AGENDA REPORT
Meeting Date: May 21, 2024Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING
THE BEVERLY HILLS MUNICIPAL CODE TO ESTABLISH A CITY
HOLIDAY SCHEDULE AND AMENDING THE HOLIDAY
CONSTRUCTION MORATORIUM
Attachments: 1. Ordinance
RECO MM EN DATIC N
It is recommended that the City Council move to waive the full reading and adopt the ordinance entitled: AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO ESTABLISH A CITY
HOLIDAY SCHEDULE AND AMENDING THE HOLIDAY CONSTRUCTION
MORATORIUM.”
INTRODUCTION
At its meeting of May 7, 2024, the City Council conducted a first reading of this ordinance and introduced it.
DISCUSSION
This ordinance amends the Beverly Hills Municipal Code to formally establish a list of holidays in the municipal code to specify which days City Hall will be closed to the public and adds Juneteenth (June 19th) to the list of such holidays in accordance with previously approved Memoranda of Understanding for various non-sworn employee associations. The ordinance also recognizes Juneteenth as a holiday where construction work requiring a permit is prohibited.
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Meeting Date: May 21, 2024
FISCAL IMPACT
The fiscal impacts associated with recognizing Juneteenth as a holiday were already considered as part of the approval of the non-safety MOUs and will be part of the negotiation process for safety MOUs. The ordinance itself will not generate any new fiscal impacts beyond those previously considered and approved through the negotiation process.
Laurence S. Wiener
City Attorney
Approved By
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Attachment
I
Ordinance
ORDINANCE NO. 24-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL CODETO ESTABLISH A CITY HOLIDAY SCHEDULE ANDAMENDING THE HOLIDAY CONSTRUCTION
MORATORIUM
Whereas, the City of Beverly Hills closes its offices for business on certain designated holidays; Whereas, the City of Beverly Hills has recoginzed certain holidays for its employees in its various Memoranda of Understanding (MOU’s) with employee associations; and Whereas, the City Council now desires to amend the Municipal Code to expressly designate Juneteenth as a holiday to match those recognized in the MOU’s with employee associations and to ensure all references to observed holidays in the Municpal Code are consistent.
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES ORDAIN AS FOLLOWS:
Section 1. The City Council hereby adds Section 2-5-304 entitled “Holidays” to Chapter 5 (“Civil Service, Personnel Procedures, and Employee Regulations”) of Title 2 (“Administration, Personnel, and Procedures”) of the Beverly Hills Municipal Code to read as follows:
“2-5-304: HOLIDAYS.
A. City Offices of the City of Beverly Hills shall be open to the public for business Monday through Friday of each week, or at such other times as may be designated by resolution of the City Council, except the holidays designated in Subsection B.
B. Holidays in the City of Beverly Hills are:
1. New Year’s Day (January 1st)
2. Martin Luther King, Jr. Day (3rd Monday in January)
3. Presidents’ Day (3rd Monday in February)
4. Memorial Day (Last Monday in May)
5. Juneteenth (June 19th)6. Independence Day (4th ofJuly)7. Labor Day (1St Monday in September)
8. Veterans Day (November 11th)
9. Thanksgiving Day (4th Thursday in November)
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10. The day after Thanksgiving Day
11. Christmas Day (December 25th)
C. In the event that a holiday falls on a Saturday, the preceding Friday shall be a holiday.
In the event that a holiday falls on a Sunday, the following Monday shall be aholiday.
Section 2. The City Council hereby amends Section 5-1-205 “Restrictions on Construction Activity” of Chapter 1 (“Noise Regulations”) of Title 5 (“Public Health, Welfare, and Sanitation”) to read as follows:
“5-1-205: RESTRICTIONS ON CONSTRUCTION ACTIVITY:
A. No person shall engage in construction, maintenance or repair work which requires a city permit between the hours of six o’clock (6:00) P.M. and eight o’clock (8:00) A.M. of any day, or at any time on a Sunday or a holiday set forth below unless such person has been issued an after hours construction permit issued pursuant to subsection C of this section.
In addition, no person shall engage in such work within a residential zone, or within five hundred feet (500’) of a residential zone, at any time on a Saturday unless such person hasbeen issued an after hours construction permit issued pursuant to subsection C of this section. For the purpose ofthis section, “holiday” shall mean:
1. New Year’s Day (January 1st).
2. Martin Luther King Jr. Day (3rd Monday in January).
3. Presidents’ Day (3rd Monday in February).
4. Memorial Day (Last Monday in May).
5. Juneteenth (June 1 9th).6. Independence Day (4th of July).
7. Labor Day (1st Monday in September).
8. Yom Kippur.
9. Veterans Day (November 11th).
10. Thanksgiving Day (4th Thursday in November).
II. The day after Thanksgiving Day.
12. Christmas Day (December 25th).
Nothing in this section shall restrict the performance of “emergency work” as that term is defined in section 5-1-102 of this chapter.
B. No person employed for the purposes of construction, maintenance, or repair work which requires a City permit shall enter a site on which such work will be done prior to eight o’clock (8:00) A.M. Any violation of this subsection shall be deemed to be an infraction. -2-
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C. The City building official, after consultation with appropriate City officials, may issue an after hours construction permit authorizing work and/or entrance to a work site otherwiseprohibited by this section if the City building official determines that the public interest will be served by such a permit. Situations in which the public interest may be served bythe issuance of such an after hours construction permit includes, but are not limited to, construction near school grounds, and construction that may interfere with vehicular or pedestrian traffic in heavily traveled public rights-of-way.
D. Applications for an after hours construction permit issued pursuant to subsection C of this section shall be in writing and shall set forth how the public interest will be served by issuing the permit. An after hours construction permit may be revoked or suspended by the City building official if the City building official determines that activity conducted pursuant to the permit detrimentally affects the public health, safety or welfare.” Section 3. CEQA. The City Council finds that the adoption ofthis Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to the General Rule (14 C.C.R.
Section 1506 1(b)(3)) because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because it establishes the holidays during which City offices are closed to the public for business andmakes minor revisions to the days in which permitted construction activities may occur.
Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decisionof any court of competent jurisdiction, such decision shall not affect the validity ofthe remaining portions ofthis Ordinance. The City Council hereby declares that it would have adopted thisOrdinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 5. 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, shallcertify 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 oftheCouncil of this city.
Section 6. 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 its passage. -3-
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Adopted:
Effective:
LESTER J. FRIEDMANMayor of the City of Beverly Hills,California ATTEST:
______________________(SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEYCity Attorney City Manager -4-
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