Cities Index.
Item D-5 Agenda Report

Beverly Hills City Council
April 26, 2022

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Item D-5 Agenda Report
Meeting
April 26, 2022
Body
Beverly Hills City Council
Original file
2.9 MB
Text extracted from the city's file for reading and search. Open the original on beverlyhills.granicus.com. That file is the official record.

AGENDA REPORT
Meeting Date: April 26, 2022
Item Number:

To: Honorable Mayor and City Council
From: Cynthia Owens, Policy and Management Analyst
Attachments: 1. Letter to Metro Board on Sheriff Villanueva’s Proposal

2. Los Angeles Times Article - April 14, 2022

3. Sheriff Villanueva Letter to Metro Board

4. Memorandum of Agreement – Page 53 and Exhibit U only

RECOMMENDATION
Staff recommends the City Council ratify the letter sent by City Manager George Chavez at the direction of Mayor Lili Bosse to oppose Los Angeles County Sheriff Alex Villanueva’s proposal to the Los Angeles County Metropolitan Transportation Authority demanding he be given full control over security for Metro’s transit system and be the sole enforcement agency authority for the system.

INTRODUCTION
On April 14, 2022, the Los Angeles Times published an article where Los Angeles County Sheriff Alex Villanueva demanded he be granted full control over security for Los Angeles County Metropolitan Transportation Authority’s (Metro) transit system and be the sole law enforcement authority for this system. (Attachment 1).

On April 18, 2022, the Mayor directed City Manager George Chavez to send a letter to Metro to oppose Sheriff Villanueva’s proposal. This item requests the City Council ratify the letter that was sent (Attachment 1).

DISCUSSION
Currently, the Long Beach Police Department, Los Angeles Police Department, and the Los Angeles County Sheriff’s Department provide law enforcement services to the Metro Subject: RATIFICATION OF A LETTER SENT BY CITY MANAGER GEORGE

CHAVEZ TO THE LOS ANGELES COUNTY METROPOLITAN

TRANSPORTATION AUTHORITY REGARDING SECURITY FOR THE

WILSHIRE/LA CIENEGA AND WILSHIRE/RODEO STATIONS
D-5
Meeting Date: April 26, 2022
transit system. On April 14, 2022, Councilmember Wunderlich reached out to Mayor Bosse in response Sheriff Villanueva’s ultimatum he issued to Metro stating the Los Angeles County Sheriff’s Department would stop patrolling the portions they now patrol of Metro’s transit system if Metro does not give his law enforcement agency full control over the entire system. This ultimatum was published by the Los Angeles Times.

Councilmember Wunderlich suggested sending a letter to the Metro Board urging them to not accept Sheriff Villanueva’s ultimatum.

Mayor Bosse then reached out to the City Manager and City Attorney on this issue due to the negotiated Memorandum of Agreement on the Purple Line Extension between the City and Metro. Per the Memorandum of Agreement (“MOA”) for Contract C1120 of the Purple Line Extension Project – Section 2 between the City of Beverly Hills and the Los Angeles County Metropolitan Transportation Authority, law enforcement services for Metro facilities located within Beverly Hills, specifically the Wilshire/La Cienega and Wilshire/Rodeo stations, must meet a specific standard of staffing (Attachment 3, page 53 of the MOA). This staffing is outlined in Exhibit U (Attachment 3) as 24 hours a day, 7 days a week coverage with two police officers and one police sergeant per shift which shall be supplemented by Metro Security Officers at both stations with two Security Officers per shift.

Additionally, the MOA states that Metro will contract with the Beverly Hills Police Department for staffing the stations located in Beverly Hills if Metro uses more than one law enforcement agency to provide law enforcement on the Metro system. However, should Metro use a single law enforcement agency to provide law enforcement on a system-wide basis then Metro may use that agency to provide services at the standards as outlined in Exhibit U.

