CITY OF BEVERLY HILLS Council Chamber 455 North Rexford Drive Beverly Hills, CA MINUTES. November 7, :00 p.m.

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1 D- 1 CITY OF BEVERLY HILLS Council Chamber 455 North Rexford Drive Beverly Hills, CA MINUTES JOINT MEETING OF THE CITY COUNCIL AND PARKING AUTHORITY 7:00 p.m. The joint meeting of the City Council and Parking Authority was called to order by Mayor Bosse in the Council Chamber at 7:00pm. PLEDGE OF ALLEGIANCE led by Lionel Ephraim A. ROLL CALLS Present: Absent: Wunderlich, Friedman, Mirisch, Gold, and Bosse None Mayor Bosse spoke about the Sutherland Springs, Texas Baptist Church shooting last week, and held a moment of silence in honor of the 26 people who died and 20 more who were injured. B. PRESENTATIONS 1. PROCLAMATION Law Enforcement Records and Support Personnel Day Mayor Bosse, along with the entire City Council, presented a proclamation to the Police Department records staff and declared November 8, 2017 as Law Enforcement Records and Support Personnel Day SECOND BUSINESS SHOUT-OUT Francis Orr Stationery This item was not taken. 3. TEXT BH Text messages on any City-related topic may be sent to City staff will acknowledge receipt of the text message within one business day, however, resolution of issues may take longer. Councilmember Friedman announced that text messages on any City-related topic may be sent to (310)

2 Page 2 of 16 C. ORAL COMMUNICATIONS 1. TELEPHONE CALL-IN ( ) (Members of the public are invited to place telephone calls to comment on issues that do not appear on the evening s agenda. The City Council/Parking Authority will take up to three telephone calls per meeting. Comments on the evening s agenda must be made in person as the item comes before the City Council/Parking Authority.) None 2. AUDIENCE COMMENTS. Any person wishing to address the City Council/Parking Authority on any matter not on the agenda may do so at this time. However, the State open meetings law (Government Code Section et seq.) prohibits the City Council/Parking Authority from providing a detailed response or acting upon any item not contained on the agenda posted 72 hours before a regular meeting and 24 hours before a special meeting. If you wish to address the City Council/Parking Authority at this time, please complete a speaker s card and give it to the City Clerk prior to the commencement of the meeting. Please use the microphone provided, clearly stating your name for the official record and courteously limiting your remarks to three (3) minutes so others may have the opportunity to speak as well. 1. Sheila Simmons 2. Chad Kroeger 3. JT Parr 4. Janis Barquist 5. Lionel Ephraim, Le Faubourg St. Louis HOA 6. Bonnie Ellen Kulick, 339 North Palm Drive HOA 3. REPORT FROM THE CITY MANAGER None 4. CITY COUNCILMEMBER AND COMMITTEE REPORTS Vice Mayor Gold reported that he represented the City at the ICMA Meeting two weeks ago in San Antonio, Texas and presented the Next Generation project. He also travelled to New York last week with the Chamber of Commerce, Mayor Bosse and City staff for the annual Business Retention and Attraction Meeting. Mayor Bosse reported on her experience at this year s Business Retention and Attraction Meetings in New York. D. PARKING AUTHORITY CONSENT CALENDAR FISCAL IMPACT REPORT MOVED by Director Friedman, seconded by Director Wunderlich, to approve Item D-1 on the Parking Authority consent calendar

