CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL REGULAR MEETING AND PARKING AUTHORITY MEETING May 21, 2024
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 Friedman at 7:00 p.m.
PLEDGE OF ALLEGIANCE led by David Hunt Stafford, Theatre 40 A. ROLL CALLS
Present: Councilmember Wells, Councilmember Corman, Councilmember Mirisch, Vice Mayor Nazarian, Mayor Friedman
Absent: None
Present: Director Wells, Director Corman, Director Mirisch, Vice Chair Nazarian, Chair
Absent: None
B. PRESENTATIONS
1. PRESENTATION — Public Works Week — (May 19-25) Proclamation Honoring Public Works Employees
Mayor Friedman, along with the entire City Council, presented a proclamation to the Public Works department in honor of Public Works Week.
2. PRESENTATION — Theatre 40 — Proclamation Honoring the Beverly Hills Based Professional Theatre Company
Mayor Friedman, along with the entire City Council, presented a proclamation to David Hunt Stafford from Theatre 40 in recognition of 58 years of entertainment in the community.
Friedman
D-2
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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.
Mayor 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.
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 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. 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. Asher Arom re: Apartment inspections
2. Azar Elihu re: Parking
3. Mitch Waldow re: Public Works and DuPont Clinic
4. Colleen Rabin re: DuPont Clinic
5. Amanda Bird re: Fees for nonprofits
6. Michael Edwards re: North Portal
7. Heather Eels re: DuPont Clinic
8. Lindsay Carlson re: DuPont Clinic
9. Joanna Spilker re: DuPont Clinic
10. Dawson Whitner re: DuPont Clinic11. Lucy Stutz re: DuPont Clinic
12. Karen Mann re: DuPont Clinic13. Andrea Grossman re: DuPont Clinic
14. Lori Carney re: DuPont Clinic15. Julia Trainer re: DuPont Clinic16. Devki Joshi re: DuPont Clinic City Council Regular/Parking Authority Meeting
May21, 2024
17. Gina Seidel re: DuPont Clinic18. Amanda Smith re: DuPont Clinic
19. Gay Abrams re: DuPont Clinic
20. Kim Bader re: DuPont Clinic
21. DuVergne Gaines re: DuPont Clinic
22. Sofia Tomanov re: DuPont Clinic
23. Dale Gibson re: DuPont Clinic24. Jaqueline re: DuPont Clinic25. Mary Rothman re: DuPont Clinic26. Zack Ritter re: DuPont Clinic
27. Mary Jane Gibson re: DuPont Clinic28. Amanda Rykoff re: DuPont Clinic29. Max Caden re: DuPont Clinic
30. Joshua Booker re: Protest and other matters31. Apostle Cardenas re: Louis Vuitton and other matters32. Keely Field re: DuPont Clinic33. Carol Scott re: DuPont Clinic Written Public Comments Read into the Record:
1. Victoria Cormack re: DuPont Clinic
2. Ellen Lutwak re: DuPont Clinic
3. A. Reiss re: Saks Project
D. PARKING AUTHORITY CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Chair Nazarian, seconded by Director Mirisch to approve all items on the Parking Authority consent calendar
Minutes
1. CONSIDERATION BY THE PARKING AUTHORITY OF THE MINUTES of the Meeting of November 7, 2023.ITEM D-1: APPROVED
2. CONSIDERATION BY THE PARKING AUTHORITY OF THE MINUTES of the Meeting of November 21, 2023.
ITEM D-2: APPROVED
Other Business
None
Vote on the Parking Authority Consent Calendar Items:
Ayes: Director Mirisch, Vice Chair Nazarian, Chair Friedman City Council Regular/Parking Authority Meeting
May 21, 2024
Noes: None
Abstain: Director Wells, Director Corman
CARRI ED
E. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councilmember Wells, seconded by Councilmember Nazarian to approve items E-1 through E-3 on the City Council Consent Calendar.
MOVED by Councilmember Wells, seconded by Councilmember Corman to approve the remaining items on the City Council Consent Calendar, and direct thatthe appropriate accounts be charged on items E-4 and E-5 Minutes
1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session Meeting of November 7, 2023.
ITEM E-1: APPROVED
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of November 7, 2023.
ITEM E-2: APPROVED
3. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of November 21, 2023.
ITEM E-3: APPROVED
Demands Paid
4. REVIEW OF BUDGETED DEMANDS PAID, covering dates April 30, 2024 to May 13, 2024.
ITEM E-4: APPROVED
5. PAYROLL DISBURSEMENT REPORT, covering dates April 30, 2024 to May 13, 2024.
ITEM E-5: APPROVED
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Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
6. A. AUTHORIZING THE BEVERLY HILLS POLICE DEPARTMENT’S MILITARY
EQUIPMENT USE INVENTORY IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7071
B. 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 Use Policy and Inventory listing items currently in use by the Police Department, as well the list of new items requested to be purchased and adopt the appropriate Ordinances under Government Code § 7071(d)(1).
