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)
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CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills,
CA
90210
AGENDA
CITY COUNCIL MEETING AND PARKING AUTHORITY MEETING
February 6, 2024
7:05 PM*
Please be advised that pre-entry metal detector screening requirements are now in place at City Hall. Members of the public are requested to plan visits accordingly.
Members of the public may participate in the meeting by attending in-person or telephonically, and may view the meeting through live webcast or BHTV Channel 10 on Spectrum Cable.
City Council/Parking Authority meetings are broadcast on local Beverly Hills television and on other media platforms. Anyone who participates at the meeting and/or enters the City Council Chamber is subject to having their image displayed. These recordings will remain publicly accessible in perpetuity.
Public Comment Participation:
- Oral Comment/Listen only: (310) 288-2288
- Email: [email protected]
- Video (during public comment only): http://beverlyhills.org/comment
- To Watch Video Live: http://beverlyhills.org/live or
On-Demand: http://beverlyhills.org/citycouncilmeetings
- In-Person: Submit a Speaker Card to the City Clerk at the meeting
How to Submit Public Comment (Email/Video):
It is recommended that public written comments be submitted to the City Clerk’s office by 12:00 p.m. on the meeting date. Public comments will also be taken during the meeting when the topic is being reviewed by the City Council/Parking Authority. Written comments should identify the Agenda Item Number or Topic in the subject line of the email. The City Clerk will read only the first three minutes (approximately 350 words) of a written comment. In the event of a large number of written comments on one item, written comments may be summarized by the City Clerk’s Office. The entire written comment shall be archived in full as part of the record.
If a comment is received after the agenda item is heard, it will not be a part of the record. Public comment via video conference will be no longer than three (3) minutes per each individual comment, subject to City Council discretion based on the anticipated length in the meeting. In-person speaker cards may be submitted to the City Clerk directly during the meeting.
The City Council/Parking Authority may act on any item listed on the agenda.
PLEDGE OF ALLEGIANCE
A.
ROLL CALLS
B.
PRESENTATIONS
1. 60 SECOND SHOUT OUT – Beverly Hills teuscher
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. 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 may do so in writing, 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. The City Clerk will read only the first three minutes (approximately 350 words) of a written comment. In the event of a large number of written comments on one item, written comments may be summarized by the City Clerk’s Office. The entire written comment shall be archived in full as part of the record. Public comment via video conference or in-person will be no longer than three (3) minutes per each individual comment, subject to City Council discretion based on the anticipated length in the meeting.
WRITTEN PUBLIC COMMENTS RECEIVED
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.
FISCAL IMPACT REPORT
MOTION TO APPROVE CONSENT AGENDA:
“I move the adoption of the Consent Agenda, as follows” Minutes
1. CONSIDERATION BY THE PARKING AUTHORITY OF THE MINUTES of the Meeting of June 6, 2023.
Item D-1
Other Business
None
E.
CITY COUNCIL CONSENT CALENDAR
Any item may be removed from the Consent Calendar by a member of the City Council or requested by a person in attendance, with the concurrence of the City Council.
FISCAL IMPACT REPORT
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 Special Study Session Meeting of June 6, 2023.
Item E-1
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of June 6, 2023.
Item E-2
3. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Special Budget Study Session Meeting of June 12, 2023.
Item E-3
Demands Paid
4. REVIEW OF BUDGETED DEMANDS PAID, covering dates January 17, 2024 to January 29, 2024.
Item E-4
5. PAYROLL DISBURSEMENT REPORT, covering dates January 17, 2024 to January 29, 2024.
Item E-5
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
6. AMENDING THE MIXED USE OVERLAY ZONE REGULATIONS APPLICABLE TO RESIDENTIAL CONVERSION OF EXISTING COMMERCIAL BUILDINGS TO MIXED USE BUILDINGS AND AN ADDENDUM TO AN ADOPTED NEGATIVE DECLARATION (ND) FOR THE MIXED USE OVERLAY ZONE AMENDMENTS. Second Reading - For Adoption.
