CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL ADJOURNED REGULAR MEETING
September 12, 2022
7:00 p.m.
Pursuant to Government Code Section 54953(e)(3), members of the Beverly Hills City Council and staff may participate in this meeting via teleconference/video conference. In the interest of maintaining appropriate social distancing, members of the public can access City Council meetings telephonically, through live webcast, and BHTV Channel 10 on Spectrum Cable.
City Council 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.
The City Council may act on any item listed on the agenda.
The City Council Regular Meeting was called to order by Mayor Bosse at 7:00 p.m.
PLEDGE OF ALLEGIANCE led by Mary Wells, Board President, BHUSD A. ROLL CALL
Present: Councilmember Nazarian, Councilmember Friedman, Mirisch, Vice Mayor Gold, Mayor Bosse
Absent: None
Mayor Bosse held a moment of silence in honor of Elizabeth II, Queen of the United Kingdom, who passed away on September 8, 2022 at 96-years of age.
Mayor Bosse spoke about the Queen’s impact on the United Kingdom and the world.
B. PRESENTATIONS
1. RECOGNITION OF PAST COMMISSIONERS
- Planning Commission: Andy Licht- Planning Commission: Thomas C. Hudnut Mayor Bosse, along with the entire City Council, recognized and presented plaques to former Planning Commissioners Andy Licht and Thomas C. Hudnut.
Councilmember
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“HILLS...’
The City Council thanked both former Commissioners for their service to the City.
City Council Adjourned Regular Meeting Minutes
September 12, 2022
2. 60 SECOND SHOUT OUT — Pompadour
Mayor Bosse, along with the entire City Council, presented a certificate of recognition to Mr. Rani el Saadi, owner of Pompadour.
Pompadour is a new pastry shop located at 9466 Charleville Blvd.
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 “BHPDaIert” to 888777. Text alerts will keep you informed of any Police activity within the City.Councilmember Friedman announced that text messages on any City-related topic may be sent to (310) 596-4265, and to text BHPDalert to 888777 if interested toreceive text alerts from the Beverly Hills Police Department.
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.
None
2. AUDIENCE COMMENTS. Any person wishing to address the City Council on any matter not on the agenda may do so through email or in-person. However, the State open meetings law (Government Code Section 54950 et seq.) prohibits the CityCouncil 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 email or provide an in-person speaker card to the City Clerk prior to or during the meeting. Please limit your email remarks to three (3) minutes in length (350 words) that can be read, so others may have the opportunity to participate as well.
1. Barry and Marilyn Hinden re: drought tolerant landscaping
2. Raymond Czar re: business operations3. David Gingold re: historical properties
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS None
4. REPORT FROM THE CITY MANAGER
City Manager George Chavez introduced Public Works Director Shana Epstein, who provided an update on the power outage that began on September 9.
City Council Adjourned Regular Meeting Minutes
September 12, 2022
Director Epstein provided information received from Southern California Edison regarding the power outage, updated the Council on efforts and improvements that SCE will be making to prevent future outages, and provided a customer service telephone number that residents who suffered damages during the outage could callto file a claim. Council unanimously requested that SCE representatives attend the next City Council meeting to further discuss this issue.
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS
Councilmember Mirisch reported on the League of California Cities AnnualConference that he attended last week.
D. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councilmember Friedman, seconded by Councilmember Mirisch to remove item D-5 for discussion and separate vote, approve the remaining items on the City Council consent calendar, and direct that the appropriate accounts be charged on Items D-1 and D-2.
Minutes
None
Demands Paid
1. REVIEW OF BUDGETED DEMANDS PAID, covering dates August 17 — September 1,2022.
ITEM D-1: APPROVED
2. PAYROLL DISBURSEMENT REPORT, covering dates August 17 — September 1, 2022.ITEM D-2: APPROVED
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
3. AMENDING ORDINANCE NO. 20-0-2818 IN CONNECTION WITH EMERGENCY REGULATIONS RELATED TO THE SUSPENSION OF BUSINESS TAXPENALTIES AND INTEREST. First Reading - For Introduction.
Comment: Consideration and review of draft ordinance to repeal the business tax regulation waiving interest and penalties on outstanding business taxes.
City Council Adjourned Regular Meeting Minutes
September 12, 2022
ITEM D-3: INTRODUCED AND READ BY TITLE ONLY, ADVANCE TO THEMEETING OF SEPTEMBER 20, 2022 FOR ADOPTION RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
4. TO SUPPORT THE DELTA CONVEYANCE PROJECT.
Comment: It is recommended that City Council adopt a resolution in support of the Delta Conveyance Project.
