CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
March 11,2024
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 Karen Platt
Mayor Gold announced that Councilmember Mirisch is traveling and Councilmember Bosseis ill. Both are unable to attend the meeting.
A. ROLL CALLS
Present: Councilmember/Director Nazarian, Vice MayorNice Chair Friedman, Mayor/Chair Gold
Absent: Councilmember/Director Bosse, Councilmember/Director Mirisch Mayor Gold held a moment of silence in remembrance of Bill Brand who served as Mayor for the City of Red ondo Beach and recently passed away.
B. PRESENTATIONS
1. PEOPLE HELPING PEOPLE — The Magbit Foundation
Mayor Gold, along with the entire City Council, presented the Magbit Foundation with a recognition for their dedication to education and providing opportunity to deserving students in Israel and the United States with loans and scholarships for higher education.
President of the Magbit Foundation, Hank Dayani, accepted the award.
BEVE R LY’
‘HILLS..’
City Council Regular/Parking Authority Meeting
March 11, 2024
2. 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 ‘BHPDaIert” to 888777. Text alerts will keep you informed of any Police activity within the City.
Mayor Gold announced that text messages on any City-related topic may be sent to (310) 596-4265, and to text BHPDaIert 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 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. 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.
D. PARKING AUTHORITY CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Director Nazarian, seconded by Director Friedman to approve all items on the Parking Authority consent calendar
Minutes
1. CONSIDERATION BY THE PARKING AUTHORITY OF THE MINUTES of the Meeting of June 27, 2023.
ITEM D-1: APPROVED
Other Business
None
City Council Regular/Parking Authority Meeting
March 11,2024
Vote on the Parking Authority Consent Calendar:
Ayes: Director Nazarian, Vice Chair Friedman and Chair Gold.
Noes: None.
Absent: Director Bosse, Director Mirisch
CARRIED
E. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Mayor Gold, seconded by Vice Mayor Friedman to approve all items on the City Council Consent Calendar, and direct that the appropriate accounts be charged on items E-2 and E-3
Minutes
1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Regular Meeting of June 27, 2023.
ITEM E-1: APPROVED
Demands Paid
2. REVIEW OF BUDGETED DEMANDS PAID, covering dates February 9, 2024 to March 4, 2024.
ITEM E-2: APPROVED
3. PAYROLL DISBURSEMENT REPORT, covering dates February 9, 2024 to March 4, 2024.
ITEM E-3: APPROVED
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
4. AMENDING THE MIXED USE OVERLAY ZONE REGULATIONS APPLICABLE TO RESIDENTIAL CONVERSION OF EXISTING COMMERCIAL BUILDINGS TO MIXEDUSE BUILDINGS AND AN ADDENDUM TO AN ADOPTED NEGATIVEDECLARATION (ND) FOR THE MIXED USE OVERLAY ZONE AMENDMENTS.
Second Reading — For Adoption.Comment: Due to a clerical error, this item requests City Council to re-adopt theOrdinance which amends the Mixed Use Overlay Zone regulations in order to allow the residential density for converted buildings to be calculated based on the floor area of City Council Regular/Parking Authority Meeting
March 11,2024
the existing building and the minimum required unit size of 500 square feet rather thanthe property size.
ITEM E-4: RE-ADOPTED; ORD #24-0-2886
5. TO MODIFY RATES AND CHARGES FOR WATER AND WASTEWATER SERVICES AND FACILITIES FURNISHED BY THE CITY AND ADDING NEW SECTION 6-1-308 (WASTEWATER SERVICE CHARGES) TO ARTICLE 3 (WASTEWATER SYSTEM) OF CHAPTER 1 (CITY UTILITY SERVICES) OF TITLE 6 (UTILITIES AND
FRANCHISES) OF THE BEVERLY HILLS MUNICIPAL CODE AND RENUMBERING THE REMAINING SECTIONS OF ARTICLE 3 ACCORDINGLY. Second Reading — For Adoption
Comment: This ordinance amends the Beverly Hills Municipal Code to modify rates and charges for water and wastewater services and facilities furnished by the City.
ITEM E-5: ADOPTED; ORD #24-0-2888
6. AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO REGULATE POLYSTYRENE FOODWARE AND PLASTIC WASTE. First Reading — For Introduction.
Comment: Prohibits the use and distribution of single-use plastic and polystyrene foodware. The City Council will also consider finding the ordinance exempt from review under the California Environmental Quality Act.
