CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL ADJOURNED REGULAR MEETING
October 26, 2021
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 Adjourned Regular Meeting was called to order by Mayor Wunderlich at 7:22 p.m.
PLEDGE OF ALLEGIANCE led by Mayor Wunderlich
A. ROLL CALL
Present: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich
Absent: None
Mayor Wunderlich announced that Item F-2 was withdrawn and will not be discussed tonight.
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 Wunderlich announced that text messages on any City-related topic may be sent to (310) 596-4265.
D-2
City Council Meeting Minutes
October 26, 2021
2. PRESENTATION - Recognition of October as Pedestrian Safety Month.
Mayor Wunderlich, along with the entire City Council, presented a proclamation to the Traffic and Parking Commission (TPC). TPC Chair Nooshin Meshkaty accepted the proclamation on behalf of her commission recognizing October as Pedestrian Safety Month.
3. PRESENTATION - Civility Month Proclamation Honoring the Winner of the 2021 Embrace Civility Award
Mayor Wunderlich, along with the entire City Council, acknowledged the Human Relations Commission (HRC) and then invited HRC Chair Ori Blumenfeld to speak about the Embrace Civility Award. He congratulated the 2021 winner, Thomas Sanford.
Mr. Sanford was nominated by Police Officer Alexander Duncan.
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. Steve Mayer re: 332-336 N. Oakhurst Drive
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 Comments Read into the Record:
1. Dennis Gewant re: Hand Sanitizers during COVID-19
2. Emilia Pirro re: Robberies
3. Grazka Taylor re: Robberies
4. Stephanie Briest re: Robberies
5. Chris Hammond re: 332-336 N. Oakhurst Drive
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS None
4. REPORT FROM THE CITY MANAGER
City Manager George Chavez introduced Interim Police Chief Dominick Rivetti who provided an update on the recent robberies and security plan for the Business Triangle.
City Council provided their questions and comments.
City Council Meeting Minutes
October 26, 2021
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS
Mayor Wunderlich, Vice Mayor Bosse, and Councilmember Friedman reported on their Business Attraction/Retention trip to New York where they visited retailers and businesses, together with the Beverly Hills Chamber of Commerce representatives, CVB and City Staff.
D. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councilmember Friedman, seconded by Councilmember Mirisch, to remove Items D-5 and D-8 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-1 and D-2
Minutes
None
Demands Paid
1. REVIEW OF BUDGETED DEMANDS PAID, covering dates September 28 – October 18, 2021.
ITEM D-1: APPROVED
2. PAYROLL DISBURSEMENT REPORT, covering dates September 28 – October 18, 2021.
ITEM D-2: APPROVED
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
3. AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO REGULATE DISPOSABLE FOODWARE ACCESSORIES. Second Reading – For Adoption.
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 D-3: ADOPTED, ORD# 21-O-2848
4. 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. Second Reading – For Adoption.
City Council Meeting Minutes
October 26, 2021
Comment: This ordinance changes the public noticing requirements for certain planning entitlement applications.
ITEM D-4: ADOPTED, ORD# 21-O-2849
5. ESTABLISHING INCLUSIONARY HOUSING REQUIREMENTS AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Second Reading – For Adoption.
Comment: This ordinance establishes inclusionary housing requirements for multifamily and mixed-use residential projects in the City.
Councilmember Mirisch stated that he is voting against the item.
MOVED by Councilmember Gold, seconded by Vice Mayor Bosse, to adopt Ordinance D-5 as follows:
ORDINANCE OF THE CITY OF BEVERLY HILLS ESTABLISHING
INCLUSIONARY HOUSING REQUIREMENTS AND FINDING THE
ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Ayes: Councilmember Friedman, Councilmember Gold, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: Councilmember Mirisch.
CARRIED
ITEM D-5: ADOPTED, ORD# 21-O-2850
6. ADDING SUBSECTIONS W, X, Y AND Z TO SECTION 4-3-209 PROHIBITING DEMONSTRATIONS WITHIN 300 FEET OF AN ENTRANCE TO AN ELEMENTARY
OR MIDDLE SCHOOL, PROHIBITING DEMONSTRATIONS FROM FOLLOWING
STUDENTS, AND PROHIBITING DEMONSTRATIONS FROM INTERFERING WITH
A PERMITTED EVENT OR SEPARATE PROTEST AND AMENDING THE BEVERLY HILLS MUNICIPAL CODE. Second Reading - For Adoption.
