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 ADJOURNED REGULAR MEETING AND PARKING AUTHORITY MEETING March 18, 2024
7:02 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. RECOGNITION - A celebration of Nowruz (Persian New Year) that marks the first day of Spring
2. PROCLAMATION - The City of Beverly Hills recognizes National Government Finance Professionals Week
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 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 July 18, 2023.
Item D-1
Other Business
2. SEVENTEENTH AMENDMENT TO LEASE WITH LUCERNE HARDWARE CO. AT 315 NORTH CRESCENT DRIVE.
Comment: Staff recommends the Parking Authority Board of Directors approve the Seventeenth Amendment to Lease by and between The Parking Authority of the City of Beverly Hills and Lucerne Hardware Co. at 315 North Crescent Drive. The amendment extends the term of the lease to December 31, 2026.
Item D-2
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 Study Session Meeting of July 18, 2023.
Item E-1
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Regular Meeting of July 18, 2023.
Item E-2
Demands Paid
3. REVIEW OF BUDGETED DEMANDS PAID, covering dates March 5, 2024 to March 11, 2024.
Item E-3
4. PAYROLL DISBURSEMENT REPORT, covering dates March 5, 2024 to March 11, 2024.
Item E-4
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
5. AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO REGULATE POLYSTYRENE FOODWARE AND PLASTIC WASTE. Second Reading – For Adoption Comment: Prohibits the use and distribution of single-use plastic and polystyrene foodware.
Item E-5 Agenda Report
6. AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO APPLY DEWATERING PROVISIONS OF THE WATER SUPPLY ORDINANCE TO BUILDINGS IN THE ONE-FAMILY RESIDENTIAL ZONES THAT ARE NEWLY CONSTRUCTED OR PROPERTIES THAT ARE SUBSTANTIALLY REMODELED. Second Reading – For Adoption Comment: Removes the exemption for single-family residential properties from the Dewatering Ordinance and applies the requirements to use groundwater for beneficial use or alternatively pay a replenishment fee for new and substantially remodeled single-family residential projects.
Item E-6 Agenda Report
7. AMENDING CHAPTER 6 (SHARED MOBILITY DEVICES) OF TITLE 7 (TRAFFIC, PARKING, AND PUBLIC TRANSPORTATION) OF THE BEVERLY HILLS MUNICIPAL CODE TO EXTEND THE PROHIBITION ON SHARED MOBILITY DEVICES BEING PLACED IN ANY PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OPERATED IN ANY PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OR OFFERED FOR USE ANYWHERE IN THE CITY, AND TO REPEAL THE SUNSET DATE OF SUCH PROHIBITION. Second Reading – For Adoption Comment: Extends the prohibition of shared mobility devices beyond the April 18, 2024 sunset date by repealing the sunset date section.
Item E-7 Agenda Report
8. AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO REGULATE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS, AND FINDING THE ORDINANCE TO BE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Second Reading – For Adoption Comment: Amends various articles and sections of the Beverly Hills Municipal Code to update regulations pertaining to accessory dwelling units in compliance with state law and per the Planning Commission’s recommendation.
Item E-8 Agenda Report
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
9. ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE BEVERLY HILLS FIRE DEPARTMENT REGARDING COMPLIANCE WITH THE ANNUAL INSPECTION OF CERTAIN OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.
Comment: Staff recommends that the City Council adopt a resolution acknowledging that the Beverly Hills Fire Department has fulfilled the requirements of California Health & Safety Code, Sections 13146.2 and 13146.3 which mandates all fire departments that provide fire protection services to perform annual inspections in every building identified as a public or private school, hotel, motel, lodging house, apartment house, and certain identified residential care facilities for compliance with building standards, to the City Council.
Item E-9 Agenda Report
10. DESIGNATING AGENTS AUTHORIZED TO EXECUTE APPLICATIONS FOR AND ON BEHALF OF THE CITY OF BEVERLY HILLS FOR FINANCIAL ASSISTANCE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES (CAL OES) FOR RECOVERING COSTS ASSOCIATED WITH DECLARED EMERGENCIES.
