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

December 20, 2016

7:00 PM
 
 
 

PLEDGE OF ALLEGIANCE



A.
ROLL CALL



B.
PRESENTATIONS

1.
PRESENTATION to Former Mayor Les Bronte

2.
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.
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 18, 2016.


2.
CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of November 1, 2016.


3.
CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Special Meeting of November 7, 2016.



Demands Paid

4.
REVIEW OF BUDGETED DEMANDS PAID, report dated November 26 – December 9, 2016.


5.
PAYROLL DISBURSEMENT REPORT, report dated December 20, 2016.



Other Business


ORDINANCE OF THE CITY OF BEVERLY HILLS:

6.
AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO PROHIBIT SMOKING IN BEVERLY CANON GARDENS. First Reading – For Introduction.

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.


7.
AMENDING THE BEVERLY HILLS MUNICIPAL CODE REGARDING COMMERCIAL OR PROFESSIONAL INSTRUCTION IN CITY PARKS.  First Reading - For Introduction.   

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.


8.
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. THE  CITY COUNCIL WILL ALSO CONSIDER ADOPTION OF A CATEGORICAL EXEMPTION, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.  Second Reading - For Adoption.

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.



RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:

9.
APPROVING THE TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION (TRAP) MEMORANDUM OF UNDERSTANDING; AND AUTHORIZING THE CITY’S MEMBERSHIP IN TRAP.

Comment: Membership in this regional task force will have no fiscal impact and will serve as a force multiplier by providing the City with access to resources and/or personnel from participating local, state, and federal law enforcement agencies, thereby allowing the Police Department to take a more regional approach to its policing efforts.


10.
ESTABLISHING PREFERENTIAL PARKING PERMIT ZONE “O” ON THE 600 BLOCK OF SIERRA DRIVE BETWEEN CARMELITA AVENUE AND ELEVADO AVENUE.

Comment: Establish a 2-Hour daytime and No Parking evening permit parking regulation consistent with adjacent street blocks.


11.
A.  APPROVING AMENDMENT NO. 1 TO THE CITY OF BEVERLY HILLS AMENDED AND RESTATED EXECUTIVE EMPLOYEE COMPENSATION PLAN DATED JULY 19, 2016

B. APPROVAL OF SALARY SCHEDULE EFFECTIVE DECEMBER 20, 2016, AMENDED TO INCLUDE THE CLASSIFICATION OF ASSISTANT CHIEF OF POLICE.

Comment: The proposed amendment facilitated the addition of the Assistant Police Chief position and the conversion of a Civilian Commander to a Sworn Captain.


12.
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 a resolution be adopted authorizing the plan to be administered by Public Agency Retirement Services (PARS).


13.
RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 8, 2016, DECLARING THE RESULT AND DECLARING SUCH OTHER MATTERS AS PROVIDED BY LAW FOR CITY MEASURE HH (HILTON CONDOMINIUM TOWER INITIATIVE).

Comment: This item requests City Council to adopt the resolution reciting the fact of the General Municipal Election held on November 8, 2016 and declaring such other matters as provided by law for City Measure HH (Hilton Condominium Tower Initiative), and accept the certification of election results from the Los Angeles County Registrar Recorder/County Clerk.



APPROVAL OF:

14.
LEASE AGREEMENT WITH THE CITY OF WEST HOLLYWOOD FOR CITY-OWNED PROPERTY AT 621 NORTH ROBERTSON BOULEVARD IN THE CITY OF WEST HOLLYWOOD.

Comment:  Staff recommends approval of lease agreement between the City of Beverly Hills and the City of West Hollywood for the surface lot located at 621 North Robertson Boulevard.  Projected revenue would benefit the City’s Water Enterprise Fund.


15.
DESIGN REVIEW COMMISSION APPOINTMENTS (BARRY I. BERNSTEIN AND ANTHONY P. SPANN).

Comment: Appoints Barry I. Bernstein and Anthony P. Spann to the Design Review Commission for an initial two-year term each.


16.
A. AN AGREEMENT WITH CIRILIAN, INC. DBA REC1 FOR IMPLEMENTATION AND LICENSING OF A RECREATION MANAGEMENT SOFTWARE SYSTEM FOR THE COMMUNITY SERVICES DEPARTMENT, AND RELATED SERVICES; AND

B. APPROVAL OF THE ONLINE REGISTRATION AND SERVICING AGREEMENT FOR THE CITY OF BEVERLY HILLS AND CIRILIAN, INC. DBA REC1; AND

APPROVAL OF A PURCHASE ORDER TO CIRILIAN, INC. DBA REC1 IN AN AMOUNT NOT TO EXCEED $100,000 FOR THE SYSTEM AND SERVICES.

Comment: Staff recommends that the City Council award a contract related to Bid No. 15-46 to the lowest responsible bidder Cirilian Inc. dba Rec1, approve an Agreement between the City and Cirilian Inc. dba Rec1for a new Recreation Management System, and authorize a purchase order in an amount not to exceed $100,000 for the system and related services.


