CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL ADJOURNED REGULAR MEETING AND PARKING AUTHORITY MEETING October 12, 2021
7:00 p.m.
Pursuant to Government Code Section 54953(e)(3), members of the Beverly Hills City Council/Parking Authority 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/Parking Authority 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 Adjourned Regular Meeting and Parking Authority Meeting was called to order by Mayor/Chair Wunderlich at 7:11 p.m.
PLEDGE OF ALLEGIANCE led by Mayor/Chair Wunderlich
A. ROLL CALLS
Present: Friedman, Gold, Mirisch, Bosse, and Wunderlich
Absent: None
Mayor/Chair Wunderlich announced that only Part 1 of Item F-2 (adoption of an ordinance establishing inclusionary housing requirements in the City) will be discussed tonight. Part 2 (possibility of incentives relating to the construction of affordable housing) will be rescheduled to a future Council meeting date. Public comment received for Part 2 will be included when the item returns for discussion.
Mayor/Chair Wunderlich also announced that the Special Meeting to discuss the ordinance related to demonstrations near and at our schools will be held immediately following the Consent Calendar portion of this evening’s meeting.
D-1
City Council/Parking Authority Meeting Minutes
October 12, 2021
B. PRESENTATION
1. 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/Chair 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.
1. David Gingold re: Bicycle lane on Roxbury Park
2. AUDIENCE COMMENTS. Any person wishing to address the City Council/Parking Authority on any matter may do so through email. 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 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. Maggie Turner re: Los Angeles Homeless Services Authority
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS None
4. REPORT FROM THE CITY MANAGER
None
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS
None
D. PARKING AUTHORITY CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Director Friedman, seconded by Vice Chair Bosse, to approve all items on the Parking Authority consent calendar
City Council/Parking Authority Meeting Minutes
October 12, 2021
Minutes
None
Other Business
APPROVAL OF:
1. A LEASE BY AND BETWEEN THE PARKING AUTHORITY OF THE CITY OF BEVERLY HILLS AND TOMMY’S BEVERLY HILLS, LLC AT 235 NORTH CAÑON DRIVE.
Comment: Staff recommends the Parking Authority Board of Directors approve a lease agreement by and between the Parking Authority of the City of Beverly Hills and Tommy’s Beverly Hills, LLC at 235 North Cañon Drive.
ITEM D-1: APPROVED, AG# PA-21-145
2. THIRD AMENDMENT TO LEASE BY AND BETWEEN THE PARKING AUTHORITY OF THE CITY OF BEVERLY HILLS AND ALLAN BROOKS DBA AL’S NEWSSTAND AT 216 SOUTH BEVERLY DRIVE.
Comment: Staff recommends the Parking Authority Board of Directors approve the Third Amendment to Lease by and between the Parking Authority of the City of Beverly Hills and Allan Brooks at 216 South Beverly Drive.
ITEM D-2: APPROVED, AG# PA-21-146
Vote on the Parking Authority Consent Calendar:
Ayes: Director Friedman, Director Gold, Director Mirisch, Vice Chair Bosse, and Chair Wunderlich.
Noes: None.
CARRIED
E. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councilmember Gold, seconded by Councilmember Mirisch, to remove Item E-10 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 E-5 and E-6
City Council/Parking Authority Meeting Minutes
October 12, 2021
Minutes
1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session of June 1, 2021.
ITEM E-1: APPROVED
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Study Session of June 24, 2021.
ITEM E-2: APPROVED
3. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Study Session of July 15, 2021.
ITEM E-3: APPROVED
4. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Study Session of July 27, 2021.
ITEM E-4: APPROVED
Demands Paid
5. REVIEW OF BUDGETED DEMANDS PAID, covering dates September 14 – 27, 2021.
ITEM E-5: APPROVED
6. PAYROLL DISBURSEMENT REPORT, covering dates September 14 – 27, 2021.
ITEM E-6: APPROVED
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
7. AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO REGULATE DISPOSABLE FOODWARE ACCESSORIES. First Reading – For Introduction.
Comment: Plastic cutlery will be distributed by customer request only. The ordinance will reduce the amount of single-use plastic waste in the environment and reduce GHG emissions from the production and disposal of disposable foodware accessories.
ITEM E-7: INTRODUCED AND READ BY TITLE ONLY, ADVANCE TO THE MEETING OF OCTOBER 26, 2021 FOR ADOPTION
8. AMENDING THE BEVERLY HILLS MUNICIPAL CODE IN LIEU PARKING
REGULATIONS AND PARKING REQUIREMENTS FOR RESTAURANT USES AND AMENDING PRIVATE TRAINING CENTER REGULATIONS. Second Reading - For Adoption.
