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

JOINT MEETING OF THE CITY COUNCIL AND PARKING AUTHORITY

December 6, 2016

7:00 PM
 
 
 
PLEDGE OF ALLEGIANCE



A.
ROLL CALLS



B.
PRESENTATIONS

1.
PROCLAMATION in honor of Kirk Douglas’ 100th Birthday

2.
PROCLAMATION for 2016 Embrace Civility Award - The Embrace Civility Award recognizes people who exemplify any or all of the following: acts as a role model of positive civic behavior; takes a stand in support of respect and responsible actions and promotes positive neighbor to neighbor relations.

3.
CITY OF BEVERLY HILLS DESIGN AWARDS - This year the Design Review Commission is honoring four (4) single family projects which demonstrate excellence in design based on exterior appearance, the quality of materials, colors, landscape and context with neighboring properties.

4.
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/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 54950 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.

3.
REPORT FROM THE CITY MANAGER

4.
CITY COUNCILMEMBER AND COMMITTEE REPORTS



D.
PARKING AUTHORITY CONSENT CALENDAR

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


MOTION TO APPROVE CONSENT AGENDA:

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

Minutes

1.
CONSIDERATION OF THE MINUTES of the Parking Authority Meeting of September 6, 2016
Other Business

2.
A. TERMINATION OF LEASE BETWEEN THE PARKING AUTHORITY AND TSUYO REHM, TRUSTEE UNDER DECLARATION OF TRUST DATED JANUARY 19, 2015 MADE BY KAZUMI KIM DBA KABUKI BEAUTY SALON; AND

B. APPROVAL OF LEASE BETWEEN THE PARKING AUTHORITY AND F.P.L.R., INC. DBA RAPHAEL FOR THE PROPERTY AT 313 N. CRESCENT DRIVE.

Comment: This action authorizes the Parking Authority of the City of Beverly Hills, as landlord, to terminate its existing lease with Kabuki Hair Salon as tenant as they no longer wish to operate the business. The subsequent action authorizes the Parking Authority to enter into a new lease with F.P.L.R., Inc. dba Raphael, as new tenant to assume the retail space at 313 N. Crescent Drive.



E.
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 October 4, 2016.


2.
CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of October 18, 2016.
Demands Paid

3.
REVIEW OF BUDGETED DEMANDS PAID, report dated November 5 – 25, 2016.


4.
PAYROLL DISBURSEMENT REPORT, report dated December 6, 2016.
Other Business


ORDINANCE OF THE CITY OF BEVERLY HILLS:

5.
AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO ESTABLISH A WATER SUPPLY FEE. Second Reading – For Adoption.

Comment: This ordinance amends the City’s Municipal Code to establish a water supply fee, which would be assessed on new development projects and remodels.

6.
AMENDING BEVERLY HILLS MUNICIPAL CODE SECTIONS §5-2-106, §5-2-107, §10-3-1604, §10-3-100, §10-3-2003 AND ADDING BHMC §10-3-1620.3 TO CONDITIONALLY ALLOW ANCILLARY PET BOARDING FACILITIES WITHIN RETAIL ESTABLISHMENTS IN COMMERCIAL ZONES SUBJECT TO A CONDITIONAL USE PERMIT. Second Reading - For Adoption.

Comment: An Ordinance to create regulations for ancillary pet boarding facilities related to a request at 9388 S. Santa Monica Boulevard.



RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:

7.
APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS).

Comment: This report recommends that the City Council approve the City’s establishment of the PARS Post-Employment Benefits Trust Program to address funding of other post-employment benefits (OPEB) and pension unfunded liabilities.  This report also recommends that the resolution be adopted authorizing the plan to be administered by Public Agency Retirement Services (PARS).


APPROVAL OF:

8.
AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. TO PROVIDE ENGINEERING ASSESSMENT FOR THE NON-POTABLE WATER DISTRIBUTION SYSTEM AT CABRILLO RESERVOIR; AND

APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $230,604 TO MICHAEL BAKER INTERNATIONAL, INC.

