Item D-7 Agenda Report — Beverly Hills City Council, March 1, 2022

AGENDA REPORT
Meeting Date: March 1, 2022
Item Number:

To: Honorable Mayor and City Council
From: Cynthia Owens, Policy and Management Analyst
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING

BEVERLY HILLS MUNICIPAL CODE REGARDING CITY

COMMISSIONS
Attachments: 1. Proposed Ordinance

2. Comparison of Changes – Current Municipal Code to Proposed

3. Ordinance No. 20-O-2799

4. Resolution No. 20-R-13267

RECOMMENDATION
Staff recommends the City Council move to waive the full reading of the ordinance and that the ordinance entitled AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING THE BEVERLY HILLS MUNICIPAL CODE REGARDING CITY COMMISSIONS be introduced and read by title only (Attachment 1).

INTRODUCTION
This item presents an Ordinance to the City Council, which amends various sections of the Beverly Hills Municipal Code (“BHMC”) to align the powers, duties, and administrative support for each Commission with Section 107 (A) of Article 1 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. A comparison of the proposed changes to the BHMC may be found in Attachment 2.

DISCUSSION
In December 2019, a City Council Ad Hoc (then Councilmember Bosse and Councilmember Gold, MD) was formed to review the Commissioner Handbook and recommend changes to the BHMC as related to the City’s Commissions. In January 2020, the City Council reviewed the recommendations of the Ad Hoc. The Ad Hoc recommended, and the City Council supported, the standardization of the rules and procedures for all City Commissions. This occurred through the adoption of an D-7
Meeting Date: March 1, 2022

Page 2 ends

Ordinance and a Resolution (Attachments 3 and 4). Specifically, Ordinance No. 20-O2799 states: “The City Council shall adopt rules of conduct and procedure for all Commissions”.

Staff has since reviewed various sections of the BHMC related to the City’s Commissions as some Commissions have had their administrative support changed by the City Manager to better align with the restructuring of the City’s Departments as a result of COVID-19 and early retirements. This includes, but is not limited to:
1) The Health & Safety Commission receives administrative support from the Fire Department
2) The Traffic & Parking Commission receives administrative support from the Engineering, Street Services and Mobility Division of the Public Works Department.

While reviewing the changes to the administrative support for each Commission, it was noticed some Commissions still have the authority to issue their own rules due to ordinances that predate Ordinance No. 20-O-2799. The proposed Ordinance before the City Council eliminates these provisions from those Commissions that still had it listed such that the authority to adopt rules of conduct and procedures is now with the City Council.

Additionally, the Human Relations Commission had two responsibilities listed which most likely should be with the Rent Stabilization Commission. They are:
1) BHMC §2-2-1402 (H)(1) states the Human Relations Commission “…shall hear landlord-tenant disputes in order to provide a public forum where tenants and landlords can address issues and resolve differences prior to pursuing mediation, requesting a formal hearing with the city, if applicable, or filing a civil suit”.
2) BHMC §2-2-1402 (H)(2), states the Human Relations Commission “… shall educate tenants in the City regarding tenant rights”.

Staff is proposing that these two responsibilities move to the Rent Stabilization Commission.

Additionally, the application section for the Design Review Commission has been revised to remove references to specific requirements as to what is to be on the form submitted by the applicant. This change will allow staff to quickly modify the form when there are changes in state law which impact the application or there are other desired changes by the Community Development Director so that the form better conveys information to the Design Review Commission and City staff.

A more comprehensive summary of the changes to the BHMC related to the City’s Commission may be found in Attachment 2.

FISCAL IMPACT
None.

Laurence Wiener
City Attorney
Gabriella Yap
Deputy City Manager
Concurred By Approved By
Attachment 1
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ORDINANCE NO. 22-O-_______

AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING BEVERLY

HILLS MUNICIPAL CODE REGARDING CITY COMMISSIONS
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council hereby amends and restates Section 2-2-502 and adds section 2-2-503 to Article 5 (“Rent Stabilization Commission”) of Chapter 2 (“COMMISSIONS AND COMMITTEES”) to Title 2 (“ADMINISTRATION, PERSONNEL AND PROCEDURES”) of the Beverly Hills Municipal Code to read as follows:

Article 5: Rent Stabilization Commission
2-2-502: POWERS AND DUTIES OF THE COMMISSION:

Unless otherwise specified herein, the duties of the Rent Stabilization Commission shall be as follows:

A. Make recommendations to the City Council concerning amendments to title 4, chapters 5 and 6 of this Code that have not been resolved by the City Council; B. Hear landlord-tenant disputes in order to provide a public forum where tenants and landlords can address issues and resolve differences prior to pursuing mediation, requesting a formal hearing with the city, if applicable, or filing a civil suit; C. Educate tenants in the City regarding tenant rights; and D. Perform any other functions that may be designated by resolution or motion of the City Council.
2-2-503: ADMINISTRATIVE SUPPORT:

The Community Development Department, or other such staff designed by the City Manager, shall be responsible for furnishing administrative staff support to the Rent Stabilization Commission.

Section 2. The City Council hereby amends and restates Sections 2-2-702 and 2-2-703 of Article 7 (“Traffic and Parking Commission”) of Chapter 2 (“COMMISSIONS AND COMMITTEES”) to Title 2 (“ADMINISTRATION, PERSONNEL AND PROCEDURES”) of the Beverly Hills Municipal Code to read as follows:
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Article 7. Traffic and Parking Commission
2-2-702: JURISDICTION AND FUNCTIONS:

The Traffic and Parking Commission shall perform the following functions:

A. Act as an advisory body to the Council in all matters which relate to parking and traffic; B. Advise and make policy recommendations to the City Council for adoption of a comprehensive long range plan relating to transportation, traffic, and off street and on street parking in the City; C. Assist in communicating with the community concerning mobility programs; D. Perform the functions and duties relative to traffic, parking, and public transportation vehicles as designated under title 7 of this Code;
E. Perform such other duties and functions relating to mobility matters as may be designated by Council.
2-2-703: ADMINISTRATIVE SUPPORT:

The Engineering, Street Services and Mobility Division of the Public Works Department, or other such staff designed by the City Manager, shall provide administrative support to the Traffic and Parking Commission.

Section 3. The City Council hereby amends and restates Sections 2-2-803 of Article 8 (“Arts and Culture Commission”) of Chapter 2 (“COMMISSIONS AND COMMITTEES”) to Title 2 (“ADMINISTRATION, PERSONNEL AND PROCEDURES”) of the Beverly Hills Municipal Code to read as follows:

Article 8. Arts and Culture Commission
2-2-803: ADMINISTRATIVE SUPPORT:

The Community Services Department, or other such staff designated by the City Manager, shall be responsible for furnishing administrative staff support to the Arts and Culture Commission.

Section 4. The City Council hereby amends and restates paragraphs E and F of Section 2-2- 1002 and amends Section 2-2-1003 of Article 10 (“Recreation and Parks Commission”) of Chapter 2 (“COMMISSIONS AND COMMITTEES”) to Title 2 (“ADMINISTRATION, PERSONNEL AND PROCEDURES”) of the Beverly Hills Municipal Code to read as follows:
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Article 10. Recreation and Parks Commission
2-2-1002: JURISDICTION AND FUNCTIONS:

F. Perform such other duties relating to recreation and parks matters as may be referred to it by the City Council, or the Director of Community Services, or their representative. 2-2-1003: ADMINISTRATIVE SUPPORT:

The Community Services Department, or such other staff designated by the city manager, shall provide administrative support to the recreation and parks commission.

