AGENDA REPORT
Meeting Date: September 1, 2026
Item Number:
To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Christine Chung, Project Manager
Subject: AMENDMENT NO. 1 TO THE MEMORANDUM OF AGREEMENT (MOA) WITH THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY (METRO) FOR D (PURPLE)
LINE EXTENSION - SECTION 1 PROJECT TREE AND
LANDSCAPE MAINTENANCE TERMS
Attachments: 1. Amendment No. 1 to the Agreement (Proposed Final Draft)
2. MOA Excerpt Related to Tree and Landscape Maintenance
RECOMMENDATION
Staff recommends that City Council:
1. Approve Amendment No. 1 (Attachment 1) to the Memorandum of Agreement, transferring responsibility for the three-year tree and landscape establishment maintenance to the City. Under the amendment, the Los Angeles County Metropolitan Transportation Authority (Metro) will provide a total of $150,000 as a dedicated maintenance fund for the three-year establishment period; and
2. Authorize the City Manager or his designee to execute the amendment, following City Council approval, with the understanding that the City has completed its final inspection and accepted Metro’s installation of the trees, landscape, and irrigation system.
INTRODUCTION
On February 21, 2017, the City of Beverly Hills and Metro executed a Memorandum of Agreement (MOA) concerning the D (Purple) Line Extension – Section 1 Project. Under the original terms of that MOA, Metro is responsible for maintaining permanent trees and other landscaping installed by Metro for a three-year tree and landscape establishment period following the date of planting and warranting the trees and landscaping for one year after planting (Attachment 2).
Meeting Date: September 1, 2026
Rather than managing the maintenance directly, Metro has proposed providing the required funding to the City, allowing Beverly Hills to take over maintenance during the establishment period using qualified, City-vetted resources.
DISCUSSION
Transitioning the maintenance responsibilities to the City ensures that all newly installed trees, landscaping, and irrigation systems within the Beverly Hills public right-of-way are maintained in accordance with City standards and arboricultural best practices.
The $150,000 funding is sufficient to allow for the Public Works Department to utilize a qualified landscape maintenance crew to maintain Metro-installed trees, landscaping, and irrigation systems along Wilshire Boulevard (between La Cienega Boulevard and San Vicente Boulevard) and along the east side of La Cienega Boulevard (just north of Wilshire Boulevard). Maintenance will cover 10 palm and 16 canopy trees and two landscaped medians, including the following core activities:
Regular irrigation monitoring and soil moisture management; Pruning in accordance with International Society of Arboriculture (ISA) standards; Integrated pest control, disease management, and tree health monitoring; and Mulching, staking, and prompt replacement of failed or declining trees.
Under the proposed terms of the amendment, the City will maintain the designated rightof-way for the full three-year establishment period following execution of the amendment.
Metro will continue to provide a one-year warranty from the planting of the trees and landscaping. During the warranty period, Metro will remain responsible for replacing any tree or landscaping requiring replacement. The City's maintenance responsibilities during this period will not diminish or relieve Metro of its warranty and replacement obligations.
The City conducted its final inspection of the tree, landscape, and irrigation system installation on August 24, 2026. The inspection included verification of the condition of the trees and landscaping by the City Arborist and confirmation that the irrigation system is fully functional. Upon City Council approval of Amendment No. 1, and following execution by the City Manager, responsibility for the three-year maintenance will transfer from Metro to the City, as the City has completed its final inspection and accepted Metro’s installation.
Staff believes this arrangement, fully funded by Metro, will provide the City with greater control over the health and quality of the public landscaping during a critical growth window.
Staff recommends that City Council approve the attached amendment and authorize the City Manager to execute the amendment, as the City has completed its final inspection of the tree, landscape, and irrigation system installation by Metro.
