districts The consulting firm NBS offers a guide to special assessments and special taxes which is available for download from their website, www.nbsgov.com.
PAGE 8-13
FORBES CREEK NEIGHBORHOOD IMPROVEMENT STUDY
This page intentionally left blank.
PAGE 8-14