CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL REGULAR MEETING AND PARKING AUTHORITY MEETING May 16, 2023
7:00 p.m.
Pursuant to Government Code Section 54953(e)(3), members of the Beverly Hills City Council and staffmay 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 Lauren Santillana
A. ROLL CALLS
Present: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, Mayor Gold
Absent: None
Mayor Gold requested a moment of silence be held in honor of long-time community member Brenda Rubins who passed away recently.
B. PRESENTATIONS
1. PRESENTATION — People Helping People -Tower Cancer Research Foundation Mayor Gold along with the entire City Council presented a certificate to Tower’sExecutive Director Steve Abramson and Deputy Director Kelli Sergent. Tower Cancer Research Foundation was established over 25 years ago to fund critical research and survivorship support programs.
2. PROCLAMATION — The City of Beverly Hills recognizes National Public Works Week Mayor Gold along with the entire City Council presented a certificate to Director of Public Works Shana Epstein and 2022 Public Work Award Winners in honor of National Public Works Week.
E-5
City Council Regular/Parking Authority Meeting
May 16, 2023
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 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.
1. Lauren Sax re: Doheny Drive
2. Steve Mayer re: Making public comments
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 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. Anil Desai re: Crosswalks, hotels
2. David Gingold re: Making public comments
3. Apostle re: Civil rights
Written Public Comments Read into the Record:
1. Daniela Anderson re: Cheval Blanc
2. Darian Bojeaux re: Cheval Blanc flyers3. Dr. Pablo Nan kin re: Cheval Blanc flyers
4. Janis Barquist re: Cheval Blanc flyers
D. PARKING AUTHORITY CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Director Nazarian, seconded by Director Bosse to approve item D-1 on the Parking Authority consent calendar
City Council Regular/Parking Authority Meeting
May 16, 2023
MOVED by Director Nazarian, seconded by Vice Chair Friedman to approve items D-2 and D-3 on the Parking Authority consent calendar
Minutes
1. CONSIDERATION OF THE MINUTES of the Parking Authority Meeting of May 24, 2022.
ITEM D-1: APPROVED
Other Business
APPROVAL OF:
2. AMENDMENT OF LEASE WITH DILIP DHUNGANA AND ANJU GHIMIRE DBA ANU BEAUTY & THREADING STUDIO AT 335 SOUTH ROBERTSON BOULEVARD; AMENDMENT OF LEASE WITH HANG NGUYEN DBA CONTEMPO NAILS AT 333 SOUTH ROBERTSON BOULEVARD;
AMENDMENT OF LEASE WITH ROBERTSON OPTICAL, AKBAR SOLTAN RAHMATI AND AZHRA FARZAMIGOHAR AT 327 1/2 SOUTH ROBERTSONBOULEVARD; AND
APPROVAL OF TERMINATION OF TENANCY, AND SETTLEMENT/RELEASE AGREEMENT WITH VIDA DELSHAD AND DAVID DELSHAD DBA SHORTY YOGAAT 333 1/2 SOUTH ROBERTSON BOULEVARD.
Comment: Staff recommends The Parking Authority Board of Directors approve:
Amendment of Lease by and between The Parking Authority of the City of Beverly Hills and Dilip Dhungana and Anju Ghimire DBA Anu Beauty & Threading Studio (“Anu Beauty”) at 335 South Robertson Boulevard;
Amendment of Lease by and between The Parking Authority of the City of Beverly Hills and Hang Nguyen DBA Contempo Nails (“Contempo Nails”) at 333 South Robertson Boulevard;
Amendment of Lease by and between The Parking Authority of the City of Beverly Hills and Robertson Optical, Akbar Soltan Rahmati and Azhra Farzamigohar (“RobertsonOptical”) at 327 1A South Robertson Boulevard; and Termination of Tenancy, and Settlement/Release Agreement by and between The Parking Authority of the City of Beverly Hills and Vida Delshad and David Delshad DBA Shorty Yoga (“Shorty Yoga”) at 333 1/2 South Robertson Boulevard.
