A detailed City Council packet is available for review in the Library
 and City Clerk’s Office.
 

CITY OF BEVERLY HILLS

Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210

AGENDA

CITY COUNCIL REGULAR MEETING

August 16, 2016

7:00 PM
 
 
 

PLEDGE OF ALLEGIANCE



A.
ROLL CALL



B.
PRESENTATIONS

1.
RECOGNITION OF RETIRING COMMISSIONER
- Traffic and Parking Commission - Andy Licht

2.
CERTIFICATE OF APPOINTMENT
- Planning Commission - Andy Licht

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.



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.

3.
REPORT FROM THE CITY MANAGER

4.
CITY COUNCILMEMBER AND COMMITTEE REPORTS



D.
CITY COUNCIL CONSENT CALENDAR

Any item may be removed from the Consent Calendar by a member of the City Council or by a person in attendance, with the concurrence of the City Council.
 


MOTION TO APPROVE CONSENT AGENDA:

“I move the adoption of the Consent Agenda, as follows”
 

Minutes

1.
CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session of July 19, 2016.


2.
CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of June 21, 2016.


3.
CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular meeting of July 5, 2016.


4.
CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of July 19, 2016.



Demands Paid

5.
REVIEW OF BUDGETED DEMANDS PAID, report dated July 9 – August 5, 2016.


6.
PAYROLL DISBURSEMENT REPORT, report dated August 16, 2016.



Other Business


ORDINANCE OF THE CITY OF BEVERLY HILLS:

7.
AMENDING THE BEVERLY HILLS MUNICIPAL CODE REGARDING RESTRICTIONS PERTAINING TO FORMER ELECTED OFFICIALS, FORMER PLANNING COMMISSIONERS AND FORMER CITY OFFICIALS. First Reading - For Introduction.

Comment: During the July 5, 2016 Study Session, the City Council directed that the revolving door ordinance be amended to increase the prohibition on lobbying to four years after a city official, elected official or planning commissioner leaves office or employment.



RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:

8.
FOR THE ACCEPTANCE OF A GRANT UNDER THE FISCAL YEAR 2015 URBAN AREA SECURITY INITIATIVE (UASI 15) AND APPROPRIATING FUNDS FOR THE FIRE DEPARTMENT’S URBAN SEARCH AND RESCUE (USAR) AND SMART CLASSROOM EQUIPMENT FOR $98,022, DISASTER PREPAREDNESS, RESPONSE ACTIVITIES TRAINING AND EXERCISE IN THE AMOUNT OF $157,270, AND THE POLICE DEPARTMENT’S TACTICAL EMERGENCY CASUALTY CARE (TECC) TRAINING IN THE AMOUNT OF $50,000.

Comment: Under the UASI program, the United States Department of Homeland Security provides grant funding to local jurisdictions and assists them in building sustainable capacity to prevent, protect, respond, and recover from acts of terrorism. The UASI grant program for the Los Angeles/Long Beach area is administered by the City of Los Angeles.


9.
FOR ACCEPTANCE OF A GRANT UNDER THE FEDERAL BULLETPROOF VEST PARTNERSHIP;  AND

APPROPRIATION OF $3,059.83 TO PURCHASE BALLISTIC VESTS.

Comment: Grant funds will be used to assist with the purchase of ballistic vests for sworn Police Department personnel. ORDINANCES AND RESOLUTIONS:



ORDINANCES AND RESOLUTIONS:

10.
AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE REGARDING THE PERSONNEL PROCEDURES FOR HIRING AND RETENTION OF ASSISTANT CITY MANAGERS, DEPUTY CITY MANAGERS AND DEPARTMENT HEADS. First Reading - For Introduction. 

A RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS AMENDING THE CITY OF BEVERLY HILLS EXECUTIVE COMPENSATION PLAN, AND THE CITY COUNCIL POLICY AND OPERATIONS MANUAL TO IMPLEMENT THE ORDINANCE REGARDING THE PERSONNEL PROCEDURES FOR HIRING AND RETENTION OF ASSISTANT CITY MANAGERS, DEPUTY CITY MANAGERS, AND DEPARTMENT HEADS.

Comment: This ordinance will give the Council the authority to hire and dismiss Assistant City Managers, Deputy City Managers and Department Heads. The resolution will make conforming changes to the Council policy and operations manual and to the executive compensation plan.



APPROVAL OF:

11.
AN AGREEMENT WITH INTERNATIONAL BUSINESS MACHINES CORPORATION FOR ONGOING MAINTENANCE AND SUPPORT SERVICES FOR THE CITY'S DATA CENTER; AND

AUTHORIZE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $154,330.50 FOR THE SERVICES.

