D-3 CITY OF BEVERLY HILLS CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES The City Council Adjourned Regular Meeting was held in the Council Chamber at 7:00 pm. PLEDGE OF ALLEGIANCE led by Robert S. Anderson A. ROLL CALL Present: Absent: Councilmember Reims, Councilmember Gold, Councilmember Bosse, Vice Mayor Krasne, and Mayor Mirisch B. PRESENTATIONS 1. CERTIFICATES OF APPOINTMENT Design Review Commission - Barry I. Bernstein - Recreation and Parks Commission - Alissa Roston Mayor Mirisch, along with the entire City Council, presented certificates of appointment to newly appointed Commissioners Barry Bernstein and Alissa Roston. 2. RECOGNITION OF RETIRING COMMISSIONERS - Design Review Commission - Arline Pepp - Recreation and Parks Commission - Robert S. Anderson Mayor Mirisch, along with the entire City Council, presented a plaques and gifts to retiring Commissioners Arline Pepp and Robert S. Anderson, and thanked them for their service to the City. 3. TEXT BH Text messages on any City-related topic may be sent to 310-596-4265. City staff will acknowledge receipt of the text message within one business day, however, resolution of issues may take longer. Councilmember Bosse announced that text messages on any City-related topic may be sent to (310) 596-4265.
Page 2 of 11 C. ORAL COMMUNICATIONS 1. TELEPHONE CALL-IN (310.285.1020) (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 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.) 2. AUDIENCE COMMENTS. Any person wishing to address the City Council on any matter not on the agenda may do so at this time. However, the State open meetings law (Government Code Section 54950 et seq.) prohibits the City Council 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 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. Ramin Zar 2. Sonia Berman 3. Alex Kay 3. REPORT FROM THE CITY MANAGER City Engineer Mark Cuneo and Deputy Director of Transportation Aaron Kunz provided a PowerPoint and update on the Santa Monica Boulevard construction project. 4. CITY COUNCILMEMBER AND COMMITTEE REPORTS D. CONSENT CALENDAR FISCAL IMPACT REPORT MOVED by Councilmember Gold, seconded by Councilmember Reims to remove Items D-1 7 and D-1 9 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 D-7 and D-8 Minutes 1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session of November 1, 2016. ITEM D-1: APPROVED
Page 3 of 11 2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Special Meeting of November 8, 2016. ITEM D-2: APPROVED 3. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Special Meeting of November 9, 2016. ITEM D-3: APPROVED 4. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of November 15, 2016. ITEM D-4: APPROVED 5. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Regular Meeting of November 21, 2016. ITEM D-5: APPROVED 6. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Regular Meeting of November 29, 2016. ITEM D-6: APPROVED Demands Paid 7. REVIEW OF BUDGETED DEMANDS PAID, report dated December 10 30, 2016. December ITEM D-7: APPROVED 8. PAYROLL DISBURSEMENT REPORT, report dated. ITEM D-8: APPROVED Other Business ORDINANCE OF THE CITY OF BEVERLYHILLS: 9. AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO PROHIBIT SMOKING IN BEVERLY CANON GARDENS. Second Reading For Adoption. Comment: This ordinance amends the municipal code to prohibit smoking in Beverly Canon Gardens pursuant to the Council direction and codifies a smoking prohibition in City parks consistent with City regulations. ITEM D-9: ADOPTED; ORD# 17-0-2 721