Comment: This item serves as an administrative update as required by the Federal Emergency Management Agency for reimbursement-related projects.
Item E-10 Agenda Report
APPROVAL OF:
11. REPRESENTATION FOR THE CITY OF BEVERLY HILLS AT THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL CONFERENCE & GENERAL ASSEMBLY ON MAY 2-3, 2024.
Comment: This item is to designate Councilmember Mirisch as the City's voting delegate to the Southern California Association of Governments Regional Conference & General Assembly as well as designating Councilmember Nazarian as the alternate.
Item E-11 Agenda Report
12. APPROVAL OF THE SALARY SCHEDULE REFLECTING ALL CITY JOB CLASSIFICATIONS; AND APPROVAL OF A ONE-TIME GENERAL FUND APPROPRIATION OF $23,000; AND APPROVAL OF ONE-TIME APPROPRIATIONS FROM OTHER VARIOUS FUNDS TOTALING $32,800.
Comment: Staff recommends that the City Council approve the salary schedule reflecting all City job classifications and associated salaries in order to meet the California Public Employees' Retirement System requirements of Government Code Section 20636 (b)(1) and California Code of Regulations, Title 2, Section 570.5. Staff also recommends that the City Council approve a one-time General Fund appropriation of $23,000 and one-time appropriations from various other funds totaling $32,800 related to increased costs resulting from job classification studies. The ongoing increase to the budget will be included in the upcoming proposed budget for FY2024-25.
Item E-12 Agenda Report
13. AGREEMENT WITH WECK ANALYTICAL ENVIRONMENTAL SERVICES, INC. DBA WECK LABORATORIES, INC. FOR WATER SAMPLING AND ANALYSIS IN THE NOT-TO-EXCEED AMOUNT OF $537,000, AND, IF EXTENDED FOR TWO ADDITIONAL YEARS, NOT-TO-EXCEED A TOTAL OF $895,000 FOR FIVE YEARS.
Comment: Staff recommends that City Council approve the agreement between the City of Beverly Hills and Weck Analytical Environmental Services, Inc. dba Weck Laboratories, Inc. for water quality sampling and analysis.
Item E-13 Agenda Report
14. AMENDMENTS TO THE AGREEMENTS WITH DAPEER ROSENBLIT & LITVAK LLP; SWANSON, MARTIN & BELL, LLP; AND POLSINELLI LAW FIRM FOR SPECIAL COUNSEL SERVICES.
Comment: The City Council Liaison/Litigation Committee recommends that the City Council approve Amendment No. 4 to the agreements with Dapeer Rosenblit & Litvak LLP; Amendment No. 1 to the agreement with Swanson, Martin & Bell, LLP; and Amendment No. 1 to the agreement with Polsinelli Law Firm for special counsel services. The Amendments to these legal service agreements will provide cost of living adjustments to the rates charged by the attorneys.
Item E-14 Agenda Report
15. AMENDMENT NO. 3 TO THE AGREEMENT WITH TOWN & COUNTRY EVENT RENTALS, INC. (FORMERLY SIGNATURE PARTY RENTALS, LLC) FOR AS NEEDED SPECIAL EVENT SERVICES AND EQUIPMENT RENTALS; AND APPROVAL OF A FISCAL YEAR 2023/2024 PURCHASE ORDER FOR TOWN & COUNTRY EVENT RENTALS, INC. IN THE NOT TO EXCEED AMOUNT OF $250,000.
Comment: This Amendment No. 3 assigns the City's agreement with Signature Party Rentals, LLC to Town & Country Event Rentals Inc. who has acquired Signature Party Rentals. This amendment also extends the termination date for two additional fiscal years and increases the consideration in the not to exceed amount of $250,000 per additional fiscal year for a total not to exceed amount of $1,250,000.
Item E-15 Agenda Report
16. AMENDMENT NO. 3 TO THE AGREEMENT WITH RINCON CONSULTANTS, INC. FOR THE DEVELOPMENT OF THE BEVERLY HILLS CLIMATE ACTION AND ADAPTATION PLAN; AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL CHANGE PURCHASE ORDERS TO RINCON CONSULTANTS, INC. FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $759,960.
