CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL REGULAR MEETING AND PARKING AUTHORITY MEETING December 6, 2022
7:00 p.m.
Pursuant to Government Code Section 54953(e)(3), members of the Beverly Hills City Council/Parking Authority 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/Parking Authority meetings telephonically, through live webcast, and BHTV Channel 10 on Spectrum Cable.
City Council/Parking Authority meetings are broadcast on local Beverly Hills television and onother 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 and Parking Authority meeting was called to order by Mayor Bosse at 7:00 p.m.
PLEDGE OF ALLEGIANCE led by David Yelton
A. ROLL CALLS
Present: Councilmember Nazarian, Councilmember Friedman, Councilmember Mirisch, Vice Mayor Gold, Mayor Bosse
Absent: None
B. PRESENTATIONS
1. PRESENTATION — Fred C. Cunningham Award for Distinguished Service Mayor Bosse, along with the entire City Council, presented the Fred C. Cunningham Award for Distinguished Service to honor Assistant Director of Community Development David Yelton for his service to the City since 1998.
2. 60 SECOND SHOUT OUT — LOVE LOVE Tennis
Mayor Bosse along with the entire City Council presented a shout out recognition to LOVE LOVE Tennis, which is located at 9627 Brighton Way and open Monday through Saturday from 11:00 a.m. to 6:00 p.m.
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.
City Council/Parking Authority Meeting Minutes
December 6, 2022
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.
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 to receive 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.
1. David Gingold re: Public engagement in meetings
2. AUDIENCE COMMENTS. Any person wishing to address the City Council/Parking Authority on any matter may do so 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 hoursbefore 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. Please limit your email remarks to three (3) minutes in length (350 words) that can be read, so others may have the opportunity toparticipate as well.
Speakers:
1. Thomas White re: Fred C. Cunningham Award
2. Nick Tobey re: Protestors outside of his home
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS None
4. REPORT FROM THE CITY MANAGER
None
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS
Councilmember Nazarian provided an update on the revolution in Iran.
Mayor Bosse shared highlights from the 2022 Mayor’s Summit Against Antisemitismin Athens, Greece.
D. PARKING AUTHORITY CONSENT CALENDAR
FISCAL IMPACT REPORT
City Council/Parking Authority Meeting Minutes
December 6, 2022
MOVED by Councilmember Nazarian, seconded by Vice Mayor Gold to approve all items on the Parking Authority consent calendar
Minutes
None
Other Business
RESOLUTION OF THE BOARD OF THE PARKING AUTHORITY OF THE CITY OFBEVERLY HILLS:
1. CONTINUING TO AUTHORIZE PUBLIC MEETINGS TO BE HELD VIA
TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION
54953(e) AND MAKING FINDINGS AND DETERMINATIONS REGARDING THESAME.
Comment: This resolution implements the necessary requirements to allow the Parking Authority to continue virtual meetings during the COVID-19 declared emergency.ITEM D-1 ADOPTED, RES# PA-R-22-165
Vote on the Parking Authority Consent Calendar:
Ayes: Director Nazarian, Director Friedman, Director Mirisch, Vice Chair Gold, and Chair Bosse.
Noes: None.
CARRIED
E. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councilmember Friedman, seconded by Councilmember Mirisch to approve all items on the City Council consent calendar, and direct that the appropriate accounts be charged on Items E-1 and E-2 Minutes
None
Demands Paid
1. REVIEW OF BUDGETED DEMANDS PAID, covering dates November 8 — November 28, 2022.
ITEM E-1: APPROVED
City Council/Parking Authority Meeting Minutes
December 6, 2022
2. PAYROLL DISBURSEMENT REPORT, covering dates November 8 — November 28, 2022.
ITEM E-2: APPROVED
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
None
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
3. CONTINUING TO AUTHORIZE PUBLIC MEETINGS TO BE HELD VIA
TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION
54953(e) AND MAKING FINDINGS AND DETERMINATIONS REGARDING THESAME.
Comment: This resolution implements the necessary requirements to allow the CityCouncil to continue virtual meetings during the COVID-19 declared emergency.
