STAFF REPORT
Meeting Date: July 18, 2023
To: Honorable Mayor & City Council
From: Ryan Gohlich, AICP, Assistant City Manager
Subject: Commission Standardization Ad Hoc Committee
Recommendations
Attachments: 1. June 5, 2023 Commission Standardization Ad Hoc Committee Packet
INTRODUCTION
As part of ongoing efforts to standardize the functions and practices of the City’s various Commissions, the City Council has created a Commission Standardization Ad Hoc Committee that currently includes Vice Mayor Friedman and Councilmember Nazarian.
The Committee’s most recent meeting occurred on June 5, 2023, and covered the following topics as discussed in this report:
• Background Checks for Commissioners
• Design Review Commission Duties and Workload
• Interview and Selection Process for the Rent Stabilization Commission
DISCUSSION
This section provides an overview of the above topics, with information on the Ad Hoc Committee’s recommendations.
Background Checks for Commissioners. Presently, the City does not require any form of background check for commissioners, but does require criminal background checks for all City staff (varying levels of review are utilized depending on the employee’s position and scope of responsibilities). Given that commissioners serve as representatives of the City of Beverly Hills, the Ad Hoc Committee recommends that background checks be performed for all incoming commissioners under the following categories:
• Criminal convictions
• Bankruptcies
• Lawsuits
• Suspended or revoked professional licenses
• Disciplinary actions by professional boards/bodies (e.g. medical board, state bar, etc.)
Meeting Date: July 18, 2023
In order to expedite the recruitment process and avoid unnecessarily performing background checks on all applicants, the Ad Hoc Committee recommends requiring background checks only for commissioner finalists, plus one back-up candidate in the event that a finalist is disqualified as a result of the background check. Any adverse information identified during the background check process would be shared with the interview panel and kept confidential, but could be used to inform the final candidate recommendations.
Design Review Commission Duties and Workload. Over the past several years there has been a decline in cases brought forward to the Design Review Commission. Based on discussions with staff and applicants, this decline appears to be attributed to the majority of applicants electing to utilize the City’s streamlined Track 1 design review process, which allows homes to be approved at the staff level if the home is designed by a licensed architect and adheres to a pure architectural style. Track 1 is intended to incentivize tasteful design by minimizing the permitting process. While this has proven to be popular with applicants and achieved the City’s goal of improving the design of new single-family homes, it also appears to have reduced the Commission’s workload. In light of the Commission’s reduced workload, coupled with prior recruitment challenges and the fact that the Architectural Commission performs duties similar to the Design Review Commission, the Ad Hoc Committee recommends consolidating the Design Review Commission with the Architectural Commission.
Notably, in order to have a minimal impact on the existing review process and current commissioners, the Ad Hoc Committee recommends the following:
• Retain the existing requirements and process for Design Review, with the only change being the body that reviews Design Review applications. • Retain existing Design Review Commissioners that have not completed their terms so that terms are not cut short. This would result in a seven-member commission for a period of time, with the commission ultimately returning to a five-member commission as terms end.
Interview and Selection Process for the Rent Stabilization Commission. When recruitments are performed for the City’s various commissions, the chair and vice-chair from each commission sit on the interview panel. Given that the Rent Stabilization Commission is comprised of three categories of members (tenants, landlords, and atlarge) there are instances when a landlord member may sit on an interview panel for a tenant recruitment and vice versa. Councilmember Mirisch has asked that the Council consider restructuring the Rent Stabilization Commission interview process to have a tenant member sit on tenant interviews and a landlord member sit on landlord interviews.
The Ad Hoc Committee reviewed this request and did not form a strong opinion on restructuring the interview process; however, did conclude that if the structure were to change, interviews should simply be performed by both at-large members (thereby precluding tenant and landlord involvement) in order to achieve the most balanced interview process. Structures considered by the Ad Committee were as follows:
• Have both at-large members sit on the interview panel with the Council Liaisons • Have a tenant or landlord representative assume the interview role of the vicechair in the event that the vice-chair is not a member of the group being interviewed for
• Add a third commissioner to the interview panel from the group being interviewed for in the event that the vice-chair is not a member of that group Meeting Date: July 18, 2023
• Retain the existing chair and vice-chair format to be consistent with other commissions
FISCAL IMPACT
There is no significant fiscal impact associated with the recommendations contained in this report. The one item that could result in a limited fiscal impact is if background checks are required for commissioners. Background checks would likely need to be performed by an outside vendor, and the cost of the background checks would be dependent on the frequency of background checks performed each year and the number/types of categories checked. Any substantial costs that cannot be absorbed by existing budgets would be presented to the Council for further consideration.