ITEM E-6: INTRODUCED AND READ BY TITLE ONLY, ADVANCE TO THE MEETING OF MARCH 18, 2024 FOR ADOPTION
7. AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO APPLY DEWATERING PROVISIONS OF THE WATER SUPPLY ORDINANCE TO BUILDINGS IN THE ONEFAMILY RESIDENTIAL ZONES THAT ARE NEWLY CONSTRUCTED OR PROPERTIES THAT ARE SUBSTANTIALLY REMODELED. First Reading — ForIntroduction.
Comment: Removes the exemption for single-family residential properties from the Dewatering Ordinance and applies the requirements to use groundwater for beneficialuse or alternatively pay a replenishment fee for new and substantially remodeled single-family residential projects.
ITEM E-7: INTRODUCED AND READ BY TITLE ONLY, ADVANCE TO THE MEETING OF MARCH 18, 2024 FOR ADOPTION
8. AMENDING CHAPTER 6 (SHARED MOBILITY DEVICES) OF TITLE 7 (TRAFFIC,
PARKING, AND PUBLIC TRANSPORTATION) OF THE BEVERLY HILLS MUNICIPAL
CODE TO EXTEND THE PROHIBITION ON SHARED MOBILITY DEVICES BEING PLACED IN ANY PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OPERATEDIN ANY PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY, OR OFFERED FORUSE ANYWHERE IN THE CITY, AND TO REPEAL THE SUNSET DATE OF SUCHPROHIBITION. First Reading — For Introduction City Council Regular/Parking Authority Meeting
March 11,2024
Comment: Extends the prohibition of shared mobility devices beyond the April 18, 2024 sunset date by repealing the sunset date section.
ITEM E-8: INTRODUCED AND READ BY TITLE ONLY, ADVANCE TO THE MEETING OF MARCH 18, 2024 FOR ADOPTION
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
9. APPROVING AN AMENDED AND RESTATED JOINT POWERS AGREEMENT BY
AND AMONG THE CITY OF BEVERLY HILLS AND THE OTHER MEMBER AGENCIES OF THE LOS ANGELES AREA INTEGRATED WASTE MANAGEMENT AUTHORITY.
Comment: Staff recommends that City Council adopt a resolution approving anamended and restated Joint Powers Agreement by and among the City of Beverly Hills and other member agencies of the Los Angeles Area Integrated Waste Management Authority.
ITEM E-9: ADOPTED; RES #24-R-1 3500; AG #90-24
APPROVAL OF:
10. REQUEST FOR THE CITY COUNCIL TO CONSIDER A FREE USE DAY FOR THE INSTALLATION OF MAYOR AND VICE MAYOR ON TUESDAY, APRIL 2, 2024, AT THE WALLIS ANNENBERG CENTER FOR THE PERFORMING ARTS.
Comment: This item is a request for the City Council to consider an approval for a freeuse day of the WaIlis Annenberg Center for the Performing Arts to host the Installation of the Mayor and Vice Mayor on Tuesday, April 2, 2024.
ITEM E-10: APPROVED
11. AGREEMENT WITH DKS ASSOCIATES FOR DESIGN OF THE RECTANGULAR
RAPID FLASHING BEACON (RRFB) AND PEDESTRIAN HYBRID BEACON (PHB) SYSTEM FOR PEDESTRIAN CROSSINGS; AND
APPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $151,966.00.
Comment: Staff recommends City Council approve an agreement with DKS Associates for Design of the Rectangular Rapid Flashing Beacon and Pedestrian Hybrid Beacon System for Pedestrian Crossings in the amount of $151,966.00; and approve the issuance of a purchase order to DKS Associates in the amount of $151,966.00. Robertson Boulevard/Gregory Way and Olympic Boulevard between Wetherly and Almont Drives were determined as high priority locations for new pedestrian crossings through a data-driven ranking process and review by the Traffic and Parking Commission.
ITEM E-11: APPROVED, AG #91 -24
City Council Regular/Parking Authority Meeting
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12. A CHANGE PURCHASE ORDER TO S & J SUPPLY COMPANY, INC. IN THE AMOUNT OF $30,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $130,000 FOR THE PURCHASE OF WATERWORKS SUPPLIES.
Comment: Staff recommends that City Council approve a change purchase order to S& J Supply Company, Inc. in the amount of $30,000 for a total not-to-exceed amountof $130,000 for the purchase of waterworks supplies.
ITEM E-12: APPROVED
13. ACCEPTANCE OF THE CONTRACT WORK FOR THE FOOTHILL WATER
TREATMENT PLANT PRE-TREATMENT SYSTEM WITHIN THE CITY OF BEVERLY HILLS, CALIFORNIA BY SHIMMICK CONSTRUCTION COMPANY, INC., IN THEFINAL AMOUNT OF $10,514,399.32; AND AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
Comment: Staff recommends that City Council accept the described work for the Foothill Water Treatment Plant Pre-Treatment System within the City of Beverly Hills, California by Shimmick Construction Company, Inc. in the final amount of$10,514,399.32 and authorize the City Clerk to record the Notice of Completion.
