city of beverly hills council chamber 455 north rexford

D—2

CITY OF BEVERLY HILLSCouncil Chamber

455 North Rexford DriveBeverly Hills, CA 90210

MINUTES

JOINT MEETING OF THE CITY COUNCIL AND PARKING AUTHORITY

November 7, 20177:00 pm.

The joint meeting of the City Council and Parking Authority was called to order by Mayor Bossein the Council Chamber at 7:00pm.

PLEDGE OF ALLEGIANCE led by Lionel Ephraim

A. ROLL CALLS

Present: Wunderlich, Friedman, Mirisch, Gold, and BosseAbsent: None

Mayor Bosse spoke about the Sutherland Springs, Texas Baptist Church shooting lastweek, and held a moment of silence in honor of the 26 people who died and 20 more whowere injured.

B. PRESENTATIONS

1. PROCLAMATION — Law Enforcement Records and Support Personnel Day

Mayor Bosse, along with the entire City Council, presented a proclamation to the PoliceDepartment records staff and declared November 8, 2017 as Law EnforcementRecords and Support Personnel Day.

2. 60-SECOND BUSINESS SHOUT-OUT — Francis Orr Stationery

This item was not taken.

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 Friedman announced that text messages on any City-related topic maybe sent to (310) 596-4265.

City Council/Parking Authority MinutesNovember 7, 2017 of 16

C. ORAL COMMUNICATIONS

1. TELEPHONE CALL-IN (310.285,1020) (Members of the public are invited to placetelephone calls to comment on issues that do not appear on the evening’s agenda. TheCity Council/Parking Authority will take up to three telephone calls permeeting. Comments on the evening’s agenda must be made in person as the itemcomes before the City Council/Parking Authority.)

None

2. AUDIENCE COMMENTS. Any person wishing to address the City Council/ParkingAuthority on any matter not on the agenda may do so at this time. However, the Stateopen meetings law (Government Code Section 54950 et seq.) prohibits the CityCouncil/Parking Authority from providing a detailed response or acting upon any itemnot contained on the agenda posted 72 hours before a regular meeting and 24 hoursbefore a special meeting. If you wish to address the City Council/Parking Authority atthis time, please complete a speaker’s card and give it to the City Clerk prior to thecommencement of the meeting. Please use the microphone provided, clearly statingyour 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. Sheila Simmons2. Chad Kroeger3. JT Parr4. Janis Barquist5. Lionel Ephraim, Le Faubourg St. Louis HOA6. Bonnie Ellen Kulick, 339 North Palm Drive HOA

3. REPORT FROM THE CITY MANAGER

None

4. CITY COUNCILMEMBER AND COMMITTEE REPORTS

Vice Mayor Gold reported that he represented the City at the ICMA Meeting two weeksago in San Antonio, Texas and presented the Next Generation project. He alsotravelled to New York last week with the Chamber of Commerce, Mayor Bosse and Citystaff for the annual Business Retention and Attraction Meeting.

Mayor Bosse reported on her experience at this year’s Business Retention andAttraction Meetings in New York.

D. PARKING AUTHORITY CONSENT CALENDAR

FISCAL IMPACT REPORT

MOVED by Director Friedman, seconded by Director Wunderlich, to approve Item D-1 onthe Parking Authority consent calendar


Minutes

1. CONSIDERATION OF THE MINUTES of the Parking Authority Meeting of September5, 2017.

ITEM D-I: APPROVED

Other Business

APPROVAL OF:

2. SETTLEMENT AGREEMENT AND RELEASE AND TERMINATION OFMEMORANDUM OF LEASE BETWEEN THE PARKING AUTHORITY ANDBOUCHON BEVERLY HILLS, L.R, FOR THE PROPERTYAT 235 N. CANON DRIVE.

Comment: This action approves the Settlement Agreement and Release and theTermination of Memorandum of Lease between the Parking Authority and BouchonBeverly Hills, L.P., dba Bouchon for the Parking Authority-owned space at 235 N.Canon Drive.

Director Mirisch expressed his disappointment regarding the termination agreement.

