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HomeMy WebLinkAboutMin - CC - 2019.01.07 Burlingame City Council January 7, 2019 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting on January 7, 2019 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by the AYSO U10 Boys team. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz MEMBERS ABSENT: None 4. CLOSED AND STUDY SESSION a. CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATORS (GOV. CODE SECTION 54957.6) CITY DESIGNATED REPRESENTATIVE: TIMOTHY L. DAVIS, SONYA M. MORRISON, KATHLEEN KANE, LISA K. GOLDMAN, AND CAROL AUGUSTINE EMPLOYEE ORGANIZATIONS: TEAMSTERS LOCAL 856 City Attorney Kane reported that direction was given but no reportable action was taken. b. STUDY SESSION: UPDATE ON NEGOTIATIONS REGARDING BURLINGAME AQUATIC CENTER CONSTRUCTION PROJECT 5. UPCOMING EVENTS Mayor Colson reviewed the upcoming events taking place in the city. 6. PRESENTATIONS a. PRESENTATION TO THE BURLINGAME AYSO U10 BOYS CHAMPIONS Burlingame City Council January 7, 2019 Approved Minutes 2 Mayor Colson congratulated the AYSO U10 Boys for winning the championship. She noted that their record is currently 21-0 and that they will be competing in the Western States Tournament in Southern California in March. Good luck! Congratulations to Will Mullen-Weaver, Landon Smith, Arjun Sharma, Brandon Loh, Sam Mullen-Weaver, Carlie Topoian, Kingston Armstrong, Ethan Philip, Peter Friedman, Conall Dowdall, and Coaches Ross Armstrong and Geoff Smith. b. SWEARING IN OF NEW POLICE CHIEF MICHAEL MATTEUCCI New Burlingame Police Chief Michael Matteucci was sworn in by retired Police Chief Eric Wollman. Congratulations to the new Police Chief! c. PENINSULA CLEAN ENERGY PRESENTATION Peninsula Clean Energy (“PCE”) CEO Jan Pepper began by explaining that PCE is the official electricity provider for San Mateo County, with cleaner and greener power at lower rates. Ms. Pepper stated that PCE has 15,377 accounts in Burlingame, with only 318 accounts opting out. The City’s participation rate is 97.9% compared to 97.5% across San Mateo County. Additionally, she stated 321 accounts have opted up to ECO100 in the city. Ms. Pepper explained that as of 2019, PCE is delivering 90% greenhouse-gas free energy in comparison to PG&E’s 79%. She stated that the average monthly bill for a resident using 423 kwh is $93.92 versus $96.20 from PG&E. Ms. Pepper explained that ECOplus has saved Burlingame residents and businesses an estimated $847,000 in 2017. She recognized the City for enrolling in ECO100 for its municipal accounts. By doing this, the City has avoided emitting 467 metric tons of GHGs, which is the equivalent of 52,549 gallons of gasoline per year. Ms. Pepper reviewed the work that PCE conducted last year including promoting the use of electric vehicles (“EV”) through test drives at community events and a dealer incentive program. She stated that in 2019, PCE will focus on EV and Building Electrification Reach Codes and EV infrastructure incentives (charging stations). Ms. Pepper discussed PCE’s Community Pilot Program. She explained that PCE has awarded $450,000 to six local pilot projects to spur local innovation, reduce greenhouse gas emissions, support low-income customers, and advance electric transportation. The Community Pilot Program funded programs within the County to: • repair homes for low-income residents, • promote access to electric vehicles, • switch appliances from gas to electric, Burlingame City Council January 7, 2019 Approved Minutes 3 • provide backup power for emergency shelters, and • ensure safe appliance recycling Ms. Pepper reviewed PCE’s EV programs including: • Easy Charge Apartments – providing technical assistance to apartment owners for installation of charging stations • Dealer Promotions/Incentive Program – providing guaranteed discounts on EVs at participating dealerships from October – December 2018 • EV Test Drive Events – conducting test drives of EVs at different events Ms. Pepper stated that they are working with San Mateo County school districts to get charging stations at every school in the county. Next, Ms. Pepper discussed PCE’s “Reach” Code Program. She stated that the purpose of the program is to implement electric vehicle charging infrastructure and building electrification “reach” codes for new building construction in all San Mateo County cities, towns, and the county. She explained that PCE is looking to have cities adopt “Reach” codes by January 2020 to align with CA Building Code updates. Councilmember Brownrigg asked about the PCIA charge increasing appreciably for PCE members. Ms. Pepper replied that PCIA (power charge indifference adjustment) is PG&E’s exit fee that covers the cost of the resources that were acquired on behalf of PCE customers that are no longer needed. She explained that previously, PG&E signed a number of contracts for renewable projects at high prices, but now the price of solar has dramatically decreased. Accordingly, PG&E uses the PCIA charge to help cover the loss. Councilmember Brownrigg noted that SBWMA has some clean energy projects in the works. He stated that PCE and SBWMA should meet to discuss the projects. Ms. Pepper replied in the affirmative. Vice Mayor Beach stated that it was great to see PCE’s commitment to helping low income families. Mayor Colson opened the item up for public comment. No one spoke. Mayor Colson thanked Ms. Pepper for her presentation. 