CC Resolution 12859 - Add Fees and Deposits for parklets in the public right-of-wayRESOLUTION NO. 12859
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING
THE CITY'S MASTER FEE SCHEDULE TO ADD FEES AND DEPOSITS FOR
PARKLETS IN THE PUBLIC RIGHT-OF-WAY, PROVIDING FOR A ONE-TIME
CONSTRUCTION GRANT TO PROGRAM PARTICIPANTS, AND APPROVING
ASSOCIATED BUDGET -ADJUSTMENTS FOR FY 2023
WHEREAS, an Ordinance has been introduced to add Chapter 11.15 (Parklets in
the Public Right -of -Way) to the Campbell Municipal Code ("CMC") which would establish
a new permit process for parklets in the City of Campbell's public right-of-way; and
WHEREAS, it is in the public interest to ensure adequate fees are charged for
processing permit applications and use of public right-of-way to achieve the City's cost
recovery goals except where an overriding public benefit has been recognized; and
WHEREAS, City staff estimated the full cost to process and review a Parklet Permit
Application to be approximately $2,532, conduct an annual compliance verification of
ongoing compliance with the requirements of Chapter 11.15 (Parklets in the Public Right -
of -Way) to be approximately $602, and cause the removal of parklets in the public right-
of-way to be approximately $3,000; and
WHEREAS, the City is considering the adoption of a Parklet Permit Application
Fee of $1,500, Parklet Annual Compliance Verification Fee of $602, and Parklet Security
Deposit of $3,000; and
WHEREAS, the proposed Parklet Permit Application fee of $1,500 is less than the
estimated cost to review parklet permit applications of $2,532; and
WHEREAS, the City Council finds that the public benefit from subsidizing the
Parklet Permit Application Fee to outweigh the subsidy provided; and
WHEREAS, the proposed Parklet Annual Compliance Verification Fee, to facilitate
annual review of parklets, in the public right-of-way and confirmation of ongoing
compliance with the requirements of Chapter 11.15 (Parklets in the Public Right -of -Way)
including any conditions of approval, is commensurate with the full cost of conducting
such review by the City; and
WHEREAS, the proposed security deposit is anticipated to be adequate to cover
the cost of the removal of parklets in the public right-of-way and/or enforcing the removal
of a parklet; and
WHEREAS, the City Council finds that the establishment of a one-time
construction grant in the amount of $3,000 to program applicants for a calendar year from
the date of the adoption of Chapter 11.15 (Parklets in the Public Right -of -Way) to the
Campbell Municipal Code to be paid at the time of permit issuance from funds received
in response to the American Rescue Plan Act (ARPA) is an annronriate use of such funds-
WHEREAS, no impact to the existing level of service for the right-of-way will result
from adding fees and deposits related to parklets within the public right-of-way.
NOW, THEREFORE, RE IT RESOLVED that the City Council:
Approves the establishment of a one-time construction grant to program applicants
for a calendar year from the date of the adoption of the associated Ordinance adding
Chapter 11.15 (Parklets in the Public Right -of -Way) to the Campbell Municipal Code
in the amount of $3,000 to be paid at the time of permit issuance from funds received
in response to the American Rescue Plan Act (ARPA); and
2. Adopts the following Fees and Deposits for Parklets in the Public Right -of -Way, to be
included in the Schedule of Fees and Charges under the Public Works Engineering
and Encroachment Permit Fees within the Master Fee Schedule.-
Parklets
a) Parklet Permit Application Fee: $1,500
b) Parklet Annual Compliance Verification Fee: $602
c) Parklet Security Deposit: $3,000
3. Approves associated budget adjustments for Fiscal Year 2023, detailed in Attachment
E of the accompanying report and incorporated by reference.
This Resolution shall become effective September 12, 2022, contingent on the passage
and adoption of the associated Ordinance adding Chapter 11.15 (Parklets in the Public
Right -of -Way) to the Campbell Municipal Code.
PASSED AND ADOPTED this 5th day of July, 2022 by the following roll call vote:
AYES:
Councilmembers: Gibbons, Lopez, Landry, Bybee, Resnikoff
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
APPROVED:
i�
Paul Resnikoff, Mayo
ATTEST:
Andrea S ' ders, Interim City Clerk