MOVED by Director Gold, seconded by Director Friedman, to approve Item D-2 asfollows:

SETTLEMENT AGREEMENT AND RELEASE AND TERMINATION OFMEMORANDUM OF LEASE BETWEEN THE PARKING AUTHORITYAND BOUCHON BEVERLY HILLS, L.P., FOR THE PROPERTY AT 235N. CANON DRIVE

Ayes: Director Wunderlich, Director Friedman, Director Gold, and Chair Bosse.Noes: Director Mirisch.

CARRI ED

ITEM D-2: APPROVED;SETTLEMENT AGREEMENT- AG# PA-17-72MEMORANDUM OF LEASE- AG# PA-I 7-73

Vote on the Parking Authority Consent Calendar:

Ayes: Director Wunderlich, Director Friedman, Director Mirisch, Director Gold, andChair Bosse.

Noes: None.

CARRIED


E. CITY COUNCIL CONSENT CALENDAR

FISCAL IMPACT REPORT

MOVED by Councilmember Mirisch, seconded by CouncilmemberWunderlich, to removeItem E-8 for discussion and separate vote, approve the remaining items onthe City Council consent calendar, and direct that the appropriate accountsbe charged on Items E-2 and E-3

Minutes

1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meetingof October 17, 2017.

ITEM E-1: APPROVED

Demands Paid

2. REVIEW OF BUDGETED DEMANDS PAID, report dated October 7 — October 27,2017.

ITEM E-2: APPROVED

3. PAYROLL DISBURSEMENT REPORT, report dated November 7, 2017.

ITEM E-3: APPROVED

Other Business

ORDINANCE OF THE CITY OF BEVERLY HILLS:

4. AMENDING THE BEVERLY HILLS MUNICIPAL CODE REGARDING LEGISLATIVEADVOCATES SERVING ON COMMISSIONS AND COMMITTEES. First Reading -

For Introduction.

Comment: The Ordinance provides for a 2 year cooling off period before a LegislativeAdvocate is appointed to a commission or committee. In addition, once appointed, acommissioner or committee member should not begin to function as a LegislativeAdvocate. This ordinance was introduced at the October 17 Council meeting but hassince been revised to clarify that the prohibition on Commissioners serving as aLegislative Advocate does not apply to any currently seated Commissioner who hasregistered with the City as a Legislative Advocate as of the effective date of theOrdinance. Therefore, the ordinance is being reintroduced.

ITEM E-4: INTRODUCED AND READ BY TITLE ONLY; ADVANCE TO THEMEETING OF NOVEMBER 21, 2017 FOR ADOPTION

5. REAUTHORIZING AND READOPTING THE CITY’S PUBLIC, EDUCATIONAL, ANDGOVERNMENTAL ACCESS SUPPORT FEE. First Reading - For Introduction.


Comment: The Public, Educational, and Governmental (“PEG’) Access Support Fee isset to expire on January 18, 2018. This is a 1% fee charged to the cable provider. TheCity needs to reauthorize and readopt the fee in order to ensure that the fee continuesuninterrupted.

ITEM E-5: INTRODUCED AND READ BY TITLE ONLY; ADVANCE TO THEMEETING OF NOVEMBER 21, 2017 FOR ADOPTION

RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:

6. ACCEPTING A DONATION FROM THE FRIENDS OF THE BEVERLY HILLS PUBLICLIBRARY FOR LIBRARY OPERATIONS IN THE AMOUNT OF $20,500 ANDAPPROPRIATING FUNDS THEREFOR.

Comment: This report asks the City Council to accept and appropriate funds donatedto the Library by the Friends of the Beverly Hills Public Library in support of the deliveryof materials to homebound seniors and pick up materials that are donated to theLibrary.

ITEM E-6: ADOPTED; RES# 17-R-13163

7. MODIFYING PREFERENTIAL PARKING PERMIT ZONE “CC” ON THE 100 BLOCKOF SOUTH CLARK DRIVE BETWEEN CHARLEVILLE BOULEVARD AND THEALLEY SOUTH OF WILSHIRE BOULEVARD.

Comment: Resident petition modifying the existing 1-hour weekday permit regulationto “No Parking, 8 am. to 6 p.m., Daily, Permit ‘CC’ Exempt”.

ITEM E-7: ADOPTED; RES# 17-R-73164

APPROVAL OF:

8. SALARY SCHEDULES.

Comment: Staff is requesting approval of Citywide salary schedules reflective of salaryincreases authorized in Memoranda of Understanding and all position additions andchanges since the most recently approved salary schedules.

