A detailed City Council packet is available for review in the Library and City Clerk's Office.

   
In accordance with the Americans with Disabilities Act, the Council Chamber is wheelchair accessible and is equipped with audio equipment for the hearing impaired. If you need special assistance to attend this meeting, please call the City Clerk's Office at (310) 285-2400 or TTY (310) 285-6881. Please notify the City Clerk's Office at least forty-eight (48) hours prior to the meeting if you require captioning service so that reasonable arrangements can be made.



CITY OF BEVERLY HILLS


Council Chamber
Beverly Hills, CA 90210

AGENDA

CITY COUNCIL REGULAR MEETING

November 21, 2017

7:00 PM*
 
 
 
PLEDGE OF ALLEGIANCE



A.
ROLL CALL



B.
PRESENTATIONS

1.
RECOGNITION – Past Director of Metropolitan Water District of Southern California Robert Wunderlich

2.
60-SECOND BUSINESS SHOUT-OUT – Mrs. Beasley’s

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.



C.
ORAL COMMUNICATIONS

1.
TELEPHONE CALL-IN (310.285.1020)  (Members of the public are invited to place telephone calls to comment on issues that do not appear on the evening’s agenda.  The City Council will take up to three telephone calls per meeting.  Comments on the evening’s agenda must be made in person as the item comes before the City Council.)

2.
AUDIENCE COMMENTS.  Any person wishing to address the City Council on any matter not on the agenda may do so at this time.  However, the State open meetings law (Government Code Section 54950 et seq.) prohibits the City Council 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 at this time, please complete a speaker’s card and give it to the City Clerk prior to the commencement of the meeting.  Please use the microphone provided, clearly stating your name for the official record and courteously limiting your remarks to three (3) minutes so others may have the opportunity to speak as well.

3.
REPORT FROM THE CITY MANAGER

4.
CITY COUNCILMEMBER AND COMMITTEE REPORTS



D.
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.
 




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 of October  3, 2017.
Demands Paid

2.
REVIEW OF BUDGETED DEMANDS PAID, report dated October 28, 2017 – November 10, 2017.


3.
PAYROLL DISBURSEMENT REPORT, report dated November 21, 2017.
Other Business


ORDINANCE OF THE CITY OF BEVERLY HILLS:

4.
APPROVING THE JOINT POWERS AGREEMENT FOR LOS ANGELES COMMUNITY CHOICE ENERGY AUTHORITY AND AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM.  First reading – For Introduction.

Comment: The City Council unanimously voted to join the Los Angeles Community Choice Energy (LACCE) to become members of a Community Choice Aggregation (CCA) program. The CCA will purchase and sell electricity to City residents as an alternative to traditional Investor Owned Utility (IOU) to power procurement.

5.
REAUTHORIZING AND READOPTING THE CITY’S PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEE. Second Reading – For Adoption.

Comment: The Public, Educational, and Governmental (“PEG”) Access Support Fee is set to expire on January 18, 2018.  This is a 1% fee charged to the cable provider.  The City needs to reauthorize and readopt the fee in order to ensure that the fee continues uninterrupted.

6.
AMENDING THE BEVERLY HILLS MUNICIPAL CODE REGARDING LEGISLATIVE ADVOCATES SERVING ON COMMISSIONS AND COMMITTEES. Second Reading – For Adoption.

Comment: The Ordinance provides for a 2 year cooling off period before a Legislative Advocate is appointed to a commission or committee.  In addition, once appointed, a commissioner or committee member should not begin to function as a Legislative Advocate.

7.
REGARDING THE VALIDITY AND EXPIRATION OF CERTAIN BUILDING PERMIT APPLICATIONS.  Second Reading – For Adoption.

Comment: This proposed ordinance will require that certain building permit applications filed before January 1, 2017 would be required to obtain their building permit prior to May 6, 2018. RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:

8.
FOR ACCEPTANCE OF A GRANT UNDER THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS FEDERAL BULLETPROOF VEST PARTNERSHIP; AND

APPROPRIATION OF $24,235.67 TO PURCHASE BALLISTIC VESTS.

Comment: Grant funds will be used to assist with the purchase of ballistic vests for sworn Police Department personnel.

9.
VACATING A STORM DRAIN EASEMENT OVER A PORTION OF THE PROPERTY AT 1193 LOMA LINDA DRIVE AND AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED TO LOMA LINDA HOLDINGS, LTD AS TRUSTEE OF THE LOMA LINDA TRUST, FOR TERMINATION OF THE EASEMENT.

