The joint meeting of the City Council and Parking Authority was called to order by Mayor Bosse in the Council Chamber at 7:03pm.

Transcription

1 fl i 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 7:03pm. PLEDGE OF ALLEGIANCE led by Annette Saleh A. ROLL CALLS Present: Absent: Wunderlich, Friedman, Mirisch, Gold, and Bosse B. PRESENTATIONS 1. PRESENTATION - Human Relations Commission and the Community Service Teen Advisory Board Collaborate for Kindness Week Mayor Bosse, along with the entire City Council, invited the Human Relations Commissioners and the Teen Advisory Committee members to join them at the podium. The group encouraged residents to celebrate Kindness Week from February 11-17, 2018, and spoke about the various activities promoting kindness being held in the City. Kindness pins and cards were distributed SECOND BUSINESS SHOUT-OUT Gratus 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 12 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.) 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. Adriel Ghadoushi 2. Mark Elliott 3. Myra Lurie, Rotary Club of Beverly Hills 4. David Gingold 3. REPORT FROM THE CITY MANAGER * New State Mapped Earthquake Zone - Raj Patel, City Building Official City Manager Mahdi Aluzri introduced City Building Official Raj Patel and announced that there will be an item at the February 20, 2018 City Council Study Session reviewing the City s hazard mitigation plan as well as emergency response and the state of the City s infrastructure in the event of a disaster. Mr. Patel presented the California Geological Survey Final Earthquake Zone Map and discussed the Alquist-Priolo (AP) Act of 1972, the role of the lead agency and the owner/developer in fault investigations, and the next steps the City will take. He introduced City Consultant Dr. Roy Shlemon who spoke about the AP fault zoning and answered questions from the City Council. City Attorney Laurence Wiener responded to Council questions regarding construction of building in fault areas. Speaking: 1. David Gingold

3 Page 3 of CITY COUNCILMEMBER AND COMMITTEE REPORTS Vice Mayor Gold reported that he attended the Independent Cities Association meeting held last weekend that was focused on cybersecurity. He also thanked the community for lending support during the passing of his mother. Mayor Bosse reported on her recent trip to attend the U.S. Conference of Mayors in Washington D.C. D. PARKING AUTHORITY CONSENT CALENDAR FISCAL IMPACT REPORT MOVED by Director Wunderlich, seconded by Director Friedman, to approve both items on the Parking Authority Minutes 1. CONSIDERATION OF THE MINUTES of the Parking Authority Special Meeting of January 22, ITEM D-1: APPROVED; DIRECTOR GOLD-ABSTAIN APPROVAL OF: Other Business 2. AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE A BROKER LEASING COMMISSION AGREEMENT WITH CUSHMAN & WAKEFIELD OF CA, INC. FOR THE LEASE OF TENANT SPACE AT 235 NORTH CANON DRIVE. Comment: After conducting a Request for Proposals process (RFP# 17-62), Staff recommends the Parking Authority Board of Directors authorize the Executive Director to execute a broker leasing commission agreement with Cushman & Wakefield of CA, Inc. for the lease of tenant space at 235 North Canon Drive. Director Friedman requested for an amendment to the agreement to exclude any contracts that have been made this far and before the broker agreement takes place. ITEM D-2: APPROVED AS AMENDED Vote on the Parking Authority Consent Calendar: Ayes: Noes: Abstain: Director Wunderlich, Director Friedman, Director Mirisch, Director Gold, and Chair Bosse.. Director Gold on Item D-1. CARRI ED