City Council/Parking Authority Meeting Minutes
October 12, 2021
Comment: This ordinance amends parking requirements and in lieu parking regulations for restaurants, and regulations related to private training center uses.
ITEM E-8: ADOPTED, ORD# 21-O-2846
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
9. AUTHORIZING PUBLIC MEETINGS TO BE HELD VIA TELECONFERENCING PURSUANT TO GOVERNMENT CODE SECTION 54953(e) AND MAKING FINDINGS AND DETERMINATIONS REGARDING THE SAME.
Comment: New legislation (AB 361) was recently adopted allowing the City Council to continue virtual meetings during the COVID-19 declared emergency subject to certain conditions and the proposed resolution implements the necessary requirements.
Written Public Comment Read into the Record:
1. Darian Bojeaux
ITEM E-9: ADOPTED, RES# 21-R-13368
10. CONDITIONALLY APPROVING THE RENEWAL OF A CONDITIONAL USE PERMIT
AND EXTENDED HOURS PERMIT TO ALLOW FOR THE CONTINUED OPERATION
OF HOTEL ROOFTOP FACILITIES ASSOCIATED WITH THE OPERATION OF THE SIXTY BEVERLY HILLS HOTEL LOCATED AT 9360 WILSHIRE BOULEVARD, AND
FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Comment: The Planning Commission, at its regular meeting on June 23, 2021, voted to approve the renewal of the Conditional Use Permit and Extended Hours Permit associated with the operation of the Sixty Beverly Hills Hotel located at 9360 Wilshire Boulevard. The City Council, at its special meeting on July 22, 2021, voted to call the Planning Commission's decision up for review and held a de novo hearing on the matter on September 14, 2021. At that meeting, the City Council provided direction to include additional project-specific conditions.
Written Public Comment Read into the Record:
1. Crescent Drive Resident
Councilmember Mirisch expressed concerns that the residents’ concerns have not been addressed, and thus, he will be voting against the item.
MOVED by Councilmember Gold, seconded by Vice Mayor Bosse, to adopt Resolution E-10 as follows:
CONDITIONALLY APPROVING THE RENEWAL OF A CONDITIONAL
USE PERMIT AND EXTENDED HOURS PERMIT TO ALLOW FOR THE
CONTINUED OPERATION OF HOTEL ROOFTOP FACILITIES
ASSOCIATED WITH THE OPERATION OF THE SIXTY BEVERLY HILLS City Council/Parking Authority Meeting Minutes
October 12, 2021
HOTEL LOCATED AT 9360 WILSHIRE BOULEVARD, AND FINDING
THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Ayes: Councilmember Friedman, Councilmember Gold, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: Councilmember Mirisch.
CARRIED
ITEM E-10: ADOPTED, RES# 21-R-13369
APPROVAL OF:
11. REQUEST FOR SPECIAL EVENT "CITY OF BEVERLY HILLS DANCE AND FITNESS BLAST" INCLUDING A STREET CLOSURE OF THE 400 BLOCK OF N. CRESCENT DRIVE ON SUNDAY, JANUARY 30, 2022.
Comment: This report requests City Council approval of a special event "City of Beverly Hills Dance and Fitness Blast" on Sunday, January 30, 2022. The program will include an event-related street closure on North Crescent Drive between North and South Santa Monica Boulevards, and a waiver of permit and personnel fees.
ITEM E-11: APPROVED
12. SALARY SCHEDULE; AND
APPROVAL OF AN APPROPRIATION OF $151,000 FROM VARIOUS
FUNDS. Comment: Staff recommends that the City Council Approve the City-Wide salary schedule.
ITEM E-12: APPROVED
13. RECOMMENDATION OF THE CITY COUNCIL / CONFERENCE & VISITORS
BUREAU (CVB) / MARKETING COMMITTEE REGARDING CARRY-OVER OF UNUSED FUNDING FROM THE CVB FISCAL YEAR 2020-2021 BUDGET TO THE CVB FISCAL YEAR 2021-2022 BUDGET.
Comment: This report provides the recommendation of the City Council / Conference & Visitors Bureau (CVB) / Marketing Committee regarding the carry-over of $401,335 in unused funding from the CVB Fiscal Year 2020-2021 Budget to the CVB Fiscal Year 2021-2022 Budget including the allocation of such funding.
ITEM E-13: APPROVED
City Council/Parking Authority Meeting Minutes
October 12, 2021
14. AMENDMENT NO. 1 TO AN AGREEMENT WITH STEP UP ON SECOND FOR
OUTREACH AND ENGAGEMENT SERVICES IN SUPPORT OF CITY'S CLASP PROGRAM; AND
APPROVAL TO ISSUE A FISCAL YEAR 2021/22 PURCHASE ORDER IN THE AMOUNT OF $106,449.