ITEM E-3: ADOPTED RES# 22-R-13435
4. FOR ACCEPTANCE OF A GRANT UNDER THE U.S. DEPARTMENT OF JUSTICE,
OFFICE OF JUSTICE PROGRAMS FEDERAL BULLETPROOF VEST
PARTNERSHIP FOR FISCAL YEAR 2022 (BVP 22); AND
APPROPRIATION OF $8,147.11 FROM THE GENERAL FUND TO THE POLICE
DEPARTMENT GRANT FUND TO PURCHASE BALLISTIC VESTS
Comment: Staff recommends the City Council adopt a resolution authorizing theacceptance of grant funding under the Federal Bulletproof Vest Partnership (BVP 22)and appropriate grant funds of $8,147.11 from the General Fund to the Police Department Grant Fund for the purchase of ballistic vests.
ITEM E-4: ADOPTED, RES# 22-R-13436
5. ACCEPTING A GRANT AWARDED BY THE STATE OFFICE OF TRAFFIC SAFETY
FOR TRAFFIC ENFORCEMENT AND APPROPRIATING FUNDS IN THE AMOUNT OF $70,000 FOR POLICE OVERTIME, TRAVEL, AND SUPPLIES; AND APPROPRIATING FUNDS IN THE AMOUNT OF $70,000 FOR POLICE OVERTIME, TRAINING/TRAVEL, AND SUPPLIES.
Comment: Staff recommends that the City Council authorize the acceptance of grant funding from the California Office of Traffic Safety (OTS) and authorize the Chief of Police to execute and submit all documents needed for the administration of the Selective Traffic Enforcement Program (STEP) grant, including applications, payment requests, and agreements for Police Department sobriety enforcement City Council/Parking Authority Meeting Minutes
December 6, 2022
operations, other OTS traffic operations, training/travel, and appropriate funds from the General Fund to the Police Department Grant Fund in the amount of $70,000.
ITEM E-5: ADOPTED, RES# 22-R-13437
6. DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES
CERTAIN WORK (WATER MAIN REPAIR) TO BE PERFORMED WITHOUTCOMPETITIVE BIDDING PURSUANT TO PUBLIC CONTRACT CODE SECTIONS 22035 AND 22050, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Comment: Staff recommends that City Council move to approve the Resolution allowing emergency water main work on Coidwater Cañon Drive to be performed without competitive bidding in order to repair a damaged water main on Coldwater Cañon Drive and re-establish water service to 43 homes located in the northern portion of the City.
Telephone Public Comment:
1. David Gingold
ITEM E-6: ADOPTED, RES# 22-R-13438
7. ADOPTING THE MULTIPLE EMPLOYER OPEB/’PENSION 115 TRUST
ADMINISTERED BY SHUSTER ADVISORY GROUP, LLC AND APPROVING INVESTMENT AUTHORITY UNDER THE INVESTMENT POLICY STATEMENT; AND
TERMINATION OF THE PUBLIC AGENCIES POSTEMPLOYMENT BENEFITSTRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS); AND
AUTHORIZE THE CITY MANAGER AND DIRECTOR OF FINANCE TO EXECUTEALL NECESSARY DOCUMENTS.
Comment: This report brings forward the resolution to approve the adoption of theOther Postemployment Benefits (OPEB) trust administered by Shuster Advisory Group, which will result in cost savings for the City and increased investment flexibility, and approve the termination of the Public Agencies Postemployment Benefits Section 115 Trust and administration agreement.
ITEM E-7: ADOPTED, RES# 22-R-13439
APPROVAL OF:
8. THE WITHDRAWAL OF THE LOWEST BIDDER DUE TO A CLERICAL ERROR UNDER PUBLIC CONTRACT CODE 5103; AND
AWARD OF A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER,
ENVIRONMENTAL CONSTRUCTION, INC., FOR THE ROBERTSON BOULEVARD City Council/Parking Authority Meeting Minutes
December 6, 2022Page 6
SIDEWALK IMPROVEMENTS PROJECT, IN THE AMOUNT OF $7,050,294.00; AND
APPROVAL OF THE PLANS AND SPECIFICATIONS THEREFOR WITH RESPECT TO DESIGN CRITERIA; AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $7,755,323.40, (INCLUDING A 10% CONTINGENCY) TO ENVIRONMENTAL CONSTRUCTION, INC. FOR THE PROJECT; AND
MAKE A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
Comment: Staff recommends City Council move to allow the withdrawal of theapparent lowest bidder due to clerical error under Public Contract Code 5103; approve the award of a contract of the base bid plus the add alternate item AAI to the lowest responsible bidder, Environmental Construction, Inc. for the sidewalk improvements on Robertson Boulevard in the amount of $7,050,294.00; approve theplans and specifications for the project with respect to design criteria; approve a construction contingency of 10% in the amount of $705,029.40; approve the issuance of a purchase order to Environmental Construction, Inc. in the amount of $7,755,323.40 and pursuant to the provisions of the California Environmental Quality Act (CEQA), City Council will also consider finding the project exempt from further review under CEQA.
