CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL REGULAR MEETING
September 20, 2022
7:00 p.m.
Pursuant to Government Code Section 54953(e)(3), members of the Beverly Hills City Council and staffmay 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 Dr. Hillel Newman, Consul General of Israel A. ROLL CALL
Present: Councilmember Nazarian, Councilmember Friedman, Councilmember Mirisch, Vice Mayor Gold, Mayor Bosse
Absent: None
Mayor Bosse held a moment of silence to honor the life of Mahsa Amini, an Iranian woman who tragically passed away due to injuries sustained from Iran’s Morality Police.
B. PRESENTATIONS
1. RECOGNITIONS
2. PROCLAMATIONS - Requested by Councilmember Nazarian, the City of Beverly Hills will commemorate and recognize the 50th Anniversary of the Munich Olympics and the senseless and tragic slaying of 11 members of the Israeli Olympics Team.
Mayor Bosse requested a moment of silence for the 11 members of the Israeli Olympics Team who were killed 50 years ago by a Terrorist group with ties to the Palestinian Liberation Organization Fatah Movement during the September 5, 1972Munich Olympic Games. iiVERLYJ
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City Council Regular Meeting Minutes
September 20, 2022
Mayor Bosse, along with the entire City Council, presented a Proclamation to Consul General Dr. Hillel Newman and Deputy Consul General Amit Mekel, and on behalf of the community, expressed heartfelt sympathy to Mimi Weinberg, the wife of one of the victims, Moshe Weinberg.
3. 60 SECOND SHOUT OUT -WEST
Mayor Bosse along with the entire City Council presented a shout out recognition to James Anderton, owner of WEST, which is located at 9528 Santa Monica Blvd.
4. 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 BHPDaIert to 888777 if interested toreceive text alerts from the Beverly Hills Police Department.
C. ORAL COMMUNICATIONS
TELEPHONE CALL-IN: (310) 288-2288
Members of the public are invited to listen to the meeting telephonically or share oralcommunications on this phone line.
1. llona Sherman re: water restrictions
2. AUDIENCE COMMENTS. Any person wishing to address the City Council on any matter on the agenda may do so through email or in-person. However, the Stateopen 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.
Speakers:
1. Nooshin Meshkaty re: Iranian affairs
2. David Gingold re: recent commission meeting
3. Michael Hakim re: parking issues
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS None
City Council Regular Meeting Minutes
September 20, 2022
4. REPORT FROM THE CITY MANAGER
None
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS
None
D. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councilmember Wunderlich, seconded by Councilmember Mirisch to remove items D-4 and D-5 for discussion and separate vote, approve the remainingitems 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 September 2 - September 15, 2022.
ITEM D-1: APPROVED
2. PAYROLL DISBURSEMENT REPORT, covering dates September 2 - September 15, 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 TAX
PENALTIES AND INTEREST. Second Reading - For Adoption
Comment: This ordinance will repeal the business tax regulation waiving interest and penalties on outstanding business taxes.
ITEM D-3: ADOPTED ORD# 22-0-2863
4. TO AMEND BEVERLY HILLS MUNICIPAL CODE SECTIONS RELATED TO
MEDICAL USE REGULATIONS APPLICABLE TO CERTAIN COMMERCIAL ZONES IN THE CITY. Second Reading -For Adoption
City Council Regular Meeting Minutes
September 20, 2022
Comment: This ordinance will replace and adopt the regulations of the Medical Conversion Urgency Ordinance (Urgency Ordinance No. 20-0-2826), per the direction of the City Council. The ordinance also finds the project categoricallyexempt from CEQA pursuant to Sections 15061(b)(3) and 15305 of Title 14 of the California Code of Regulations.
Speaker:
1. David Gingold
MOVED by Councilmember Friedman, seconded by Councilmember Nazarian to approve item D-4 as follows:
AMEND BEVERLY HILLS MUNICIPAL CODE SECTIONS RELATED TO
MEDICAL USE REGULATIONS APPLICABLE TO CERTAIN
COMMERCIAL ZONES IN THE CITY
Ayes: Councilmember Wunderlich, Councilmember Friedman, Vice Mayor Gold, and Mayor Bosse
Noes: Councilmember Mirisch
CARRIED
ITEM D-4: ADOPTED ORD# 22-0-2864
5. AMENDING BEVERLY HILLS MUNICIPAL CODE AS IT RELATES TO THE
MAXIMUM ALLOWABLE HEIGHTS FOR WALLS, FENCES, AND HEDGES INCERTAIN SINGLE-FAMILY AND ALL MULTI-FAMILY RESIDENTIAL AREAS OF THE CITY. Second Reading - For Adoption
Comment: Please replace the comment with the following: “This ordinance increases the maximum allowable height of walls, fences, and hedges in singlefamily zones in the Central Area and multi-family zones in the Central Area. The ordinance also finds 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 from the item due to the unusual impact that this item has on her home.