7. PUBLIC COMMENT There were no public comments. 8. CONSENT CALENDAR Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Councilmember Brownrigg pulled items 8b and 8e. Burlingame City Council January 7, 2019 Approved Minutes 4 Councilmember Keighran made a motion to approve 8a, 8c, 8d, and 8f; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. a. ADOPTION OF CITY COUNCIL MEETING MINUTES DECEMBER 17, 2018 City Clerk Hassel-Shearer requested Council adopt the City Council Meeting Minutes of December 17, 2018. b. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH UNIVERSAL BUILDING SERVICES AND SUPPLY COMPANY FOR JANITORIAL SERVICES DPW Murtuza requested Council adopt Resolution Number 001-2019. Councilmember Brownrigg discussed the janitorial industry’s history of sexual harassment and lower wages for women. He stated that he appreciates that the City requires that the company pay prevailing wage and sign off on an anti-sexual harassment policy. He noted that in the appendixes, the company is required to submit audited payrolls to the State. He asked if the City has the ability to audit the company to ensure that they are acting in an ethical fashion. DPW Murtuza stated that his understanding is that during the City’s annual audit, staff does a general contracting audit. However, in terms of a company’s financial audit, the City relies on the State Department of Labor. City Attorney Kane stated that when it comes time to issue a new RFP, the City can include a mechanism in order to ensure compliance. Mayor Colson opened the item for public comment. No one spoke. Councilmember Brownrigg made a motion to adopt Resolution Number 001-2019; seconded by Vice Mayor Beach. The motion passed unanimously by voice vote, 5-0. c. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WILSEY HAM FOR THE NEIGHBORHOOD STORM DRAIN PROJECT NO. 11, CITY PROJECT NO. 85130, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution Number 002-2019. d. ADOPTION OF A RESOLUTION ACCEPTING THE CITY PARKING LOTS RESURFACING PROJECT BY PMK CONTRACTORS, INC. DPW Murtuza requested Council adopt Resolution Number 003-2019. e. ADOPTION OF A RESOLUTION APPROVING THE IMPLEMENTATION OF A MOBILE/SMARTPHONE PAYMENT APPLICATION FOR SMART PARKING METERS WITH IPS GROUP, INC. Burlingame City Council January 7, 2019 Approved Minutes 5 DPW Murtuza requested Council adopt Resolution Number 004-2019. Councilmember Brownrigg asked about signage for the smart parking meters and whether each meter would have instructions. DPW Murtuza replied that staff was working with the Downtown merchants on public outreach and that there would be signage. Mayor Colson opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to adopt Resolution Number 004-2019; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. f. CONFIRMATION OF THE MAYOR’S COUNCIL ASSIGNMENTS FOR 2019 City Clerk Hassel-Shearer requested Council approve the Mayor’s Council Assignments for 2019. 9. PUBLIC HEARINGS a. CONSIDERATION OF ADOPTION OF THE GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT (EIR) CDD Gardiner began by thanking the community for their work and input on updating the General Plan. CDD Gardiner discussed the EIR that was undertaken for the updated General Plan. He explained that general plans are subject to program-level analysis under the California Environmental Quality Act. He stated that the EIR looks at the policy implications of the update and includes proposed mitigation measures. He explained that the EIR found three significant and unavoidable impacts. The first was greenhouse gas emissions. He stated that there will be increases in greenhouse gas emissions until the City’s updated Climate Action Plan is adopted. The second is consistency with Plan Bay Area. He explained that the last version of Plan Bay Area included more housing and employment growth along transit corridors. He noted that while the updated General Plan is technically inconsistent with Plan Bay Area, the next time that ABAG’s consistency plan is updated, ABAG will include the updated General Plan. The third is traffic noise levels that are greater than 3dBA. He noted that the Statement of Overriding Considerations describes both the impacts and the rationale for how the General Plan is environmentally acceptable. CDD Gardiner reviewed the next steps after the updated General Plan is adopted. • Interim Zoning – Urgency Ordinance for most significant “change areas” • Climate Action Plan – review and adopt • Zoning Ordinance Update • Specific Plans • Sea Level Rise Study • Implementation Programs as outlined in Chapter XI Burlingame City Council January 7, 2019 Approved Minutes 6 Mayor Colson stated that the City and community have been working on this update since 2015. She thanked the citizens on the Community Advisory Committee that helped with the update. Mayor Colson opened the public hearing. Burlingame resident Jennifer Pfaff thanked CDD Gardiner and staff for their work on the update. She asked about the maximum height for Broadway. CDD Gardiner explained that the maximum height