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CC Resolution 13233 - Annual Developer Fee, Environmental Services Fee, Parkland Dedication Fee, and Vehicle Fee RESOLUTION NO. 13233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL REVIEWING AND ACCEPTING ANNUAL DEVELOPMENT FEE DISCLOSURE INFORMATION FOR THE ENVIRONMENTAL SERVICES FEE, PARKLAND DEDICATION FEE, AND VEHICLE IMPACT FEE AND MAKING FIVE-YEAR FINDINGS FOR THE PARKLAND DEDICATION FEE AND VEHICLE IMPACT FEE FOR THE FISCAL YEAR ENDED JUNE 30, 2024 PURSUANT TO CALIFORNIA GOVERNMENT CODE (GC) SECTION 66001 WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq., authorizes the City of Campbell ("City") to impose, collect, and expend mitigation fees to offset the impacts of development within the City; and WHEREAS, pursuant to its authority under the Mitigation Fee Act (Government Code §§ 66000 et seq.)the City Council established, adopted, and imposed an Environmental Services Fee, a Parkland Dedication Fee, and a Vehicle Impact Fee (collectively, the "Fees"); and WHEREAS, the City has deposited all Fees in separate non-commingled funds ("Funds") established for such a purpose; and WHEREAS, the City has made available to the public within one hundred eighty (180) days following the last day of the fiscal year the annual accounting information ("Annual Report") required by the Mitigation Fee Act related to each of the Fees and Five Year Reports with respect to the Parkland Dedication Fee and Vehicle Impact Fee; and WHEREAS, the City has mailed notice at least fifteen (15) days prior to this meeting to all interested parties who have requested notice of any meeting relative to the City's imposition of the Fees and has held a duly noticed, regularly scheduled public meeting at which oral and written testimony was received regarding the Annual Reports and the Five Year Reports not less than fifteen (15) days after the City made this information publicly available. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Campbell hereby finds and determines as follows: 1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference. 2. In accordance with Government Code Section 66006(b), the City Council has reviewed and approves the Annual Reports for each of the Fees, which are attached to this Resolution as Exhibits 1-3, and are also placed on file with the City Clerk. The Council, based upon the information contained in the Annual Report and the remaining need for the unexpended funds, finds as follows: a. That each of the Annual Reports describe the types of Fees contained in each Funds, including the amount of the fees, the beginning and ending balance of the Funds, as well as the amount of fees collected, and the interest earned thereon. b. That each of the Annual Reports identifies each public improvement on which the Resolution - Development Impact Fees (AB-1600) Page 2 Fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the Fees. c. That there were interfund transfers or loans made from the Funds, as noted. d. That sufficient funds have not been collected to complete the financing of any incomplete public improvement, and that there were no refunds or allocations made of the Fees. 3. In accordance with Government Code Section 66001(d), the City Council has reviewed the Five-Year Report for the Parkland Dedication Fee which is attached to this Resolution as Exhibit 4 and also on file with the City Clerk. The City Council finds, based on the information in the Five-Year Report, as follows: a. Pursuant to Government Code Subsection 66001(d)(1)(A), the Five- Year Report identifies, by reference to City of Campbell Parks and Recreation Quimby Act Fee Update dated December 9, 2019 and the City's Capital Improvement Program 2024- 2028, the purpose to which all unexpended fees, whether committed or uncommitted, contained in the Parkland Dedication Fund will be put; and b. Pursuant to Government Code Subsection 66001(d)(1)(B), the Five- Year Report demonstrates, by reference to the City of Campbell Parks and Recreation Quimby Act Fee Update dated December 9, 2019, a reasonable relationship between the unexpended fees contained in the Parkland Dedication Fund and the purposes to which such fees will be put; and c. Pursuant to Government Code Subsection 66001(d)(1)(C), the Five-Year Report identifies all sources and amounts of funding anticipated to complete financing of incomplete improvements or projects; and d. Pursuant to Government Code Subsection 66001(d)(1)(D), the Five-Year Report identifies that the approximate dates upon which the funding for such incomplete improvements or projects will be deposited in the Parkland Dedication Fund account are unknown; and e. There remain unexpended funds from the Parkland Dedication Fee which are still necessary to complete the purposes for which they were collected. 