ITEM E-6: INTRODUCED AND READ BY TITLE ONLY, ADVANCE TO THE MEETING OF JUNE 18, 2024 FOR ADOPTION
7. AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO ESTABLISH A CITY
HOLIDAY SCHEDULE AND AMENDING THE HOLIDAY CONSTRUCTION
MORATORIUM. Second Reading — For Adoption
Comment: This ordinance amends the Municipal Code to formally recognize Juneteenthas a City holiday on June 19th of each year, in accordance with previously approved Memoranda of Understanding for various non-sworn employee associations. The ordinance also recognizes Juneteenth as a holiday where construction work requiring a permit is prohibited.
ITEM E-7: ADOPTED; ORD #24-0-2895
8. AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO CONSOLIDATE THE
DESIGN REVIEW COMMISSION WITH THE ARCHITECTURAL COMMISSION TO CREATE THE ARCHITECTURAL AND DESIGN REVIEW COMMISSION. Second Reading — For Adoption
Comment: This ordinance amends the Municipal Code to consolidate the Design ReviewCommission with the Architectural Commission. The ordinance does not make any substantive changes to the requirements for Design Review, Architectural Review, or the associated processes for permitting.
ITEM E-8: ADOPTED; ORD #24-0-2896
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
9. APPOINTING STANDBY OFFICERS FOR THE CITY COUNCIL.
City Council Regular/Parking Authority Meeting
May 21, 2024
Comment: Staff recommends that the City Council adopt the resolution approving an updated list of individuals listed as Standby Officers for the City of Beverly HillsCity Council.
ITEM E-6: ADOPTED; RES #24-0-1 3508
APPROVAL OF:
10. REAPPOINTING MEMBERS TO THE ARCHITECTURAL COMMISSION (REBECCA PYNOOS), PLANNING COMMISSION (JEFF WOLFE AND THERESA “TERRI”KAPLAN), RENT STABILIZATION COMMISSION (RYAN GURMAN AND FRANCIS
MILLER), TRAFFIC AND PARKING COMMISSION (HADAR GELLER) AND ARTS AND CULTURE COMMISSION (PAMELA BECK).
Comment: It is recommended that the City Council reappoint Rebecca Pynoos (Architectural Commission), Jeff Wolfe and Theresa “Tern” Kaplan (Planning Commission), Ryan Gurman and Francis Miller (Rent Stabilization Commission), Hadar Geller (Traffic and Parking Commission) and Pamela Beck (Arts and CultureCommission) for a second term of four years from July 1, 2024 — June 30, 2028.
ITEM E-10: APPROVED
11. REQUEST FOR THE CITY COUNCIL TO CONSIDER AN EXTENSION OF TERMS
FOR CULTURAL HERITAGE COMMISSION (JILL TAVELMAN COLLINS) AND CHARITABLE SOLICITATIONS COMMISSION (IRA FRIEDMAN).
Comment: Staff requests City Council consideration and approval regarding the request to extend the commission terms for both Commissioner Jill Tavelman Collins (Cultural Heritage Commission) and Commissioner Ira Friedman (Charitable Solicitations Commission).
ITEM E-11: APPROVED
12. REQUEST FOR THE CITY COUNCIL TO CONSIDER A ONE-TIME WAIVER RELATED TO THE COMMISSION APPLICATION PROCESS.
Comment: This report requests a one-time waiver for applicants to apply to more thanone commission vacancy during this current recruitment cycle.
ITEM E-12: APPROVED
13. RATIFICATION OF A LETTER OF OPPOSITION SENT BY CITY MANAGER NANCY HUNT-COFFEY ON SENATE BILL 1037 (WIENER) PLANNING AND ZONING:
HOUSING ELEMENT: ENFORCEMENT.
Comment: Comment: At the direction of the Mayor, the City Manager sent a letter of opposition to Senate Bill 1037 (Wiener) Planning and Zoning: Housing Element:
Enforcement on May 10, 2024, as bill was set for a hearing on May 13, 2024 in the Appropriations Committee for the State Senate. This bill allows the State Attorney General to take legal action against a city and seek fines up to $50,000 a month for City Council Regular/Parking Authority Meeting
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violating unspecified state housing laws that require ministerial approval of certain housing projects or for failing to adopt a housing element that substantially complies with the law, even if the jurisdiction is acting in good faith. Staff is requesting the City Councilto ratify the letter sent by City Manager Nancy Hunt-Coffey at the direction of the Mayor.
