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