CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
September 12, 2023
7:00 p.m.
CITY COUNCIL ADJOURNED REGULAR MEETING AND PARKING AUTHORITY MEETING 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 Gold at 7:00 p.m.
PLEDGE OF ALLEGIANCE led by Lisa Kay Schwartz
A. ROLL CALLS
Present: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, Mayor Gold
Absent: None
B. PRESENTATIONS
1. PEOPLE HELPING PEOPLE — Dream Street Foundation
Mayor Gold, along with the entire City Council, presented the People Helping People award to the Dream Street Foundation. They provide camping programs around thecountry for children and young adults with cancer and chronic/life-threatening illnesses.
2. CERTIFICATE OF APPOINTMENT - Public Works Commission (Homayoon “Mark’ Nehoray)
Mayor Gold, along with the entire City Council, presented a certificate of appointment toPublic Works Commissioner Homayoon “Mark” Nehoray.
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City Council Adjourned Regular/Parking Authority Meeting September 12, 2023
3. CERTIFICATE OF APPOINTMENT -John “JR’ Dzubak, Jr. (Recreation and Parks Commission)
Mayor Gold, along with the entire City Council, presented a certificate of appointment toRecreation and Parks Commissioner John “JR” Dzubak, Jr.
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.
Councilmember Nazarian 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.
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 CityCouncil/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. 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 individualcomment, subject to City Council discretion based on the anticipated length in the meeting.
Speakers:
1. Ramin Zar re: Rent Stabilization meeting
2. Heather Eels re: DuPont Clinic
3. Michelle Simon re: DuPont Clinic
4. Amanda Smith re: DuPont Clinic
5. Gay Abrams re: DuPont Clinic
6. David Gingold re: Mayor’s Cabinet meeting
Written Comment Read into the Record:
1. Ellen Carmona re: Parking permits
City Council Adjourned Regular/Parking Authority Meeting September 12, 2023
City Clerk Huma Ahmed summarized written comments, all of which were in support of the DuPont Clinic and/or pro-choice submitted by the following people: Bennett Ross, Rebecca Drye, Nicole Katano, Christina Drostin MD, Ritu Aparajita MD, Sandra Gonzalez, Nicole McLawrence MD, Sharon Hartmans MD, Dr. Samantha Deming-Berr, Isabella Morton MD, Erin MD, Diba Daneshrad MD, Kelsey Seger, Rebecca Putnam MD, Michele Mendelsohn, Zack Goldman, Bruce Schwartz, Valerie Wisot, Rebecca Gundzik, Elisa Marks, Diane Shader Smith, Brooke Binkowski, Kimberly Kirven, AndreaGrossman, Molly McKibben, Sandy Stewart, Dana Somers, Linda Jackson, Meera Mehta MD, and Joan Isaacs.
0. PARKING AUTHORITY CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Director Nazarian, seconded by Director Bosse to approve all items on the Parking Authority consent calendar
Minutes
1. CONSIDERATION OF THE MINUTES of the Parking Authority Meeting of November 15, 2022.
ITEM D-1: APPROVED
2. CONSIDERATION OF THE MINUTES of the Parking Authority Meeting of December 6, 2022.
ITEM D-2: APPROVED
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 0-3: APPROVED, AG# PA-23-O11
4. SECOND AMENDMENT OF LEASE BY AND BETWEEN THE PARKING
AUTHORITY OF THE CITY OF BEVERLY HILLS AND JOHNSON & JOHNSON, LLP AT 439 NORTH CAIION 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 City Council Adjourned Regular/Parking Authority Meeting September 12, 2023
Page4
Cañon Drive, Suite 200. The Second Amendment extends the term of the lease through September 30, 2025.
ITEM 0-4: APPROVED, AG# PA-23-012
Vote on the Parking Authority Consent Calendar:
Ayes: Director Nazarian, Director Bosse, Director Mirisch, Vice Chair Friedman, and Chair Gold.
Noes: None.
CARRI ED
E. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councilmember Bosse, seconded by Councilmember Mirisch to remove Item E-8 for discussion and separate vote, approve the remaining items on the City Council Consent Calendar, and direct that the appropriateaccounts be charged on items E-5 and E-6 Minutes
1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session Meeting of November 15, 2022.
ITEM E-1: APPROVED
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of November 15, 2022.ITEM E-2: APPROVED
3. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session Meeting of December 6, 2022.ITEM E-3: APPROVED
4. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of December 6, 2022.ITEM E-4: APPROVED
City Council Adjourned Regular/Parking Authority Meeting September 12, 2023
Demands Paid
5. REVIEW OF BUDGETED DEMANDS PAID, covering dates August 8, 2023 to September 5, 2023.
ITEM E-5: APPROVED
6. PAYROLL DISBURSEMENT REPORT, covering dates August 8, 2023 to September 5, 2023.
ITEM E-6: APPROVED
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, ANDHAIR 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.ITEM E-7: INTRODUCED AND READ BY TITLE ONLY AS AMENDED RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
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 thephysical 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 Iranto implement meaningful laws ensuring basic human rights for all its citizens.
Municipal Affairs Program Manager Cynthia Owens presented information related to this item.
Speaker:
1. Nooshin Meshkaty
Council provided their questions and comments.
City Council Adjourned Regular/Parking Authority Meeting September 12, 2023
City Attorney Laurence Wiener and Municipal Affairs Program Manager CynthiaOwens responded to council questions.
MOVED by Councilmember Nazarian, seconded by Councilmember Bosse to approve item E-8 as follows:
AS AMENDED WITH ALL OF THE AMENDMENTS READ INTO THE
RECORD
Ayes: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, and Mayor Gold.
