CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL REGULAR MEETING
December 7, 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 telephonicaliy, 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 iisted on the agenda.
The City Council Regular Meeting was called to order by Mayor Wunderlich at 7:33 p.m.
PLEDGE OF ALLEGIANCE \e6 by Mayor Wunderlich
A. ROLL CALL
Present: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich
Absent: None
B. PRESENTATION
1. PROCLAMATION - Special Recognition of longtime resident and philanthropist^ Jacoueline Avant.
On behalf of the entire City Council and the City, Mayor Wunderlich extended condolences to the family of longtime resident and philanthropist Jacqueline Avant. He read the proclamation recognizing Mrs. Avant and held a moment of silence in her memory. Mayor Wunderlich also read a statement from the Avant and Sarandos Families.
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2. PROCLAMATION - The City of Beverly Hills recognizes the Music Mends Minds program.
Mayor Wunderllch announced that this proclamation will be postponed to a future Council meeting date due to a death in the family of some of the honorees.
3. PROCLAMATION - The City of Beverly Hills will honor all Veterans as well as Beverly Hills High School alumni Captain Robert H. Wolff who was recently awarded the Legion of Honor, France's highest award.
Mayor Wunderllch, along with the entire City Council, presented a proclamation honoring all Veterans and Beverly Hills High School alumnus Captain Robert H. Wolff, who was recently awarded France's highest award, the Legion of Honor. Captain Wolff spoke about his experiences and thanked the City Council for the proclamation.
4. PRESENTATION - Introduction of Chief Mark Stalnbrook and Chief's Update on Community Security.
Mayor Wunderllch Introduced and welcomed Police Chief Mark Stalnbrook. Chief Stalnbrook provided a brief update on community security.
5. 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 Wunderllch 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 telephonlcally or share oral communications on this phone line.
1. Shahram Melamed re: Community Securlty/Alrbnb Enforcement
2. Janice Brenman re: FIre/Pollce Personnel Recruitment
3. Ben BehmadI re: Community Security
4. Randy Simon re: Community Security
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. Paul Bernstein re: Council Candidate Forums
2. Jacob Kohanzadeh re: Electric Poles In Alleys
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December 7, 2021
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS City Attorney Laurence Wiener reported that the City Council unanimously approved the opioid class action settlement agreement, which will provide the City with approximately $1.1 million over 18 years to be spent on opiold treatment and prevention.
4. REPORT FROM THE CITY MANAGER
* Update on Burton Way Median Green Street Project - Derek Nguyen, Project Manager
City Manager George Chavez introduced Project Manager Derek Nguyen, who provided an update on the Burton Way Median Green Street Construction Project.
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS
Councilmember Gold shared that he attended an Independent Cities Association Executive Committee Strategic Planning in Huntington Beach about ten days ago.
D. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councilmember Friedman, seconded by Councilmember Mirisch, to approve all items on the City Council consent calendar, and direct that the appropriate accounts be charged on Items D-11 and D-12
Minutes
1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session of August 3, 2021.
ITEM D-1: APPROVED
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session of August 17, 2021.
ITEM D-2: APPROVED
3. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Special Study Session of September 14, 2021.
ITEM D-3: APPROVED
4. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Regular Meeting of September 14, 2021.
ITEM D-4: APPROVED
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5. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session of September 21, 2021.
ITEM D'5: APPROVED
6. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of September 21, 2021.
ITEM D-6; APPROVED
7. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Study Session of October 12, 2021.
ITEM D-7: APPROVED
8. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Study Session of October 26, 2021.
ITEM D-8: APPROVED
9. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session of November 2, 2021.
ITEM D-9; APPROVED
10. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session of November 16, 2021.