ITEM D-4 ADOPTED: RES #22-R-1 3423
APPROVAL OF:
5. SALARY SCHEDULE; AND
APPROVAL OF AN APPROPRIATION OF $197,600 FROM VARIOUS FUNDS.
Comment: Staff recommends that the City Council approve the City-Wide SalarySchedule to reflect changes resulting from previously negotiated COLA increases, reclassification processes and department reorganization.
ITEM D-5: PULLED FROM THE AGENDA FOR CORRECTIONS AND WILLRETURN FOR CONSIDERATION A TA FUTURE MEETING.
6. LICENSE AGREEMENT WITH CAMDEN 1, LLC, CAMDEN 2, LLC, CAMDEN 3, LLC, CAMDEN 4, LLC, AND CAMDEN 5, LLC, FOR USE OF ROOFTOP AT 433NORTH CAMDEN DRIVE Comment: Staff recommends City Council approve a license agreement by and between the City of Beverly Hills and Camden 1, LLC, Camden 2, LLC, Camden 3,LLC, Camden 4, LLC, and Camden 5, LLC for the use of rooftop space at 433 North Camden Drive.
ITEM D-6: APPROVED, AG# 565-22
7. AGREEMENT WITH FARO TECHNOLOGIES, INC. FOR CRIME SCENE RECONSTRUCTION EQUIPMENT, MAINTENANCE AND RELATED TRAINING OFNEW EQUIPMENT AND CURRENT SOFTWARE; AND APPROVAL OF A PURCHASE ORDER TO FARO TECHNOLOGIES, INC. FOR A TOTAL NOT TO EXCEED AMOUNT OF $125,000.00 FOR THE PURCHASE OF
CRIME SCENE RECONSTRUCTION EQUIPMENT, MAINTENANCE AND
RELATED TRAINING OF NEW EQUIPMENT AND CURRENT SOFTWARE.
Comment: Staff recommends that the City Council approve an agreement between the City of Beverly Hills and Faro Technologies, Inc.; and a purchase order to FaroTechnologies, Inc. for a total not to exceed amount of $125,000.00 for the purchase of crime scene reconstruction equipment, maintenance and related training of new equipment and current software.
City Council Adjourned Regular Meeting Minutes
September 12, 2022
ITEM D-7: APPROVED, AG# 566-22
8. AMENDMENT OF LEASE WITH UMRO REALTY CORP. DBA THE AGENCY AT 331 FOOTHILL ROAD.
Comment: Staff recommends City Council approve the Amendment of Lease by and between the City of Beverly Hills and UMRO Realty Corp. DBA The Agency at 331 Foothill Road.
ITEM D-8: APPROVED, AG# 567-22
9. A. AWARD OF A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, SYBLON REID CONSTRUCTION, INC., FOR THE OUTDOOR WARNING SIREN SYSTEM WITHIN THE CITY OF BEVERLY HILLS, CALIFORNIA, INTHE AMOUNT OF $1,370,000; AND
APPROVAL OF THE PLANS AND SPECIFICATIONS THEREFOR WITH
RESPECT TO DESIGN CRITERIA; AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $1,452,200 TO SYBLON REID CONSTRUCTION, INC., FOR THE PROJECT; AND
PURSUANT TO THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA), THE CITY COUNCIL WILL ALSO CONSIDER FINDING THE PROJECT EXEMPT FROM FURTHER REVIEW UNDER CEQA.
B. APPROVAL OF AMENDMENT NO. 2 TO AN AGREEMENT WITH MISSION
CRITICAL PARTNERS, LLC FOR PROFESSIONAL DESIGN SERVICES RELATED TO THE CITY-WIDE SIREN SYSTEM; AND
APPROVAL OF AN INCREASE TO THE PURCHASE ORDER IN THE AMOUNT OF $153,678 FOR THE CORRESPONDING AGREEMENT.
Comment: A. Approve the award of a contract to the lowest responsible bidder Syblon Reid Construction, Inc., for the outdoor warning siren system in the amount of $1,370,000; approve the plans and specifications for the project with respect to design criteria; approve a construction contingency of 6% (for a total not to exceed amount of $1,452,200) and delegate the authority to approve change orders within the Council approved purchase order amount to the Director of Public Works and Transportation; and approve the issuance of a purchase order to Syblon Reid Construction, Inc., in the amount of $1,452,200, and pursuant to the provisions of theCalifornia Environmental Quality Act (CEQA), City Council will also consider finding the project exempt from further review under CEQA.