Section 5. The City Council hereby amends and restates Sections 2-2-1102 through 2-2- 1103 of Article 11 (“Public Works Commission”) of Chapter 2 (“COMMISSIONS AND COMMITTEES”) to Title 2 (“ADMINISTRATION, PERSONNEL AND PROCEDURES”) of the Beverly Hills Municipal Code to read as follows:

Article 11. Public Works Commission
2-2-1102: JURISDICTION AND FUNCTIONS:

The public works commission shall perform the following functions:

A. Act as an advisory body to the city council on matters which relate to critical city facilities, infrastructure and environmental sustainability-related programs.

B. Advise and make policy recommendations to the City Council on the planning, evaluation and delivery of environmental sustainability and critical infrastructure programs/systems. Such programs/systems may include the city's water, wastewater, storm drain, street lighting, refuse management and other infrastructure systems. Traffic engineering associated with street and signalization systems shall be within the jurisdiction of the traffic and parking commission. The public works commission also shall act in an advisory capacity concerning public outreach programs related to the above programs/systems, including, but not limited to, water efficiency, refuse recycling, and other such programs.

C. Provide recommendations on proposed utility rate structure changes.

D. Advise the city council and staff regarding capital improvement program budgetary items relating to critical infrastructure improvements.
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E. Assist in communicating with the community concerning environmental sustainability and critical infrastructure programs.

F. Perform such other duties relating to environmental sustainability and critical infrastructure as may be referred to it by the city council, the director of public works, or their representatives. 2-2-1103: ADMINISTRATIVE SUPPORT:

The public works department, or such other staff designated by the city manager, shall provide administrative support to the public works commission.

Section 6. The City Council hereby amends and restates Sections 2-2-1402 and 2-2-1405 of Article 14 (“Human Relations Commission”) of Chapter 2 (“COMMISSIONS AND COMMITTEES”) to Title 2 (“ADMINISTRATION, PERSONNEL AND PROCEDURES”) of the Beverly Hills Municipal Code to read as follows:

Article 14. Human Relations Commission
2-2-1402: MISSION STATEMENT AND RESPONSIBILITIES:

The human relations commission shall advise, recommend, assist and encourage activities and programs to be undertaken to promote positive human relations in all aspects of community life in Beverly Hills. The commission shall actively promote a just and equitable multicultural society; and will endeavor to reduce conflict and tension, as well as discrimination, prejudice and stereotyping based on race, religion, gender, sexual orientation, national origin, age, disability, or any other arbitrary factor.

The purposes and responsibilities of the commission shall include:

A. Promoting the concepts of diversity, tolerance, and acceptance in the community; B. Conducting such studies and to hear such issues in any field of human relations in the community as will aid in effectuating the commission's general purpose; C. Inquiring into incidents of tension or conflict among or between various racial, religious or nationality groups, and encouraging action by means of conciliation, conference, and/or persuasion to alleviate such tensions and conflict;
D. Conducting and/or recommending such cultural and educational programs as will increase good will throughout the community;
E. Defining, identifying and tracking existing and emerging issues that may benefit from intervention or conflict resolution;
F. Facilitating better communication and interpersonal relations within the city and between the city and members of the community and hearing and receiving oral and written communications, in an appropriate time and manner, from members of the public concerning any topic that relates to the relationships between members of the community or between the city or its staff and members of the community;
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G. Receiving citizen complaints, in an appropriate time and manner, concerning the interactions of city employees with the public. The commission shall serve as one alternative to directing complaints to the city department involved in the complaint.

1. The commission or its staff may communicate with complainants and city departments with regard to complaints received by the commission and may also arrange and facilitate communications directly between city departments and complainants;

2. The commission or its staff may inquire about the status of a complaint received by the commission and the progress of the review of a complaint; H. The commission may review and provide recommendations on awarding Community Assistance Grant Funds.
2-2-1405: ADMINISTRATIVE SUPPORT:

The director of community services, or such other staff designated by the city manager, shall provide administrative support to the Human Relations Commission. The commission may request, through the city manager or the city council, access to city personnel in addition to the director of community services. The commission, to the extent provided by law, shall have access to all of the public records of the City. The director of community services shall provide the commission with the records requested by the commission.

Section 7. The City Council hereby amends and restates Sections 2-2-1605 of Article 16 (“Health and Safety Commission”) of Chapter 2 (“COMMISSIONS AND COMMITTEES”) to Title 2 (“ADMINISTRATION, PERSONNEL AND PROCEDURES”) of the Beverly Hills Municipal Code to read as follows:

Article 16 – Health and Safety Commission
2-2-1605: ADMINISTRATIVE SUPPORT:

The Fire Department, or such other city staff designated by the city manager, shall provide administrative support to the health and safety commission.

Section 8. The City Council hereby amends and restates Section 10-1-103 of Chapter 1 (“PLANNING COMMISSION) to Title 10 (“PLANNING AND ZONING”) of the Beverly Hills Municipal Code to read as follows:

Title 10. Planning Commission
10-1-103: ADMINISTRATIVE SUPPORT:

The planning division of the Community Development Department, or such other city staff designated by the city manager, shall provide administrative support to the planning commission.

Section 9. The City Council hereby amends and restates Sections 10-3-3003 through 10-3-3005 of Article 30 (“Architectural Commission, Architectural Review, and Procedure”) of Chapter 3 (“ZONING) to Title 10 (“PLANNING AND ZONING”) of the Beverly Hills Municipal Code to read as follows:
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Article 30. Architectural Commission, Architectural Review, and Procedure 10-3-3003: DUTIES:

The duties of the architectural commission shall be as follows:

A. Exercise the authority set forth in this article and as otherwise provided in this code; B. In carrying out its duties pursuant to this code:

1. Review and authorize the overall conceptual design of a proposed structure, landscaping, and signs, recognizing that minor design details will change when construction drawings are prepared and during field construction;

2. Focus greater attention to overall design themes and less to ornamental design features, hardware, balcony railings, and other secondary features; and

3. Balance the desire for efficient application processing with the desire to ensure high quality architectural and landscape designs;
C. Develop educational material that aid project applicants in achieving high quality design standards and provide guidance to applicants;
D. Recommend and amend policies as it may deem necessary to implement the purposes of this article;
E. Participate in, promote, and conduct informational and educational programs pertaining to urban design in commercial and multi-family zones;
F. Develop a program to celebrate exemplary commercial and multi- family architecture, and landscape designs;
G. Perform any other functions that may be designated by resolution or motion of the city council.
10-3-3004: RESERVED
10-3-3005: SECRETARY:

The director of community development, or such other city staff designated by the city manager,shall serve as the official secretary to the architectural commission. The records of all proceedings and the basis for all findings shall be available to the council and to the public.

Section 10. The City Council hereby amends and restates paragraphs C, D and E of Section 10-3- 3207 and paragraph I of Section 10-3-3280 of Article 32 (“Historic Preservation”) of Chapter 3 (“ZONING) to Title 10 (“PLANNING AND ZONING”) of the Beverly Hills Municipal Code to read as follows:
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10-3-3207: CULTURAL HERITAGE COMMISSION:

C. Rules And Orders: The commission shall keep a record of its resolutions, proceedings, and transactions, and the city clerk shall be the repository for all such records.

D. Secretary Of The Commission: The community development director shall assign an employee of the community development department, other than the director, to be the secretary of the commission, and assign duties to the employee which shall be in addition to the duties regularly prescribed for that employee.

The secretary shall attend commission meetings and keep a record of the proceedings and transactions of the commission, specifying the names of the commissioners in attendance at each meeting and the ayes and noes upon all roll calls. The secretary shall, among other duties, post and publish all orders, resolutions, and notices which the commission shall order to be posted and published.

E. Scheduled Meetings: The commission shall meet at least once per quarter on regularly scheduled dates. Each meeting shall be noticed and held in accordance with the Ralph M. Brown act. The commission chairperson shall have the authority to call and notice special meetings in a manner specified in the Ralph M. Brown act.
10-3-3208: POWERS AND DUTIES OF THE COMMISSION
I. Recommend, promulgate, and amend from time to time, such rules and regulations as it may deem necessary to implement the purposes of this article, provided such rules and regulations are not in conflict with generally applicable commission rules as adopted by the City Council.

