CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL ADJOURNED REGULAR MEETING AND PARKING AUTHORITY MEETING January 24, 2023
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 Ken Goldman
A. ROLL CALLS
Present: Councilmember Nazarian, Councilmember
Mirisch, Vice Mayor Gold, Mayor Bosse
Absent: None
Friedman, Councilmember
Mayor Bosse requested that a moment of silence be held in remembrance of the mass shooting victims in the Cities of Monterey Park and Half Moon Bay this past week.
Mayor Bosse requested that a moment of silence be held in observance of Holocaust Remembrance Day observed on Friday, January 27.
B. PRESENTATIONS
1. PROCLAMATION — Requested by Mayor
management of the Beverly Hilton and Waldorf
for extending special hotel rates to residents
power outages.
Bosse, Beny
Astoria Beverly
who had been
Alagem and the
Hills will be honored
impacted by recent
Mayor Bosse along with the entire City Council, presented the proclamation to honor Beny Alagem and the management of the Beverly Hilton and Waldorf Astoria Beverly Hills for outstanding service to the community.
City Council/Parking Authority Meeting Minutes
January 24, 2023
2. 60 SECOND SHOUT OUT — The Nosh
Mayor Bosse along with the entire City Council presented a shout out recognition to David Laredo, owner of the Nosh located at 9689 South Santa Monica Blvd, open 7 days a week, from 7:30 am. until 4:00 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.
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.
None
2. AUDIENCE COMMENTS. Any person wishing to address the City Council/Parking Authority on any matter 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 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. 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.
Written Comments Read into the Record:
1. Morris Gasmer re: Speed bumps
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS None
4. REPORT FROM THE CITY MANAGER -
-Residential Parking Permit Program Update
-Affordable Housing Unit Availability at 321-327 5. Elm Drive Police Lieutenant Robert Maycott presented information related to this item.
City Council/Parking Authority Meeting Minutes
January 24, 2023
Police Chief Mark Stainbrook spoke about the complexity of implementing the parking permit program and measures being taken to ensure a smooth transition for residents.
Speakers:
1. Lori Goldman
2. Ken Goldman
3. Tiffany Davis
4. Andrea Grossman
5. Cindy Norean
6. Jeffrey Berkett
7. Michael May Sun
Telephone Public Comment:
1. Alma Ordaz
2. David Gingold
Written Comments Read into the Record:
1. Nadene Alexander
2. David Gottlieb
3. David Hankin
4. John Hiller
5. Adrienne Weitzman
Police Lieutenant Robert Maycott, Police Sergeant David Tomlin, and City Attorney Laurence Wiener responded to Council questions.
Community Development Director Timothea Tway provided application information, deadlines, and income limits for the affordable housing units at 321-327 South Elm Drive.
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS AND COMMENTS Vice Mayor Gold reported on attending the Annual Sacramento Legislative Tour June 8 — 10, 2023. The conference provided an opportunity to meet with legislators.
Councilmember Nazarian reported the Beverly Hills Rotary Club in conjunction with the Peninsula Hotel, is sponsoring a Blood Drive on Monday, January 30, 2023 at the Peninsula Hotel, from 11:00 am. to 5:00 p.m.
D. PARKING AUTHORITY CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councilmember Mirisch, seconded by Councilmember Friedman to approve all items on the Parking Authority consent calendar City Council/Parking Authority Meeting Minutes
January 24, 2023
Minutes
None
Other Business
RESOLUTION OF THE BOARD OF THE PARKING AUTHORITY OF THE CITY OF BEVERLY 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 THE SAME.
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-23-167
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 Nazarian, seconded by Councilmember Friedman to remove Item E-6 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 E-1 and E-2
Minutes
None
Demands Paid
1. REVIEW OF BUDGETED DEMANDS PAID, covering dates December 28, 2022 to January 17, 2023
ITEM E-1: APPROVED
City Council/Parking Authority Meeting Minutes
January 24, 2023
2. PAYROLL DISBURSEMENT REPORT, covering dates December 28, 2022 to January 17, 2023
ITEM E-2: APPROVED
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
3. AMENDING CHAPTER 5 AND CHAPTER 6 OF TITLE 4 OF THE BEVERLY HILLS MUNICIPAL CODE REGARDING EVICTIONS. (Second Reading — for Adoption) Comment: This Ordinance amends the Beverly Hills Municipal Code to prohibit a landlord from evicting a tenant for major remodeling.
Written Comment Read into the Record:
1. Josh Monkarsh
ITEM E-3: ADOPTED, ORD# 23-0-2871
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
4. CONTINUING TO AUTHORIZE PUBLIC MEETINGS TO BE HELD VIA
TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION
54953(e) AND MAKING FINDINGS AND DETERMINATIONS REGARDING THE SAME.