Councilmember Mirisch expressed his opposition to the item consistent with hisprevious stance on City’s salaries and pension reform.

MOVED by Councilmember Wunderlich, seconded by Vice Mayor Gold, to approveItem E-8 as follows:

SALARY SCHEDULES

Ayes: CouncilmemberWunderlich, Councilmember Friedman, Vice Mayor Gold,and Mayor Bosse.


Noes: Councilmember Mirisch.

CARRIED

ITEM E-8: APPROVED

9. AGREEMENT WITH EXPRESS ENVIRONMENTAL CORP, D.B.A. EXPRESS OILCO. FOR MAINTENANCE SERVICES RELATED TO REMOVAL OF OIL, WATER,SLUDGE, AND OTHER LIQUIDS FROM VARIOUS CITY FACILITIES, CLARIFIERS,AND CONTAINMENT PITS; AND

APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE AMOUNT OF$50,000; AND

AUTHORIZE THE CITY MANAGER TO APPROVE PURCHASE ORDERS FOR THETERM OF THE AGREEMENT.

Comment: Staff recommends City Council approve an agreement in the not-to-exceedamount of $175, 000 to Express Environmental Corp., d.b.a Express Oil Co. to providewaste oil and oil-by product removal, transportation and disposal services.

ITEM E-9: APPROVED; AG# 608-17

10. AMENDMENT NO. 2 TO AN AGREEMENT WITH LINDMARK ENGINEERING, INC.TO PROVIDE ENVIRONMENTAL SERVICES TO INCLUDE A HAZWOPER 40-HOUR TRAINED PROFESSIONAL, AIR AND WEATHER STATION MONITORINGSERVICES FOR TREE TRIMMING WORK AT PARCEL 13, AND;

APPROVAL OF A CHANGE ORDER IN THE AMOUNT OF $38,287 FOR A TOTALNOT-TO-EXCEED AMOUNT OF $84,365.

Comment: Staff recommends approval of Amendment No. 2 with LindmarkEngineering for additional environmental services to be provided under themaintenance program of Parcel 13.


11. AMENDMENT NO. 2 TO THE AGREEMENT WITH CHANDLER ASSETMANAGEMENT FOR INVESTMENT ADVISORY SERVICES.

Comment: Second Amendment to add consideration through the end of the currentfiscal year



Vote on the City Council Consent Calendar:

Ayes: Councilmember Wunderlich, Councilmember Friedman, CouncilmemberMirisch, Vice Mayor Gold, and Mayor Bosse.

Noes: None.

CARRIED

F. CITY COUNCIL PUBLIC HEARING

TO SET:

None

TO CONSIDER:

This being the time and place set, a public heating was held to consider:

1. AN APPEAL OF THE COMMUNITY DEVELOPMENT DEPARTMENT’SINTERPRETATION REGARDING THE MUNICIPAL CODE’S BASEMENTDEFINITION.

Comment: On July 13, 2017, the Community Development Department issued a writteninterpretation regarding the manner in which basements are classified in single-familyresidential zones for the purpose of calculating allowed floor area. A timely appeal ofthis interpretation was filed by Mr. Benjamin Reznik. The Council will consider theappeal and the CEQA exemption determination at this hearing.

The notice of the hearing was published as required by law and an affidavit to this effectis on file with the City Clerk.

The report of the Assistant Director of Community Development/City Planner and therecord of the Community Development Department on this matter are made a part ofthe record of this hearing. The Councilmembers indicated that they did not receiveadditional communication or information regarding the matter.

Assistant Director of Community Development/City Planner Ryan Gohlich presented aPowerPoint and oral report providing information regarding basement interpretation,future basement ordinance amendments considerations, content of the appeal petitionand correspondence received, and staff recommendation.

City Clerk Byron Pope administered the oath to the persons who intend to testify at thehearing.

Speaking:

1. Ben Reznik, representing applicant


2. Ronald Richards, representing 13 homeowners3. Debbie Weiss4. Anne Ostroff5. Allyson Wittner, Municipal League of Beverly Hills6. Julie Glucksman7. Peter Ostroff8. Franny Rennie

City Attorney Laurence Wiener, Mr. Gohlich, and Mr. Reznik responded to Councilquestions regarding the distinction between an interpretation and anamendment/change of language in the Municipal Code, other additions as part of futureinterpretations, average grade plane, uniqueness of the case, building the project asplanned, code requirements, common sense interpretation of the basement definition,and appealability of the decision.

