AGENDA REPORT
Meeting Date: May 24, 2022
Item Number:
To: Honorable Mayor & City Council
From: Masa Alkire, Project Manager
Josephina Lee, Management Analyst
Subject: AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE CITY OF
BEVERLY HILLS AND EYESTONE-JONES ENVIRONMENTAL LLC
DBA EYESTONE ENVIRONMENTAL FOR THE PREPARATION OF
ENVIRONMENTAL DOCUMENTATION AND RELATED
CONSULTING SERVICES FOR THE PROPOSED CHEVAL BLANC
HOTEL PROJECT AT 468 NORTH RODEO DRIVE, AND
APPROVAL OF A CHANGE PURCHASE ORDER IN THE NOT-TOEXCEED AMOUNT OF $115,026.51 FOR THE SERVICES.
Attachments: 1. Amendment No. 3
RECOMMENDATION
Staff recommends that the City Council approve Amendment No. 3 and a change purchase order to Eyestone-Jones Environmental LLC dba Eyestone Environmental (Eyestone) in the not-to-exceed amount of $115,026.51 for additional consulting services to prepare environmental documentation for the proposed Cheval Blanc Beverly Hills Specific Plan Project. The full cost of the environmental documentation will be borne by the project applicant including the costs for Amendment No. 3.
INTRODUCTION
The City is currently processing an application from entities owned by Louis Vuitton Moet Hennessy for the Cheval Blanc Beverly Hills Specific Plan Project. The Project involves the construction of a new building containing approximately 220,950 square feet of floor area. The Project site is approximately 1.28 acres in size and is located in the northern portion of the Beverly Hills Business Triangle The new Cheval Blanc Beverly Hills Hotel is proposed to contain 115 guest rooms and appurtenant uses, including: outdoor pool deck and balcony areas, a private club, restaurants, bars and lounges, lobbies and other common areas, a screening room, a E-9
Meeting Date: May 24, 2022
restaurants, bars and lounges, lobbies and other common areas, a screening room, a fitness center, and a spa. Approximately 132 parking spaces are proposed in three levels of subterranean parking, as well as 33 in-lieu parking spaces for retail uses. The building is also proposed to include 3 street level retail spaces accessible from North Rodeo Drive. The proposed Project Floor Area Ratio (FAR) is approximately
4.2:1 and the height of the proposed building ranges from approximately 51 feet along North Rodeo Drive to up to approximately 115 feet on North Beverly Drive.
The requested discretionary entitlements for the proposed Project include: a General Plan Amendment, Zoning Map and Zone Text Amendments, a Master Plan of Streets Amendment, a Specific Plan, a Vesting Tentative Parcel Map, Encroachment Permits, and a Development Agreement.
DISCUSSION
Eyestone Environmental, LLC, is an environmental consulting firm based in the Los Angeles region that has prepared environmental documents for urban projects throughout the Los Angeles metropolitan area. The firm is led by Stephanie EyestoneJones, an environmental consultant with approximately 25 years of experience in the preparation of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents. The firm’s recent work includes preparation of Environmental Impact Reports (EIRs) in the City of Los Angeles for the USC Development Plan, Westfield Century City, the Century Plaza Hotel, Paramount Pictures, Angel’s Landing and The Getty Museum as well as preparation of EIRs for the Arts Club project in West Hollywood and the ArtCenter College of Design in Pasadena.
The scope of work, attached to the original contract, identifies that Eyestone Environmental, LLC will complete the CEQA required environmental review process for the Project with the City of Beverly Hills acting as the Lead Agency. Defined tasks include data collection, preparation of draft documents containing analysis of potential environmental impacts and potential environmental mitigation measures, response to City revisions and public comment, preparation and distribution of a Final EIR document, and attendance and support at City meetings and hearings.
The City Council has approved an agreement with Eyestone for the preparation of environmental documentation associated with the proposed Cheval Blanc Beverly Hills Specific Plan project. This is an amendment to that agreement, which provides for an additional scope of work that is needed in order to complete the environmental review and provide technical information during public hearings. It should be noted that the original agreement has already been amended administratively twice. Amendment No. 1 was executed to include COVID-19 infectious disease language and vaccination requirements. Amendment No. 2 included additional scope of work to prepare responses to comments received related to transportation, air quality, and greenhouse gas emissions that have required further analyses and revision to the analyses completed in the Draft EIR.
The project is currently undergoing review by the Planning Commission. Public hearings have been scheduled for Thursday, May 26, 2022, and Monday, June 13, 2022, for the Planning Commission to consider the application and ultimately make a recommendation to the City Council, which will make the final decision on the project.
Meeting Date: May 24, 2022
FISCAL IMPACT
All costs associated with the original contract and all subsequent am endments including Amendment No. 3 are borne by the Project Applicant. The cost for this Amendment No. 3 is $115,026.51. The Applicant has deposited the full amount of the contract amendment and has also deposited the City’s required 15% environmental contract administration fee of $17,253.98.