Section 11. The City Council hereby amends and restates Sections 10-3-4405, 10-3-4406, 10-3- 4408, 10-3-4410, 10-3-4414 of Article 44 (“R-1 Design Review”) of Chapter 3 (“ZONING) to Title 10 (“PLANNING AND ZONING”) of the Beverly Hills Municipal Code to read as follows:

DESIGN REVIEW COMMISSION:
10-3-4405: RESERVED
10-3-4406: SECRETARY:

The director of community development, or such other city staff designated by the city manager, shall serve as the official secretary to the design review commission. The records of all proceedings and the basis for all findings shall be available to the council and to the public. 10-3-4408: DESIGN REVIEW REQUIRED:

A. Design Review Tracks: No single-family residence located in a Central R-1 zone shall be erected, constructed, altered or remodeled unless the elevations and plans for the exterior portions and areas visible from the street have been first reviewed and approved by the director of community development (the "director") or the design review commission, as appropriate, in accordance with the provisions of this article. The R-1 design review required by this article shall fall into the following two (2) tracks:
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1. Track 1; Character Based Review: Under track 1, proposed residential development will be reviewed to determine whether it substantially adheres to a pure architectural style as outlined in a style catalogue adopted by resolution of the council. The materials and elements listed as associated with a particular style may be substituted for equivalent or like materials, equal in quality and appearance as those outlined in the style catalogue, so long as they do not detract from the architectural style to be represented. The style catalogue may be amended from time to time by resolution of the council and will be maintained by the director. Track 1 reviews will be limited to a determination of consistency with the approved style catalogue. If the required review determines that the proposed development adheres to an architecturally pure style and meets all of the applicable development standards set forth in this chapter, the development may be granted a building permit without further design review.

2. Track 2; All Other R-1 Review: All other single-family residential development that is subject to the provisions of this article and that does not meet the criteria for a track 1 review must submit to a full R-1 design review in accordance with the provisions of this article.

B. Exemption: The provisions of this article shall not apply to any single-family residence located in a Central R-1 zone described in subsection 10-3-2426B of this chapter. 10-3-4410: APPLICATION:

Applications for R-1 design review shall be in writing on a form prescribed by the director of community development.
10-3-4414: CONDUCT OF HEARINGS:

At the time and place fixed for the hearing, the Design Review Commission shall hear such relevant evidence as may be presented, either for or against the application, in accordance with such rules of procedure as adopted by the city council; provided, however, at the time and place fixed for the hearing or continued hearing, the hearing may be continued or further continued, and no further notice of such continued hearing need be given.

Section 12. Severability. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this Ordinance.

Section 13. 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 the adoption of this Ordinance, and shall cause this Ordinance and this certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

Section 14. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. -9-
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Section 15. Certification. The City Clerk shall certify to the adoption of this Ordinance.

Adopted:

Effective:

ROBERT WUNDERLICH
Mayor of the City of
Beverly Hills, California
ATTEST:
_______________________________(SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER
City Attorney

GEORGE CHAVEZ
City Manager

RYAN GOHLICH, AICP
Director of Community Development

GREGORY BARTON
Fire Chief
SHANA E. EPSTEIN
Director of Public Works

JENNY ROGERS
Director of Community Services
Attachment 2

CITY OF BEVERLY HILLS

POLICY & MANAGEMENT
Comparison of Current Beverly Hills Municipal Code to
Proposed Clean Up of the Beverly Hills Municipal Code for City Commissions
1 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code Rent Stabilization Commission
2-2-502: POWERS AND DUTIES OF THE COMMISSION:

Unless otherwise specified herein, the duties of the Rent Stabilization Commission shall be as follows:

A. Make recommendations to the City Council concerning
amendments to title 4, chapters 5 and 6 of this Code that have not been resolved by the City Council; and
B. Perform any other functions that may be designated by resolution or motion of the City Council
2-2-502: POWERS AND DUTIES OF THE COMMISSION:

Unless otherwise specified herein, the duties of the Rent Stabilization Commission shall be as follows:

A. Make recommendations to the City Council concerning
amendments to title 4, chapters 5 and 6 of this Code that have not been resolved by the City Council; and
B. Hear landlord-tenant disputes in order to provide a public forum where tenants and landlords can address issues and resolve differences prior to pursuing mediation, requesting a formal hearing with the city, if applicable, or filing a civil suit
1 ;
C. Educate tenants in the City regarding tenant rights
1 ; and
D. Perform any other functions that may be designated by resolution or motion of the City Council.
1 These two duties were transferred from the Human Relations to the Rent Stabilization Commission
None 2-2-503: ADMINISTRATIVE SUPPORT:

The Community Development Department, or other such staff designed by the City Manager, shall be responsible for furnishing administrative staff support to the Rent Stabilization Commission. 2 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code Traffic and Parking Commission
2-2-702: JURISDICTION AND FUNCTIONS:

The Traffic and Parking Commission shall perform the
following functions:

A. Act as an advisory agency to the Council in all matters which relate to parking and traffic;
B. Advise and counsel with the transportation/engineering official and the Police Chief as to ways and means to improve general traffic conditions in the City;
C. Prepare and coordinate with the Planning Commission, and recommend to the Council for adoption, a comprehensive long range plan relating to transportation, traffic, and off street and on street parking in the City;
D. Perform such other duties relating to traffic and parking matters as may be referred to it by the Council, other
commissions, and the transportation/engineering official; E. Perform the functions and duties relative to traffic, parking, and public transportation vehicles as designated under title 7 of this Code;
F. Perform such other duties and functions as may be
designated by Council.
2-2-702: JURISDICTION AND FUNCTIONS:

The Traffic and Parking Commission shall perform the following functions:

A. Act as an advisory agencybody to the Council in all matters which relate to parking and traffic;
B. Advise and make policy recommendations counsel with
thetransportation/engineering official and the Police Chief as; to ways and means to improve general traffic conditions in the City; C. Prepare and coordinate with the Planning Commission, and recommend to the Council for adoption, a comprehensive long range plan relating to transportation, traffic, and off street and on street parking for adoption of, a long range plan relating to transportation, traffic, and off street and on street parking in the City;
D. Perform such other duties relating to traffic and parking matters as may be referred to it by the Council, other commissions, and the transportation/engineering official;
CD. Assist in communicating with the community concerning mobility programs;
D. Perform the functions and duties relative to traffic, parking, and public transportation vehicles as designated under title 7 of this Code; E. F. Perform such other duties and functions relating to mobility matters as may be designated by Council.
2-2-703: ADMINISTRATIVE SUPPORT:

The Transportation Division of the Department of
Environmental Services shall provide administrative support to the Traffic and Parking Commission.
2-2-703: ADMINISTRATIVE SUPPORT:

The TransportationEngineering, Street Services and Mobility Division of the Public Works Department of Environmental Services, or other such staff designed by the City Manager, shall provide administrative support to the Traffic and Parking Commission.
3 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code Arts and Culture Commission
2-2-803: ADMINISTRATIVE SUPPORT:

The Community Services Department shall be responsible for furnishing administrative staff support to the Arts and Culture Commission.
2-2-803: ADMINISTRATIVE SUPPORT:

The Community Services Department, or other such staff
designated by the City Manager,shall be responsible for furnishing administrative staff support to the Arts and Culture Commission Recreation and Parks Commission
2-2-1002: JURISDICTION AND FUNCTIONS:

The Recreation and Parks Commission shall perform the
following functions:

A. Act as an advisory body to the City Council on matters which relate to recreation and parks programs and facilities, including, without limitation, the Greystone estate grounds and mansion.