ITEM E-8: APPROVED, AG# 732-22
9. HUMAN RELATIONS COMMISSION APPOINTMENT (PAM KRAUSHAAR).
Comment: It is recommended that the City Council appoint Ms. Pam Kraushaar to the Human Relations Commission for an initial two-year term, to fill the position ofthe late Chair Rhoda J. Sharp.
ITEM E-9: APPROVED
10. METROPOLITAN WATER DISTRICT’S COLORADO RIVER MUNICIPAL CONSERVATION MEMORANDUM OF UNDERSTANDING.
Comment: Staff is recommending that City Council move to join Metropolitan Water District’s (MWD) Colorado River Municipal Conservation Memorandum ofUnderstanding (MOU). The purpose of the MOU is to show basin-wide collaboration and demonstrate a commitment to reducing reliance on the Colorado River.
ITEM E-1O: APPROVED, AG# 792-22
11. THE RECOMMENDATION OF THE BEVERLY HILLS CITY COUNCIL LIAISON BRANDING AND LICENSING COMMITTEE REGARDING THE USE OF THELIKENESS OF THE BEVERLY HILLS SHIELD BY GLOSSIER, INC.; AND City Council/Parking Authority Meeting Minutes
December 6, 2022
AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT, SUBJECT TO APPROVAL BY THE CITY ATTORNEY, FOR THE USE OF THE LIKENESS OFTHE BEVERLY HILLS SHIELD BY GLOSSIER, INC.
Comment: The Beverly Hills City Council Liaison Branding and Licensing Committee,Councilmember Mirisch and Councilmember Friedman, recommends the City Council approve the use of the likeness of the Beverly Hills Shield by Glossier, Inc. (Glossier) and enter into an agreement for the use of the likeness of the Beverly Hills Shield by Glossier in its display on coffee shop supplies and staff aprons.ITEM E-11: APPROVED
12. THE RECOMMENDATION OF THE BEVERLY HILLS CITY COUNCIL LIAISON
BRANDING AND LICENSING COMMITTEE REGARDING THE USE OF THE BEVERLY HILLS SHIELD BY SKECHERS USA, INC.; AND
AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT, SUBJECT
TO APPROVAL BY THE CITY ATTORNEY, FOR THE USE OF THE BEVERLY HILLS SHIELD BY SKECHERS USA, INC.
Comment: The Beverly Hills City Council Liaison Branding and Licensing Committee,Councilmember Mirisch and Councilmember Friedman, recommends the CityCouncil approve the use of the Beverly Hills Shield by Skechers USA, Inc. (Skechers) and enter into an agreement for the use of the Beverly Hills Shield by Skechers for apparel merchandise.
ITEM E-12: APPROVED
13. A. CHANGE PURCHASE ORDER TO LOS ANGELES ENGINEERING, INC. FOR
THE BURTON WAY MEDIAN GREEN STREET AND WATER EFFICIENT
LANDSCAPE PROJECT IN THE AMOUNT OF $800,000 FOR A TOTAL NOTTO-EXCEED AMOUNT OF $11,992,500 B. AMENDMENT NO. 1 TO AN AGREEMENT WITH ARDURRA GROUP, INC.
TO PROVIDE AS-NEEDED CONSTRUCTION SUPPORT SERVICES FOR THE BURTON WAY MEDIAN PROJECT; AND
APPROVAL OF A CHANGE PURCHASE ORDER IN THE AMOUNT OF
$137,385 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $237,355 TO ARDURRA GROUP, INC. FOR THE CORRESPONDING AGREEMENT.
