AGENDA REPORT
Meeting Date: March 1, 2022
Item Number:
To: Honorable Mayor & City Council
From: Mark G. Stainbrook, Chief of Police
Shana Epstein, Director of Public Works
Subject: REQUEST FROM VICE MAYOR BOSSE TO DISCUSS THE
INTERSECTION AT BEVERLY/CAÑON/LOMITAS AND REQUEST
FROM MAYOR WUNDERLICH TO DISCUSS TRAFFIC SAFETY IN
GENERAL
Attachments: 1. April 2, 2019 Agenda Report with attachments
RECOMMENDATION
Staff recommends Council review and provide any additional direction.
INTRODUCTION
This item provides a review of the illegal vehicular events which took place on the evening of Saturday, February 19, 2022, at the six (6) point intersection of N Beverly Dr., N Cañon Dr., and Lomitas Ave.
DISCUSSION
On Saturday, February 19, 2022, an illegal vehicle sideshow event took place at the six (6) point intersection of N Beverly Dr., N Cañon Dr., and Lomitas Ave.
The timeline of activity related to the incident is as follows:
11:29 PM BHPD dispatch received the first call related to the incident and gathered details pertaining to the call so that responding units would be properly equipped.
11:31 PM Dispatch assigned a unit to the call and this is the first time patrol units are sent to the incident. At the time of the call, five out of nine units were available to respond. The other four units were handling other calls of service.
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11:35 PM Patrol units meet prior to responding to the event and draft a safe, tactical plan to minimize any unnecessary risks to the community, staff, and participants of the illegal activity.
11:38 PM The event was stabilized, and patrol units had taken control of the intersection.
It took 6 min 50 sec (11:31:21 PM to 11:38:11 PM) from the moment dispatch assigned units to those units taking control of the intersection. Thanks to the officers’ safe tactical deployment, there were no known injuries sustained by any party and no property damage. The result of the quick action plan led to the impound of two vehicles, three arrests, and the detainment and release of two juveniles.
This vehicle sideshow group has targeted six other cities. To our knowledge, BHPD has been the only organization to successfully make arrests and impound vehicles, per Beverly Hills Municipal Code Chapter 7 (BHMC 7-7-1, 7-7-2, 7-7-3 Spectators at Speed Contests of Reckless Driving Exhibitions, Agenda Report E-4 from 2019 attached).
On Tuesday, February 22, 2022, BHPD deployed a mobile CCTV unit to the intersection.
This provides additional coverage to the existing CCTV cameras in the area. The flashing blue and red lights on the mobile unit also serve as a crime deterrent.
Currently, BHPD traffic investigators are reviewing Milestone CCTV video to identify license plates, vehicles and individuals who participated in the illegal sideshow event.
Action will be taken based on the information gathered.
The center of the six (6) way intersection of N Beverly Dr., N Cañon Dr., and Lomitas Ave. has been a targeted by vehicles in the past where enforcement has also been required. The street layout in this area of Beverly Hills was designed by Wilbur David Cook in 1907. Cook was a landscape architect who worked with the famed Olmsted Brothers and designed the grounds of the Beverly Hills Hotel.
In the past, the City has reviewed this intersection for safety and mobility concerns. Most recently, in late 2021, the City contracted with the engineering firm, GHD, Inc., to review the intersection. GHD, Inc. has been tasked with identifying design alternatives, such as a possible roundabout, to improve traffic safety, efficiency, and provide safe and accessible pedestrian connections to the existing sidewalks. This review will also consider the collision history and traffic conflict points that could result in collisions.
Public Works staff anticipates presenting the proposed design alternatives to the Traffic and Parking Commission and at a City Council Study Session this summer.
In addition to this specific location, the Police Department and Public Works Department are working together to address citywide traffic safety concerns. Driving behavior in Beverly Hills, the Los Angeles region, and nationally reflects a growing trend in reckless driving and a rise in traffic violence. The broader goal of improving traffic safety requires a multi-faceted approach that includes not just the traditional “Three E’s” of traffic safety (Engineering, Education, and Enforcement), but also takes a holistic view of the roadway system (roadway design, users, vehicles, speeds, etc.) to identify ways to reduce deaths and serious injuries. Staff will present more information on what is referred to as, “The Safe System” approach to roadway safety at the City Council Study Session on March
15. FISCAL IMPACT
Currently, staff is working within exiting budgets and per council direction, may increase future budgetary requests.