MOVED by Councilmember Friedman, seconded by Councilmember Nazarian to approve item D-4 as follows:
AMENDING BEVERLY HILLS MUNICIPAL CODE AS IT RELATES TO
THE MAXIMUM ALLOWABLE HEIGHTS FOR WALLS, FENCES, AND
HEDGES IN CERTAIN SINGLE-FAMILY AND ALL MULTI-FAMILYRESIDENTIAL AREAS OF THE CITY Ayes: Councilmember Friedman, Councilmember Mirisch, Vice Mayor Gold, and Mayor Bosse
Noes: None
Recused: Councilmember Nazarian
City Council Regular Meeting Minutes
September 20, 2022
CARRIED
ITEM D-5: ADOPTED ORD# 22-0-2865Councilmember Nazarian returned to the dais.
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
None
APPROVAL OF:
6. DEED RESTRICTION FOR ROXBURY PARK AS PART OF THE APPLICATION FOR THE STATE OF CALIFORNIA’S PER CAPITA GRANT FUNDS PROGRAM.
Comment: Staff recommends City Council approval of the Deed Restriction as part of the application for Per Capita Grant funds from the State Department of Parks and Recreation as previously approved by Council on December 7, 2021.
ITEM D-6: APPROVED
7. AGREEMENT WITH RINCON CONSULTANTS INC. FOR THE PREPARATION OF
ENVIRONMENTAL DOCUMENTATION AND RELATED CONSULTING SERVICES FOR THE PROPOSED 9600 WILSHIRE BOULEVARD SPECIFIC PLAN (SAKSPROJECT); AND
APPROVAL OF PURCHASE ORDER IN THE NOT-TO-EXCEED AMOUNT OF $603,994.95 FOR CONSULTING SERVICES.Comment: Staff recommends that the City Council approve an agreement between the City of Beverly Hills and Rincon Consultants, Inc. and authorization of a purchase order in the not-to-exceed amount of $603,994.95 for consulting services to prepareenvironmental documentation for the proposed 9600 Wilshire Blvd Specific Plan. Allcosts associated with the preparation of environmental documents will be borne by the project applicant.
ITEM D-7: APPROVED, AG# 580-22
8. AGREEMENT WITH VITAL MEDICAL SERVICES, LLC FOR MEDICAL SERVICES IN THE CITY’S JAIL AND FIELD, MEDICAL DIRECTIVE OVERSIGHT ANDNARCAN ADMINISTRATION; AND APPROVAL OF A PURCHASE ORDER FOR FISCAL YEAR 2022-2023 IN THE TOTAL NOT TO EXCEED AMOUNT OF $277,200.
Comment: Staff recommends that the City Council approve an agreement between the City of Beverly Hills and Vital Medical Services, LLC for medical services in the City’s jail and field, medical directive oversight and Narcan administration. Staff also City Council Regular Meeting Minutes
September 20, 2022
recommends the approval of a purchase order for Fiscal Year 2022-2023 in the totalnot to exceed amount of $277,200.
ITEM D-8: APPROVED, AG# 581-22
9. AUTHORIZE CITY MANAGER TO APPROVE AN AGREEMENT WITH COAST
CITIES HEALTHY VENDING LLC FOR INSTALLATION, SERVICING, AND STOCKING OF VENDING MACHINES AT CERTAIN CITY FACILITIES.
Comment: Staff recommends that the City Council authorize City Manager toapprove an agreement with Coast Cities Healthy Vending LLC for installation,servicing and stocking of vending machines at certain city facilities ITEM D-9: APPROVED
10. REBRANDING OF BEVERLY HILLS ART SHOW OUTREACH AND COMMUNITY ENGAGEMENT AND;
APPROVAL OF A GENERAL FUND APPROPRIATION OF $26,109.