Comment: This item is the annual IBM Customer Agreement between the City and IBM for maintenance and support services related to the City's server and storage environment located in the IT Data Center, including all IBM hardware, software and equipment, and as needed professional services.


12.
AN AGREEMENT WITH BAUER COMPRESSORS INC. TO FURNISH LABOR AND MATERIALS FOR AN AIR COMPRESSOR AND COMPONENTS FOR THE BEVERLY HILLS FIRE DEPARTMENT; AND

AUTHORIZING A PURCHASE ORDER IN AN AMOUNT NOT-TO-EXCEED $72,284.94.

Comment: Staff recommends that the City Council authorize a purchase order in an amount not-to-exceed $72,284.94 from the available General Fund balance to the Equipment Replacement Fund. The apparatus have reached the end of its useful like. The air compressor is a required piece of equipment designed for Self-Contained Breathing Apparatus (SCBA) cylinders.


13.
AGREEMENT WITH VS2 CONSULTING INC. TO PROVIDE AS-NEEDED PROFESSIONAL ENGINEERING CONSULTING SERVICES; AND

APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $100,000 PER FISCAL YEAR AND A TOTAL NOT-TO-EXCEED AMOUNT OF $300,000 OVER THE TERM OF THE AGREEMENT.

Comment: This agreement will augment the Community Development Department's current plan review staff in the review of various off-site civil engineering work, on-site drainage, grading, shoring and excavation type of work for its larger projects. This is a three-year agreement with a total not-to-exceed amount of $100,000 per year. This cost to fund these services are from Council approved budget for Community Development Department offset by plan check and permit revenues.


14.
APPROVALS RELATED TO 9900 WILSHIRE BOULEVARD PROJECT CONSULTANT AGREEMENTS AND PURCHASE ORDERS DESCRIBED HEREIN:

A. AGREEMENT WITH ESA PCR FOR AIR QUALITY (DUST) MONITORING SERVICES FOR THE 9900 WILSHIRE BOULEVARD PROJECT; AND

APPROVAL TO OBTAIN A PURCHASE ORDER FOR A NOT TO EXCEED AMOUNT OF $89,000 FOR FISCAL YEAR 2016-2017.

B. AGREEMENT WITH VENEKLASEN ASSOCIATES, INC. FOR CONSULTING SERVICES RELATED TO CONSTRUCTION NOISE AND VIBRATION MONITORING FOR THE 9900 WILSHIRE BOULEVARD PROJECT; AND

APPROVAL TO OBTAIN A PURCHASE ORDER FOR A NOT TO EXCEED AMOUNT OF $96,750 FOR FISCAL YEAR 2016-2017.

C. AGREEMENT WITH FEHR & PEERS FOR TRAFFIC MITIGATION AND MONITORING SERVICES FOR THE 9900 WILSHIRE BOULEVARD PROJECT; AND

APPROVAL TO OBTAIN A PURCHASE ORDER FOR A NOT TO EXCEED AMOUNT OF $30,180 FOR FISCAL YEAR 2016-2017.

Comment: Staff requests that Council approve agreements and purchase orders for consulting and monitoring services for the 9900 Wilshire Blvd. project construction phase. The associated costs for these agreements will be reimbursed by the developer with no fiscal impact to the City.


15.
AWARD OF A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, ALL AMERICAN ASPHALT, FOR THE FY15-16 STREET AND ALLEY IMPROVEMENTS WITHIN THE CITY OF BEVERLY HILLS, CALIFORNIA, IN THE AMOUNT OF $3,025,000; APPROVAL OF THE PLANS AND SPECIFICATIONS THEREFOR; AND

APPROVAL OF ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $3,327,500 TO ALL AMERICAN ASPHALT FOR THE PROJECT.

Comment: This is a request to the Council to award the construction contract and approval of a purchase order to All American Asphalt for the street and alley improvements in various locations citywide in the amount of $3,327,500, which includes contingency funding.




E.
PUBLIC HEARING 


TO SET:

None
 

TO CONSIDER:

1.
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM AND ADOPTING THE CONGESTION MANAGEMENT PLAN LOCAL DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089.

Comment: Annual resolution and Local Development Report supporting compliance with the countywide Congestion Management Program requirement.


2.
A.    AN ORDINANCE OF THE CITY OF BEVERLY HILLS REGULATING EXPANSIONS OF LEVEL PAD AREAS OF LOTS AND DEVELOPMENT OFF THE LEVEL PAD OF LOTS IN THE HILLSIDE AREA OF THE CITY. First Reading - For Introduction.

