A detailed City Council packet is available for review in the Library and City Clerk's Office.
Pursuant to the Americans with Disabilities Act, the City of Beverly Hills will make reasonable efforts to accommodate persons with disabilities. If you require special assistance, please call (310) 285-2400 (voice) or (310) 285-6881 (TTY). Providing at least
forty-eight (48)
hours advance notice will help to ensure availability of services. City Hall, including the Council Chamber and Room 280A, is wheelchair accessible. The City Hall Council Chamber and Room 280A are also equipped with audio equipment for the hearing impaired.
CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills,
CA
90210
AGENDA
CITY COUNCIL ADJOURNED REGULAR MEETING AND PARKING AUTHORITY MEETING September 12, 2023
7:01 PM*
Please be advised that pre-entry metal detector screening requirements are now in place at City Hall. Members of the public are requested to plan visits accordingly.
Members of the public may participate in the meeting by attending in-person or telephonically, and may view the meeting through live webcast or BHTV Channel 10 on Spectrum Cable.
City Council/Parking Authority 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.
Public Comment Participation:
- Oral Comment/Listen only: (310) 288-2288
- Email: [email protected]
- Video (during public comment only): http://beverlyhills.org/comment
- To Watch Video Live: http://beverlyhills.org/live or
On-Demand: http://beverlyhills.org/citycouncilmeetings
- In-Person: Submit a Speaker Card to the City Clerk at the meeting
How to Submit Public Comment (Email/Video):
It is recommended that public written comments be submitted to the City Clerk’s office by 12:00 p.m. on the meeting date. Public comments will also be taken during the meeting when the topic is being reviewed by the City Council/Parking Authority. Written comments should identify the Agenda Item Number or Topic in the subject line of the email. The City Clerk will read only the first three minutes (approximately 350 words) of a written comment. In the event of a large number of written comments on one item, written comments may be summarized by the City Clerk’s Office. The entire written comment shall be archived in full as part of the record.
If a comment is received after the agenda item is heard, it will not be a part of the record. Public comment via video conference will be no longer than three (3) minutes per each individual comment, subject to City Council discretion based on the anticipated length in the meeting. In-person speaker cards may be submitted to the City Clerk directly during the meeting.
The City Council/Parking Authority may act on any item listed on the agenda.
PLEDGE OF ALLEGIANCE
A.
ROLL CALLS
B.
PRESENTATIONS
1. PEOPLE HELPING PEOPLE – Dream Street Foundation
2. CERTIFICATE OF APPOINTMENT - Public Works Commission (Homayoon "Mark" Nehoray)
3. CERTIFICATE OF APPOINTMENT - John "JR" Dzubak, Jr. (Recreation and Parks Commission)
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 “BHPDalert” to 888777. Text alerts will keep you informed of any Police activity within the City.
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.
2. AUDIENCE COMMENTS. Any person wishing to address the City Council/Parking Authority on any matter may do so in writing, through email or in-person. However, the State open meetings law (Government Code Section 54950 et seq.) prohibits the City Council/Parking Authority 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/Parking Authority at this time, please email or provide an in-person speaker card to the City Clerk prior to or during the meeting. The City Clerk will read only the first three minutes (approximately 350 words) of a written comment. In the event of a large number of written comments on one item, written comments may be summarized by the City Clerk’s Office. The entire written comment shall be archived in full as part of the record. Public comment via video conference or in-person will be no longer than three (3) minutes per each individual comment, subject to City Council discretion based on the anticipated length in the meeting.
WRITTEN PUBLIC COMMENTS RECEIVED
D.
PARKING AUTHORITY CONSENT CALENDAR
Any item may be removed from the Consent Calendar by a member of the Parking Authority or by a person in attendance, with the concurrence of the Parking Authority.