RECOMMENDATION
Staff recommends that the City Council receive the Ad Hoc Committee’s recommendations and provide staff with direction on the following:
• Should background checks be required for incoming commissioners, and if so, should the categories recommended by the Ad Hoc Committee be adopted? • Should the Design Review Commission be merged with the Architectural Commission to form one consolidated commission that handles design-related matters?
• Should the interview process for the Rent Stabilization Commission be restructured to be different from the City’s standard process?
NEXT STEPS
If the Council is supportive of the Ad Hoc Committee’s recommendations staff will return with any additional actions that may be required (such as an ordinance to reflect commission consolidation within the municipal code) in order to implement the Council’s direction.
Ryan Gohlich, AICP,
Assistant City Manager
Approved By
Attachment 1
June 5, 2023 Commission
Standardization Ad Hoc Committee
Packet
Beverly Hills City Council Liaison I Commission Standardization Ad Hoc Committee will conduct a Special Meeting, at the following time and place, and will address the agenda listed below:
CITY OF BEVERLY HILLS
455 N. Rexford Drive
Municipal Gallery
Beverly Hills, CA 90210
IN-PERSON I TELEPHONIC I VIDEO CONFERENCE MEETING
Beverly Hills Liaison Committee Meeting
https:Ilbeverlyhills-orq.zoom.uslmylcommittee
Meeting ID: 516 191 2424
Passcode: 90210
You can also dial in by phone:
+1 669 900 9128 US
+1 833 548 0282 (Toll-Free)
One tap mobile:
+1 66990091 28,,51 61 91 2424# US
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Monday, June 5, 2023
4:00 PM
Please be advised that pre-entry metal detector screening requirements are now in placein City Hall. Members of the public are requested to plan visits accordingly.
In the interest of maintaining appropriate social distancing, members of the public can view this meeting through live webcast at www.beverlyhills.org/Iive and on BH Channel 10 or Channel 35 on Spectrum Cable, and can participate in the teleconference/video conference by using the link above. Written comments may be emailed to mayorandcitycoundll(dbeverlyhilIs.org and will alsobe taken during the meeting when the topic is being reviewed by the Beverly Hills City Council Liaison / Commission Standardization Ad Hoc Committee. Beverly Hills Liaison meetings will be in-person at City Hall.
AGENDA
1) Public Comment
a. Members of the public will be given the opportunity to directly address the Committee on any item listed on the agenda.
2) Background Checks for Commissioners
3) Design Review Commssion Duties and Workload
4) Interview and Selection Process for the Rent Stabilization Commission 5) Adjournment
Huma Ahmed
City Clerk
Posted: June 2, 2023
Pursuant to the Americans with Disabilities Act, the City of Beverly Hills will make reasonable efforts to accommodate persons with disabilities. If you require special assistance, please call (310) 285-1014 (voice) or (310) 285-6881 (TTY). Providing at least twenty-four (24) hours advance notice will help to ensure availability of services. City Hall, Municipal Gallery is wheelchair accessible.
2 M E M O R A N D U M
CITY OF BEVERLY HILLS
TO: Commission Standardization Ad Hoc Committee Liaisons FROM: Ryan Gohlich, Assistant City Manager
DATE: June 5, 2023
SUBJECT: Background Checks for Commissioners
As the Liaisons are aware, commissioners are appointed by the City Council. Presently, the City does not require background checks for commissioners, but does require background checks for all City staff. Given that commissioners serve as representatives of Beverly Hills and the City Council, Mayor Gold has requested that the Liaisons review whether it would be prudent to require background checks for commissioners. In the event that the Liaisons recommend requiring background checks, several categories could be considered as follows:
Criminal convictions
Bankruptcies
Lawsuits
Suspended or revoked professional licenses
Any other categories the Liaisons believe would be important to review In the event that the Liaisons recommend implementing background checks, staff recommends that the checks only be performed on commissioner finalists, thereby expediting the recruitment process and limiting the number of individuals subjected to background checks. The Liaisons may also wish to include one back-up candidate in the event that a finalist is disqualified as a result of the background check. Any recommendations from the Liaisons will be presented to the full City Council for consideration.