Ryan Gohlich, AICP,
Director of Community Development
Approved By
ATTACHMENT 1
-1-
B0785-0001\2661286v4.doc
AMENDMENT NO. 3 TO AN AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND EYESTONE-JONES
ENVIRONMENTAL LLC DBA EYESTONE ENVIRONMENTAL
FOR THE PREPARATION OF ENVIRONMENTAL
DOCUMENTATION AND RELATED CONSULTING SERVICES
FOR THE PROPOSED CHEVAL BLANC HOTEL PROJECT AT
468 NORTH RODEO DRIVE
NAME OF CONSULTANT: Eyestone-Jones Environmental LLC DBA Eyestone Environmental
RESPONSIBLE PRINCIPAL OF CONSULTANT: Stephanie Eyestone Jones, President CONSULTANT’S ADDRESS: 2121 Rosecrans Avenue, Suite 3355 El Segundo, CA 90245
Attention: Stephanie Eyestone Jones,
President
CONSULTANT’S E.I.N./TAX I.D. NO.: 26-3906158
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Ryan Gohlich, AICP
Director of Community Development
COMMENCEMENT DATE: July 14, 2020
TERMINATION DATE: July 14, 2021 (original termination date) June 30, 2022 (as extended pursuant to
Section 2 by letter dated July 6, 2021)
June 30, 2023 (as extended by this
Amendment No. 2)
CONSIDERATION: Original Agreement: Not to exceed
$348,405
Amendment No. 1: No additional
consideration
Amendment No. 2: Additional not to exceed
$99,950 (which includes a contingency of
$21,630)
Amendment No. 3: Additional not to exceed
$115,026.51
Total Not to Exceed: $563,381.51
DocuSign Envelope ID: 1625DC2B-1836-47C3-8860-5B777138A4B0 -2-
B0785-0001\2661286v4.doc
AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE CITY
OF BEVERLY HILLS AND EYESTONE-JONES
ENVIRONMENTAL LLC DBA EYESTONE ENVIRONMENTAL
FOR THE PREPARATION OF ENVIRONMENTAL
DOCUMENTATION AND RELATED CONSULTING SERVICES
FOR THE PROPOSED CHEVAL BLANC HOTEL PROJECT AT
468 NORTH RODEO DRIVE
This Amendment No. 3 is to the certain Agreement between the City of Beverly Hills (hereinafter called “CITY”), and Eyestone-Jones Environmental LLC DBA Eyestone Environmental (hereinafter called “CONSULTANT”).dated July 14, 2020 and identified as Contract No. 359-20, as amended by Amendment No. 1 dated December 20, 2021 and identified as Contract No. 531-21, as amended by Amendment No. 2 dated April 18, 2022 and identified as Contract No. 250-22 (“Agreement”).
RECITALS
A. CITY and CONSULTANT entered into an Agreement for the preparation of environmental documentation and related consulting services for the proposed Cheval Blanc Hotel Project at 468 North Rodeo Drive which was previously amended.
B. CITY and CONSULTANT desire to further amend the Agreement to increase the consideration in order to complete additional services.
NOW, THEREFORE, the parties agree as follows:
Section 1. The CONSIDERATION is hereby increased as set forth on the cover page.
Section 3. Exhibti A, “SCOPE OF WORK” is hereby amended to include Attachment 3 to Exhibit A the “ADDITIONAL SCOPE OF WORK” attached hereto and incorporated herein.
Section 4. Exhibit B, “SCHEDULE OF PAYMENT AND RATES” is hereby amended and restated as attached hereto and incorporated herein.
Section 5. Except as specifically amended by Amendment Nos.1 and 2 and this Amendment No. 3, the remaining provisions of the Agreement shall remain in full force and effect. [Signatures follow]
DocuSign Envelope ID: 1625DC2B-1836-47C3-8860-5B777138A4B0 -3-
B0785-0001\2661286v4.doc
EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
____________________________
LILI BOSSE
Mayor of the City of Beverly Hills
ATTEST:
______________________(SEAL)
HUMA AHMED
City Clerk
CONSULTANT: EYESTONE-JONES
ENVIRONMENTAL LLC DBA EYESTONE
ENVIRONMENTAL
STEPHANIE EYESTONE JONES
President
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_______________________ ____________________________
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
____________________________
RYAN GOHLICH, AICP
Director of Community Development
____________________________
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 1625DC2B-1836-47C3-8860-5B777138A4B0 -4-
B0785-0001\2661286v4.doc
ATTACHMENT 3 TO EXHIBIT A
AMENDMENT NO. 3 - ADDITIONAL SCOPE OF WORK
Task 1
CONSULTANT will address various revisions received for Phase IV and prepare and distribute Draft EIR.
Task 2
CONSULTANT will prepare two supplemental documents to the Final EIR, including preparation of responses to additional comment letters received after circulation of the Final EIR and preparation of an evaluation of the proposed modifications to the Project.
Task 3
CONSULTANT will participate in two additional public hearings including participation by Acoustical Engineering Services (AES).
