E-1
CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL REGULAR MEETING AND PARKING AUTHORITY MEETING March 15, 2022
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 in person or 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/Parking Authority 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 Councli/Parking Authority may act on any Item listed on the agenda.
The City Council/Parking Authority meeting was called to order by Mayor Wunderlich at 7:13 p.m.
PLEDGE OF ALLEGIANCE by Mayor Wunderlich
A. ROLL CALLS
Present: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich
Absent: None
B. PRESENTATION
1. RECOGNITION - A celebration of Nowruz (Persian New Year) that marks the first day of Spring.
Mayor Wunderlich, along with the entire City Council, presented a proclamation to Nooshin Meshkaty, Sharona Nazarian, and Nellie Emrani proclaiming March 20, 2022 as Nowruz Day in Beverly Hills. A video showing Ms. Meshkaty and Ms. Nazarian explaining the items on the Nowruz table was shown. The Nowruz table will be available at the City Hall first floor for the public to view from now until March 18, 2022.
Mayor Wunderlich announced that in support for the American Red Cross and its humanitarian efforts in Ukraine and its bordering countries. City Hall's fagade will be lit City Council/Parking Authority Meeting Minutes
March 15. 2022
up in red during Red Cross month. March 23,2022 is Red Cross' "Giving Day" in which local communities come together to help those in need.
Mayor Wunderlich also announced that to show the City's support for Ukraine, banners with the Ukrainian flag colors will be displayed on the bridge over Rexford Drive to the east of City Hall.
2. 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 COMMUNICAT!ONS
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.
None
2. AUDIENCE COMMENTS. Any person wishing to address the City Council/Parking Authority on any matter may do so through email or in-person. 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 or provide an in-person speaker card to 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 Comment Read into the Record:
1. Ori Kalmus re: Street Cleaning Parking Tickets on Spalding Drive
3. REPORT FROM THE CITY ATTORNEY ON CLOSED SESSION ITEMS City Attorney Laurence Wiener reported on sanctions in Beverly Hills related to the Russian invasion of Ukraine.
City Clerk Huma Ahmed reported on the term limit ballot measure scheduled on the June 7, 2022 General Municipal Election. She shared deadlines for submitting Arguments in Favor or Against the ballot measure.
4. REPORT FROM THE CITY MANAGER
None
City Council/Parking Authority Meeting Minutes
March 15, 2022
5. CITY COUNCILMEMBER AND COMMITTEE REPORTS
None
D. JOINT PARKING AUTHORITY AND CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Councilmember Friedman, seconded by Vice Mayor Bosse, to approve the item on the joint Parking Authority and City Council consent calendar Minutes
None
Other Business
APPROVAL OF:
1. AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS. THE CITY OF BEVERLY
HILLS COMMUNITY CHARITABLE FOUNDATION, THE PARKING AUTHORITY OF
THE CITY OF BEVERLY HILLS AND CROWE LLP FOR PROFESSIONAL AUDIT SERVICES: AND
AUTHORIZE THE CITY MANAGER/EXECUTIVE DIRECTOR TO APPROVE THE PURCHASE ORDERS FOR THE TERM OF THE AGREEMENT.
Comment: The Audit Committee of Mayor Wunderlich and Councilmember Gold, City Treasurer Fisher, and staff recommend that the City Council approve an agreement between the City of Beverly Hills, the City of Beverly Hills Community Charitable Foundation, the Parking Authority of the City of Beverly Hills and Crowe LLP, for professional audit services, in the amount of $478,000 and authorize the City Manager/Executive Director to approve the purchase orders for the term of the agreement.
ITEM D-1: APPROVED, AG# PA'22'153; AG# 190-22
Vote on the Joint Parking Authority and City Council Consent Calendar:
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
City Council/Parking Authority Meeting Minutes
March 15. 2022
£. PARKING AUTHORITY CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Counciimember Friedman, seconded by Vice Mayor Bosse, to approve all items on the Parking Authority consent calendar
Minutes
1. CONSIDERATION OF THE MINUTES of the Parking Authority Meeting of September
14. 2021.
