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
455 North Rexford Drive
Beverly Hills, CA 90210

AGENDA

CITY COUNCIL REGULAR MEETING

August 21, 2018

7:00 PM*
 
 
 
PLEDGE OF ALLEGIANCE



A.
ROLL CALL



B.
PRESENTATIONS

1.
LEGACY BUSINESS AWARD – Carroll and Company

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.



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
* Update on La Cienega Public Engagement Process - Nancy Hunt-Coffey, Director of Community Services and Stephanie Harris, Senior Management Analyst

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 July 24, 2018.


2.
CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session of August 7, 2018.


3.
CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of August 7, 2018.
Demands Paid

4.
REVIEW OF BUDGETED DEMANDS PAID, report dated July 31 – August 14, 2018.


5.
PAYROLL DISBURSEMENT REPORT, report dated August 21, 2018.
Other Business


ORDINANCE OF THE CITY OF BEVERLY HILLS:

6.
AMENDING ARTICLE 21 OF CHAPTER 4 OF TITLE 5 OF THE BEVERLY HILLS MUNICIPAL CODE TO PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS. Second Reading - For Adoption.

Comment: Staff recommends City Council adoption of an ordinance that would prohibit the sale of flavored tobacco products, including menthol cigarettes, in Beverly Hills. This ordinance has been recommended by the Health and Safety Commission.

7.
URGENCY ORDINANCE - APPOINTING MICHELLE KAYE TO THE ARCHITECTURAL COMMISSION AND ALAN KAYE TO THE FINE ART COMMISSION ON AN INTERIM BASIS UNTIL THE CITY COUNCIL APPOINTS A PERMANENT REPLACEMENT FOR THE VACANT SEATS.

Comment: This ordinance appoints Michelle Kaye to the Architectural Commission and Alan Kaye to the Fine Art Commission to serve until replacements have been appointed to fill their positions.


RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:

8.
FIXING THE RATE OF TAXES TO PAY THE BONDED AND OTHER VOTER-APPROVED INDEBTEDNESS OF THE CITY FOR THE FISCAL YEAR 2018/2019.   

Comment: Staff recommends adoption of the resolution fixing the rate of taxes for the Fiscal Year 2018/2019 to $0.023513 per $100 of assessed valuation.


APPROVAL OF:

9.
ADOPTION OF THE STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2018/19.

Comment: Staff recommends that the City Council approve the Investment Policy for Fiscal Year 2018/19.

10.
AGREEMENT WITH FEHR & PEERS TRANSPORTATION CONSULTANTS FOR AS-NEEDED TRAFFIC CONSULTING SERVICES; AND

APPROVAL OF A PURCHASE ORDER TO FEHR & PEERS TRANSPORTATION CONSULTANTS FOR A TOTAL NOT TO EXCEED AMOUNT OF $250,000.

Comment: This report recommends City Council approve an agreement with Fehr & Peers Transportation Consultants for as-needed traffic consulting services and approval of a purchase order in a total amount not to exceed $250,000.

11.
AGREEMENT WITH MYDATT, INC., DBA BLOCK BY BLOCK FOR AMBASSADOR SERVICES RELATED TO TOBACCO AND SMOKING EDUCATION AND OUTREACH; AND

APPROVAL OF A FISCAL YEAR 2018/19 PURCHASE ORDER IN THE AMOUNT OF $99,280.00 FOR THESE SERVICES.

Comment: This Agreement authorizes additional Ambassador services for supplementing the City's current outreach, education, and enforcement efforts related to the City's smoking regulations. The cost of services associated with this Agreement will be completely reimbursed through a grant received from the California Department of Justice for programs related to tobacco and smoking law enforcement and outreach.

12.
AMENDMENT NO. 2 TO AN AGREEMENT WITH MYDATT, INC., DBA BLOCK BY BLOCK FOR SAFETY AND HOSPITALITY AMBASSADOR SERVICES IN THE NOT- TO- EXCEED AMOUNT OF $1,500,000.00 PER FISCAL YEAR; AND

APPROVAL TO ISSUE A CHANGE PURCHASE ORDER IN THE AMOUNT OF $472,694.96 FOR A NOT-TO-EXCEED AMOUNT OF $1,100,000 FOR THE SERVICES DESCRIBED; AND

A ONE TIME APPROPRIATION OF $318,319.96 FROM THE GENERAL FUND TO SUPPORT ENHANCED AMBASSADOR SERVICES INCLUDING TEMPORARY BHUSD SAFETY MEASURES.

