CC Resolution 12899 - Parklet Annual Compliance Verification FeeRESOLUTION NO. 12899
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL DEFERRING THE EFFECTIVE DATE
OF THE PARKLET ANNUAL COMPLIANCE VERIFICATION
FEE TO FY 2024, REMOVING SECURITY DEPOSITS.
RELATED TO PARKLETS IN THE PUBLIC RIGHT-OF-
WAY, AND APPROVING ASSOCIATED BUDGET
ADJUSTMENTS FOR FY 2023. FILE NO. PLN- 2022-39.
WHEREAS, on August 20, 2022, the City Council adopted Chapter 11.15 (Parklets
in the Public Right -of -Way) to the Campbell Municipal Code ("CMC") which establishes a
permit process for parklets in the City of Campbell's public right-of-way.
WHEREAS, an associated Ordinance has been introduced to amend Chapter
11.15 (Parklets in the Public Right -of -Way) to the Campbell Municipal Code ("CMC") to
remove the requirement for a security deposit for parklet permits.
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.
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.
WHEREAS, the City is considering reducing the Parklet Permit Application Fee
from $1,500 to $500, deferring the effective date of the Parklet Annual Compliance
Verification Fee of $602 to FY2024, and eliminating the Parklet Security Deposit of
$3,000.
WHEREAS, the proposed Parklet Permit Application fee of $500 is less than the
estimated cost to review parklet permit applications of $2,532.
WHEREAS, the deferring the effective date of the Parklet Annual Compliance
Verification Fee to FY2024 will result the collection of no fees to cover the anticipated
cost to facilitate the 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).
WHEREAS, the elimination of the Parklet Security Deposit may result in the City
bearing the full cost, or temporarily bearing the full cost, to cause the removal of parklets
in the public right-of-way and/or enforce their removal.
City Council Resolution No. 12899 Page 2 of 2
PLN-2022-39 — Amending Fees and Deposits for Parklets in the Public Right -of -Way
WHEREAS, the City Council finds that the public benefit from subsidizing the
Parklet Permit Application Fee, deferring the collection of the Parklet Annual Compliance
Verification Fee, and eliminating the security deposit fee, outweigh the subsidy provided
and potential cost of enforcing their removal to the City.
WHEREAS, no impact to the existing level of service for the right-of-way will result
from the proposed actions.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:
1. Amends the Fees and Deposits for Parklets in the Public Right -of -Way, included in
the Schedule of Fees and Charges under the Public Works Engineering and
Encroachment Permit Fees within the Master Fee Schedule, as follows with
underlining (i.e., underlining) indicating new text and strikeouts (i.e., s eout-s)
indicating deleted text:
Parklets
a) Parklet Permit Application Fee: $1,500
b) Parklet Annual Compliance Verification Fee: $602 (Effective FY 2024
and
2. Approves the Associated Budget Adjustments as set forth in Exhibit C-1.
This Resolution shall become effective in sixty (60) days.
PASSED AND ADOPTED this 4th day of October, 2022 by the following roll call vote:
AYES:
Councilmembers: Gibbons, Lopez, Landry, Resnikoff
NOES:
Councilmembers: Bybee
ABSENT:
Councilmembers: None
ATTEST: 'k /'
a
Andrea Sanders, Vty Clerk
APPRQYZ7y.P
Paul Resnikoff, Mayor
Exhibit C-1
City of Campbell
Request for Budget Adjustments
Department/Program
Division
Date
Request No.
City Manager
740 - Land Developmento
September 20, 2022
BA-5
Budget to be Reduced
Fund/Program
Account Number
Description
Amount
REVENUE
101.740
101.740
4722
4722
Parklet Permit Application Fee
Parklet Annual Compliance Verification Fee
16,000
9,632
Budget to be Increased
Fund/Program
Account Number
Description
Amount
REASON FOR REQUEST - BE SPECIFIC:
To modify action approved on July 5, 2022; reducing Parklet Permit Application Fee and Annual Compliance Fee Verification
Revenue Estimates.
Will Fuentes
Rob Eastwood
Brian Loventhal
Finance Director
Community Development Director
City Manager