Per Sheriff Villanueva’s letter dated April 13, 2022 (Attachment 2), the Sheriff is threatening to remove the Los Angeles County Department peace officers from patrolling Metro’s transit system unless Metro’s Board gives him full control over security. This proposal is extremely concerning as the Sheriff could arbitrarily decide to provide less staff to the Metro stations in Beverly Hills than what is required by the MOA. This would not only be a violation of the MOA, but it also would threaten the public safety of those using the two Metro stations to visit or work in Beverly Hills.

After performing research on this matter, and given the urgent nature of communicating the City’s opposition to Sheriff’s Villanueva’s proposal prior to Metro’s Board meeting on April 28, 2022, Mayor Bosse directed City Manager Chavez to send a letter on April 18, 2022. This letter was sent on April 20, 2022 to Inglewood Mayor James T. Butts who represents small cities and jurisdictions on the Metro Board. Copies were provided to each Metro Board member.

Staff is requesting the City Council ratify the action taken by the City Manager at the direction of the Mayor.

FISCAL IMPACT
Staff estimates there is little to no fiscal impact associated with this item.

Nancy Hunt Coffey,
Assistant City Manager
Approved By
Attachment 1
George Chav:z
April 20, 2022Mayor James T. ButtsCity Hall
1 Manchester Boulevard
Inglewood, CA 90301
email: [email protected]
Re: Security for the Los Angeles County Metropolitan Transportation Authority’s Transit SystemDear Mayor Butts,On behalf of the City of Beverly Hills, I write to inform you of our OPPOSITION to Los Angeles CountySheriff Alex Villaneuva’s proposal to have the Los Angeles County Metropolitan Transportation Authority Metro (“Metro”) Board give him full control over security for Metro’s transit system. Our Cityplaces the highest priority on the safety of our visitors, residents, and businesses. Our City believes hisproposal would undermine the public safety for people using both the Wilshire/La Cienega and Wilshire/Rodeo purple line stations when they open for service. Additionally, Los Angeles Police Department Chief Michael Moore has stated Sheriff Villanueva’s proposal is not good for Metro’s transit system.Our City Council is dedicated to ensuring our visitors, residents, and businesses are safe and secure. Overthe last few years, our City Council has invested funding in implementing closed circuit television to helpsolve crimes. Additionally, since 2020, our City Council has authorized millions of dollars annually to augment our City’s Police Department personnel with armed security patrols in our business district as well as our residential areas.

Most recently, on April 12, 2022, our City Council authorized funding and personnel for the establishment of a Real Time Crime Watch Center in order to continue our dedication to maintaining a safe community. The City Council also authorized the use of an Unmanned Aerial System Drone Program (UAS) to provide information to responding police officers on any crime in progress.

The proposal outlined in the Los Angeles Times on April 14, 2022, by Sheriff Villanueva threatens to undermine the public safety of not only Metro, but of our City. Per our Memorandum of Agreement for City ofBeverly Hills 455 N. Rexford Drive Beverly Hills, California 90210 t(310)285-1013f(310)275-8159 BeverlyHills.org Contract C1120 of the Purple Line Extension Project — Section 2 between the City of Beverly Hills and the Los Angeles County Metropolitan Transportation Authority (“MOA”), law enforcement services for Metro facilities located within Beverly Hills, specifically the Wilshire/La Cienega and Wilshire/Rodeostations, must meet a specific standard of staffing (page 53 of the MOA). This staffing is outlined in Exhibit U as 24 hours a day, 7 days a week coverage with two police officers and one police sergeant pershift which shall be supplemented by Metro Security Officers at both stations with two Security Officersper shift.

In the Los Angeles Times article, Sheriff Villanueva is threatening to remove the Los Angeles County Department peace officers from patrolling Metro’s transit system unless Metro’s Board gives him full control over security. This proposal is extremely concerning to our City as the Sheriff could arbitrarilydecide to provide less staff to the Metro stations in Beverly Hills than what is required by the MOA. This would not only be a violation of the MOA, but it also would threaten the public safety of those using the two Metro stations to visit or work in Beverly Hills.