B. Approve Amendment No. 2 to Agreement No. 03-20 with Mission Critical Partners,LLC (MCP) for additional professional services related to the outdoor warning siren system; and approve to increase the purchase order in the amount of $153,678.
ITEM D-9: APPROVED, SYBLON REID CONSTRUCTION, INC. -AG #568-22,MISSION CRITICAL PARTNERS, LLC -AG #569-22 City Council Adjourned Regular Meeting Minutes
September 12, 2022
10. REJECTION OF ALL BIDS RECEIVED FOR THE ROBERTSON BOULEVARD
SIDEWALK IMPROVEMENT PROJECT AND AUTHORIZE STAFF TO REBID THE PROJECT.
Comment: Staff recommends City Council reject all bids received for the Robertson Boulevard Sidewalk Improvement Project and direct staff to rebid the project.
ITEM D-1O: APPROVED
Vote on the City Council Consent Calendar:
Ayes: Councilmember Nazarian, Councilmember Friedman, Councilmember Mirisch, Vice Mayor Gold, and Mayor Bosse.
Noes: None.
CARRIED
E. CITY COUNCIL PUBLIC HEARING
TO SET:
None
TO CONSIDER:
1. AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND BEVERLY HILLS
MUNICIPAL CODE SECTIONS RELATED TO MEDICAL USE REGULATIONS APPLICABLE TO CERTAIN COMMERCIAL ZONES IN THE CITY.
Comment: A draft ordinance to replace and adopt the regulations of the MedicalConversion Urgency Ordinance (Urgency Ordinance No. 20-0-2826), per thedirection of the City Council. The City Council will also consider a recommendation to find the project categorically exempt from CEQA pursuant to Sections 15061(b)(3) and 15305 of Title 14 of the California Code of Regulations.
City Planner Timothea Tway presented information related to this item.
Speakers:
1. Paul Schneider
2. Richard Gottlieb
3. Mark Egerman (representing the owner of 9735 Wilshire BIvd/462 N. Linden)
4. Nicole Delijani
5. David Gingold
Video Public Comment:
1. Micheal Geller
2. Greg Sefain, Beverly Hills Chamber of Commerce
City Council Adjourned Regular Meeting Minutes
September 12, 2022
Written Public Comments Read into the Record:
1. Dr. Armand Newman
2. Benjamin ReznikCouncil provided their questions and comments.City Planner Timothea Tway, Director of Community Development Ryan Gohlich,and Principal Planner Cindy Gordon, Mark Egerman, and Myra Demeter responded to Council questions.
MOVED by Vice Mayor Gold, seconded by Councilmember Friedman to adopt item E-2 as follows:
THAT THE FULL READING OF THE ORDINANCE BE WAIVED ANDTHE ORDINANCE ENTITLED “AN ORDINANCE OF THE CITY OF
BEVERLY HILLS TO AMEND BEVERLY HILLS MUNICIPAL CODE
SECTIONS RELATED TO MEDICAL USE REGULATIONS
APPLICABLE TO CERTAIN COMMERCIAL ZONES IN THE CITY” BE
INTRODUCED AND READ BY TITLE ONLY AND THAT THE
ORDINANCE BE FOUND EXEMPT FROM CEQA, AS AMENDED
Ayes: Councilmember Nazarian, Councilmember Friedman, Vice Mayor Gold, and Mayor Bosse
Noes: Councilmember Mirisch
CARRIED
ITEM E-1: ADOPTED AS AMENDED, ORD #22-0-2864
2. AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND BEVERLY HILLS
MUNICIPAL CODE SECTIONS RELATED TO THE MAXIMUM ALLOWABLEHEIGHTS FOR WALLS, FENCES, AND HEDGES IN CERTAIN SINGLE-FAMILY AND ALL MULTI-FAMILY RESIDENTIAL AREAS OF THE CITY; AND
CONSIDERATION OF A RECOMMENDATION TO FIND THE PROJECT
CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO SECTIONS 15061(B) (3) AND 15305 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS.
Comment: Per the direction of the City Council and based on the recommendation of the Planning Commission, adopt an Ordinance increasing the maximum allowable height of walls, fences, and hedges in single-family zones in the Central Area andmulti-family zones in the Central Area. The City Council will also consider arecommendation to find the project categorically exempt from CEQA pursuant to Sections 15061 (b)(3) and 15305 of Title 14 of the California Code of Regulations.Councilmember Nazarian recused herself due to a possible conflict of interest.City Planner Timothea Tway presented information related to this item.Speakers:
City Council Adjourned Regular Meeting Minutes
September 12, 2022
1. Sally Sherman
2. David Gingold
Written Public Comments Read into the Record:
1. Karen Platt and Shahram Melamed
2. Darian BojeauxCouncil provided their questions and comments.
City Planner Timothea Tway and Director of Community Development Ryan Gohlich responded to Council questions.