Comment: Staff recommends that City Council approve Amendment No. 3 to an Agreement with Rincon Consultants, Inc. to continue the development of a Climate Action and Adaptation Plan and authorize the City Manager or designee to approve all change orders to Rincon Consultants, Inc. for a total not-to-exceed amount of $759,960.
Item E-16 Agenda Report
17. AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH JP MORGAN CHASE BANK FOR MERCHANT CARD PROCESSING SERVICES.
Comment: Authorize the City Manager to negotiate and execute an agreement between the City of Beverly Hills and JP Morgan Chase Bank for merchant card processing services.
Item E-17 Agenda Report
18. APPROVAL TO AUTHORIZE THE CITY MANAGER TO EXECUTE ALL AGREEMENTS AND APPROVE PURCHASE ORDERS UP TO A NOT TO EXCEED AMOUNT OF $650,000.00 RELATED TO THE PURCHASE OF TRINITY BY JUDY CHICAGO; AND APPROVAL OF AN APPROPRIATION FROM THE FINE ART FUND OF $650,000.
Comment: The City Council Arts and Culture Liaisons and the Arts and Culture Commission recommend the purchase of the sculpture Trinity by American artist Judy Chicago to be placed on the corner of South Santa Monica and Crescent Drive at a cost of $650,000, including installation.
Item E-18 Agenda Report
19. A CHANGE PURCHASE ORDER FOR ROBERT HALF INTERNATIONAL, INC. IN THE AMOUNT OF $50,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $450,000 FOR FISCAL YEAR 2023/2024.
Comment: Staff recommends City Council approve a change purchase order in the amount of $50,000 for a total not-to-exceed amount of $450,000 for Fiscal Year 2023/2024 to provide temporary staffing on an as-needed basis.
Item E-19 Agenda Report
20. A CHANGE PURCHASE ORDER FOR COVERED 6 LLC'DGP IN THE AMOUNT OF $432,547 FOR A TOTAL NOT TO EXCEED AMOUNT OF $2,570,414 FOR FISCAL YEAR 2023-2024; AND APPROVAL OF A CHANGE PURCHASE ORDER FOR NASTEC INTERNATIONAL, INC. IN THE AMOUNT OF $275,182 FOR A TOTAL NOT TO EXCEED AMOUNT OF $1,657,123 FOR FISCAL YEAR 2023-2024.
Comment: Staff recommends the City Council approve a Fiscal Year 2023-2024 (FY 23-24) change purchase order for Covered 6 LLC'DGP in the amount of $432,547 for a total not to exceed amount of $2,570,414, and a FY 23-24 change purchase order for Nastec International, Inc. in the amount of $275,182 for a total not to exceed amount of $1,657,123.
Item E-20 Agenda Report
21. APPROVAL OF A FISCAL YEAR 2023-2024 CHANGE PURCHASE ORDER FOR RICHARDS, WATSON, & GERSHON IN THE AMOUNT OF $120,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $3,223,629.
Comment: This item requests the City Council approve a change purchase order for Richards, Watson, & Gershon in the amount of $120,000 for a total not to exceed amount of $3,623,629 for legal services.
Item E-21 Agenda Report
22. ACCEPTANCE OF THE CONTRACT WORK FOR PUBLIC WORKS FACILITY 1ST AND 2ND FLOOR REMODEL PROJECT – PHASE 1 WITH RAMCO GENERAL ENGINEERING CONTRACTORS, INC. (FORMERLY EMILIO RAMIREZ DBA RAMCO GENERAL ENGINEERING CONTRACTORS) IN THE FINAL AMOUNT OF $212,320; AND AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
Comment: Staff recommends City Council accept the described contract work with Ramco General Engineering Contractors, Inc. (formerly Emilio Ramirez DBA Ramco General Engineering Contractors) and authorize the City Clerk to record the Notice of Completion.
Item E-22 Agenda Report
F.
