Beverly Hills Municipal Code Ch. 1 Council

A. Formal Meetings: The council shall hold formal meetings in the council chamber of the city hall on the first and third Tuesday of each month at seven o'clock (7:00) P.M. and on such other days, at such other times, and at such other places as may be designated in an order for a special meeting. When the day for any formal meeting of the council falls on a legal holiday, the meeting shall not be held on such holiday but shall be held at the same hour on the next succeeding Tuesday thereafter.

B. Study Sessions: The council shall hold study sessions in the council chamber of the city hall, 455 North Rexford Drive, Beverly Hills, California, on the first and third Tuesday of each month at two thirty o'clock (2:30) P.M. and on such other days, at such other times, and at such other places as may be designated in an order for a special meeting. When the day for any study session of the council falls on a legal holiday, the meeting shall not be held on such holiday but shall be held at the same hour on the next succeeding Tuesday thereafter. The study session shall be a regular meeting of the city council for all purposes. (Ord. 08-O-2544, eff. 3-7-2008)

All reports, ordinances, resolutions, contract documents, and other matters to be submitted to the council at a scheduled formal meeting shall be delivered to the city clerk not later than ten o'clock (10:00) A.M. on the Friday preceding the day of the council meeting. The city clerk shall prepare the agenda of all such matters according to the order of business and cause a complete copy of such agenda, with related material, to be delivered to each council member, the city manager and the city attorney on the Friday preceding the day of the meeting. The agenda shall be available for public inspection in the city library and in the city clerk's office at least seventy two (72) hours prior to the meeting. (1962 Code § 2-3.02)

All formal meetings of the council shall be open to the public; provided, however, when a closed session is held in accordance with law, the public may be excluded from such closed session held during a council meeting. At the hour set by law on the day of the scheduled formal meeting, the council members, the city manager, the city attorney, the city clerk, and such other personnel as have been requested to be present by the city manager shall take their regular stations in the council chamber. The business of the council shall be taken up for consideration and disposition in substantially the following order, except as may be otherwise ordered by the mayor or the council:

A. Roll call;

B. Presentations;

C. Oral communication from the audience;

D. Consent calendar;

E. Public hearings;

F. Continued and new business;

G. Items pulled from consent calendar for discussion;

H. Commission synopses and minutes;

I. Other business; and

J. Adjournment. (Ord. 13-O-2646, eff. 10-11-2013)

The mayor, or in the mayor's absence the vice mayor, shall be the presiding officer and shall assume the office and duties immediately following election. The mayor shall preserve strict order and decorum at all formal meetings of the council, state questions coming before the council, announce its decision on all subjects, and decide all questions of order, subject, however, to an appeal to the council as a whole, in which event a majority vote shall govern and conclusively determine such question of order.

All ordinances and resolutions adopted and contracts approved by the council at formal meetings shall be signed by the mayor if the mayor is present. In the event of the absence of the mayor, the vice mayor shall sign such documents. In the absence of the mayor and vice mayor, the acting mayor shall sign such documents. (1962 Code § 2-3.05)

The mayor, or in the mayor's absence the vice mayor, shall take the chair at the hour appointed for the formal meeting and shall call the council to order. In the absence of the mayor and the vice mayor, the city clerk shall call the council to order, whereupon an acting mayor shall be elected by the council members present. Upon the arrival of the mayor or vice mayor, the acting mayor shall relinquish the chair at the conclusion of the business then before the council. (1962 Code § 2-3.06)

Before proceeding with the business of the council, the city clerk shall call the roll of the council members and the names of those present shall be entered in the minutes. (1962 Code § 2-3.07)

A majority of the council shall constitute a quorum for the transaction of business. Less than a quorum may adjourn from time to time. When there is no quorum for a meeting, the mayor, vice mayor, or any council member shall adjourn such meeting, or, if no council member is present, the city clerk shall adjourn the meeting. (1962 Code § 2-3.08)

Any person desiring to address the council during a formal meeting shall first secure the permission of the presiding officer so to do; provided, however, under the following headings of business, unless the presiding officer rules otherwise, any qualified and interested person shall have the right to address the council upon obtaining recognition by the presiding officer:

A. Interested parties or their authorized representatives may address the council with regard to written communications referred to in any staff report, or agenda item.

B. Interested persons or their authorized representatives may address the council in regard to matters under consideration in a public hearing.

C. Taxpayers or residents of the city, or their authorized legal representatives, may address the council by oral communication on any matter concerning the city's business or on any matter over which the council has control during oral communications part of the agenda. (1962 Code § 2-3.12)

A. Each person desiring to address the council shall furnish their name and address to the city clerk. When called upon by the presiding officer, the person shall come to the microphone, state their name in an audible tone of voice for the record, and shall limit their remarks as directed by the presiding officer with the consent of the council. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than a council member and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer.

