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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 �c Mary hlen Kearney, City Clerk