Comment: This ordinance amends the Mixed Use Overlay Zone regulations in order to allow the residential density for converted buildings to be calculated based on the floor area of the existing building and the minimum required unit size of 500 square feet rather than the property size.
Item E-6 Agenda Report
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
None
APPROVAL OF:
7. RATIFICATION OF A LETTER OF SUPPORT SENT BY CITY MANAGER NANCY HUNT-COFFEY ON ASSEMBLY BILL 817 (PACHECO) OPEN MEETINGS: TELECONFERENCING: SUBSIDIARY BODY.
Comment: At the direction of the Mayor, the City Manager sent a letter of support on Assembly Bill 817 (Pacheco) Open Meetings: Teleconferencing: Subsidiary Body (“AB 817”) on January 24, 2024, as the Assembly was scheduled to vote on AB 817 on January 25, 2024. This bill would allow subsidiary, non-decision-making legislative bodies of a local agency, that do not have the ability to take final action, to participate in two-way virtual teleconferencing without meeting all the teleconferencing requirements of the Ralph M. Brown Act. Staff is requesting the City Council to ratify the letter sent by City Manager Nancy Hunt-Coffey at the direction of the Mayor.
Item E-7 Agenda Report
8. DENY REQUEST FROM METRO FOR A WAIVER OF THE PURPLE LINE - SECTION 2 MEMORANDUM OF AGREEMENT HOLIDAY MORATORIUM FOR NINE DESIGNATED HOLIDAYS BETWEEN FEBRUARY 2024 TO MID-NOVEMBER 2024.
Comment: Staff recommends that City Council (1) review the Los Angeles County Metropolitan Transportation Authority's request for a waiver of the holiday moratorium; and (2) deny the waiver request.
Item E-8 Agenda Report
9. VANITY FAIR POST ACADEMY AWARDS DINNER EVENT ON SUNDAY, MARCH 10, 2024, INCLUDING CLOSURE OF 400 BLOCK OF NORTH CRESCENT DRIVE.
Comment: Proposed 2024 Dates for Vanity Fair Post Academy Awards Event on Sunday, March 10, 2024, including closure of 400 Block of North Crescent Drive, as Part of Three-Year Agreement (2022-2024).
Item E-9 Agenda Report
10. LOS ANGELES MARATHON SPECIAL EVENT STREET CLOSURES ON SUNDAY, MARCH 17, 2024.
Comment: Proposed 2024 Date from Los Angeles Marathon Event Street Closures on Sunday, March 17, 2024 as Part of a Three - Year Agreement (2023-2025).
Item E-10 Agenda Report
11. RECOMMENDATION BY THE RODEO DRIVE /SPECIAL EVENTS /HOLIDAY PROGRAM LIAISONS TO CONSIDER THE PLACEMENT OF PERSIAN NEW YEAR (NOWRUZ) STREET POLE BANNERS IN BEVERLY HILLS FOR 2024.
Comment: A request that City Council approve the recommendation by Liaisons Vice Mayor Friedman and Councilmember Bosse for the design, locations and duration of street pole banners celebrating Persian New Year (Nowruz), taking place this year on March 19, 2024.
Item E-11 Agenda Report
12. RECOMMENDATION BY THE RODEO DRIVE /SPECIAL EVENTS /HOLIDAY PROGRAM LIAISONS FOR RODEO DRIVE COMMITTEE PARTNERSHIP WITH MR. BRAINWASH PUBLIC ART DISPLAY, “LIFE IS BEAUTIFUL”, FEBRUARY – JUNE 2024.
Comment: This report reviews a partnership between the RDC and Mr. Brainwash for a temporary art display on Rodeo Drive that includes sculptures and decals, “Life is Beautiful", and a waiver of approximately $2,743 in special event and public right of way installation permits.
Item E-12 Agenda Report
13. AGREEMENT WITH BRENTVIEW MEDICAL TO PROVIDE THE CITY WITH MEDICAL EMPLOYMENT AND OCCUPATIONAL HEALTH EXAMS.
Comment: Staff recommends City Council approve the agreement between the City of Beverly Hills and Brentview Medical to provide the City with medical employment and occupational health exams.