FISCAL IMPACT REPORT
MOTION TO APPROVE CONSENT AGENDA:
“I move the adoption of the Consent Agenda, as follows” Minutes
1. CONSIDERATION OF THE MINUTES of the Parking Authority Meeting of November 15, 2022.
Item D-1
2. CONSIDERATION OF THE MINUTES of the Parking Authority Meeting of December 6, 2022.
Item D-2
Other Business
APPROVAL OF:
3. AGREEMENT WITH JPMORGAN CHASE BANK, N.A. FOR COMMERCIAL BANKING SERVICES AND COMMERCIAL CARD SERVICES.
Staff recommends the Parking Authority approve an agreement between City of Beverly Hills, Parking Authority, and JP Morgan Chase Bank, N.A. for comprehensive banking services.
Item D-3 Agenda Report
4. SECOND AMENDMENT OF LEASE BY AND BETWEEN THE PARKING AUTHORITY OF THE CITY OF BEVERLY HILLS AND JOHNSON & JOHNSON, LLP AT 439 NORTH CAÑON DRIVE, SUITE 200.
Comment: Staff recommends The Parking Authority Board of Directors approve the Second Amendment of Lease by and between The Parking Authority of the City of Beverly Hills and Johnson & Johnson, LLP for the property located at 439 North Cañon Drive, Suite 200. The Second Amendment extends the term of the lease through September 30, 2025.
Item D-4 Agenda Report
E.
CITY COUNCIL CONSENT CALENDAR
Any item may be removed from the Consent Calendar by a member of the City Council or requested by a person in attendance, with the concurrence of the City Council.
FISCAL IMPACT REPORT
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 Meeting of November 15, 2022.
Item E-1
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of November 15, 2022.
Item E-2
3. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session Meeting of December 6, 2022.
Item E-3
4. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of December 6, 2022.
Item E-4
Demands Paid
5. REVIEW OF BUDGETED DEMANDS PAID, covering dates August 8, 2023 to September 5, 2023.
Item E-5
6. PAYROLL DISBURSEMENT REPORT, covering dates August 8, 2023 to September 5, 2023.
Item E-6
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
7. AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADDING SECTION 5-6-1311 TO TITLE 5, CHAPTER 6, ARTICLE 13 OF THE BEVERLY HILLS MUNICIPAL CODE PROHIBITING THE POSSESSION OF AEROSOL STRING, SHAVING CREAM, AND HAIR REMOVAL PRODUCT ON CERTAIN PUBLIC PROPERTY OR PROPERTY OPEN TO THE PUBLIC BY PERSONS UNDER THE AGE OF TWENTY ONE ON HALLOWEEN - First Reading - for Introduction Comment: This ordinance will restrict the use of Shaving Cream and/or Aerosol String, more commonly referred to as "Silly String" for a 24-hour period surrounding Halloween to preserve the health, welfare and safety of the community. RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
Item E-7 Agenda Report
8. RECOGNIZING THE ONE-YEAR ANNIVERSARY OF THE PHYSICAL BEATING AND DEATH OF MAHSA (JINA) AMINI BY IRAN’S MORALITY POLICE AND CONDEMNING THE GOVERNMENT OF IRAN.
Comment: At the request of Councilmembers Mirisch and Nazarian, the proposed resolution condemns the government of Iran for the actions of its morality police in the physical beating and death of Mahsa (Jina) Amini in 2022; supports sanctions against the Iranian Government and Iran’s morality police; and urges the government of Iran to implement meaningful laws ensuring basic human rights for all its citizens.
Item E-8 Agenda Report
9. AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT AN APPLICATION FOR $900,000 FOR THE COMMUNITY RESILIENCE CENTERS (CRC) PROGRAM FROM CALIFORNIA STRATEGIC GROWTH COUNCIL AND EXECUTE ALL RELATED DOCUMENTS IF AWARDED.
Comment: It is recommended that City Council adopt the resolution and authorize the City Manager or her designee to execute all necessary agreements and other grant-related documents to the California Strategic Growth Council (SGC). The City is requesting $900,000 from the Community Resilience Centers (CRC) Program administered by the SGC to fund the purchase of two emergency generators for designated emergency management sites, La Cienega Community Center and Roxbury Community Center.
Item E-9 Agenda Report
APPROVAL OF:
10. PLANNING COMMISSION APPOINTMENT (LOU MILKOWSKI)
Comment: It is recommended that the City Council appoint Mr. Lou Milkowski to the Planning Commission to serve after Commissioner Peter Ostroff's term concludes in December 2023. With City Council approval, Mr. Milkowski's term will begin on January 1, 2024.