For these reasons, the City of Beverly Hills is OPPOSED to Sheriff Villanueva’s proposal, which requests that the Metro Board authorizes the Los Angeles County Sheriffs Department as the sole law enforcement agency for the entirety of Metro’s transit system. We are also OPPOSED to providing authorization to Sheriff Villanueva, which would give him full control over the security of the transit system.

Sincerely,
George Chavez, City Manager
City of Beverly Hills
cc: Metro Board Members
Beverly Hills City Council
Attachment 2
4/18/22, 4:41 PM Villanueva threatens to pull deputies from Metro security - Los Angeles Times https://www.latimes.com/california/story/2022-04-14/sheriff-villanueva-deputies-mta 1/8

CALIFORNIA
Villanueva threatens to quit Metro security if not given full control A Los Angeles County sheriff’s deputy at Union Station in 2016. (Al Seib / Los Angeles Times)

BY ALENE TCHEKMEDYIAN, RICHARD WINTON
APRIL 14, 2022 5 AM PT

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By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy. Close 4/18/22, 4:41 PM Villanueva threatens to pull deputies from Metro security - Los Angeles Times https://www.latimes.com/california/story/2022-04-14/sheriff-villanueva-deputies-mta 2/8 Los Angeles County Sheriff Alex Villanueva on Wednesday threatened his department would quit patrolling Metro’s transit system unless the agency’s board gives the him full control over security on the sprawling network of trains and buses.

Villanueva made the demand as the current contract — under which the Sheriff’s Department splits law enforcement responsibilities with the Los Angeles and Long Beach police departments — is set to expire this summer. The LAPD patrols a majority of the transit system, 325 sheriff’s deputies are responsible for about a third of it, and Long Beach police handle a tiny fraction.
“So effective July 1, we will redeploy, absent a position from the board that they’re going to accept our entire contract,” Villanueva said, adding there are vacancies across the department where he could reassign the deputies. “I have three jobs waiting for every single person assigned to the MTA right now.” Villanueva and other sheriff’s officials said the Sheriff’s Department will submit to Metro a proposal for about 600 deputies to patrol the transit system for $30 million less annually than what they currently pay for the same level of staffing. The Metro board paid about $800 million for the current 5-year contract.

How Villanueva would be able to do that without badly depleting other areas of his department is unclear. The sheriff has blamed a hiring freeze imposed by the Board of Supervisors for leaving him with almost 1,000 vacancies across his department.

In a statement, L.A. County Supervisor Hilda L. Solis, who is also chair of the Metro board and an outspoken critic of Villanueva’s, said dividing patrol responsibilities among three police agencies was intended “to improve law enforcement response.”
“The Sheriff’s declaration of pulling out his deputies if the Department isn’t awarded the full contract with Metro should alarm everyone,” she said. “He would essentially be defunding his own department if not awarded a sole contract.”

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By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy. Close 4/18/22, 4:41 PM Villanueva threatens to pull deputies from Metro security - Los Angeles Times https://www.latimes.com/california/story/2022-04-14/sheriff-villanueva-deputies-mta 3/8 The Metro board recently authorized extending the three-agency contract for up to a year to allow time to develop a new process for selecting an agency or agencies to handle security. It’s unclear whether the Sheriff’s Department could refuse to participate in an extension.

Villanueva said he did not consult LAPD Chief Michel Moore before his news conference. Moore told The Times that the current shared-responsibility system “has improved safety.” “All of us in law enforcement have a shared responsibility for the public safety and mass transit, and we can and should work collaboratively together,” he said.

Moore defended the work of his officers in protecting transit following the sheriff’s statements. “The men and women of the LAPD monitor trains, platforms and buses diligently each and every day around the clock,” he said.

In making his announcement, Villanueva singled out several violent incidents that have occurred at transit stations since September 2020, when two deputies were shot in an ambush while sitting in a patrol car near the Compton transit station.

Violent crime on the system climbed 36% last year, with aggravated assaults, rapes and homicides rising for the second year in a row, according to Metro data.
“To say this [is an] unsafe environment is obviously an understatement,” Villanueva said.

