Loading...
HomeMy WebLinkAboutReso - CC - 145-2022 RESOLUTION NO. 145-2022 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE ANNUAL REPORT ON THE STATUS OF IMPACT FEES COLLECTED AS OF JUNE 30, 2022, PURSUANT TO THE MITIGATION FEE ACT (GOVERNMENT CODE SECTION 66000 ET SEQ.), AND MAKING REQUIRED FINDINGS RELATED TO THE CITY’S DEVELOPMENT IMPACT FEES, INCLUDING FINDINGS REQUIRED EVERY FIFTH YEAR BY GOVERNMENT CODE SECTION 66001(d) WHEREAS, the Mitigation Fee Act (Government Code section 66000 et seq.) authorizes a local agency to charge fees on new development to fund public improvements necessitated by the development; and WHEREAS, the Mitigation Fee Act sets forth a number of requirements that local agencies must follow if they are to collect and retain fees from developers to defray the cost of the construction of public facilities related to development projects, including requirements for establishing a nexus or connection between fees imposed and the development project or class of projects paying the fees. Furthermore the fees collected must also be segregated from the General Fund; and WHEREAS, the City Council of the City of Burlingame adopted the following fees pursuant to the Mitigation Fee Act: the Public Facilities Impact fees; the North Burlingame and Rollins Road fees; the Bayfront Development fees; the Commercial Linkage fees; and the Residential Fees; and WHEREAS, the Mitigation Fee Act requires the City to adopt an annual report within 180 days of the close of each fiscal year that provides certain information about the fees, as required by Government Code section 66006(b) (the “Annual Report”); and WHEREAS, Government Code section 66001(d) of the Mitigation Fee Act also requires the City to make certain findings in every fifth year following the first deposit into a fee account (with respect to the portion of the fee accounts remaining unexpended, which accomplish the following the “Five-Year Findings”): A. Identify the purpose for which the fee is to be put. B. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. C. Identify all sources and amounts of funding anticipated to complete financing incomplete improvements. D. Designate the approximate dates on which the funding referred to in section C. above is expected to be deposited into the appropriate account or fund; and WHEREAS, the City has prepared the Annual Report and information as required for the Five- Year Findings, as provided in the staff report attached to this resolution; and DocuSign Envelope ID: 23AA8E57-1C9D-4020-A42F-651AC795B339 WHEREAS, pursuant to Government Code section 66006(b), the information in the Annual Report was made available to the public 15 days prior to the date at which the City Council reviewed the information in the Annual Report, as well as the information for the Five -Year Findings; and WHEREAS, the City Council has held a public meeting on the date indicated in this resolution to consider the Annual Report and the Five-Year Findings; NOW, THEREFORE, be it RESOLVED, that the above recitations are true and correct and fully incorporated herein; and be it further RESOLVED, that for each of the impact fees described above, the City has made the information required by Government Code Section 66006(b) available to the public, has reviewed said information, and hereby accepts the Annual Report on the status of impact fees collected as of June 30, 2022; and be it further RESOLVED, that for each of the impact fees described above, the City Council makes the following Five-Year Findings required by Government Code Section 66001(d): A. The purpose for which the fee is to be put has been identified; B. A reasonable relationship between the fee and the purpose for which it is charged has been demonstrated; C. All known sources and amounts of funding anticipated to complete financing incomplete improvements has been identified; and D. The approximate dates on which the funding referred to in section C. above is expected to be deposited into the appropriate account or fund has been designated. _____________________________ Ricardo Ortiz, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council on the 19th day of December 2022, and was adopted thereafter by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O’BRIEN KEIGHRAN, ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE _____________________________ Meaghan Hassel-Shearer, City Clerk DocuSign Envelope ID: 23AA8E57-1C9D-4020-A42F-651AC795B339