4. In accordance with Government Code Section 66001(d), the City Council has reviewed the Five-Year Report for the Vehicle Impact Fee which is attached to this Resolution as Exhibit 5 and also on file with the City Clerk. The City Council finds, based on the information in the Five-Year Report, as follows: a. Pursuant to Government Code Subsection 66001(d)(1)(A), the Five Year Report identifies, by reference to the City of Campbell Road Maintenance Fees Analysis, dated June 2007, the purpose to which all unexpended fees, whether committed or Resolution - Development Impact Fees (AB-1600) Page 3 uncommitted, contained in the Vehicle Impact Fund will be put; and b. Pursuant to Government Code Subsection 66001(d)(1)(B), the Five- Year Report demonstrates, by reference to the City of Campbell Road Maintenance Fees Analysis, dated June 2007, a reasonable relationship between the unexpended fees contained in the Vehicle Impact Fund and the purposes to which such fees will be put; and c. Pursuant to Government Code Subsection 66001(d)(1)(C), the Five- Year Report identifies all sources and amounts of funding anticipated to complete financing of incomplete improvements or projects; and d. Pursuant to Government Code Subsection 66001(d)(1)(D), the Five- Year Report identifies that the approximate dates upon which the funding for such incomplete improvements or projects will be deposited in the Vehicle Impact Fund account are unknown; and e. There remain unexpended funds from the Vehicle Impact Fee which are still necessary to complete the purposes for which they were collected. 5. Pursuant to these findings, and at this time, there shall not be a refund of any unexpended Fees. PASSED and ADOPTED this 3rd day of December, 2024, by the following roll call vote: AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: \qPi`dIr Susan M. Lan ry, Mayor ATTEST: a/g Andrea Sande/2h , City Clerk Resolution - Development Impact Fees (AB-1600) Page 4 Exhibit 1 City of Campbell Annual Report of Development Fees and Expenditures for the Fiscal Year ended June 30, 2024 Environmental Services Fee Description: Fees paid by developers to design, install and improve storm drains for new storm drain projects throughout the City. Fee: The amount of the fee as of June 30, 2024: Area Covered Type of Use Fee Citywide R-1 Land Use $2,120 per acre Multi-Family Residential Land Use $2,385 per acre All Other Land Use $2,650 per acre Resolution - Development Impact Fees (AB-1600) Page 5 Exhibit 1 - continued Environmental Services Fund (209) Statement of Revenues, Expenditures, and Changes in Fund Balances for Fiscal Year (FY) 2024 Fees collected and interest earned: Revenues Storm drain fees $14,813 Investment income 30,161 Unrealized Gains/Losses 1,313 Total Revenues 46,287 Fee expended on public improvement: Expenditures 21 SS — Camden Avenue Resurfacing 50,000 Total Expenditures 50,000 Excess/(deficiency) of revenues over/(under) expenditures (3,713) Beginning and ending balance: Fund balance, beginning of year 346,593 Fund balance, end of year $342,880 CIP# and Title Project Description % of the project Construction funded with Commencement development fees Date 21 SS — Resurface pavement 3% 2021 Camden on Camden Ave south Avenue of Winchester Blvd. Resurfacing Inter-fund transfer or loan made description: None. However, transferred funds to Capital Improvement Fund (435) to actually expend funds on projects listed. Refunds made from surplus fees and amount of any allocations made: None. Resolution - Development Impact Fees (AB-1600) Page 6 Exhibit 2 City of Campbell Annual Report of Development Fees and Expenditures for the Fiscal Year ended June 30, 2024 Parkland Dedication Fee Description: Fees paid by developers in accordance with the Quimby Act and utilized for acquisition, development and improvements to community and neighborhood parks in accordance with the Open Space Element. Fee: The amount of the fee as of June 30, 2024: Area Covered Type of Use Fee Citywide Single-family $30,340 per unit Multi-family $21,460 per unit Secondary /Accessory Dwelling Unit $8,570 per unit (750sf or Larger) Junior Accessory Dwelling Unit $0 per unit Resolution - Development Impact Fees (AB-1600) Page 7 Exhibit 2 - continued Parkland Dedication Fund (295) Statement of Revenues, Expenditures, and Changes in Fund Balances for Fiscal Year (FY) 2024 Fees collected and interest earned: Revenues Park dedication fees $581,630 Investment