3 Page 3 of 16 Minutes 1. CONSIDERATION OF THE MINUTES of the Parking Authority Meeting of September 5, ITEM D4: APPROVED APPROVAL OF: Other Business 2. SETTLEMENT AGREEMENT AND RELEASE AND TERMINATION OF MEMORANDUM OF LEASE BETWEEN THE PARKING AUTHORITY AND BOUCHON BEVERLY HILLS, L,P., FOR THE PROPERTY AT 235 N. CANON DRIVE. Comment: This action approves the Settlement Agreement and Release and the Termination of Memorandum of Lease between the Parking Authority and Bouchon Beverly Hills, L.R, dba Bouchon for the Parking Authority-owned space at 235 N. Canon Drive. Director Mirisch expressed his disappointment regarding the termination agreement. MOVED by Director Gold, seconded by Director Friedman, to approve Item D-2 as follows: SETTLEMENT AGREEMENT AND RELEASE AND TERMINATION OF MEMORANDUM OF LEASE BETWEEN THE PARKING AUTHORITY AND BOUCHON BEVERLY HILLS, L.P., FOR THE PROPERTY AT 235 N. CANON DRIVE Ayes: Noes: Director Wunderlich, Director Friedman, Director Gold, and Chair Bosse. Director Mirisch. CARRIED ITEM D-2: APPROVED; SETTLEMENT AGREEMENT- AG# PA-I 7-72 MEMORANDUM OF LEASE- AG# PA-I 7-73 Vote on the Parking Authority Consent Calendar: Ayes: Noes: Director Wunderlich, Director Friedman, Director Mirisch, Director Gold, and Chair Bosse. None. CARRIED

4 Page 4 of 16 E. CITY COUNCIL CONSENT CALENDAR FISCAL IMPACT REPORT MOVED by Councilmember Mirisch, seconded by CouncilmemberWunderlich, to remove Item E-8 for discussion and separate vote, approve the remaining items on the City Council consent calendar, and direct that the appropriate accounts be charged on Items E-2 and E-3 Minutes 1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of October 17, ITEM E4: APPROVED Demands Paid 2. REVIEW OF BUDGETED DEMANDS PAID, report dated October ITEM E-2: APPROVED October 27, 3. PAYROLL DISBURSEMENT REPORT, report dated. ITEM E-3: APPROVED Other Business ORDINANCE OF THE CITY OF BEVERLY HILLS: 4. AMENDING THE BEVERLY HILLS MUNICIPAL CODE REGARDING LEGISLATIVE ADVOCATES SERVING ON COMMISSIONS AND COMMITTEES. First Reading - For Introduction. Comment: The Ordinance provides for a 2 year cooling off period before a Legislative Advocate is appointed to a commission or committee. In addition, once appointed, a commissioner or committee member should not begin to function as a Legislative Advocate. This ordinance was introduced at the October 17 Council meeting but has since been revised to clarify that the prohibition on Commissioners serving as a Legislative Advocate does not apply to any currently seated Commissioner who has registered with the City as a Legislative Advocate as of the effective date of the Ordinance. Therefore, the ordinance is being reintroduced. ITEM E-4: INTRODUCED AND READ BY TITLE ONLY; ADVANCE TO MEETING OF NOVEMBER 21, 2017 FOR ADOPTION THE 5. REAUTHORIZING AND READOPTING THE CITY S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEE. First Reading - For Introduction.

5 Page 5 of 16 Comment: The Public, Educational, and Governmental ( PEG ) Access Support Fee is set to expire on January 18, This is a 1% fee charged to the cable provider. The City needs to reauthorize and readopt the fee in order to ensure that the fee continues uninterrupted. ITEM E-5: INTRODUCED AND READ BY TITLE ONLY; ADVANCE TO THE MEETING OF NOVEMBER 21, 2017 FOR ADOPTION RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS: 6. ACCEPTING A DONATION FROM THE FRIENDS OF THE BEVERLY HILLS PUBLIC LIBRARY FOR LIBRARY OPERATIONS IN THE AMOUNT OF $20,500 AND APPROPRIATING FUNDS THEREFOR. Comment: This report asks the City Council to accept and appropriate funds donated to the Library by the Friends of the Beverly Hills Public Library in support of the delivery of materials to homebound seniors and pick up materials that are donated to the Library. ITEM E-6: ADOPTED; RES# 17-R MODIFYING PREFERENTIAL PARKING PERMIT ZONE CC ON THE 100 BLOCK OF SOUTH CLARK DRIVE BETWEEN CHARLEVILLE BOULEVARD AND THE ALLEY SOUTH OF WILSHIRE BOULEVARD. Comment: Resident petition modifying the existing 1-hour weekday permit regulation to No Parking, 8 am. to 6 p.m., Daily, Permit CC Exempt. ITEM E-7: ADOPTED; RES# 17-R APPROVAL OF: 8. SALARY SCHEDULES. Comment: Staff is requesting approval of Citywide salary schedules reflective of salary increases authorized in Memoranda of Understanding and all position additions and changes since the most recently approved salary schedules. Councilmember Mirisch expressed his opposition to the item consistent with previous stance on City s salaries and pension reform. his MOVED by Councilmember Wunderlich, seconded by Vice Mayor Gold, to approve Item E-8 as follows: SALARY SCHEDULES