is 45 feet with density at 50 units per acre. Mayor Colson closed the public hearing. Vice Mayor Beach thanked staff and CDD Gardiner for their hard work and wordsmithing that was done in the final months. Councilmember Keighran congratulated staff and the community for their work on the General Plan. She added that she believed the document did a great job at planning for the future. Councilmember Ortiz stated that the General Plan was a document that all could be proud of and thanked everyone for their hard work. Councilmember Brownrigg stated that the update to the General Plan will not only allow Burlingame to grow with the creation of new neighborhoods, but it will also protect existing neighborhoods. Mayor Colson stated that the updated General Plan is one of the most important pieces of legislation that the City has produced in the past five years. She explained that it is the roadmap for how the City will address concerns in the future. Councilmember Keighran made a motion to adopt Resolution Number 005-2019 (certification of the final EIR); seconded by Councilmember Brownrigg. The motion passed unanimously by voice vote, 5-0. Councilmember Brownrigg made a motion to adopt Resolution Number 006-2019 (adoption of the updated General Plan); seconded by Councilmember Keighran. The motion passed unanimously by voice vote, 5-0. b. ADOPTION OF AN URGENCY ORDINANCE PROVIDING INTERIM ZONING STANDARDS FOR THE NORTH ROLLINS ROAD MIXED USE DISTRICT AND NORTH BURLINGAME MIXED USE DISTRICT City Attorney Kane stated that staff was proposing an interim zoning ordinance for the North Rollins Road Mixed Used District and North Burlingame Mixed Use District because both areas had significant land use changes in the updated General Plan. Therefore, staff wanted to ensure that zoning ordinances were in place for these two areas. She added that by having interim zoning in place with the adoption of the updated General Plan, the City would be able to approve projects in those areas. Burlingame City Council January 7, 2019 Approved Minutes 7 City Attorney Kane discussed the recent California Supreme Court case, City of Morgan Hill v. Bushey. She explained that Morgan Hill adopted a general plan amendment that was not challenged. Then, the City adopted new zoning ordinances to match the general plan, and the zoning ordinances were referended. She stated that the California Supreme Court ruled that an individual could referend a zoning ordinance without ever challenging the general plan. As a result, Morgan Hill has been unable to approve any project because their zoning is inconsistent with their general plan. Therefore, she explained staff is recommending adopting the interim zoning ordinance concurrent with the updated General Plan. She noted that the interim zoning ordinance would not be the final version. CDD Gardiner stated that State law requires zoning ordinances to be consistent with the respective general plan. He acknowledged that staff will need to review and rework the City’s current zoning ordinance to make it consistent with the updated General Plan. However, in order to accommodate the most significant change areas, North Rollins Road Mixed Use District and North Burlingame Mixed Use District, staff has proposed interim zoning. CDD Gardiner explained that a subcommittee of the Planning Commission has been formed to evaluate the interim chapters, as well as the full zoning code as it is developed. After the subcommittee approved the interim zoning, the full Planning Commission reviewed the chapters and recommended that the Council adopt the chapters as proposed. He noted that the interim zoning ordinance includes parking standards, which are not usually included in zoning codes. However, because the two change areas are transit-oriented, staff felt it was important to include. Councilmember Brownrigg stated in reference to Rollins Road, the requirement for 1500 square feet of public open space for a project on a 50,000 square foot lot is not a lot of open space. He stated that often the public space requirement on a multi-family unit project is the dark, unusable area of the lot. He noted that the City needed to be mindful of creating good open space. Councilmember Brownrigg stated that he thought the City should be more ambitious with the North Burlingame community benefit option that sets the rate at 5% for low income or 10% for moderate income. CDD Gardiner stated that the 10% is meant to align with the Council’s recommendations for residential impact fees and the 5% is the standard found in the State Density Bonus Law. Councilmember Brownrigg asked if the interim zoning defined moderate income. CDD Gardiner stated that moderate income is defined by HUD and the County. Councilmember Keighran stated that she thought the inclusionary discussions had depended on the number of units that were to be built. CDD Gardiner stated that the numbers in the interim zoning ordinance are a place holder until the residential impact fees are adopted by the Council. Mayor Colson asked the City Clerk to read the title of the ordinance. City Clerk Hassel-Shearer read the title. Councilmember Keighran made a motion to waive further reading and introduce the ordinance; seconded by Vice Mayor Beach. The