F-2
CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL REGULAR MEETING
January 18, 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 telephonlcally, 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 Wunderllch at 7:12 p.m.
PLEDGE OF ALLEGIANCE \e(i by Mayor Wunderllch
A. ROLL CALL
Present: Councllmember Friedman, Councllmember Gold, Councllmember MIrlsch, Vice Mayor Bosse, and Mayor Wunderllch
Absent: None
Mayor Wunderllch spoke about the antl-SemltIc Incident that occurred at a Texas synagogue over the weekend and the City's response to increase security around Beverly Hills synagogues.
B. PRESENTATION
1. PRESENTATION - The City of Beverly Hills will posthumously award a 'Key to the City* to Betty White In honor of her outstanding leadership and contributions that benefit our society.
Mayor Wunderllch, along with the entire City Council, posthumously awarded a 'Key to the City' to Hollywood legend Betty White In honor of her outstanding leadership and positive contributions. Ms. White's Publicist/Manager and close friend Jeff WItjas accepted the Key on behalf of Ms. White's family.
City Council Meeting Minutes
January 18, 2022
2. PRESENTATION - The City of Beverly Hills will posthumously recognize the lifetime achievements of legendary actor and icon, Sidney Poitler, with a proclamation as well as a 'Key to the City' to honor his outstanding leadership and contributions that benefit our society.
Mayor Wunderlich, along with the entire City Council, posthumously awarded a proclamation and 'Key to the City' honoring the lifetime achievements of Beverly Hills resident, legendary actor and icon Sidney Poitier. The Key and proclamation will be given to Mr. Poitier's family by Vice Mayor Bosse.
3. PRESENTATION - The City of Beverly Hills recognizes the Music Mends Minds program.
Mayor Wunderlich, along with the entire City Council, presented a proclamation to former City Commissioners Myra Lurie and Steven Weinglass on behalf of the Music Mends Minds program. Mayor Wunderlich invited residents to experience the program at Roxbury Park on Tuesdays. Ms. Lurie, Mr. Weinglass, Director of Community Services Jenny Rogers, and Assistant Director of Community Services Patty Acuha all spoke about the program.
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.
1. Alma Ordaz re: Renter Protection
2. Nurit Toeg re: Renter Protection
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. Robert Block re: Mixed Use
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January 18, 2022
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. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councllmember Friedman, seconded by Counciimember Gold, to approve all 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 Regular Meeting of October 12, 2021.
ITEM D-1: APPROVED
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Regular Meeting of October 26, 2021.
ITEM D-2: APPROVED
Demands Paid
3. REVIEW OF BUDGETED DEMANDS PAID, covering dates December 23, 2021 - January 10, 2022.
ITEM D'3: APPROVED
4. PAYROLL DISBURSEMENT REPORT, covering dates December 23, 2021 - January 10, 2022.
ITEM D-4: APPROVED
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
None
City Council Meeting Minutes
January 18, 2022
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
None
APPROVAL OF:
5. AMENDMENT NO. 5 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 AN EXTENSION OF THE AGREEMENT TO DECEMBER 31, 2025, SUBJECT TO ANNUAL EXTENSION FOR EACH YEAR BEYOND JUNE 30. 2022.
Comment: Staff recommends approval of Amendment No. 5 to Agreement No. 481-17 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 and an extension of the Agreement; and approval to extend the Agreement's Termination Date to December 31, 2025, subject to annual extension for each year beyond June 30, 2022 as amended by this Amendment No. 5.
ITEM D-5; APPROVED, AGH 50-22
6. AWARD OF A CONTRACT TO SPARK POWER, LLC, FOR THE POLICE
DEPARTMENT DISPATCH UNINTERRUPTIBLE POWER SUPPLY REPLACEMENT PROJECT; AND
APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE NOT-TOEXCEED AMOUNT OF $619,030; AND
APPROVAL OF PLANS AND SPECIFICATIONS THEREFOR WITH RESPECT TO DESIGN CRITERIA.
Comment: Staff recommends approval of the award of a contract to Spark Power, LLC, for the Police Department Uninterruptible Power Supply (UPS) Replacement project in the amount of $538,287, approve a construction contingency in the amount of $80,743 (15%) and approve a purchase order in the not-to-exceed amount of $619,030.