6 Page 6 of 16 Ayes: Noes: CouncilmemberWunderlich, Councilmember Friedman, Vice Mayor Gold, and Mayor Bosse. Councilmember Mirisch. CARRIED ITEM E-8: APPROVED 9. AGREEMENT WITH EXPRESS ENVIRONMENTAL CORP, D.B.A. EXPRESS OIL CO. FOR MAINTENANCE SERVICES RELATED TO REMOVAL OF OIL, WATER, SLUDGE, AND OTHER LIQUIDS FROM VARIOUS CITY FACILITIES, CLARIFIERS, AND CONTAINMENT PITS; AND APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE AMOUNT OF $50,000; AND AUTHORIZE THE CITY MANAGER TO APPROVE PURCHASE ORDERS FOR THE TERM OF THE AGREEMENT. Comment: Staff recommends City Council approve an agreement in the not-to-exceed amount of $175, 000 to Express Environmental Corp., d.b.a Express Oil Co. to provide waste oil and oil-by product removal, transportation and disposal services. ITEM E-9: APPROVED; AG# AMENDMENT NO. 2 TO AN AGREEMENT WITH LINDMARK ENGINEERING, INC. TO PROVIDE ENVIRONMENTAL SERVICES TO INCLUDE A HAZWOPER 40- HOUR TRAINED PROFESSIONAL, AIR AND WEATHER STATION MONITORING SERVICES FOR TREE TRIMMING WORK AT PARCEL 13, AND; APPROVAL OF A CHANGE ORDER IN THE AMOUNT OF $38,287 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $84,365. Comment: Staff recommends approval of Amendment No. 2 with Lindmark Engineering for additional environmental services to be provided under the maintenance program of Parcel 13. ITEM E-10: APPROVED; AG# AMENDMENT NO, 2 TO THE AGREEMENT WITH CHANDLER ASSET MANAGEMENT FOR INVESTMENT ADVISORY SERVICES. Comment: Second Amendment to add consideration through the end of the current fiscal year ITEM E-11: APPROVED; AG#

7 Page 7 of 16 Vote on the City Council Consent Calendar: Ayes: Councilmember Wunderlich, Councilmember Friedman, Councilmember Mfrisch, Vice Mayor Gold, and Mayor Bosse. Noes: None. CARRIED F. CITY COUNCIL PUBLIC HEARING TO SET: None TO CONSIDER: This being the time and place set, a public heating was held to consider: 1. AN APPEAL OF THE COMMUNITY DEVELOPMENT DEPARTMENT S INTERPRETATION REGARDING THE MUNICIPAL CODE S BASEMENT DEFINITION. Comment: On July 13, 2017, the Community Development Department issued a written interpretation regarding the manner in which basements are classified in single-family residential zones for the purpose of calculating allowed floor area. A timely appeal of this interpretation was filed by Mt. Benjamin Reznik. The Council will consider the appeal and the CEQA exemption determination at this hearing. The notice of the hearing was published as requited by law and an affidavit to this effect is on file with the City Clerk. The report of the Assistant Director of Community Development/City Planner and the record of the Community Development Department on this matter are made a part of the record of this hearing. The Councilmembers indicated that they did not receive additional communication or information regarding the matter. Assistant Director of Community Development/City Planner Ryan Gohlich presented a PowerPoint and oral report providing information regarding basement interpretation, future basement ordinance amendments considerations, content of the appeal petition and correspondence received, and staff recommendation. City Clerk Byron Pope administered the oath to the persons who intend to testify at the hearing.