Mr. Reznik presented his rebuttal statement.

There were no other members of the audience who wished to comment. Mayor Bosseclosed the public hearing.

Council agreed on the current basement definition as interpreted by the CommunityDevelopment Department. There were no further questions or comments fromCouncilmembers,

Council unanimously supported the staff recommendation.

MOVED by Vice Mayor Gold, seconded by Councilmember Friedman, to deny theappeal and uphold the Community Development Department’sinterpretation of the Municipal Code’s definition of basement in its entirety,and find that it can be seen with certainty that the interpretation has nopossibility of having a significant effect on the environment, and is notsubject to CEQA

Ayes: Councilmember Wunderlich, Councilmember Friedman, CouncilmemberMirisch, Vice Mayor Gold, and Mayor Bosse.

Noes: None.

CARRIED

ITEM F-I: DENIED THE APPEAL AND UPHELD THE COMMUNITYDEVELOPMENTDEPARTMENT’S INTERPRETATION OF THE MUNICIPAL CODE’S DEFINITION OFBASEMENT IN ITS ENTIRETY, AND FIND THAT IT CAN BE SEEN WITHCERTAINTY THAT THE INTERPRETATION HAS NO POSSIBILITY OF HAVING ASIGNIFICANT EFFECT ON THE ENVIRONMENT, AND IS NOT SUBJECT TO CEQA


This being the time and place set, a public heating was held to consider:

2. AN APPEAL OF THE PLANNING COMMISSION’S DECISION DENYING AHILLSIDE R-1 PERMIT AT 1260 LAGO VISTA DRIVE TO ALLOW MORE THAN1,500 CUBIC YARDS OF EARTH MATERIAL TO BE IMPORTED OR EXPORTEDFROM A SITE IN THE HILLSIDE AREA THAT IS IMMEDIATELY ADJACENT TO ASTREET THAT IS LESS THAN TWENTY FOUR FEET (24’) WIDE. THE COUNCILWILL ALSO CONSIDER ADOPTION OF A CATEGORICAL EXEMPTION,PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Comment: On May 11, 2017, the Planning Commission denied a Hillside R-1 Permitto allow more than 1,500 cubic yards of earth material to be imported or exportedfrom a site in the Hillside Area that is immediately adjacent to a street that is less thantwenty four feet (24’) wide. A timely appeal of the decision was filed by Mr. BenjaminReznik. The Council will consider the appeal and the CEQA exemption determinationat this hearing.

The notice of the hearing was published as required by law and an affidavit to thiseffect is on file with the City Clerk.

The report of the Assistant Director of Community Development/City Planner and therecord of the Community Development Department on this matter are made a part ofthe record of this hearing.

City Clerk Byron Pope administered the oath to the persons who intend to testify atthe hearing.

The Councilmembers disclosed additional communications that are not currently inthe record.

Assistant Director of Community Development/City Planner Ryan Gohlich presented aPowerPoint and oral report providing background information on the hillside R-1permit appeal. He reviewed the project details, historical background, appeal, andstaff recommendation.

Speaking:

1. Ben Reznik, representing applicant

Mayor Bosse asked Mr. Reznik whether he would like to proceed with the hearinggiven that the previous appeal on basement definition has been denied.Councilmember Friedman asked Mr. Reznik whether he wished to proceed with thehearing even though the City Council was unable to review the voluminousdocuments he provided the day (Monday) prior to the meeting. Mr. Reznik agreed toproceed with the hearing given the two circumstances.

2. Ronald Richards, representing 13 homeowners3. Debbie Weiss4. Anne Ostroff5. Larry Murphy


6. Julie Glucksman7. Gary Fogel8. Lori Greene Gordon, Planning Commission Chair

Mr. Gohlich and City Attorney Laurence Wiener responded to Council questions andcomments regarding project modification or redesign, applicant’s right to appeal thedenial of the permit for a project that cannot be built with current plans, differencebetween hauling vs export, estimated number of days to haul 1500 yards of dirt, truckloading time and trips, substantial adverse impacts, CEQA exemption, percentage ofgrading proposed for the project, and additional protection from grading in hillsideareas.

