CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL REGULAR MEETING AND PARKING AUTHORITY MEETING April 18, 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 Gold at 7:00 p.m.
PLEDGE OF ALLEGIANCE led by David Hunt Stafford
A. ROLL CALLS
Present: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, Mayor Gold
Absent: None
Mayor Gold requested that a moment of silence be held in honor of Holocaust Remembrance Day today.
Mayor Gold requested a second moment of silence in remembrance of Dr. Shaul Massry who passed away last week.
B. PRESENTATIONS
1. PROCLAMATION — Theatre 40- New Season
Theatre 40 will begin its 57th Anniversary season in Beverly Hills.
The City Council, presented a proclamation to Artistic and Managing Director David Hunt Stafford and congratulated Theatre 40 on its 57th Anniversary.
2. PROCLAMATION — Israeli Independence Day - 75th Anniversary Independence Day is the national day of Israel, commemorating the Israeli Declaration of Independence in 1948.
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City Council/Parking Authority Meeting
April 18, 2023
The City Council presented Consul General Hillel Newman with a proclamation in honor of the 75 anniversary of the birth of the State of Israel.
3. PROCLAMATION - Proclamation in Recognition of National Library Week Proclaim National Library Week takes place on April 23-29, 2023. During this week, all residents are encouraged to visit their Beverly Hills library to explore the wealth of available resources.
The City Council presented the proclamation to the City Librarian Karen Buth in recognition of National Library Week which takes place April 232gth
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 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.
Speakers:
1. Steve Mayer re: City Council priorities
2. Vera Markowitz re: Just in Case Beverly Hills update
3. Marc Maretsky re: LA Country Club publicity opportunity
4. Nadia Mansour re: Robertson Blvd trees
5. Wendy Klend re: Robertson Blvd trees
6. Felicia Novick re: DuPont Clinic
7. Tiffany Paige re: Robertson Blvd trees
8. Shiva Bagheri re: DuPont Clinic
City Council/Parking Authority Meeting
April 18, 2023
Telephone Comments:
1. Tasha Barker re: DuPont Clinic
2. David Gingold re: Robertson Blvd trees
3. Lauren Sax re: Robertson Blvd trees
4. James Wendell re: Robertson Blvd trees, yielding to pedestrians Written Public Comments Read into the Record:
1. Nayereh Khankhanian, M.D. re: Robertson Blvd trees
2. Greystar Tenants re: Robertson Blvd trees
3. Darian Bojeaux re: Public input
4. Anonymous re: Robertson Blvd trees
D. PARKING AUTHORITY CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Director Bosse, seconded by Director Nazarian to approve all items on the Parking Authority consent calendar
Minutes
None
Other Business
APPROVAL OF:
1. FIRST AMENDMENT TO LEASE WITH NOWHERE HOLDCO, LLC AT 339 NORTH BEVERLY DRIVE.
Comment: Staff recommends the Parking Authority Board of Directors approve an amendment to an existing lease with Nowhere Holdco, LLC at 339 North Beverly Drive. The amendment will delay the rent commencement date by ten days and apply current rent overpayment to the May 2023 rent charge.
ITEM D-1: APPROVED, AG# PA-23-003
Vote on the Parking Authority Consent Calendar:
Ayes: Director Nazarian, Director Bosse, Director Mirisch, Vice Chair Friedman, and Chair Gold.
Noes: None.
CARRIED
E. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
City Council/Parking Authority Meeting
April 18, 2023
MOVED by Councilmember Bosse, seconded by Councilmember Nazarian 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 March 14, 2023 to April 10, 2023
ITEM E-1: APPROVED
2. PAYROLL DISBURSEMENT REPORT, covering dates March 14, 2023 to April 10, 2023
ITEM E-2: APPROVED
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
3. AN URGENCY ORDINANCE OF THE CITY OF BEVERLY HILLS READOPTING
RESIDENTIAL TENANT UNPAID REPAYMENT PROTECTIONS AND THE CAP
ON THE ANNUAL RENT INCREASE ALLOWED PURSUANT TO BEVERLY HILLS MUNICIPAL CODE SECTIONS 4-5-303(C) AND 4-6-3 FROM JUNE 1, 2022 THROUGH JUNE 30, 2023, REPEALING ORDINANCE NO. 23-0-2872, AND DECLARING THE URGENCY THEREOF.