8 Page 8 of 16 Speaking: 1 Ben Reznik, representing applicant 2. Ronald Richards, representing 13 homeowners 3. Debbie Weiss 4. Anne Ostroff 5. Allyson Wittner, Municipal League of Beverly Hills 6. Julie Glucksman 7. Peter Ostroff 8. Franny Rennie City Attorney Laurence Wiener, Mr. Gohlich, and Mr. Reznik responded to Council questions regarding the distinction between an interpretation and an amendment/change of language in the Municipal Code, other additions as part of future interpretations, average grade plane, uniqueness of the case, building the project as planned, code requirements, common sense interpretation of the basement definition, and appealability of the decision. Mr. Reznik presented his rebuttal statement. There were no other members of the audience who wished to comment. Mayor Bosse closed the public hearing. Council agreed on the current basement definition as interpreted by the Community Development Department. There were no further questions or comments from Councilmembers. Council unanimously supported the staff recommendation. MOVED by Ayes: Noes: Vice Mayor Gold, seconded by Councilmember Friedman, to deny the appeal and uphold the Community Development Department s interpretation of the Municipal Code s definition of basement in its entirety, and find that it can be seen with certainty that the interpretation has no possibility of having a significant effect on the environment, and is not subject to CEQA Councilmember Wunderlich, Councilmember Friedman, Councilmember Mirisch, Vice Mayor Gold, and Mayor Bosse. None. CARRI ED ITEM F-I: DENIED THE APPEAL AND UPHELD THE COMMUNITY DEVELOPMENT DEPARTMENT S INTERPRETATION OF THE MUNICIPAL CODE S DEFINITION OF BASEMENT IN ITS ENTIRETY, AND FIND THAT IT CAN BE SEEN WITH CERTAINTY THAT THE INTERPRETATION HAS NO POSSIBILITY OF HAVING A SIGNIFICANT EFFECT ON THE ENVIRONMENT, AND IS NOT SUBJECT TO CEQA

9 Page 9 of 16 This being the time and place set, a public heating was held to consider: 2. AN APPEAL OF THE PLANNING COMMISSION S DECISION DENYING A HILLSIDE R-1 PERMIT AT 1260 LAGO VISTA DRIVE TO ALLOW MORE THAN 1,500 CUBIC YARDS OF EARTH MATERIAL TO BE IMPORTED OR EXPORTED FROM A SITE IN THE HILLSIDE AREA THAT IS IMMEDIATELY ADJACENT TO A STREET THAT IS LESS THAN TWENTY FOUR FEET (24 ) WIDE. THE COUNCIL WILL ALSO CONSIDER ADOPTION OF A CATEGORICAL EXEMPTION, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Comment: On May 11, 2017, the Planning Commission denied a Hillside R-1 Permit to allow more than 1,500 cubic yards of earth material to be imported or exported from a site in the Hillside Area that is immediately adjacent to a street that is less than twenty four feet (24 ) wide. A timely appeal of the decision was filed by Mr. Benjamin Reznik. The Council will consider the appeal and the CEQA exemption determination at this hearing. The notice of the hearing was published as required by law and an affidavit to this effect is on file with the City Clerk. The report of the Assistant Director of Community Development/City Planner and the record of the Community Development Department on this matter are made a part of the record of this hearing. City Clerk Byron Pope administered the oath to the persons who intend to testify at the hearing. The Councilmembers disclosed additional communications that are not currently in the record. Assistant Director of Community Development/City Planner Ryan Gohlich presented a PowerPoint and oral report providing background information on the hillside R-1 permit appeal. He reviewed the project details, historical background, appeal, and staff recommendation. Speaking: 1. Ben Reznik, representing applicant Mayor Bosse asked Mr. Reznik whether he would like to proceed with the hearing given that the previous appeal on basement definition has been denied. Councilmember Friedman asked Mr. Reznik whether he wished to proceed with the hearing even though the City Council was unable to review the voluminous documents he provided the day (Monday) prior to the meeting. Mr. Reznik agreed to proceed with the hearing given the two circumstances. 2. Ronald Richards, representing 13 homeowners 3. Debbie Weiss 4. Anne Ostroff