The agreements will release The Parking Authority of all tenant claims for potential relocation fees and release the tenants from certain rent obligations.
ITEM D-2: APPROVED
City Council Regular/Parking Authority Meeting
May 16, 2023
DILIP DHUNGANA AND ANJU GHIMIRE - AG# PA-23-004HANG NGUYEN - AG# PA-23-005 AKBAR SOLTAN RAHMATI AND AZHRA FARZAMIGOHAR - AG# PA-23-006 VIDA DELSHAD AND DAVID DELSHAD - AG# PA-23-007
3. SECOND AMENDMENT TO BROKER LEASING COMMISSION AGREEMENT WITH CBRE, INC. FOR THE LEASE OF TENANT SPACE AT 463 NORTH BEDFORD DRIVE AND 9680 SOUTH SANTA MONICA BOULEVARD.
Comment: Staff recommends The Parking Authority Board of Directors approve theSecond Amendment to Broker Leasing Commission Agreement by and between The Parking Authority of the City of Beverly Hills and CBRE, Inc. for the lease of the tenant space at 463 North Bedford Drive and 9680 South Santa Monica Boulevard. Theamendment will extend the term of the agreement through November 23, 2023.
ITEM D-3: APPROVED, AG# PA-23-008
Vote on the Parking Authority Consent Calendar Item D-1:
Ayes: Director Bosse, Director Mirisch, Vice Chair Friedman, and Chair Gold.
Noes: None.
Abstain: Director Nazarian.
CARRIED
Vote on the Parking Authority Consent Calendar Items D-2 and D-3:
Ayes: Director Nazarian, Director Bosse, Director Mirisch, Vice Chair Friedman, and Chair Gold.
Noes: None.
CARRIED
E. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORTMOVED by Councilmember Bosse, seconded by Councilmember Mirisch to approve items E-1 — E-5 on the City Council Consent Calendar
MOVED by Councilmember Bosse, seconded by Councilmember Mirisch to approve items E-6 — E-14 on the City Council Consent Calendar and direct that the appropriate accounts be charged on items E-6 and E-7 City Council Regular/Parking Authority Meeting
May 16, 2023Page 5
Minutes
1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session Meeting of March 1, 2022.ITEM E-1: APPROVED
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session Meeting of March 15, 2022.
ITEM E-2: APPROVED
3. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Special Study Session Meeting of May 17, 2022.
ITEM E-3: APPROVED
4. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Special Study Session Meeting of May 24, 2022.
ITEM E-4: APPROVED
5. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Regular Meeting and Parking Authority Meeting of May 24, 2022.
ITEM E-5: APPROVED
Demands Paid
6. REVIEW OF BUDGETED DEMANDS PAID, covering dates April 25, 2023 to May 08, 2023.
ITEM E-6: APPROVED
7. PAYROLL DISBURSEMENT REPORT, covering dates April 25, 2023 to May 08, 2023.
ITEM E-7: APPROVED
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
None
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
8. ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIRANDACCOUNTABILITYACTOF 2017.
City Council Regular/Parking Authority Meeting
May 16, 2023
Comment: Staff recommends City Council approve the Resolution to adopt a list of projects for Fiscal Year 2023/24 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.
ITEM E-8: APPROVED, RES# 23-R-1 3457
9. ACCEPTING A GRANT AWARDED BY THE BOARD OF STATE AND
COMMUNITY CORRECTIONS FOR OFFICER WELLNESS AND MENTAL
HEALTH; AND
APPROPRIATION OF FUNDS IN THE AMOUNT OF $94,781.16 FOR VARIOUS
OFFICER WELLNESS AND MENTAL HEALTH RELATED PURCHASES INTO THE POLICE DEPARTMENT GRANT FUND; AND
AUTHORIZE THE CITY MANAGER OR CHIEF OF POLICE TO APPROVE
PURCHASES, AGREEMENTS AND ACTIVITIES RELATED TO OFFICER WELLNESS AND MENTAL HEALTH PROGRAMS AND ACTIVITIES.