FISCAL IMPACT
There is no net fiscal impact to the City’s General Fund. Under the terms of Amendment No. 1, Metro will fully compensate the City a total of $150,000 ($50,000 per year for three years) to cover all maintenance costs. Metro will issue an initial payment of $100,000 to cover the first two years, followed by a final payment of $50,000 upon completion of the Meeting Date: September 1, 2026
third year. Any unspent funds will not be reimbursed to Metro. Ongoing tree and landscape maintenance beyond year three will be included in the Department’s annual budget requests.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
-1-
B0785-0001\3272228v2.doc
AMENDMENT NO. 1 TO THE MEMORANDUM OF AGREEMENT
FOR CONTRACT C1045
OF THE PURPLE LINE EXTENSION PROJECT- SEGMENT 1
BETWEEN
THE CITY OF BEVERLY HILLS
AND
THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY
THIS AMENDMENT NO. 1 is to that certain MEMORANDUM OF AGREEMENT between the Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and the City of Beverly Hills (the “City”), collectively referred to herein as “the Parties”, dated February 21, 2017, and identified as Contract No. 66-17 (“Agreement”).
RECITALS
A. LACMTA and the City both signed a Memorandum of Agreement (dated Feb. 21, 2017) (“Original MOA”) that required LACMTA to maintain the trees, landscaping and irrigation installed in the public right of way as part of the Purple (D) Line Extension Project-Segment 1 for a three-year tree establishment period.
B. LACMTA and City are committed to ensuring the successful establishment of all trees planted under this project and will work collaboratively to achieve this objective.
C. Pursuant to the Original MOA, the tree establishment period was to commence from the date of written acceptance by the City. This Amendment will allow LACMTA to transfer the maintenance responsibilities of the tree establishment period to the City for compensation, subject to the terms and conditions of the Agreement.
NOW, THEREFORE, the parties agree as follows:
Article XVIII, Tree Removal and Replacement, is hereby restated and amended:
“ARTICLE XVIII
TREE REMOVAL AND REPLACEMENT
Tree removal will be avoided wherever possible. The LACMTA shall strictly comply with a tree removal and replacement plan that will ensure that any landscaping removed as a result of C1045 Contract Construction is eventually returned to its condition prior to removal. The tree removal and replacement plan shall substantially conform to the following requirements:
• New replacement trees shall be a 36” box of the same species and planted in the same location as the removed tree when not in conflict with -2-
B0785-0001\3272228v2.doc
new infrastructure, in which case the City’s arborist shall designate an alternative location and/or size;
• New replacement palm trees shall be a minimum 20’ in height; • The LACMTA shall replace trees within six (6) months of restoration and completion of that portion of Wilshire Boulevard that may impact the tree. To the extent feasible, the LACMTA shall replace trees on an ongoing basis so long as doing so does not conflict with future C1045 Contract Construction; and
• The LACMTA shall mitigate the City’s lost value as a result of tree removal by compensating the City for the difference in lost value between removed trees and new replacement trees, with the difference in value determined using the TFM (Trunk Formula Method) as defined in “Guide for Plant Appraisal, 9th Edition”.
The LACMTA shall be responsible for planting the trees and landscaping in the public right of way. The LACMTA shall coordinate with the City’s arborist to ensure that the tree removal and replacement plan is executed to the satisfaction of the City’s arborist. The one-year warranty period of trees and landscaping shall commence upon the City's written acceptance of the trees, landscaping, and irrigation system. The warranty, if any, applicable to the irrigation system and other project infrastructure shall remain as provided in the Original MOA and is not modified by this Amendment.
