Cities Index.
Agenda, regular meeting

Beverly Hills City Council
May 21, 2024

Document
Agenda, regular meeting
Meeting
May 21, 2024
Body
Beverly Hills City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on beverlyhills.granicus.com. That file is the official record.

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 REGULAR MEETING AND PARKING AUTHORITY MEETING May 21, 2024
7:21 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. PRESENTATION – Public Works Week – (May 19-25) Proclamation Honoring Public Works Employees

2. PRESENTATION – Theatre 40 – Proclamation Honoring the Beverly Hills Based Professional Theatre Company

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 November 7, 2023.

Item D-1

2. CONSIDERATION BY THE PARKING AUTHORITY OF THE MINUTES of the Meeting of November 21, 2023.

Item D-2
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 Study Session Meeting of November 7, 2023.

Item E-1

2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of November 7, 2023.

Item E-2

3. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of November 21, 2023.

Item E-3
Demands Paid

4. REVIEW OF BUDGETED DEMANDS PAID, covering dates April 30, 2024 to May 13, 2024.

Item E-4

5. PAYROLL DISBURSEMENT REPORT, covering dates April 30, 2024 to May 13, 2024.

Item E-5
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:

6. A. AUTHORIZING THE BEVERLY HILLS POLICE DEPARTMENT’S MILITARY EQUIPMENT USE INVENTORY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7071

B. RENEWING ITS MILITARY EQUIPMENT USE ORDINANCE IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7071. First Reading - For Introduction Comment: Staff is recommending that City Council review the Military Equipment Use Policy and Inventory listing items currently in use by the Police Department, as well the list of new items requested to be purchased and adopt the appropriate Ordinances under Government Code § 7071(d)(1).

Item E-6 Agenda Report

7. AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO ESTABLISH A CITY HOLIDAY SCHEDULE AND AMENDING THE HOLIDAY CONSTRUCTION MORATORIUM. Second Reading – For Adoption Comment: This ordinance amends the Municipal Code to formally recognize Juneteenth as a City holiday on June 19th of each year, in accordance with previously approved Memoranda of Understanding for various non-sworn employee associations. The ordinance also recognizes Juneteenth as a holiday where construction work requiring a permit is prohibited.

Item E-7 Agenda Report

8. AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO CONSOLIDATE THE DESIGN REVIEW COMMISSION WITH THE ARCHITECTURAL COMMISSION TO CREATE THE ARCHITECTURAL AND DESIGN REVIEW COMMISSION. Second Reading - For Adoption Comment: This ordinance amends the Municipal Code to consolidate the Design Review Commission with the Architectural Commission. The ordinance does not make any substantive changes to the requirements for Design Review, Architectural Review, or the associated processes for permitting.

Item E-8 Agenda Report
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:

9. APPOINTING STANDBY OFFICERS FOR THE CITY COUNCIL.

Comment: Staff recommends that the City Council adopt the resolution approving an updated list of individuals listed as Standby Officers for the City of Beverly Hills City Council.

Item E-9 Agenda Report
APPROVAL OF:

10. REAPPOINTING MEMBERS TO THE ARCHITECTURAL COMMISSION (REBECCA PYNOOS), PLANNING COMMISSION (JEFF WOLFE AND THERESA “TERRI” KAPLAN), RENT STABILIZATION COMMISSION (RYAN GURMAN AND FRANCIS MILLER), TRAFFIC AND PARKING COMMISSION (HADAR GELLER) AND ARTS AND CULTURE COMMISSION (PAMELA BECK).

Comment: It is recommended that the City Council reappoint Rebecca Pynoos (Architectural Commission), Jeff Wolfe and Theresa “Terri” Kaplan (Planning Commission), Ryan Gurman and Francis Miller (Rent Stabilization Commission), Hadar Geller (Traffic and Parking Commission) and Pamela Beck (Arts and Culture Commission) for a second term of four years from July 1, 2024 – June 30, 2028.

Item E-10 Agenda Report

11. REQUEST FOR THE CITY COUNCIL TO CONSIDER AN EXTENSION OF TERMS FOR CULTURAL HERITAGE COMMISSION (JILL TAVELMAN COLLINS) AND CHARITABLE SOLICITATIONS COMMISSION (IRA FRIEDMAN).