Noes: None.
CARRIED
ITEM E-8: APPROVED AS AMENDED, RES# 23-R-13481
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 grantrelated 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: APPROVED, RES# 23-R-1 3482
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 inDecember 2023. With City Council approval, Mr. Milkowski’s term will begin on January 1,2024.
Speaker:
1. Steve Mayer
ITEM E-10: APPROVED
11. THE BEVERLY HILLS CITY COUNCIL LEGISLATIVE / LOBBY COMMITTEE
RECOMMENDATIONS TO SUPPORT, SUPPORT IF AMENDED AND/OR OPPOSE VARIOUS FEDERAL AND STATE LEGISLATIVE BILLS.
City Council Adjourned Regular/Parking Authority Meeting September 12, 2023
Comment: This item seeks City Council approval of the City Council Legislative / LobbyCommittee’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: APPROVED
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 comprehensivebanking services.
ITEM E-12: APPROVED, AG# 488-23
13. EXCLUSIVE NEGOTIATION AGREEMENT WITH WEST HOLLYWOOD
COMMUNITY HOUSING CORPORATION REGARDING AFFORDABLE HOUSING DEVELOPMENT ON CITY-OWNED PROPERTY AT 9268-9298 W. 3 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.
Speaker:1. David Gingold
Video Public Comment:
1. Nanci Jo
ITEM E-13: APPROVED, AG# 489-23
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 3-3-1 12 (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: APPROVED, AG# 490-23
City Council Adjourned Regular/Parking Authority Meeting September 12, 2023
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 PurchaseOrder in the amount of $175,000 with Right of Way, Inc. for the purchase of signageand other materials needed for the installation of street signage for a revised total notto-exceed amount of $519,652.15.
ITEM E-15: APPROVED
16. APPROVAL OF A CHANGE PURCHASE ORDER TO WESTERN WATER WORKS SUPPLY COMPANY IN THE AMOUNT OF $190,000 FOR A TOTAL NOT-TOEXCEED AMOUNT OF $200,000 FOR THE PURCHASE OF WATERWORKSSUPPLI ES.Comment: Staff recommends that City Council move to approve a change purchaseorder 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: APPROVED
Vote on the City Council Consent Calendar:
Ayes: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, and Mayor Gold.
Noes: None.
CARRI ED
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 TWOSTORY 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 Hon nold, architects listed on the City’s List of Master Architects.
City Council Adjourned Regular/Parking Authority Meeting September 12, 2023
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 forthe appeal that was filed on this project. City Planner Masa Alkire presented information related to this item.
Speaker:
1. Victor De Ia Cruz on behalf of The Peninsula Hotel
Video Public Comment:
1. Jason Somers on behalf of the applicant
Council provided their questions and comments.City Planner Masa Alkire, Senior Planner Edgar Arroyo responded to council questions.
ITEM F-I: BY ORDER OF THE CHAIR ABSENT OBJECTION, A PUBLIC HEARINGON THIS MATTER IS SET FOR DECEMBER 5, 2023 TO CONSIDER:
2. AN APPEAL OF THE PLANNING COMMISSION’S JUNE 22, 2023 DECISION
APPROVING A DEVELOPMENT PLAN REVIEW AND DENSITY BONUS PERMIT TOALLOW 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 ROOFTOPRESTROOMS 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 thatwas 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 andupholding 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 theCalifornia Environmental Quality Act.
City Council Adjourned Regular/Parking Authority Meeting September 12, 2023
City Planner Masa Alkire presented information related to this item.
Council provided their questions and comments.
City Attorney Laurence Wiener responded to council questions.
ITEM F-2: BY ORDER OF THE CHAIR ABSENT OBJECTION, ITEM CONTINUED TO NOVEMBER 7, 2023
G. CITY COUNCIL CONTINUED AND NEW BUSINESS
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.Municipal Affairs Program Manager Cynthia Owens presented information related to this item.
Speaker:
1. David Gingold
2. Jared Gonzalez
Council provided their questions and comments.
Municipal Affairs Program Manager Cynthia Owens responded to council questions.ITEM G-1: COUNCIL MAJORITY DIRECTED STAFF TO WRITE LETTER WITH
CONCERNS ABOUT THE BILL
2. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS City Attorney Laurence Wiener reported on Ashley Blackmon v. City of Beverly Hills that the Council voted 5-0 to appeal the decision. The City Attorney also reported that the Council voted 5-0 to appeal the decision on Californians for Homeownership, Inc.v. City of Beverly Hills.
3. REPORT FROM THE CITY MANAGER
None
City Council Adjourned Regular/Parking Authority Meeting September 12, 2023
4. CITY COUNCILMEMBER AND COMMITTEE REPORTS AND COMMENTS Councilmember Mirisch reported that this past weekend he spoke at the annual meeting of Plan Boulder, a community organization in Boulder, CO.
Vice Mayor Friedman and Mayor Gold reported that they attended a California Contract Cities Association event this past weekend.
H. COMMISSION SYNOPSIS
I. HEALTH AND SAFETY COMMISSION -Regular Meeting of June 26, 2023 RECREATION AND PARKS COMMISSION -Special Meeting of June 27, 2023HEALTH 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-I: NO ACTION TAKEN
I. OTHER BUSINESS
J. ADJOURNMENT
The next City Council regular meeting is scheduled for September 19, 2023.
There being no further business, Mayor Gold, with the consent of the City Council, adjournedthe meeting at 9:14 p.m.
PASSED, Approved and Adopted
this 16th day of April, 2024
HUMA AHMED, City ClerklSecretary
LESTER J. FRIEDMAN, MAYORICHAIR
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTVIO Spectrum Cable.