Comment: This is a Professional Services Agreement to provide engineering assessment for the non-potable water distribution system at Cabrillo reservoir

9.
AN AGREEMENT WITH GALLS, LLC FOR THE PURCHASE OF SOFT BODY ARMOR; AND

APPROVAL OF A PURCHASE ORDER TO GALLS, LLC FOR A NOT-TO-EXCEED AMOUNT OF $78,924.18 FOR THE SOFT BODY ARMOR.

Comment: City equipment replacement funds will be used to replace soft body armor which have reached the end of their useful life.

10.
AGREEMENT WITH RINCON CONSULTANTS, INC. FOR THE PREPARATION OF AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE 9200 WILSHIRE BOULEVARD MIXED USE PROJECT; AND,

APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $69,695 FOR THE DESCRIBED SERVICES.

Comment: The City has received a request for a Planned Development Permit to modify the previously approved project at 9200 Wilshire Boulevard (M-PD-4 Mixed Use Planned Development Overlay Zone) to increase the number of residential units and reduce the amount of commercial floor area. This agreement is for the preparation of environmental documentation associated with the request. The full cost of the environmental documentation will be borne by the project applicant.

11.
AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BY AND BETWEEN THE CITY OF BEVERLY HILLS AND PRE-WAR ART, INC. DBA GAGOSIAN GALLERY FOR THE LOAN OF TWO SCULPTURES BY RICHARD SERRA.

Comment: This amendment extends the temporary loan of Twins by Richard Serra which are currently installed on the northwest lawn of City Hall

12.
THE AWARD OF A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, BBS CONSTRUCTION, INC., FOR LA CIENEGA PARK COMMUNITY CENTER DRYWALL REPLACEMENT - BID# 16-33; AND

APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR; AND

APPROVAL OF A PURCHASE ORDER TO BBS CONSTRUCTION, INC. IN THE AMOUNT NOT TO EXCEED $71,225.00 FOR THE CONTRACT WORK.

Comment: This contract award includes the replacement of water damaged drywall in the lobby, entry, corridor and multi-purpose room at La Cienega Community Center.



F.
PUBLIC HEARING


TO SET:

None
 

TO CONSIDER:

1.
AN APPEAL OF THE PLANNING COMMISSION’S DECISION APPROVING A CENTRAL R-1 PERMIT TO ALLOW A REDUCED REAR SETBACK FOR A CORNER PROPERTY FOR THE RESIDENCE LOCATED AT 9570 VIRGINIA PLACE.  THE COUNCIL WILL ALSO CONSIDER ADOPTION OF A CATEGORICAL EXEMPTION, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Comment: On April 28, 2016, the Planning Commission approved a Central R-1 Permit to allow a reduced rear setback for the corner property located at 9570 Virginia Place with conditions related to screening of a proposed new deck from the property to the west. The approval allows for the construction of new additions to the existing single-family residence at the first floor level and at the lower garage level. A timely appeal of the decision was filed by Dr. Stan Kahan. The Council will consider the appeal and CEQA exemption determination at this hearing.

2.
A RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS DESIGNATING THE "TALLMAN - STERN RESIDENCE" AT 9570 VIRGINIA PLACE, BEVERLY HILLS, AS A LOCAL LANDMARK AND PLACING THE PROPERTY ON THE CITY OF BEVERLY HILLS REGISTER OF HISTORIC PROPERTIES; AND

THE COUNCIL WILL ALSO CONSIDER ADOPTION OF A CATEGORICAL EXEMPTION, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Comment: Staff recommends that the City Council, on the recommendation of the Cultural Heritage Commission and with property owner agreement, adopt a resolution designating the "Tallman - Stern Residence" at 9570 Virginia Place as a Local Landmark and placing the property on the Beverly Hills Register of Historic Properties.

3.
AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING BEVERLY HILLS MUNICIPAL CODE SECTIONS §10-3-2509, §10-3-2409, AND §10-3-100 TO ALLOW DECKS LOCATED AT FINISHED FIRST FLOOR LEVEL THAT COVER PORTIONS OF DRIVEWAYS THAT LEAD TO SUBTERRANEAN PARKING AS PERMISSIBLE ENCROACHMENTS IN REQUIRED SIDE YARDS, STREET SIDE YARDS, PAD EDGE SETBACKS, AND REAR YARDS IN THE HILLSIDE AND CENTRAL AREAS OF THE CITY, AND TO EXPRESSLY EXEMPT THE SUBTERRANEAN SPACE CREATED BELOW THE DECKS FROM COUNTING AS FLOOR AREA.  First Reading - For Introduction.