Comment: Staff requests City Council consideration and approval regarding the request to extend the commission terms for both Commissioner Jill Tavelman Collins (Cultural Heritage Commission) and Commissioner Ira Friedman (Charitable Solicitations Commission).

Item E-11 Agenda Report

12. REQUEST FOR THE CITY COUNCIL TO CONSIDER A ONE-TIME WAIVER RELATED TO THE COMMISSION APPLICATION PROCESS.

Comment: This report requests a one-time waiver for applicants to apply to more than one commission vacancy during this current recruitment cycle.

Item E-12 Agenda Report

13. RATIFICATION OF A LETTER OF OPPOSITION SENT BY CITY MANAGER NANCY HUNT-COFFEY ON SENATE BILL 1037 (WIENER) PLANNING AND ZONING: HOUSING ELEMENT: ENFORCEMENT.

Comment: Comment: At the direction of the Mayor, the City Manager sent a letter of opposition to Senate Bill 1037 (Wiener) Planning and Zoning: Housing Element: Enforcement on May 10, 2024, as bill was set for a hearing on May 13, 2024 in the Appropriations Committee for the State Senate. This bill allows the State Attorney General to take legal action against a city and seek fines up to $50,000 a month for violating unspecified state housing laws that require ministerial approval of certain housing projects or for failing to adopt a housing element that substantially complies with the law, even if the jurisdiction is acting in good faith. 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-13 Agenda Report

14. 2024 LEGISLATIVE PLATFORM.

Comment: At the April 16, 2024 City Council Study Session, staff presented the 2024 Legislative Platform to the City Council. The City Council recommended certain items be added to the 2024 Legislative Platform. These statements have been incorporated into the 2024 Legislative Platform, which is presented tonight for adoption by the City Council.

Item E-14 Agenda Report

15. THE SALARY SCHEDULE REFLECTING ALL CITY JOB CLASSIFICATIONS.

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.

Item E-15 Agenda Report

16. NORTH CAÑON DRIVE CLOSURE EXTENSION CONSIDERATION.

Comment: Staff recommends that City Council approve an additional six-month extension of the temporary closure of North Cañon Drive at Wilshire Boulevard until December 31, 2024.

Item E-16 Agenda Report

17. PURSUANT TO EMERGENCY CONTRACTING PROCEDURES UNDER PUBLIC CONTRACT CODE SECTION 22050:

AMENDMENT NO. 2 TO THE AGREEMENT WITH AMERICAN INTEGRATED SERVICES, INC. FOR AS-NEEDED ENVIRONMENTAL CLEAN UP SUPPORT SERVICES; AND

AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL CHANGE PURCHASE ORDERS TO AMERICAN INTEGRATED SERVICES, INC. FOR A NOT-TO-EXCEED AMOUNT OF $175,000.

Comment: Pursuant to Emergency Contracting Procedures under Public Contract Code Section 22050 (which is incorporated by reference in BHMC Section 3-3-303), staff recommends that City Council approve Amendment No. 2 to Agreement No. 56-24 with American Integrated Services, Inc. for the hazardous materials investigation and clean up for the repair of a sinkhole at 344 Foothill Road (Alden Lot); and Authorize the City Manager or designee to approve all change purchase orders to American Integrated Services, Inc. for a total not-to-exceed amount of $175,000.

Item E-17 Agenda Report

18. AMENDMENT NO. 7 TO AN AGREEMENT WITH PSOMAS FOR AS-NEEDED ENGINEERING SERVICES FOR THE IMPLEMENTATION OF THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY’S PURPLE LINE EXTENSION PROJECT; AND

APPROVAL OF A FISCAL YEAR 2024/25 APPROPRIATION OF $5,075,100 FROM THE GENERAL FUND (ALL COSTS IN FURTHERANCE OF THE PROJECT WILL BE REIMBURSED BY LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY); AND

APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $5,075,100 FOR FISCAL YEAR 2024/25 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $33,567,600.

