CC Resolution 13083 - Reviewing and Accepting the Annual Developer Fee Disclosure for FY 23 RESOLUTION NO. 13083
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, 2023 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
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the Funds, as well as the amount of fees collected, and the interest earned
thereon.
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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 2023-2027, 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,
Resolution 13083 - Development Impact Fees (AB-1600)
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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 5th day of December, 2023, by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPRO ,E :
4(.?
Anne Bybee, Mayor
ATTEST:
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Andrea Sander/City Clerk
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Exhibit 1
City of Campbell
Annual Report of Development Fees and Expenditures for the
Fiscal Year ended June 30, 2023
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, 2023:
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) 2023
Fees collected and interest earned:
Revenues
Storm drainfees $29,907
Investment income 6,393
Unrealized Gains/Losses 1,022
Total Revenues 37,322
Fee expended on public improvement:
Expenditures
20GG — Harriet Avenue Sidewalks 33,746
Total Expenditures 33,746
Excess/(deficiency) of revenues over/(under) expenditures 3,576
Beginning and ending balance:
Fund balance, beginning of year, 343,017
Fund balance, end of year $346,593
CIP# and Title Project Description % of the project Construction
funded with Commencement
development fees Date
20GG — Harriet Design and construct 2% 2020
Avenue sidewalks on west side
Sidewalks of Harriet Avenue
between Westmont
Avenue and Van
Dusen Lane.
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 2
City of Campbell
Annual Report of Development Fees and Expenditures for the
Fiscal Year ended June 30, 2023
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, 2023:
Area Covered Type of Use Fee
Citywide Single-family $27,800 per unit
Multi-family $19,720 per unit
• Secondary /Accessory Dwelling Unit $8,159 per unit
(750sf or Larger)
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) 2023
Fees collected and interest earned:
Revenues •
Park dedication fees $1,182,118
Investment income 98,320
Unrealized Gains/Losses 9,567
Total Revenues 1,290,005
Fee expended on public improvement:
Expenditures
17DD — Campbell Park Improvements 1,103,130
18PP — John D Morgan (JDM) Improvements-Budd 500
20AA—Auxiliary Gym Upgrades 54,009
21 KK— Campbell Park Bike Pathway 3,900
23DD — JDM Park Parking Lots 242
Total Expenditures 1,161,781
Excess/(deficiency) of revenues over/(under) expenditures 128,224
Beginning and ending balance:
Fund balance, beginning of year 3,304,721
Fund balance, end of year $3,432,945
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.
18PP — JDM Enhance and expand 52% 2018
Improvements- amenities located on
Budd the south end of John
D. Morgan Park, near
Budd Avenue.
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CIP# and Title Project Description % of the project Construction
funded with Commencement
development fees Date
20AA— Upgrades to the 100% 2023
Auxiliary Gym Auxiliary Gym,
Upgrades including new paint,
floor refinishing,
restriping, new
basketball
backboards, a new
scoreboard, portable
benches, and
protective padding on
walls.
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.
23DD — JDM Resurface and 100% 2023
Park Parking restripe three parking
Lots lots at 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.
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Exhibit 3
City of Campbell
Annual Report of Development Fees and Expenditures for the
Fiscal Year ended June 30, 2023
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, 2023:
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) 2023
Fees collected and interest earned:
Revenues
Vehicle impact fees $282,638
Investment income 7,959
Unrealized Gains/Losses 204
Total Revenues 290,801
Fee expended on public improvement:
Expenditures
21 SS — Camden Avenue Resurfacing 23,455
22BB —Annual Street Maintenance 45,390
22NN — Campbell Priority Development Area (PDA)
•
Enhancements 13,186
Total Expenditures 82,031
Excess/(deficiency) of revenues over/(under) expenditures 208,770
Beginning and ending balance:
Fund balance, beginning of year 339,866
Fund balance, end of year $548,636
CIP# and Title Project Description % of the project Construction
funded with Commenceme
development nt Date
fees
•
21SS — Camden Resurface pavement on 39% 2021
Ave Resurfacing Camden Ave south of
Winchester Blvd.
22BB —Annual Resurface 'collector and 7% 2022
Street Maintenance residential streets.
22NN — Campbell Design various 15% 2023
PDA pedestrian and bicycle
Enhancements improvements in
Downtown Campbell.
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, 2023
Summary: This Five-Year Report provides information and findings on unexpended funds
in the Parkland Dedication Fee account as of June 30, 2023 pursuant to Government Code
section 66001(d).
Fund Information: The Parkland Dedication Fund (295) currently contains Three Million
Four Hundred Thirty-Two Thousand Nine Hundred Forty-Five Dollars ($3,432,945) 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 2023-2027. The projects include:
a. 17DD — Campbell Park Improvements
b. 20AA—Auxiliary Gym Upgrades
c. 20QQ —Virginia Park Improvements
d. 21 KK— Campbell Park Bicycle Pathway
e. 23DD — JDM Park Parking Lots
f. 24DD — JDM Restrooms Improvement - Budd
g. 24LL — JDM Rincon Recreational Building Assessment
h. 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
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
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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, 2023
Summary: This Five-Year Report provides information and findings on unexpended funds
in the Vehicle Impact Fee account as of June 30, 2023 pursuant to Government Code
section 66001(d).
Fund Information: The Vehicle Impact Fund (202) currently contains Five Hundred Forty-
Eight Thousand Six Hundred Thirty-Six Dollars ($548,636) 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 2023-2027. The projects include:
a. 21 SS — Camden Avenue Resurfacing
b. 22BB —Annual Street Maintenance
c. 22NN — Campbell PDA Enhancements
d. 23BB —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.