ITEM E'1: APPROVED
2. CONSIDERATION OF THE MINUTES of the Parking Authority Meeting of October 12. 2021.
ITEM E-2: APPROVED
3. CONSIDERATION OF THE MINUTES of the Parking Authority Meeting of November
16. 2021.
ITEM E-3: APPROVED
4. CONSIDERATION OF THE MINUTES of the Parking Authority Meeting of December
21. 2021.
ITEM E-4: APPROVED
Other Business
None
Vote on the Parking Authority Consent Calendar:
Ayes: Counciimember Friedman. Counciimember Gold. Counciimember Mirisch, Vice Mayor Bosse. and Mayor Wunderlich.
Noes: None.
CARRIED
F. CITY COUNCIL CONSENT CALENDAR
FISCAL IMPACT REPORT
MOVED by Counciimember Gold, seconded by Counciimember Mirisch, to remove Item F-13 for discussion and separate vote, approve the remaining items on the City Gouncii/Parking Authority Meeting Minutes
March 15, 2022
City Council consent calendar, and direct that the appropriate accounts be charged on Items F-3 and F-4
Minutes
1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of January 4, 2022.
ITEM F-1: APPROVED
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Regular Meeting of January 18, 2022.
ITEM F-2: APPROVED
Demands Paid
3. REVIEW OF BUDGETED DEMANDS PAID, covering dates February 23 - March 7, 2022.
ITEM F-3: APPROVED
4. PAYROLL DISBURSEMENT REPORT, covering dates February 23 - March 7, 2022.
ITEM F-4: APPROVED
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
None
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
5. IN SUPPORT OF THE NATIONAL LEAGUE OF CITIES SAFETY FIRST CHALLENGE.
Comment: Traffic and Parking Commission Recommendation for the City Council to adopt a resolution joining the National League of Cities "Safety First Challenge" and support a Safe System approach to eliminate serious injury or fatal crashes.
ITEM F-5: ADOPTED; RES# 22-R-13394
6. APPROVING THE FINAL MAP FOR VESTING TENTATIVE TRACT MAP NO. 73399 (250 NORTH CRESCENT DRIVE). AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH BH PREMIER INVESTMENTS, LP.
Comment: This report is a request for City Council adoption of the findings that Tract Map No. 73399 located at 250 N. Crescent Drive is consistent with the previously City Council/Parking Authority Meeting Minutes
March 15, 2022
approved tentative tract map and that the tentative map conditions have been met except as provided in the Subdivision Improvement Agreement.
ITEM F-6: ADOPTED; RES# 22'R-13395; AG# 191-22
APPROVAL OF:
7. THE BEVERLY HILLS CITY COUNCIL LEGISLATIVE / LOBBY COMMITTEE
RECOMMENDATIONS TO SUPPORT, SUPPORT IF AMENDED, SUPPORT SEEK AMENDMENTS, AND/OR OPPOSE VARIOUS STATE LEGISLATIVE BILLS.
Comment: This item seeks City Council approval of the Beverly Hills City Council Legislative / Lobby Committee recommendations for positions of support, support if amended, and/or oppose various state legislative bills not addressed in the City's adopted 2022 Legislative Platform.
ITEM F-7: APPROVED
8. REPRESENTATION FOR THE CITY OF BEVERLY HILLS AT THE SOUTHERN
CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL CONFERENCE & GENERAL ASSEMBLY ON MAY 5-6, 2022.
Comment: This item is to designate Councilmember John Mirisch as the City's voting delegate to the Southern California Association of Governments Regional Conference & General Assembly as well as designating Mayor Robert Wunderlich as the alternate.
ITEM F-8: APPROVED
9. REQUEST FOR THE CITY COUNCIL TO CONSIDER A FREE-USE DAY FOR THE INSTALLATION OF MAYOR LIU BOSSE AND VICE MAYOR JULIAN A. GOLD, M.D.
ON APRIL 5, 2022 AT THE WALLIS ANNENBERG CENTER FOR THE PERFORMING ARTS.
Comment: This item is a request for the City Council to consider an approval for a freeuse day of the Wallis Annenberg Center for the Performing Arts to host the Installation of Mayor Lili Bosse and Vice Mayor Julian A. Gold, M.D. on April 5, 2022.