Mr. Wiener read a note from Gary Fogel regarding the adverse effect of the diesel-fueled trucks to air quality in the neighborhood.

Mr. Reznik presented his rebuttal statement.

There were no other members of the audience who wished to comment. Mayor Bosseclosed the public hearing.

Councilmember Wunderlich recommended not making a decision on the mattertonight. Councilmember Friedman agreed that the issue is not right at this time.Councilmember Mirisch recommended denying the categorical exemption. ViceMayor Gold indicated that he cannot make the findings. Mayor Bosse agreed with hercolleagues and expressed her disappointment in spending time discussing a nonexistent project. The City Council unanimously voted to deny the appeal.

There were no further questions or comments from Councilmembers.

MOVED by Councilmember Friedman, seconded by Vice Mayor Gold, to deny thesubject appeal as moot since the proposed project and associatedgrading work cannot be constructed in accordance with Municipal Coderequirements related to basements, and direct the City Attorney toprepare a written resolution for consideration by the City Council at afuture meeting

Ayes: Councilmember Wunderlich, Councilmember Friedman, CouncilmemberMirisch, Gold, and Bosse.

Noes: None.

CARRIED

ITEM F-2: DENIED THE SUBJECT APPEAL AS MOOT SINCE THE PROPOSEDPROJECTAND ASSOCIATED GRADING WORK CANNOT BE CONSTRUCTED INACCORDANCE WITH MUNICIPAL CODE REQUIREMENTS RELATED TOBASEMENTS, AND DIRECTED THE CITY ATTORNEY TO PREPARE A WRITTENRESOLUTION FOR CONSIDERATION BY THE CITY COUNCIL AT A FUTUREMEETING


This being the time and place set, a public hearing was held to consider:

3. AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO MODIFY RATES ANDCHARGES FOR WATER SERVICES AND FACILITIES FURNISHED BY THE CITY.First Reading — For Introduction.

Comment: This is a public hearing regarding the City’s proposed modification to waterrates beginning January 1, 2018. With the proposed new rates, the bi-monthly bill forthe average single-family residential customer would increase by between $5.50 and$6.50 each year, from January 1, 2018 to January 1, 2022. The bi-monthly bill for theaverage multi-family residential customer would increase by between $6.70 and $7.60each year, from January 1, 2018, to January 1, 2022. The bi-monthly bill for theaverage commercial customer would increase by between $5.00 and $5.75 eachyear, from January 1, 2018 to January 1, 2022. Government Code Section 53736allows an agency that provides water, wastewater or sewer service to adopt aschedule of fees or charges authorizing automatic adjustments that pass throughincreases in wholesale charges for water, sewage treatment or wastewater treatment.Staff recommends that City Council authorize a pass-through charge that would allowincreases in wholesale water charges for purchasing water from MWD to be passedthrough directly to customers if they are higher than the adopted budgeted costs.

City Clerk Byron Pope announced that the City received a total of 53 protest letters asof 5:00pm today: five from Beverly Hills residents and 48 from West Hollywoodresidents.

Mayor Bosse polled the Council on its interest to continue the item to the nextmeeting but allowing the public to speak tonight. She proposed putting the item asthe first item on the agenda at the next meeting.

Speaking:

1. Lauren Meister, City of West Hollywood2. Patrick Shandrick3. Rick Cohen, Doheny Plaza Homeowners Association4. Mayor Bosse read letter into the record from Bonnie Ellen Kulick, 339 North Palm

Drive HOA

Director of Public Works Shana Epstein and City Attorney Laurence Wienerresponded to Councilmember Wunderlich’s question regarding the time requirementbetween Council reaching its decision and when the water rates can be implemented.Councilmember Wunderlich explained that if the rate increase is in effect for a lesserperiod of time, the City will miss additional revenue and constituents will have to pay alittle bit higher rates to make up for the revenue requirement. Mr. Wiener suggestedconsidering the West Hollywood rates in 60 days and the Beverly Hills rates in 30days.

Council majority voted to discuss the ordinance in 30 days, and continue this item tothe meeting of December 5, 2017.