Item E-10 Agenda Report
11. THE BEVERLY HILLS CITY COUNCIL LEGISLATIVE / LOBBY COMMITTEE RECOMMENDATIONS TO SUPPORT, SUPPORT IF AMENDED AND/OR OPPOSE VARIOUS FEDERAL AND STATE LEGISLATIVE BILLS.
Comment: This item seeks City Council approval of the City Council Legislative / Lobby Committee's recommendations for the position of support and/or oppose for various federal and state legislative bills not addressed in the City's adopted 2023 Legislative Platform.
Item E-11 Agenda Report
12. AGREEMENT WITH JPMORGAN CHASE BANK, N.A. FOR COMMERCIAL BANKING SERVICES AND COMMERCIAL CARD SERVICES.
Comment: Staff recommends the City Council approve an agreement between City of Beverly Hills, Parking Authority, and JP Morgan Chase Bank, N.A. for comprehensive banking services.
Item E-12 Agenda Report
13. EXCLUSIVE NEGOTIATION AGREEMENT WITH WEST HOLLYWOOD COMMUNITY HOUSING CORPORATION REGARDING AFFORDABLE HOUSING DEVELOPMENT ON CITY-OWNED PROPERTY AT 9268-9298 W. 3RD STREET.
Comment: The City has concluded a Request for Qualifications and Conceptual Proposals process whereby the City received and evaluated 27 conceptual proposals from 13 affordable housing developers across seven City-owned sites for an affordable senior housing project. After conclusion of the selection process, staff recommends City Council approve an Exclusive Negotiation Agreement by and between the City of Beverly Hills and West Hollywood Community Housing Corporation to negotiate the terms of a ground lease and development scope for a future project.
Item E-13 Agenda Report
14. AGREEMENT WITH CIVILTEC ENGINEERING INC. FOR PROFESSIONAL SURVEYING AND ENGINEERING SERVICES FOR THE CAPITAL IMPROVEMENT PROGRAM PIPELINE REPLACEMENTS; AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $874,456.
Comment: Staff recommends City Council move to waive bidding requirements pursuant to Beverly Hills Municipal Code 3-3-112 (G) and approve an agreement with CIVILTEC Engineering Inc. for assistance with the professional surveying and engineering services for the Capital Improvement Program pipeline replacements and approve a purchase order in the amount of $874,456.
Item E-14 Agenda Report
15. APPROVAL OF A CHANGE PURCHASE ORDER WITH RIGHT OF WAY, INC. IN THE AMOUNT OF $175,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $519,652.15 FOR STREET SIGNAGE UPDATE PROJECTS.
Comment: Staff recommends that City Council move to approve a Change Purchase Order in the amount of $175,000 with Right of Way, Inc. for the purchase of signage and other materials needed for the installation of street signage for a revised total not-to-exceed amount of $519,652.15.
Item E-15 Agenda Report
16. APPROVAL OF A CHANGE PURCHASE ORDER TO WESTERN WATER WORKS SUPPLY COMPANY IN THE AMOUNT OF $190,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $200,000 FOR THE PURCHASE OF WATERWORKS SUPPLIES.
Comment: Staff recommends that City Council move to approve a change purchase order to Western Water Works Supply Company in the amount of $190,000 for a total not-to-exceed amount of $200,000 for the purchase of waterworks supplies for Fiscal Year ("FY") 2023/24.
Item E-16 Agenda Report
F.
CITY COUNCIL PUBLIC HEARING
TO SET:
1. HEARING DATE FOR AN APPEAL OF THE PLANNING COMMISSION’S JULY 13, 2023 DECISION APPROVING A DEVELOPMENT PLAN REVIEW AND HISTORIC INCENTIVE PERMIT TO ALLOW FOR REHABILITATION OF AN EXISTING TWO-STORY COMMERCIAL BUILDING AND A THIRD-STORY ADDITION, ALONG WITH WAIVERS AND DEVIATIONS FROM CERTAIN DEVELOPMENT STANDARDS AT 9884 SOUTH SANTA MONICA BOULEVARD.
