A detailed City Council packet is available for review in the Library and City Clerk's Office.
Pursuant to the Americans with Disabilities Act, the City of Beverly Hills will make reasonable efforts to accommodate persons with disabilities. If you require special assistance, please call (310) 285-2400 (voice) or (310) 285-6881 (TTY). Providing at least
forty-eight (48)
hours advance notice will help to ensure availability of services. City Hall, including the Council Chamber and Room 280A, is wheelchair accessible. The City Hall Council Chamber and Room 280A are also equipped with audio equipment for the hearing impaired.
CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills,
CA
90210
AGENDA
CITY COUNCIL FORMAL MEETING
December 6, 2022
6:59 PM*
PLEDGE OF ALLEGIANCE
A.
ROLL CALLS
B.
PRESENTATIONS
1. PRESENTATION – Fred C. Cunningham Award for Distinguished Service Award
2. 60 SECOND SHOUT OUT – LOVE LOVE Tennis
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. If you would like to receive updated text alerts from the Beverly Hills Police Department, please text “BHPDalert” to 888777. Text alerts will keep you informed of any Police activity within the City.
C.
ORAL COMMUNICATIONS
1. TELEPHONE CALL-IN: (310) 288-2288 Members of the public are invited to listen to the meeting telephonically or share oral communications on this phone line.
2. AUDIENCE COMMENTS. Any person wishing to address the City Council/Parking Authority on any matter on the agenda may do so through email or in-person. 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 email or provide an in-person speaker card to the City Clerk prior to or during the meeting. Please limit your email remarks to three (3) minutes in length (350 words) that can be read, so others may have the opportunity to participate as well.
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS
4. REPORT FROM THE CITY MANAGER
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS AND COMMENTS D.
PARKING AUTHORITY CONSENT CALENDAR
Any item may be removed from the Consent Calendar by a member of the City Council/Parking Authority or by a person in attendance, with the concurrence of the Parking Authority.
FISCAL IMPACT REPORT
FISCAL IMPACT REPORT
MOTION TO APPROVE CONSENT AGENDA:
“I move the adoption of the Consent Agenda, as follows” Minutes
None
Other Business
RESOLUTION OF THE BOARD OF THE PARKING AUTHORITY OF THE CITY OF BEVERLY HILLS:
1. CONTINUING TO AUTHORIZE PUBLIC MEETINGS TO BE HELD VIA TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953(e) AND MAKING FINDINGS AND DETERMINATIONS REGARDING THE SAME.
Comment: This resolution implements the necessary requirements to allow the Parking Authority to continue virtual meetings during the COVID-19 declared emergency.
Item D-1 Link
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.
FISCAL IMPACT REPORT
FISCAL IMPACT REPORT
MOTION TO APPROVE CONSENT AGENDA:
“I move the adoption of the Consent Agenda, as follows” Minutes
None
Demands Paid
1. REVIEW OF BUDGETED DEMANDS PAID, covering dates November 8, 2022 to November 28, 2022.
Item E-1 Link
2. PAYROLL DISBURSEMENT REPORT, covering dates November 8, 2022 to November 28, 2022.
Item E-2 Link
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
None
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
3. CONTINUING TO AUTHORIZE PUBLIC MEETINGS TO BE HELD VIA TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953(e) AND MAKING FINDINGS AND DETERMINATIONS REGARDING THE SAME.
Comment: This resolution implements the necessary requirements to allow the City Council to continue virtual meetings during the COVID-19 declared emergency.
Item E-3 Link
4. FOR ACCEPTANCE OF A GRANT UNDER THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS FEDERAL BULLETPROOF VEST PARTNERSHIP FOR FISCAL YEAR 2022 (BVP 22); AND
APPROPRIATION OF $8,147.11 FROM THE GENERAL FUND TO THE POLICE DEPARTMENT GRANT FUND TO PURCHASE BALLISTIC VESTS Comment: Staff recommends the City Council adopt a resolution authorizing the acceptance of grant funding under the Federal Bulletproof Vest Partnership (BVP 22) and appropriate grant funds of $8,147.11 from the General Fund to the Police Department Grant Fund for the purchase of ballistic vests.
Item E-4 Link
5. ACCEPTING A GRANT AWARDED BY THE STATE OFFICE OF TRAFFIC SAFETY FOR TRAFFIC ENFORCEMENT AND APPROPRIATING FUNDS IN THE AMOUNT OF $70,000 FOR POLICE OVERTIME, TRAVEL, AND SUPPLIES; AND
APPROPRIATING FUNDS IN THE AMOUNT OF $70,000 FOR POLICE OVERTIME, TRAINING/TRAVEL, AND SUPPLIES.
Comment: Staff recommends that the City Council authorize the acceptance of grant funding from the California Office of Traffic Safety (OTS) and authorize the Chief of Police to execute and submit all documents needed for the administration of the Selective Traffic Enforcement Program (STEP) grant, including applications, payment requests, and agreements for Police Department sobriety enforcement operations, other OTS traffic operations, training/travel, and appropriate funds from the General Fund to the Police Department Grant Fund in the amount of $70,000.