income 157,274 Unrealized Gains/Losses 52,006 Total Revenues 790,910 Fee expended on public improvement: Expenditures 17DD — Campbell Park Improvements 28,005 20QQ — Virginia Park Improvement 108,375 21 KK — Campbell Park Bike Pathway 25,346 23DD — JDM Park Parking Lots 64,564 24DD — JDM Restrooms Improvement - Budd 33,745 Total Expenditures 260,035 Excess/(deficiency) of revenues over/(under) expenditures 530,875 Beginning and ending balance: Fund balance, beginning of year 3,432,945 Fund balance, end of year $3,963,820 CIP# and Title Project Description % of the project Construction funded with Commencement development fees Date 17DD — Enhanced and 92% 2017 Campbell Park expanded amenities Improvements at Campbell Park. 20QQ — Enhance and expand 100% 2024 Virginia Park play amenities Improvement locatedd at Virginia Park. 21 KK — Construct a bicycle 100% 2021 Campbell Park pathway at Campbell Bike Pathway Park between East Campbell Ave and the Los Gatos Creek Trail. Resolution - Development Impact Fees (AB-1600) Page 8 CIP# and Title Project Description % of the project Construction funded with Commencement development fees Date 23DD — JDM Resurface and 100% 2023 Park Parking restripe three parking Lots lots at John D. Morgan Park. 24DD — JDM Replace restroom 100% 2024 Restrooms building located on Improvement - Budd Avenue side of Budd John D. Morgan Park. Inter-fund transfer or loan made description: None. However, transferred funds to Capital Improvement Fund (435) to actually expend funds on projects listed. Refunds made from surplus fees and amount of any allocations made: None. Resolution - Development Impact Fees (AB-1600) Page 9 Exhibit 3 City of Campbell Annual Report of Development Fees and Expenditures for the Fiscal Year ended June 30, 2024 Vehicle Impact Fee Description: Fees paid by developers to fund the cost of street replacement and maintenance due to the cumulative impact of construction and other commercial vehicles at development sites. Fee: The amount of the fee as of June 30, 2024: Area Covered Fee Citywide 0.32% of building permit valuation Resolution - Development Impact Fees (AB-1600) Page 10 Exhibit 3 - continued Vehicle Impact Fund (202) Statement of Revenues, Expenditures, and Changes in Fund Balances for Fiscal Year (FY) 2024 Fees collected and interest earned: Revenues Vehicle impact fees $275,710 Investment income 20,776 Unrealized Gains/Losses 5,523 Total Revenues 302,009 Fee expended on public improvement: Expenditures 21SS — Camden Avenue Resurfacing 850,645 Total Expenditures 850,645 Excess/(deficiency) of revenues over/(under) expenditures (548,636) Beginning and ending balance: Fund balance, beginning of year 548,636 Fund balance, end of year �0 CIP# and Title Project Description % of the project Construction funded with Commenceme development nt Date fees 21SS — Camden Resurface pavement on 56% 2021 Ave Resurfacing Camden Ave south of Winchester Blvd. Inter-fund transfer or loan made description: None. However, transferred funds to Capital Improvement Fund (435) to actually expend funds on projects listed. Refunds made from surplus fees and amount of any allocations made: None. Resolution - Development Impact Fees (AB-1600) Page 11 Exhibit 4 Five-Year Report of City of Campbell Parkland Dedication Fee for the Fiscal Year ended June 30, 2024 Summary: This Five-Year Report provides information and findings on unexpended funds in the Parkland Dedication Fee account as of June 30, 2024 pursuant to Government Code section 66001(d). Fund Information: The Parkland Dedication Fund (295) currently contains Three Million Nine Hundred Sixty-Three Thousand Eight Hundred Twenty Dollars ($3,963,820) in unexpended Parkland Dedication Fees for acquisition, development and improvements to community and neighborhood parks in accordance with the Open Space Element ("Unexpended Fee"). Pursuant to Government Code section 66001(d)(1): A. Purpose. The Unexpended Parkland Dedication Fees will be used to fund acquisition, development and improvements to community and neighborhood parks in accordance with the Open Space Element as identified in the City of Campbell Parks and Recreation Quimby Act Fee Update dated December 9, 2019 and the City's Capital Improvement Program 2024- 2029. The projects include: a. 23DD — JDM Park Parking Lots b. 24DD — JDM Restrooms Improvement — Budd c. 24WW— Los Gatos Creek County Park — Dog Park Renovations d. 25AA — JDM Improvements — Rincon — Design e. 25LL — Renovate E-Wing and Relocate Adult Center f. 26CC — Community Center Skate Park Renovation g. 26DD — Virginia Park Landscape Improvements B. Relationship between the fee and