The Metro board has been discussing for years alternatives to law enforcement on the transit system, including considering unarmed ambassadors to work at stations and handle nonviolent calls. The board also recently voted to require all deputies and officers assigned to the transit system to be vaccinated — a jab at Villanueva who has refused to enforce the county’s employee vaccine mandate.

Villanueva criticized the ambassador proposal and other reform-minded initiatives. “We’re not going to bid for the role of being overpaid security,” Villanueva said. “We’re actually going to enforce the code of conduct, fare evasion and the rule of law.”
For more than a decade until 2017, the Sheriff’s Department had been solely responsible for patrolling Metro’s vast web of bus routes and train lines that includes subway stations in downtown L.A. and solitary bus stops near San Gabriel Valley strip malls.

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By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy. Close 4/18/22, 4:41 PM Villanueva threatens to pull deputies from Metro security - Los Angeles Times https://www.latimes.com/california/story/2022-04-14/sheriff-villanueva-deputies-mta 4/8 When the Metro board opted to bring in the Los Angeles and Long Beach police departments, the Sheriff’s Department faced criticism from transit officials and from riders who complained that they rarely saw uniformed deputies on trains and buses. Villanueva claimed Wednesday without offering evidence that the change was a politically motivated move meant to benefit Los Angeles Mayor Eric Garcetti, who was running for reelection at the time.

Villanueva has made threats before about cutting services. In 2020, he announced plans to close two patrol stations to help shrink his department’s budget deficit. Amid criticism, he quickly walked back his remarks, and the closures never happened.

CALIFORNIA
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Alene Tchekmedyian
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Alene Tchekmedyian covers the Los Angeles County Sheriff’s Department. She previously wrote about the county’s criminal courts and breaking news throughout California. Before joining The Times in 2016, she reported on crime and policing for the Glendale News-Press and Burbank Leader. She grew up in Huntington Beach and graduated from UCLA.

Richard Winton
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Richard Winton is an investigative crime writer for the Los Angeles Times and part of the team that won the Pulitzer Prize for public service in 2011. Known as @lacrimes on Twitter, during almost 30 years at The Times he also has been part of the breaking news staff that won Pulitzers in 1998, 2004 and 2016.

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By continuing to use our site, you agree to our Terms of Service and Privacy Policy. You can learn more about how we use cookies by reviewing our Privacy Policy. Close Attachment 3

Attachment 4
beyond a Party’s reasonable control (despite the good faith efforts ofsuch Party), including without limitation, all ofthe following: acts of God; civil commotion; riots; strikes; picketing or other labor disputes; shortages of materials or supplies; damage to work in progress by reason of fire, floods, earthquake, or other casualties; failure, delay or inability of the other Party to act; and litigation brought by a third party attacking the validity of this Agreement.

In recognition of the City’s interest in neighborhood identity, the LACMTA agrees that it will not name a rail/subway station in the City without the City Council’s Consent. The requirements of this paragraph shall survive the termination of this Agreement.

The City will participate in partnering sessions between the LACMTA and the Contractor relating to City Facilities and other partnering sessions when appropriate.

All preconstruction surveys required by this Agreement shall be provided to the respective property owners within thirty (30) Days of completion.

The Project’s tunnel alignment does not travel underneath any detached single family structures in the City.

Law enforcement at the Project facilities located within the City, including the Wilshire/La Cienega and Wilshire/Rodeo Stations, will meet or exceed the policing standards set forth in Exhibit U. If the LACMTA contracts with one or more law enforcement agencies to provide law enforcement within the agencies’ respective jurisdictions, then the LACMTA will contract with the Beverly Hills Police Department to provide law enforcement services. Ifthe LACMTA utilizes a single law enforcement agency, whether proprietary or through a third party agency, to provide law enforcement on a system-wide basis, then the LACMTA may utilize that agency to provide law enforcement services that meet or exceed the policing standards set forth in Exhibit U. Either party may, at any time, request a meeting to review the policing standards set forth in Exhibit U and the law enforcement services being provided at the Project facilities. Within thirty (30) Days after receipt ofthe request by the non-requesting party, the parties shall meet in a good faith attempt to resolve these issues. The requirements of this paragraph shall survive the termination of this Agreement.