Item E-5 Link
6. DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES CERTAIN WORK (WATER MAIN REPAIR) TO BE PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 22035 AND 22050, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Comment: Staff recommends that City Council move to approve the Resolution allowing emergency water main work on Coldwater Ca?on Drive to be performed without competitive bidding in order to repair a damaged water main on Coldwater Ca?on Drive and re-establish water service to 43 homes located in the northern portion of the City.
Item E-6 Link
7. ADOPTING THE MULTIPLE EMPLOYER OPEB/`PENSION 115 TRUST ADMINISTERED BY SHUSTER ADVISORY GROUP, LLC AND APPROVING INVESTMENT AUTHORITY UNDER THE INVESTMENT POLICY STATEMENT; AND
TERMINATION OF THE PUBLIC AGENCIES POSTEMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS); AND
AUTHORIZE THE CITY MANAGER AND DIRECTOR OF FINANCE TO EXECUTE ALL NECESSARY DOCUMENTS.
Comment: This report brings forward the resolution to approve the adoption of the Other Postemployment Benefits (OPEB) trust administered by Shuster Advisory Group, which will result in cost savings for the City and increased investment flexibility, and approve the termination of the Public Agencies Postemployment Benefits Section 115 Trust and administration agreement.
Item E-7 Link
APPROVAL OF:
8. THE WITHDRAWAL OF THE LOWEST BIDDER DUE TO A CLERICAL ERROR UNDER PUBLIC CONTRACT CODE 5103; AND
AWARD OF A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, ENVIRONMENTAL CONSTRUCTION, INC., FOR THE ROBERTSON BOULEVARD SIDEWALK IMPROVEMENTS PROJECT, IN THE AMOUNT OF $7,050,294.00; AND
APPROVAL OF THE PLANS AND SPECIFICATIONS THEREFOR WITH RESPECT TO DESIGN CRITERIA; AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $7,755,323.40, (INCLUDING A 10% CONTINGENCY) TO ENVIRONMENTAL CONSTRUCTION, INC. FOR THE PROJECT; AND
MAKE A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Comment: Staff recommends City Council move to allow the withdrawal of the apparent lowest bidder due to clerical error under Public Contract Code 5103; approve the award of a contract of the base bid plus the add alternate item AA1 to the lowest responsible bidder, Environmental Construction, Inc. for the sidewalk improvements on Robertson Boulevard in the amount of $7,050,294.00; approve the plans and specifications for the project with respect to design criteria; approve a construction contingency of 10% in the amount of $705,029.40; approve the issuance of a purchase order to Environmental Construction, Inc. in the amount of $7,755,323.40 and pursuant to the provisions of the California Environmental Quality Act (CEQA), City Council will also consider finding the project exempt from further review under CEQA.
Item E-8 Link
9. HUMAN RELATIONS COMMISSION APPOINTMENT (PAM KRAUSHAAR).
Comment: It is recommended that the City Council appoint Ms. Pam Kraushaar to the Human Relations Commission for an initial two-year term, to fill the position of the late Chair Rhoda J. Sharp.
Item E-9 Link
10. METROPOLITAN WATER DISTRICT’S COLORADO RIVER MUNICIPAL CONSERVATION MEMORANDUM OF UNDERSTANDING.
Comment: Staff is recommending that City Council move to join Metropolitan Water District’s (MWD) Colorado River Municipal Conservation Memorandum of Understanding (MOU). The purpose of the MOU is to show basin-wide collaboration and demonstrate a commitment to reducing reliance on the Colorado River.
Item E-10 Link
11. THE RECOMMENDATION OF THE BEVERLY HILLS CITY COUNCIL LIAISON BRANDING AND LICENSING COMMITTEE REGARDING THE USE OF THE LIKENESS OF THE BEVERLY HILLS SHIELD BY GLOSSIER, INC.; AND
AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT, SUBJECT TO APPROVAL BY THE CITY ATTORNEY, FOR THE USE OF THE LIKENESS OF THE BEVERLY HILLS SHIELD BY GLOSSIER, INC.
Comment: The Beverly Hills City Council Liaison Branding and Licensing Committee, Councilmember Mirisch and Councilmember Friedman, recommends the City Council approve the use of the likeness of the Beverly Hills Shield by Glossier, Inc. (Glossier) and enter into an agreement for the use of the likeness of the Beverly Hills Shield by Glossier in its display on coffee shop supplies and staff aprons.
Item E-11 Link
12. THE RECOMMENDATION OF THE BEVERLY HILLS CITY COUNCIL LIAISON BRANDING AND LICENSING COMMITTEE REGARDING THE USE OF THE BEVERLY HILLS SHIELD BY SKECHERS USA, INC.; AND
AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT, SUBJECT TO APPROVAL BY THE CITY ATTORNEY, FOR THE USE OF THE BEVERLY HILLS SHIELD BY SKECHERS USA, INC.