Comments: Staff recommends the City Council authorize the acceptance of grant funding from the Board of State and Community Corrections (BSCC) and authorizethe City Manager or Chief of Police to execute and submit all documents needed for the administration of the Officer Wellness and Mental Health Grant Program, including applications, agreements, programs, purchases and other Officer Wellness and Mental Health activities and reporting related to the use of these funds. Staff recommends that the City Council appropriate funds received from the grant to the Police Department Grant Fund in the amount of $94,781.16.
ITEM E-9: APPROVED, RES# 23-R-1 3458
APPROVAL OF:
10. AMENDMENT NO. I TO THE AGREEMENT WITH JULIUS J. GUAY, PHD FOR
REAL TIME WATCH CENTER PROJECT MANAGEMENT AND AS NEEDED CONSULTING SERVICES; AND
APPROVAL OF A CHANGE PURCHASE ORDER TO JULIUS J. GUAY, PHD IN THE AMOUNT OF $70,000 FOR A TOTAL NOT TO EXCEED AMOUNT OF $170,000.
Comment: Staff recommends approval of Amendment No. I to the Agreement with Julius J. Guay, PhD for real time watch center project management and as needed consulting services. Staff also seeks City Council approval of a Fiscal Year 2022- 2023 change purchase order in the amount of $70,000 for a total not to exceed amount of $170,000 for Julius J. Guay, PhD for real time watch center project management and as needed consulting services.
ITEM E-10: APPROVED, AG# 239-23
11. AMENDMENT NO. 6 WITH PSOMAS FOR AS-NEEDED ENGINEERING
SERVICES FOR THE IMPLEMENTATION OF THE LOS ANGELES COUNTY City Council Regular/Parking Authority Meeting
May 16, 2023
METROPOLITAN TRANSPORTATION AUTHORITY’S PURPLE LINE EXTENSION PROJECT; AND
APPROVAL OF AN APPROPRIATION OF $4,740,700 FROM THE GENERAL
FUND (ALL COSTS IN FURTHERANCE OF THE PROJECT WILL BE
REIMBURSED BY LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY); AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $4,740,700 FOR FISCAL YEAR 2023/24 FOR A TOTAL NOT TO EXCEED AMOUNT OF $31,943,900.Comment: Staff recommends that City Council move to approve Amendment No. 6 to an Agreement with Psomas to provide as-needed engineering services related tothe Purple Line Extension Project, Segments I and 2; approve an appropriation of $4,740,700 from the General Fund to the ongoing contractual services account (No.001-12401-731220); and approve a purchase order in the amount of $4,740,700 for Fiscal Year 2023/24 for a total not to exceed contract amount of $31,943,900.ITEM E-1 1: APPROVED, AG# 240-23
12. AMENDMENT NO. 7 WITH THE LOS ANGELES COUNTY METROPOLITAN
TRANSPORTATION AUTHORITY, AND ENVIRONMENTAL INTELLIGENCE, LLC,
FOR INDEPENDENT COMPLIANCE MONITORING SERVICES FOR SEGMENTS I AND 2 OF THE PURPLE LINE EXTENSION PROJECT; AND
APPROVAL OF AN APPROPRIATION OF $2,766,000 FROM THE GENERAL
FUND (ALL COSTS IN FURTHERANCE OF THE PROJECT WILL BEREIMBURSED BY LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY); ANDAPPROVAL OF A CHANGE PURCHASE ORDER TO ENVIRONMENTAL
INTELLIGENCE, LLC FOR INDEPENDENT COMPLIANCE MONITORING SERVICES IN THE AMOUNT OF $2,766,000 FOR A TOTAL AMOUNT NOT TO EXCEED $15,650,800.
Comment: Staff recommends approval of Amendment No. 7 to an Agreement with Los Angeles County Metropolitan Transportation Authority (Metro) andEnvironmental Intelligence, LLC (El) to provide independent compliance monitoring services related to Segments 1 and 2 of the Purple Line Extension Project throughJune 30, 2024. Staff also recommends approval of an appropriation of $2,766,000 from the General Fund to the ongoing contractual services account and approve a purchase order in the amount of $2,766,000 for Fiscal Year 2023/24 for a total not to exceed contract amount of $15,650,800. The cost of El’s services associated with the Purple Line Extension Project will be reimbursed by Metro, with the exception of an estimated $57,794 for in-person monitoring at the Beverly Hills High School, which is paid for by the City.