Written Public Comment Read into the Record:
1. Darian Bojeaux
ITEM F-9: APPROVED
10. REQUEST FROM HAWTHORNE ELEMENTARY SCHOOL FOR APPROVAL OF SPECIAL EVENT STREET CLOSURES & WAIVER OF FEES FOR "FUN RUN" FUNDRAISER ON MARCH 23, 2022.
Comment: Hawthorne Elementary School has requested a temporary street closure of N. Rexford Drive and Elevado Avenue directly adjacent to the school for a "Fun Run" special event from 10:00am - 12:00pm on Wednesday, March 23, 2022.
City Council/Parking Authority Meeting Minutes
March 15, 2022
ITEM F'10: APPROVED
11. AUTHORIZE THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO AGREEMENT NO. 4975 - 1998 BEVERLY HILLS DESALTER PROJECT JOINT
PARTICIPATION AGREEMENT FOR RECOVERY AND UTILIZATION OF
DEGRADED GROUNDWATER WITH THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA.
Comment: Staff recommends approval of authorization of the City Manager to execute an amendment to the City's Water Treatment Plant (WTP) original Desalter Project agreement under Metropolitan Water District's (MWD) Local Resources Program. The agreement amendment extends the financial credit incentive that the City would receive from MWD for every acre-foot of local groundwater produced to offset the use of imported water. The agreement is being extended due to the WTP having been offline to address changes in water quality.
ITEM F-11: APPROVED
12. AMENDMENT NO. 1 TO THE AGREEMENT WITH BILLY SMITH DBA BEVWOOD FUN CAMP ENTERPRISE LLC. FOR YOUTH BASKETBALL AND VOLLEYBALL
SKILLS INSTRUCTION THROUGH THE CITY'S COMMUNITY SERVICES DEPARTMENT: AND
APPROVAL OF A PURCHASE ORDER FOR A NOT-TO-EXCEED AMOUNT OF $120,000 FOR FISCAL YEAR 2021-22 FOR THE SERVICES DESCRIBED ABOVE; AND,
AUTHORIZE THE CITY MANAGER TO APPROVE PURCHASE ORDERS THROUGH THE TERM OF THE AGREEMENT.
Comment: Staff seeks City Council approval of an amendment to an agreement and approval of a Purchase Order to the vendor to provide youth basketball and volleyball classes at City and Beverly Hills Unified School District sites in the amount not-toexceed $120,000 per fiscal year for a total agreement amount not-to-exceed $360,000.
ITEM F'12 APPROVED, AG# 192-22
13. AMENDMENT NO. 2 TO THE AGREEMENT WITH SUNBOX INC. FOR INSTALLATION. SERVICING. AND STOCKING OF VENDING MACHINES AT CERTAIN CITY FACILITIES.
Comment: This amendment extends the termination date of the agreement with Sunbox, Inc. for installation, servicing and stocking of vending machines at certain city facilities.
Director of Finance Jeff Muir responded to Councilmember Gold's questions regarding the vending machines.
City Council/Parking Authority Meeting Minutes
March 15, 2022
MOVED by Councilmember Gold, seconded by Vice Mayor Bosse, to approve Item F13 as follows:
AMENDMENT NO. 2 TO THE AGREEMENT WITH SUNBOX INC. FOR
INSTALLATION, SERVICING, AND STOCKING OF VENDING
MACHINES AT CERTAIN CITY FACILITIES
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
ITEM F'13: APPROVED, AG# 193-22
14. AMENDMENT NO. 3 TO THE AGREEMENT WITH GOT GAME SPORTS LLC FOR
YOUTH SPORTS CLASSES THROUGH THE CITY'S COMMUNITY SERVICES DEPARTMENT: AND
APPROVAL OF A PURCHASE ORDER FOR A NOT-TO-EXCEED AMOUNT OF $116,000 FOR FISCAL YEAR 2021-22 FOR THE SERVICES DESCRIBED ABOVE; AND
AUTHORIZE THE CITY MANAGER TO APPROVE PURCHASE ORDERS FOR THE TERM OF THE AGREEMENT.