Shana Epstein Mark G. Stainbrook
Approved By Approved By
Attachment 1
cBEVER LY)
\HILLS/
AGENDA REPORT
Meeting Date: April 2, 2019
Item Number: E-4
To: Honorable Mayor & City Council
From: Marc Coopwood, Assistant Police Chief
Cynthia Owens, Policy & Management Analyst
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE
BEVERLY HILLS MUNICIPAL CODE REGARDING SPECTATORS AT
ILLEGAL STREET RACING AND RECKLESS DRIVING EXHIBITIONS
Attachments: 1. Staff Report from January 15, 2019 (Without Attachments)
2. Ordinance
RECOMMENDATION
Staff recommends the City Council waive the full reading, read by title only, and introduce the Ordinance entitled ‘AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL CODE REGARDING SPECTATORS AT ILLEGAL STREET RACING AND RECKLESS DRIVING EXHIBITIONS.”
INTRODUCTION
At the January 15, 2019 City Council Study Session (Attachment 1), staff presented a report seeking direction on introducing an ordinance to prohibit spectators at illegal street racing and reckless driving exhibitions. The City Council directed staff to bring forth an ordinance to address the issue of spectators congregating at these types of events. In addition, the Police Department felt it was important to cover spectators at reckless driving exhibitions. A spectator, under Title 7 (Traffic, Parking and Public Transportation) Chapter 7 (Spectators at Speed Contests or Reckless Driving Exhibitions) Section 3 (Spectators), would be someone who is knowingly present at such events.
DISCUSSION
Illegal speed contests (also known as street racing) as well as reckless driving exhibitions (also known as side shows), are a concern in cities across California due to the risk of injury to non-participants and participants. Many of these street racing events and sideshows are advertised on social media which attracts a large number of
Meeting Date: April 2, 2019
spectators to the area. Over the past year, there have been six ‘street take-overs” by vehicles and spectators associated with these types of events, with the latest event occurring in March 2019.
Current California law (California Vehicle Code 23103, 23109 and 22651.6) only addresses issues with the vehicles and drivers involved in illegal speed contests and reckless driving exhibitions. The regulations do not contain provisions for addressing spectators at the event.
The proposed ordinance states that an individual will be considered to be present at an illegal street racing event or reckless driving exhibition if they are within 100 feet of the location of the event or within 100 feet of where preparations are being made for the event. Furthermore, it makes it illegal for a person to knowingly be present as a spectator on public or private property where the illegal street racing event or reckless driving exhibition is occurring or where preparations are being made for such an event.
Per the Beverly Hills Municipal Code (BHMC) 1-101, Misdemeanors, Infractions, and Administrative Remedies, violations of the proposed ordinance would be considered a misdemeanor.
Per BHMC 1-3-106, Punishment, a misdemeanor is subject to either a maximum of six months in jail or a fine of one thousand dollars, or both, unless prosecuted as an infraction. Should a violation be punished as an infraction, the first violation would be punishable by a $100 fine. Should a second offense be committed within 12 months, the fine would increase to $200. A third offense, and any subsequent offense, would be subject to a $500 fine.
At the January 15, 2019 Study Session, the City Council requested staff explore expanding the definition of spectator such that it excluded someone who may be present at an illegal speed contest unintentionally and/or without prior knowledge. The word “knowingly” is included in the ordinance in order to provide this clarification for enforcement purposes. This will allow police officers to make a determination if someone is inadvertently present in the area versus someone who deliberately present to view such an event. This determination will be based on gathering information such as residency, prior attendance at these events, and/or interfering with police officers as they arrive on scene to manage the incident.
FISCAL IMPACT
No additional staffing would be required to enforce the ordinance. There may be costs incurred with prosecuting individuals who are present at illegal speed contests, which can be accommodated within the City Council approved budget. There may be a minimal increase in City revenue due to the issuance of fines to the spectators. c?2d12c?z
Sandra Spagnoli eorge Chavez
Concurred By Approved By
Attachment I
STAFF REPORT
Meeting Date: January 15, 2019
To: Honorable Mayor and City Council
From: Cynthia Owens, Policy & Management Analyst
Subject: Proposed Ordinance Prohibiting Spectators at Illegal Speed Contests
Attachments: 1. Draft Ordinance
2. Vehicle Code 23109
3. Vehicle Code 22651.6
INTRODUCTION
Illegal speed contests, also known as street racing, is a concern in cities across California due to the risk of injury to non-participants and participants. Additionally, there are public safety concerns due to the amount of spectators attracted to these events, especially when the illegal speed contest is publicized in advance on social media.