Comment: This resolution implements the necessary requirements to allow the City Council to continue virtual meetings during the COVID-19 declared emergency.
ITEM E-4: ADOPTED, RES# 23-R-13445
5. APPROVING THE ADOPTION OF THE MULTIPLE EMPLOYER OPEB/PENSION 115 TRUST ADMINISTERED BY SHUSTER ADVISORY GROUP, LLC, AND
APPROVING INVESTMENT AUTHORITY UNDER THE INVESTMENT POLICY STATEMENT, AND RESCINDING RESOLUTION NO. 22-R-1 3439; AND
AUTHORIZE THE DIRECTOR OF FINANCE TO EXECUTE ALL NECESSARY DOCUMENTS.
Comment: This report brings forward an updated resolution to rescind the previously approved resolution adopting the Other Postemployment Benefits (OPEB) Trust administered by Shuster Advisory Group to update language to effectuate the timing and termination of the Public Agencies Retirement Services (PARS) Section 115 Trust and administration agreement.
ITEM E-5: ADOPTED, RES# 23-R-13446
6. DECLARING THAT CERTAIN REAL PROPERTY OWNED BY THE CITY MEETS THE DEFINITION OF CALIFORNIA GOVERNMENT CODE SECTION 54221(B), City Council/Parking Authority Meeting Minutes
January 24, 2023
AND FINDING THAT SUCH DECLARATION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Comment: Staff recommends City Council adopt a resolution declaring certain City properties as Surplus Land pursuant to Government Code Section 54221. The declaration is necessary to negotiate with entities in agreements such as ground leases, to redevelop the properties with future projects that do not meet the definition of Exempt Surplus Land. The declaration does not restrict the City from obtaining fair market value for use of the City properties and does not reduce the City’s discretion or control over the properties.
Councilmember Mirisch requested this matter be postponed to allow residents an opportunity to speak on this item.
Speakers:
1. Darian Bojeaux
2. Thomas White
3. Steve Mayer
Written Comments Read into Record:
1. Sonia Berman
2. Robert Zarnegin
3. Donna and Ray Flade
4. Randi Grant
5. Warren Grant
6. Adam Grant
7. Jason Grant
8. Jordan Grant
9. Alice Lake
10. Cynthia Trangsrud
11. Alissa Roston
Real Property Development Manager Logan Phillippo and Assistant City Manager Ryan Gohlich presented information related to this item.
Council provided their questions and comments.
Real Property Development Manager Logan Phillippo and City Attorney Laurence Wiener responded to Council questions.
MOVED by Vice Mayor Gold, seconded by Councilmember Nazarian to approve item E-6 as follows:
DECLARING THAT CERTAIN REAL PROPERTY OWNED BY THE CITY
MEETS THE DEFINITION OF CALIFORNIA GOVERNMENT CODE
SECTION 54221(B), AND FINDING THAT SUCH DECLARATION IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Ayes: Councilmember Nazarian, Councilmember Friedman, Vice Mayor Gold, and Mayor Bosse.
City Council/Parking Authority Meeting Minutes
January 24, 2023
Noes: Councilmember Mirisch.
CARRIED
ITEM E-6: APPROVED
APPROVAL OF:
7. AN AGREEMENT WITH SYSTEM SOURCE, INC. FOR PHASE-i PURCHASE AND
INSTALLATION OF SYSTEM FURNITURE AT PUBLIC WORKS SECOND FLOOR ADMINISTRATION AREA; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE NOT-TOEXCEED AMOUNT OF $298,729.
Comment: Staff Recommends approval of an Agreement with System Source, Inc. for Purchase and Installation of System Furniture at Public Works Second Floor Administration Area in the amount of $279,185.69, approval of a Contingency Fund in the Amount of $19,543.31 (7%) and approval of a Purchase Order in the not-toexceed amount of $298,729.
ITEM E-7: APPROVED, AG# 29-23
8. AGREEMENT WITH ALLIANT INSURANCE SERVICES, INC. FOR INSURANCE BROKERAGE SERVICES; AND
APPROVAL OF A PURCHASE ORDER FOR ANNUAL INSURANCE BROKERAGE SERVICES FOR THE TOTAL NOT-TO-EXCEED AMOUNT OF $165,000.
Comment: Staff recommends the City Council approve a three year agreement between the City of Beverly Hills and Alliant Insurance Services, Inc. for insurance brokerage services for an annual flat fee of $165,000 per year for a total three year cost of $495,000. The agreement includes the option to extend for two (2) additional one (1) year terms, the cost of which is negotiable each year with a not-to-exceed increase of three percent (3%).