10 Page 10 of Larry Murphy 6. Julie Glucksman 7. Gary Fogel 8. Lori Greene Gordon, Planning Commission Chair Mr. Gohlich and City Attorney Laurence Wiener responded to Council questions and comments regarding project modification or redesign, applicant s right to appeal the denial of the permit for a project that cannot be built with current plans, difference between hauling vs export, estimated number of days to haul 1500 yards of dirt, truck loading time and trips, substantial adverse impacts, CEQA exemption, percentage of grading proposed for the project, and additional protection from grading in hillside areas. Mr. Wiener read a note from Gary Fogel regarding the adverse effect of the dieselfueled trucks to air quality in the neighborhood. Mr. Reznik presented his rebuttal statement. There were no other members of the audience who wished to comment. Mayor Bosse closed the public hearing. CouncilmemberWunderlich recommended not making a decision on the matter tonight. Councilmember Friedman agreed that the issue is not right at this time. Councilmember Mirisch recommended denying the categorical exemption. Vice Mayor Gold indicated that he cannot make the findings. Mayor Bosse agreed with her colleagues and expressed her disappointment in spending time discussing a non existent project. The City Council unanimously voted to deny the appeal. There were no further questions or comments from Councilmembers. MOVED by Ayes: Noes: Councilmember Friedman, seconded by Vice Mayor Gold, to deny the subject appeal as moot since the proposed project and associated grading work cannot be constructed in accordance with Municipal Code requirements related to basements, and direct the City Attorney to prepare a written resolution for consideration by the City Council at a future meeting Councilmember Wunderlich, Councilmember Friedman, Councilmember Mirisch, Gold, and Bosse. None. CARRI ED ITEM F-2: DENIED THE SUBJECT APPEAL AS MOOT SINCE THE PROPOSED PROJECTAND ASSOCIATED GRADING WORK CANNOT BE CONSTRUCTED IN ACCORDANCE WITH MUNICIPAL CODE REQUIREMENTS RELATED TO BASEMENTS, AND DIRECTED THE CITY ATTORNEY TO PREPARE A WRITTEN RESOLUTION FOR CONSIDERATION BY THE CITY COUNCIL AT A FUTURE MEETING

11 Page 11 o116 This being the time and place set, a public hearing was held to consider: 3. AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO MODIFY RATES AND CHARGES FOR WATER SERVICES AND FACILITIES FURNISHED BY THE CITY. First Reading For Introduction. Comment: This is a public hearing regarding the City s proposed modification to water rates beginning January 1, With the proposed new rates, the bi-monthly bill for the average single-family residential customer would increase by between $5.50 and $6.50 each year, from January 1, 2018 to January 1, The bi-monthly bill for the average multi-family residential customer would increase by between $6.70 and $7.60 each year, from January 1, 2018, to January 1, The bi-monthly bill for the average commercial customer would increase by between $5.00 and $5.75 each year, from January 1, 2018 to January 1, Government Code Section allows an agency that provides water, wastewater or sewer service to adopt a schedule of fees or charges authorizing automatic adjustments that pass through increases in wholesale charges for water, sewage treatment or wastewater treatment. Staff recommends that City Council authorize a pass-through charge that would allow increases in wholesale water charges for purchasing water from MWD to be passed through directly to customers if they are higher than the adopted budgeted costs. City Clerk Byron Pope announced that the City received a total of 53 protest letters as of 5:00pm today: five from Beverly Hills residents and 48 from West Hollywood residents. Mayor Bosse polled the Council on its interest to continue the item to the next meeting but allowing the public to speak tonight. She proposed putting the item as the first item on the agenda at the next meeting. Speaking: 1. Lauren Meister, City of West Hollywood 2. Patrick Shandrick 3. Rick Cohen, Doheny Plaza Homeowners Association 4. Mayor Bosse read letter into the record from Bonnie Ellen Kulick, 339 North Palm Drive HOA Director of Public Works Shana Epstein and City Attorney Laurence Wiener responded to Councilmember Wunderlich s question regarding the time requirement between Council reaching its decision and when the water rates can be implemented. Councilmember Wunderlich explained that if the rate increase is in effect for a lesser period of time, the City will miss additional revenue and constituents will have to pay a little bit higher rates to make up for the revenue requirement. Mr. Wiener suggested considering the West Hollywood rates in 60 days and the Beverly Hills rates in 30 days. Council majority voted to discuss the ordinance in 30 days, and continue this item to the meeting of December 5, 2017.