Task 4
CONSULTANT will complete the additional analysis required to respond to comments on the draft Environmental Impact Report.
DocuSign Envelope ID: 1625DC2B-1836-47C3-8860-5B777138A4B0 -5-
B0785-0001\2661286v4.doc
EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
ORIGINAL AGREEMENT:
Table 1
Summary of Proposed Fees for EIR
Task Task Description Fees
CONSULTANT
Environmental
1 Data Collection/Preparation of Project Description $8,285 2 Preparation of Initial Study/Preparation of
NOP/Scoping Meeting
$17,955
City Revisions $3,925a
3 Preparation of Screencheck Draft EIR
Air Quality and GHG Analyses $19,040
Noise Analysis $18,480
Other EIR Sections $66,090
Subtotal Screencheck Draft EIR $103,610
4 City Revisions/Prepare and Distribute Draft EIR for
Public Review
$25,880a
5 Prepare Screencheck Final EIR
Prepare Response to Comments $15,060a
Prepare Remaining Final EIR Sections including
Revision to the Draft EIR
$8,100a
6 City Revisions/Prepare and Distribute Final EIR $15,080a 7 Meetings and Management/Coordination $18,400a
GRAND TOTAL CONSULTANT ENVIRONMENTAL
STAFF FEES
$216,295
Contingency $21,630
Estimated Direct Expenses $30,000b
Fehr & Peers
See Attachment 1 to Exhibit C for detailed Breakdown
of Fees
$75,480
Historic Resources Group – Peer Review of Historic Reports $5,000 a These values are estimates based on the staff hours provided herein; actual costs could be higher or lower. Should actual costs be lower, only actual costs will be billed. Should circumstances cause actual cost to exceed budgets for the line items, the contingency budget will be utilized with approval from the City.
b This value is an estimate and will generally be determined by the number of copies of the Draft and Final EIR that will be required as well as the extent of the mailing and distribution lists. This fee can be reduced substantially with the distribution of CDs in lieu of hard copies.
DocuSign Envelope ID: 1625DC2B-1836-47C3-8860-5B777138A4B0 -6-
B0785-0001\2661286v4.doc
AMENDMENT NO. 2:
Task Task Description Original Contract Fees Amendment Request I Prepare Responses to
Comments $15,060 $25,000
II City Revisions/Prepare and
Distribute Final EIR $15,080 $30,000
III Transportation Study –
$75,480 $40,000
Contingency
$21,630 $4,950
Amendment Total $99,950
DocuSign Envelope ID: 1625DC2B-1836-47C3-8860-5B777138A4B0 -7-
B0785-0001\2661286v4.doc
AMENDMENT NO. 3:
Task Task Description Original Contract Fees Amendment Request I Address various revisions
received for Phase IV and
prepare and distribute Draft
EIR.
$25,880.00 $35,226.51
II
Prepare two supplemental
documents to the Final EIR.
$40,000.00
III Participate in two additional
public hearings including
participation by Acoustical
Engineering Services (AES).
$4,800.00
IV Transportation analysis.
$35,000.00
Amendment No. 3 Total $ 115,026.51
DocuSign Envelope ID: 1625DC2B-1836-47C3-8860-5B777138A4B0 -8-
B0785-0001\2661286v4.doc
TOTAL NOT TO EXCEED: $563,381.51
ATTACHMENT 1 TO EXHIBIT B
CONSULTANT ENVIRONMENTAL 2020 BILLING RATES
PROFESSIONAL TIME
President ...................................................................................................... $235.00 Director of Air Quality.................................................................................... $175.00 Principal Planner .......................................................................................... $165.00 Senior Planner.............................................................................................. $145.00 Planner......................................................................................................... $130.00 Associate Planner......................................................................................... $120.00 Assistant Planner.......................................................................................... $100.00 Intern/Research Assistant...............................................................................$65.00 Graphics/GIS Specialist..................................................................................$90.00 Publications Specialist....................................................................................$85.00
DIRECT EXPENSES
Direct expenses reasonably incurred in the performance of the Agreement will be billed at 100 percent of actual cost. Direct expenses will include, but will not be limited to, the following:
Printing costs.
Postage, delivery and communication costs.
Mileage based on the most recent rate set forth by the Internal Revenue Service.
BILLING TERMS
Upon providing CITY with thirty (30) days prior written notice, CONSULTANT may adjust its billing rates at the beginning of each subsequent calendar year that the Agreement remains in effect. However, the rates provided above will not increase by more than 5 percent each calendar year.
CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
DocuSign Envelope ID: 1625DC2B-1836-47C3-8860-5B777138A4B0 Certificate Of Completion
Envelope Id: 1625DC2B183647C388605B777138A4B0 Status: Sent Subject: Please DocuSign: CLEAN - Amendment No. 3 - Agreement_Eyestone Environmental - May 24th Council...
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.181
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Stephanie Eyestone Jones
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President
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Policy & Management Analyst
City of Beverly Hills
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