ITEM E-13: APPROVED
14. 2024 LEGISLATIVE PLATFORM.
Comment: At the April 16, 2024 City Council Study Session, staff presented the 2024 Legislative Platform to the City Council. The City Council recommended certain items be added to the 2024 Legislative Platform. These statements have been incorporatedinto the 2024 Legislative Platform, which is presented tonight for adoption by the CityCouncil.
ITEM E-14: APPROVED
15. THE SALARY SCHEDULE REFLECTING ALL CITY JOB CLASSIFICATIONS.
Comment: Staff recommends that the City Council approve the salary schedule reflecting all City job classifications and associated salaries in order to meet the California Public Employees’ Retirement System requirements of Government CodeSection 20636 (b)(1) and California Code of Regulations, Title 2, Section 570.5.
ITEM E-15: APPROVED
16. NORTH CArciON DRIVE CLOSURE EXTENSION CONSIDERATION.
Comment: Staff recommends that City Council approve an additional six-month extension of the temporary closure of North Cañon Drive at Wilshire Boulevard until December 31, 2024.
ITEM E-16: APPROVED
17. PURSUANT TO EMERGENCY CONTRACTING PROCEDURES UNDER PUBLIC CONTRACT CODE SECTION 22050:
AMENDMENT NO. 2 TO THE AGREEMENT WITH AMERICAN INTEGRATED SERVICES, INC. FOR AS-NEEDED ENVIRONMENTAL CLEAN UP SUPPORT SERVICES; AND
AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL CHANGE PURCHASE ORDERS TO AMERICAN INTEGRATED SERVICES, INC. FOR A NOT TO-EXCEED AMOUNT OF $175,000.
Comment: Pursuant to Emergency Contracting Procedures under Public Contract Code Section 22050 (which is incorporated by reference in BHMC Section 3-3-303), staff recommends that City Council approve Amendment No. 2 to Agreement No. 56-24 with American Integrated Services, Inc. for the hazardous materials investigation and clean up for the repair of a sinkhole at 344 Foothill Road (Alden Lot); and Authorize the City City Council Regular/Parking Authority Meeting
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Manager or designee to approve all change purchase orders to American Integrated Services, Inc. for a total not-to-exceed amount of $175,000.
ITEM E-17: APPROVED, AG #224-24
18. AMENDMENT NO. 7 TO AN AGREEMENT WITH PSOMAS FOR AS-NEEDED
ENGINEERING SERVICES FOR THE IMPLEMENTATION OF THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY’S PURPLE LINE EXTENSION PROJECT; AND
APPROVAL OF A FISCAL YEAR 2024/25 APPROPRIATION OF $5,075,100 FROM
THE GENERAL FUND (ALL COSTS IN FURTHERANCE OF THE PROJECT WILL BE
REIMBURSED BY LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY); ANDAPPROVAL OF A PURCHASE ORDER IN THE AMOUNT OF $5,075,100 FOR FISCAL YEAR 2024/25 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $33,567,600.
Comment: Staff recommends that City Council approve Amendment No. 7 to an Agreement with Psomas to provide as-needed engineering services related to the Purple Line Extension Project, Segments I and 2; approve a Fiscal Year 2024/25 appropriation of $5,075,100 from the General Fund to the ongoing contractual servicesaccount (No. 001-12401-731220); and approve a purchase order in the amount of$5,075,100 for Fiscal Year 2024/25 for a total contract amount not to exceed$33,567,600.
ITEM E-18: APPROVED, AG #223-24
19. AMENDMENT NO. 8 TO AN AGREEMENT WITH THE LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION AUTHORITY, AND ENVIRONMENTAL
INTELLIGENCE, LLC, FOR INDEPENDENT COMPLIANCE MONITORING SERVICES FOR SEGMENTS 1 AND 2 OF THE PURPLE LINE EXTENSION PROJECT; AND APPROVAL OF A FISCAL YEAR 2024/25 APPROPRIATION OF $2,799,500 FROM
THE GENERAL FUND (ALL COSTS IN FURTHERANCE OF THE PROJECT WILL BE
REIMBURSED BY LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY); ANDAPPROVAL OF A PURCHASE ORDER TO ENVIRONMENTAL INTELLIGENCE, LLC
FOR INDEPENDENT COMPLIANCE MONITORING SERVICES IN THE AMOUNT OF $2,799,500 FOR FISCAL YEAR 2024/25 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $18,450,300.