12 Page 12 of 16 MOVED by Councilmember Wunderlich, seconded by Vice Mayor Gold, to continue discussion of Ordinance F-3, in 30 days to the meeting of December 5, 2017, as follows: AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO MODIFY RATES AND CHARGES FOR WATER SERVICES AND FACILITIES FURNISHED BY THE CITY Ayes: Noes: Councilmember Wunderlich, Councilmember Friedman, and Vice Mayor Gold. Councilmember Mirisch, and Mayor Bosse. CARRIED ITEM F-3: CONTINUE DISCUSSION OF THE ORDINANCE IN 30 DAYS TO THE MEETING OF DECEMBER 5, 2017 G. CITY COUNCIL CONTINUED AND NEW BUSINESS 1. AN ORDINANCE OF THE CITY OF BEVERLY HILLS REGARDING THE VALIDITY AND EXPIRATION OF CERTAIN BUILDING PERMIT APPLICATIONS. First Reading For Introduction. Comment: This proposed ordinance will require that certain building permit applications filed before January 1, 2017 would be required to obtain their building permit prior to March 7, Director of Community Development Susan Healy Keene presented a PowerPoint and oral report discussing the building permit application process, permitting expiration timelines in other jurisdictions, past practice related to application expiration, number of building permit applications affected, notifications on building permit expirations, and expiration date of applications. Speaking: 1. Ronald Richards, representing 13 homeowners 2. Ben Reznik 3. Joshua Banafsheha Assistant Director of Community Development/Building Official Raj Patel and City Attorney Laurence Wiener responded to Council questions regarding a six-month extension, Building Code changes, how other jurisdictions handle code changes, and flexibility in considering large projects. Councilmember Mirisch suggested just letting the permits expire, and allowing people to re-apply and granting them a fee waiver.

13 Page 13 of 16 Vice Mayor Gold suggested reconsidering the following three areas in the future: noticing people of the process after Building Code changes, review of large projects such as apartment buildings and restaurants, and dealing with issues of hardships. Mayor Bosse recommended codifying enforcement of an expiration date. Councilmember Friedman suggested a six-month instead of four-month extension and explained the reason for his suggestion. MOVED by Councilmember Friedman, seconded by Vice Mayor Gold, to waive full reading, introduce and read by title only as amended, advance to the meeting of November 21, 2017 for adoption as amended, Ordinance G-1 as follows: AN ORDINANCE OF THE CITY OF BEVERLY HILLS REGARDING THE VALIDITY AND EXPIRATION OF CERTAIN BUILDING PERMIT APPLICATIONS Ayes: Councilmember Wunderlich, Councilmember Friedman, Vice Mayor Gold, and Mayor Bosse. Noes: Councilmember Mirisch. CARRIED ITEM 13-1: WAIVED FULL READING OF ORDINANCE; INTRODUCED AND READ BY TITLE ONLY AS AMENDED, ADVANCE TO THE MEETING OF NOVEMBER 21, 2017 FOR ADOPTION AS AMENDED 2. ACCEPTING VEHICLE ACCESS EASEMENTS VACATING A STORM DRAIN EASEMENT, AND FINDING ACTIONS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS FOLLOWS: A. RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS APPROVING TWO AGREEMENTS CONTAINING IRREVOCABLE OFFERS OF DEDICATION OF EASEMENTS ALONG LOMA LINDA DRIVE ADJACENT TO 1184 LOMA LINDA DRIVE AND 1193 LOMA LINDA DRIVE, BEVERLY HILLS, FOR PUBLIC STREET PURPOSES AND CONDITIONALLY AUTHORIZING THE CITY ENGINEER TO ACCEPT DEDICATION OF THE EASEMENTS; AND, B. RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS VACATING A STORM DRAIN EASEMENT OVER A PORTION OF THE PROPERTY LOCATED AT 1193 LOMA LINDA DRIVE AND AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED TO LOMA LINDA HOLDINGS, LTD AS TRUSTEE OF THE LOMA LINDA TRUST, FOR TERMINATION OF THE EASEMENT. Comment: The owner of properties at 1184 and 1193 Loma Linda Drive offers dedication of easements for street widening and improvements to allow for improved emergency vehicle turnaround at the terminus of Loma Linda Drive, and requests