17.
A. AMENDMENT NO. 1 TO AN AGREEMENT WITH LINDMARK ENGINEERING INC. FOR ARSENIC EVALUATION AND ENVIRONMENTAL SERVICES RELATED TO THE SANTA MONICA BOULEVARD RECONSTRUCTION PROJECT; AND

APPROVAL OF A CORRESPONDING CHANGE PURCHASE ORDER TO LINDMARK ENGINEERING INC. IN THE NOT-TO-EXCEED AMOUNT OF $83,000

B.  AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT WITH PARKING CONCEPTS, INC. FOR THE RECONFIGURATION AND OPERATION OF CERTAIN PARKING FACILITIES RELATED TO THE SANTA MONICA BOULEVARD RECONSTRUCTION PROJECT; AND

APPROVAL OF A CORRESPONDING CHANGE PURCHASE ORDER TO PARKING CONCEPTS, INC. IN THE NOT-TO-EXCEED AMOUNT OF $1,089,000.00.

Comment: This is a request to City Council approve Amendment No. 1 to Agreement No. 153-16 with Lindmark Engineering, Inc. for environmental services, and authorize the City Manager to execute Amendment No. 1 to Agreement 525-16 with PCI for the operation services of the SM-5 Parking structures related to the North Santa Monica Boulevard Reconstruction Project.


18.
AMENDMENT NO. 10 TO AN AGREEMENT WITH LANDCARE USA, LLC (FORMERLY TRUGREEN LANDCARE LLC) FOR LANDSCAPE MAINTENANCE SERVICES; AND

APPROVAL OF A CORRESPONDING CHANGE PURCHASE ORDER IN THE NOT-TO-EXCEED AMOUNT OF $456,953 FOR THESE SERVICES.

Comment: Staff recommends the City council to approve Amendment No. 10 with Landcare USA, LLC and a corresponding change purchase order. Amendment No. 10 increases the FY 2017 not-to-exceed consideration by 1.5% and extends the termination date to June 30, 2017. During this time the City will issue a request for proposals and execute a new agreement for Fiscal Year 2018.


19.
AUTHORIZATION TO APPROPRIATE $515,000 FROM SEIZED AND FORFEITED PROPERTY TO ENHANCE POLICE DEPARTMENT OPERATIONS; AND 

AUTHORIZATION OF A CHANGE ORDER IN THE AMOUNT OF $40,000 TO GALLS, LLC FOR THE PURCHASE OF NEW HIRE OFFICERS UNIFORMS FOR A NOT TO EXCEED AMOUNT OF $78,500.     Comment: Request to use general fund for uniforms for newly hired officers, expand background consulting services, a digital police policy management solution, two vehicles and overtime expenses related to holiday bicycle/foot patrol beats as well as temporary crime suppression unit.


20.
APPROPRIATION OF $40,500 FOR THE PURCHASE OF A VEHICLE RELATED TO THE PUBLIC WORKS UTILITY SERVICE LOCATOR TECHNICIAN POSITION.

Comment: This is to appropriate funding for the purchase of a vehicle related to the Public Works Utility Locator technician position that was previously approved via the City Council budget process.




E.
PUBLIC HEARING


TO SET:

None
 

TO CONSIDER:

1.
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. Second Reading – For Adoption.

Comment: This 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.


2.
A RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS APPROVING A THREE YEAR EXTENSION OF THE MILLS ACT PILOT PROGRAM.

Comment: A resolution of the Council of the City of Beverly Hills approving a three year extension of the Mills Act Pilot Program.


3.
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. First Reading - For Introduction.

Comment: The proposed ordinance includes minor clarifying modifications to the Beverly Hills Municipal Code.


4.
A. 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. First Reading - For Introduction.

B. AN URGENCY 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.

Comment: Regular and urgency ordinances will bring the City of Beverly Hills Municipal Code into compliance with state law regarding accessory dwelling units.




F.
CONTINUED AND NEW BUSINESS

1.
PERMIT APPLICATION FOR THE USE OF THE PUBLIC RIGHT-OF-WAY TO IMPLEMENT WORK AREA TRAFFIC CONTROL AND PERFORM PRE-PILING SUBSURFACE INVESTIGATION AND GEOTECHNICAL MONITORING INSTRUMENTATION FOR THE LA CIENEGA STATION OF THE WESTSIDE SUBWAY EXTENSION PROJECT.

Comment: This report recommends that the City Council authorize staff to issue the necessary permits to Metro and its Contractors to perform pre-piling work including installation of work traffic control, potholing activities and installation of geotechnical monitoring instrumentation.




G.
COMMISSION SYNOPSIS

1.
PUBLIC WORKS COMMISSION - Regular Meeting of November 10, 2016 
ARCHITECTURAL COMMISSION - Regular Meeting of November 16, 2016
CULTURAL HERITAGE COMMISSION - Special Meeting of November 17, 2016
RECREATION AND PARKS COMMISSION - Regular Meeting of November 22, 2016
HEALTH AND SAFETY COMMISSION - Special Meeting of November 28, 2016
TRAFFIC AND PARKING COMMISSION - Regular Meeting of December 1, 2016
CHARITABLE SOLICITATIONS COMMISSION - Regular Meeting of December 14, 2016
DESIGN REVIEW COMMISSION - Special Meeting of December 5, 2016
PLANNING COMMISSION - Regular Meeting of December 8, 2016
HEALTH AND SAFETY COMMISSION - Special Meeting of December 13, 2016




H.
OTHER BUSINESS



I.
ADJOURNMENT

The next regular City Council meeting will be held on January 10, 2017.
 

This meeting will be broadcast live, gavel to gavel, on CITY OF BEVERLY HILLS Municipal Government access BHTVChannel10 on Spectrum Cable.
This program will be rebroadcast on Wednesday, December 21, 2016 at 8pm, and Friday, December 23, 2016 at 3pm.

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