Comment: This urgency ordinance clarifies the urgency ordinance that the Council adopted on February 7, 2023. This ordinance would not change the regulations that have been in place under the City’s emergency authority. The deadline for paying forborne rent as a result of Covid-1 9 continues to be May 31, and cap on rent increases for the 2019-2020 fiscal year which can be imposed during the 2022-2023 fiscal year continues to be 3.1%. The ordinance clarifies that no other rent increases are allowed during the 2022-2023 fiscal year, including for tenants who occupied their apartments on or after July 1, 2020.
Telephone Comment:
1. James Wendell
ITEM E-3: ADOPTED, ORD# 23-0-2874
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
4. TERMINATING THE PROCLAMATION OF A LOCAL EMERGENCY BY THE CITY
MANAGER/DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF
BEVERLY HILLS.
City Council/Parking Authority Meeting
April 18, 2023
Comment: This resolution terminates the City of Beverly Hills local emergency declaration related to COVID-19, which was declared on March 15, 2020 by then City Manager George Chavez in his role as the Director of Emergency Services and ratified by the City Council on March 16, 2020.
ITEM E-4: ADOPTED, RES# 23-R-13455
5. RATIFICATION OF THE ENDORSEMENT OF THE DENVER DECLARATION ON
ENHANCING MAYORAL LEADERSHIP IN ADDRESSING HATE, EXTREMISM,
AND POLARIZATION AND SAFEGUARDING LOCAL DEMOCRACY IN THE
AMERICAS BY CITY MANAGER NANCY HUNT-COFFEY AT THE DIRECTION OF MAYOR JULIAN A. GOLD, M.D.
Comment: At the Cities Summit of Americas, which will be hosted on April 28, 2023 in Denver, CO, a declaration on Enhancing Mayoral Leadership in Addressing Hate, Extremism, and Polarization and Safeguarding Local Democracy in the Americas will be introduced and the cities who endorse the declaration will be announced at the end of the introduction of the declaration. At the direction of Mayor Gold, City Manager Nancy Hunt-Coffey endorsed the declaration on behalf of the City as the deadline for endorsement was April 14, 2023.
ITEM E-5: ADOPTED, RES# 23-R-13456
APPROVAL OF:
6. DENY REQUEST FROM METRO FOR A WAIVER OF THE PURPLE LINE - SECTION 2 MEMORANDUM OF AGREEMENT HOLIDAY MORATORIUM FOR SEVEN DESIGNATED HOLIDAYS BETWEEN MAY 2023 AND MID-NOVEMBER 2023.
Comment: Staff recommends that the City Council (1) review the Los Angeles County Metropolitan Transportation Authority’s (Metro) request for a waiver of the holiday moratorium; and (2) move to deny the waiver request.
ITEM E-6: APPROVED
7. ACCEPTANCE OF SETTLEMENT FUNDS FROM THE NATIONAL OPIOID LITIGATION SETTLEMENT; AND
APPROPRIATION OF $73,329.26 FROM THE POLICE DEPARTMENT GRANT
FUND TO FUND POLICE OPIOID RELATED PROGRAMS, TRAINING, SUPPLIES AND RELATED OPERATIONS.
Comment: Staff recommends that the City Council approve the acceptance of settlement funds received from the distribution of the National Opioid Litigation Settlement in the amount of $73,329.26 and authorize the City Manager or Chief of Police to execute and submit all documents needed for the administration of the National Opioid settlement including agreements, programs, purchases, and other National Opioid Settlement operations including written reports concerning the use of these funds. Staff recommends that the City Council appropriate funds from the City Council/Parking Authority Meeting
April 18, 2023
settlement to the Police Department Grant Fund in the amount of $73,329.26 for related expenses.
ITEM E-7: APPROVED
8. AN AGREEMENT WITH UPTOWN SERVICES, LLC FOR INFORMATION
TECHNOLOGY CONSULTING SERVICES RELATED TO NETWORK
INFRASTRUCTURE.