4 Page 4 of 12 E. CITY COUNCIL CONSENT CALENDAR FISCAL IMPACT REPORT MOVED by Councilmember Friedman, seconded by Vice Mayor Gold, to remove Item E 7 for discussion and separate vote, remove Item E-9, approve the remaining items on the City Council consent calendar, and direct that the appropriate accounts be charged on Items E-3 and E-4 Minutes 1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session of December 19, ITEM E-1: APPROVED 2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Regular Meeting of January 22, ITEM E-2: APPROVED; WCE MAYOR GOLD-ABSTAIN Demands Paid 3. REVIEW OF BUDGETED DEMANDS PAID, report dated January ITEM E-3: APPROVED 4. PAYROLL DISBURSEMENT REPORT, report dated. ITEM E-4: APPROVED Other Business ORDINANCE OF THE CITY OF BEVERLY HILLS: RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS: APPROVAL OF: January 19, 5. RECREATION AND PARKS COMMISSION APPOINTMENT (SUSAN MISHLER). Comment: Appoints Susan Mishler to the Recreation and Parks Commission for an initial two-year term. ITEM E-5: APPROVED

5 Page 5 of AN AGREEMENT WITH NEWSBANK, INC. FOR CONTINUED ACCESS TO AMERICA S NEWSPAPERS. Comment: This agreement provides online access to current and back issues of large and small town newspapers throughout the United States, including Beverly Hills Weekly and Canyon News. ITEM E-6: APPROVED; AG# AMENDMENT NO. I TO AN AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND PROGRAM IMPLEMENTATION OF THE HANDYWORKER SERVICES PROGRAM FOR MULTI-FAMILY UNITS; AND, APPROVAL OF A CHANGE PURCHASE ORDER IN THE AMOUNT OF $90, FOR A TOTAL NOT TO EXCEED AMOUNT OF $200, FOR SERVICES DESCRIBED. Comment: The Handyworker Services Program provides services to low and moderate income multi-family homeowners and renters with grants up to $10,000 for minor home repairs. Speaking: 1. Mark Elliot Human Services Administrator James Latta responded to questions from the City Council regarding Mr. Elliot s concerns. Mayor Bosse directed staff to make the program easier to find for the community. City Manager Mahdi Aluzri commented that this is a federal program and the City has to comply with mandatory reporting requirements. MOVED by Vice Mayor Gold, seconded by Councilmember Wunderlich, to approve Item D-7 as follows: AMENDMENT NO. I TO AN AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND PROGRAM IMPLEMENTATION OF THE HANDYWORKER SERVICES PROGRAM FOR MULTI-FAMILY UNITS; AND, APPROVAL OF A CHANGE PURCHASE ORDER IN THE AMOUNT OF $90, FOR A TOTAL NOT TO EXCEED AMOUNT OF $200, FOR SERVICES DESCRIBED Ayes: Noes: Councilmember Wunderlich, Councilmember Friedman, Councilmember Mirisch, Vice Mayor Gold, and Mayor Bosse..

6 Page 6 of 12 CARRIED ITEM E-7: APPROVED; AG# AMENDMENT NO. 1 TO AN AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION AND PROGRAM IMPLEMENTATION OF THE HOUSING REHABILITATION PROGRAM FOR SINGLE FAMILY UNITS; AND, APPROVAL OF A CHANGE PURCHASE ORDER IN THE AMOUNT OF $72, FOR A TOTAL NOT TO EXCEED AMOUNT OF $144, FOR SERVICES DESCRI BED. Comment: The Housing Rehabilitation program provides services to low and moderate income single-family homeowners and renters with grants up to $15,000 for minor home repairs. ITEM E-8: APPROVED; AG# AWARD OF CONTRACT TO THE SOLE BIDDER REDBRICK CORP. DBA DESIGN PRINTING FOR PROFESSIONAL PRINTING AND MAILING SERVICES; APPROVAL OF THE AGREEMENT WITH REDBRICK CORP. DBA DESIGN PRINTING FOR PROFESSIONAL PRINTING AND MAILING SERVICES; AND APPROVAL OF A PURCHASE ORDER FOR FISCAL YEAR IN A NOT TO EXCEED AMOUNT OF $125,000 TO REDBRICK CORP. DBA DESIGN PRINTING FOR THESE SERVICES. Comment: Staff recommends that the City Council approve the agreement with Redbrick Corp. DBA Design Printing in the amount of $300,000 per year for a total not to exceed of $900,000. City Manager Mahdi Aluzri requested to pull the item so that staff can provide more information. ITEM E-9: ITEM NOT DISCUSSED 10. AWARD OF A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, RE. SCHULTZ CONSTRUCTION, INC., FOR COLDWATER CANYON PARK PLAYGROUND REPLACEMENT & SITE IMPROVEMENTS; AND APPROVAL OF AN APPROPRIATION OF UNALLOCATED FUNDS IN THE AMOUNT OF $40, FROM THE PARKS AND RECREATION FUND 160 INTO CAPITAL IMPROVEMENT PROGRAM 00903, PLAYGROUND EQUIPMENT MAINTENANCE AND IMPROVEMENTS; AND APPROVAL OF A CORRESPONDING CONSTRUCTION AGREEMENT IN THE NOT TO-EXCEED AMOUNT OF $795,751.00; AND