Comment: Staff seeks City Council approval of an amendment to an agreement and approval of Purchase Order for vendor to provide youth sports classes instruction at City and Beverly Hills Unified School District sites in the amount not-to-exceed $116,000 per fiscal year for a total agreement amount not-to-exceed $348,000 for the term of the agreement.
ITEM F-14: APPROVED, AG# 194-22
15. AN APPROPRIATION OF $210,000 FROM SEIZED AND FORFEITED PROPERTYTREASURY FUND (FUND 323) TO ENHANCE POLICE DEPARTMENT OPERATIONS.
Comment: Staff recommends approval of an appropriation from Fund 323 fund balance.
Funds appropriated will be used for purchases that will enhance Police Department operations.
ITEM F-15: APPROVED
16. AN EMPLOYMENT AGREEMENT WITH WOLFGANG KNABE TO SERVE AS THE INTERIM DEPUTY FIRE CHIEF.
City Council/Parking Authority Meeting Minutes
March 15. 2022
Comment: Staff recommends that the City Council approve the employment agreement between the City of Beverly Hills and Wolfgang Knabe to serve as the Interim Deputy Fire Chief until a permanent Deputy Fire Chief is selected.
ITEM F-16: APPROVED, AG# 195-22
Vote on the City Council Consent Calendar:
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
G. CITY COUNCIL PUBLIC HEARING
TO SET:
None
TO CONSIDER:
This being the time and place set, a public hearing was held to consider:
1. CONSIDERATION OF A CONTINUANCE REQUEST RELATED TO THE APPEAL HEARING SCHEDULED FOR APRIL 12, 2022 TO CONSIDER 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. On October 26, 2021, the City Councii set the appeal hearing for the first meeting in April 2022. However, the property owner has submitted a request to continue the appeal hearing for an additional six month period in order to provide additional time to explore alternative design options.
City Planner Timothea Tway provided background information on the item and the staff recommendation to reschedule the appeal hearing for the first Council meeting in October 2022.
City Council/Parking Authority Meeting Minutes
March 15, 2022
There were no members of the public who wished to comment. The Appellant did not have any remarks, rebuttal testimony, or comments. Mayor Wunderlich closed the public portion of the hearing.
Ms. Tway and Principal Planner responded to Council questions and comments.
There were no further questions or comments from Councilmembers. !TEM G'1: BY ORDER OF THE CHAIR, ABSENT OBJECTION, APPEAL HEARING CONTINUED TO THE FIRST CITY COUNCIL MEETING OF OCTOBER, 2022,
PURSUANT TO THE APPELLANT'S REQUEST FOR A CONTINUANCE
This being the time and place set, a public hearing was held to consider:
2. 2021 DRAFT GENERAL PLAN AND HOUSING ELEMENT ANNUAL REPORT.
Comment: Review of the Annual Report prior to its submittal to the state Department of Housing and Community Development on April 1st.
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 General Plan annual report and the staff recommendation.
There were no members of the public who wished to comment. Mayor Wunderlich closed the public hearing.
Ms. Tway and Assistant City Attorney David Snow responded to Council questions and comments.
MOVED by Vice Mayor Bosse, seconded by Councilmember Gold, to direct staff to forward the General Plan and Housing Element Annual Report to the State Office of Planning and Research, and the Department of Housing and Community Development; and having reviewed the inventory of City and Parking Authority properties, find that the only property considered surplus or in excess of foreseeable needs is the property at 617-621 N. Robertson Boulevard
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
City Council/Parking Authority Meeting Minutes
March 15. 2022
ITEM G'2: DIRECTED STAFF TO FORWARD THE GENERAL PLAN AND HOUSING
ELEMENT ANNUAL REPORT TO THE STATE OFFICE OF PLANNING AND
RESEARCH AND THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT; AND HAVING REVIEWED THE INVENTORY OF CITY AND
PARKING AUTHORITY PROPERTIES, FIND THAT THE ONLY PROPERTY
CONSIDERED SURPLUS OR IN EXCESS OF FORESEEABLE NEEDS IS THE PROPERTY AT 617-621 N. ROBERTSON BOULEVARD
H. CITY COUNCIL CONTINUED AND NEW BUSINESS
1. POSSIBLE AMENDMENTS TO THE URGENCY ORDINANCE NO. 20-O-2818 REGARDING THE EVICTION AND RENT INCREASE MORATORIUMS. THE
MAXIMUM ALLOWABLE RENT INCREASES AT THE END OF THE RENT
INCREASE MORATORIUM, AND THE END OF THE REPAYMENT PERIOD FOR COVID-19 RELATED BACK RENT; AND ESTABLISH A MEANS TESTED RENT
INCREASE ASSISTANCE PROGRAM
REQUEST CITY COUNCIL TO AUTHORIZE USE OF FUNDS PREVIOUSLY
APPROPRIATED TO THE RENT SUBSIDY PROGRAM TO THE RENT INCREASE ASSISTANCE PROGRAM.