Comment: The Beverly Hills Homeless Outreach Team is contracted through Step Up on Second. They are dually focused on connecting long-term homeless individuals residing in Beverly Hills with supportive services to move from the streets to permanent housing, and quickly linking new arrivals to services throughout the region that will address their immediate needs.
ITEM E-14: APPROVED, AG# 424-21
15. THIRD AMENDMENT TO LEASE WITH LOS ANGELES SMSA LIMITED PARTNERSHIP DBA VERIZON WIRELESS BY AIRTOUCH CELLULAR INC. AT 464 NORTH REXFORD DRIVE.
Comment: Staff recommends City Council approve the Third Amendment to Lease by and between the City of Beverly Hills and Los Angeles SMSA Limited Partnership DBA Verizon Wireless by AirTouch Cellular Inc. at 464 North Rexford Drive.
ITEM E-15: APPROVED, AG# 425-21
Vote on the City Council Consent Calendar:
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
F. CITY COUNCIL PUBLIC HEARING
TO SET:
None
TO CONSIDER:
This being the time and place set, a public hearing was held to consider:
1. AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY
HILLS MUNICIPAL CODE TO REVISE THE REQUIREMENTS FOR PUBLIC
NOTICING OF CERTAIN PLANNING APPLICATIONS AND FINDING THE
AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. First Reading – For Introduction.
City Council/Parking Authority Meeting Minutes
October 12, 2021
Comment: The City Council will consider changes to the public noticing requirements for certain planning entitlement applications.
The notice of the hearing was published as required by law and an affidavit to this effect is on file with the City Clerk.
The report of the City Planner and the record of the Community Development Department on this matter are made a part of the record of this hearing.
City Planner Timothea Tway discussed the proposed changes to the ordinance on public notification requirements, additional notification ideas, public noticing, and public comments received.
Video & Telephone Public Comments:
1. Debbie Weiss
2. Kathy Checchi
3. Steve Mayer
There were no other members of the public who wished to comment. Mayor Wunderlich closed the public hearing.
City Council provided their questions and comments. There were no further questions or comments from Councilmembers. City Council suggested that a list of new projects be included in the City’s website, get residents’ feedback and revisit the ordinance in a year. City Council supported moving forward with the ordinance with the amendments.
MOVED by Vice Mayor Bosse, seconded by Councilmember Friedman, to introduce and read by title only as amended, advance to the meeting of October 26, 2021 for adoption as amended, Ordinance F-1 as follows:
AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE
BEVERLY HILLS MUNICIPAL CODE TO REVISE THE REQUIREMENTS
FOR PUBLIC NOTICING OF CERTAIN PLANNING APPLICATIONS
AND FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
ITEM F-1: INTRODUCED AND READ BY TITLE ONLY AS AMENDED, ADVANCE TO THE MEETING OF OCTOBER 26, 2021 FOR ADOPTION AS AMENDED City Council/Parking Authority Meeting Minutes
October 12, 2021
This being the time and place set, a public hearing was held to consider:
2. AN ORDINANCE OF THE CITY OF BEVERLY HILLS ESTABLISHING
INCLUSIONARY HOUSING REQUIREMENTS AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. First Reading – For Introduction.
Comment: The Council will consider an ordinance to establish inclusionary housing requirements for multifamily and mixed-use residential projects in the City.
The notice of the hearing was published as required by law and an affidavit to this effect is on file with the City Clerk.
The report of the Director of Community Development and the record of the Community Development Department on this matter are made a part of the record of this hearing.
Director of Community Development Ryan Gohlich provided definitions and background information on inclusionary housing and affordable housing, and discussed the interim and proposed ordinances, and staff recommendation.
Telephone Public Comment:
1. Melody Leget
Written Public Comments Read into the Record:
1. Stephen Webb
2. Tom Pease
3. Robert Zarnegin – President, Probity International Corporation
4. Avi V. Stieglitz
5. Adriana Z
6. Alan Nissel and Family
7. Murray Fischer
8. Tim Zebrowski
9. Nancy Barth
There were no other members of the public who wished to comment. Mayor Wunderlich closed the public hearing.
City Council provided their questions and comments. Keyser Marston Associates Consultant Kathe Head responded to Council questions. There were no further questions or comments from Councilmembers.
MOVED by Councilmember Gold, seconded by Vice Mayor Bosse, to introduce and read by title only, advance to the meeting of October 26, 2021 for adoption, Ordinance F-2 as follows:.
AN ORDINANCE OF THE CITY OF BEVERLY HILLS ESTABLISHING
INCLUSIONARY HOUSING REQUIREMENTS AND FINDING THE
ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
City Council/Parking Authority Meeting Minutes
October 12, 2021
Ayes: Councilmember Friedman, Councilmember Gold, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: Councilmember Mirisch.