MOVED by Councilmember Wunderlich, seconded by Vice Mayor Gold, to continuediscussion of Ordinance F-3, in 30 days to the meeting of December 5,2017, as follows:

AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO MODIFYRATES AND CHARGES FOR WATER SERVICES AND FACILITIESFURNISHED BY THE CITY

Ayes: Councilmember Wunderlich, Councilmember Friedman, and Vice MayorGold.

Noes: Councilmember Mirisch, and Mayor Bosse.

CARRIED

ITEM F-3: CONTINUE DISCUSSION OF THE ORDINANCE IN 30 DAYS TO THEMEETING OF DECEMBER 5, 2017

G. CITY COUNCIL CONTINUED AND NEW BUSINESS

1. AN ORDINANCE OF THE CITY OF BEVERLY HILLS REGARDING THE VALIDITYAND EXPIRATION OF CERTAIN BUILDING PERMIT APPLICATIONS. First Reading— For Introduction.

Comment: This proposed ordinance will require that certain building permitapplications filed before January 1, 2017 would be required to obtain their buildingpermit prior to March 7,2018.

Director of Community Development Susan Healy Keene presented a PowerPoint andoral report discussing the building permit application process, permitting expirationtimelines in other jurisdictions, past practice related to application expiration, numberof building permit applications affected, notifications on building permit expirations, andexpiration date of applications.

Speaking:

1. Ronald Richards, representing 13 homeowners2. Ben Reznik3. Joshua Banafsheha

Assistant Director of Community Development/Building Official Raj Patel and CityAttorney Laurence Wiener responded to Council questions regarding a six-monthextension, Building Code changes, how other jurisdictions handle code changes, andflexibility in considering large projects.

Councilmember Mirisch suggested just letting the permits expire, and allowing peopleto re-apply and granting them a fee waiver.


Vice Mayor Gold suggested reconsidering the following three areas in the future:noticing people of the process after Building Code changes, review of large projectssuch as apartment buildings and restaurants, and dealing with issues of hardships.

Mayor Bosse recommended codifying enforcement of an expiration date.

Councilmember Friedman suggested a six-month instead of four-month extension andexplained the reason for his suggestion.

MOVED by Councilmember Friedman, seconded by Vice Mayor Gold, to waive fullreading, introduce and read by title only as amended, advance to themeeting of November 21, 2017 for adoption as amended, Ordinance G-1as follows:

AN ORDINANCE OF THE CITY OF BEVERLY HILLS REGARDING THEVALIDITY AND EXPIRATION OF CERTAIN BUILDING PERMITAPPLICATIONS

Ayes: Councilmember Wunderlich, Councilmember Friedman, Vice MayorGold, and Mayor Bosse.


CARRIED

ITEM G-1: WAIVED FULL READING OF ORDINANCE; INTRODUCED AND READBY TITLE ONLY AS AMENDED, ADVANCE TO THE MEETING OF NOVEMBER 21,2017 FOR ADOPTION AS AMENDED

2. ACCEPTING VEHICLE ACCESS EASEMENTS VACATING A STORM DRAINEASEMENT, AND FINDING ACTIONS EXEMPT FROM THE CALIFORNIAENVIRONMENTAL QUALITY ACT AS FOLLOWS:

A. RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS APPROVINGTWO AGREEMENTS CONTAINING IRREVOCABLE OFFERS OF DEDICATION OFEASEMENTS ALONG LOMA LINDA DRIVE ADJACENT TO 1184 LOMA LINDADRIVE AND 1193 LOMA LINDA DRIVE, BEVERLY HILLS, FOR PUBLIC STREETPURPOSES AND CONDITIONALLY AUTHORIZING THE CITY ENGINEER TOACCEPT DEDICATION OF THE EASEMENTS; AND,

B. RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS VACATINGA STORM DRAIN EASEMENT OVER A PORTION OF THE PROPERTY LOCATEDAT 1193 LOMA LINDA DRIVE AND AUTHORIZING THE EXECUTION OF AQUITCLAIM DEED TO LOMA LINDA HOLDINGS, LTD AS TRUSTEE OF THE LOMALINDA TRUST, FOR TERMINATION OF THE EASEMENT.