Comment: Staff recommends that City Council move to approve an appropriation of$26,109 from the General Fund for a rebranding of Beverly Hills Art Show outreachand community engagement including, but not limited to street pole banners, signage, advertisements and elevator clings.ITEM D-1O: APPROVED
11. AWARD OF A CONTRACT TO THE SOLE RESPONSIBLE BIDDER, PALP INC DBA
EXCEL PAVING COMPANY, FOR THE PEDESTRIAN CROSSING
IMPROVEMENTS PROJECT WITHIN THE CITY OF BEVERLY HILLS,
CALIFORNIA, IN THE AMOUNT OF $3,088,285.00; AND
APPROVAL OF THE PLANS AND SPECIFICATIONS THEREFOR WITH RESPECT TO DESIGN CRITERIA; AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $3,397,113.50 TO
PALP INC DBA EXCEL PAVING COMPANY FOR THE PROJECT WHICH INCLUDES A CONTINGENCY OF $308,828.50; 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.
Comment: Staff recommends City Council move to approve the award of a contract to the sole responsible bidder, PALP INC dba Excel Paving Company, for the mid block crossing improvements at five locations in the amount of $3,088,285.00; approve the plans and specifications for the project with respect to design criteria;approve a construction contingency of 10% in the amount of $308,828.50; approve the issuance of a purchase order to PALP INC dba Excel Paving Company in the amount of $3,397,113.50 and pursuant to the provisions of the California City Council Regular Meeting Minutes
September 20, 2022
Environmental Quality Act (CEQA), City Council will also consider finding the project exempt from further review under CEQA.
Speaker:
1. David Gingold
ITEM D-11: APPROVED, AG# 582-22
12. ACCEPTANCE OF THE CONTRACT WORK FOR THE WATERPROOFING AND CONCRETE SLAB REPAIRS AT 221 N. CRESCENT DRIVE, 438 N. BEVERLY DRIVE/ 439 N. CAFiON DRIVE AND SANTA MONICA 3 PARKING STRUCTURES, WITH SLATER WATERPROOFING, INC., IN THE FINAL AMOUNT OF $2,922,407.66; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
Comment: Staff recommends approval of acceptance of the described contract work and authorization of the City Clerk to record Notice of Completion.
ITEM D-12: APPROVED
13. A. WITHDRAW THE CONTRACT AWARDED TO SYBLON REID
CONSTRUCTION, INC. ON SEPTEMBER 12, 2022
B. AWARD OF A CONTRACT TO SYBLON REID, FOR THE OUTDOOR
WARNING SIREN SYSTEM WITHIN THE CITY OF BEVERLY HILLS,
CALIFORNIA, IN THE 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 (INCLUDING A 6% %CONTINGENCY) TO SYBLON REID, FOR THE
PROJECT; ANDPURSUANT TO THE PROVISIONS OF THE CALIFORNIAENVIRONMENTAL QUALITY ACT (CEQA), THE CITY COUNCIL WILL
ALSO CONSIDER FINDING THE PROJECT EXEMPT FROM FURTHER
REVIEW UNDER CEQA.
Comment: Staff recommends that City Council move to withdraw the offer of contract for the Outdoor Warning Siren System with the entity “Syblon Reid Construction, Inc.”, and award a contract with the proper entity “Syblon Reid.” ITEM D-13 APPROVED, AG# 583-22
City Council Regular Meeting Minutes
September 20, 2022
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. GENERAL PLAN AMENDMENT, SPECIFIC PLAN, ZONE TEXT AND MAP
AMENDMENTS, MASTER PLAN OF STREETS AMENDMENT, ENCROACHMENTAGREEMENT, DEVELOPMENT AGREEMENT AND FINAL ENVIRONMENTAL IMPACT REPORT FOR A NEW SPECIFIC PLAN PROJECT. APPEAL OF
PLANNING COMMISSION CONDITIONAL APPROVAL OF A VESTING
TENTATIVE PARCEL MAP FOR THE PROJECT. THE PROJECT IS A NEW
MULTIPLE USE BUILDING CONTAINING A LUXURY HOTEL WITH
RESTAURANTS AND ANCILLARY SERVICES, A PRIVATE CLUB, AND STREETLEVEL RETAIL USES WITH NORTH RODEO DRIVE FRONTAGE. (CHEVAL BLANC BEVERLY HILLS SPECIFIC PLAN PROJECT) - 456 AND 468 NORTHRODEO DRIVE; 449, 451 AND 453 NORTH BEVERLY DRIVE; AND 461 THROUGH 465 NORTH BEVERLY DRIVE.
