F-1
CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL REGULAR MEETING
January 4, 2022
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 Wunderlich at 7:31 p.m.
PLEDGE OF ALLEGIANCE \e6 by Mayor Wunderlich
Mayor Wunderlich held a moment of silence in memory of the passing of Beverly Hills community member Arnold Seidel and Hollywood legend/Beverly Hills High School alum Betty White.
A. ROLL CALL
Present: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich
Absent: None
B. PRESENTATION
1. CERTIFICATES OF APPOINTMENT
• Design Review Commission - Marshall Peck
• Traffic and Parking Commission - Karen Afra-Maghen
Mayor Wunderlich, along with the entire City Council, virtually presented certificates of appointment to incoming Design Review Commissioner Marshall Peck and Traffic and Parking Commissioner Karen Afra-Maghen. The certificates were received by the Commissioners ahead of the meeting.
City Council Meeting Minutes
January 4, 2022
2. RECOGNITION OF RETIRING COMMISSIONERS
• Architectural Commission - Sheri Hirschfeld
• Human Relations Commission - Ori Blumenfeld
• Traffic and Parking Commission - Nooshin Meshkaty
Mayor Wunderlich, along with the entire City Council, virtually presented plaques of recognition and gifts to retiring Architectural Commissioner Sheri Hirschfeld, Human Relations Commissioner Ori Blumenfeld, and Traffic and Parking Commissioner Nooshin Meshkaty. The plaques were received by the Commissioners ahead of the meeting.
3. PRESENTATION - Chief Mark Stainbrook's Update on Community Security Mayor Wunderlich called on Police Chief Mark Stainbrook to provide an update on community security. Councilmember Mirisch requested that the Police Department keep statistics on offenders who have been arrested multiple times.
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.
Mayor Wunderlich announced that text messages on any City-related topic may be sent to (310) 596-4265.
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 on any matter may do so through email. However, the State open meetings law (Government Code Section 54950 et seq.) prohibits the City Council 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 at this time, please email 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 Public Comment Read into the Record:
1. Mahnaz Dardashti re. Public Safety
City Council discussed items out of order - all City Council Continued and New Business items were discussed after Item C-2 before resuming with Item C-3.
City Council Meeting Minutes
January 4, 2022
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS None
4. REPORT FROM THE CITY MANAGER
City Manager George Chavez requested City Attorney Laurence Wiener to discuss the permit process in response to inquiries from the public on issuance of permits for public assemblies specifically at Beverly Gardens Park as well as restrictions that can be placed on these kinds of assemblies.
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS
None
D. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councilmember Friedman, seconded by Councilmember Gold, to remove Item D-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 D-3 and D-4
Minutes
1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Special Meeting of October 12, 2021.
ITEM D-1: APPROVED
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session of December 7, 2021.
ITEM D'2: APPROVED
Demands Paid
3. REVIEW OF BUDGETED DEMANDS PAID, covering dates December 14-22, 2021.
ITEM D'3: APPROVED
4. PAYROLL DISBURSEMENT REPORT, covering dates December 14-22, 2021.
ITEM D-4: APPROVED
City Council Meeting Minutes
January 4, 2022
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
None
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
5. 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 D-5: ADOPTED, RES# 22'R'13378
APPROVAL OF:
6. METRO PURPLE LINE SECTION 2 (RODEO STATION) - REQUEST TO WORK ON ELEVEN DESIGNATED HOLIDAYS BETWEEN JANUARY 2022 TO MIDNOVEMBER 2022, IDENTIFIED AS NO WORKDAYS IN THE METRO MOA.
Comment: Staff recommends that City Council (1) review the Los Angeles County Metropolitan Transportation Authority's (Metro) request for a waiver of the holiday moratorium; and (2) deny the waiver.
City Council approved the denial of the request.
MOVED by Councilmember Gold, seconded by Vice Mayor Bosse, to approve Item D6 as follows:
METRO PURPLE LINE SECTION 2 (RODEO STATION) - REQUEST TO
WORK ON ELEVEN DESIGNATED HOLIDAYS BETWEEN JANUARY
2022 TO MID-NOVEMBER 2022, IDENTIFIED AS NO WORKDAYS IN
THE METRO MOA
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
ITEM D-6: APPROVED
City Council Meeting Minutes
January 4, 2022
7. A. AGREEMENT WITH JLEE ENGINEERING, INC. TO PROVIDE PRELIMINARY
PLAN REVIEW SERVICES AND SUPPLEMENTAL CONSULTING SERVICES FOR THE PROPOSED CHEVAL BLANC BEVERLY HILLS PROJECT; AND
APPROVAL OF A PURCHASE ORDER TO JLEE ENGINEERING, INC. FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $372,600; AND
B. AGREEMENT WITH JAS PACIFIC TO PROVIDE PRELIMINARY PLAN REVIEW
SERVICES AND SUPPLEMENTAL CONSULTING SERVICES FOR THE PROPOSED CHEVAL BLANC BEVERLY HILLS PROJECT; AND
APPROVAL OF A PURCHASE ORDER TO JAS PACIFIC FOR A TOTAL NOT-TOEXCEED AMOUNT OF $139,500; AND C. APPROVAL OF AN APPROPRIATION REQUEST IN THE AMOUNT OF $512,100 FROM AVAILABLE GENERAL FUND BALANCE.