Comment: Staff recommends that the City Council approve the Agreement between the City of Beverly Hills and Uptown Services, LLC for Information Technology Consulting Services related to Network Infrastructure. The vendor provides support for network infrastructure. This includes, engineering services, coordination of installations, locating, documentation, and support.
ITEM E-8: APPROVED, AG# 174-23
9. AMENDMENT NO. 2 TO THE EMPLOYMENT AGREEMENT WITH HUMA AHMED.
Comment: This Amendment extends the term of the employment agreement with Huma Ahmed as City Clerk until 2028 and increases her base salary to $220,000 beginning on April 1, 2023.
Written Comment:
1. Angelina Divine
ITEM E-9: APPROVED, AG# 175-23
10. SECOND AMENDMENT/TERMINATION OF LEASE WITH DESTOMIL LLC AT LA CIENEGA PARK.
Comment: Staff recommends City Council approve the Second Amend5entlTermination of Lease by and between the City of Beverly Hills and Destomil LLC for the snack bar at La Cienega Park. The amendment terminates the lease for the snack bar effective February 28, 2023.
ITEM E-1O: APPROVED, AG# 176-23
11. A PURCHASE ORDER TO QUINN CATERPILLAR, INC. FOR A TOTAL NOT-TO EXCEED AMOUNT OF $181,820.96 FOR PURCHASE OF ONE (1) SIDE SHIFT BACKHOE LOADER.
Comment: Staff recommends that City Council waive the bidding requirements as the City is utilizing the Sourcewell bid process and move to approve a purchase order in the not to exceed amount of $181,820.96 to Quinn Caterpillar, Inc. for the purchase of specified Side Shift Backhoe Loader.
ITEM E-11: APPROVED
City Council/Parking Authority Meeting
April 18, 2023
12. A PURCHASE ORDER TO EWING IRRIGATION PRODUCTS INC. IN THE NOTTO-EXCEED AMOUNT OF $245,110 FOR THE PURCHASE OF REPLACEMENT IRRIGATION CONTROLLERS.
Comment: Staff recommends City Council move to waive bidding requirements and approve a purchase order to Ewing Irrigation Products Inc. in the not-to-exceed amount of $245,110 for the purchase of replacement irrigation controllers.
ITEM E-12: APPROVED
13. A PURCHASE ORDER TO PB LOADER CORPORATION FOR A TOTAL NOT-TOEXCEED AMOUNT OF $281,168.83 FOR PURCHASE OF ONE (1) COMPRESSED NATURAL GAS (CNG) FUELED 7 CUBIC YARD DUMP TRUCK.
Comment: Staff recommends that City Council waive the bidding requirements as the City is utilizing the Sourcewell bid process and move to approve a purchase order in the not to exceed amount of $281,168.83 to PB Loader Corporation for the purchase of specified Compressed Natural Gas Dump Truck.
ITEM E-13: APPROVED
14. AUTHORIZATION FOR A ONE TIME APPROPRIATION REQUEST OF $356,355
FROM THE GENERAL FUND FOR ANIMAL CARE AND CONTROL SERVICES COSTS PROVIDED DURING FISCAL YEAR 2022-23; AND
APPROVAL OF A CHANGE PURCHASE ORDER TO THE CITY OF LOS
ANGELES ANIMAL SERVICES IN THE AMOUNT OF $356,355 FOR A TOTAL NOT TO EXCEED $630,358.05 FOR FISCAL YEAR 2022-23.
Comment: Staff recommends that City Council authorizes a one-time appropriation request in the not-to-exceed amount of $356,355 from the General Fund to fund the annual Memorandum of Agreement with the City of Los Angeles for animal care and control services for fiscal year 2022-23; and approve a change purchase order in the amount of $356,355 for a total not-to-exceed amount of $630,358.05 for fiscal year 2022-23.
ITEM E-14: APPROVED
15. AWARD OF A CONTRACT TO COMMERCIAL DOOR COMPANY, FOR THE POLICE FACILITY HIGH SPEED ROLL-UP DOORS REPLACEMENT PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE NOT-TO EXCEED AMOUNT OF $327,478; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR WITH RESPECT TO DESIGN CRITERIA.