Comment: Staff recommends that City Council approve Amendment No. 8 to an Agreement with Los Angeles County Metropolitan Transportation Authority and Environmental Intelligence, LLC to provide independent compliance monitoring services related to Segments 1 and 2 of the Purple Line Extension project; approve an appropriation of $2,799,500 from the General Fund to the ongoing contractual services account (No. 001-12401-731220); and approve a purchase order in the amount of City Council Regular/Parking Authority Meeting
May21, 2024
$2,799,500 for Fiscal Year (or “FY”) 2024/25 for a total contract amount not to exceed$18,450,300.ITEM E-19: APPROVED, AG #224-24
20. ACCEPTANCE OF THE CONTRACT WORK FOR POLICE FACILITY DISPATCH UNINTERRUPTIBLE POWER SUPPLY (UPS) REPLACEMENT PROJECT WITHDATA SPECIALTIES, INC. IN THE FINAL AMOUNT OF $917,259; AND AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
Comment: Staff recommends City Council accept the described contract work with DataSpecialties, Inc. and authorize the City Clerk to record the Notice of Completion.
ITEM E-20: APPROVED
21. ACCEPTANCE OF THE CONTRACT WORK FOR THE AS-NEEDED SEWER REPAIR SERVICES BY MIKE PRLICH AND SONS, INC. IN THE FINAL AMOUNT OF $2,056,825.92; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
Comment: Staff recommends that City Council accept the described work for as-needed sewer repair services by Mike Prlich and Sons, Inc. in the final amount of $2,056,825.92and authorize the City Clerk to record the Notice of Completion.
ITEM E-21: APPROVED
Vote on the City Council Consent Calendar Items E-1 - E-3:
Ayes: Councilmember Mirisch, Vice Mayor Nazarian, Mayor Friedman Noes: None
Abstain: Councilmember Wells, Councilmember Corman
CARRI ED
Vote on the City Council Consent Calendar Items E-4 — E-21:
Ayes: Councilmember Wells, Councilmember Corman, Councilmember Mirisch, Vice Mayor Nazarian, Mayor Friedman
Noes: None
CARRI ED
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TO SET:
None
TO CONSIDER:
1. 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 125-129 SOUTH LINDEN DRIVE.
Comment: On November 13, 2023, Rand Paster Nelson, LLP, on behalf of 9300 Wilshire, LLC submitted a letter appealing Planning staffs October 13, 2023 incomplete determination pertaining to the review of a Development Plan Review application for the proposed construction of a new 19-story mixed use development at 125-129 South Linden Drive. On April 16, 2024, the City Council continued the appeal hearing to May 21, 2024. On May 13, 2024, the Applicant submitted an additional request to continue the appeal hearing to June 27, 2024.Written Public Comments Read into the Record:
1. Fred Nadler
2. Karen Popovich Levyn
ITEM F-I: AT THE REQUEST OF APPLICANT, AND ABSENT OBJECTION, THIS MATTER IS CONTINUED BY ORDER OF THE MAYOR TO JUNE 27, 2024 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 Wells reported on her attendance at the Beverly Hills Art Show and the Farmer’s Market in honor of Public Works week. She also thanked staff for their hard work preparing and briefing the City Council on the FY 24-25 budget.
Councilmember Corman reported that he attended the Beverly Hills Art Show and the Farmer’s Market highlighting Public Works week. He also noted that he and Councilmember Wells toured the Athens trash disposal and recycling facility.
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Councilmember Mirisch spoke on the disassembly of the October 7 Memorial Flags inpreparation for the Beverly Hills Art Show and requested that the City Council discusspermanent commemoration at the next Council meeting. He also spoke against the Islamic regime in Iran, International Criminal Court, and Qatar.
Vice Mayor Nazarian provided the public with actions that can be taken to pressure Iranian authorities to reconsider the death sentence of Arvin Nathaniel Ghahremani.
Mayor Friedman spoke on the public comment process for future City Council meetings.
H. COMMISSION SYNOPSIS
I. PUBLIC WORKS COMMISSION -Regular Meeting of March 14, 2024 TRAFFIC AND PARKING COMMISSION -Regular Meeting of April 4, 2024 ARTS AND CULTURE COMMISSION -Regular Meeting of April 9, 2024 PLANNING COMMISSION -Regular Meeting of April 11,2024
ARCHITECTURAL COMMISSION -Regular Meeting of April 17, 2024 HUMAN RELATIONS COMMISSION -Regular Meeting of April 18, 2024PLANNING COMMISSION -Regular Meeting of April 25, 2024 ITEM H-I: APPROVED
I. OTHER BUSINESS
J. ADJOURNMENT
The next City Council meeting is scheduled for June 18, 2024.There being no further business, Mayor Friedman, with the consent of the City Council, adjourned the meeting at 9:05 p.m.
PASSED, Approved and Adopted
this 1 day of October, 2024
HUMA AHMED, City CIerkI ecretary
LESTER J. FRIEDMAN, MAYORICHAIR
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTVIO Spectrum Cable.