ITEM E-8: APPROVED, AG# 30-23
9. AMENDMENT NO. 4 TO AN AGREEMENT WITH MERCHANTS BUILDING MAINTENANCE, LLC/CALIFORNIA FOR CUSTODIAL MAINTENANCE SERVICES; AND
APPROVAL OF A CHANGE PURCHASE ORDER IN THE AMOUNT OF $1,856,139 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $3,475,341.
Comment: To ensure that custodial services continue while staff completes the competitive bid process, staff recommends waiving the formal bidding process for this amendment, approval of Amendment No. 4 to Agreement #647-17 between the City of Beverly Hills and Merchants Building Maintenance, LLC/California for City Council/Parking Authority Meeting Minutes
January 24, 2023
custodial maintenance services and approval of a change purchase order in the amount of $1,856,139 for a total not-to-exceed amount of $3,475,341.
ITEM E-9: APPROVED, AG# 3 1-23
10. A PURCHASE ORDER TO TYMCO, INC. FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $511,441.65 FOR PURCHASE OF ONE (1) COMPRESSED NATURAL GAS POWERED STREET SWEEPER.
Comment: Staff recommends that City Council waive the bidding requirements as the City is utilizing the Sourcewell procurement contract, and move to approve a purchase order in the amount of $511,441.65 to Tymco, Inc. for the purchase of specified Compressed Natural Gas (CNG) Powered Street Sweeper.
ITEM E-1O: APPROVED
11. A CHANGE PURCHASE ORDER TO PACIFIC STAR CHEMICAL, LLC IN THE AMOUNT OF $70,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $120,000 FOR THE PURCHASE OF WATER TREATMENT PLANT CHEMICALS.
Comment: Staff recommends the City Council move to approve a change purchase order in the amount of $70,000 for a total not-to-exceed amount of $120,000 to Pacific Star Chemical, LLC for the purchase of water treatment plant chemicals.
ITEM E-11: APPROVED
12. A CHANGE PURCHASE ORDER TO JCI JONES CHEMICALS, INC. IN THE AMOUNT OF $165,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $215,000 FOR THE PURCHASE OF WATER TREATMENT PLANT CHEMICALS.
Comment: Staff recommends approval of a change purchase order in the amount of $165,000 for a total not-to-exceed amount of $215,000 to JCI Jones Chemicals, Inc. for the purchase of water treatment plant chemicals.
ITEM E-12: APPROVED
13. ACCEPTANCE OF THE CONTRACT WORK FOR:
A. THE MODERNIZATION OF THE ELEVATORS AT THE 221 N. CRESCENT DRIVE PARKING STRUCTURE WITH LIFTECH ELEVATOR SERVICES, INC., IN THE FINAL AMOUNT OF $1,664,322; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
B. THE HAZARDOUS MATERIALS ABATEMENT AND SELECTIVE DEMOLITION PROJECT AT 430 N. CAMDEN DR., WITH INTEGRATED DEMOLITION AND REMEDIATION, INC., IN THE FINAL AMOUNT OF $112,800; AND AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
City Council/Parking Authority Meeting Minutes
January 24, 2023
Comment: Staff recommends acceptance of the described contract work and authorize the City Clerk to record the attached Notices of Completion.
ITEM E-13: APPROVED
Vote on the City Council Consent Calendar:
Ayes: Councilmember Nazarian, Councilmember Friedman, Councilmember Mirisch, Vice Mayor Gold, and Mayor Bosse.
Noes: None.
CARRI ED
F. CITY COUNCIL PUBLIC HEARING
TO SET:
None
TO CONSIDER:
None
G. CITY COUNCIL CONTINUED AND NEW BUSINESS
1. CITY CLERK’S CERTIFICATION THAT THERE ARE SUFFICIENT SIGNATURES ON TWO REFERENDUM PETITIONS FOR THE CHEVAL BLANC PROJECT.
Comment: Provides certification of the City Clerk that the referendum measures related to Ordinance 22-0-2866 approving the Cheval Blanc Specific Plan Zoning and Map Amendments and 22-0-2867 approving a development agreement for the Cheval Blanc project are signed by not less than 10 percent of the voters of the City.
City Clerk Huma Ahmed presented information related to this item.