Comment: Staff recommends approval of the award of a contract to the lowest responsible bidder, Commercial Door Company, for the Police Facility High Speed City Council/Parking Authority Meeting
April 18, 2023
Roll-Up Door Replacement Project in the amount of $284,763, approval of a construction contingency in the amount of $42,715 (15%), approval of the plans and specifications as detailed in the bid documents, which are adopted and approved with respect to design criteria and approval of a purchase order in the not-to-exceed amount of $327,478.
ITEM E-15: APPROVED, AG# 177-23
16. ACCEPTANCE OF THE CONTRACT WORK FOR:
A. PAINTING PROJECT AT THE 221 N. CRESCENT DR. PARKING STRUCTURE, WITH SOUTH COAST PAINTING, INC., IN THE FINAL AMOUNT OF $206,325; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION B. WAYFINDING SIGNAGE PROJECT AT THE 221 N. CRESCENT DRIVE
PARKING STRUCTURE, WITH SIGN SPECIALISTS CORPORATION, IN THE FINAL AMOUNT OF $171,811.06; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION C. INSTALLATION OF CCTV AT 450 N. REXFORD DRIVE AND 9510 BRIGHTON WAY PARKING STRUCTURES, WITH A.J KIRKWOOD & ASSOCIATES, IN THE FINAL AMOUNT OF $498,493.10; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
Comment: Staff recommends acceptance of the described contract work and authorization of the City Clerk to record the Notices of Completion.
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.
CARRIED
F. CITY COUNCIL PUBLIC HEARING
TO SET:
None
City Council/Parking Authority Meeting
April 18, 2023
TO CONSIDER:
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS AMENDING
THE COMPREHENSIVE SCHEDULE OF TAXES, FEES, AND CHARGES FOR THE FISCAL YEAR 2023-2024.
Comment: It is recommended that the City Council continue this item to the second City Council meeting in May 2023 to ensure that noticing requirements are met.
ITEM F-I: BY ORDER OF THE CHAIR, ITEM CONTINUED TO MAY 16, 2023 TO ENSURE ALL NOTICING REQUIREMENTS ARE MET.
G. CITY COUNCIL CONTINUED AND NEW BUSINESS
EMERGENCY MEDICAL SERVICES (EMS) AND NURSE PRACTITIONER PROGRAM (NPP) UPDATE;
SEEKING DIRECTION FROM THE CITY COUNCIL ON EXPANDING THE NPP
AND RECOMMENDATIONS FOR AGREEMENTS, AMENDMENTS, PURCHASE ORDERS, AND APPROPRIATIONS;
APPROVAL OF AGREEMENTS AND PURCHASE ORDERS FOR FISCAL YEAR 2023/24 THROUGH FISCAL YEAR 2027/28;
APPROVAL OF AMENDMENTS AND CHANGE ORDERS FOR FISCAL YEAR 2022/23;
ONGOING APPROPRIATION FROM THE GENERAL FUND TOTALING $249,174 BEGINNING IN FISCAL YEAR 2022/23 FOR ADDITIONAL FUNDING FROM THE GENERAL FUND FOR THE EMERGENCY MEDICAL SERVICES’ NURSE
PRACTITIONER PROGRAM; AND
ONGOING APPROPRIATION FROM THE GENERAL FUND TOTALING $257,019 BEGINNING IN FISCAL YEAR 2023/24 FOR ADDITIONAL FUNDING FROM THE GENERAL FUND FOR THE EMERGENCY MEDICAL SERVICES’ NURSE
PRACTITIONER PROGRAM.
Comment: The Fire Department will be presenting an update and seeking direction from the Council on recommendations and requests related to its Emergency Medical Services’ Nurse Practitioner Program agreements, amendments, and appropriations.
Fire Chief Greg Barton presented information related to this item.
Council provided their questions and comments.
Fire Chief Greg Barton, EMS Administrator Sean Stokes, Director of Community Services Stephanie Harris responded to Council questions.
City Council/Parking Authority Meeting
April 18, 2023
MOVED by Councilmember Bosse, seconded by Councilmember Nazarian to approve item G-1 as follows:
TO APPROVE THE AGREEMENTS, AMENDMENTS, PURCHASE
ORDERS, CHANGE ORDERS, AND APPROPRIATIONS AS
RECOMMENDED BY STAFF
Ayes: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, and Mayor Gold.