Comment: This ordinance adds new regulations to the City's restrictions on the time, place and manner of certain protests or demonstrations. This ordinance prohibits a protest or demonstration within 300 feet of any elementary or middle school entrance, 50 feet of any school playground, and 100 feet of the intersection of Durant and Moreno Drives during times for student ingress and egress. Additionally, it prohibits protestors or demonstrators from following or harassing minor students to or from school and finally, it prohibits participating in a protest or demonstration in the same time and location of other protests or demonstrations and would prevent protests or demonstrations at the same time and location of another lawfully permitted event.
Written Comment Read into the Record:
1. Robert Zarnegin
City Council Meeting Minutes
October 26, 2021
ITEM D-6: ADOPTED, ORD# 21-O-2851
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
7. APPROVING THE FINAL MAP FOR TENTATIVE PARCEL MAP NO. 78223 (340
SOUTH REXFORD DRIVE), AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH DIAMOND SHIELD INVESTMENTS, LLC.
Comment: This report is a request for City Council adoption of the findings that Parcel Map No. 78223 located at 340 South Rexford Drive is consistent with the previously approved tentative parcel map and that the tentative map conditions have been met.
ITEM D-7: ADOPTED, RES# 21-R-13371, AG# 451-21
APPROVAL OF:
8. AUTHORIZE THE MAYOR TO SIGN A LETTER OF OPPOSITION TO THE 2015 SEIMAS RESOLUTION NO. 597, AUTHORIZING THE DEVELOPMENT OF THE VILNIUS CONGRESS CENTER ON THE 500-YEAR OLD ŠNIPIŠKES JEWISH CEMETARY LOCATED IN LITHUANIA.
Comment: This item requests the City Council authorize the Mayor to sign a letter of opposition addressed to Lithuania's Prime Minister Ingrida Šimonytė opposing Lithuania's authorization of the development of an international conference center on the Šnipiškes Jewish cemetery.
Policy and Management Analyst Cynthia Owens presented a brief overview on the item.
Councilmember Mirisch requested that the City Council take stronger action instead of just a letter. City Council agreed to Councilmember Friedman’s suggestion that the letter be sent to federal and state representatives for them to be aware and intervene.
MOVED by Vice Mayor Bosse, seconded by Councilmember Gold, to approve Item D8 as follows:
AUTHORIZE THE MAYOR TO SIGN A LETTER OF OPPOSITION TO
THE 2015 SEIMAS RESOLUTION NO. 597, AUTHORIZING THE
DEVELOPMENT OF THE VILNIUS CONGRESS CENTER ON THE 500-
YEAR OLD ŠNIPIŠKES JEWISH CEMETARY LOCATED IN LITHUANIA Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
ITEM D-8: APPROVED
9. AMENDMENT TO BROKER LEASING & COMMISSION AGREEMENT WITH CUSHMAN & WAKEFIELD OF CALIFORNIA, INC. AT 331 FOOTHILL ROAD.
City Council Meeting Minutes
October 26, 2021
Comment: Staff recommends City Council approve the Amendment to Broker Leasing & Commission Agreement by and between the City of Beverly Hills and Cushman & Wakefield of California, Inc. at 331 Foothill Road.
ITEM D-9: APPROVED, AG# 452-21
10. AWARD OF A CONTRACT TO ROBERTSON INDUSTRIES INC., FOR THE ROXBURY PARK PLAYGROUND SAFETY SURFACE REPLACEMENT; AND APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE NOT-TOEXCEED AMOUNT OF $260,546; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR WITH RESPECT TO DESIGN CRITERIA.
Comment: Staff recommends approval of the award of a contract to the lowest responsible bidder Robertson Industries Inc. for resurfacing of rubber surfacing at the Roxbury Park Playground in the not-to-exceed amount of $260,546.
ITEM D-10: APPROVED, AG# 453-21
11. A CHANGE PURCHASE ORDER WITH RIGHT OF WAY, INC. IN THE AMOUNT OF $132,500 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $175,000 FOR STREET SIGNAGE UPDATE PROJECTS.
Comment: Staff recommends that City Council move to approve a Change Purchase Order in the amount of $132,500 with Right of Way, Inc. for the purchase of signage and other materials needed for the installation of street signage, for a revised total notto-exceed amount of $175,000.