14 Page 14 of 16 vacation of an abandoned and unused storm drain easement located on the property at 1193 Loma Linda Drive. The City Council will also consider finding the easement dedications and vacation exempt from the California Environmental Quality Act. City Engineer Mark Cuneo presented a PowerPoint and oral report reviewing the existing conditions, the fire turnaround, street improvements, offer of dedication of easements, proposed vacation of the easement, Planning Commission review, and staff recommendation. Assistant Director of Community Development/City Planner Ryan Gohlich discussed the environmental review issues. City Attorney Laurence Wiener clarified Mr. Gohlich s statement regarding Class 2 exemptions. Speaking: 1. Ronald Richards 2. Larry Murphy 3. Stephanie Savage 4. Debbie Weiss 5. Jamie Hall 6. Steve Mayer 7. Tom Staggs 8. Lindsay Tabaian, Loma Linda Trust Mr. Wiener, Fire Battalion Chief/Fire Marshall Scott Stephens, Fire Chief Gregory Barton, Mr. Gohlich and Mr. Cuneo responded to Council questions regarding steps before the issuance of a building permit, easement and offer of dedication issues, fire safety, whether project is by right subject to plan check, CEQA exemptions, future uses, instance of actual fire and fire risk in the area, hammerhead vs cul-de-sac fire access consideration, feasibility of putting a cul-de-sac, proposed vacation of easement as a benefit, alternative option to property owners if project is not approved, reason for City Council approval prior to project approval, and cumulative/significant impact. Mr. Wiener noted that the agreements containing the dedication have been amended to provide for the applicant to indemnify the City in the event of a challenge for any reason, and recommended that the Council adopt the resolution with the language. Council majority voted to adopt the resolution. MOVED by Vice Mayor Gold, seconded by Councilmember Friedman, to adopt Resolution G-2A, and accept the easements in substantially the form presented, as follows: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS APPROVING iwo AGREEMENTS CONTAINING IRREVOCABLE OFFERS OF DEDICATION OF EASEMENTS ALONG LOMA LINDA DRIVE ADJACENT TO 1184 LOMA LINDA DRIVE AND 1193 LOMA LINDA DRIVE, BEVERLY HILLS, FOR PUBLIC STREET PURPOSES AND CONDITIONALLY AUTHORIZING THE CITY ENGINEER TO ACCEPT DEDICATION OF THE EASEMENTS

15 Page 15 of 16 Ayes: Noes: CouncilmemberWunderlich, Councilmember Friedman, Vice Mayor Gold, and Mayor Bosse. Councilmember Mirisch. CARRIED ITEM G-2A: ADOPTED RESOLUTION AND ACCEPTED THE EASEMENTS IN SUBSTANTIALLY THE FORM PRESENTED; RES# 17-R ITEM G-2B: NO ACTION TAKEN H. COMMISSION SYNOPSIS 1. CHARITABLE SOLICITATIONS COMMISSION - Special Meeting of October 4, 2017 CULTURAL HERITAGE COMMISSION - Special Meeting of October 10, 2017 PLANNING COMMISSION - Regular Meeting of October 12, 2017 ARCHITECTURAL COMMISSION - Regular Meeting of October 18, 2017 HUMAN RELATIONS COMMISSION - Regular Meeting of October 19, 2017 FINE ART COMMISSION - Regular Meeting of October 19, 2017 HEALTH AND SAFETY COMMISSION - Regular Meeting of October 23, 2017 RECREATION AND PARKS COMMISSION - Special Meeting of October 24, 2017 RECREATION AND PARKS COMMISSION Regular Meeting of October 24, 2017 ITEM H-I: NO ACTION TAKEN OTHER BUSINESS None J. ADJOURNMENT The next City Council meeting is scheduled for November 21, There being no further business, Mayor/Chair Bosse, with the consent of the City Council/Parking Authority, adjourned the meeting at 1:43am on Wednesday morning, November 8, 2017.

16 Page 16 of 16 PASSED, Approved and Adopted this 1gth day of December, 2017 BYRON POPE, City ClerklSecretary LILI BOSSE, MAYOR/CHAIR This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTVIO Spectrum Cable.