Comment: The property owner requests vacation of an abandoned and unused storm drain easement located on the property at 1193 Loma Linda Drive. The City Council will also consider finding the easement vacation exempt from the California Environmental Quality Act.


APPROVAL OF:

10.
ARCHITECTURAL COMMISSION APPOINTMENT (JAMES MATSON).

Comment: Appoints James Matson to the Architectural Commission for an initial two-year term.

11.
RIGHT OF ENTRY AND ACCESS AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC DBA AT&T MOBILITY FOR THE PROPERTY AT 905 LOMA VISTA DRIVE.

Comment: This item approves a Right of Entry and Access Agreement with New Cingular Wireless PCS, LLC dba AT&T Mobility to conduct soil investigations for engineering design of a wireless telecommunications facility at Greystone Mansion & Gardens at 905 Loma Vista Drive.

12.
AGREEMENT WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO, A PROFESSIONAL LAW CORPORATION TO REPRESENT THE CITY IN CERTAIN LABOR AND EMPLOYMENT MATTERS AND CONDUCT INDEPENDENT INVESTIGATIONS OF CONFIDENTIAL PERSONNEL MATTERS; AND

APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $200,000

APPROPRIATION OF $200,000 FROM THE AVAILABLE GENERAL FUND BALANCE FOR THE PROVISION OF CONFIDENTIAL PERSONNEL INVESTIGATIONS.

Comment: This is to request an approval of an agreement in the amount of $200,000 for the Contractor to represent the City in certain labor and employment matters and conduct independent investigations of confidential personnel matters.

13.
AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MARK LOUCHEIM ACCEPTING THE DONATION OF FOLDED G BY ARTIST FLETCHER BENTON.

Comment: Per the discussion at the study session, the City Council is asked to authorize the City Manager to execute an agreement with Mark Loucheim to accept the donation of the art piece Folded G by the artist Fletcher Benton.

14.
AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAND (LOS ANGELES NOMADIC DIVISION) ACCEPTING THE LOAN OF A PIECE OF SENSE OF PLACE BY ARTIST JOSE DAVILA.

Comment: Per the discussion at the study session, the City Council is asked to authorize the City Manager to execute an agreement with LAND (Los Angeles Nomadic Division) to accept the loan of a piece of the art piece Sense of Place by the artist Jose Davila.

15.
AMENDMENT NO. 1 TO AN AGREEMENT WITH DEBRA L. REILLY DBA REILLY WORKPLACE  INVESTIGATIONS TO REPRESENT THE CITY IN CERTAIN LABOR AND EMPLOYMENT MATTERS AND CONDUCT INDEPENDENT INVESTIGATIONS OF CONFIDENTIAL PERSONNEL MATTERS; AND

APPROVAL OF A CHANGE ORDER IN THE AMOUNT OF $100,000 TO THE PURCHASE ORDER FOR A NOT-TO-EXCEED AMOUNT OF $150,000.

APPROPRIATION OF $100,000 FROM THE AVAILABLE GENERAL FUND BALANCE FOR THE PROVISION OF CONFIDENTIAL PERSONNEL INVESTIGATIONS.

Comment: This is to request an approval of an amendment to add $100,000 to the current agreement's consideration amount of $50,000 for a total-not-to-exceed amount of $150,000 and a change order of $100,000 to the purchase order for a not-to-exceed amount of $150,000 for Contractor to represent the City in certain labor and employment matters and conduct independent investigations of confidential personnel matters.

16.
AMENDMENT NO. 2 TO THE AGREEMENT WITH PSOMAS FOR ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE STORM DRAIN RELOCATION BETWEEN SUNSET BOULEVARD AND LOMITAS AVENUE; AND

APPROVAL TO INCREASE THE PURCHASE ORDER TO PSOMAS FOR ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES IN THE AMOUNT OF $148,000.

Comment: It is recommended that Amendment No. 2 be approved to complete the design of the storm drain line relocation and the overflow line from Sunset Reservoir and to provide construction phase support.

17.
AMENDMENT NO. 2 TO AN AGREEMENT WITH PARKING CONCEPTS, INC. FOR THE OPERATION OF CERTAIN PARKING FACILITIES; AND

AUTHORIZE THE CITY MANAGER TO APPROVE PURCHASE ORDERS FOR THE TERM OF THE AGREEMENT.