ITEM D-11: APPROVED
12. AN APPROPRIATION OF $365,500 FROM THE CITY’S SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS - CITIZEN’S OPTION FOR PUBLIC SAFETY (SLESF-COPS) ALLOCATION TO FUND FRONTLINE MUNICIPAL POLICE SERVICES; AND
APPROVAL OF PURCHASE ORDERS FROM VARIOUS VENDORS FOR SUPPLIES AND SERVICES FOR THE CITY’S POLICE DEPARTMENT IN THE TOTAL NOT TO EXCEED AMOUNT OF $365,500 FOR FISCAL YEAR 2021-2022.
Comment: Staff recommends that the City Council approves an appropriation of $365,500.00 from SLESF-COP program account to fund purchases for the Police Department.
ITEM D-12: APPROVED
City Council Meeting Minutes
October 26, 2021
Vote on the City Council Consent Calendar:
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
E. CITY COUNCIL PUBLIC HEARING
TO SET:
1. HEARING DATE FOR AN APPEAL OF THE PLANNING COMMISSION’S AUGUST 26, 2021 DECISION DENYING A HISTORIC INCENTIVE PERMIT TO ALLOW WAIVERS
OR DEVIATIONS FROM THE BEVERLY HILLS MUNICIPAL CODE FOR THE PROPERTY LOCATED AT 910 NORTH BEDFORD DRIVE.
Comment: On August 26, 2021, the Planning Commission adopted a resolution denying a Historic Incentive Permit to allow certain waivers/deviations from the Beverly Hills Municipal Code for the property located at 910 North Bedford Drive. An appeal of this decision has been timely filed seeking City Council approval to allow certain waivers/deviations from the Beverly Hills Municipal Code, and appeal fees have been paid. The next step is for the City Council to set a date at a future meeting for a public hearing to consider the appeal. It is recommended that the hearing date be set for the first meeting in April 2022.
Director of Community Development Ryan Gohlich provided background information on the appeal and spoke about the staff recommendation to set the appeal hearing date on the first City Council meeting in April 2022.
City Council majority supported the staff recommendation.
MOVED by Vice Mayor Bosse, seconded by Councilmember Gold, to set the Public Hearing on the following item for April 2022:
HEARING DATE FOR AN APPEAL OF THE PLANNING COMMISSION’S AUGUST 26, 2021 DECISION DENYING A HISTORIC INCENTIVE
PERMIT TO ALLOW WAIVERS OR DEVIATIONS FROM THE BEVERLY
HILLS MUNICIPAL CODE FOR THE PROPERTY LOCATED AT 910
NORTH BEDFORD DRIVE
Ayes: Councilmember Friedman, Councilmember Gold, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: Councilmember Mirisch.
CARRIED
ITEM E-1: PUBLIC HEARING ON THIS ITEM SET FOR APRIL 2022 City Council Meeting Minutes
October 26, 2021
TO CONSIDER:
This being the time and place set, a public hearing was held to consider:
2. AN ORDINANCE OF THE CITY OF BEVERLY HILLS EXTENDING URGENCY ORDINANCE NO. 20-O-2826 MODIFYING MEDICAL USE REGULATIONS FOR
CERTAIN COMMERCIAL ZONES IN THE CITY, AND DECLARING THE URGENCY THEREOF.
Comment: A request to extend the interim urgency ordinance to amend the municipal code related to medical uses for a period of one year.
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 background information on the proposed medical urgency ordinance, and discussed data on conversion, public notice and comments received, and the staff recommendation to adopt the ordinance to extend for an additional year to November 16, 2022.
Video Public Comments:
1. Orna Wolens
2. Micheal Geller
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 expressed their support for the item.
MOVED by Vice Mayor Bosse, seconded by Councilmember Friedman, to adopt Ordinance E-2 as follows:
AN ORDINANCE OF THE CITY OF BEVERLY HILLS EXTENDING
URGENCY ORDINANCE NO. 20-O-2826 MODIFYING MEDICAL USE
REGULATIONS FOR CERTAIN COMMERCIAL ZONES IN THE CITY,
AND DECLARING THE URGENCY THEREOF
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
ITEM E-2: ADOPTED, ORD# 21-O-2852
City Council Meeting Minutes
October 26, 2021
F. CITY COUNCIL CONTINUED AND NEW BUSINESS
1. RESOLUTION OF THE RENT STABILIZATION COMMISSION RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO THE CITY COUNCIL ORDINANCE NO. 20- O-2818 IN CONNECTION WITH THE TEMPORARY MORATORIA ON EVICTIONS AND RENT INCREASES DURING THE LOCAL EMERGENCY.