Comment: The owner of properties at 1184 and 1193 Loma Linda Drive offersdedication of easements for street widening and improvements to allow for improvedemergency vehicle turnaround at the terminus of Loma Linda Drive, and requests


vacation of an abandoned and unused storm drain easement located on the propertyat 1193 Loma Linda Drive. The City Council will also consider finding the easementdedications and vacation exempt from the California Environmental Quality Act.

City Engineer Mark Cuneo presented a PowerPoint and oral report reviewing theexisting conditions, the fire turnaround, street improvements, offer of dedication ofeasements, proposed vacation of the easement, Planning Commission review, andstaff recommendation. Assistant Director of Community Development/City PlannerRyan Gohlich discussed the environmental review issues. City Attorney LaurenceWiener clarified Mr. Gohlich’s statement regarding Class 2 exemptions.

Speaking:

1. Ronald Richards2. Larry Murphy3. Stephanie Savage4. Debbie Weiss5. Jamie Hall6. Steve Mayer7. Tom Staggs8. Lindsay Tabalan, Loma Linda Trust

Mr. Wiener, Fire Battalion Chief/Fire Marshall Scott Stephens, Fire Chief GregoryBarton, Mr. Gohlich and Mr. Cuneo responded to Council questions regarding stepsbefore the issuance of a building permit, easement and offer of dedication issues, firesafety, whether project is by right subject to plan check, CEQA exemptions, future uses,instance of actual fire and fire risk in the area, hammerhead vs cul-de-sac fire accessconsideration, feasibility of putting a cul-de-sac, proposed vacation of easement as abenefit, alternative option to property owners if project is not approved, reason for CityCouncil approval prior to project approval, and cumulative/significant impact.

Mr. Wiener noted that the agreements containing the dedication have been amendedto provide for the applicant to indemnify the City in the event of a challenge for anyreason, and recommended that the Council adopt the resolution with the language.

Council majority voted to adopt the resolution.

MOVED by Vice Mayor Gold, seconded by Councilmember Friedman, to adoptResolution G-2A, and accept the easements in substantially the formpresented, as follows:

RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLSAPPROVING TWO AGREEMENTS CONTAINING IRREVOCABLEOFFERS OF DEDICATION OF EASEMENTS ALONG LOMA LINDADRIVE ADJACENT TO 1184 LOMA LINDA DRIVE AND 1193 LOMALINDA DRIVE, BEVERLY HILLS, FOR PUBLIC STREET PURPOSESAND CONDITIONALLY AUTHORIZING THE CITY ENGINEER TOACCEPT DEDICATION OF THE EASEMENTS


Ayes: CouncilmemberWunderlich, Councilmember Friedman, Vice Mayor Gold,and Mayor Bosse.


CARRIED

ITEM G-2A: ADOPTED RESOLUTION AND ACCEPTED THE EASEMENTS INSUBSTANTIALLY THE FORM PRESENTED; RES# 17-R-13165

ITEM G-2B: NO ACTION TAKEN

H. COMMISSION SYNOPSIS

1. CHARITABLE SOLICITATIONS COMMISSION - Special Meeting of October 4, 2017CULTURAL HERITAGE COMMISSION - Special Meeting of October 10, 2017PLANNING COMMISSION - Regular Meeting of October 12, 2017ARCHITECTURAL COMMISSION - Regular Meeting of October 18, 2017HUMAN RELATIONS COMMISSION - Regular Meeting of October 19, 2017FINE ART COMMISSION - Regular Meeting of October 19, 2017HEALTH AND SAFETY COMMISSION - Regular Meeting of October 23, 2017RECREATION AND PARKS COMMISSION - Special Meeting of October 24, 2017RECREATION AND PARKS COMMISSION - Regular Meeting of October 24, 2017

ITEM H-I: NO ACTION TAKEN

OTHER BUSINESS

None

J. ADJOURNMENT

The next City Council meeting is scheduled for November 21, 2017.

There being no further business, Mayor/Chair Bosse, with the consent of the CityCouncil/Parking Authority, adjourned the meeting at 1:43am on Wednesday morning,November 8, 2017.


PASSED, Approved and Adoptedthis 5th day of December, 2017

BYE,CiISecreta ry

LlLl BOSSE, MAYOR

This meeting was broadcast on live television, on City of Beverly Hills municipalgovernment television access Channel BHTVIO Time Warner Cable.

city of beverly hills council chamber 455 north rexford

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