Comment: This amendment codifies the not-to-exceed amounts of the current agreement with the City's parking operator for the remaining term of the agreement; $1,406,096 for Fiscal Year 2017/2018, $1,532,645 for Fiscal Year 2018/2019; and $766,322 for partial Fiscal Year 2019/2020 for a total not to exceed amount of $3,705,063 related to this amendment

18.
AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO AN AGREEMENT WITH HF&H CONSULTANTS, LLC FOR SERVICES RELATED TO WATER RATE EVALUATION AND RESTRUCTURING; AND

APPROVAL OF A CHANGE PURCHASE ORDER IN THE AMOUNT OF $50,000 TO HF&H CONSULTANTS, LLC FOR A TOTAL NOT TO EXCEED AMOUNT OF $323,369.

Comment: It is recommended that the City Council approve Amendment No. 3 between the City of Beverly Hills and HF&H Consultants, LLC for services related to water rate evaluation and restructuring; and approve a Change Purchase Order in the amount of $50,000 for a not to exceed amount of $323,369 for these services.

19.
ACCEPTANCE OF THE CONTRACT FOR THE PROJECT "REPLACEMENT OF FIVE WATER RESERVOIRS, REPLACEMENT OF ON-SITE PIPING AT SITES 3A, 4B, 5, 6, AND 7, AND SEISMIC RETROFITTING OF THE ASSOCIATED PUMP STATIONS", WITHIN THE CITY OF BEVERLY HILLS BY PACIFIC TANK AND CONSTRUCTION, INC. IN THE FINAL AMOUNT OF $7,966,749.58; AND

AUTHORIZATION FOR THE CITY CLERK TO RECORD NOTICE OF COMPLETION.

Comment: Staff recommends the acceptance of the contract work performed by Pacific Tank and Construction, Inc. for the Replacement of five Water Reservoirs and seismic retrofit the associated pump stations in the final amount of $7,966,749.58 and authorize the City Clerk to record the Notice of Completion.

20.
ACCEPTANCE OF THE CONTRACT FOR THE PROJECT "REVERSE OSMOSIS (R.O.) WATER TREATMENT PLANT REHABILITATION" BY CANYON SPRINGS ENTERPRISES DBA RSH CONSTRUCTION SERVICES WITHIN THE CITY OF BEVERLY HILLS IN THE FINAL AMOUNT OF $2,843,114.45; AND

AUTHORIZATION FOR THE CITY CLERK TO RECORD NOTICE OF COMPLETION.

Comment: Staff recommends the acceptance of the contract work performed by Canyon Springs Enterprises dba RSH Construction Services for the Reverse Osmosis (R. O.) Water Treatment Plant Rehabilitation in the final amount of $2,843,114.45 and authorize the City Clerk to record the Notice of Completion.

21.
A PURCHASE ORDER IN THE NOT-TO-EXCEED AMOUNT OF $90,551.18 TO LYTX, INC. FOR ANNUAL RENEWAL AND SUPPORT FOR THE DRIVECAM PROGRAM SOLUTION; AND

AUTHORIZE THE CITY MANAGER TO APPROVE THE PURCHASE ORDERS FOR THE TERM OF THE AGREEMENT.

Comment: Staff recommends that the City Council approve a purchase order in the not-to-exceed amount of $90,551.18 to Lytx, Inc. for the annual renewal and support of the DriveCam Program Solution. This is the second year of an Agreement that has a five-year term with reoccurring subscription costs of $62,679.68 annually. In addition, this request includes $27,871.50 for twenty-five (25) new DriveCam units to be installed in Police Traffic Control and Public Works vehicles not part of the original installations.


22.
A PURCHASE ORDER TO WONDRIES FLEET GROUP FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $1,295,640.31 FOR THE PURCHASE AND REPLACEMENT OF FIVE (5) POLICE DETECTIVE VEHICLES, SEVEN (7) POLICE PATROL VEHICLES, THREE (3) POLICE ADMINISTRATIVE VEHICLES, THREE (3) POLICE TRAFFIC CONTROL VEHICLES AND NINE (9) PUBLIC WORKS VEHICLES.

Comment: Staff recommends City Council waive the bidding requirements as the City is utilizing the National Joint Powers Alliance (NJPA) bid process and move to approve a purchase order in the amount of $1,295,640.31 to Wondries Fleet Group for the purchase of specified vehicles.

23.
A PURCHASE ORDER TO MAR-CO EQUIPMENT CO. FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $374,420.38 FOR PURCHASE OF ONE (1) COMPRESSED NATURAL GAS POWERED STREET SWEEPER.

Comment: Staff recommends that the City Council waive the bidding requirements as the City is utilizing the City of Bakersfield procurement contract and approve a purchase order in the amount of $374,420.38 to Mar-Co Equipment Co. for the purchase of specified Compressed Natural Gas (CNG) Street Sweeper.