Comment: Staff will provide a report on the Rent Stabilization Commission's Resolution to the City Council Regarding Recommendations for Modifications to the Eviction and Rent Increase Moratoriums in the City's Urgency Ordinance No. 20-O-2818.
Deputy Director of Rent Stabilization Helen Morales provided information on the urgency ordinance regarding residential eviction and rent increase moratoriums, the state laws affecting residential eviction moratorium, the Los Angeles County resolution regarding residential eviction moratorium, and the Rent Stabilization Commission recommendations for amendments to the Beverly Hills ordinance on residential eviction and rent increase moratoriums.
Telephone Call-in:
1. Frances Harper
2. Marci Flowers
3. Mark Elliot
4. Danielle Perritz
Written Comments Read into the Record:
1. Dena Roth
2. Andrew Kavanagh
3. Elizabeth Ishak
4. Judi Glova
5. Martha Stevens
6. Lisa Plocher
7. Jasmine Morovati
8. Alex Rotaru
Rent Stabilization Commission Chair Lou Milkowski spoke about the Commission’s considerations.
Councilmembers provided their questions and comments. City Council directed staff to prepare an amendment to the City’s urgency ordinance No. 20-O-2818 in accordance with the City Council direction this evening.
MOVED by Vice Mayor Bosse, seconded by Councilmember Friedman, to direct staff to prepare an amendment to the City’s Urgency Ordinance No. 20-O-2818 in accordance with the City Council direction this evening Ayes: Councilmember Friedman, Councilmember Gold, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: Councilmember Mirisch.
CARRIED
City Council Meeting Minutes
October 26, 2021
ITEM F-1: DIRECTED STAFF TO PREPARE AN AMENDMENT TO THE CITY’S URGENCY ORDINANCE NO. 20-O-2818 IN ACCORDANCE WITH THE CITY
COUNCIL DIRECTION THIS EVENING
2. AN APPEAL OF A DECISION BY THE PLANNING COMMISSION CONDITIONALLY
APPROVING AN AMENDMENT TO A PLANNED DEVELOPMENT TO ALLOW ADDITIONAL USES TO BE ESTABLISHED WITHIN THE MIXED-USE BUILDING’S RETAIL SPACES FOR THE PROPERTY LOCATED AT 8600 WILSHIRE BOULEVARD.
Comment: On May 27, 2021, the Planning Commission adopted a resolution approving an Amendment to a Planned Development to allow additional uses to be established within the mixed-use building's retail spaces for the property located at 8600 Wilshire Boulevard. The resolution permitted the establishment of markets and coffee shops but did not allow the establishment of exercise facilities or the use of a shared parking plan.
A timely appeal of the decision was filed by the property owner's representative. This item has been continued from the September 21, 2021 City Council meeting. The City Council will consider the appeal and the Addendum to the Final Environmental Impact Report and the 2007 Supplement thereto at this hearing.
ITEM F-2: ITEM WAS NOT DISCUSSED, THE APPEAL WAS WITHDRAWN G. COMMISSION SYNOPSIS
1. RENT STABILIZATION COMMISSION - Regular Meeting of August 4, 2021 CULTURAL HERITAGE COMMISSION - Special Meeting of August 24, 2021 RENT STABILIZATION COMMISSION - Special Meeting of September 13, 2021 ARCHITECTURAL COMMISSION - Special Meeting of September 20, 2021 ARTS AND CULTURE COMMISSION - Special Meeting of September 22, 2021 HUMAN RELATIONS COMMISSION - Special Meeting of September 23, 2021 PLANNING COMMISSION - Regular Meeting of September 23, 2021 HEALTH AND SAFETY COMMISSION - Regular Meeting of September 27, 2021 RECREATION AND PARKS COMMISSION - Regular Meeting of September 28, 2021 TRAFFIC AND PARKING COMMISSION - Regular Meeting of October 7, 2021 ITEM G-1: NO ACTION TAKEN
H. OTHER BUSINESS
None
I. ADJOURNMENT
The next City Council meeting is scheduled for November 2, 2021.
There being no further business, Mayor Wunderlich, with the consent of the City Council, adjourned the meeting at 10:34 p.m.
City Council Meeting Minutes
October 26, 2021
PASSED, Approved and Adopted
this 181h day of January, 2022
ROBERT WUNDERLICH, MAYOR
HUMA AHMED, City Clerk
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTV10 Spectrum Cable.