Comment: Staff recommends the City Council approve agreements and purchase orders for the two consulting firms that will provide plan review services for the Cheval Blanc hotel project. The Agreement and purchase order to JLee Engineering is in the not-to-exceed amount of $372,600; the Agreement and purchase order to JAS Pacific in the not-to-exceed amount of $139,500. Staff is also requesting approval of appropriation of funds in the amount of $512,100 from the General Fund to pay for these consulting services, which will be offset by new revenue generated from the processing fees associated with the Cheval Blanc project. There will not be an impact to the City's existing General Fund balance.
ITEM D-7: APPROVED
JLEE ENGINEERING, INC. -AG# 19-22
JAS PACIFIC - AG# 20-22
Vote on the City Council Consent Calendar:
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
£. CITY COUNCIL PUBLIC HEARING
TO SET:
None
City Council Meeting Minutes
January 4, 2022
TO CONSIDER:
None
F. CITY COUNCIL CONTINUED AND NEW BUSINESS
1. REQUEST BY MAYOR WUNDERLICH AND VICE MAYOR BOSSE TO DISCUSS
THE RECALL OF LOS ANGELES COUNTY DISTRICT ATTORNEY GEORGE GASC6N; and
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS TO SUPPORT
THE RECALL OF LOS ANGELES COUNTY DISTRICT ATTORNEY GEORGE GASCON.
Comment: Mayor Wunderlich and Vice Mayor Bosse are requesting the City Council consider adopting a resolution in support of the recall of Los Angeles County District Attorney George Gascon.
Policy and Management Analyst Cynthia Owens provided background information on the item, and the recommendation to adopt the resolution supporting the recall.
Video and Telephone Public Comments:
1. Steve Cooley
2. Thea Eskey
3. Karen Roseberry
4. Lisa Frank
5. Joseph Trevisu
6. Gloria Mitchell
7. ToniaOwen
8. Jesse Shaked
9. Randy Simon
10. Susan Collins
11. Andy Licht
12. Francis Hardiman
13. Alexis Kiley
14. Miran Kalaydjian
15. Anita May Rosenstein
Written Public Comments Read into the Record:
1. Max Brockman
2. Evelyn Shooshani
3. Lisa & Mehdi Nayssan
4. Rayni & Branden Williams
5. Heather C.
6. Mark & Farah Nehoray
7. Carmella Mashian
8. Deborah Termeie
9. Jasmin & Pejman Javaheri
10. Goldie Cohen
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January 4, 2022
11. Yoel Neman
12. Angela Sassounian
13. Catherine Youssefyeh
14. Brandon Neman, Ryan Neman, Sean Nass, Sherry Neman
15. Jonathan Neman
16. Orly Ohebsion
17. Albert Ganjian
18. Elena Yeshova
19. Shaoul Aftalion
20. Yassaman Bolour
21. Nazila Rastegar
22. Arezou Berghoff
23. Ronit & Alon Naim
24. Nazy Zarabi
25. The Manavi Family
26. Sharon Nik
27. Michelle Yasharpour
28. Tina K.
29. Theodore Kohan
30. Tiffany Davis
31. Orly Agam
32. Manijeh Javahery
33. Mark Yirrell
34. Phillip Nazarian
35. Anonymous
36. Joline Nehoray
37. Emily Barsh
38. Christine K.
39. Anastacia Gibbs
40. Rebecca Cohen
41. Sarah R.
42. P. Tierney
43. Candice Hakimianpour
44. Shiva SHamooil
45. Shad Manavi
46. Emma Rivas
47. Candice Tahour
48. Tania Ravaei
49. Jazmyne Arman
50. Jessica Hanasab
51. Amani Abou-Zamzam
52. Anonymous
53. Lee Hilborne
54. Frank & Jiia Toobi
55. Ladan Daneshgar
56. Ellen Carmona
57. Ashley Jeffery
58. Robert Flores
59. Victoria Palacio
60. Elizabeth MacPherson
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January 4, 2022
61. Randy Steinberg
62. Fiona Chalom
63. Nayereh Khankhamian
64. Shannon Merabi
65. Leslie Sutphin
66. Anita Sherman
Vice Mayor Bosse observed that majority of public commenters were in support of the resolution. She recounted the timeline of her request and reasons for putting the item on the agenda. Police Chief Mark Stainbrook spoke about the cases that the Beverly Hills Police Department filed with the District Attorney's (DA) Office that the DA refused to prosecute. Mayor Wunderlich also spoke about his reasons for placing the item on the agenda for discussion. Councilmembers Friedman, Gold and Mirisch also spoke In support of the item. Councilmember Mirisch showed a video featuring Deputy DA John McKinney who spoke about crime and criminal justice reform.