ARTICLE XXX
Real Property Transactions
The LACMTA has acquired property interests in several parcels within the City for use as staging areas and station portals for Sections 1 and 2 ofthe Purple Line Extension Project within the City ofBeverly Hills. The LACMTA intends to convey certain interests in these properties to the City, and the City intends to convey temporary construction easements over, under and across some of these properties to the LACMTA. In order to facilitate this mutual intent, and subject to final approval from the federal Transit Administration, the Parties acknowledge and agree as follows:

1. Sale of Real Property Located Within the City. The LACMTA has acquired fee title to 9393 Wilshire Boulevard (parcel number W-3001-l), between Canon and N. Crescent Drives; and fee title in 9385 Wilshire Blvd. (parcel number W - 3001) which is adjacent to 9393 Wilshire Boulevard. The LACMTA wishes to convey fee title to 9393 Wilshire Boulevard and air -53-
8078 5-00222 145096v62.doc
Exhibit U
Policing Standards
-188-
B0785-0022\2 145096v62.doc
METRO Staffing and Resources
Safety and Security
• 24/7 coverage with two shifts (12 hours each).
• Two Police Officers and One Police Sergeant per shift. The law enforcement agency will be responsible for ALL crime reports on and/or near the two METRO stations. The reports must be integrated into Metro’s monthly reporting to the Board of Directors. The law enforcement agency must enforce Metro’s Code of Conduct as approved by the Board of Directors and, ifstaffed by the City of Beverly Hills, such Code of Conduct must be accepted by the City of Beverly Hills.
• The law enforcement agency shall have at its disposal and deployment discretion, two T$A trained bomb detection dogs or substantially similarly trained dogs, subject to availability.
• Upgraded paddle-style gates at each entry points of both stations to be staffed and supported by METRO fare enforcement staff during peak ridership and travel periods.

Metro shall determine the deployment of fare enforcement staff which shall not be less than one per portal.
• The law enforcement agency will be supported by METRO Security Officers at BOTH of the stations (two Security Officers per shift and 24/7). They shall be in an observe and support role.
• The City of Beverly Hills shall provide Ambassadors for Homeless Outreach Services.

The BH Ambassadors shall coordinate with Metro’s C3 Outreach Teams. • Lead law enforcement staff must attend a weekly executive meeting at Metro HQ along with other Metro-contracted law enforcement agencies and Metro Security. Metro’s Chief of System Security and Law Enforcement is responsible for establishing transit security and policing deployments and priorities. Each Metro-contracted law enforcement agency will implement Metro’s priorities but retain command and control over their own personnel.

Communications and Technology
• FULL communications interoperability between METRO and the law enforcement agency (with emphasis on POLICE and FIRE)
• The law enforcement agency has full access to CCTV feeds at both METRO stations located in the city. The law enforcement agency will have its own feed at both stations and will be able to view feeds from METRO via mobile devices AND fixed stations • Digital 360 cameras shall be installed in key places so that the law enforcement agency can focus on areas and persons in real-time as needed.

Crime Prevention through Environmental Design (CPTED)
• Additional lighting and any additional cameras shall be installed as needed at METRO’s expense. Metro will conduct the CPTED assessment and determine what is necessary. • Appropriate speaker placement on trains, stations and platforms for METRO staff to be able to overtly communicate with their ridership and any problem persons -189-
B0785-0022’2 145096v62.doc
• The trains, stations and platforms shall be professionally cleaned at least once per day (each station) and in response to any trash, spills, or accidents.

Training and Grant Opportunities
• METRO shall provide training, at their expense, to ALL involved law enforcement officers in the areas of: METRO safety, policing transit stations and terrorism. If Metro contracts with the City to provide law enforcement services, then Metro will pay for the City’s officers to complete a four (4) hour Safety Course AND a four (4) hour online Transit Policing/Terrorism Course.

METRO shall advise on TSA grant opportunities to partner with the law enforcement agency for equipment purchases and training opportunities
-190-
B0785-0022\2145096v62.doc

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