motion passed unanimously by voice vote, 5-0. Burlingame City Council January 7, 2019 Approved Minutes 8 Mayor Colson opened the public hearing. No one spoke. Councilmember Brownrigg stated that he would like to make sure that nothing in the zoning code discourages rooftop gardens. Councilmember Keighran made a motion to adopt Ordinance 1957 and Resolution Number 007-2019; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. UPDATE ON THE PARKS MASTER PLAN PROCESS Parks and Recreation Director (“PR Director”) Glomstad explained that the Parks Master Plan is a document to help guide the future planning and development of City parks. She added that it would help prioritize maintenance and planning of parks. She noted that the document will assist the City in obtaining grants. MIG consultant Ellie Fiore began by explaining that the Parks Master Plan reflects community trends; guides future planning and policy; prioritizes investments; and develops sustainable strategies. She stated that the document would be an important tool as the City’s population continues to grow. Ms. Fiore reviewed the community outreach that was undertaken. She stated that MIG conducted stakeholder interviews with City staff, Commissioners, business owners, field user groups, and others. Next, MIG conducted an online survey from May through July 2018 that had over 500 participants. Additionally, they held pop-up events and conducted a phone survey after Thanksgiving with 300 respondents. Ms. Fiore reviewed the results of the public outreach campaign including what the community voiced as important: • spaces for all – children, teens, various groups, adults, and seniors • safety – lighting, fencing, pedestrians • aesthetics – elevated park design • sustainability – climate appropriate, protection from elements • access to nature, wildlife, scenery – natural features in parks • trails – walking, biking • amenities – restrooms, fenced-in dog parks • water recreation, play, adventure activities – expand programing options • community events – large scale, festivals • Bayfront priorities – additional amenities and improved Bay access Ms. Fiore discussed MIG’s technical analysis of the Parks. The technical analysis included reviewing where parks are located and what amenities the City offers. She explained that MIG also analyzed the service area of each park, meaning how many people live within walking distance of a park. This analysis showed which areas of the City are underserved, such as the new change area in North Burlingame. Burlingame City Council January 7, 2019 Approved Minutes 9 Ms. Fiore reviewed how to address the key needs that arose from the study: • Get more out of existing parks – expand amenities, integrate arts and culture, and address demand for sports fields and courts • Serve growth areas and expand public space options • Support walking and biking for fitness, recreation, and transportation • Enhance connections to creeks and nature • Leverage the Bayfront • Leverage the Community Center Ms. Fiore discussed how the updated General Plan looks to include public spaces in the new growth areas and takes into consideration the increased density of the city. Additionally, she identified public space opportunity areas including non-traditional park space such as: Benito Triangle, Civic Center Circle/City Hall, Lot F, Southern Pacific Circle, and Airport Boulevard/Murray Field. Ms. Fiore discussed strategies to support walking and biking for fitness, recreation, and transportation. She noted that they would be coordinating with BPAC and the Bicycle Pedestrian Master Plan on this aspect. She added that the goals for walking and biking in the city would be to establish a city-wide trail network with walking and biking routes; add loops to existing parks; and expand programming. Ms. Fiore discussed strategies to address the demand for sports fields and courts such as partnering with other cities and schools. Ms. Fiore stated that the community outreach showed that the residents believe that the Parks and Recreation Department is doing a good job and that they are satisfied with the amenities and programs. She noted that the community is in support of creating a fenced in, off-leash dog park. Ms. Fiore reviewed the next steps including drafting an action plan; conducting a nexus study for park fees; and coordinating with the Bicycle Pedestrian Master Plan. MIG also will hold community workshops to gather further input and then present the results to the Parks and Recreation Commission and the City Council. Vice Mayor Beach stated that the report was very thorough. She discussed the importance of parks in neighborhoods and asked how the City ensures that open space is created in the new neighborhoods in North Burlingame and North Rollins Road. Ms. Fiore stated that they are creating guidelines and standards for when development occurs to ensure that space is created. Vice Mayor Beach stated that as a region, there is a shortage of preschool opportunities. She asked if this is something that the City should explore in the Parks Master Plan. Ms. Fiore stated that it wasn’t something that came up during the community outreach but is something that the City could look into when the new Community Center comes