LACMTA shall, at its sole cost and expense, replace any tree or landscaping that, in the City's sole determination, is dead, declining, unhealthy, damaged, fails to establish, or otherwise requires replacement at any time during the one-year warranty period unless caused by the City’s failure to follow standard tree or landscaping maintenance standards, including ANSI A300 Tree Care Standards. For any replaced tree, the oneyear warranty period shall be deemed renewed. Prior to the end of the one-year warranty, City and LACMTA will conduct an inspection of all replacement trees and landscaping for general health as a condition of final acceptance by the City. If, in the City’s sole determination, a tree or landscaping does not meet the health requirement, LACMTA shall replace the tree or landscaping within thirty (30) days of City’s health requirement written determination unless the poor health of the tree or landscaping was caused by the City’s failure to follow standard tree or landscaping maintenance standards, including ANSI A300 Tree Care Standards. For any trees or landscaping that LACMTA must remove, the original warranty shall be deemed renewed commencing from when the tree or landscaping is replaced.
City agrees to accept the maintenance responsibilities of the trees and landscaping in exchange for compensation by LACMTA, subject to the terms and conditions of the Agreement. LACMTA agrees to pay the City a total of $150,000 at the initial date of planting. The Parties agree that this is the maximum amount the City will receive from LACMTA regardless of the City’s actual maintenance costs for all replacement trees and landscaping. Any unspent maintenance funds will not be returned to LACMTA. The City's assumption of maintenance responsibilities during the tree establishment period -3-
B0785-0001\3272228v2.doc
shall not diminish, waive, or relieve LACMTA of its obligations to provide the one-year warranty or to replace trees or landscaping required to be replaced pursuant to the warranty.
Metro may complete its closeout process for the Purple (D) Line Extension ProjectSegment 1, including the resolution of punch list items and financial reconciliation of the Project, before the conclusion of the tree establishment period.
EXECUTED the day of 20___, at Beverly Hills, California.
City of Beverly Hills,
A Municipal Corporation
CRAIG A. CORMAN
Mayor of the City of Beverly Hills,
California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
Approved as to Form:
LAURENCE S. WIENER, City Attorney
Los Angeles County Metropolitan
Transportation Authority
By:_____________________________
Its: _____________________________
Approved as to Form:
RONALD W. STAMM
Principal Deputy County Counsel
Approved as to Content:
______________________________________
RYAN GOHLICH
City Manager
_____________________________________
SHANA EPSTEIN
Director of Public Works
Attachment A
t
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a
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m
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nt 2 2
MEMORANDUM OF AGREEMENT
FOR CONTRACT C1045
OF THE PURPLE LINE EXTENSION PROJECT -SEGMENT 1
BETWEEN
THE CITY OF BEVERLY HILLS
AND
THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY
80785-00221771 361v40.doc
AGREEMENT NO.
MEMORANDUM OF AGREEMENT
FOR CONTRACT C1045
OF THE PURPLE LINE EXTENSION PROJECT - SEGMENT 1
BETWEEN
THE CITY OF BEVERLY HILLS
AND
THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY
B0785-0022\1771361v40.doc
AGREEMENT NO. [ o-z ]
TABLE OF CONTENTS
Pagç
ARTICLE I Recitals 1
ARTICLE H Term Of Agreement And Definitions 3ARTICLE III Designation Of The City Representative And The LACMTA Representative; Emergency Contact List 7
ARTICLE IV Permitting and Submittal Process 7
ARTICLE V Permit Fees 9
ARTICLE VI Design Criteria and Operation and Maintenance of City Facilities 10 ARTICLE VII Betterments 11ARTICLE VIII City Rights-of-Way And Cost Liability 11 ARTICLE IX Hazardous Materials 11ARTICLE X “As-Built” Drawings 12 ARTICLE XI Manner In Which The City Will Be Reimbursed For Costs 12ARTICLE XII Construction Staging, Traffic Control And Parking Requirements 14ARTICLE XIII Allowable Work Hours And Workdays 19 ARTICLE XIV Noise Control Plans And Mitigation Measures 24ARTICLE XV Light Plans And Mitigation Measures 29 ARTICLE XVI Independent Compliance Monitor 30