Comment: On June 30, 2016, the Planning Commission considered the subject regulations at a public hearing and voted unanimously to recommend their adoption to the City Council.  In general the ordinance would establish a minimum dimension of 20' x 20' for any area to qualify as "level pad" for the purposes of determining the maximum allowed floor area; and require discretionary review for projects that include more than 1,000 cumulative square feet of development off a property's existing level pad. The City Council will also consider finding the ordinance exempt from the California Environmental Quality Act.         

B.    AN INTERIM ORDINANCE OF THE CITY OF BEVERLY HILLS REGULATING EXPANSIONS OF LEVEL PAD AREAS OF LOTS AND DEVELOPMENT OFF THE LEVEL PAD OF LOTS IN THE HILLSIDE AREA OF THE CITY AND DECLARING THE URGENCY THEREOF. First Reading - For Introduction.

Comment: On June 30, 2016, the Planning Commission considered the subject regulations at a public hearing and voted unanimously to recommend their adoption in the form of a regular ordinance to the City Council.  In general the interim ordinance would establish a minimum dimension of 20' x 20' for any area to qualify as "level pad" for the purposes of determining the maximum allowed floor area; and require discretionary review for projects that include more than 1,000 cumulative square feet of development off a property's existing level pad. The interim ordinance would be effective for a 45-day period, unless extended by the City Council. The City Council will also consider finding the interim ordinance exempt from the California Environmental Quality Act.

C.    AN ORDINANCE OF THE CITY OF BEVERLY HILLS REGULATING LANDFORM ALTERATIONS OF CERTAIN LOTS IN THE HILLSIDE AREA OF THE CITY. First Reading - For Introduction.

Comment: On June 30, 2016, the Planning Commission considered the subject regulations at a public hearing and voted unanimously to recommend their adoption to the City Council.  In general the ordinance would require discretionary review for import/export of earth material in excess of 2,000 cubic yards on streets less than 24' in width. The City Council will also consider finding the ordinance exempt from the California Environmental Quality Act.     

D.    AN INTERIM ORDINANCE OF THE CITY OF BEVERLY HILLS REGULATING LANDFORM ALTERATIONS OF CERTAIN LOTS IN THE HILLSIDE AREA OF THE CITY AND DECLARING THE URGENCY THEREOF. First Reading - For Introduction.

Comment: On June 30, 2016, the Planning Commission considered the subject regulations at a public hearing and voted unanimously to recommend their adoption to the City Council in the form of a regular ordinance.  In general the interim ordinance would require discretionary review for import/export of earth material in excess of 2,000 cubic yards on streets less than 24' in width. The interim ordinance would be effective for a 45-day period, unless extended by the City Council. The City Council will also consider finding the interim ordinance exempt from the California Environmental Quality Act.











3.
A VESTING TENTATIVE TRACT MAP, DEVELOPMENT PLAN REVIEW, AND DENSITY BONUS PERMIT TO ALLOW THE CONSTRUCTION OF A 4-STORY, 8-UNIT RESIDENTIAL BUILDING INCLUSIVE OF A VERY LOW-INCOME AFFORDABLE HOUSING UNIT ON THE PROPERTY LOCATED AT 250 NORTH CRESCENT DRIVE.   This item has been continued to the City Council’s September 20, 2016 agenda.

Comment: The public hearing for this item is being rescheduled to September 20, 2016.  No action will be taken by the City Council on August 16, 2016. The City Council will also consider finding the ordinance exempt from CEQA.




F.
CONTINUED AND NEW BUSINESS

None
 


G.
COMMISSION SYNOPSIS

1.
HUMAN RELATIONS COMMISSION - Regular Meeting of June 16, 2016
RECREATION AND PARKS COMMISSION - Special Meeting of June 28, 2016
TRAFFIC AND PARKING COMMISSION - Regular Meeting of July 7, 2016
DESIGN REVIEW COMMISSION - Regular Meeting of July 7, 2016
CULTURAL HERITAGE COMMISSION - Regular Meeting of July 13, 2016
PUBLIC WORKS COMMISSION - Regular Meeting of July 14, 2016
PLANNING COMMISSION - Regular Meeting of July 14, 2016
ARCHITECTURAL COMMISSION - Regular Meeting of July 20, 2016
FINE ART COMMISSION - Regular Meeting of July 21, 2016
PLANNING COMMISSION - Regular Meeting of July 28, 2016




H.
OTHER BUSINESS



I.
ADJOURNMENT

The next City Council meeting will be held on August 25, 2016.
 

This meeting will be broadcast on live television, gavel to gavel, on CITY OF BEVERLY HILLS MUNICIPAL GOVERNMENT television access Channel BHTV10 Time Warner Cable. This program will be rebroadcast on Wednesday, August 17 at 8pm, and Friday, August 19, 2016 at 3pm.

City Council meetings are also now available via live webcast through the City's website at www.beverlyhills.org.