Item E-13 Agenda Report
14. LEASE TERMINATION AND SETTLEMENT/RELEASE AGREEMENT WITH GOOGLE, LLC AT 331 FOOTHILL ROAD; AND
A BROKER LEASING & COMMISSION AGREEMENT BY AND BETWEEN THE CITY OF BEVERLY HILLS AND CUSHMAN & WAKEFIELD OF CALIFORNIA, INC. FOR LEASING OF SUITE 400 AT 331 FOOTHILL ROAD.
Comment: Staff recommends City Council approve the Lease Termination and Settlement/Release Agreement with Google, LLC at 331 Foothill Road, and the Broker Leasing & Commission Agreement with Cushman & Wakefield of California, Inc. for leasing of Suite 400 at 331 Foothill Road. The termination agreement will terminate the lease with Google, LLC effective January 14, 2024. The broker agreement will engage broker services for marketing and leasing the space Google, LLC is to vacate.
Item E-14 Agenda Report
15. A. AGREEMENT WITH COVERED 6 LLC'DGP INTERNATIONAL FOR ARMED UNIFORMED SECURITY SERVICES; AND APPROVAL OF FISCAL YEAR 2023/2024 PURCHASE ORDER IN THE NOT-TO-EXCEED AMOUNT OF $2,321,719 FOR THESE SERVICES.
B. AGREEMENT WITH NASTEC INTERNATIONAL, INC. FOR ARMED UNIFORMED SECURITY SERVICES; AND APPROVAL OF FISCAL YEAR 2023-2024 PURCHASE ORDERS IN THE NOT-TO-EXCEED AMOUNT OF $124,000 FOR THESE SERVICES.
Comment: This item requests the City Council to approve a five-year agreement with Covered 6 LLC'DGP International for armed uniformed security services and issue a fiscal year 2023-2024 purchase order in the not-to-exceed amount of $2,321,719 for these services. Additionally, staff is requesting the City Council approve a five-year agreement with Nastec International, Inc. for armed uniformed security services and issue a fiscal year 2023-2024 purchase order in the not-to-exceed amount of $124,000.
Item E-15 Agenda Report
16. AUTHORIZATION FOR A ONE-TIME APPROPRIATION OF $200,000 FROM THE GENERAL FUND FOR AFTER-SCHOOL PROGRAM INSTRUCTION THROUGH THE COMMUNITY SERVICES DEPARTMENT.
Comment: Community Services is requesting a one-time appropriation of $200,000 from the general fund to continue offering afterschool program instruction to youth through the Community Services Department.
Item E-16 Agenda Report
17. AWARD OF A CONTRACT TO PALP, INC. DBA EXCEL PAVING COMPANY, FOR THE BURTON WAY RESURFACING PROJECT IN THE AMOUNT OF $1,964,520; AND
APPROVAL OF THE PLANS AND SPECIFICATIONS THEREFOR WITH RESPECT TO DESIGN CRITERIA; AND
APPROVAL OF A PURCHASE ORDER IN THE NOT-TO-EXCEED AMOUNT OF $2,161,020 TO PALP, INC. DBA EXCEL PAVING COMPANY FOR THE PROJECT WHICH INCLUDES A CONTINGENCY OF $196,500; AND
PURSUANT TO THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), CITY COUNCIL WILL ALSO CONSIDER FINDING THE PROJECT CATEGORICALLY EXEMPT FROM FURTHER REVIEW UNDER CEQA.
Comment: Staff recommends City Council approve the award of a contract to PALP, Inc. DBA Excel Paving Company for the Burton Way Resurfacing Project in the amount of $1,964,520; approve the plans and specifications therefor with respect to design criteria; approve a construction contingency of 10% in the amount of $196,500; approve the issuance of a purchase order to PALP, Inc. DBA Excel Paving Company in the not-to-exceed amount of $2,161,020 for the project; and find the project to be categorically exempt from further review under CEQA.