M E M O R A N D U M
CITY OF BEVERLY HILLS
TO: Commission Standardization Ad Hoc Committee Liaisons FROM: Ryan Gohlich, Assistant City Manager
DATE: June 5, 2023
SUBJECT: Design Review Commission Duties and Workload
As the Liaisons are aware, a prior recruitment for Design Review Commissioners proved to be quite challenging, and required the Council to extend existing terms and open a new recruitment, which is currently pending. In light of the challenges experienced during the earlier recruitment, Mayor Gold has requested that the Liaisons review the Commission’s duties and workload to determine whether there is any opportunity to streamline or consolidate the work of the Commission.
The Design Review Commission reviews the exterior design of single-family homes in the Central Area of the City, and its duties are outlined in the Municipal Code 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 proposed single-family residences in the Central Area of the city, recognizing that some minor design details will change when construction drawings are prepared and during field construction;
2. Balance the desire for efficient application processing with the desire to ensure high quality architectural and landscape designs;
3. Assist applicants in achieving their design objectives, recognize individual homeowner interests and allow for a diversity of designs, while ensuring overall compatibility to the neighborhood; and
4. Focus greater attention to overall design themes and less to ornamental design features, hardware, balcony railings, and other secondary features; C. Develop educational material that aid project applicants in achieving high quality design standards and provide guidance to applicants and homeowners; D. Recommend and amend policies as it may deem necessary to implement the purposes of this article;
E. Participate in, promote, and conduct public informational and educational programs pertaining to single-family urban design;
F. Develop a program to celebrate exemplary single-family residences; and G. Perform any other functions that may be designated by resolution or motion of the city council.
The Design Review Commission meets once per month, and over the past several years there has been a decline in cases brought forward to the Design Review Commission. Based on discussions with staff and applicants, this decline appears to be attributed to the majority of applicants electing to utilize the City’s streamlined Track 1 design review process, which allows homes to be approved at the staff level if the home is designed by a licensed architect and adheres to a pure architectural style. Track 1 is intended to incentivize tasteful design by minimizing the permitting process. While this has proven to be popular with applicants and achieved the City’s goal of improving the design of new single-family homes, it also appears to have reduced the Commission’s workload. Over the preceding 12 months, the Design Review Commission canceled two meetings due to a lack of projects, and reviewed a total of nine homes over that period.
Over the same period of time the City’s Architectural Commission, which reviews the exterior design of multi-family and commercial buildings, did not need to cancel any meetings due to a lack of projects and reviewed a total of 56 projects. Given that the Architectural Commission’s duties are very similar to those of the Design Review Commission, the Liaisons may wish to discuss opportunities for consolidating the work of the two Commissions, or any other actions the Liaisons wish to forward to the full City Council. For comparison purposes, the duties of the Architectural Commission are 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.
Staff seeks recommendations from the Liaisons, which will be forwarded to the full City Council for consideration.
M E M O R A N D U M
CITY OF BEVERLY HILLS
TO: Commission Standardization Ad Hoc Committee Liaisons FROM: Ryan Gohlich, Assistant City Manager
DATE: June 5, 2023
SUBJECT: Interview and Selection Process for the Rent Stabilization Commission
The Rent Stabilization Commission is comprised of a unique membership, which includes two tenants, two landlords, and two at-large members that are neither a tenant nor landlord. There is also one alternate provided for each member category. The two at-large members alternate annually as chairperson, and the tenant and landlord members alternate annually as vice-chair.
When commissioner recruitments are conducted the chair and vice-chair of each commission participate in the process, along with the two assigned Council Liaisons.
The current rotation of the Rent Stabilization Commission calls for the at-large chairperson and the landlord vice-chair to participate in the recruitment and interview process that is currently pending; however, the position currently being recruited for is a tenant position. Given that the position currently being recruited for is a tenant position, Councilmember Mirisch has requested that the interview process be modified to require a tenant representative whenever a tenant position is recruited for. This could be achieved by either adding a tenant representative to the recruitment process, or by excluding the landlord representative (current vice-chair) from the recruitment process. While this would be a deviation from the standard recruitment assignments given to the chair and vice-chair, it could be accomplished via Council action.
Staff seeks recommendations from the Liaisons regarding whether to modify the current recruitment procedures, and any recommendations will be presented to the full City Council for consideration.