MOVED by Councilmember Mirisch, seconded by Councilmember Friedman to adopt item E-2 as follows:
WAIVE READING OF THE ORDINANCE OF THE CITY OF BEVERLY
HILLS TO AMEND BEVERLY HILLS MUNICIPAL CODE SECTIONSRELATED TO THE MAXIMUM ALLOWABLE HEIGHTS FOR WALLS,FENCES, AND HEDGES IN CERTAIN SINGLE-FAMILY AND ALLMULTI-FAMILY RESIDENTIAL AREAS OF THE CITY Ayes: Councilmember Friedman, Councilmember Mirisch, Vice Mayor Gold, and Mayor Bosse
Noes: NoneRecuse: Councilmember Nazarian
CARRI ED
ITEM E-2: ADOPTED, ORD #22-0-2865
3. CONSIDERATION OF A CONTINUANCE REQUEST RELATED TO THE APPEAL HEARING SCHEDULED FOR OCTOBER 11, 2022 TO CONSIDER THE
PLANNING COMMISSION’S AUGUST 26, 2021 DECISION DENYING A HISTORICINCENTIVE PERMIT TO ALLOW WAIVERS OR DEVIATIONS FROM THE BEVERLY HILLS MUNICIPAL CODE FOR THE PROPERTY LOCATED AT 910NORTH BEDFORD DRIVE.
Comment: On August 26, 2021, the Planning Commission adopted a resolution denying a Historic Incentive Permit to allow certain waivers/deviations from the Beverly Hills Municipal Code for the property located at 910 North Bedford Drive. An appeal of this decision has been timely filed seeking City Council approval to allowcertain waivers/deviations from the Beverly Hills Municipal Code, and appeal fees have been paid. On October 26, 2021, the City Council set the appeal hearing for the first meeting in April 2022, which was subsequently continued to October 11, 2022 at the request of the property owner. However, the property owner has submitted a second request to continue the appeal hearing for an additional six month period in order to provide additional time to explore alternative design options.City Planner Timothea Tway introduced Principal Planner Cindy Gordon who presented information related to this item.
City Council Adjourned Regular Meeting Minutes
September 12, 2022
Council provided direction to staff.
ITEM E-3: BY ORDER OF THE CHAIR, ABSENT OBJECTION, THE MATTER IS CONTINUED TO THE FIRST CITY COUNCIL MEETING IN APRIL 2023 F. CITY COUNCIL CONTINUED AND NEW BUSINESS
1. REQUEST BY MAYOR BOSSE TO CONTINUE THE DISCUSSION ON THE FORMATION OF A LOCAL PUBLIC HEALTH DEPARTMENT.
Comment: On December 1, 2020, then Councilmember Bosse requested, and theCity Council unanimously supported, exploring the creation of a local public healthdepartment. At the request of Mayor Bosse, this report will provide information to,and request direction from, the City Council on creating a public health department.
Policy and Management Analyst Cindy Owens presented information related to thisitem.
Speaker:
1. David Gingold
Council provided their questions and direction.
Policy and Management Analyst Cindy Owens responded to Council questions.
ITEM F-I: COUNCIL DIRECTED STAFF TO CONTINUE
GATHERING INFORMATION ON THE POSSIBILITY OF
FORMING A LOCAL PUBLIC HEALTH DEPARTMENT
G. COMMISSION SYNOPSIS
1. RENT STABILIZATION COMMISSION -Regular Meeting of August 3, 2022 TRAFFIC AND PARKING COMMISSION -Regular Meeting of August 4, 2022ARTS AND CULTURE COMMISSION -Regular Meeting of August 9, 2022 PUBLIC WORKS COMMISSION -Regular Meeting of August 11, 2022HEALTH AND SAFETY COMMISSION -Regular Meeting of August 22, 2022PLANNING COMMISSION -Regular Meeting of August 25, 2022 ITEM G-I: NO ACTION TAKEN
H. OTHER BUSINESS
None
ADJOURNMENT
City Council Adjourned Regular Meeting Minutes
September 12, 2022
The next regular City Council meeting is scheduled for Tuesday, September 20, 2022.There being no further business, Mayor Bosse, with the consent of the City Council adjourned the meeting at 11:05 p.m.
PASSED, Approved and Adopted
this 27th day of June, 2023
HUMA AHMED, City Clerk
JULIA A. GOLD, M. ., MAYOR
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTVIO Spectrum Cable.