B. Advise and make recommendations to the Director of
Recreation and Parks, or his designee, on the planning, evaluation and delivery of recreation and parks programs and facilities including:

1. Formulating general policies on use and delivery of
recreation and park services;

2. Evaluating the effectiveness of programs in relation to City Council policy objectives;

3. Assisting in communications with the community
concerning recreation and parks programs.

C. Advise the City Council and staff regarding capital
improvements and program projects for recreation and parks improvements.

D. Provide recommendations on proposed user fees for use of recreation and parks facilities and programs.
2-2-1002: JURISDICTION AND FUNCTIONS:

The Recreation and Parks Commission shall perform the following functions:

A. Act as an advisory body to the City Council on matters which relate to recreation and parks programs and facilities, including, without limitation, the Greystone estate grounds and mansion.

B. Advise and make recommendations to the Director of Recreation and Parks, or his designee, on the planning, evaluation and delivery of recreation and parks programs and facilities including:

1. Formulating general policies on use and delivery of recreation and park services;

2. Evaluating the effectiveness of programs in relation to City Council policy objectives;

3. Assisting in communications with the community concerning recreation and parks programs.

C. Advise the City Council and staff regarding capital improvements and program projects for recreation and parks improvements.

D. Provide recommendations on proposed user fees for use of recreation and parks facilities and programs.

E. After approval by the Arts and Culture Commission to purchase a piece of art, the Recreation and Parks Commission shall recommend to the City Council an appropriate location within a City park should the art work be slated for installation in a public park. The location of public art on other city owned 4 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code E. Perform such other duties relating to recreation and parks matters as may be referred to it by the City Council, or the Director of Recreation and Parks, or his representative. property or public rights of way shall not be part of the purview of the Recreation and Parks Commission.

F. Perform such other duties relating to recreation and parks matters as may be referred to it by the City Council, or the Director of Recreation and ParksCommunity Services, or histheir representative. 2-2-1003: ADMINISTRATIVE SUPPORT:

The recreation and parks department, or such other staff designated by the city manager, shall provide administrative support to the recreation and parks commission.
2-2-1003: ADMINISTRATIVE SUPPORT:

The recreation and parks departmentThe Community Services Department, or such other staff designated by the city manager, shall provide administrative support to the recreation and parks commission.

Public Works Commission
2-2-1102: JURISDICTION AND FUNCTIONS:

The public works commission shall perform the following functions:

A. Act as an advisory body to the city council on matters which relate to public works facilities, infrastructure and programs.

B. Advise and make recommendations to the director of
public services or other staff on the planning, evaluation and delivery of public works systems and programs. Such public works systems may include the city's water, wastewater, storm drain, street lighting, refuse management and other
infrastructure systems. Traffic engineering associated with street and signalization systems shall be within the jurisdiction of the traffic and parking commission. The public works commission also shall act in an advisory capacity concerning public outreach programs relating to the above systems, including, but not limited to, water conservation, refuse recycling, graffiti removal, and other such programs.

C. Provide recommendations on proposed utility rate
structure changes.
2-2-1102: JURISDICTION AND FUNCTIONS:

The public works commission shall perform the following functions:

A. Act as an advisory body to the city council on matters which relate to public workscritical city facilities, infrastructure and environmental sustainability-related programs.

B. Advise and make policy recommendations to the director of public services or other staffCity Council on the planning, evaluation and delivery of public works systemsenvironmental sustainability and critical infrastructure programs./systems. Such public works programs/systems may include the city's water, wastewater, storm drain, street lighting, refuse management and other infrastructure systems. Traffic engineering associated with street and signalization systems shall be within the jurisdiction of the traffic and parking commission. The public works commission also shall act in an advisory capacity concerning public outreach programs relatingrelated to the above programs/systems, including, but not limited to, water conservationefficiency, refuse recycling, graffiti removal, and other such programs.

C. Provide recommendations on proposed utility rate structure changes.
5 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code D. Advise the city council and staff regarding capital
improvement program budgetary items relating to public
works improvements.

E. Assist in communicating with the community concerning public works programs.

F. Perform such other duties relating to public works
matters as may be referred to it by the city council, the director of public services, or their representatives.

D. Advise the city council and staff regarding capital improvement program budgetary items relating to public workscritical infrastructure improvements.

E. Assist in communicating with the community concerning public worksenvironmental sustainability and critical infrastructure programs.

F. Perform such other duties relating to public works
mattersenvironmental sustainability and critical infrastructure as may be referred to it by the city council, the director of public servicesworks, or their representatives.
2-2-1103: ADMINISTRATIVE SUPPORT:

The public services department, or such other staff designated by the city manager, shall provide administrative support to the public works commission.
2-2-1103: ADMINISTRATIVE SUPPORT:

The public servicesworks department, or such other staff designated by the city manager, shall provide administrative support to the public works commission.

Human Relations Commission
2-2-1402: MISSION STATEMENT AND RESPONSIBILITIES:

The human relations commission shall advise, recommend, assist and encourage activities and programs to be undertaken to promote positive human relations in all aspects of
community life in Beverly Hills. The commission shall actively promote a just and equitable multicultural society; and will endeavor to reduce conflict and tension, as well as
discrimination, prejudice and stereotyping based on race, religion, gender, sexual orientation, national origin, age, disability, or any other arbitrary factor.

The purposes and responsibilities of the commission shall include:

A. Promoting the concepts of diversity, tolerance, and
acceptance in the community;
2-2-1402: MISSION STATEMENT AND RESPONSIBILITIES:

The purposes and responsibilities of the commission shall include:

A. Promoting the concepts of diversity, tolerance, and acceptance in the community;
B. Conducting such studies and to hear such issues in any field of human relations in the community as will aid in effectuating the commission's general purpose;
6 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code B. Conducting such studies and to hear such issues in any field of human relations in the community as will aid in effectuating the commission's general purpose;
C. Inquiring into incidents of tension or conflict among or between various racial, religious or nationality groups, and encouraging action by means of conciliation, conference, and/or persuasion to alleviate such tensions and conflict; D. Conducting and/or recommending such educational
programs as will increase good will throughout the
community;
E. Defining, identifying and tracking existing and emerging issues that may benefit from intervention or conflict
resolution;
F. Facilitating better communication and interpersonal
relations within the city and between the city and members of the community and hearing and receiving oral and written communications, in an appropriate time and manner, from members of the public concerning any topic that relates to the relationships between members of the community or between the city or its staff and members of the community;
G. Receiving citizen complaints, in an appropriate time and manner, concerning the interactions of city employees with the public. The commission shall serve as one alternative to directing complaints to the city department involved in the complaint.

1. The commission or its staff may communicate with
complainants and city departments with regard to complaints received by the commission and may also arrange and
facilitate communications directly between city departments and complainants;

2. The commission or its staff may inquire about the status of a complaint received by the commission and the progress of the review of a complaint;
C. Inquiring into incidents of tension or conflict among or between various racial, religious or nationality groups, and encouraging action by means of conciliation, conference, and/or persuasion to alleviate such tensions and conflict;
D. Conducting and/or recommending such cultural and
educational programs as will increase good will throughout the community;
E. Defining, identifying and tracking existing and emerging issues that may benefit from intervention or conflict resolution; F. Facilitating better communication and interpersonal relations within the city and between the city and members of the community and hearing and receiving oral and written communications, in an appropriate time and manner, from members of the public concerning any topic that relates to the relationships between members of the community or between the city or its staff and members of the community; G. Receiving citizen complaints, in an appropriate time and manner, concerning the interactions of city employees with the public. The commission shall serve as one alternative to directing complaints to the city department involved in the complaint.