ITEM D-6: APPROVED, AG# 51-22
7. ACCEPTANCE OF THE CONTRACT WORK FOR THE WATER MAINS
REPLACEMENT PROJECT IN LOMA VISTA DRIVE AND SAN YSIDRO DRIVE WITHIN THE CITY OF BEVERLY HILLS BY TORO ENTERPRISES. INC. IN THE FINAL AMOUNT OF $8,963,552.62 FOR THE CORRESPONDING CONSTRUCTION WORK; AND
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January 18, 2022
AUTHORIZATION OF CITY CLERK TO RECORD A NOTICE OF COMPLETION.
Comment: Staff recommends that City Council accept the described work with Toro Enterprises, Inc. and authorize the City Clerk to record a Notice of Completion. !TEM D-7: APPROVED
8. ACCEPTANCE OF THE CONTRACT WORK FOR THE ROXBURY PARK
PLAYGROUND SAFETY SURFACE REPLACEMENT WITH ROBERTSON
INDUSTRIES, INC. IN THE FINAL AMOUNT OF $236,860; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
Comment: Staff recommends acceptance of the completion of the contract work for the Roxbury Park Playground Safety Surface Replacement and authorize the City Clerk to record Notice of Completion.
ITEM D-8: APPROVED
9. INCREASE THE PURCHASE ORDER TO MIKE PRLICH AND SONS. INC. FOR THE
AS-NEEDED SEWER REPAIR SERVICES CONTRACT IN THE AMOUNT OF $1,006,742.50 FOR A TOTAL NOT TO EXCEED AMOUNT OF $2,076,300.
Comment: Staff recommends City Council move to approve an increase in the purchase order with Mike Priich and Sons, Inc. ("MPS") for high-priority work related to the As-Needed Sewer Repair Services contract in the amount of $1,006,742.50 for a total not to exceed amount of $2,076,300.
ITEM D-9: APPROVED
10. A PURCHASE ORDER WITH HF&H CONSULTANTS, LLC FOR FISCAL YEAR 2021/22 IN THE NOT-TO-EXCEED AMOUNT OF $120,000 FOR SOLID WASTE CONSULTATION.
Comment: Staff recommends approval of a purchase order with HF&H Consultants, LLC for fiscal year 2021/22 in the not-to-exceed amount of $120,000 for solid waste consultation.
ITEM D-10: APPROVED
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 Meeting Minutes
January 18, 2022
E. CITY COUNCIL PUBLIC HEARING
TO SET:
None
TO CONSIDER:
This being the time and place set, a public hearing was held to consider:
1. CITY COUNCIL REVIEW OF THE ADMINISTRATIVE HEARING OFFICER'S DECISION GRANTING AN 84-MONTH TOBACCO HARDSHIP EXEMPTION TO 9460 WEST OLYMPIC BOULEVARD.
Comment: On October 5, 2021, an Administrative Hearing Officer issued a decision to grant an 84-month tobacco hardship exemption to 9460 W. Olympic Boulevard. The City Council, at its regular meeting on December 7, 2021, voted to call the Administrative Hearing Officer's decision up for review. Accordingly, this will be a de novo hearing before the City Council on the 84-month tobacco hardship exemption granted to 9460 W. Olympic Boulevard
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 Policy and Management Analyst and the record of the Policy and Management Department on this matter are made a part of the record of this hearing.
All Councilmembers disclosed that they did not receive any communications or other evidence not currently in the record.
Policy and Management Analyst Cynthia Owens provided background information on the item and discussed the findings of Administrative Hearing Officer Angela Shaw on the appeal, potential questions that the Councilmembers may ask, and the staff recommendation.
Video Public Comment:
1. Myra Demeter, Former Health and Safety Commissioner
Telephone Public Comment:
1. Bill Herd
Appellant Morris Pouldar spoke about his application. Council asked questions of the applicant.