Comment: The City Council shall consider: a) certification of the Project’s Final Environmental Impact Report under the California Environmental Quality Act; b) approval of a General Plan Amendment, Master Plan of Streets Amendment, andZone Text and Map Amendments; c) approval of the Specific Plan andencroachment agreements; and d) an appeal of the Planning Commission’sconditional approval of a Vesting Tentative Parcel Map, contingent on the City Council’s approval of the rest of the Project entitlements.Councilmembers entered into the record any communications or other information not currently in the record regarding the item.
Director of Community Development Ryan Gohlich introduced City Project Planner Masa Alkire who presented information related to the item.
Speakers:
1. Julie Wagner, CEO, BHCVB
2. Dar Mahboubi
3. Franny Rennie
4. David Lewis
5. Vicky Mense
City Council Regular Meeting Minutes
September 20, 2022
6. Todd Johnson, Beverly Hills Chamber of Commerce
Video Comments:
1. Tern Smooke
2. Joseph Fuchs
Applicant:
1. Anish Melwani, Chairman/CEO, LVMH, North America
2. Peter Marino, Project Design Architect
Appellant:
1. Jordan Sisson, Unite Here Local 11
Speaker:
1. Nooshin Meshkaty
Written Comments Read into the Record:
1. Toni Corwin, Rose Kaiserman, Lisa Redston Kay Schwartz, Mark Schwartz, Olivia and Freddy Wexler
2. Amy and Joey Behrstock, Gina and Peter Garland, Hope Levy-Biehl, Laurie and Todd Okum, Arnie and Dean Sherry, Nancy and Howard Sunkin
3. May and Richard Ziman
4. Steven Gordon, Wally Marks, and Bruce Meyer
Deborah Quick of Perkins Coie, LVMH’s counsel for the project, provided rebuttal on behalf of the applicant.
Jordan Sisson of Unite Here Local 11 provided rebuttal on behalf of the appellant.
Council provided their questions and comments.
City Project Planner Masa Alkire, Anish Melwani of LVMH, Deborah Quick on behalf of LVMH, Jordan Sisson on behalf of Unite Here Local 11, Director of Community Development Ryan Gohlich, Project Design Architect Peter Marino responded to Council questions.
MOVED by Vice Mayor Gold, seconded by Councilrnember Nazarian to approve item E-1 as follows:
THAT THE CITY COUNCIL DIRECT STAFF TO PREPARE
RESOLUTIONS OF FINDINGS TO CERTIFY THE EIR, APPROVE THE
SPECIFIC PLAN AND ENCROACHMENT AGREEMENT, AND TO DENY
THE APPEAL
Ayes: Councilmember Nazarian, Councilmember Friedman, Vice Mayor Gold, and Mayor Bosse
Noes: Councilmember Mirisch
CARRI ED
City Council Regular Meeting Minutes
September 20, 2022
ITEM E-1: APPROVED, PENDING REWEW AND APPROVAL OF THE
DEVELOPMENT AGREEMENT THAT PROWDES FOR APPROPRIATE PUBLICBENEFIT, ITEM WILL BE BROUGHT BACK TO CITY COUNCIL AT THE OCTOBER 11, 2022 MEETING
F. CITY COUNCIL CONTINUED AND NEW BUSINESS
None
G. COMMISSION SYNOPSIS
1. HUMAN RELATIONS COMMISSION -Regular Meeting of July 21, 2022 PUBLIC WORKS COMMISSION - Special Meeting of August 31, 2022 ITEM G-1: NO ACTION TAKEN
H. OTHER BUSINESS
None
I. ADJOURNMENT
The next regular City Council meeting is scheduled for Tuesday, October II, 2022.There being no further business, Mayor Bosse, with the consent of the City Council, adjourned the meeting at 11:46 p.m. on Tuesday, September 20, 2022.
PASSED, Approved and Adopted
this 1 8th day of July, 2023
6/4M1EM
HUMA AHMED, City Clerk
JULIAN A. GOLD, M.D., MAYOR
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTVIO Spectrum Cable.