Item E-17 Agenda Report
18. AWARD OF A CONTRACT TO ENVIRONMENTAL CONSTRUCTION, INC., FOR CONSTRUCTION OF THE GREGORY WELL AND LE DOUX WELL IN THE AMOUNT OF $4,990,479.70; AND
APPROVAL OF THE PLANS AND SPECIFICATIONS THEREFOR WITH RESPECT TO DESIGN CRITERIA; AND
APPROVAL OF ISSUANCE OF A PURCHASE ORDER IN THE NOT-TO-EXCEED AMOUNT OF $5,489,527.67 TO ENVIRONMENTAL CONSTRUCTION, INC. WHICH INCLUDES A CONTINGENCY OF $499,047.97.
Comment: Staff recommends City Council approve the award of a contract Environmental Construction, Inc., for the drilling of two potable water wells at La Cienega Park, in the amount of $4,990,479.70; approve the plans and specifications for the project with respect to design criteria; approve a construction contingency of 10% in the amount of $499,047.97; and approve the issuance of a purchase order to Environmental Construction, Inc. in the amount of $5,489,527.67.
Item E-18 Agenda Report
19. AWARD OF A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, PAVEWEST, INC., FOR THE COPLEY PLACE RECONSTRUCTION PROJECT WITHIN THE CITY OF BEVERLY HILLS, CALIFORNIA, IN THE AMOUNT OF $1,241,317.00; AND
APPROVAL OF THE PLANS AND SPECIFICATIONS THEREFOR WITH RESPECT TO DESIGN CRITERIA; AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $1,365,448.70 TO PAVEWEST, INC. FOR THE PROJECT, WHICH INCLUDES A CONTINGENCY OF $124,131.70; 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.
Comment: Staff recommends that City Council: approve the award of a contract to the lowest responsible bidder, PaveWest, Inc., for the reconstruction of Copley Place and portions of Copley Drive within the City of Beverly Hills in the amount of $1,241,317.00; approve the plans and specifications for the project with respect to design criteria; approve a construction contingency of 10% in the amount of $124,131.70; approve the issuance of a purchase order to PaveWest, Inc. in the amount of $1,365,448.70 and, find the project to be categorically exempt from further review under CEQA.
Item E-19 Agenda Report
20. AWARD OF A CONTRACT TO CONCEPT CONSULTANT, INC., RODEO DRIVE BOLLARDS WITHIN THE CITY OF BEVERLY HILLS IN THE AMOUNT OF $808,888; AND APPROVAL OF THE PLANS AND SPECIFICATIONS WITH RESPECT TO DESIGN CRITERIA; AND APPROVAL OF A PURCHASE ORDER IN THE NOT-TO-EXCEED AMOUNT OF $889,776 TO CONCEPT CONSULTANT, INC., FOR THE PROJECT WHICH INCLUDES A CONTINGENCY OF $80,888; AND
PURSUANT TO THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), CITY COUNCIL WILL ALSO CONSIDER FINDING THE PROJECT CATEGORICALLY EXEMPT FROM FURTHER REVIEW UNDER CEQA Comment: Staff recommends that City Council: 1. Approve the award of a contract to the lowest responsible bidder, Concept Consultant, Inc. for Rodeo Drive Bollards in the amount of $808,888; 2. Approve a contingency in the amount of $80,888 (10%); 3. Approve a purchase order to Concept Consultant, Inc. in the amount of $889,776; and 4. Approve the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria; and 5. Find the project to be categorically exempt from further review under CEQA.
Item E-20 Agenda Report
21. ACCEPTANCE OF THE CONTRACT WORK FOR:
A. CONCRETE SLAB REPAIR AND APPLICATION OF A TRAFFIC COATING PROJECT AT 440 N. CAMDEN DRIVE PARKING STRUCTURE WITH ANGELUS WATERPROOFING & RESTORATION, INC. IN THE FINAL AMOUNT OF $130,574; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
B. 331 FOOTHILL ROAD OVERHANGS WATERPROOFING PROJECT WITH COURTNEY, INC., IN THE FINAL AMOUNT OF $241,586.55; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
C. POLICE FACILITY HIGH SPEED ROLL-UP DOORS REPLACEMENT PROJECT WITH COMMERCIAL DOOR COMPANY, INC., IN THE FINAL AMOUNT OF $289,763; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
Comment: Staff recommends City Council accept the described contract work and authorize the City Clerk to record the Notices of Completion.