Written Public Comments Read into the Record:
1. Cathy Baker
2. Bijan Bina, Ani M., Baham Haims, Avsam Nazeri, Joseph Shaheri, Samra, Gino Sullivan, Lilly Taheri, Robert Khorramian, Behrooz Pafahin, Helfon Delfin, Bob Kashan, M. Vafa, Francisco Gonzales, Bahman Kohendi, Mark Bronson, Michelle City Council Meeting Minutes
January 18, 2022
Agonino, David Simon-Uhterez, Greg Giancaterino, Yvonne Long, Farhad Hakimi, Jeanette Roman, Marza Jedzicka, Casandra Ramos, John Ryan Memonigle, Rocky R. Reyna, Jonas Grunberg, Joseph Buckley, Brian Molina, Eric Perez, Julia Buschmann, Harrison Keif, Michael Rabin Hekmati, Ramin Nassirzadeh, Sean Clemens, Premiri Ferrandini Gamaikian, Thomas Powell
3. J. Lloyd Buckley
4. Rabbi Levi lllulian
Telephone Public Comment:
1. Peter Ostroff
There were no other members of the public who wished to comment. Mayor Wunderlich closed the public hearing.
Council asked further questions of Applicant and staff.
The Applicant provided their closing remarks.
Council asked questions of Administrative Hearing Officer Angela Shaw.
Council provided additional comments. Council agreed to overturn Administrative Hearing Officer Angela Shaw's decision and grant a hardship exemption of two years through December 31, 2022.
MOVED by Councilmember Gold, seconded by Vice Mayor Bosse, to direct the City Attorney to prepare a resolution overturning the Administrative Hearing Officer's decision granting a different length of time for a tobacco hardship exemption ending on December 31, 2022 to 9460 West Olympic Boulevard
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
ITEM E-1: DIRECTED THE CITY ATTORNEY TO PREPARE A RESOLUTION
OVERTURNING THE ADMINISTRATIVE HEARING OFFICER'S DECISION
GRANTING A DIFFERENT LENGTH OF TIME FOR A TOBACCO HARDSHIP EXEMPTION ENDING ON DECEMBER 31, 2022 TO 9460 WEST OLYMPIC
BOULEVARD
This being the time and place set, a public hearing was held to consider:
2. AN ORDINANCE OF THE CITY OF BEVERLY HILLS EXTENDING INTERIM ORDINANCE NO. 21-0-2833 AMENDING SECTION 10-2-303 OF THE MUNICIPAL
CODE REGARDING ADJUSTING LOT LINES THAT ARE BETWEEN
JURISDICTIONAL BOUNDARIES, AND DECLARING THE URGENCY THEREOF.
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January 18, 2022
Comment: This ordinance would extend Interim Ordinance No. 21-0-2833 for an additional 1 year period.
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 Item and discussed the staff recommendation.
There were no members of the public who wished to comment. Mayor Wunderllch closed the public hearing.
Council provided their questions and comments.
There were no further questions or comments from Councllmembers. Council agreed to move forward with the ordinance extension.
MOVED by Councllmember Friedman, seconded by Vice Mayor Bosse, to adopt Ordinance E-2 as follows:
AN ORDINANCE OF THE CITY OF BEVERLY HILLS EXTENDING
INTERIM ORDINANCE NO. 21-0-2833 AMENDING SECTION 10-2-303
OF THE MUNICIPAL CODE REGARDING ADJUSTING LOT LINES
THAT ARE BETWEEN JURISDICTIONAL BOUNDARIES. AND
DECLARING THE URGENCY THEREOF
Ayes: Councllmember Friedman, Councllmember Gold, Councllmember MIrlsch, Vice Mayor Bosse, and Mayor Wunderllch.
Noes: None.
CARRIED
ITEM E'2: ADOPTED, ORD# 22-0-2855
This being the time and place set, a public hearing was held to consider:
3. AN ORDINANCE OF THE CITY OF BEVERLY HILLS EXTENDING INTERIM ORDINANCE NO. 21-0-2853 TO PROVIDE OBJECTIVE STANDARDS FOR SENATE BILL 9 PROJECTS IN SINGLE-FAMILY RESIDENTIAL ZONES, AND DECLARING THE URGENCY THEREOF.
Comment: This ordinance would extend Interim Ordinance No. 21-0-2853 for an additional 10 months and 15 days, for a total of 1 year.
City Council Meeting Minutes
January 18, 2022
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 item and discussed Senate Bill 9.