Page 4 of 11 10. AMENDING THE BEVERLY HILLS MUNICIPAL CODE REGARDING COMMERCIAL OR PROFESSIONAL INSTRUCTION IN CITY PARKS. Second Reading - For Adoption. Comment: Consider the proposed Ordinance amending the Beverly Hills Municipal Code regarding unlimited and unregulated use of public recreational property in the City by professional instruction establishments and to establish a permit requirement for such establishments to maximize their compatibility with the use of public recreation property by the general public and minimize the burden on the City s related maintenance and safety services. ITEM D-1O: ADOPTED; ORD# 17-0-2722 11. AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO CLARIFY LANGUAGE ON EXISTING REGULATIONS RELATED TO PORTE COCHERES SOUTH OF SANTA MONICA BOULEVARD, PUBLIC NOTICING REQUIREMENTS, PAVING IN FRONT YARDS, TIME EXTENSION OF RIGHTS FOR CONDITIONAL USE PERMITS, AND MINOR ACCOMMODATIONS IN THE CENTRAL AREA OF THE CITY. Second Reading - For Adoption. Comment: The proposed ordinance includes minor clarifying modifications to the Beverly Hills Municipal Code. ITEM D-11: ADOPTED; ORD# 17-0-2 723 72. AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO UPDATE SECOND UNIT REGULATIONS PURSUANT TO CHANGES IN STATE LAW, INCLUDING TERMINOLOGY FROM SECOND UNITS TO ACCESSORY DWELLING UNITS. Second Reading - For Adoption. Comment: This ordinance will bring the City of Beverly Hills Municipal Code into compliance with state law regarding accessory dwelling units. ITEM D-12: ADOPTED; ORD# 17-0-2724 RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLYHILLS: APPROVAL OF: 13. REAPPOINTING MEMBERS TO THE CHARITABLE SOLICITATIONS COMMISSION (PAM KRAUSHAAR AND JOE SAFIER) AND THE DESIGN REVIEW COMMISSION (MAHNAZ SHARIFI ARDANI). Comment: Reappoints Commissioners Pam Kraushaar, Joe Safier and Mahnaz Sharifi Ardani for a second four-year term each. ITEM D-13: APPROVED
Page 5 of 11 14. LEASE BY AND BETWEEN THE CITY OF BEVERLY HILLS AND A GOOD SON, INC. (DBA LAZY DAISY BEVERLY HILLS ) FOR A SNACK BAR AT LA CIENEGA PARK. Comment: Staff recommends approval of the lease between the City and Good Sons, Inc. (DBA Lazy Daisy Beverly Hills ) for operation of the concession stand at La Cienega Park. ITEM D-14: APPROVED; LEASE - AG# 10-17; MEMORANDUM OF LEASE - AG# 11-1 7 15. AGREEMENT WITH GRAY CPA CONSULTING, PC FOR IMPLEMENTATION SERVICES RELATED TO THE CITY S CASEWARE GOVERNMENTAL SOLUTIONS SOFTWARE; AND APPROVAL OF A PURCHASE ORDER IN THE NOT TO EXCEED AMOUNT OF $58,000 FOR CONSULTING SERVICES. Comment: Staff recommends that the City Council approve the agreement and purchase order in the not-to-exceed amount of $58,000 between the City of Beverly Hills and Gray CPA Consulting, PC for implementation of software that will automate the preparation of the City s annual financial report. There is a one-time implementation expense of $58,000 for the services, including $5,875 in contingency funds. ITEM D-15: APPROVED; AG# 12-17 16. A. AGREEMENT WITH OCLC ONLINE COMPUTER LIBRARY CENTER, INC. FOR CONTINUED MEMBERSHIP AND ACCESS TO CATALOGING, RESOURCE SHARING, AND DISCOVERY SERVICE. B. ADDENDUM TO THE ABOVE AGREEMENT TO CLARIFY CITY STANDARD TERMS. Comment: This agreement provides the library with basic catalog records to be customized and added to our online catalog system. It connects our library with libraries both nationally and internationally by means of a group shared catalog (WorldCat). Worldcat makes it possible for the library to borrow materials from other libraries for our library users. It also provides access to staff development tools as well as the latest edition of the Dewey Decimal System tables. ITEM D-16: APPROVED; AG# 13-17; ADDENDUM - AG# 14-17 17. AGREEMENT WITH HAZEN & SAWYER FOR WATER TREATMENT PLANT OPTIMIZATION AND ON-CALL SERVICES FOR WATER TREATMENT SYSTEM OPERATIONS SUPPORT; AND APPROVAL OF A PURCHASE ORDER IN THE NOT-TO-EXCEED AMOUNT OF $250,000. Comment: Staff recommends City Council move to approve an Agreement with Hazen & Sawyer to provide the City of Beverly Hills with on-call services for water treatment system operations support; and approve a purchase order in the not-to-exceed amount of $250,000.