Item E-21 Agenda Report
F.
CITY COUNCIL PUBLIC HEARING
TO SET:
1. HEARING DATE FOR AN APPEAL OF STAFF’S OCTOBER 13, 2023 INCOMPLETE DETERMINATION, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65943(c), PERTAINING TO THE REVIEW OF AN APPLICATION FOR A PROPOSED 19-STORY RESIDENTIAL AND COMMERCIAL MIXED USE BUILDING AT 125-129 SOUTH LINDEN DRIVE (PL2300146).
Comment: On November 13, 2023, Rand Paster Nelson, LLP, on behalf of 9300 Wilshire, LLC (the "Applicant") submitted a letter appealing Planning staff's October 13, 2023 Incomplete Letter pertaining to the review of a Development Plan Review application associated with the proposed construction of a new 19-story mixed use development at 125-129 South Linden Drive. The proposed project consists of the construction of a 200' tall building that would house a 73 room hotel and 165 new apartment dwelling units, 20% of which would be allocated for rental to lower income households. Staff recommends that the City Council set the appeal hearing for this item for the regular meeting of March 11, 2024.
Item F-1 Agenda Report
TO CONSIDER:
2. AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING TITLE 10, CHAPTER 3, ARTICLE 12 OF BEVERLY HILLS MUNICIPAL CODE TO ALLOW FOR THE EXPANSION OF EXISTING RESTAURANT USES AND THE ESTABLISHMENT OF NEW RESTAURANT USES WITH ROOFTOP OUTDOOR DINING FOR EXISTING LEGALLY NONCONFORMING HOTELS LOCATED IN THE R-4 MULTIPLE RESIDENTIAL ZONE; AND FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. First Reading - For Introduction Comment: The proposed Ordinance would amend Section 10-3-1207 of the Beverly Hills Municipal Code to allow for the expansion of bar and dining areas of an existing ground floor hotel restaurant and the establishment of new restaurant uses with outdoor dining and bar areas that are open to the public on the rooftop of existing legally nonconforming hotels located in the City's R-4, Multiple Residential Zone with established rooftop uses. The proposed Ordinance is related to a request for amendments to existing Conditional Use Permit, Development Plan Review, and Extended Hours Permit approvals to allow continued operation of existing restaurant and rooftop uses at the L'Ermitage Hotel, located at 9291 Burton Way, as well as to allow the expansion of the dining and bar area within the ground floor restaurant and establishment of a new rooftop restaurant with outdoor dining and bar area. The Planning Commission considered this ordinance at its meeting on December 14, 2023, at which time it recommended that the City Council adopt the amendments.
Item F-2 Agenda Report
G.
CITY COUNCIL CONTINUED AND NEW BUSINESS
1. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS
2. REPORT FROM THE CITY MANAGER
3. CITY COUNCILMEMBER AND COMMITTEE REPORTS AND COMMENTS H.
COMMISSION SYNOPSIS
1. PLANNING COMMISSION - Regular Meeting of December 14, 2023 TRAFFIC AND PARKING COMMISSION - Regular Meeting of January 4, 2024 DESIGN REVIEW COMMISSION - Regular Meeting of January 4, 2024 ARTS AND CULTURE COMMISSION - Regular Meeting of January 9, 2024 HUMAN RELATIONS COMMISSION - Regular Meeting of January 18, 2024 HEALTH AND SAFETY COMMISSION - Regular Meeting of January 21, 2024 RECREATION AND PARKS COMMISSION - Special Meeting of January 23, 2024 Item H-1
I.
OTHER BUSINESS
J.
ADJOURNMENT
The next City Council regular meeting is scheduled for February 20, 2024. *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
.