ITEM D'10: APPROVED
Demands Paid
11. REVIEW OF BUDGETED DEMANDS PAID, covering dates November 9 - 29, 2021.
ITEM D-11: APPROVED
12. PAYROLL DISBURSEMENT REPORT, covering dates November 8 - 29, 2021.
ITEM D'12: APPROVED
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
13. RENUMBERING EXISTING ARTICLE 5 (CROSS CONNECTION CONTROL PROGRAM) OF CHAPTER 1 (CITY UTILITY SERVICES) OF TITLE 6 (UTILITIES AND FRANCHISES) OF THE BEVERLY HILLS MUNICIPAL CODE TO ARTICLE 6, ADDING NEW ARTICLE 5 (MANDATORY ORGANIC WASTE DISPOSAL
REDUCTION) TO CHAPTER 1 (CITY UTILITY SERVICES) OF TITLE 6 (UTILITIES City Council Meeting Minutes
December 7, 2021
AND FRANCHISES) OF THE BEVERLY HILLS MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA. First Reading - For Introduction.
Comment: This ordinance amends the Beverly Hills Municipal Code Title 6, Chapter 1, Article 5 to include a new Article 5 (Mandatory Organic Waste Disposal Reduction) to help reduce emissions of short-lived climate pollutants.
ITEM D'13: INTRODUCED AND READ BY TITLE ONLY, ADVANCE TO THE MEETING OF DECCEMBER 21, 2021 FOR ADOPTION
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
14. FOR ACCEPTANCE OF A GRANT UNDER THE U.S. DEPARTMENT OF JUSTICE.
OFFICE OF JUSTICE PROGRAMS FEDERAL BULLETPROOF VEST
PARTNERSHIP FOR FISCAL YEAR 2021 (BVP21); AND
APPROPRIATION OF $7,045.68 TO PURCHASE BALLISTIC VESTS.
Comment: Staff recommends the City Council adopt a resolution authorizing the acceptance of grant funding under the Federal Bulletproof Vest Partnership (BVP 21) and appropriate grant funds of $7,045.68 for the purchase of ballistic vests.
ITEM D-14: ADOPTED, RESH 21-R-13374
15. IN SUPPORT OF THE "BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE INITIATIVE" TO AMEND ARTICLE XI OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA TO MAKE ZONING AND LAND USE COMMUNITY AFFAIRS AND NOT OF STATE INTEREST.
Comment: The Brand-Huang-Mendoza Tripartisan Land Use Initiative ("Initiative") is a response to the state legislature passing and signing into law a number of bills overriding local control on land use planning and housing issues over the last several years. This item requests the City Council pass a resolution in support of the Initiative.
ITEM D'15: ADOPTED, RES# 21-R'13375
16. APPROVING APPLICATION(S) FOR THE STATE OF CALIFORNIA'S PER CAPITA GRANT FUNDS PROGRAM.
Comment: Staff recommends City Council approval of the application for Per Capita Grant funds from the State Department of Parks and Recreation for use of the grant funds in the City.
ITEM D-16: ADOPTED, RES# 21-R-13376
17. 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.
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Comment: This resolution implements the necessary requirements to allow the City Council to continue virtual meetings during the COVID-19 declared emergency.
ITEM D-17: ADOPTED, RES# 21-R-13377
APPROVAL OF:
18. REAPPOINTING MEMBERS TO THE CHARITABLE SOLICITATIONS COMMISSION (JODI K. GALEN), CULTURAL HERITAGE COMMISSION (MARC TEREN), HEALTH AND SAFETY COMMISSION (LEE H. HILBORNE, MD, MPH), AND PUBLIC WORKS COMMISSION (JOHN MILLAN).
Comment: Reappoints Charitable Solicitations Commissioner Jodi K. Galen, Cultural Heritage Commissioner Marc Teren, Health and Safety Commissioner Lee H. Hilborne, MD, MPH, and Public Works Commissioner John Millan to a second term of four years each.
ITEM D-18: APPROVED
19. AUTHORIZING THE ACCEPTANCE OF A GRANT AWARDED BY THE CALIFORNIA
OFFICE OF TRAFFIC SAFETY (OTS) FOR SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) AND APPROPRIATING FUNDS IN THE AMOUNT OF $92,000 FOR POLICE OVERTIME, TRAINING/TRAVEL, AND SUPPLIES.
