CC Resolution 12802 - Development Impact Fees (AB-1600)RESOLUTION NO. 12802
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 2021 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:
Resolution - Development Impact Fees (AB-1600)
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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 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 2021-2025, 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
Resolution - Development Impact Fees (AB-1600)
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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 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 15th day of February, 2022, by the following roll
call vote:
AYES: Councilmembers: Gibbons, Lopez, Landry, Bybee, Resnikoff
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Resolution - Development Impact Fees (AB-1600)
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Paul Resnikoff, Mayor
ATTEST:
o .,
Dusty Christopherson, City Clerk
Resolution - Development Impact Fees (AB-1600)
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Exhibit 1
City of Campbell
Annual Report of Development Fees and Expenditures for the
Fiscal Year ended June 30, 2021
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, 2021:
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
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Exhibit 1 - continued
Environmental Services Fund (209)
Statement of Revenues, Expenditures, and Changes in Fund Balances for
Fiscal Year (FY) 2021
Fees collected and interest earned:
Revenues
Storm drain fees $41,543
Investment income 2,410
Total Revenues 43,953
Fee expended on public improvement:
Expenditures
Total Expenditures
Q
Excess/(deficiency) of revenues over/(under) expenditures 43,953
Beginning and ending balance:
Fund balance, beginning of year
Fund balance, end of year
279,136
323 089
CIP# and Title
Project Description
% of the project
Construction
funded with
Commencement
development fees
Date
No expenditures
incurred in FY2021.
Inter -fund transfer or loan made description:
None.
Refunds made from surplus fees and amount of any allocations made:
None.
Resolution - Development Impact Fees (AB-1600)
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Exhibit 2
City of Campbell
Annual Report of Development Fees and Expenditures for the
Fiscal Year ended June 30, 2021
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, 2021:
Area Covered
Type of Use
Fee
Citywide
Single-family
$24,480 per unit
Multi -family
$17,370 per unit
Secondary / Accessory Dwelling Unit
750sf or Larger)
$7,771 per unit
Junior Accessory Dwelling Unit
$0 per unit
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Exhibit 2 - continued
Parkland Dedication Fund (295)
Statement of Revenues, Expenditures, and Changes in Fund Balances for
Fiscal Year (FY) 2021
Fees collected and interest earned:
Revenues
Park dedication fees $400,116
Investment income 14,039
Total Revenues 414,155
Fee expended on public improvement:
Expenditures
15NN - San Tomas Aquino Creek Trail
17DD - Campbell Park Improvements Design
18PP - JDM Improvements -Budd
21 KK - Campbell Park Bike Pathway
Total Expenditures
Excess/(deficiency) of revenues over/(under) expenditures
Beginning and ending balance:
Fund balance, beginning of year
Fund balance, end of year
1,091
125,337
381,732
40.197
548,357
(134,202)
4,619,956
$4,485,754
CIP# and Title
Project Description
% of the project
Construction
funded with
Commencement
development fees
Date
15NN - San
Trail improvements
11 %
2015
Tomas Aquino
along San Tomas
Creek Trail
Aquino Creek
between
Sillaci Drive and
McCoy Avenue.
17DD -
Design enhanced and
100%
2017
Campbell Park
expanded amenities
Improvements
at Campbell Park.
Design
18PP - JDM
Enhance and expand
52%
2018
Improvements-
amenities located on
Budd
the south end of John
D. Morgan Park, near
Budd Avenue
Resolution - Development Impact Fees (AB-1600)
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CIP# and Title
Project Description
% of the project
Construction
funded with
Commencement
development fees
Date
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
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.
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Exhibit 3
City of Campbell
Annual Report of Development Fees and Expenditures for the
Fiscal Year ended June 30, 2021
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, 2021:
Area Covered
Fee
Citywide
0.32% of building permit valuation
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Exhibit 3 - continued
Vehicle Impact Fund (202)
Statement of Revenues, Expenditures, and Changes in Fund Balances for
Fiscal Year (FY) 2021
Fees collected and interest earned:
Revenues
Vehicle impact fees $279,723
Investment income 3,264
Total Revenues 282,987
Fee expended on public improvement:
Expenditures
18XX - Winchester Blvd Resurfacing 36,940
20JJ - Bascom Ave and Citywide Pavement Sealing 38,876
21 SS - Camden Avenue Resurfacing 14,005
Total Expenditures 89,821
Excess/(deficiency) of revenues over/(under) expenditures 193,166
Beginning and ending balance:
Fund balance, beginning of year 355,113
Fund balance, end of year $548,279
CIP# and Title
Project Description
% of the project
Construction
funded with
Commencement
development fees
Date
18XX -
Pavement resurfacing
7%
2018
Winchester
of Winchester Blvd.
Blvd
Resurfacing
20JJ - Bascom
Slurry seal of Bascom
50%
2020
Ave and
Avenue.
Citywide
Pavement
Sealing
21 SS -
Resurface pavement
39%
2021
Camden Ave
on Camden Ave south
Resurfacing
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.
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Exhibit 4
Five -Year Report of City of Campbell Parkland Dedication Fee for the Fiscal
Year ended June 30, 2021
Summary: This Five -Year Report provides information and findings on unexpended
funds in the Parkland Dedication Fee account as of June 30, 2021 pursuant to
Government Code section 66001(d).
Fund Information: The Parkland Dedication Fund (295) currently contains Four Million
Four Hundred Eighty -Five Thousand Seven Hundred Fifty -Four Dollars ($4,485,754)
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 2021-2025. The projects
include:
a. 15NN - San Tomas Aquino Creek Trail
b. 17DD - Campbell Park Improvements Design
c. 18PP - JDM Improvements -Budd
d. 20AA -Auxiliary Gym Upgrades
e. 21 KK - Campbell Park Bicycle Pathway
f. 21 PP - Campbell Community Center Track Resurfacing
g. 23DD - JDM Park Parking Lots
h. 24DD - JDM Restrooms Improvement - Budd
i. 24EE - JDM Rincon Recreational Building Assessment
j. 25AA - JDM Improvements — Rincon
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
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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 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.
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Exhibit 5
Five -Year Report of City of Campbell Vehicle Impact Fee for the Fiscal Year
ended June 30, 2021
Summary: This Five -Year Report provides information and findings on unexpended
funds in the Vehicle Impact Fee account as of June 30, 2021 pursuant to Government
Code section 66001(d).
Fund Information: The Vehicle Impact Fund (202) currently contains Five Hundred
Forty -Eight Thousand Two Hundred Seventy -Nine Dollars ($548,279) in 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. The 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 2021-2025. The projects include:
a. 20JJ — Bascom/City Pavement Seal
b. 21 BB —Annual Street Maintenance
c. 21SS — Camden Avenue Resurfacing
d. 22BB —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
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Fees are required to be deposited as developers obtain building permits; the
dates on which future Fees will be collected is unknown.