7 Page 7 of 12 APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE NOT-TO- EXCEED AMOUNT OF $795,751.00; AND APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR. Comment: Staff recommends City Council award a contract to RE. Shultz Construction, Inc. for removal of existing playground equipment and surfacing, expand playground, provide and install new playground equipment and surfacing, provide new shade structures, new trellises at picnic areas and miscellaneous site improvements at Coldwater Canyon Park. The Council will consider finding the project exempt from the California Environmental Quality Act. ITEM E-1O: APPROVED; AG# AWARD OF A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, LANDSCAPE SUPPORT SERVICES, INC. FOR BEVERLY GARDENS PARK EASTERN BLOCKS RESTORATION PROJECT, BLOCKS 1,2, 3,4, 5, 6, 7, 8, 10, 11, 12 & 14- BID# 17-68; AND ACCEPTANCE OF THE SECOND INSTALLMENT FROM THE ERIKA GLAZER FAMILY FOUNDATION FOR $500, FOR RESTORATION OF BLOCK 8; AND RELEASE OF $500, IN THE CITY MATCHING FUNDS; AND APPROVAL OF AN APPROPRIATION OF UNALLOCATED FUNDS IN THE AMOUNT OF $411, FROM THE PARKS AND RECREATION FUND 160 INTO CAPITAL IMPROVEMENT PROGRAM 00485, BEVERLY GARDENS PARK; AND APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE NOT-TO- EXCEED AMOUNT OF $6,961,422.00; AND APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR. Comment: Staff recommends City Council award a contract to Landscape Support Services, Inc. for selective demolition of existing site concrete and construction of new landscaping, irrigation, curbs, decomposed granite walks and lighting fixtures on Blocks 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12 &14 at Beverly Gardens Park. The Council will consider finding the project exempt from the California Environmental Quality Act. ITEM E-11: APPROVED; AG# ACCEPTANCE OF THE CONTRACT WORK FOR THE RESTORATION OF BEVERLY GARDENS PARK WESTERN BLOCKS 17, 18, 19 & 20 WITH LANDSCAPE SUPPORT SERVICES, INC. IN THE FINAL AMOUNT OF $2,023,312.02; AND AUTHORIZE THE CITY CLERK TO RECORD THE NOTICE OF COMPLETION. Comment: Staff recommends that City Council move to accept the described work with Landscape Support Services and authorize the City Clerk to record the Notice of Completion.