Comment: Staff recommends City Council move to approve: 1) A change purchaseorder to Los Angeles Engineering, Inc. (LAE) for the Burton Way Median Green Street and Water Efficient Landscape project in the amount of $800,000 for a total not to exceed $11,992,500; 2) Amendment No. 1 to the agreement with Ardurra Group, Inc. for construction support services related to the Burton Way MedianGreen Street project, and 3) A change purchase order to Ardurra Group, Inc, in the amount of $137,385 for a total not to exceed $237,355.ITEM E-13: APPROVED, AG# 733-22 City Council/Parking Authority Meeting Minutes
December 6, 2022Page 8
14. REQUEST TO PARTIALLY WAIVE YOUTH SPORTS ORGANIZATION FIELD AND
FACILITY USE FEES FOR AMERICAN YOUTH SOCCER ORGANIZATION(AYSO), BEVERLY HILLS LITTLE LEAGUE (BHLL), AND BEVERLY HILLS BASKETBALL LEAGUE (BHBL) FOR FISCAL YEAR 2021-22 DUE TO THE ONGOING IMPACT OF THE COVID-19 PANDEMIC.
Comment: Staff recommends the City Council partially waive fees for City and/or School District field and facility usage during the fiscal year of July 1, 2021 throughJune 30, 2022 for American Youth Soccer Organization (AYSO), Beverly Hills Little League (BHLL), and Beverly Hills Basketball League (BHBL). League presidents and staff recommend reducing the fee the leagues pay for fiscal year 2021-22 by the percentage their participation rates declined, thereby waiving $15,161 in field and facility use fees.
ITEM E-14: APPROVED
Vote on the City Council Consent Calendar:
Ayes: Councilmember Nazarian, Councilmember Friedman, Councilmember Mirisch, Vice Mayor Gold, and Mayor Bosse.
Noes: None.
CARRIED
F. CITY COUNCIL PUBLIC HEARING
TO SET:
None
TO CONSIDER:
1. A. AN APPEAL OF THE PLANNING COMMISSION’S MAY 26, 2022 DECISION
AMENDING A DEVELOPMENT PLAN REVIEW REGULATING ROOFTOP USES AT 9800 WILSHIRE BOULEVARD AND 121 SPALDING DRIVE (SPRING PLACE).
Comment: This is a de novo hearing regarding Spring Place, a co-working office and private membership club that was previously reviewed for their compliance with existing conditions of approval by the Planning Commission. This review was conducted due to complaints regarding the adverse impacts that had resulted from Spring Place’s operations, and the Planning Commission adopted a resolution withnew and/or revised conditions of approval designed to mitigate their operationspursuant to the provisions of the California Environmental Quality Act (CEQA). The City Council will also consider finding the project categorically exempt under CEQA.
Director of Community Development Ryan Gohlich presented information related to this item.
City Council/Parking Authority Meeting Minutes
December 6, 2022
Speakers:
1. Mark Egerman
2. Peter Ostroff
Council provided their questions and comments.
MOVED by Councilmember Nazarian, seconded by Vice Mayor Gold to approve item F-i as follows:
THAT THE MATTER BE REMANDED BACK TO THE PLANNING
COMMISSION FOR FURTHER CONSIDERATION
Ayes: Councilmember Nazarian, Councilmember Friedman, Councilmember Mirisch, Vice Mayor Gold, and Mayor Bosse.
Noes: None.
CARRI ED
ITEM F-I: ITEM TO BE REMANDED BACK TO THE PLANNING COMMISSIONFOR FURTHER CONSIDERATION G. CITY COUNCIL CONTINUED AND NEW BUSINESS
None
H. COMMISSION SYNOPSIS
1. DESIGN REVIEW COMMISSION — Regular Meeting of October 6, 2022 HUMAN RELATIONS COMMISSION — Regular Meeting of October 20, 2022RECREATION AND PARKS COMMISSION — Regular Meeting of October 25, 2022 DESIGN REVIEW COMMISSION — Regular Meeting of November 3, 2022 TRAFFIC AND PARKING COMMISSION — Special Meeting of November 3, 2022 ITEM H-I: NO ACTION TAKEN
OTHER BUSINESS
None
J. ADJOURNMENT
The next regular City Council meeting is scheduled for Tuesday, December i 3, 2022.
There being no further business, Mayor Bosse, with the consent of the City Council, adjourned the meeting at 8:22 p.m.
City Council/Parking Authority Meeting Minutes
December 6, 2022
PASSED, Approved and Adopted
this 12th day of September, 2023
HUMA AHMED, City ClerklSecretary
JULIAN A. GOLD, M.D., MAYORICHAIR
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTVIO Spectrum Cable.