Comment: Staff recommends that the City Council authorize the acceptance of grant funding from the California Office of Traffic Safety (OTS) and authorize the Chief of Police to execute and submit all documents needed for administration of the grant, including applications, payment requests and agreements for Police Department sobriety enforcement operations, other OTS traffic operations, training/travel, and appropriate funds in the amount of $92,000.00
ITEM D-19: APPROVED
20. AN AGREEMENT WITH HF&H CONSULTANTS, LLC, FOR DEVELOPMENT OF WATER AND WASTEWATER ENTERPRISES COST OF SERVICE STUDY; AND APPROVAL OF A CORRESPONDING PURCHASE ORDER IN THE NOT-TOEXCEED AMOUNT OF $244,301.20; AND APPROVAL OF AN APPROPRIATION IN THE AMOUNT OF $122,150.60 FROM THE WATER ENTERPRISE FUND; AND
APPROVAL OF AN APPROPRIATION IN THE AMOUNT OF $122,150.60 FROM THE WASTEWATER ENTERPRISE FUND.
Comment: Staff recommends City Council approve an agreement between the City of Beverly Hills and HF&H Consultants, LLC for the development of a Water and Wastewater Enterprises cost of service study; approve a purchase order in the not-toexceed amount of $244,301.20; appropriate $122,150.60 from the Water Enterprise City Council Meeting Minutes
December 7, 2021
Fund Balance; and appropriate $122,150.60 from the Wastewater Enterprise Fund Balance to fund the work required to complete the Water and Wastewater Enterprise cost of service study.
ITEM D-20: APPROVED, AG# 499-21
21. ACCEPTANCE OF THE CONTRACT WORK FOR THE FIBER-TO-THE-PREMISE PROJECT BY HENKELS & MCCOY, INC., IN THE FINAL AMOUNT OF $11,845,563.61; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
Comment: Staff recommends City Council accept the described work by Henkels & McCoy, Inc. in the final amount of $11,845,563.61 and authorize the City Clerk to record the Notice of Completion.
ITEM D-21: APPROVED
22. ACCEPTANCE OF THE CONTRACT WORK FOR THE POLICE FACILITY
DOMESTIC HOT WATER SYSTEM UPGRADE PROJECT WITH SOUTH COAST MECHANICAL IN THE FINAL AMOUNT OF $607,655; AND
AUTHORIZATION OF CITY CLERK TO RECORD NOTICE OF COMPLETION.
Comment: Staff recommends City Council accept the described work with South Coast Mechanical and authorize the City Clerk to record the Notice of Completion.
ITEM D-22: APPROVED
23. A PURCHASE ORDER TO ALTEC INDUSTRIES, INC. FOR A TOTAL NOT-TOEXCEED AMOUNT OF $270,889.49 FOR PURCHASE OF ONE (1) COMPRESSED NATURAL GAS (CNG) FUELED HYBRID AERIAL PLATFORM VEHICLE.
Comment: Staff recommends that the City Council waive the bidding requirements, as the City is utilizing the National Joint Powers Alliance (NJPA) / Sourcewell bid process, and move to approve a purchase order in the amount of $270,889.49 to Altec Industries, Inc. for the purchase of the specified CNG Hybrid Aerial Platform vehicle.
ITEM D-23: APPROVED
24. REQUEST FOR THE ADDITION OF FIVE NEW POSITIONS IN THE COMMUNITY
DEVELOPMENT DEPARTMENT FOR THE CREATION OF A MAJOR PROJECTS TEAM AND AUTHORIZATION TO APPROPRIATE $332,834 FROM THE GENERAL
FUND TO FUND THE FULLY-BURDENED COMPENSATION AND ONE-TIME EQUIPMENT COSTS FOR FISCAL YEAR 2021-22.
Comment: Staff requests the City Council move to create five new positions in the Community Development Department which will be part of a Major Projects Team including one (1) Project Manager, one (1) Associate Project Manager, one (1) Senior Planner, one (1) Management Analyst, and one (1) Senior Building Inspector, and City Council Meeting Minutes
December 7, 2021
authorize an appropriation from the General Fund in the amount of $332,834 to pay for the positions and one-time equipment costs in fiscal year 2021-22. If approved, the annual salary and benefits compensation costs to fund this personnel request will become ongoing beginning in Fiscal Year 2022-23 which is currently estimated at $930,991. The total appropriation for the five new positions will be offset by new revenue generated from the plan review and permit application processing fees associated with major projects including the One Beverly Hills project. There will not be an impact to the City's existing General Fund balance.