24.
A PURCHASE ORDER IN THE AMOUNT OF $2,600,000.00 TO GRAYBAR ELECTRIC COMPANY, INC. FOR FIBER OPTIC EQUIPMENT INCLUDING SPLITTERS, CABLES, CABINETS AND SPLICING CASSETTES FOR THE BEVERLY HILLS FIBER PROJECT.

Comment: Staff recommends that the City Council award the purchase associated with Bid No. 17-49 to the lowest responsible bidder, Graybar Electric Company, Inc. for the purchase of cabinet panels, splitters and cables related to the Beverly Hills Fiber to the Premise Initiative, and authorize a purchase order in an amount not to exceed $2,423,691.43 and a contingency not to exceed $176,308.60 for a total amount not to exceed $2,600,000.00

25.
APPROPRIATION OF $50,000 FROM THE SOLID WASTE FUNDS RECOVERABLE EXPENDITURE ACCOUNT TO THE SOLID WASTE EXPENDITURE ACCOUNT TO COVER RELATED FEES ASSOCIATED WITH THE ASSIGNMENT OF THE CITY’S SOLID WASTE FRANCHISE AGREEMENT.

Comment: Staff recommends approval to appropriate the $50,000 received as part of the assignment review process to cover related expenses.

26.
APPROPRIATION OF $450,000 FROM THE CITY COUNCIL APPROVED FY2016/17 YEAR END BALANCE TO AUGMENT CAPITAL IMPROVEMENT FUNDING TO REPLACE THE PUBLIC WORKS FACILITY’S EMERGENCY GENERATOR.

Comment: This appropriation will fund procurement and installation of a new emergency generator capable of powering Public Works and Vehicle Shop buildings in the event of a power outage.

27.
AUTHORIZATION TO APPROPRIATE $118,000 FROM CITY COUNCIL APPROVED FY 2016/17 YEAR END BALANCE, TO FUND ENHANCEMENT TO POLICE DEPARTMENT OPERATIONS.

Comment:  This appropriation will fund a Jail Audit Assessment, Team building for Records and Dispatch Center, and a Canine and SWAT audit.



E.
CITY COUNCIL PUBLIC HEARING


TO SET:

None
 

TO CONSIDER:

None
 


F.
CITY COUNCIL CONTINUED AND NEW BUSINESS

1.
UPDATE ON THE RENTAL UNIT REGISTRATION PROCESS AND RESEARCH ON TENANT/LANDLORD MEDIATION BOARDS IN OTHER JURISDICTIONS

CONSIDERATION OF METHOD TO INCENTIVIZE REGISTRATION OF ALL OUTSTANDING PROPERTIES

RECOMMENDATION FROM THE RENT STABILIZATION AD HOC COMMITTEE TO HIRE A CONSULTANT TO PROVIDE THE CITY COUNCIL WITH INFORMATION RELATED TO ECONOMIC IMPACTS ON RENT STABILIZATION POLICIES;

AGREEMENT WITH HR&A ADVISORS, INC. FOR ANALYSIS OF CERTAIN UNRESOLVED RENT STABILIZATION ORDINANCE ISSUES; AND

APPROVAL OF A CORRESPONDING PURCHASE ORDER TO HR&A ADVISORS, INC. FOR THESE SERVICES; AND

APPROVAL OF AN APPROPRIATION OF $105,330 FROM THE GENERAL FUND

Comment: Staff will provide the status of rental unit registration and the recommendation of the Ad Hoc committee of a consultant to provide information regarding the economic impacts of the adopted amendments.

2.
MEMORANDUM OF AGREEMENT AND PERMIT APPLICATION FOR RELOCATION OF THIRD PARTY UTILITIES ASSOCIATED WITH SECTION 2 OF THE METRO PURPLE LINE EXTENSION PROJECT.

Comment: The City and Metro have negotiated a draft Memorandum of Agreement (MOA) for the remaining third party utility relocation work at the Rodeo station area and Metro is requesting a permit for the relocation work based on the permit terms in the MOA.



G.
COMMISSION SYNOPSIS

1.
TRAFFIC AND PARKING COMMISSION - Regular Meeting of October 5, 2017
DESIGN REVIEW COMMISSION - Regular Meeting of October 5, 2017
PUBLIC WORKS COMMISSION - Regular Meeting of October 12, 2017
PLANNING COMMISSION - Regular Meeting of October 26, 2017
TRAFFIC AND PARKING COMMISSION - Regular Meeting of November 2, 2017
DESIGN REVIEW COMMISSION - Regular Meeting of November 2, 2017




H.
OTHER BUSINESS



I.
ADJOURNMENT

The next City Council meeting is scheduled for December 5, 2017.

*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.

*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.