The City Council Legislative/Lobby Committee (Liaisons Vice Mayor Mirisch and Councilmember Friedman) reviewed this item in June 2018 and recommended staff develop an ordinance to address illegal speed contests. This item requests the City Council review the proposed draft ordinance (Attachment 1) and provide direction to staff.
DISCUSSION
The California Vehicle Code prohibits engaging in, or aiding and abetting in, any motor vehicle speed contests, which is defined as “a motor vehicle race against another vehicle, a clock, or other timing device.”
Illegal Speed Contest Statistics
According to the LA Times, since 2000, there have been 179 deaths in Los Angeles County where illegal speed contests were suspected as the cause of the accident. The deadliest year on record was 2007, with 18 fatal crashes. From January 1, 2015 to December 31, 2017, there were a total of 38 fatalities where illegal speed contests were implicated in the cause of death.
Overall, 47 percent of fatalities are the suspected racer, 27 percent are the passenger, 14 percent are an uninvolved motorist, 6 percent are pedestrians, and 5 percent are spectators.
Meeting Date: January 15, 2019
From July 2016 to July 2017, the CHP recorded nearly 700 racing incidents in Los Angeles County. Those races involved roughly 17,000 vehicles and 22,000 people, according to the CHP data.
Where Are Street Racing Deaths Happening
Engaging in an illegal speed contest in California is considered a misdemeanor for the driver of the vehicle, as well as anyone aiding and abetting in a motor vehicle speed contest. Penalties may include:
• Minimum of 1 day and up to 90 days in county jail,
• Fine of $355 to a maximum of $1000,
• 40 hours of community service,
• Suspension or restriction of the person’s driver’s license from 90 days to 6 months, and/or • Impound of the vehicle from one to 30 days.
Additionally, should someone be injured during the illegal speed contest, penalties may increase including:
• An increase in jail time from 30 days to 6 months and • The minimum fine increasing to $500.
Deaths have occurred all across L.A. County, with the biggest concentration in the small city of Commerce. •
Corn merce
Penalties for Participating in an Illegal Speed Contest
Meeting Date: January 15, 2019
Proposed Ordinance
California Vehicle Code 23109 (Attachment 2) governs the enforcement of illegal speed contests for drivers of the vehicles while California Vehicle Code 22651.6 (Attachment 3) allows peace officers to remove vehicles engaged in a speed contest. These regulations do not contain provisions for spectators who intend to be present to watch an illegal speed contest.
Over the past year, there have been five street take-overs” by vehicles and spectators associated with these types of events. In June 2018, the Legislative/Lobby Liaisons requested staff develop an ordinance to further regulate street racing in Beverly Hills and to advocate for more stringent state penalties.
Staff from the Police Department, Policy and Management, and the City Attorney’s Office developed an ordinance to prohibit spectators at an illegal speed contest or where preparations are being made for an illegal speed contest.
Per the Beverly Hills Municipal Code (BHMC) 1-101, Misdemeanors, Infractions, and Administrative Remedies, violations of the proposed ordinance would be considered a misdemeanor.
Per BHMC 1-3-106, Punishment, a misdemeanor is subject to either a maximum of six months in jail or a fine of one thousand dollars, or both, unless prosecuted as an infraction. Should a violation be punished as an infraction, the first violation would be punishable by a $100 fine. Should a second offense be committed within 12 months, the fine would increase to $200. A third offense, and any subsequent offense, would be subject to a $500 fine.
FISCAL IMPACT
No additional staffing would be required to enforce the ordinance. There may be costs incurred with prosecuting individuals who are present at illegal speed contests, which can be accommodated within the City Council approved budget. There may be a minimal increase in City revenue due to the issuance of fines to the spectators.
RECOMMEN DAflON
Staff recommends that the City Council provide direction on introducing an ordinance to prohibit spectators at illegal speed contests.