2. The commission or its staff may inquire about the status of a complaint received by the commission and the progress of the review of a complaint;
H. Landlord-Tenant Issues:

1. The commission shall hear landlord-tenant disputes in order to provide a public forum where tenants and landlords can address issues and resolve differences prior to pursuing mediation, requesting a formal hearing with the city, if applicable, or filing a civil suit.2 7 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code H. Landlord-Tenant Issues:

2. The commission shall educate tenants in the City
regarding tenant rights.

2. The commission shall educate tenants in the City regarding tenant rights.2
H. The commission may review and provide recommendations on awarding Community Assistance Grant Funds.
2 These duties were transferred to the Rent Stabilization Commission 2-2-1405: ADMINISTRATIVE SUPPORT:

The City Manager shall appoint a Director of Human Relations who shall be a paid member of the City staff and shall provide administrative support to the Human Relations Commission.

The commission may request, through the City Manager or the City Council, access to City personnel in addition to the Director of Human Relations. The commission, to the extent provided by law, shall have access to all of the public records of the City. The Human Relations Director shall provide the commission with the records requested by the commission. 2-2-1405: ADMINISTRATIVE SUPPORT:

The City Manager shall appoint a Directordirector of Human Relations who shall be a paid member of the Citycommunity services, or such other staff anddesignated by the city manager, shall provide administrative support to the Human Relations Commission. The commission may request, through the City Managercity manager or the City Councilcity council, access to Citycity personnel in addition to the Directordirector of Human Relations.community services. The commission, to the extent provided by law, shall have access to all of the public records of the City. The Human Relations Directordirector of community services shall provide the commission with the records requested by the commission.

Health and Safety Commission
2-2-1605: ADMINISTRATIVE SUPPORT:

The director of the office of emergency management, or such other city staff designated by the city manager, shall provide administrative support to the health and safety commission. 2-2-1605: ADMINISTRATIVE SUPPORT:

The director of the office of emergency managementThe Fire Department, or such other city staff designated by the city manager, shall provide administrative support to the health and safety commission.

Planning Commission
10-1-103: ADMINISTRATIVE SUPPORT:

The planning division of the department of environmental services shall provide administrative support to the planning commission.
10-1-103: ADMINISTRATIVE SUPPORT:

The planning division of the department of environmental servicesCommunity Development Department, or such other city staff designated by the city manager,shall provide administrative support to the planning commission.
8 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code Architectural Commission
10-3-3003: DUTIES:

Unless otherwise specified herein, the duties of the
architectural commission shall be as follows:

A. Exercise the authority set forth in this article and as otherwise provided in this code;
B. In carrying out its duties pursuant to this code:

2. Focus greater attention to overall design themes and less to ornamental design features, hardware, balcony railings, and other secondary features; and

3. Balance the desire for efficient application processing with the desire to ensure high quality architectural and landscape designs;
C. Develop educational material that aid project applicants in achieving high quality design standards and provide
guidance to applicants;
D. Recommend and amend policies as it may deem
necessary to implement the purposes of this article;
E. Participate in, promote, and conduct informational and educational programs pertaining to urban design in
commercial and multi-family zones;
F. Develop a program to celebrate exemplary commercial
and multi- family architecture, and landscape designs;
G. Perform any other functions that may be designated by resolution or motion of the city council.
10-3-3003: DUTIES:

Unless otherwise specified herein, theThe duties of the architectural commission shall be as follows:

A. Exercise the authority set forth in this article and as otherwise provided in this code;
B. In carrying out its duties pursuant to this code:

1.Review and authorize the overall conceptual design of a proposed structure, landscaping, and signs, recognizing that minor design details will change when construction drawings are prepared and during field construction;

1. 2. Focus greater attention to overall design themes and less to ornamental design features, hardware, balcony railings, and other secondary features; and

3.Balance the desire for efficient application processing with the desire to ensure high quality architectural and landscape designs; C. Develop educational material that aid project applicants in achieving high quality design standards and provide guidance to applicants; D. Recommend and amend policies as it may deem necessary to implement the purposes of this article;
E. Participate in, promote, and conduct informational and educational programs pertaining to urban design in commercial and multi-family zones;
F. Develop a program to celebrate exemplary commercial and multifamily architecture, and landscape designs; G. Perform any other functions that may be designated by resolution or motion of the city council.
10-3-3004: RULES:

The architectural commission shall adopt rules and regulations for the conduct of its business.
10-3-3004: RULES:RESERVED
The architectural commission shall adopt rules and regulations for the conduct of its business.
9 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code 10-3-3005: SECRETARY:

The director of planning shall serve as the official secretary to the architectural commission. The records of all proceedings and the basis for all findings shall be available to the council and to the public
10-3-3005: SECRETARY:

The director of planningcommunity development, or such other city staff designated by the city manager,shall serve as the official secretary to the architectural commission. The records of all proceedings and the basis for all findings shall be available to the council and to the public.

CULTURAL HERITAGE COMMISSION
C. Rules And Orders: The city council shall appoint the first chair and vice chair of the commission. Thereafter, the commission shall elect officers and establish its own rules and regulations, which shall be consistent with the cultural heritage commission bylaws and this code. Copies of the commission's bylaws shall be kept on file in the office of the city clerk. The commission shall keep a record of its
resolutions, proceedings, and transactions, and the city clerk shall be the repository for all such records.

D. Secretary Of The Commission: The director shall assign an employee of the community development department, other than the director, to be the secretary of the commission, and assign duties to the employee which shall be in addition to the duties regularly prescribed for that employee.

E. Scheduled Meetings: The commission shall meet at least four (4) times per year. In the event the commission has more than one regular meeting per quarter, the term "regular meeting" shall mean the first such meeting in any given quarter. The commission shall establish a time and place for C. Rules And Orders: The city council shall appoint the first chair and vice chair of the commission. Thereafter, the commission shall elect officers and establish its own rules and regulations, which shall be consistent with the cultural heritage commission bylaws and this code.

Copies of the commission's bylaws shall be kept on file in the office of the city clerk. The commission shall keep a record of its resolutions, proceedings, and transactions, and the city clerk shall be the repository for all such records.

E. Scheduled Meetings: The commission shall meet at least four (4) times per year. In the event the commission has more than one regular meetingonce per quarter, the term "regular meeting" shall mean the first such meeting in any given quarter. The commission shall establish a time and place for regular meetings to be held on regularly scheduled dates.

Each meeting shall be noticed and held in accordance with the Ralph M.

Brown act. The commission chairperson shall have the authority to call 10 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code regular meetings to be held. Each meeting shall be noticed and held in accordance with the Ralph M. Brown act. The
commission chairperson shall have the authority to call and notice special meetings in a manner specified in the Ralph M.

Brown act.
and notice special meetings in a manner specified in the Ralph M. Brown act.
10-3-3208: POWERS AND DUTIES OF THE COMMISSION
I. Recommend, promulgate, and amend, from time to time, such rules and regulations as it may deem necessary to
implement the purposes of this article;
10-3-3208: POWERS AND DUTIES OF THE COMMISSION
I. Recommend, promulgate, and amend, from time to time, such rules and regulations as it may deem necessary to implement the purposes of this article;, provided such rules and regulations are not in conflict with generally applicable commission rules as adopted by the City Council.