ARTICLE XVII Enforcement Of Permit Conditions And Mitigation Measures 30 ARTICLE XVIII Tree Removal And Replacement 31
ARTICLE XIX Business Mitigation Assistance 32ARTICLE XX Advance Notification Process And Establishment Of A Public Phone Line 34
ARTICLE XXI Inspection of City Facilities During Construction 36 ARTICLE XXII Operation And Maintenance Of City Utilities 37 11 B0785-0022\1 771361 v40doc
TABLE OF CONTENTS
ARTICLE I Recitals 1
ARTICLE II Term Of Agreement And Definitions 3 ARTICLE III Designation Of The City Representative And The LACMTA Representative; Emergency Contact List 7
ARTICLE IV Permitting and Submittal Process 7
ARTICLE V Permit Fees 9 ARTICLE VI Design Criteria and Operation and Maintenance of City Facilities 10 ARTICLE VII Betterments 11
ARTICLE VIII City Rights-of-Way And Cost Liability 11
ARTICLE IX Hazardous Materials 11
ARTICLE X "As-Built" Drawings 12
ARTICLE XI Manner In Which The City Will Be Reimbursed For Costs 12 ARTICLE XII Construction Staging, Traffic Control And Parking Requirements 14 ARTICLE XIII Allowable Work Hours And Workdays 19 ARTICLE XIV Noise Control Plans And Mitigation Measures 24 ARTICLE XV Light Plans And Mitigation Measures 29 ARTICLE XVI Independent Compliance Monitor 30 ARTICLE XVII Enforcement Of Permit Conditions And Mitigation Measures 30 ARTICLE XVIII Tree Removal And R£placement 31
ARTICLE XIX Business Mitigation Assistance 32 ARTICLE XX Advance Notification Process And Establishment Of A Public Phone Line 34
ARTICLE XXI Inspection of City Facilities During Construction 36 ARTICLE XXII Operation And Maintenance Of City Utilities 37 ii
B0785-0022\1771361v40 doc
ARTICLE XXIII Indemnity, Warranties And Insurance Requirements 38 ARTICLE XXIV Audit And Inspection 39
ARTICLE XXV Federal And Other Requirements 40
ARTICLE XXVI Construction Review Deadlines And Delays 41ARTICLE XXVII Miscellaneous .43 ARTICLE XXVIII Resolution Of Disputes 44
ARTICLE XXIX Additional Terms 45
Exhibits
A — PDD Permit and City of Beverly Hills Conditions for Approval B — Form 60
C — Detour Routes During Full Closures of Wilshire Boulevard D — Saban Theatre Pedestrian Access Plan
E — Metro 5-Step Noise Control PlanF — Ambient Noise Testing Sites G -LACMTA Claims Form
H — Design and Construction Plans Provided to City ofBeverly Hills I — Identification of Parcel W-2307
J — Contract of Sale and Escrow Instructions for W-2307 K — Temporary Construction Easement for Parcel W-2307
111
B0785-0022\1 77136 1v40.doc
ARTICLE XXIII Indemnity, Warranties And Insurance Requirements 38 ARTICLE XXIV Audit And Inspection 39
ARTICLE XXV Federal And Other Requirements 40
AR TI CLE XXVI Construction Review Deadlines And Delays 41 AR TI CLE XXVII Miscellaneous 43 AR TI CLE XXVIII Resolution Of Disputes 44 ARTICLE XXIX Additional Terms 45 Exhibits
A-PDD Permit and City of Beverly Hills Conditions for Approval B-Form60 C - Detour Routes During Full Closures of Wilshire Boulevard D - Saban Theatre Pedestrian Access Plan E - Metro 5-Step Noise Control Plan F -- Ambient Noise Testing Sites G - LACMTA Claims Form H-Design and Construction Plans Provided to City of Beverly Hills I - Identification of Parcel W-2307 J- Contract of Sale and Escrow Instructions for W-2307
K - Temporary Construction Easement for Parcel W-2307
iii
B0785-0022\1771361v40.doc
ARTICLE XVIU
Tree Removal And RepIacement
Tree removal will be avoided wherever possible. The LACMTA shall strictly comply with a treeremoval and replacement plan that will ensure that any landscaping removed as a result of Cl 045Contract Construction is eventually returned to its condition prior to removal. The tree removaland replacement plan shall substantially conform to the following requirements:
3 1
B0785-0022\I 771361 v40.doc
ARTICLE XVIII
Tree Removal And Replacement