8 Page 8 of 12 ITEM E-12: APPROVED 13. A CHANGE PURCHASE ORDER IN THE AMOUNT OF $72,070 FOR A REVISED PURCHASE ORDER TOTAL NOT TO EXCEED AMOUNT OF $122,070 WITH OFFICE TEAM FOR AS-NEEDED TEMPORARY STAFFING. Comment: Staff is recommending a Change Purchase Order in the amount of $72,070 for a revised Purchase Order total not to exceed amount of $122,070 for temporary staffing to assist the Administrative Services Department. ITEM E43: APPROVED 14. REJECTION OF BID FOR THE 409 WALKER DRIVE FOUNDATION UPGRADE AND PERIMETER FENCE REPLACEMENT PROJECT. Comment: Due to receipt of a single bid, staff recommends the bid to be rejected and the project be re-bid. ITEM E-14: APPROVED Vote on the City Council Consent Calendar: Ayes: Councilmember Wunderlich, Councilmember Friedman, Councilmember Mirisch, Vice Mayor Gold, and Mayor Bosse. Noes:. Abstain: Vice Mayor Gold on Item E-2. CARRIED F. CITY COUNCIL PUBLIC HEARING TO SET: TO CONSIDER: This being the time and place set, a public hearing was held to consider: 1. AN ORDINANCE OF THE CITY OF BEVERLY HILLS REVISING REGULATIONS RELATED TO BASEMENTS IN SINGLE FAMILY AREAS OF THE CITY AND GRADING AND RETAINING WALLS IN THE HILLSIDE AREA OF THE CITY. First Reading For Introduction. Comment: On January 11, 2018, the Planning Commission considered the subject regulations pertaining to basements in single family areas of the City and grading and

9 Page 9 of 12 retaining walls in the Hillside Area of the City at a public hearing and voted unanimously to recommend their adoption to the City Council. The City Council will also consider finding the ordinance exempt from the California Environmental Quality Act. Mayor Bosse announced the reasons for her recusal, and left the Council Chamber at 8:09pm. The notice of hearing was published as requited by law and an affidavit to this effect is on file with the City Clerk. The report of the Senior Planner and the record of the Community Development Department on this matter are made a part of the record of this hearing. Senior Planner Timothea Tway presented a PowerPoint and oral report provided background information, the contents of the ordinance, applicability of proposed ordinance for pipeline projects, the description of pipeline, staff and Planning Commission recommendation for pipeline projects (Categories 1-6), provision for revisions, public comment received, and recommendation for consideration. Speaking: 1. Thomas Schulhof 2. Glen Revivo 3. Kathy Moy 4. Tom Levyn 5. Cerise Carleo, Harrison Design 6. Anthony Spann, Harrison Design 7. Hallio Ashrafnia 8. Franny Rennie 9. Dr. Woodrow Clark II 10. Dan Zaharoni 11. Ralph Herzig 12. Larry Murphy 13. Murray D. Fischer 14. Matt Leipzig 15. Craig Corman 16. Philip Tseng 17. Dorothy Lee 18. Ronald Richards 19. Lauren Boyette-Richards 20. Anne Ostroff 21. Elliot Ponchick 22. Linda Kunik 23. Julie Glucksman 24. Tom Staggs 25. Lindsay Tabaian, Loma Linda Holdings, Ltd. as Trustee of Loma Linda Trust 26. Matthew Silberstein, William Hablinski Architecture 27. Maggie Schaffer 28. Adrian Lorimer 29. Debbie Weiss

10 Page 10 of 12 There were no other members of the public who wished to comment. Vice Mayor Gold closed the public hearing. Ms. Tway, Assistant Director of Community Development/City Planner Ryan Gohlich, City Manager Mahdi Aluzri, City Attorney Laurence Wiener, and former Planning Commissioner Craig Corman responded to Council questions regarding projects in concept review and/or in pipeline and/or in R-1 review, permits expiring in May, extension, earthquake fault in the hillside area, vested rights, public discussion of potential issues addressed by the ordinance, process of determination, projects completed before ordinance is effective. The Councilmembers made their suggestions and indicated their responses to the six categories to address the pipeline projects. Councilmember Wunderlich thanked staff and the Planning Commissioners for the effort taken to craft the ordinance and the thought given to it. He indicated his approval on Categories 1, 2, 4 and 6, For Category 3, he suggested extending it for a defined time period for projects that are on the entitlement pathway. For Category 5, he indicated his disagreement with the Planning Commission (PC) recommendation and suggested requiring an R-1 review for single-family homes or homes with a cumulative floor area greater than 50%. He posed a question on adding projects that have gone through a concept review process if the project has gone down the entitlement pathway as well as projects going down the by right pathway and have gone through the concept review process within some finite time period. Councilmember Friedman made comments supporting developers that are also residents. He noted that the original basement ordinance and the amendment are both in conformance with the General Plan. He also spoke about loopholes, commercial/residential development, and changing rules midway. He indicated his approval on all categories and indicated his agreement with Councilmember Wunderlich on his Category 3 and Section 17 suggestions, and he is in favor of Category 5 and supports the PC recommendation. Councilmember Mirisch indicated that the ordinance should be consistent to the General Plan but that he is willing to compromise. He stated that he agrees on all the categories as well as Councilmember Wunderlich s recommendations. Vice Mayor Gold stated that he is in favor of all the categories including Councilmember Wunderlich s recommendations. He explained the reasons why the Council is split 2-2 on its decision, and stated that he will give great weight to the PC recommendation because the City Council requested their advice on this matter. Mr. Gohlich brought to the attention of the Council that staff also needs direction on waiving the fees for the temporary R-1 permit. In an attempt to break the split decision, Councilmember Wunderlich suggested imposing an additional R-1 review requirement for projects for new residences and remodel of residences with floor areas that have increased 50%. He suggested calculating the non-basement area per the old definition as well as the new definition