Telephone Public Comment:
1. Murray Fischer
There were no other members of the public who wished to comment. Mayor Wunderlich closed the public hearing.
There were no questions or comments from Councilmembers. Council agreed to move forward with the ordinance.
MOVED by Vice Mayor Bosse, seconded by Councilmember Friedman, to adopt Ordinance E-3 as follows:
AN ORDINANCE OF THE CITY OF BEVERLY HILLS EXTENDING
INTERIM ORDINANCE NO. 21-0-2853 TO PROVIDE OBJECTIVE
STANDARDS FOR SENATE BILL 9 PROJECTS IN SINGLE-FAMILY
RESIDENTIAL ZONES. AND DECLARING THE URGENCY THEREOF
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
fTEM E-3: ADOPTED, ORD# 22-0-2856
F. CITY COUNCIL CONTINUED AND NEW BUSINESS
1. AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING DISCLOSURE
REQUIREMENTS FOR BALLOT MEASURE COMMITTEES AND AMENDING THE BEVERLY HILLS MUNICIPAL CODE. First Reading - For Introduction.
Comment: This proposed ordinance will update the City's 2010 campaign disclosure regulations. The proposed ordinance will broaden the disclosure obligations so that the regulations don't apply merely to ballot measure committees but also apply to independent expenditure committees, including political action committees. Additionally, the proposed ordinance will incorporate requirements of the state DISCLOSE (Democracy is Strengthened by Casting Light on Spending in Elections) act which contains detailed requirements for disclosure, and will also apply the disclosure regulations to newer forms of technology.
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City Attorney Laurence Wiener provided background information on the item and discussed three outstanding issues for City Council discussion.
Written Public Comments Read into the Record:
1. Gay Abrams, Susan Mishler, Harry Abrams, Anne Ostroff, Peter Ostroff, Jodi Cohn, Jane Davis, Jon Pynoos, PhD, Rebecca Pynoos, Myra Demeter, PhD, Dan Demeter, Ron Richards, Eliot FInkei, Elyse Salend, Lori Greene Gordon, Tom Schulhof, Natalie Gordon, Gina Seidel, Neil Gordon, Fern Seizer, Victoria Gordon, Edward Sigall, MD, Andrea Grossman, Howard Soloway, Rick Grossman, Trinka Soloway, Marc Hankin, Jonathan Swerdlow, Lou Ignarro, PhD, Andy Wolk, Sharon Ignarro, MD, Eli Yadegar, Navid Yadegar
2. Herb Reston, David Lockman, Joanne Lockman, Wendy Nystrom, Diane Saike, Karen Sulzberger, Eric Lax
Council provided their questions and comments. Council supported moving fon/vard with the ordinance with their suggested amendments.
MOVED by Councilmember Mirisch, seconded by Vice Mayor Bosse, to introduce and read by title only as amended, advance to the meeting of February 8,2022 for adoption as amended. Ordinance F-1 as follows:
AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING
DISCLOSURE REQUIREMENTS FOR BALLOT MEASURE
COMMITTEES AND AMENDING THE BEVERLY HILLS MUNICIPAL
CODE
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 FEBRUARY 8, 2022 FOR ADOPTION AS AMENDED G. COMMISSION SYNOPSIS
1. PUBLIC WORKS COMMISSION - Special Meeting of November 10, 2021 RENT STABILIZATION COMMISSION - Regular Meeting of December 1, 2021 DESIGN REVIEW COMMISSION - Regular Meeting of December 2, 2021 CULTURAL HERITAGE COMMISSION - Special Meeting December 8, 2021 PUBLIC WORKS COMMISSION - Regular Meeting of December 9, 2021 ARCHITECTURAL COMMISSION - Regular Meeting of December 15, 2021 HEALTH AND SAFETY COMMISSION - Special Meeting of December 20, 2021 ITEM G-1: NO ACTION TAKEN
City Council Meeting Minutes
January 18, 2022
H. OTHER BUSINESS
None
/. ADJOURNMENT
The next City Council meeting is scheduled for February 8, 2022.
There being no further business, Mayor Wunderlich, with the consent of the City Council, adjourned the meeting at 11:52 p.m.
PASSED, Approved and Adopted
this 15^^ day of March, 2022
ma
HUMA 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.