ITEM E-12: APPROVED, AG# 241 -23
City Council Regular/Parking Authority Meeting
May 16, 2023
13. A. REJECTION OF PREVIOUS BIDS FOR PEDESTRIAN CROSSING TRAFFIC SIGNAL IMPROVEMENTS — 400 BLOCK OF N. BEVERLY DRIVE.
B. AWARD OF A CONTRACT TO THE LOWEST RESPONSIBLE BIDDER CROSSTOWN ELECTRICAL & DATA, INC., FOR PEDESTRIAN CROSSING TRAFFIC SIGNAL IMPROVEMENTS — 400 BLOCK OF N. BEVERLY DRIVE, INTHE AMOUNT OF $371,866; AND
APPROVE THE PLANS AND SPECIFICATIONS THEREFOR WITH RESPECT TO DESIGN CRITERIA; AND
APPROVE ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF
$409,053 TO CROSSTOWN ELECTRICAL & DATA, INC. FOR THE PROJECT.
Comments: Staff recommends City Council move to: A) reject previous bids for the Pedestrian Crossing Traffic Signal Improvements — 400 Block of N. Beverly Drive; and B) approve the award of a contract to the lowest responsible bidder, Crosstown Electrical & Data, Inc., for the Pedestrian Crossing Traffic Signal Improvements — 400 Block of N. Beverly Drive, in the amount of $371,866; approve the plans and specifications for the project with respect to design criteria; approve a construction contingency of 10% in the amount of $37,187 and delegate the authority to approve change orders to the Director of Public Works; and approve the issuance of a purchase order to Crosstown in the amount of $409,053. This project consists ofrepair and replacement of existing traffic signal infrastructure and is therefore categorically exempt from CEQA under Class 1(c) for existing facilities.
ITEM E-13: APPROVED, AG# 242-23
14. ACCEPTANCE OF THE CONTRACT WORK FOR:
A. LIBRARY ROOFING REPAIR AND PARTIAL ROOF REPLACEMENT
PROJECT, WITH BEST CONTRACTING, INC., IN THE FINAL AMOUNT OF $116,305.02; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
B. FIRE STATION HEADQUARTERS CHILLER REPLACEMENT PROJECT, WITH THERMAL CONCEPT INC., IN THE FINAL AMOUNT OF $160,448; 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-14: APPROVED
City Council Regular/Parking Authority Meeting
May 16, 2023
Vote on the City Council Consent Calendar Items E-1 — E-5:
Ayes: Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, and Mayor Gold.
Noes: None.
Abstain: Councilmember Nazarian
CARRIED
Vote on the City Council Consent Calendar Items E-6 — E-14:
Ayes: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, and Mayor Gold.
Noes: None.
CARRIED
F. CITY COUNCIL PUBLIC HEARING
TO SET:
None
TO CONSIDER:
1. AN ORDINANCE OF THE CITY OF BEVERLY HILLS ESTABLISHING
PROHIBITIONS ON FRACTIONAL OWNERSHIP OF RESIDENTIAL AND COMMERCIAL PROPERTY AND AMENDING NOTICING REQUIREMENTS. — First Reading for Introduction Comment: First reading of a draft ordinance to prohibit fractional ownership of residential and commercial property and amending noticing requirements. ThePlanning Commission has previously reviewed and recommended this ordinance for approval, per Resolution No. 2019. Pursuant to the provisions set forth in theCalifornia Environmental Quality Act (CEQA), the City Council will also consider finding the project exempt from further review under CEQA.
Senior Planner Chloe Chen presented information related to this item.Council provided their questions and comments.Senior Planner Chloe Chen, Assistant City Manager Ryan Gohlich, Director of Community Development Timothea Tway, and City Attorney Laurence Wiener responded to council questions.