Si 4avez
Concurred By Approved By
Page3of3
Attachment 2
ORDINANCE NO. 19-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL
CODE REGARDING SPECTATORS AT ILLEGAL
STREET RACING AND RECKLESS DRIVING
EXHIBITIONS
THE CITY COUNCIL Of THE CITY OF BEVERLY HILLS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby adds Chapter 7 (“SPECTATORS AT SPEED CONTESTS OR RECKLESS DRIVING EXHIBITIONS”) to Title 7 (“TRAfFIC, PARKING AND PUBLIC TRANSPORTATION”) of the Beverly Hills Municipal Code to read as follows:
Chapter 7. SPECTATORS AT SPEED CONTESTS OR RECKLESS DRIVING
EXHIBITIONS
7-7-1: PURPOSE.
Pursuant to California Vehicle Code Section 23109, motor vehicle speed contests and exhibitions of speed (more commonly referred to as street racing or drag racing) conducted on public streets and highways are illegal. In addition, California Vehicle Code Section 23103 prohibits reckless driving, which is delined to mean driving a vehicle upon a highway or in an off street parking facility in willful or wanton disregard for the safety of persons or property.
Reckless driving includes performing vehicle stunts (commonly referred to as sideshows), including but not limited to, driving in tight circles (referred to as doughnuts) and exiting a car one is driving and dancing around or on top of it (referred to as ghost riding). Such street racing and reckless driving threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners to enjoy the use of their property within the City. Spectators tend to gather, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding and abetting the racing process or reckless driving exhibitions (sideshows).
Illegal street racers and exhibitors of reckless driving can accelerate to high speeds and engage in reckless driving behavior without regard to property, oncoming traffic, pedestrians, or vehicles parked or moving nearby, and use their electronic devices, social media and the internet to communicate with each other and attract spectators. In most cases, illegal street races and B0785-000I\2216793v5doc
reckless driving exhibitions attract hundreds ofspectators. The mere presence ofspectators at these events fuels the illegal street racing and reckless driving exhibitions and creates an environment in which these illegal activities can flourish.
This Chapter is adopted to prohibit spectators at illegal street races and reckless driving exhibitions. The Chapter targets a very clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged. 7-7-2: DEFINITIONS.
For the purposes of this Chapter, the following definitions shall apply:
“Illegal motor vehicle speed contest” or “illegal exhibition of speed” means any speed contest or exhibition of speed referred to in California Vehicle Code Section 23109. “Preparations” for the illegal motor vehicle speed contest, illegal exhibition of speed, or reckless driving exhibition include, but are not limited to, situations in which:
1. A group of motor vehicles or individuals have arrived at a location for the purpose of participating in or being spectators at the event;
2. A group of individuals have lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the event;
3. A group of individuals have gathered on private property without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event;
4. One or more individuals have impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event;
5. Two or more vehicles have lined up with motors miming for an illegal motor vehicle speed contest or exhibition of speed;
-2-
B0785-0001\2216793v5.doc
6. One or more drivers is revving their engine or spinning their tires in preparation for the event;
7. An individual is stationed at or near one or more motor vehicles serving as a race starter. “Reckless driving exhibition” means any exhibition of reckless driving referred to in California Vehicle Code Section 23103.
“Spectator” means any individual who is present at an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. Spectator includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.
7-7-3: SPECTATORS
A. it is unlawful for any individual to be knowingly present as a spectator, either on a public street or highway, or on private property, at an illegal motor vehicle speed contest, exhibition of speed or reckless driving exhibition.
B. It is unlawful for any individual to be knowingly present as a spectator, either on a public street or highway, or on private property, where preparations are being made for an illegal motor vehicle speed contest, exhibition of speed or reckless driving exhibition.
C. An individual is present at the illegal motor vehicle speed contest, exhibition of speed or reckless driving exhibition ifthat individual is within 100 feet of the location of the event, or within 100 feet of the location where preparations are being made for the event.
Section 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion ofthis Ordinance or the application thereofto any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect.
Section 3. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to 30785-0001 \22 I 6793v5.doc
certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk’s certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 4. Effective Date, This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (3 1st) day after its passage.
Adopted:
Effective:
ATTEST:
LOURDES SY-RODRIGUEZ
Assistant City Clerk
JOHN A. MIRISCH
Mayor of the City of Beverly Hills
(SEAL)
SANDRA SPAGNOLI
Chief of Police
APPROVED AS TO FORM:
LAURENCE S. WIENER
City Attorney
APPROVED AS TO CONTENT:
MAHDI ALUZRI
City Manager
B0785-000 I22 I 6793v5doc
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