Comment: Staff recommends approval of the agreement and change purchase order with Mydatt, Inc., DBA Block by Block for safety and hospitality services. The Block By Block Beverly Hills Ambassador team provides 21 hour safety and hospitality services in the City's business triangle, S. Beverly Drive and other designated areas. Ambassadors provide permit, field and facility management at Beverly Hills High School and the three K-8 schools that have available fields and athletic facilities. Ambassadors assist residents, merchants, tourists and individuals in need.

13.
AMENDMENT NO. 5 TO AN AGREEMENT WITH MV TRANSPORTATION, INC. FOR THE MANAGEMENT, OPERATION AND MAINTENANCE OF THE CITY'S TRANSIT SERVICES; AND

APPROVAL OF A CHANGE PURCHASE ORDER TO MV TRANSPORATION, INC. IN THE AMOUNT OF $140,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $280,000 FROM TRANSPORTATION GRANT FUNDS.

Comment: Request to execute a two-month extension for continued operations of transit services for Beverly Hills seniors and disabled persons, trolley operations and special charters.

14.
AWARD OF A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, MINAKO AMERICA CORPORATION, DBA MINCO CONSTRUCTION, FOR THIRD STREET TOUR BUS AREA IMPROVEMENTS AND NEW RESTROOM FACILITY - BID# 18-62; AND

APPROVAL OF A CORRESPONDING CONTRACT IN THE NOT-TO EXCEED AMOUNT OF $990,550.00; AND

APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE NOT-TO-EXCEED AMOUNT OF $990,550.00; AND

APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR.

Comment: Staff recommends that City Council approve the award of contract for construction of a Tour Bus Station and Restroom Facility on Third Street to the lowest responsible bidder, Minako America Corporation, dba Minco Construction, for the project and find the project exempt from the California Environmental Quality Act.

15.
APPROPRIATION OF FUNDS FOR SHUTE, MIHALY & WEINBERGER AND BRYAN CAVE LEIGHTON PAISNER LLP IN THE AMOUNT OF $124,000 FOR SPECIAL COUNSEL SERVICES RELATED TO LITIGATION REGARDING THE METROPOLITAN TRANSPORTATION AUTHORITY'S WESTSIDE SUBWAY EXTENSION ; AND

APPROVAL OF A CHANGE PURCHASE ORDER IN THE AMOUNT OF $150,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $550,000 FOR FY 2017/18 WITH DAPEER, ROSENBLIT & LITVAK, LLP.

Comment: It is recommended that the City Council move to appropriate funds in the amount of $124,000; and approve a change purchase order in the amount of $150,000 for a total not to exceed amount of $550,000 for FY 2017/18 with Dapeer, Rosenblit & Litvak, LLP.

16.
A CONTINUATION OF DECLARATION THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES CERTAIN WORK TO BE PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 22035 AND 22050.

Comment: The City is managing a project to plug oil wells on Beverly Hills Unified School District property. Pursuant to Public Contract Code 22050, at each regularly scheduled meeting, City Council shall determine, by four-fifths vote, that there is a need to continue the project without competitive bidding until the project is completed.



E.
CITY COUNCIL PUBLIC HEARING


TO SET:

None
 

TO CONSIDER:

1.
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS ADOPTING CERTAIN FINDINGS AND AUTHORIZING EXECUTION OF AN ENERGY SERVICE CONTRACT WITH EXPRESS ENERGY SERVICES, INC. PURSUANT TO GOVERNMENT CODE SECTION 4217.10 ET SEQ; AND

APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND EXPRESS ENERGY SERVICES, INC. FOR THE PURCHASE AND INSTALLATION OF LIGHT EMITTING DIODE (LED) STREET LIGHT FIXTURES TO PRODUCE ENERGY SAVINGS FOR THE CITY OF BEVERLY HILLS; AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO A REQUIRED SOFTWARE LICENSE AGREEMENT WITH PHILIPS CORPORATION FOR CITYTOUCH SOFTWARE; AND