the purpose for which it is charged. There exists a reasonable relationship between the Unexpended Fee described above and the purpose for which it was charged because the improvements will acquire, develop and improve community and neighborhood parks in accordance with the Open Space Element and as set forth in the City of Campbell Parks and Recreation Quimby Act Fee Update dated December 9, 2019. The Fee is a means of ensuring that new developments construct their own parks or provide the City a means for acquisition, development and improvements to community and neighborhood parks in accordance with the Open Space Element. C. Sources of funding anticipated to complete financing of incomplete improvements. Based on the City of Campbell Parks and Recreation Quimby Act Fee Update dated December 9, 2019, the weighted average of fair market value for parkland acquisition is Three Million Seven Hundred Twenty-One Thousand Eight Hundred Seventy-Three Dollars ($3,721,873) per acre. On November 5, 2019, the City Council approved a reduced valuation of Three Million ($3,000,000) per acre for calculating in-lieu fees for parkland acquisition. According to Section 66477(a)(2) of the Government Code, the amount of land to be dedicated or in-lieu fees to be imposed shall not exceed the amount necessary to Resolution - Development Impact Fees (AB-1600) Page 12 provide three (3) acres of parkland per 1,000 residents, unless certain criteria is met. The City General Plan Policy to use the Quimby Act to provide three (3) acres of community, neighborhood, and passive parks per 1,000 residents is consistent with this statutory requirement. Since the City currently provides fewer than three (3) acres per 1,000 residents, the City cannot impose a higher standard through the Quimby Program. All other costs that cannot be funded by the Parkland Dedication Fee are expected to be funded by outside grants. D. Approximate dates on which the funding will be deposited. Parkland Dedication Fees are required to be deposited as developers obtain building permits; the dates on which future Fees will be collected is unknown. Resolution - Development Impact Fees (AB-1600) Page 13 Exhibit 5 Five-Year Report of City of Campbell Vehicle Impact Fee for the Fiscal Year ended June 30, 2024 Summary: This Five-Year Report provides information and findings on unexpended funds in the Vehicle Impact Fee account as of June 30, 2024 pursuant to Government Code section 66001(d). Fund Information: The Vehicle Impact Fund (202) does not currently contain any unexpended Vehicle Impact Fees to fund the cost of street replacement and maintenance due to the cumulative impact of construction and other commercial vehicles at development sites ("Unexpended Fee"). Pursuant to Government Code section 66001(d)(1): A. Purpose. Future Unexpended Vehicle Impact Fees will be used to fund the cost of street replacement and maintenance due to the cumulative impact of construction and other commercial vehicles at development sites as identified in the City of Campbell Road Maintenance Fees Analysis, dated June 2007 and the City's Capital Improvement Program 2024-2029. The projects include: a. 23BB — Annual Street Maintenance b. 27BB — Annual Street Maintenance c. 28BB — Annual Street Maintenance d. 29BB — Annual Street Maintenance B. Relationship between the fee and the purpose for which it is charged. There exists a reasonable relationship between the Unexpended Fee described above and the purpose for which it was charged because the improvements will fund the cost of street replacement and maintenance due to the cumulative impact of construction and other commercial vehicles at development sites as set forth in the City of Campbell Road Maintenance Fees Analysis, dated June 2007. The Fee is a means of ensuring that new developments mitigate the impacts of vehicles to streets and roadways as a result of their developments. C. Sources of funding anticipated to complete financing of incomplete improvements. Based on the City of Campbell Road Maintenance Fees Analysis, dated June 2007, the rate of 0.32% of building permit valuation was established due to related estimated annual street maintenance costs of$244,292 caused by construction vehicles. All other costs that cannot be funded by the Vehicle Impact Fee are expected to be funded by state, county, and federal transportation allocations to the City as well as garage and permit fees. D. Approximate dates on which the funding will be deposited. Vehicle Impact Fees are required to be deposited as developers obtain building permits; the dates on which future Fees will be collected is unknown.