Comment: The Beverly Hills City Council Liaison Branding and Licensing Committee, Councilmember Mirisch and Councilmember Friedman, recommends the City Council approve the use of the Beverly Hills Shield by Skechers USA, Inc. (Skechers) and enter into an agreement for the use of the Beverly Hills Shield by Skechers for apparel merchandise.
Item E-12 Link
13. A. CHANGE PURCHASE ORDER TO LOS ANGELES ENGINEERING, INC. FOR THE BURTON WAY MEDIAN GREEN STREET AND WATER EFFICIENT LANDSCAPE PROJECT IN THE AMOUNT OF $800,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $11,992,500
B. AMENDMENT NO. 1 TO AN AGREEMENT WITH ARDURRA GROUP, INC. TO PROVIDE AS-NEEDED CONSTRUCTION SUPPORT SERVICES FOR THE BURTON WAY MEDIAN PROJECT; AND
APPROVAL OF A CHANGE PURCHASE ORDER IN THE AMOUNT OF $137,385 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $237,355 TO ARDURRA GROUP, INC. FOR THE CORRESPONDING AGREEMENT.
Comment: Staff recommends City Council move to approve: 1) A change purchase order to Los Angeles Engineering, Inc. (LAE) for the Burton Way Median Green Street and Water Efficient Landscape project in the amount of $800,000 for a total not to exceed $11,992,500; 2) Amendment No. 1 to the agreement with Ardurra Group, Inc. for construction support services related to the Burton Way Median Green Street project, and 3) A change purchase order to Ardurra Group, Inc, in the amount of $137,385 for a total not to exceed $237,355.
Item E-13 Link
14. REQUEST TO PARTIALLY WAIVE YOUTH SPORTS ORGANIZATION FIELD AND FACILITY USE FEES FOR AMERICAN YOUTH SOCCER ORGANIZATION (AYSO), BEVERLY HILLS LITTLE LEAGUE (BHLL), AND BEVERLY HILLS BASKETBALL LEAGUE (BHBL) FOR FISCAL YEAR 2021-22 DUE TO THE ONGOING IMPACT OF THE COVID-19 PANDEMIC.
Comment: Staff recommends the City Council partially waive fees for City and/or School District field and facility usage during the fiscal year of July 1, 2021 through June 30, 2022 for American Youth Soccer Organization (AYSO), Beverly Hills Little League (BHLL), and Beverly Hills Basketball League (BHBL). League presidents and staff recommend reducing the fee the leagues pay for fiscal year 2021-22 by the percentage their participation rates declined, thereby waiving $15,161 in field and facility use fees.
Item E-14 Link
F.
CITY COUNCIL PUBLIC HEARING
TO SET:
None
TO CONSIDER:
1. AN APPEAL OF THE PLANNING COMMISSION’S MAY 26, 2022 DECISION AMENDING A DEVELOPMENT PLAN REVIEW REGULATING ROOFTOP USES AT 9800 WILSHIRE BOULEVARD AND 121 SPALDING DRIVE (SPRING PLACE).
Comment: This is a de novo hearing regarding Spring Place, a co-working office and private membership club that was previously reviewed for their compliance with existing conditions of approval by the Planning Commission. This review was conducted due to complaints regarding the adverse impacts that had resulted from Spring Place's operations, and the Planning Commission adopted a resolution with new and/or revised conditions of approval designed to mitigate their operations pursuant to the provisions of the California Environmental Quality Act (CEQA). The City Council will also consider finding the project categorically exempt under CEQA.
Item F-1 Link
G.
CITY COUNCIL CONTINUED AND NEW BUSINESS
None
H.
COMMISSION SYNOPSIS
1. DESIGN REVIEW COMMISSION - Regular Meeting of October 06, 2022 HUMAN RELATIONS COMMISSION - Regular Meeting of October 20, 2022 RECREATION AND PARKS COMMISSION - Regular Meeting of October 25, 2022 DESIGN REVIEW COMMISSION - Regular Meeting of November 3, 2022 TRAFFIC AND PARKING COMMISSION - Special Meeting of November 3, 2022 Item H-1 Link
I.
OTHER BUSINESS
J.
ADJOURNMENT
*Time is approximate – Live City Council meeting coverage will be available via BHTV Channel 10 on Spectrum Cable and webcast live at www.beverlyhills.org/live.
To access the City Council and City Commission video archives, along with local programs and schedules, visit www.beverlyhills.org/bhtv.
The next regular City Council meeting is scheduled for Tuesday, December 13, 2022.
City Council/Parking Authority Meeting Agenda
December 6, 2022
*Time is approximate - Live City Council meeting coverage will be available via BHTV Channel 10 on Spectrum Cable and webcast live at www.beverlyhills.org/live
.
To access the City Council and City Commission video archives, along with local programs and schedules, visit www.beverlyhills.org/bhtv
.