11 Page 11 ofl2 of the ordinance, calculate the deviation and pick a cut-off to narrow down the review of projects. Councilmember Friedman indicated that he has an issue with the R-l reviews because the requirements for R-1 reviews are extremely subjective. Councilmember Mirisch indicated that he is willing to compromise and will accept any suggestions. In response to CouncilmemberWunderlich s suggestion, Mr. Gohlich stated that it may not be implementable because it is difficult to quantify the percentage of conformity, and it only applies to basement but does not apply to the retaining wall standards. He suggested that Council may want to pick any of the three categories (basements, retaining walls and land form alteration) as most significant to narrow down the projects for review. Mr. Corman suggested that the number of retaining walls may be used in the R-1 review because this limitation has been considered two years ago and residents knew it was forthcoming. Council agreed to use the retaining wall standard for series of walls (layer cake) only. Council agreed to impose a deadline of May 2019 for projects coming before the PC. For projects not going to the PC, the deadline should be 18 months from March 22, Projects that will be completed before March 22, 2018 do not have to go through the process. City Council recessed at 11:19pm to give the City Attorney time to draft a revised ordinance. City Council reconvened at 12:13am on February 7, 2018 with the four Councilmembers present. Mr. Wiener announced that he will need at least another hour to draft the revisions and suggested just bringing back the item at the next meeting on February 20, 2018 for re introduction. Council agreed to continue the item to the next meeting of February 20, ITEM F-I: BY ORDER OF THE CHAIR, ABSENT OBJECTION, ITEM CONTINUED TO THE MEETING OF FEBRUARY 20, 2018 G. CITY COUNCIL CONTINUED AND NEW BUSINESS H. COMMISSION SYNOPSIS 1. CULTURAL HERITAGE COMMISSION - Regular Meeting of January 10, 2018 PLANNING COMMISSION - Regular Meeting of January 11, 2018 ARCHITECTURAL COMMISSION - Regular Meeting of January 17, 2018 HUMAN RELATIONS COMMISSION - Regular Meeting of January 18, 2018 FINE ART COMMISSION - Regular Meeting of January 18, 2018 HEALTH AND SAFETY COMMISSION - Regular Meeting of January 22, 2018 RECREATION AND PARKS COMMISSION - Regular Meeting of January 23, 2018 PLANNING COMMISSION - Regular Meeting of January 25, 2018

12 Page 12 of 12 ITEM H-I: NO ACTION TAKEN I. OTHER BUSINESS J. ADJOURNMENT The next City Council meeting is scheduled for February 20, There being no further business, Vice Mayor/Director Gold, with the consent of the City Council/Parking Authority, adjourned the meeting at 12:18am on Wednesday, February 7, PASSED, Approved and Adopted this 19th day of June, 2018 ry JULIAN A. GOLD, M.D., MAYOR/CHAIR This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTVIO Spectrum Cable.