Comment: Staff recommends that City Council approve Amendment No. 7 to an Agreement with Psomas to provide as-needed engineering services related to the Purple Line Extension Project, Segments 1 and 2; approve a Fiscal Year 2024/25 appropriation of $5,075,100 from the General Fund to the ongoing contractual services account (No. 001-12401-731220); and approve a purchase order in the amount of $5,075,100 for Fiscal Year 2024/25 for a total contract amount not to exceed $33,567,600.

Item E-18 Agenda Report

19. AMENDMENT NO. 8 TO AN AGREEMENT WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, AND ENVIRONMENTAL INTELLIGENCE, LLC, FOR INDEPENDENT COMPLIANCE MONITORING SERVICES FOR SEGMENTS 1 AND 2 OF THE PURPLE LINE EXTENSION PROJECT; AND

APPROVAL OF A FISCAL YEAR 2024/25 APPROPRIATION OF $2,799,500 FROM THE GENERAL FUND (ALL COSTS IN FURTHERANCE OF THE PROJECT WILL BE REIMBURSED BY LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY); AND

APPROVAL OF A PURCHASE ORDER TO ENVIRONMENTAL INTELLIGENCE, LLC FOR INDEPENDENT COMPLIANCE MONITORING SERVICES IN THE AMOUNT OF $2,799,500 FOR FISCAL YEAR 2024/25 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $18,450,300 Comment: Staff recommends that City Council approve Amendment No. 8 to an Agreement with Los Angeles County Metropolitan Transportation Authority and Environmental Intelligence, LLC to provide independent compliance monitoring services related to Segments 1 and 2 of the Purple Line Extension project; approve an appropriation of $2,799,500 from the General Fund to the ongoing contractual services account (No. 001-12401-731220); and approve a purchase order in the amount of $2,799,500 for Fiscal Year (or "FY") 2024/25 for a total contract amount not to exceed $18,450,300.

Item E-19 Agenda Report

20. ACCEPTANCE OF THE CONTRACT WORK FOR POLICE FACILITY DISPATCH UNINTERRUPTIBLE POWER SUPPLY (UPS) REPLACEMENT PROJECT WITH DATA SPECIALTIES, INC. IN THE FINAL AMOUNT OF $917,259; AND  AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.

Comment: Staff recommends City Council accept the described contract work with Data Specialties, Inc. and authorize the City Clerk to record the Notice of Completion.

Item E-20 Agenda Report

21. ACCEPTANCE OF THE CONTRACT WORK FOR THE AS-NEEDED SEWER REPAIR SERVICES BY MIKE PRLICH AND SONS, INC. IN THE FINAL AMOUNT OF $2,056,825.92; AND  AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.

Comment: Staff recommends that City Council accept the described work for as-needed sewer repair services by Mike Prlich and Sons, Inc. in the final amount of $2,056,825.92 and authorize the City Clerk to record the Notice of Completion.

Item E-21 Agenda Report
F.

CITY COUNCIL PUBLIC HEARING
TO SET:

None
TO CONSIDER:

1. 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.

Comment: On November 13, 2023, Rand Paster Nelson, LLP, on behalf of 9300 Wilshire, LLC submitted a letter appealing Planning staff's October 13, 2023 incomplete determination pertaining to the review of a Development Plan Review application for the proposed construction of a new 19-story mixed use development at 125-129 South Linden Drive. On April 16, 2024, the?City Council continued the appeal hearing to May 21, 2024. On May 13, 2024, the Applicant submitted an additional request to continue the appeal hearing to June 27, 2024.

Item F-1 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. PUBLIC WORKS COMMISSION - Regular Meeting of March 14, 2024 TRAFFIC AND PARKING COMMISSION - Regular Meeting of April 4, 2024 ARTS AND CULTURE COMMISSION - Regular Meeting of April 9, 2024 PLANNING COMMISSION - Regular Meeting of April 11, 2024 ARCHITECTURAL COMMISSION - Regular Meeting of April 17, 2024 HUMAN RELATIONS COMMISSION - Regular Meeting of April 18, 2024 PLANNING COMMISSION - Regular Meeting of April 25, 2024 Item H-1
I.

OTHER BUSINESS
J.

ADJOURNMENT
The next Regular City Council meeting is scheduled for June 18, 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
.

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