B. Whenever any group of persons wishes to address the council 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 council and, in the event additional matters are to be presented at the time by any other member of such group, to limit the number of persons so addressing the council in order to avoid unnecessary repetition before the council. (1962 Code § 2-3.13)

A. The presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all council members, and shall not be deprived of any of the rights and privileges of a council member by reason of acting as the presiding officer.

B. Every council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine comments to the question under debate, avoiding all personalities and indecorous language.

C. A council member once recognized shall not be interrupted when speaking unless it shall be to call such council member to order or as otherwise provided by this section. If a council member while speaking, shall be called to order, the council member shall cease speaking until the question of order has been determined and, if in order, shall be permitted to proceed.

D. A motion to reconsider any action taken by the council at a formal meeting may be made only on the day such action was taken or at the next succeeding adjourned or regular meeting. Such a motion may only be made by a council member of the prevailing side, but may be seconded by any council member. The motion may be made at any time during such meeting, and shall be debatable. Nothing in this section shall be construed to prevent any council member from making or remaking the original motion or a similar motion at a subsequent meeting of the council.

E. Except as otherwise provided in this chapter, "Robert's Rules Of Order, Newly Revised Edition", 1981 edition, shall govern the conduct of the formal meetings of the council. (1962 Code § 2-3.11)

A roll call vote shall be taken upon the passage of all ordinances, resolutions, and orders for the payment of money and shall be entered in the minutes of the council showing those council members voting aye, those voting no, and those not voting or absent. Upon the request of any council member, a roll call vote shall be taken and recorded on any vote. Whenever a recorded or roll call of the council is in order, the city clerk shall call the names of the council members in order of seniority, except that the name of the presiding officer shall be called last. (1962 Code § 2-3.19)

A council member's silence on a roll call vote shall be recorded as an affirmative vote, unless such council member states otherwise. (1962 Code § 2-3.14)

Any council member, upon request, shall have the right to have the reasons for such council member's dissent or protest against any action of the council entered in the minutes. (1962 Code § 2-3.18)

The council shall have the discretionary right to make investigations and hold hearings with respect to all matters within its legislative power and all matters pertaining to the administration of the business of the city, and shall have the power of subpoena as provided in sections 37104 et seq., of the state Government Code. (1962 Code § 2-3.20)

No person shall use a tape recorder, stenotype, or other mechanical device to record all or any part of the proceedings of the council, whether sitting in formal or informal session, without first notifying the city clerk in writing at least four (4) hours prior to the time fixed for the convening of such meeting. In the event a person intending to record a council proceeding fails to give such notice, the council may prohibit such person's use of a tape recorder, stenotype, or other mechanical device to record such council proceedings. (1962 Code § 2-3.21)

A. While the council is in formal meeting, the council members shall preserve order and decorum, and no council member by conversation or otherwise, shall delay or interrupt the proceedings or the peace of the council, disturb any council member while speaking, or refuse to obey the orders of the council or the presiding officer, except as otherwise provided in this chapter.

B. During a council meeting, any persons making impertinent or slanderous remarks, or using loud, boisterous or profane language, or who persistently interrupt the proceedings of the council, shall be forthwith barred from further audience and attendance at such meeting by the presiding officer, unless the order of the presiding officer is overruled by a majority of council.

C. Signs, placards, banners, or similar items shall not be permitted at any time in the council chamber. (1962 Code § 2-3.15)

The police chief or other official designated by council shall be ex officio sergeant at arms of the council, and shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the council chamber. Upon instructions of the presiding officer, it shall be the duty of the sergeant at arms or any police officer present to eject any such person from the council chamber or place such person under arrest, or both. (1962 Code § 2-3.16)

No person, except city officials and their representatives shall be permitted within the rail in front of the council chamber without the consent of the council. (1962 Code § 2-3.17)

Each member of the council shall receive as monthly salary the sum of seven hundred eighty five dollars eighty one cents ($785.81) which shall be payable at the same time and in the same manner as salaries paid to other officers and employees of the city. This compensation shall not take effect until that date in April 2007, on which new terms of office will begin. (1962 Code § 2-3.22; amd. Ord. 02-O-2416, eff. 12-19-2002; Ord. 06-O-2505, eff. 11-3-2006)

The salaries prescribed in section 2-1-19 of this chapter are and shall be exclusive of any amount payable to each member of the council as reimbursement for actual and necessary expenses incurred by such council member in the performance of official duties for the city. (1962 Code § 2-3.24)

A person shall serve no more than three (3) total terms of office as a City Councilmember.

A. If any Council member is appointed or elected to a partial term of office of two (2) years or less, then that term shall not count toward the three (3) term limit.

B. The City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, including any paper seeking election as a write-in candidate, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, voter information guide, sample ballot or ballot label, the name of any person whose candidacy, if successful, will result in a City Council term that exceeds the limit set forth in this section. (Ord. 22-O-2861TL, eff. 7-22-2022)