Comment: On July 13, 2023, the Planning Commission approved a Development Plan Review and Historic Incentive Permit to allow the rehabilitation of an existing commercial building and the construction of a new third story at 9884 South Santa Monica Boulevard. The existing commercial building, known locally as the "Darrow Office Building," was built in 1946 and was designed by John Lautner and Douglas Honnold, architects listed on the City's List of Master Architects. On July 26, 2023, an appeal of the Commission's approval was filed by Michael Tenner, on behalf of The Belvedere Hotel Partnership ("The Peninsula Hotel") objecting to the Commission's approval of the project.
This item is being placed on the agenda for the City Council to set a hearing date for the appeal that was filed on this project.
Item F-1 Agenda Report
TO CONSIDER:
2. AN APPEAL OF THE PLANNING COMMISSION’S JUNE 22, 2023 DECISION APPROVING A DEVELOPMENT PLAN REVIEW AND DENSITY BONUS PERMIT TO ALLOW FOR THE CONSTRUCTION OF A NEW SIX-STORY, MIXED USE DEVELOPMENT WITH GROUND FLOOR COMMERCIAL USES AND 105 RESIDENTIAL DWELLING UNITS AT 55 NORTH LA CIENEGA BOULEVARD.
A RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS CONDITIONALLY APPROVING A DEVELOPMENT PLAN REVIEW AND DENSITY BONUS PERMIT TO ALLOW FOR A NEW SIX-STORY MIXED USE DEVELOPMENT WITH GROUND FLOOR COMMERCIAL USES, 105 RESIDENTIAL DWELLING UNITS ON THE SECOND THROUGH FIFTH STORIES, AND ROOFTOP RESTROOMS ON THE SIXTH STORY AT 55 NORTH LA CIENEGA BOULEVARD, AND DENYING A RELATED APPEAL.
Comment: On July 5, 2023, an appeal of the Planning Commission approval of the project at 55 North La Cienega Blvd was filed by Lozeau Drury LLP, on behalf of Supporters Alliance for Environmental Responsibility ("SAFER"). The City Council at their August 1, 2023 meeting set the hearing date to hear the appeal filed for this project at a de novo hearing for September 12, 2023. This item is for the formal appeal hearing for the Council to consider the appeal that was filed on the project. It is recommended that the City Council hold a de novo public hearing to consider the appeal and adopt a resolution approving the project and upholding the Planning Commission's decision (i.e., denying the appeal), which would allow the project to move forward through the City's architectural review and building permit processes. The Council will also consider finding the project exempt from the California Environmental Quality Act.
Item F-2 Agenda Report
G.
CITY COUNCIL CONTINUED AND NEW BUSINESS
1. SENATE BILL 253 (WIENER) - CLIMATE CORPORATE DATA ACCOUNTABILITY ACT.
Comment: This bill would require any partnership, corporation, limited liability company, or other U.S. business entity with total annual revenues in excess of $1 billion and that does business in California to publicly report their annual greenhouse gas (GHG) emissions, as specified by the California Air Resources Board (ARB). This item is seeking direction for a position on this bill as the Legislative / Lobby Liaisons were unable to reach a consensus for a direction to recommend to the City Council.
Item G-1 Agenda Report
2. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS
3. REPORT FROM THE CITY MANAGER
4. CITY COUNCILMEMBER AND COMMITTEE REPORTS AND COMMENTS H.
COMMISSION SYNOPSIS
1. HEALTH AND SAFETY COMMISSION - Regular Meeting of June 26, 2023
RECREATION AND PARKS COMMISSION - Special Meeting of June 27, 2023
HEALTH AND SAFETY COMMISSION - Regular Meeting of July 24, 2023
DESIGN REVIEW COMMISSION - Regular Meeting of August 3, 2023
ARTS AND CULTURE COMMISSION - Regular Meeting of August 8, 2023
PLANNING COMMISSION - Regular Meeting of August 10, 2023 Item H-1
I.
OTHER BUSINESS
J.
ADJOURNMENT
The next City Council regular meeting is scheduled for September 19, 2023. *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
.