Noes: None.
CARRIED
ITEM G-1: APPROVED, AG# 178-23 Alea Foster, FNP-C, AG# 179-23 Erin A.
West, FNP-BC, AG# 180-23 Karla B. Sonnier FNP-C, AG# 181-23 Tara S.
Abrams NP, AG# 182-23 Therese Marie Donnelly NP, AG# 183-23 Marc R.
Cohen, M.D., AG# 184-23 Caroline E. Jack, R.N., AG# 185-23 Partners In Care Foundation, AG# 186-23 Erin A. West, FNP-BC, AG# 187-23 Caroline E. Jack, R.N., AG# 188-23 Partners In Care Foundation
2. A. AN ORDINANCE OF THE CITY OF BEVERLY HILLS AUTHORIZING THE BEVERLY HILLS POLICE DEPARTMENT’S MILITARY EQUIPMENT USE INVENTORY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7071.
First Reading — For Introduction
Comment: Staff is recommending that City Council review the Military Equipment Use Inventory, which lists new items requested to be purchased by the Police Department, make the necessary determinations and findings, and adopt the Ordinance.
B. AN ORDINANCE OF THE CITY OF BEVERLY HILLS RENEWING ITS
MILITARY EQUIPMENT USE ORDINANCE IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 7071. First Reading — For Introduction Comment: Staff is recommending that City Council review the Military Equipment 2022 Annual Report, the Military Equipment Use Policy, and the Military Equipment Inventory that lists the military equipment currently in use by the Police Department, make the necessary determinations and findings, and adopt the Military Equipment Use Ordinance in accordance with Government Code Section 7071.
Lieutenant Robert Maycott and Sergeant Audra Alatorre presented information related to this item.
MOVED by Councilmember Bosse, seconded by Vice Mayor Friedman to approve item G-2 as follows:
AN ORDINANCE OF THE CITY OF BEVERLY HILLS AUTHORIZING
THE BEVERLY HILLS POLICE DEPARTMENT’S MILITARY
EQUIPMENT USE INVENTORY IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 7071, AND;
City Council/Parking Authority Meeting
April 18, 2023
AN ORDINANCE OF THE CITY OF BEVERLY HILLS RENEWING ITS
MILITARY EQUIPMENT USE ORDINANCE IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 7071 FOR INTRODUCTION
Ayes: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, and Mayor Gold.
Noes: None.
CARRIED
ITEM G-2: INTRODUCED AND READ BY TITLE ONLY
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS None
4. REPORT FROM THE CITY MANAGER
None
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS AND COMMENTS Councilmember Nazarian congratulated Councilmember Bosse on her previous term as Mayor, as well as Mayor Gold and Vice Mayor Friedman on their new roles.
H. COMMISSION SYNOPSIS
1. HEALTH AND SAFETY COMMISSION -Regular Meeting of February 27, 2023 TRAFFIC AND PARKING COMMISSION -Regular Meeting of March 2, 2023 DESIGN REVIEW COMMISSION -Regular Meeting of March 2, 2023 PUBLIC WORKS COMMISSION -Special Meeting of March 3, 2023 PLANNING COMMISSION -Regular Meeting of March 9, 2023
CULTURAL HERITAGE COMMISSION -Special Meeting of March 13, 2023 ARTS AND CULTURE COMMISSION -Regular Meeting of March 14, 2023 HUMAN RELATIONS COMMISSION -Regular Meeting of March 16, 2023 PLANNING COMMISSION -Regular Meeting of March 23, 2023
HEALTH AND SAFETY COMMISSION -Regular Meeting of March 27, 2023 ITEM H-I: APPROVED
OTHER BUSINESS
City Council/Parking Authority Meeting
April 18, 2023
J. ADJOURNMENT
The next regular City Council meeting is scheduled for Tuesday, May 2, 2023.
There being no further business, Mayor Gold, with the consent of the City Council, adjourned the meeting at 9:15 p.m.
PASSED, Approved and Adopted
this I 1th day of December, 2023
I / / /7 I / —
HUMA AHMED, City Clerk/Secretary
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.