Speakers:
1. Darian Bojeaux
2. Deborah Quick, Perkins Coie, LLP
3. Michael May Sun
ITEM G-1: NO COUNCIL QUESTIONS OR COMMENTS
2. REQUEST BY MAYOR BOSSE FOR SOUTHERN CALIFORNIA EDISON, AT&T,
AND SPECTRUM TO REPORT ON THE MOST RECENT SERVICE
INTERRUPTIONS AND PROVIDE A TIMELINE FOR INFRASTRUCTURE REPAIRS.
City Council/Parking Authority Meeting Minutes
January 24, 2023
Comment: During the first month of the year, each of these three utilities have had at least one outage of service. The Mayor is requesting they share the reasons for the outage and how to remedy these interruptions in the future.
City Engineer Daren Grilley introduced representatives from Southern California Edison, AT&T, and Charter Spectrum.
Mayor Bosse explained why this item was placed on the agenda.
Government Relations Manager for Southern California Edison Diane Forte, External Affairs for AT&T Ursula Moran, and Director of Government Affairs for Charter Spectrum Stephen Sawyer presented information related to this item.
Written Comments Read into the Record:
1. Rose Norton
2. Frieda Berlin
Telephone Public Comment:
1. David Gingold
Council provided their questions and comments.
The utility representatives responded to Council questions.
ITEM G-2: STAFF AND UTILITY REPRESENTATIVES REPORTED, COUNCIL
QUESTIONS AND COMMENTS
3. REQUEST BY COUNCILMEMBER MIRISCH TO CONSIDER ADOPTING AN
ORDINANCE TO PROHIBIT LANDLORDS FROM BRINGING AN ACTION TO
RECOVER POSSESSION OF AN APARTMENT UNIT FOR DEMOLITION AND
CONDOMINIUM CONVERSIONS AS PROVIDED FOR IN THE BEVERLY HILLS MUNICIPAL CODE.
Comment: At the request of Councilmember Mirisch, this report provides information regarding the provisions of the Rent Stabilization Ordinance (RSO) that allows an owner to recover possession of an apartment unit, through eviction, for demolition and condominium conversion as provided for in the Beverly Hills Municipal Code (BHMC) Sections 4-5-51 1 and 4-6-6 J. Staff recommends the City Council review the RSO provisions that allow, a landlord to evict a tenant for demolition and condominium conversion and advise staff as to the elimination of these provisions.
ITEM G-3: ITEM NOT DISCUSSED
4. AMENDED AND RESTATED EXECUTIVE EMPLOYEE COMPENSATION PLAN
FOR DEPARTMENT DIRECTORS, ASSISTANT DEPARTMENT DIRECTORS AND SENIOR MANAGEMENT EMPLOYEES.
City Council/Parking Authority Meeting Minutes
January 24, 2023
Comment: Staff recommends the City Council approve the amended and restated Executive Employee Compensation Plan. The proposed amendments include the elimination of two positions, Chief Communications Officer and Deputy Director of Police Special Projects, and the addition of two new positions, Deputy Director of Special Projects, Public Safety and Senior Policy and Management Administrator, Public Safety.
City Manager Nancy Hunt-Coffey presented information related to this item.
MOVED by Councilmember Friedman, seconded by Councilmember Nazarian to approve item G-4 as follows:
AMENDED AND RESTATED EXECUTIVE EMPLOYEE
COMPENSATION PLAN FOR DEPARTMENT DIRECTORS,
ASSISTANT DEPARTMENT DIRECTORS AND SENIOR
MANAGEMENT EMPLOYEES.
Ayes: Councilmember Nazarian, Councilmember Friedman, Vice Mayor Gold, and Mayor Bosse.
Noes: Councilmember Mirisch.
CARRIED
ITEM G-4: APPROVED
H. COMMISSION SYNOPSIS
1. PUBLIC WORKS COMMISSION -Regular Meeting of December 8, 2022 PLANNING COMMISSION -Regular Meeting of December 8, 2022 ARTS AND CULTURE COMMISSION -Regular Meeting of December 13, 2022 HUMAN RELATIONS COMMISSION -Regular Meeting of December 15, 2022 HEALTH AND SAFETY COMMISSION -Special Meeting of December 19, 2022 RECREATION AND PARKS COMMISSION -Special Meeting of December 20, 2022 ARCHITECTURAL COMMISSION -Regular Meeting of December 21, 2022 ITEM H-I: NO ACTION TAKEN
OTHER BUSINESS
J. ADJOURNMENT
The next regular City Council meeting is scheduled for Tuesday, February 7, 2023.
There being no further business, Mayor Bosse, with the consent of the City Council, adjourned the meeting at 11:34 p.m.
City Council/Parking Authority Meeting Minutes
January 24, 2023
PASSED, Approved and Adopted
this 1 7th day of October, 2023
/ /
,Cf L
/J444 K A
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.