MOVED by Councilmember Bosse, seconded by Councilmember Mirisch to approve item F-I as follows:
City Council Regular/Parking Authority Meeting
May 16, 2023
THAT THE FULL READING OF THE ORDINANCE BE WAIVED ANDTHE ORDINANCE ENTITLED “AN ORDINANCE OF THE CITY OF
BEVERLY HILLS ESTABLISHING PROHIBITIONS ON FRACTIONAL
OWNERSHIP OF RESIDENTIAL AND COMMERCIAL PROPERTY AND
AMENDING NOTICING REQUIREMENTS” BE INTRODUCED AND
READ BY TITLE ONLY AND THAT THE PROJECT BE FOUNDEXEMPT FROM CEQA Ayes: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, and Mayor Gold.
Noes: None.
ITEM F-I: ORDINANCE INTRODUCED AND READ BY TITLE ONLY
2. RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS AMENDING THE COMPREHENSIVE SCHEDULE OF TAXES, FEES, AND CHARGES FORTHE FISCAL YEAR 2023-2024.
Comment: It is recommended that the City Council considers amending the City’s fees and charges and adopts the resolution implementing those changes for FiscalYear 2023-2024.
Director of Finance Jeff Muir presented information related to this item.
Speaker:
1. David Gingold
Council provided their questions and comments.
Director of Community Development Timothea Tway, Assistant City Manager Ryan Gohlich, City Attorney Laurence Wiener, Director of Community Services Stephanie Harris, Director of Public Works Shana Epstein, City Manager Nancy Hunt-Coffey, Revenue Manager Emily Armstrong responded to council questions.
MOVED by Councilmember Bosse, seconded by Councilmember Nazarian to approve item F-I as follows:
THAT THE RESOLUTION ENTITLED “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” BE ADOPTEDAyes: Councilmember Nazarian, Councilmember Bosse, Councilmember Mirisch, Vice Mayor Friedman, and Mayor Gold.
Noes: None.
ITEM F-2: APPROVED, RES# 23-R-1 3459
City Council Regular/Parking Authority Meeting
May 16, 2023
G. CITY COUNCIL CONTINUED AND NEW BUSINESS
I. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS
2. REPORT FROM THE CITY MANAGER
Item A-4 from the afternoon Study Session meeting was delayed until the formal meeting. Director of Public Works Shana Epstein presented information on California’s emergency drought and City Manager order concerning waterconservation measures.Speaker:
1. David Gingold
Written Public Comments Read into the Record:
1. Wendy Nystrom
2. Chuck Alpert
Council provided their questions and comments.
Director of Public Works Shana Epstein responded to council questions.
Council supported the recommendations.
3. CITY COUNCILMEMBER AND COMMITTEE REPORTS AND COMMENTS Councilmember Mirisch reported that he attended the annual SCAG conference.Councilmember Nazarian reported on upcoming legislation related to EV chargers.Councilmember Bosse congratulated Mayor Gold on becoming President of theContract Cities Association.
H. COMMISSION SYNOPSIS
I. DESIGN REVIEW COMMISSION -Special Meeting of April 3, 2023 TRAFFIC AND PARKING COMMISSION -Regular Meeting of April 6, 2023 PUBLIC WORKS COMMISSION -Regular Meeting of April 13, 2023PLANNING COMMISSION -Regular Meeting of April 13, 2023 ARCHITECTURAL COMMISSION -Regular Meeting of April 19, 2023 PLANNING COMMISSION -Regular Meeting of April 27, 2023HUMAN RELATIONS COMMISSION -Regular Meeting of April 20, 2023 ITEM H-I: NO ACTION TAKEN
OTHER BUSINESS
J. ADJOURNMENT
City Council Regular/Parking Authority Meeting
May 16, 2023Page 12
The next regular City Council meeting is scheduled for June 6, 2023.There being no further business, Mayor Gold, with the consent of the City Council, adjourned the meeting at 9:07 p.m.
PASSED, Approved and Adopted
this 23rd day of January, 2024
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.