CARRIED
ITEM F-2: INTRODUCED AND READ BY TITLE ONLY, ADVANCE TO THE MEETING OF OCTOBER 26, 2021 FOR ADOPTION
This being the time and place set, a public hearing was held to consider:
3. RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS ADOPTING THE 2021-2029 HOUSING ELEMENT, MAKING FINDINGS RELATED THERETO, AND ADOPTING A MITIGATED NEGATIVE DECLARATION.
Comment: The City Council will consider adoption of the 2021-2029 Housing Element of the City of Beverly Hills, Final Mitigated Negative Declaration, and the Mitigation Monitoring and Reporting Program.
The notice of the hearing was published as required by law and an affidavit to this effect is on file with the City Clerk.
The report of the City Planner and the record of the Community Development Department on this matter are made a part of the record of this hearing.
City Planner Timothea Tway provided background information on the 2021-2029 Housing Element, and discussed the content, Regional Housing Needs Assessment (RHNA), housing plan, environmental review, public comment, and the City’s next steps.
Written Public Comments Read into the Record:
1. Janine Burke
2. Laurence Tepper
3. Jason Huffman
4. Darian Bojeaux
There were no other members of the public who wished to comment. Mayor Wunderlich closed the public hearing.
City Council provided their comments on the item. There were no further questions or comments from Councilmembers. City Council majority supported adopting the resolution.
MOVED by Vice Mayor Bosse, seconded by Councilmember Friedman, to adopt Resolution F-3 as follows:
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
ADOPTING THE 2021-2029 HOUSING ELEMENT, MAKING FINDINGS City Council/Parking Authority Meeting Minutes
October 12, 2021
RELATED THERETO, AND ADOPTING A MITIGATED NEGATIVE
DECLARATION
Ayes: Councilmember Friedman, Councilmember Gold, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
Abstain: Councilmember Mirisch.
CARRIED
ITEM F-3: ADOPTED, RES# 21-R-13370
G. CITY COUNCIL CONTINUED AND NEW BUSINESS
1. METRO PURPLE LINE SECTION 2 - REQUEST TO WORK DURING THE 2021
HOLIDAY MORATORIUM BETWEEN THANKSGIVING DAY THROUGH NEW YEAR’S DAY FOR CONSTRUCTION OF THE WILSHIRE/RODEO SUBWAY STATION.
Comment: Staff recommends that City Council (1) review Metro's request for a waiver of the holiday moratorium; (2) Move to conditionally approve, or deny the waiver; and (3) provide feedback and recommend permit conditions, if applicable.
Utilities General Manager Robert Welch discussed the settlement agreement conditions, the anticipated work in 2021 vs the 2022 holiday moratorium, the 2021 requested work activities, the MOA conditions comparison and recommended conditions, other conditions, public outreach, and the staff recommendation.
Telephone Public Comment:
1. Steve Mayer
Written Public Comments Read into the Record:
1. Todd Johnson – CEO & President, Beverly Hills Chamber of Commerce
2. Julie Wagner – CEO, Beverly Hills Conference and Visitors Bureau Metro Ad Hoc Committee Liaisons Vice Mayor Bosse and Councilmember Friedman expressed their support to approve the item. City Attorney Laurence Wiener addressed Councilmember Mirisch’s comments. City Council majority supported approving the item.
MOVED by Councilmember Gold, seconded by Vice Mayor Bosse, to approve Item G-1 as follows:
METRO PURPLE LINE SECTION 2 - REQUEST TO WORK DURING
THE 2021 HOLIDAY MORATORIUM BETWEEN THANKSGIVING DAY
THROUGH NEW YEAR’S DAY FOR CONSTRUCTION OF THE
WILSHIRE/RODEO SUBWAY STATION
City Council/Parking Authority Meeting Minutes
October 12, 2021
Ayes: Councilmember Friedman, Councilmember Gold, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: Councilmember Mirisch.
CARRIED
ITEM G-1: APPROVED
H. COMMiSSION SYNOPSIS
1. RECREATION AND PARKS COMMISSION — Regular Meeting of August 24, 2021
TRAFFIC AND PARKING COMMISSION — Regular Meeting of September 2, 2021 PUBLIC WORKS COMMISSION — Regular Meeting of September 9, 2021 ITEM H-I: NO ACTION TAKEN
I. OTHER BUSINESS
None
J. ADJOURNMENT
The next City Council meeting is scheduled for October 26, 2021.
There being no further business, Mayor/Chair Wunderlich, with the consent of the City Council/Parking Authority, adjourned the meeting at 11:22 p.m.
PASSED, Approved and Adopted
this I 8th day of January, 2022
HUMA AHMED, City ClerklSecretary
ROBERT WUNDERLICH, MAYORICHAIR
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHWIO Spectrum Cable