online. Vice Mayor Beach asked if staff was surprised by anything during the community outreach. PR Director Glomstad stated that the only thing that surprised her is that people wanted fenced-in space for dogs. Burlingame City Council January 7, 2019 Approved Minutes 10 Councilmember Keighran stated that she was also surprised by the fenced-in space for dogs. She noted that it was great to see that 91% of respondents were happy with the Parks and Recreation. Councilmember Keighran discussed proposed State bills: AB 123, 124, and 125 that address State funding upgrading and building out existing pre-schools to address the issue. She asked that staff track these bills in case the City decides to change zoning to create new areas for preschools. Councilmember Ortiz discussed the need to provide bicycle access to the Bay trail from the west side of 101. Councilmember Brownrigg discussed the need to create green open space on Rollins Road. He explained that he didn’t think it was enough to rely on developers to create open space and that the City would need to ensure it is created. He stated that there are other open spaces that the City should be looking at for residents including the flat space on top of Skyline, and the City’s lagoon. He added that the City should work to get the community access to the Crystal Springs Watershed as it is a great place to hike. Mayor Colson opened the item up for public comment. Burlingame resident Jennifer Pfaff discussed the installation of gym equipment near Coyote Point. She stated that she thought it was great. Mayor Colson closed public comment. Mayor Colson stated that the community outreach didn’t reflect the diversity of the community as fewer than 50 people of Asian heritage and fewer than 20 people of Latin heritage participated. She stressed the importance of hearing from a cross-section of the community. Mayor Colson noted that the report doesn’t include private facilities. She explained that these are important assets to the community and that they should be included. Mayor Colson discussed the importance of having a financial component in the Parks Master Plan in order to prioritize projects. She stated that the financial component would assist the public in understanding why all the projects are not undertaken. She noted that the Parks and Recreation Foundation does a lot of great work in the city and that their work should be acknowledged in the plan. b. UPDATE REGARDING SMALL CELL WIRELESS REGULATIONS AND ADOPTION OF A RESOLUTION ADDRESSING FEDERAL PROCEDURAL REQUIREMENTS City Attorney Kane gave an update regarding small cell wireless regulation. She explained that when it comes to the deployment of wireless facilities, the FCC has continually been developing refinements and advances to their regulations that preempt local action. She stated that the FCC is attempting to streamline and nationalize the way local governments evaluate applications for small cell buildouts. City Attorney Kane stated that the FCC published a new order this past fall that goes into effect on January 14. The order further impinges local independence in how small cell build outs are handled. She noted that Burlingame City Council January 7, 2019 Approved Minutes 11 the City is part of a coalition that is trying to challenge aspects of that order in federal court. However, the coalition’s efforts in seeking a stay of the order have not been successful. Therefore, the City has to comply with the FCC order as it currently stands. City Attorney Kane explained that the FCC order clarifies what aesthetic standards the City is allowed to apply to wireless infrastructure buildout. She noted that this is an area that has been the subject of considerable litigation, including by the City. In that case, the City won the principle that they can regulate aesthetics but the question becomes how cities are allowed to regulate. The FCC has specified that in order for a city to apply aesthetic standards to a small cell infrastructure application, the standards have to be reasonable, objective, and published in advance. Therefore, if a city is applying any standards that are arguably subjective or too contextualized, they are subject to challenge. She explained that in other jurisdictions, the industry has taken the position that merely having a public hearing is itself introducing too much discretion and uncertainty. City Attorney Kane stated that in the City’s wireless ordinance, there are a number of values in terms of the location and aesthetics of wireless buildout. She explained that these mostly concern macro sites versus the small cell micro sites. However, under the new FCC standards, the City’s ordinance is not resistant to challenge. She stated that the City has met with interested community members to talk about and examine what other cities are doing by way of the reasonable objective and published aesthetic standards. She added that she will be bringing a set of interim standards for consideration to the Planning Commission. She noted that because this is an important issue to the City, staff is suggesting a robust public dialogue before adoption of final standards. City Attorney Kane stated that the City’s wireless ordinance needs to be updated to reflect