CITY OF BEVERLY HILLS
Council Chamber
455 North Rexford Drive
Beverly Hills, CA 90210
MINUTES
CITY COUNCIL REGULAR MEETING
March 1, 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 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 Regular Meeting was called to order by Mayor Wunderlich at 7:20 p.m.
Mayor Wunderlich announced that there will be a special item added to tonight’s agenda regarding the Russian invasion of Ukraine. He added that the Ukrainian flag colors are being illuminated on the City Hall building as a symbol of solidarity with Ukraine.
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
B. PRESENTATION
Mayor Wunderlich held a moment of silence in remembrance of two Beverly Hills residents who recently passed away: Jeff Hyland and Paul Selwyn. City Council offered their condolences to Mr. Hyland and Mr. Selwyn’s families.
SPECIAL AGENDA ITEM RE: UKRAINE
City Attorney Laurence Wiener explained how the special item could be added to the agenda.
D-3
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MOVED by Vice Mayor Bosse, seconded by Councilmember Mirisch, to add the special item to the agenda
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRI ED
SPECIAL ITEM: APPROVED ADDING SPECIAL ITEM TO THE AGENDA Mr. Wiener presented the draft resolution condemning the Russian invasion of Ukraine for City Council adoption.
Video and Telephone Public Comments:
1. City Treasurer Howard Fisher confirmed that the City’s portfolio does not include any Russian investments.
2. Basil Starr
3. David Gingold
4. Jill Schary
City Council provided their comments and revisions to the resolution.
MOVED by Vice Mayor Bosse, seconded by Councilmember Mirisch, to adopt the special item resolution
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
SPECIAL ITEM: ADOPTED, RES# 22-R-13391
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 Ionge[
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. David Gingold re: Public Safety
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March 1, 2022
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.
1. Susan Eisenberg re: Public Safety
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 Councilmember Friedman, seconded by Councilmember Gold, to remove Items D-7 and D-1 1 for discussion and separate action, approve the remaining items on the City Council consent calendar, and direct that the appropriate accounts be charged on Items D-5 and D-6
Minutes
1. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session Meeting of January 4, 2022.
ITEM D-1: APPROVED
2. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session Meeting of January 18, 2022.
ITEM D-2: APPROVED
3. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Adjourned Study Session Meeting of February 8, 2022.
ITEM D-3: APPROVED
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4. CONSIDERATION BY THE CITY COUNCIL OF THE MINUTES of the Study Session Meeting of February 15, 2022.
ITEM D-4: APPROVED
Demands Paid
5. REVIEW OF BUDGETED DEMANDS PAID, covering dates February 9 — 22, 2022.
ITEM D-5: APPROVED
6. PAYROLL DISBURSEMENT REPORT, covering dates February 9 — 22, 2022.
ITEM D-6: APPROVED
Other Business
ORDINANCE OF THE CITY OF BEVERLY HILLS:
7. AMENDING BEVERLY HILLS MUNICIPAL CODE REGARDING CITY COMMISSIONS. First Reading - For Introduction.
Comment: This item presents an Ordinance to the City Council, which amends various sections of the Beverly Hills Municipal Code to align the powers, duties, and administrative support for each Commission with Section 107 (A) of Article I of Chapter 2 of Title 2 of the City of Beverly Hills Municipal Code, Resolution 20-R-13267 Establishing Rules of Procedure for the City’s Commissions, and current practice.
Policy and Management Analyst Cynthia Owens provided a brief report on the item.
Telephone Public Comment:
1. David Gingold
2. Steve Mayer
3. Mark Elliot
4. Kory KIem
Written Public Comment Read into the Record:
1. Sharon lgnarro, Traffic and Parking Commission Chair ITEM D-7: BY ORDER OF THE CHAIR, ABSENT OBJECTION, ITEM TABLED FOR
CONSIDERATION ATA FUTURE MEETING
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS:
8. 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-8: ADOPTED, RES# 22-R-13392
9. GRANTING A TOBACCO HARDSHIP EXEMPTION FROM JANUARY 1, 2021 TO DECEMBER 31, 2022 FOR 9460 WEST OLYMPIC BOULEVARD AND
OVERTURNING THE ADMINISTRATIVE HEARING OFFICER’S DECISION, WHICH GRANTED AN 84-MONTH TOBACCO HARDSHIP EXEMPTION TO 9460 WEST OLYMPIC BOULEVARD.
Comment: On January 18, 2022, the City Council conducted a public hearing to review the Administrative Hearing Officer’s decision granting an 84-month tobacco hardship exemption to 9460 West Olympic Boulevard. The City Council reviewed the information submitted by the appellant and determined a 24-month tobacco hardship exemption was appropriate. City Council then directed staff to return with a resolution for the 24- month exemption.
Video Public Comment:
1. Morris Pouldar
ITEM D-9: ADOPTED, RES# 22-R-13393
APPROVAL OF:
10. 2022 LEGISLATIVE PLATFORM.
Comment: Staff recommends the City Council adopt the 2022 Legislative Platform.
ITEM D-1O: APPROVED
11. TERMINATION OF CONTRACT WITH MINAKO AMERICA CORPORATION, DBA MINCO CONSTRUCTION, FOR THE ON-CALL PAVEMENT REPAIRS PROJECT.
Comment: Staff recommends City Council move to terminate the award of a contract to Minako America Corporation DBA Minco Construction for on-call pavement repair services due to Minako America Corporation’s disbarment by the State of California and inability to maintain registration with the Department of Industrial Relations.
Assistant Director of Public Works/City Engineer Daren Grilley addressed Councilmember Gold’s questions on the item.