City Council unanimously decided to support adoption of the resolution.
MOVED by Vice Mayor Bosse, seconded by Councilmember Gold, to adopt Resolution F-1 as follows:
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
ITEM F-1: ADOPTED, RES# 22-R-13379
2. DISCUSSION OF WHAT CAN BE DONE IN RESPONSE TO THE DISTRIBUTION OF ANTI-SEMITIC FLYERS IN THE CITY.
Comment: Pursuant to a request by Vice Mayor Bosse, the City Attorney will present ideas regarding how to address the anti-Semitic flyers that have been distributed in the City.
City Attorney Laurence Wiener provided background information on the item and discussed civil trespass and its elements, and education, donation, and congregation as civil remedies in response to the distribution of anti-semitic flyers in the City and hate crimes.
Written Public Comments Read into the Record:
1. Daniela Anderson
2. Sharon N.
Vice Mayor Bosse spoke about the reasons she asked that the item be placed on the agenda, and suggested that the City coordinate with other organizations such as ADL, Simon Wiesenthal Center, Holocaust Museum, and the FBI. City Council provided their comments and suggestions. Police Chief Mark Stainbrook spoke about how the Police City Council Meeting Minutes
January 4, 2022
Department is handling hate mail in general and the incident in particular. He assured the City Council and the public of the Police Department's commitment in getting the hate crime solved. Mr. Wiener discussed the City's possible options in prosecuting hate crimes and protecting the City from future hate crimes.
City Council provided comments and suggestions.
ITEM F-2: CITY COUNCIL PROVIDED COMMENTS ON THE ITEM
3. PROCESS AND BUDGET FOR OBTAINING JURISDICTION FOR THE CITY PROSECUTOR TO PROSECUTE STATE LAW MISDEMEANORS.
Comment: At the request of Mayor Wunderlich and Vice Mayor Bosse, this item will present a budget proposed by the City Prosecutor for assuming jurisdiction over state law misdemeanors. If the Council approves this expenditure of money, then the next step for obtaining jurisdiction will be to ask the District Attorney for his permission to allow the City to prosecute state law misdemeanors.
City Attorney Laurence Wiener provided background information on the item, and discussed the process and cost of prosecuting state law misdemeanors, and the three options available to pay the City Prosecutor's Office who will provide the services instead of the District Attorney's Office.
Written Public Comment Read into the Record:
1. Melissa White
Telephone Public Comment:
1. Randy Simon
City Council provided questions and comments, and agreed on Option 1 which involved paying City Prosecutor services on an hourly basis at the rate of $175 an hour. Council requested a list of crimes that the City Prosecutor can prosecute.
ITEM F-3: CITY COUNCIL PROVIDED COMMENTS AND DIRECTION ON THE ITEM
4. UPDATE FROM THE CITY'S ARTS AND CULTURE COMMISSION AND
COMMUNITY SERVICES DEPARTMENT ON PUBLIC ART DISPLAY FOR FRIEZE WEEK IN BEVERLY HILLS FOR FEBRUARY 2022; AND
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS DECLARING
CERTAIN ART TO BE PUBLIC ART AND EXEMPT FROM THE RULES OF RESOLUTION NO. 07-R-12304.
Comment: Community Services along with Frieze will provide a preview of the art for Frieze Beverly Hills sculpture garden and sponsor request for Frieze Week in Beverly Hills February 2022.
Director of Community Services Jenny Rogers provided background information on the item and introduced Frieze curator Christine Messineo who spoke about the Frieze City Council Meeting Minutes
January 4, 2022
Sculpture Beveriy Hills 2022 program. She discussed the scuipture pieces and their placements, and location dates of installation.
City Council provided their questions and comments, and agreed to the event and to adopt the resolution.
MOVED by Vice Mayor Bosse, seconded by Councilmember Friedman, to adopt Resolution F-4 as follows:
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
DECLARING CERTAIN ART TO BE PUBLIC ART AND EXEMPT FROM
THE RULES OF RESOLUTION NO. 07-R-12304
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderiich.
Noes: None.
CARRIED
ITEM F-4: ADOPTED, RES# 22-R-13380
G. COMMISSION SYNOPSIS
1. ARTS AND CULTURE COMMISSION - Regular Meeting of November 9, 2021 ITEM G-1: NO ACTION TAKEN
H. OTHER BUSINESS
None
/. ADJOURNMENT
The next City Council meeting is scheduled for January 18, 2022.
There being no further business. Mayor Wunderiich, with the consent of the City Councii, adjourned the meeting at 12:26 a.m. on Wednesday, January 5, 2022.
City Council Meeting Minutes
January 4, 2022
PASSED, Approved and Adopted
this 15^^ day of March, 2022
lUMA AHMED, City Clerk
ROBERT WUNDERLICH, MAYOR
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTV10 Spectrum Cable.