APPROPRIATING FUNDS IN THE AMOUNT OF $2,500,000 FROM AVAILABLE GENERAL FUND BALANCE THEREFOR; AND

APPROVAL OF A PURCHASE ORDER IN THE NOT TO EXCEED AMOUNT OF $5,105,294.64 TO EXPRESS ENERGY SERVICES, INC. FOR SERVICES AND PROCUREMENT OF MATERIALS TO REPLACE CITY-OWNED STREET LIGHTS TO LEDS.

Comment: Staff recommends City Council approve the resolution, agreements, and appropriation request and approve PO's specifically identified in this agenda report. Authorize the City Manager to enter into a required no fee software license agreement with Philips Corporation for CITYTOUCH Software to operate the lighting controls.



F.
CITY COUNCIL CONTINUED AND NEW BUSINESS

1.
A. MEMORANDUM OF AGREEMENT FOR THE WILSHIRE/RODEO STATION AND TUNNEL CONSTRUCTION OF THE METRO PURPLE LINE EXTENSION PROJECT - SECTION 2, BETWEEN THE CITY OF BEVERLY HILLS AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO), INCLUDING THE (i) CONTRACT OF SALE FOR THE ACQUISITION OF 9393 WILSHIRE BOULEVARD AND THE AIR RIGHTS OVER 9385 WILSHIRE BOULEVARD; (ii) TEMPORARY CONSTRUCTION EASEMENTS TO METRO OVER SUCH PROPERTIES; (iii) EXCLUSIVE NEGOTIATION AGREEMENT AND CONTINGENT OPTION TO PURCHASE FOR 8471 WILSHIRE BOULEVARD, 14 LA CIENEGA  BOULEVARD AND 9430 WILSHIRE BOULEVARD; AND (iv) AN ACCESS EASEMENT ACROSS 1940 CENTURY PARK EAST IN THE CITY OF LOS ANGELES; FIND THE AGREEMENT TERMS TO BE WITHIN THE SCOPE OF THE PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT; AND FIND THAT THE PROPERTY ACQUISITIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

B. PERMIT FOR THE WILSHIRE/RODEO STATION AND TUNNEL CONSTRUCTION ASSOCIATED WITH THE PURPLE LINE EXTENSION PROJECT, AND FIND THE PERMITTED ACTIVITIES TO BE WITHIN THE SCOPE OF THE PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT.

C. APPROPRIATION OF $4.69 MILLION EARMARKED FOR PROPERTY ACQUISITION IN THE GENERAL FUND.

D. DESIGNATE THE DIRECTOR OF PUBLIC WORKS AND THE CITY ENGINEER AS THE CITY REPRESENTATIVES, AS DEFINED IN THE PROPOSED MOA.

Comment: Staff recommends that the City Council approve the Memorandum of Agreement (MOA) for the Rodeo Station and Tunnel Construction including the contract of sale for 9393 Wilshire, the air rights over 9385 Wilshire, the temporary construction easements to Metro over these properties, exclusive negotiation agreement to purchase 8471 Wilshire, 14 La Cienega Boulevard and 9430 Wilshire Boulevard, and authorize staff to issue permits for the Rodeo station and tunnel construction associated with Section 2 of the Purple Line Extension Project and designate the Director of Public Works and the City Engineer as the City Representatives, as defined in the proposed MOA. The City Council will consider finding the MOA and Permit within the scope of the previously certified EIR/EIS, and the property acquisitions exempt from the California Environmental Quality Act.









G.
COMMISSION SYNOPSIS

1.
FINE ART COMMISSION - Regular Meeting of July 19, 2018
DESIGN REVIEW COMMISSION - Regular Meeting of August 2, 2018
PLANNING COMMISSION - Special Meeting of August 8, 2018
PLANNING COMMISSION - Regular Meeting of August 9, 2018




H.
OTHER BUSINESS



I.
ADJOURNMENT

The next City Council meeting is scheduled for September 17, 2018.
 
*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.