Design Review Commission
10-3-4405: RULES:

The design review commission shall adopt rules and
regulations for the conduct of its business.
10-3-4405: RULESRESERVED
The design review commission shall adopt rules and regulations for the conduct of its business
10-3-4406: SECRETARY:

The director of planning and community development shall serve as the official secretary to the design review
commission. The records of all proceedings and the basis for all findings shall be available to the council and to the public.
10-3-4406: SECRETARY:

The director of planning and community development, or such other city staff designated by the city manager, shall serve as the official secretary to the design review commission. The records of all proceedings and the basis for all findings shall be available to the council and to the public. 10-3-4408: DESIGN REVIEW REQUIRED:

A. Design Review Tracks: No single-family residence located in a Central R-1 zone shall be erected, constructed, altered or remodeled unless the elevations and plans for the exterior portions and areas visible from the street have been first reviewed and approved by the director of planning and
community development (the "director") or the design review commission, as appropriate, in accordance with the provisions of this article. The R-1 design review required by this article shall fall into the following two (2) tracks:
10-3-4408: DESIGN REVIEW REQUIRED:

A. Design Review Tracks: No single-family residence located in a Central R-1 zone shall be erected, constructed, altered or remodeled unless the elevations and plans for the exterior portions and areas visible from the street have been first reviewed and approved by the director of planning and community development (the "director") or the design review commission, as appropriate, in accordance with the provisions of this article. The R-1 design review required by this article shall fall into the following two (2) tracks:

1. Track 1; Character Based Review: Under track 1, proposed residential development will be reviewed to determine whether it 11 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code

1. Track 1; Character Based Review: Under track 1,
proposed residential development will be reviewed to
determine whether it substantially adheres to a pure
architectural style as outlined in a style catalogue adopted by resolution of the council. The materials and elements listed as associated with a particular style may be substituted for equivalent or like materials, equal in quality and appearance as those outlined in the style catalogue, so long as they do not detract from the architectural style to be represented. The style catalogue may be amended from time to time by
resolution of the council and will be maintained by the director. Track 1 reviews will be limited to a determination of consistency with the approved style catalogue. If the required review determines that the proposed development adheres to an architecturally pure style and meets all of the applicable development standards set forth in this chapter, the
development may be granted a building permit without
further design review.

B. Exemption: The provisions of this article shall not apply to any single-family residence located in a Central R-1 zone described in subsection 10-3-2426B of this chapter.
substantially adheres to a pure architectural style as outlined in a style catalogue adopted by resolution of the council. The materials and elements listed as associated with a particular style may be substituted for equivalent or like materials, equal in quality and appearance as those outlined in the style catalogue, so long as they do not detract from the architectural style to be represented. The style catalogue may be amended from time to time by resolution of the council and will be maintained by the director. Track 1 reviews will be limited to a determination of consistency with the approved style catalogue. If the required review determines that the proposed development adheres to an architecturally pure style and meets all of the applicable development standards set forth in this chapter, the development may be granted a building permit without further design review.

B. Exemption: The provisions of this article shall not apply to any single-family residence located in a Central R-1 zone described in subsection 10-3-2426B of this chapter.
10-3-4410: APPLICATION:

Applications for R-1 design review shall be in writing on a form prescribed by the director and shall contain the following information:

A. The name, phone number and address of the applicant.

B. For applications to the director (track 1 reviews), a complete set of plans prepared by a licensed architect
10-3-4410: APPLICATION:

Applications for R-1 design review shall be in writing on a form prescribed by the director and shall contain the following information:of community development.

A. The name, phone number and address of the applicant.

B. For applications to the director (track 1 reviews), a complete set of plans prepared by a licensed architect containing such information 12 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code containing such information specified in subsection D or E of this section, as appropriate, as the director deems necessary and such additional information as may be required by the director in his or her sole discretion.

C. For hearings before the design review commission (track 2 or appeals of decisions of the director), eight (8) sets of plans containing the information specified in subsection D or E of this section, as appropriate.

D. If the review is for a remodel:

1. A site plan drawn in accordance with the provisions of section 10-3-3012 of this chapter;

2. A roof plan;

3. A floor plan;

4. Window and door sizes;

5. Elevations of all sides of the residence;

6. Plans detailing all significant architectural features;

7. A conceptual landscape plan;

8. Color and material sample boards;

9. Window examples;

10. Street elevation(s) and color rendering;

11. Photographs of surrounding development.

E. If the review is for a new residence:

1. A site plan drawn in accordance with the provisions of section 10-3-3012 of this chapter;

2. A roof plan;

3. A floor plan;

4. Window and door sizes;

5. Elevations of all sides of the residence;

6. Plans detailing all significant architectural features;

7. A conceptual landscape plan;

8. Color and material sample boards;

9. Window examples;

10. Street elevation(s) and color rendering;
specified in subsection D or E of this section, as appropriate, as the director deems necessary and such additional information as may be required by the director in his or her sole discretion.

D. If the review is for a remodel:

1. A site plan drawn in accordance with the provisions of section 10-3- 3012 of this chapter;

2. A roof plan;

3. A floor plan;

4. Window and door sizes;

5. Elevations of all sides of the residence;

6. Plans detailing all significant architectural features;

7. A conceptual landscape plan;

8. Color and material sample boards;

9. Window examples;

10. Street elevation(s) and color rendering;

11. Photographs of surrounding development.

E. If the review is for a new residence:

1. A site plan drawn in accordance with the provisions of section 10-3- 3012 of this chapter;

2. A roof plan;

3. A floor plan;

4. Window and door sizes;

5. Elevations of all sides of the residence;

6. Plans detailing all significant architectural features;

7. A conceptual landscape plan;

8. Color and material sample boards;

9. Window examples;

10. Street elevation(s) and color rendering;

11. Photographs of surrounding development.
13 Current Beverly Hills Municipal Code Proposed Changes to Beverly Hills Municipal Code

11. Photographs of surrounding development. Note: This change (removing the specific requirements as to what is to be on the form submitted by the applicant) will allow staff to quickly modify the form when there are changes in state law which impact the application or there are other desired changes by the Community Development Director so that the form better conveys information to the Design Review Commission and City staff.
10-3-4414: CONDUCT OF HEARINGS:

At the time and place fixed for the hearing, the Design Review Commission shall hear such relevant evidence as may be
presented, either for or against the application, in accordance with such rules of procedure as may be established by the Design Review Commission; provided, however, at the time and place fixed for the hearing or continued hearing, the hearing may be continued or further continued for a period of not to exceed fifteen (15) business days at any one time unless otherwise agreed to by the applicant, and no further notice of such continued hearing need be given.
10-3-4414: CONDUCT OF HEARINGS:

At the time and place fixed for the hearing, the Design Review Commission shall hear such relevant evidence as may be presented, either for or against the application, in accordance with such rules of procedure as may be establishedadopted by the Design Review Commissioncity council; provided, however, at the time and place fixed for the hearing or continued hearing, the hearing may be continued or further continued for a period of not to exceed fifteen (15) business days at any one time unless otherwise agreed to by the applicant, and no further notice of such continued hearing need be given.

Attachment 3
ORDINANCE NO. 20-0-2799

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING THE BEVERLY HILLS MUNICIPAL CODE

REGARDING COMMISSION RULES OF PROCEDURE
NOW, THEREFORE, THE CITY COUNCIL Of THE CITY Of BEVERLY HILLS DOES ORDAIN AS FOLLOWS:

Section 1. The City Council hereby amends and restates Section 2-2-107 (A) of Article 1 (“General Provisions”) of Chapter 2 (“COMMISSIONS AND COMMITTEES”) of Title 2 (“ADMINISTRATION, PERSONNEL, AND PROCEDURES”) of the Beverly Hills Municipal Code to read as follows:

A. The City Council shall adopt rules of conduct and procedure for all Commissions.

Section 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion ofthis Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective ofthe fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

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 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 ofthis city.

Section 4. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:0 1 a.m. on the thirty-first (3 1st) day after it Adopted: January 28, 2020
Effective: February 28, 2020
ATTEST

HUMA AHMED
City Clerk
.MSCH
BO7$5OOO1\237 1861 v2.doc
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER — GEOIttE’HAVEZ
City Attorney City Manager
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Attachment 4
RESOLUTION NO. 20-R- 13267

RESOLUTION OF THE COUNCIL OF THE CITY OF

BEVERLY HILLS ESTABLISHING RULES OF
PROCEDURE FOR THE CITY’S COMMISSIONS
The City Council does hereby resolve, find, determine and declare as follows:

Section 1. GENERAL. The following rules of procedure shall govern all meetings of City of Beverly Hills Commissions. These rules serve as the Rules of Conduct and Procedure referenced in the Beverly Hills Municipal Code (BHMC 2-2-107A).

