HomeMy WebLinkAboutReso - CC - 048-2015RESOLUTION NO. 48-2015
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AUTHORIZING REIMBURSEMENT AND INDEMNITY AGREEMENTS FOR
COMPLEX DEVELOPMENT PROJECTS AND PROVIDING FOR
REIMBURSEMENT FOR ATTORNEY WORK
WHEREAS, through Resolution 32-2009, the City Council authorized the pass-through
of staff and consultant costs for design review applications for other than single family projects;
and
WHEREAS, City Attorney staff time has not been included in the assessment of such
costs; and
WHEREAS, the City Attorney is a staff member, and time spent on such applications
should equitably be charged to the project proponent rather than the City's General Fund; and
WHEREAS, Planning fees as set forth in the existing Master Fee Schedule generally are
sufficient only to compensate for staff time associated with less complex projects; and
WHEREAS, complex projects generally require more staff and consultant time to
process and incur greater litigation risks for the City; and
WHEREAS, it is common practice for cities to require reimbursement agreements with
applicants proposing complex projects; and
WHEREAS, such agreements shift the extraordinary costs associated with such projects
to the project proponents and limit the litigation risks for cities arising from the processing of
associated applications.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS:
1. The City Council authorizes the inclusion of City Attorney staff time with other staff
and consultant time chargeable under Resolution 32-2009 for the processing of design review
applications for other than single family home projects.
2. The City Council hereby authorizes staff to request and enter into reimbursement
agreements with the proponents of complex development applications, defined as projects
seeking discretionary entitlements for developments comprising sixteen (16) or more residential
units or ten thousand (10,000) square feet or more of non-residential space.
3. Such reimbursement agreements may further provide for defense and indemnity of the
City by the project proponent, but shall not require separate reimbursement for staff time already
compensated by the assessment of fees made applicable to the project by the Master Fee
Schedule.
Terry Nagel, Mayo
I, Mary Ellen Kearney, City Clerk of the City of Burlingame do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council on the 4th day of
May, 2015, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Mary hlen Kearney, City Clerk