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ORDINANCE NO. 19-O-2788
AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING SECTION 2-2-501 OF ARTICLE 5 OF CHAPTER 2 OF TITLE 2 OF THE BEVERLY HILLS MUNICIPAL CODE REGARDING THE QUALIFICATIONS OF AT LARGE MEMBERS OF THE RENT STABILIZATION COMMISSION
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council hereby amends Section 2-2-501 of Article 5 of Chapter 2 of Title 2 of the Beverly Hills Municipal Code to read as follows:
ARTICLE 5. RENT STABILIZATION COMMISSION
2-2-501. ESTABLISHMENT OF COMMISSION.
There is hereby established the Rent Stabilization Commission.
A. Appointment and Qualifications. The Commission shall be composed of six (6) members and three (3) alternates appointed by the City Council, all of whom shall be residents of the City. Applicants for membership on the Commission shall submit an application to the City. The application shall include a statement under penalty of perjury of the applicant's interests and dealings in multi-family residential real property including, but not limited to, ownership, trusteeship, sale, or management, including investment in or in association with partnerships, corporations, companies, joint ventures, and syndicates engaged in the ownership, rental, sale, or management of multi-family residential real property during the three years immediately prior to the date of submission of the applicant's application to the City. This documentation shall be made available to the public.
B. Composition. The Commission shall be comprised of two landlords, as defined in Chapters 5 and 6 of Title 4 of this code, who own one or more residential rental properties within the City; two tenants, and two members who are not tenants, managers of an apartment building, and each of whom does not directly control or have a financial interest of 5% or more in a multi-family residential rental property (apartment building) either within or outside of the City (“at large member”). One of the three alternates shall be a landlord, as defined in Chapters 5 and 6 of Title 4 of this code, who owns one or more residential rental properties in the City; one alternate shall be a tenant, and one alternate shall not be a tenant, manager of an apartment building, and does not directly control or have a financial interest of 5% or more in a multi-family residential rental property (apartment building) either within or outside of the City (“at large alternate”). The landlord alternate shall serve in place of the landlord members of the Commission; the tenant alternate shall serve in place of the tenant members, and the at large alternate shall serve in place of the at large members. Members of the Commission shall have the duties and functions set forth in this Article and in Chapters 5 and 6 of Title 4 of this code with respect to rent stabilization.
C. Term of Office. Commission Members shall serve terms of four years. Commission member terms shall be staggered. Therefore, one landlord member, one tenantmember, and one at large member of the initially appointed commissioners and the landlord alternate, the tenant alternate and the at large alternate shall be appointed for an initial term of four years. The other three Commissioners shall be appointed for an initial term of two years. Each Commissioner and alternate shall thereafter have the opportunity for reappointment to an additional four-year term. An appointment to fill a vacancy on the Commission shall be for the period of the unexpired term.
D. Secretary of the Commission. The Deputy Director of Rent Stabilization shall act as the Secretary of the Commission. 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. Quorum and Actions of the Commission. Notwithstanding section 2-2-107 of Article 1 of Chapter 2 of Title 2 of this code, to constitute a quorum of the Commission, the following six commissioners must be present: two commissioners who are the landlord members or the landlord alternate; two who are tenant members or the tenant alternate, and two who are the at large members or the at large alternate. The powers conferred upon the Commission shall be exercised by resolution or motion adopted by a majority vote of the members of the Commission and recorded in the minutes with the ayes and noes. If one or more alternates are present at a meeting but are not serving in the place of an absent commissioner, the alternate(s) may participate in the Commission’s discussions about policy issues but shall not be entitled to cast a vote.
Section 2. CEQA. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3), which is the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. It can be seen with certainty that the amendments to the Beverly Hills Municipal Code to refine the criteria for the at-large members of the Rent Stabilization Commission will not cause a significant effect on the environment. In addition, the amendments to Article 5 of Chapter 2 of Title 2 of the Beverly Hills Municipal Code are not a project that is subject to the provisions of CEQA, pursuant to CEQA Guidelines section 15378(b)(2) and (b)(5).
Section 3. 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 4. 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 of this city.
Section 5. 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.
Section 6. Certification. The City Clerk shall certify to the adoption of this Ordinance.
Adopted: October 22, 2019
Effective: November 22, 2019
JOHN A. MIRISCH
Mayor of the City of Beverly Hills, California
APPROVED AS TO FORM: APPROVED AS TO CONTENT
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager