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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 Resolution 13083 - Development Impact Fees (AB-1600) Page 2 the Funds, as well as the amount of fees collected, and the interest earned thereon. J 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) Page 3 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: z424,_a-7 ii)4446.o Andrea Sander/City Clerk Resolution 13083 - 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, 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 Resolution 13083 - 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) 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. Resolution 13083 - 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, 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 Resolution 13083 - 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) 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. Resolution 13083 - Development Impact Fees (AB-1600) Page 8 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. Resolution 13083 - 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, 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 Resolution 13083 - 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) 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. Resolution 13083 - 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, 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 Resolution 13083 - Development Impact Fees (AB-1600) Page 12 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. Resolution 13083 - 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, 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.