the current state of Federal and State law. She noted that a lot has changed in the six years since the ordinance was adopted in terms of what the City is allowed to do. City Attorney Kane stated that before the Council is a resolution that addresses the short term situation. She explained that as a result of the FCC order, there are a few things that the City needs to do. The first is that the order establishes even shorter shot-clocks. She explained that under this order, the City will only have 60 days to act on applications for small cell installations in the public right-of-way. If the City fails to act within 60 days, it is deemed unreasonable, and the City will face penalties under Federal law. She noted that the City will not be able to comply with its public noticing and hearing procedures in this short span of time. However, she explained that staff isn’t considering a blanket suspension of the City’s noticing and public hearing procedures because in particular cases, the City may be able to get short-term tolling agreements with the applicants. The second matter is that, under the FCC order, the fees that the City collects to review the application, notice the hearing, and conduct the hearing are capped. She stated that the suggestion in the resolution is for the Council to temporarily adopt the safe harbor level fees that the FCC provides in their order. She noted that the fees will not cover the costs of reviewing the application. Additionally, the FCC order states that jurisdictions can’t treat wireless differently than other utilities. Therefore, if PG&E is allowed to do something, than the City must allow cell. Burlingame City Council January 7, 2019 Approved Minutes 12 Councilmember Keighran stated that her understanding with the fees is that it is not an annual fee but a one- time fee. City Attorney Kane replied in the affirmative and added that if the cell is on City property, there is a small capped rental fee. Councilmember Keighran asked if these companies pay a business license fee. City Attorney Kane replied that she didn’t believe that they do but she would check. Councilmember Keighran asked if the City could require business licenses. City Attorney Kane stated that the City probably can’t if it has the effect of inhibiting the buildout of small cell infrastructure. Councilmember Keighran asked if the City can establish a maximum amount of cell infrastructure on a pole. City Attorney Kane replied that the City’s regulatory strength is greater when it comes to life safety issues than when it comes to aesthetics. She added that PG&E poles have a maximum carrying capacity. Vice Mayor Beach asked what happens if the FCC litigation is stayed at the Tenth Circuit. City Attorney Kane replied that staff would bring back a resolution that reflects the terms of the stay. Mayor Colson discussed the importance of the City providing community education on the changes in the law and what the Council can and can’t do. City Attorney Kane replied in the affirmative. Mayor Colson asked how the FCC order and resolution impacts the two current pending applications. City Attorney Kane replied that it doesn’t impact the applications because AT&T agreed to continue the process under the rules in effect at the time of their appeal. Mayor Colson opened the item up for public comment. Burlingame resident Jennifer Pfaff stated that the old equipment needs to come off of poles when it is defunct. Mayor Colson closed public comment. Vice Mayor Beach made a motion to adopt Resolution Number 008-2019; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. c. ADOPTION OF A RESOLUTION AUTHORIZING AMENDMENT OF THE CITY MANAGER’S EMPLOYMENT AGREEMENT TO PROVIDE A SALARY INCREASE AND APPROVING THE CITY OF BURLINGAME PAY RATES AND RANGES (SALARY SCHEDULE) HR Director Morrison stated that before the Council is a resolution to amend the City Manager’s contract by providing a salary increase of 4%. Additionally, the resolution updates the City’s salary schedule to reflect minimum wage changes. Burlingame City Council January 7, 2019 Approved Minutes 13 HR Director Morrison explained that in December 2018, the City Manager had her annual performance evaluation in closed session with the Council. Based on the City Manager’s performance evaluation, the Council recommended a 4% salary increase. HR Director Morrison explained that additionally on January 1, 2019, the State minimum wage increased. This required adjustments to some casual classifications to comply with the new minimum wage and to maintain equity. Mayor Colson opened the item up for public comment. No one spoke. Councilmember Keighran made a motion to adopt Resolution Number 009-2019; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. Councilmember Ortiz thanked the City Manager for an outstanding job. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS a. MAYOR COLSON’S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ACKNOWLEDGEMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Parking & Safety Commission, Beautification Commission, Parks and Recreation Commission and Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT Mayor Colson adjourned meeting at 9:27 p.m. Respectfully submitted, /s/ Meaghan Hassel-Shearer City Clerk