Section 2. MEETINGS. Each City ofBeverly Hills Commission shall hold regular meetings at City Hall, 455 North Rexford Drive, Beverly Hills, California, and on such other days, and at such other times and places, as needed for a special meeting or adjourned formal meeting. A special meeting may be ordered by the Commission Chair or by a majority of members ofthe Commission. Each Commission shall establish the date and time of their regular meetings by adopting a resolution.

Section 3. AGENDA. All reports, resolutions, or other matters to be submitted to the Commission at a scheduled meeting shall be delivered to the Secretary ofthe Commission in the manner determined by the Secretary. City staff assigned to the Commission, in consultation with the Chairperson, shall prepare the agenda on all such matters and deliver, mail or email to each Commissioner a complete copy of such agenda. The agenda and all staff reports shall be available to the public in the office of the Secretary and/or in the Beverly Hills Public Library beginning 72 hours prior to the time of a regular meeting and 24 hours prior to the time of a special meeting; however, this requirement shall not preclude distribution of additional B0785-000 1\23 7398 1v6 .doc
information in advance of the meeting. Items may be placed on the agenda by City staff, by an affirmative vote of the City Council, or an affirmative vote of the Commission.

Section 4. RECORD OF HEARING. Any person may request a record of the hearing on any contested matter by notifying the Secretary 48 hours in advance of the meeting.

The person requesting such record shall pay the cost thereof and shall be entitled to a copy thereof At the time of the written request for a record, a deposit of $300 shall be made with the Secretary, and this amount shall be applied toward the cost of obtaining the record. When the total cost of preparation ofthe record has been ascertained, the person requesting the record shall pay the amount of the cost thereof within 48 hours after notification by the Secretary; provided further, that if the cost of the record is less than $300, any amount in excess of the actual cost shall be refunded to the person making such request. The records provided for in this section shall be furnished by a certified court reporter designated by the Secretary. Although the recordings of Commission meetings are generally available on the City’s website, any person may request an audio recording of the meeting. The person requesting such recording shall pay the cost thereof and shall be entitled to a copy thereof Section 5. CONSIDERATION AND DISPOSITION Of BUSINESS. All meetings of the Commission shall be open to the public; provided, however, in conformity with the provisions ofthe California State law, the public may be excluded from closed sessions. The business of the Commission shall be taken up for consideration and disposition at such public meetings and shall include but not be limited to the following:

I. Open Meeting

2. Pledge of Allegiance

3. Roll Call
B078 5-000 1\23 73 98 1v6.doc

4. 5.

6. 7.

8. 9.

10. Updates

11. Communications from the Commission

12. Communications from Staff
1 3. Adjournment
Section 6. DUTIES OF T1-{E PRESIDING OFFICER. Except as otherwise provided by City Council direction, the Chair and Vice Chair shall serve for one year. A rotation progression of the Chair and Vice Chair positions shall be established based upon seniority of appointment to the commission, with rotations effective at the first meeting of each calendar or fiscal year as established by each Commission. The Chairperson, or in the Chairperson’s absence, the Vice Chairperson, shall be the presiding officer. The Chairperson shall preserve strict order and decorum at all meetings of the Commission, state questions coming before the Commission, announce its decision on all subjects. and decide all questions of order. subject. however, to an appeal to the Commission as a whole. in which event a majority vote shall govern and conclusively determine such question of order. The Chairperson shall vote on all questions, and on roll call the Chairperson’s name shall be called last.

The Chairperson shall sign all resolutions that are adopted by the Commission at meetings at which the Chairperson is in attendance. The Vice Chairperson shall sign resolutions Communications from the Audience
Approval of the Agenda
Consent Calendar
Reports from Priority Agencies
Continued Business
New Business / Public Hearings / Action Items
Study Session / Project Updates / Status Reports / Staff Reports / Quarterly B0785-0001\237398 1v6doc
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in the Chairperson’s absence. In the absence of the Chairperson and the Vice Chairperson, the temporary Chairperson shall sign such resolutions as have been adopted during the formal meeting at which the temporary Chairperson presided.

Section 7. CALL TO ORDER — PRESIDING OFFICER. The Chairperson, or in the Chairperson’s absence, the Vice Chairperson. shall take the Chair at the hour appointed for the meeting, and shall call the Commission to order. In the absence of the Chairperson and the Vice Chairperson, the Secretary or his/her assistant shall call the Commission to order, whereupon a temporary Chairperson shall be elected by the Commissioners present. Upon the arrival of the Chairperson or the Vice Chairperson, the temporary Chairperson shall relinquish the Chair at the conclusion of the business item then before the Commission.

Section 8. ROLL CALL. Before proceeding with the business ofthe Commission, the Secretary, or designee. shall call the roll ofthe Commissioners and the names ofthose present shall be entered in the minutes.

Section 9. QUORUM. A majority of the Commission shall constitute a quorum. A majority of such quorum is required to take action. Less than a quorum may adjourn from time to time. When there is no quorum for a meeting, the Chairperson, Vice Chairperson, or any Commissioner shall adjourn such meeting, or if no Commissioner is present the Secretary or his/her assistant shall adjourn the meeting.

Section 10. PREPARATION OF MINUTES. The minutes of the Commission shall be kept by the Secretary and shall be recorded in a book kept for that purpose, with a record of each particular type of business transacted set off in paragraphs, with proper subheads; provided that the Secretary shall be required to make a record only of such business as was actually passed upon by a vote of the Commission, and shall not be required to record any -4-
B0785-0001\237398 I v6doc
remarks of Commissioners, or of any other person except at the special request of a Commissioner.

Section 11. READING OF MINUTES. Unless the reading of the minutes of a meeting is requested by a Commissioner, such minutes may be approved without reading if the Secretary has previously furnished each Commissioner with a copy thereof.

Section 12. RULES OF DEBATE.
(a) Presiding Officer May Debate and Vote. The Chairperson may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Commissioners, and shall not be deprived of any of the rights and privileges of a Commissioner by reason of acting as presiding officer.
(b) Getting the Floor — Improper References to be Avoided. Every Commissioner desiring to speak shall request permission from the Chair, and upon recognition by the Chair, shall confine the remarks to the question under debate. Each Commissioner shall treat each speaker and Commissioner with respect, avoiding all disparaging or derogatory personal remarks, indecorous language, and comments likely to bring disrespect to the Commission and to the City.
(c) Interruptions. A Commissioner once recognized shall not be interrupted when speaking unless he or she is called to order, or as herein otherwise provided. If a Commissioner, while speaking, is called to order, the Commissioner shall cease speaking until the question of order is determined, and if in order, the Commissioner shall be permitted to proceed. (d) Motion to Reconsider. A motion to reconsider any action taken by the Commission at a meeting may be made only at the meeting such action was taken. It may be made either immediately or at a recessed or adjourned meeting. Such motion must be made by a -5-
B0785-0001\237398 I v6,doc
Commissioner on the prevailing side, but may be seconded by any Commissioner and may be made at any time and have precedence over all other motions, or while a Commissioner has the floor. Such a motion shall be debatable.
(e) Rules of Order. Except as otherwise provided in this Chapter, ‘Robert’s Rules of Order, Newly Revised’ shall govern the conduct of the meetings of the Commission.

Section 13. ADDRESSING THE COMMISSION.
(a) Any person desiring to address the Commission during a meeting shall first secure the permission of the Chair to do so; provided, however, that any qualified and interested person shall have the right to address the Commission upon obtaining recognition by the Chair concerning any matter on the agenda.