Page 6 of 11 Water Resources Manager Vince Damasse responded to Vice Mayor Krasne s question regarding regular monitoring and proactive maintenance of the water treatment plant. MOVED by Councilmember Gold, seconded by Vice Mayor Krasne to approve Item D-17 as follows: AGREEMENT WITH HAZEN & SAWYER FOR WATER TREATMENT PLANT OPTIMIZATION AND ON-CALL SERVICES FOR WATER TREATMENT SYSTEM OPERATIONS SUPPORT; AND APPROVAL OF A PURCHASE ORDER IN THE NOT-TO-EXCEED AMOUNT OF $250,000 Ayes: Councilmember Reims, Councilmember Gold, Councilmember Bosse, Vice Mayor Krasne, and Mayor Mirisch. Noes:. CARRI ED ITEM D-17:APPROVED;AG# 15-17 18. AMENDMENT NO.4 TO THE AGREEMENT WITH CORDOBA CORPORATION FOR ENGINEERING SUPPORT SERVICES ASSOCIATED WITH THE IMPLEMENTATION OF THE WESTSIDE SUBWAY EXTENSION; AND APPROVAL OF AN APPROPRIATION OF $953,263 FROM THE GENERAL FUND; AND APPROVAL OF A PURCHASE ORDER TO CORDOBA CORPORATION FOR SUPPORT SERVICES IN THE AMOUNT OF $953,263. Comment: Staff recommends that the City Council move to approve Amendment No. 4 to Agreement No. 523-14 with Cordoba Corporation, for as-needed engineering support services related to the Westside Subway Extension project and various infrastructure improvement projects; approve an appropriation of $953,263 from the General Fund; and approve a purchase order in the amount of $953,263. ITEM D-18: APPROVED; AG# 16-17 19. ACCEPTANCE OF THE CONTRACT FOR THE CONSTRUCTION OF GREYSTONE JOINT SEALANT AND VALVE COATINGS REHABILITATION PROJECT BY OLYMPOS PAINTING, INC. IN THE FINAL AMOUNT OF $869,430.00 AND AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION. Comment: This project included the replacement of joint sealant, concrete spall repairs, sandblasting and coating valves, replacing one 12-inch valve, installing two sampling pump stations, and replacement of uplifted sidewalks adjacent to the reservoir building. The project is $45,570 below budget. City Engineer Mark Cuneo responded to Councilmember Reims question on whether the need for rehabilitation was caused by neglect or lack of maintenance, and how it can be prevented from happening again in the future.
Page 7 of 11 MOVED by Councilmember Reims, seconded by Vice Mayor Krasne to approve Item D-1 9 as follows: ACCEPTANCE OF THE CONTRACT FOR THE CONSTRUCTION OF GREYSTONE JOINT SEALANT AND VALVE COATINGS REHABILITATION PROJECT BY OLYMPOS PAINTING, INC. IN THE FINAL AMOUNT OF $869,430.00 AND AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION Ayes: Councilmember Reims, Councilmember Gold, Councilmember Bosse, Vice Mayor Krasne, and Mayor Mirisch. Noes:. CARRIED ITEM D-19: APPROVED 20. A PURCHASE ORDER TO WONDRIES FLEET GROUP FOR A TOTAL NOT-TO- EXCEED AMOUNT OF $205,712.99 FOR PURCHASE OF ONE (1) FORD POLICE ASSISTANT CHIEF VEHICLE, ONE (1) FORD POLICE CAPTAIN VEHICLE AND TWO (2) FORD PUBLIC WORKS VEHICLES. Comment: Staff recommends City Council waive the bidding requirements as the City is utilizing the National Joint Powers Alliance (NJ PA) bid process and move to approve a purchase order in the amount of $205,712.99 to Wondries Fleet Group for the purchase of specified vehicles. ITEM D-20: APPROVED Vote on the City Council Consent Calendar: Ayes: Noes: CARRIED Councilmember Reims, Councilmember Gold, Councilmember Bosse, Vice Mayor Krasne, and Mayor Mirisch.. E. PUBLIC HEARING TO SET:
Page 8 of 11 TO CONSIDER: This being the time and place set, a public heating was held to consider: 1. AN APPEAL OF THE PLANNING COMMISSION S DECISION APPROVING A VESTING TENTATIVE TRACT MAP AND DEVELOPMENT PLAN REVIEW TO ALLOW THE CONSTRUCTION OF A NEW, 26-UNIT MULTIFAMILY CONDOMINIUM BUILDING AT 332-336 NORTH OAKHURST DRIVE AND PARTIALLY LOCATED IN THE CITY OF LOS ANGELES. Comment: On October 13, 2016, the Planning Commission adopted a resolution conditionally approving a Vesting Tentative Tract Map and Development Plan Review to allow the construction of a 26-unit condominium building located at 332-336 North Oakhurst Drive. An appeal of this decision was filed, and appeal fees have been paid. At its November 15, 2016 meeting, the City Council set for a public hearing to consider the appeal. 