CITY COUNCIL PUBLIC HEARING
TO SET:
None
TO CONSIDER:
1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS ADOPTING AMENDMENTS TO THE 2021-2029 HOUSING ELEMENT, MAKING FINDINGS RELATED THERETO, AND ADOPTING AN ADDENDUM TO AN ADOPTED MITIGATED NEGATIVE DECLARATION.
Comment: The City Council will review an amended version of the 2021-2029 Housing Element that was adopted on February 21, 2023, which has been revised in response to comments provided by the State Housing and Community Development Department (HCD). The City Council will consider a resolution adopting an amended Housing Element of the General Plan. Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), the City Council will also consider the adoption of an Addendum to the adopted Mitigated Negative Declaration (MND).
Item F-1 Agenda Report (Part 1)
Item F-1 Agenda Report (Part 2)
G.
CITY COUNCIL CONTINUED AND NEW BUSINESS
1. AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING ARTICLE 8 OF CHAPTER 4 OF TITLE 4 OF THE BEVERLY HILLS MUNICIPAL CODE TO REGULATE THIRD-PARTY FOOD DELIVERY SERVICE CHARGES AND DISCLOSURES. First Reading – For Introduction Comment: This item requests the City Council to consider potential modifications to the Beverly Hills Municipal Code regulations related to third-party food delivery service.
Item G-1 Agenda Report
2. ADOPTION OF RECOMMENDATION BY THE CITY COUNCIL UNHOUSED SERVICES AD HOC COMMITTEE TO RECEIVE AND FILE THE UPDATE ON THE ENHANCED SERVICES TO THE UNHOUSED; AND REVIEW AND ADOPT THE HOMELESSNESS PLAN AS PRESENTED; AND AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT WITH STEP UP ON SECOND FOR EXTENDED OUTREACH HOURS; AND APPROVE A FISCAL YEAR 2023-2024 CHANGE PURCHASE ORDER FOR STEP UP ON SECOND IN AN AMOUNT OF $121,194.00 FOR A TOTAL NOT TO EXCEED AMOUNT OF $227,643.00; AND APPROVE A ONE-TIME GENERAL FUND APPROPRIATION OF $121,194.00; AND AUTHORIZE THE CITY MANAGER TO EXECUTE A THREE-YEAR AGREEMENT WITH SOCIAL SOLUTIONS GLOBAL, INC. COMMENCING ON DECEMBER 1, 2024 AND TERMINATING ON NOVEMBER 30, 2027 FOR A NOT TO EXCEED AMOUNT OF $230,341 FOR THEIR APRICOT SOFTWARE SYSTEM; AND APPROVE A FISCAL YEAR 2023-2024 ONE-TIME GENERAL FUND APPROPRIATION OF $69,800.00, FOR THE APRICOT SOFTWARE SYSTEM; AND AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT WITH NASTEC INTERNATIONAL, INC. FOR AN ADDITIONAL $55,500 IN FISCAL YEAR 2023-2024 AND $530,000 FOR FISCAL YEAR 2024-2025, FOR A TOTAL NOT TO EXCEED AMOUNT OF $1,884,336; AND APPROVE A ONE-TIME GENERAL FUND APPROPRIATION FOR $55,500 FOR FISCAL YEAR 2023-2024; AND APPROVE A FISCAL YEAR 2023-2024 CHANGE PURCHASE ORDER WITH NASTEC INTERNATIONAL, INC.
Comment: At their January 26, 2024 Unhoused Council Liaison meeting, Mayor Gold and Councilmember Bosse recommended adoption of the Homelessness Plan by the full City Council, as well as several implementation requests for appropriation for contractors Step Up on Second, Social Solutions Inc, and Nastec International, Inc.
Item G-2 Agenda Report
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS
4. REPORT FROM THE CITY MANAGER
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS AND COMMENTS H.
COMMISSION SYNOPSIS
1. ARTS AND CULTURE COMMISSION - Regular Meeting of February 13, 2024 PLANNNG COMMISSION - Regular Meeting of February 22, 2024 PLANNING COMMISSION - Special Meeting of February 29, 2024 Item H-1
I.
OTHER BUSINESS
J.
ADJOURNMENT
The next City Council meeting is scheduled for April 16, 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
.