Section 14. MANNER Of ADDRESSING COMMISSION--TIME LIMIT. (a) The Commission or Secretary shall request that each person addressing the Commission provide the Secretary with his/her name legibly written or printed. All remarks shall be addressed to the Commission as a body and not to any member thereof Each person addressing the Commission shall first be recognized by the Chair; shall speak into the microphone in front of the rail (or at the microphone provided for audience comment if the meeting is not occurring in the City Council Chambers); shall provide his/her name and affiliation if appearing in a representative capacity; shall speak and address in an audible tone of voice for the record; and shall restrict comment to the time limits imposed by the Chair. No person other than a Commissioner and the person having the floor shall be permitted to enter into any discussion without the permission of the Chairperson. -6-
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(b) Whenever a group of persons wishes to address the Commission on the same subject matter, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Commission, and in case additional matters are to be presented at the time b any other member of said group, to limit the number of persons so addressing the Commission, so as to avoid unnecessary repetition before the Commission. (c) The presiding officer may establish a maximum time limit to limit the time within which each person may address the Commission. Ifthe Commission limits time for public comment, the Commission shall provide at least twice the allotted time to a member ofthe public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the Commission: provided however that the foregoing shall not apply if the Commission utilizes simultaneous translation equipment in a manner that allows the Commission to hear the translated public testimony simultaneously.

Section 15. SILENCE CONSTITUTES VOTE WITH THE MAJORITY.

Unless a Commissioner states he or she is not voting, his or her silence shall be recorded as a vote with the majority.

Section i6. TIE VOTE. When the recorded vote ofthe Commission reflects a tie vote and the tie vote is the result ofthe absence of one or more Commissioners, the decision shall be continued to the next meeting.

Section 17. CHANGING VOTE. The vote of a Commissioner may be changed only if she or he makes a timely request to do so immediately following the announcement ofthe vote by the Secretary. or designee. and prior to the time that the next item in the order of business is taken up.
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Section 18. DECORUM.
(a) By Commissioners. While the Commission is meeting, the Commissioners must preserve order and decorum, and no Commissioner shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Commission or disturb any Commissioner while speaking or refuse to obey the orders of the Commission or the Chairperson, except as otherwise herein provided.
(b) By Other Persons. Persons addressing the Commission should limit their comments to items that are within the jurisdiction of the Commission. Persons who interrupt the Commissions proceedings may. after warning from the Chairperson or Commission, be barred from further addressing the Commission at said meeting and shall be compelled to leave the meeting room, unless permission to continue or remain is granted by a majority vote of the Commission.

Section 19. ENFORCEMENT OF DECORUM. The Chief of Police shall be ex officio Sergeant at Arms of the Commission.

Section 20. PERSONS AUTHORIZED TO BE WITHN RAIL. No person, except City officials, their representatives, Commissioners, and representatives of newsgathering agencies shall be permitted within the rail in front ofthe meeting chamber without the consent of the Chairperson. If the meeting is not conducted in the City Council Chambers, then no person shall be allowed beyond the area provided for public comment to be received.

Section 21. MEMBERS MAY REQUEST ENTRY OF PROTEST AGAINST COMMISSION ACTION IN MINUTES. Any Commissioner, at his or her request. shalt have the right to have the reasons for his or her dissent from or protest against any action of the Commission entered in the minutes.
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Section 22. VOTING. A roll call vote shall be taken upon any item before the Commission involving the adoption of a resolution and shall be entered in the minutes of the Commission showing those Commissioners voting aye, those voting no and those not voting or absent. All other matters may be voted upon by voice vote or by general consent, except that upon request of any Commissioner, a roll call vote shall be taken and recorded on any vote.

Whenever a roll call vote of the Commission is in order, the Secretary shall call the names of the Commissioners in order of reverse seniority, except that the name of the ViceChairperson shall be called second to last and the name of the Chairperson shall be called last.

Section 23. DISQUALIFICATION FOR CONFLICT Of INTEREST. Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in an open meeting. A Commissioner who is disqualified by reason of a conflict of interest in any matter that is not on the consent calendar shall not remain in his or her seat during the debate and vote on such matter and shall step down from the dais and leave the meeting room. A Commissioner stating such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

Section 24. EX PARTE COMMUNICATIONS
(a) During the pendency of any quasi-judicial proceeding, no member of the Commission may engage in cx parte communications with applicants, appellants, or members of the public with respect to the matter which is the subject of the proceeding unless that member of the Commission places on the record the subject and substance of any written or oral ex-parte communication concerning the matter and the identity ofthe person, group, or entity with whom the communication took place.
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(b) A member of the Commission may conduct site visits pertaining to a matter that is the subject of the proceeding. The site visit and any communications during the site visit with applicants, appellants, or members ofthe public with respect to the matter shall be disclosed in accordance with Section (a) of this Rule.
(c) Disclosures required by Section (a) and (b) of this Rule shall be made before public testimony on the matter has commenced so that persons will be given a reasonable opportunity to respond to the ex parte communication or site visit. (U) All written communications on a matter before the Commission. including e mails, should be sent to the Secretary of the Commission. Prior to the date of the hearing, the Secretary shall forward all Commissioners all written communications that the Secretary received no later than 72 hours preceding the Commission meeting. Late written communications will be placed on the dais prior to the commencement of the matter. However, the submittal of late written communications is highly discouraged. All written communications will be made part of the public record and will be available for public review prior to the commencement of the hearing, unless received during the course of the hearing.

Section 25. QUASI-JUDICIAL HEARINGS. The order for quasi-judicial hearings before applicable City Commissions is as follows:

I. Chair opens public hearing

2. Commissioners report any ex-parte communications

3. Staff presentation

4. Testimony from members of the public who wish to leave

5. Applicant team (including Applicant’s hired Legislative Advocate) -10-
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6. Testimony from members of the public who stayed to listen to the Applicant’s presentation.

7. Legislative Advocates (pro and con)

8. Applicant rebuttal or response
9, Public rebuttal or response

10. Chair asks applicant if it would like to rebut or respond to any new issues or evidence brought up by the public. If applicant does not wish to speak further on any new issues or evidence, then proceed to #12 (Commissioner questions).

11. If applicant speaks again, Chair asks the public ifthey would like to Rebut’.

12. Commissioner Questions

13. Hearing is closed

14. Commissioner Comments and Deliberations

15. Motions
‘After the public speaks, Chair should repeat steps 10 and 11 until applicant or the public indicates that they have had an opportunity to speak on all issues or evidence raised at the hearing. This process of rebuttal will repeat itself until one party or another has nothing to rebut.

Section 26. REPRESENTING THE COMMISSION. If a member of the commission who corresponds with the news media makes a presentation at a business or community meeting, or testifies before a reviewing authority within the City or at an outside governmental agency, and identifies himself or herself as a member of the Commission, the commissioner must also state that he or she is not speaking on behalf of the Commission in any —11—
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official capacity and is not representing the views or opinions of the City or the Commission, unless that member is providing such testimony as an official representative of the City as authorized by the Commission or City Council.

Section 27. INTERPRETATION AND MODIFICATION OF THESE RULES.

These rules shall be interpreted liberally in order to provide for the optimum in the free interchange ofinformation and public debate without an unnecessary waste oftime or duplication of effort. These rules may be amended by resolution of the City Council.

Section 28. The City Clerk shall certify to the adoption ofthis resolution and shall cause this resolution and her certification to be entered into the Book of Resolutions of the Council of this City.

Section 29. This resolution shall become effective and in full force and effect at 12:01 a.rn. on February 29, 2020.

Adopted: January 9, 2020
City of Beverly Hills,
ATTEST:

HUMA AHMED
City Clerk
APPROVED AS TO FORM:

LAURENCE S. WIENER
City Attorney
APPROVED AS TO CONTENT:

City Manager
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Beverly Hills City CouncilMarch 1, 2022

Beverly Hills City Council
March 1, 2022