Comment: Staff will provide a report on amendments to the urgency ordinance regarding the eviction and rent increase moratoriums including the allowable phased in rent increases for missed rent increases at the end of the eviction moratorium.
Deputy Director of Rent Stabilization Helen Moral provided information on the item and requested Council consideration and direction on several questions regarding the residential eviction moratoriums, rent increase moratorium, maximum allowable rent increases, repayment period, and a rental assistance program.
Telephone Public Comment:
1. Mark Elliot
Written Public Comment:
1. Beverly Hills Tenant and Local Realtor
Ms. Morales and Director of Community Development Director Ryan Gohlich responded to Council questions and comments.
City Council requested that staff bring back more information at the April 12, 2022 meeting. City Attorney Laurence Wiener stated that the ordinance will also be brought to the April 12, 2022 for first reading.
ITEM H-1: COUNCIL DIRECTED STAFF TO BRING BACK MORE INFORMATION AT THE NEXT MEETING ON APRIL 12, 2022
2. REQUEST BY COUNCILMEMBER MIRISCH TO DISCUSS WHETHER TO ORDER
REVIEW OF THE ISSUANCE AND APPROVAL OF A CERTIFICATE OF City Council/Parking Authority Meeting Minutes
March 15, 2022
INELIGIBILITY FOR THE EXISTING POTENTIAL HISTORIC RESIDENCE LOCATED AT 1001 NORTH ROXBURY DRIVE.
Comment: Councilmember Mirisch has requested this item be placed on the agenda to determine if there is Council support to call the subject Determination up for review.
Director of Community Development Ryan Gohlich provided background information on the property, discussed the landmark designation criteria, and requested Council's direction on whether to have a call up for the first meeting in June.
In-Person Public Comment:
1. Jill Collins
2. George Mihisten
Telephone Public Comment:
1. Thomas Blumenthal
2. David Gingold
City Council provided their questions and comments. Cultural Heritage Commissioner Craig Corman provided his comments.
Murray Fischer spoke on behalf of the owner of the property.
ITEM H-2: BY ORDER OF THE CHAIR, ABSENT OBJECTION, MATTER CONTINUED TO THE NEXT MEETING ON APRIL 12, 2022
COMMISSION SYNOPSIS
1. ARCHITECTURAL COMMISSION - Regular Meeting of February 16, 2022 PLANNING COMMISSION - Regular Meeting of February 24, 2022 PLANNING COMMISSION - Special Meeting of February 24, 2022 HEALTH AND SAFETY COMMISSION - Regular Meeting of February 28, 2022 ITEM 1-1: NO ACTION TAKEN
J. OTHER BUSINESS
None
K. ADJOURNMENT
The next City Council meeting is scheduled for April 5, 2022 (City Council Reorganization).
There being no further business, Mayor/Chair Wunderlich, with the consent of the City Council/Parking Authority, adjourned the meeting at 11:07 p.m.
City Council/Parking Authority Meeting Minutes
March 15, 2022
PASSED, Approved and Adopted
this 24»^ day of May, 2022
LIU BOSSE, MAYOR/CHAIR
HUMA AHMED, City Clerk/Secretary
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTV10 Spectrum Cable.