ITEM E-13: APPROVED
Vote on the City Council Consent Calendar:
Ayes: Councilmember Nazarian, Vice Mayor Friedman and Mayor Gold Noes: None
Absent: Councilmember Bosse, Councilmember Mirisch
CARRIED
F. CITY COUNCIL PUBLIC HEARING
TO SET:
None
TO CONSIDER:
1. AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY
HILLS MUNICIPAL CODE TO REGULATE ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS, AND FINDING THE ORDINANCE TO BE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. FirstReading — For Introduction Comment: Staff recommends that the City Council waive the full reading of theordinance and introduce it by title only for first reading. The ordinance would update City Council Regular/Parking Authority Meeting
March 11,2024
regulations pertaining to accessory dwelling units, in compliance with state law andper the Planning Commissions recommendation.
Item taken after Item F-2.
City Planner Masa Alkire presented information related to this item.
Speakers:
1. Karen Platt
2. Shahram MelamedWritten Public Comments Read into the Record:
1. Darian Bojeaux and Lee Pasternak
2. Solomon Rotchel
Assistant City Manager Ryan Gohlich and City Planner Masa Alkire responded to Council questions
MOVED by Councilmember Nazarian, seconded by Vice Mayor Friedman to approve item F-i as follows:
THAT THE FULL READING OF THE ORDINANCE BE WAIVED AND THE ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY OF BEVERLY
HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO
REGULATE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORYDWELLING UNITS”, AND FINDING THE ORDINANCE TO BE EXEMPT
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BE
INTRODUCED AND READ BY TITLE ONLY
Ayes: Councilmember Nazarian, Vice Mayor Friedman, Mayor Gold Noes: None
Absent: Councilmember Bosse, Councilmember Mirisch
CARRI ED
ITEM F-I: INTRODUCED AND READ BY TITLE ONLY, ADVANCE TO THE MEETING OF MARCH 18, 2024 FOR ADOPTION
2. AN APPEAL OF STAFF’S OCTOBER 13, 2023 INCOMPLETE DETERMINATION, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65943(c), PERTAINING TO THE REVIEW OF AN APPLICATION FOR A PROPOSED 19- STORY RESIDENTIAL AND COMMERCIAL MIXED USE BUILDING AT 125-129SOUTH LINDEN DRIVE.
Comment: On March 1, 2024, Rand Paster Nelson, LLP, on behalf of 9300 Wilshire, LLC (the “Applicant”) asked that the meeting be continued to April 16, 2024.
Item taken before Item F-i.
ITEM F-2: AT THE REQUEST OF THE APPLICANT, AND ABSENT OBJECTION, THIS MATTER IS CONTINUED BY ORDER OF THE MAYOR TO APRIL 16, 2024.
City Council Regular/Parking Authority Meeting
March 11,2024Page 8
G. CITY COUNCIL CONTINUED AND NEW BUSINESS
I. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS None
2. REPORT FROM THE CITY MANAGER
None
3. CITY COUNCILMEMBER AND COMMITTEE REPORTS AND COMMENTS Councilmember Nazarian spoke on the life of Dr. Benjamin Harouni, a dentist who was tragically murdered in San Diego. The Mayor adjourned the meeting in his memory.
H. COMMISSION SYNOPSIS
I. CULTURAL HERITAGE COMMISSION -Regular Meeting of January 10, 2024 DESIGN REVIEW COMMISSION - Regular Meeting of February 1, 2024 TRAFFIC AND PARKING COMMISSION -Regular Meeting of February 1, 2024 PUBLIC WORKS COMMISSION -Regular Meeting of February 8, 2024PLANNING COMMISSION -Regular Meeting of February 8, 2024HUMAN RELATIONS COMMISSION -Regular Meeting of February 15, 2024 ARCHITECTURAL COMMISSION - Regular Meeting of February 21, 2024 HEALTH AND SAFETY COMMISSION -Regular Meeting of February 26, 2024 ITEM H-I: APPROVED
I. OTHER BUSINESS
J. ADJOURNMENT
The next City Council regular meeting is scheduled for March 18, 2024.There being no further business, Mayor Gold, with the consent of the City Council, adjourned the meeting at 8:16 p.m.
City Council Regular/Parking Authority Meeting
March 11, 2024
PASSED, Approved and Adopted
this I 7th day of September, 2024
LESTER J. FRIEDMAN, MAYORICHAIR
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTVIO Spectrum Cable.
UMA AHMED, City ClerklSecretary