MOVED by Councilmember Gold, seconded by Councilmember Friedman, to approve Item D-1 1 as follows:
TERMINATION OF CONTRACT WITH MINAKO AMERICA
CORPORATION, DBA MINCO CONSTRUCTION, FOR THE ON-CALL
PAVEMENT REPAIRS PROJECT
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March 1, 2022
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Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRI ED
ITEM D-11: APPROVED
12. A CHANGE PURCHASE ORDER TO VITAL MEDICAL SERVICES, LLC IN THE AMOUNT OF $205,491.00 FOR A TOTAL NOT TO EXCEED AMOUNT OF $305,491.00.
Comment: Staff seeks City Council approval of a Fiscal Year 2021/2022 change purchase order in the amount of $205,491.00 for a total not to exceed amount of $305,491.00 for Vital Medical Services, LLC to provide medical services in the City’s jail, medical oversight and Narcan administration.
ITEM D-12: APPROVED
13. AN APPROPRIATION IN THE AMOUNT OF $898,082.26 FROM THE SOLID WASTE ENTERPRISE FUND RESERVES; AND
APPROVAL OF A CHANGE PURCHASE ORDER TO ARAKELIAN ENTERPRISES INC. (REFERRED TO AS ATHENS SERVICES) FOR SOLID WASTE SERVICES IN THE AMOUNT OF $1,367,117 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $8,391,606.
Comment: Staff recommends that City Council move to approve an appropriation in the amount of $898,082.26 from the Solid Waste Enterprise Fund and approve a change purchase order to Arakelian Enterprises, Inc. (referred to as Athens Services) for solid waste services in the amount of $1,367,117 for a total not to exceed amount $8,391,606.
ITEM D-13: APPROVED
Vote on the City Council Consent Calendar:
Ayes: Councilmember Friedman, Councilmember Gold, Councilmember Mirisch, Vice Mayor Bosse, and Mayor Wunderlich.
Noes: None.
CARRIED
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E. CITY COUNCIL PUBLIC HEARING
TO SET:
None
TO CONSIDER:
None
F. CITY COUNCIL CONTINUED AND NEW BUSINESS
1. REQUEST FROM VICE MAYOR BOSSE TO DISCUSS THE INTERSECTION AT BEVERLY/CAIcJON/LOMITAS AND REQUEST FROM MAYOR WUNDERLICH TO DISCUSS TRAFFIC SAFETY IN GENERAL.
Comment: Vice Mayor Bosse is requesting information regarding the safety and traffic patterns at the N. Beverly Dr., N. Cañon Dr., and Lomitas Ave. intersection and Mayor Wunderlich is requesting to review traffic safety in general.
Police Chief Mark Stainbrook addressed the recent robberies that occurred in the City, and provided information on the current item. Vice Mayor Bosse spoke about the reasons why she requested that the item be placed on the agenda. Director of Public Works Shana Epstein and Assistant Director of Public Works/City Engineer Daren Grilley provided information about the intersection and plans to bring options for Council discussion at the June 2022 City Council Study Session.
Written Public Comment Read into the Record:
1. Todd Johnson, President & CEO — Chamber of Commerce
Telephone Public Comments:
1. Mark Elliot
2. David Gingold
City Council provided their questions and comments.
ITEM F-I: COUNCIL PROWDED QUESTIONS AND COMMENTS
2. REQUEST BY MAYOR WUNDERLICH AND VICE MAYOR BOSSE TO DISCUSS THE MOST RECENT LOS ANGELES COUNTY HEALTH ORDER.
Comment: Mayor Wunderlich and Vice Mayor Bosse request that the City Council consider the most recent Los Angeles County Health Order that went into effect on February 25, 2022.
Emergency Management Manager Meena Janmohamed provided an update on the most recent Los Angeles County Health Order. She discussed the COVID-19 cases, the February 25th Health Officer order, masking requirements, the updated CDC City Council Meeting Minutes
March 1, 2022
guidelines, the Los Angeles County Board of Supervisors update, and items for City Council consideration.
Written Comment Read into the Record:
1. Wiseman Dawoody
Vice Mayor Bosse and Mayor Wunderlich discussed the reasons why they asked that the item be placed on the agenda.
City Council provided their comments and direction to staff. Council agreed to do a hybrid in-person/Zoom meeting beginning with the City Council March 1 5 meeting and thereafter for Commission meetings.
ITEM F-2: COUNCIL PROWDED COMMENTS AND DIRECTION TO STAFF G. COMMISSION SYNOPSIS
1. HUMAN RELATIONS COMMISSION -Regular Meeting of January 20, 2022 RENT STABILIZATION COMMISSION -Regular Meeting of February 2, 2022 TRAFFIC AND PARKING COMMISSION -Regular Meeting of February 3, 2022 ARTS AND CULTURE COMMISSION -Regular Meeting of February 8, 2022 PUBLIC WORKS COMMISSION -Regular Meeting of February 10, 2022 PLANNING COMMISSION -Regular Meeting of February 10, 2022 PLANNING COMMISSION - Special Meeting of February 10, 2022 ITEM G-1: NO ACTION TAKEN
H. OTHER BUSINESS
None
ADJOURNMENT
The next City Council meeting is scheduled for March 15, 2022.
There being no further business, Mayor Wunderlich, with the consent of the City Council, adjourned the meeting at 11:02 p.m. in memory of three Beverly hills residents who recently passed away: Soraya Melamed, Judith Ann Friedman, and Francess Shioss. City Council extended their condolences to Ms. Melamed, Ms. Friedman, and Ms. Shloss’ families.
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March 1, 2022
PASSED, Approved and Adopted
this 12th day of April, 2022
HUMA AHMED, City Clerk
LILI BOSSE, MAYOR
This meeting was broadcast on live television, on City of Beverly Hills municipal government television access Channel BHTVIO Spectrum Cable.