THE CITY COUNCIL WILL ALSO CONSIDER ADOPTION OF A CATEGORICAL EXEMPTION, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Comment: This zone text amendment would allow decks located at finished first floor level and that cover portions of driveways that lead to subterranean parking to be located in required yards on single-family residential properties. This is a result of a request at 1011 Lexington Road. The Council will also consider finding the ordinance exempt from CEQA.

4.
A. RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT MODIFICATIONS TO THE CALIFORNIA BUILDING STANDARDS CODE AND FIRE CODE ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS.

B. AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING AN ADMINISTRATIVE CODE AND ABATEMENT OF DANGEROUS BUILDINGS CODE, AND ADOPTING BY REFERENCE THE 2016 CALIFORNIA BUILDING CODE; THE 2016 CALIFORNIA RESIDENTIAL CODE; THE 2016 CALIFORNIA ELECTRICAL CODE; THE 2016 CALIFORNIA MECHANICAL CODE; THE 2016 CALIFORNIA PLUMBING CODE; THE 2016 CALIFORNIA ENERGY CODE; THE 2016 CALIFORNIA FIRE CODE; THE 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE; THE 2016 CALIFORNIA HISTORICAL BUILDING CODE; THE 2016 CALIFORNIA REFERENCED STANDARDS CODE; THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2015 EDITION; INCLUDING CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS, AND AMENDING TITLE 9 OF THE BEVERLY HILLS MUNICIPAL CODE. First Reading - For Introduction.

C. AN URGENCY ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING AN ADMINISTRATIVE CODE AND ABATEMENT OF DANGEROUS BUILDINGS CODE, AND ADOPTING BY REFERENCE THE 2016 CALIFORNIA BUILDING CODE; THE 2016 CALIFORNIA RESIDENTIAL CODE; THE 2016 CALIFORNIA ELECTRICAL CODE; THE 2016 CALIFORNIA MECHANICAL CODE; THE 2016 CALIFORNIA PLUMBING CODE; THE 2016 CALIFORNIA ENERGY CODE; THE 2016 CALIFORNIA FIRE CODE; THE 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE; THE 2016 CALIFORNIA HISTORICAL BUILDING CODE; THE 2016 CALIFORNIA REFERENCED STANDARDS CODE; THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2015 EDITION; INCLUDING CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS, AND AMENDING TITLE 9 OF THE BEVERLY HILLS MUNICIPAL CODE; AND DECLARING THE URGENCY THEREOF.

Comment: This regular Ordinance and Urgency Ordinance adopts by reference the 2016 California Building Standards Code with applicable local amendments to the California Building Standards Code and other technical codes. The proposed Ordinance includes construction standards for building, electrical, mechanical, plumbing and fire codes. Staff recommends the Public Hearing be held. The Urgency ordinance is an exact duplicate of the regular ordinance provided in an effort to align the effective dates of local amendments with the effective date of the California Building Standards Code of January 1, 2017. The Council will also consider finding the ordinance exempt from CEQA.






G.
CONTINUED AND NEW BUSINESS

None
 


H.
COMMISSION SYNOPSIS

1.
TRAFFIC AND PARKING COMMISSION - Regular Meeting of November 3, 2016
DESIGN REVIEW COMMISSION - Regular Meeting of November 3, 2016
CHARITABLE SOLICITATIONS COMMISSION - Regular Meeting of November 9, 2016
PLANNING COMMISSION - Regular Meeting of November 10, 2016
HUMAN RELATIONS COMMISSION - Regular Meeting of November 17, 2016
FINE ART COMMISSION - Regular Meeting of November 17, 2016




I.
OTHER BUSINESS



J.
ADJOURNMENT

The next City Council meeting will be held on December 20, 2016.
 

This meeting will be broadcast live, gavel to gavel, on CITY OF BEVERLY HILLS Municipal Government access BHTV Channel 10 on Spectrum Cable. This program will be rebroadcast on Wednesday, December 7 at 8pm, and Friday, December 9, 2016 at 3pm.
City Council meetings are also now available via live webcast through the City's website at www.beverlyhills.org/live.