Tree removal will be avoided wherever possible. The LACMT A shall strictly comply with a tree removal and replacement plan that will ensure that any landscaping removed as a result of C 1045 Contract Construction is eventually returned to its condition prior to removal. The tree removal and replacement plan shall substantially conform to the following requirements: -31- B0785-0022\1771361v40.doc
I New replacement trees shall be a 36” box ofthe same species and planted in the same location as the removed tree when not in conflict with new infrastructure, in which case the City’s arborist shall designate an alternative location and/or size; . New replacement palm trees shall be a minimum 20’ in height; . The LACMTA shall replace trees within six (6) months ofrestoration and completion of that portion of Wilshire Boulevard that may impact the tree. To the extent feasible, the LACMTA shall replace trees on an ongoing basis so long as doing so does not conflict with ffiture C1045 Contract Construction; and
. The LACMTA shall mitigate the City’s lost value as a result oftree removal by compensating the City for the difference in lost value between removed trees and new replacement trees, with the difference in value determined using the TFM (TrunkFormula Method) as defined in “Guide for Plant Appraisal, 9th Edition”.
The LACMTA shall coordinate with the City’s arborist to ensure that the tree removal and replacement plan is executed to the satisfaction of the City’s arborist. The LACMTA or its contractor(s) shall maintain all trees landscaping installed by the LACMTA or its contractor(s)j for a period of three (3) years from the date of planting and shall warranty the trees and landscaping for one (1) year after planting. Prior to the end of the one year warranty period, the City, LACMTA and its Contractors will conduct an inspection of all replacement trees and landscaping for general health as a condition of final acceptance by the City. If in the City’s sole determination, a replacement tree or landscaping does not meet the health requirements of the City, then the LACMTA shall replace that tree within thirty (30) days. For any trees or landscaping that must then be removed, the original warranty shall be deemed renewed commencing from when the tree or landscaping is replaced. -32-
BO785OO22\177[361v4O doe
• New replacement trees shall be a 36" box of the same species and planted in the same location as the removed tree when not in conflict with new infrastructure, in which case the City's arborist shall designate an alternative location and/or size; • New replacement palm trees shall be a minimum 20' in height; • The LACMTA shall replace trees within six (6) months of restoration and completion of that portion of Wilshire Boulevard that may impact the tree. To the extent feasible, the LACMT A shall replace trees on an ongoing basis so long as doing so does not conflict with future C 1045 Contract Construction; and
• The LACMTA shall mitigate the City's lost value as a result of tree removal by compensating the City for the difference in lost value between removed trees and new replacement trees, with the difference in value determined using the TFM (Trunk Formula Method) as defined in "Guide for Plant Appraisal, 9th Edition".
The LACMTA shall coordinate with the City's arborist to ensure that the tree removal and replacement plan is executed to the satisfaction of the City's arborist. The LACMTA or its contractor(s) shall maintain all trees landscaping installed by the LACMTA or its contractor(s) for a period of three () years from the date of planting and shall warranty the trees and landscaping for one ( 1) year after planting. Prior to the end of the one year warranty period, the City, LACMT A and its Contractors will conduct an inspection of all replacement trees and landscaping for general health as a condition of final acceptance by the City. If, in the City's sole determination, a replacement tree or landscaping does not meet the health requirements of the City, then the LACMT A shall replace that tree within thirty (30) days. For any trees or landscaping that must then be removed, the original warranty shall be deemed renewed commencing from when the tree or landscaping is replaced. -32- B0785-0022\1771361v40 doc