ITEM D-24: 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 PUBLIC HEARING
TO SET:
1. HEARING DATE FOR THE CITY COUNCIL TO REVIEW 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 granting an 84-month tobacco hardship exemption to 9460 West Olympic Boulevard.
The City Council, at its regular meeting on November 2, 2021, voted to call the Administrative Hearing Officer's decision up for review. Accordingly, this item is to set the date of the de novo hearing before the City Council on the 84-month tobacco hardship exemption granted to 9460 West Olympic Boulevard by the Administrative Hearing Officer.
Policy and Management Analyst Cynthia Owens provided background information on the tobacco hardship exemption appeal and spoke about the recommendation to schedule the hearing date on January 18, 2022.
ITEM E-1: BY ORDER OF THE CHAIR, ABSENT OBJECTION, PUBLIC HEARING ON THIS MATTER SET FOR JANUARY 18, 2022
TO CONSIDER:
This being the time and place set, a public hearing was held to consider:
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December 7, 2021
2. AN INTERIM ORDINANCE OF THE CITY OF BEVERLY HILLS TO PROVIDE OBJECTIVE STANDARDS FOR SENATE BILL 9 PROJECTS IN SINGLE-FAMILY RESIDENTIAL ZONES, AND DECLARING THE URGENCY THEREOF.
Comment: This urgency ordinance establishes zoning regulations in response to Senate Bill 9.
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 Senate Bill (SB) 9 and discussed the proposed ordinance and staff recommendation.
There were no members of the public who wished to comment. Mayor Wunderlich closed the public hearing.
City Council provided their questions and comments. Council suggested looking for ways to place restrictions on types of ownership in the permanent ordinance.
There were no further questions or comments from Councilmembers. Council agreed to move forward with the interim ordinance.
MOVED by Vice Mayor Bosse, seconded by Councilmember Mirisch, to adopt Interim Ordinance E-2 as follows:
AN INTERIM ORDINANCE OF THE CITY OF BEVERLY HILLS 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
ITEM E-2: ADOPTED, ORD# 21-0-2853
F. CITY COUNCIL CONTINUED AND NEW BUSINESS
1. REQUEST BY MAYOR WUNDERLICH TO DISCUSS FUTURE USE OF THE GALE STAGING YARD SITE.
Comment: This item provides the City Council with an opportunity to provide staff with input on the long term use of the Gale Staging Yard located at 8421 Wilshire Boulevard.
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City Planner Timothea Tway provided background information on the Gale staging yard located at 8421 Wilshire, and discussed the points for consideration by the City Council and next steps.
Council provided their comments and suggestions. Council directed staff to put together the City Council comments and solicit public input, and return to City Council with a more specific plan.
ITEM F'1: CITY COUNCIL PROVIDED THEIR COMMENTS AND SUGGESTIONS G. COMMISSION SYNOPSIS
1. HUMAN RELATIONS COMMISSION - Regular Meeting of October 21, 2021 RENT STABILIZATION COMMISSION - Regular Meeting of November 3, 2021 TRAFFIC AND PARKING COMMISSION - Regular Meeting of November 4, 2021 CULTURAL HERITAGE COMMISSION - Special Meeting of November 4, 2021 ARCHITECTURAL COMMISSION - Regular Meeting of November 17. 2021 PLANNING COMMISSION - Special Meeting of November 18, 2021 ITEM G'1: NO ACTION TAKEN
H. OTHER BUSINESS
None
I. ADJOURNMENT
The next City Council meeting is scheduled for December 21, 2021.
There being no further business. Mayor Wunderlich, with the consent of the City Council, adjourned the meeting at 10:19 p.m. to 2:30 p.m. on December 21, 2021 in memory of Jacqueline Avant.
PASSED, Approved and Adopted
this day of February, 2022
HUMA AHMED, City Clerk
ROBERT WUNDERLICH, MAYOR/CHAIR
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTV10 Spectrum Cable.