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 in this matter are made a part of the record of this hearing. The Councilmembers disclosed their ex-parte communications that are not otherwise on record. Assistant Director of Community Development/City Planner Ryan Gohlich presented a PowerPoint and oral report on this item providing information and showing photographs of the neighborhood surroundings, existing street frontage, homes in the 300 block of North Oakhurst, requested entitlements, approved elevation, comparison of what is being proposed and final revised approved project, background on multi-jurisdictional processing, CEQA review, project timeline, processing deadlines, original project design (October 8, 2015), project revision - Planning Commission Subcommittee Meeting (April 12, 2016), project revision - Planning Commission Meeting (September 19, 2016), final project revision Planning Commission Meeting (October 13, 2016), site plan/final revised site plan, original design and final design, south and north elevations, summary of project revisions, General Plan consistency, urban design and neighborhood compatibility, appeal by Mr. Steve Mayer, and recommendation. Speaking: 1. Murray D. Fischer 2. Phillip Kudelka 3. John Bowman, Oakhurst 90210, LLC 4. Steve Mayer 5. Robert Tanenbaum 6. Steve Mayer read an email from Craig Corman 7. Allyson Wittner, The Municipal League of Beverly Hills
Page 9 of 11 8. Marcello Vavala, Los Angeles Conservancy 9. Sarah Blanchard 10. JamieT. Hall 11. Robert Block 12. Chris Hammond 13. Dr. Woodrow Clark 14. Gil Siegel 15. Philip Blustein 16. Michael Kim 17. Susan Marfleet 18. David Gingold 19. Soham Patel 20. David Schnepp 21. ChuckAronberg There were no other members of the audience who wished to comment. Mayor Mirisch closed the public hearing. Council asked the applicant and appellant questions regarding the project details. At the request of Vice Mayor Krasne, City Attorney Laurence Wiener explained writ of mandate. Mr. Gohlich, Mr. Wiener and City Manager Mahdi Aluzri responded to Council questions pertaining to impact on schools/emergency services/streets, tax revenue compensation, DPR requirement, Los Angeles and Beverly Hills approvals, findings, adverse effects, annexation, amenities, historic districts, dual jurisdiction code standards, survey LA, vetting by Cultural Heritage Commission, lot lines, and development agreement. Planning Commission (PC) Chair Joe Shooshani and Vice Chair Lori Greene Gordon provided their comments on the project. The applicant and appellant representatives provided their rebuttal presentations. The City Council unanimously agreed to refund the appeal fee. There were no further questions or comments from Councilmembers. MOVED by Councilmember Bosse, seconded by Mayor Mirisch to deny the vesting tentative tract map and development plan review to allow the construction of a 26-unit condominium building located at 332-336 North Oakhurst Drive, and direct staff to prepare a resolution of findings based on the Council s deliberations for consideration at the next City Council meeting on January 24, 2017; to approve for the resolution to be amended to include a credit towards a new project application; and waive the appeal fee
Page 10 of 11 Ayes: Noes: CARRI ED Councilmember Reims, Councilmember Gold, Councilmember Bosse, Vice Mayor Krasne, and Mayor Mirisch.. ITEM E- 1: COUNCIL DENIED THE VESTING TENTATIVE TRA CT MAP AND DEVELOPMENT PLAN REVIEW TO ALLOW THE CONSTRUCTION OF A 26-UNIT CONDOMINIUM BUILDING LOCATED AT 332-336 NORTH OAKHURST DRIVE, AND DIRECTED STAFF TO PREPARE A RESOLUTION OF FINDINGS BASED ON THE COUNCIL S DELIBERATIONS FOR CONSIDERATION AT THE NEXT CITY COUNCIL MEETING ON JANUARY 24, 2017; RESOLUTION WILL BE AMENDED TO INCLUDE A CREDIT TOWARDS A NEW PROJECT APPLICATION; COUNCIL UNANIMOUSLY AGREED TO REFUND/RETURN THE APPEAL FEE F. CONTINUED AND NEW BUSINESS G. COMMISSION SYNOPSIS 1. RECREATION AND PARKS COMMISSION - Special Meeting of December 13, 2016 HUMAN RELATIONS COMMISSION - Regular Meeting of December 15, 2016 PUBLIC WORKS COMMISSION - Special Meeting of December 15, 2016 FINE ART COMMISSION - Regular Meeting of December 15, 2016 HEALTH AND SAFETY COMMISSION - Special Meeting of December 19, 2016 ARCHITECTURAL COMMISSION - Regular Meeting of December 21, 2016 ITEM G-1: NO ACTION TAKEN H. OTHER BUSINESS ADJOURNMENT The next regular City Council meeting will be held on January 24, 2017. There being no further business, Mayor Mirisch, with the consent of the City Council, adjourned the meeting at 12:31am on Wednesday, January 11, 2017.
Page 11 of 11 PASSED, Approved and Adopted this 7th day of February, 2017 BNOPE,clerk JOHN A. MIRISCH, Mayor This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTVIO Time Warner Cable.