AGENDA REPORT
Meeting Date:
Item Number:
To:
From:
Subject:
Attachments: 1. Proposed Resolution Requesting the Board of Supervisors of the County of Los Angeles to Conduct a Special Election for the City of Beverly Hills
2. Proposed Resolution Requesting the Board of Supervisors of the County of Los Angeles Conduct a Regular Election for the City of Beverly Hills
3. Proposed Resolution for Filing Written Arguments and Directing the City Attorney to Prepare an Impartial Analysis
4. Proposed Resolution Calling and Giving Notice of a Special Municipal Election to be Held in the City of Beverly Hills on ___
5. Proposed Ordinance Repealing the Referended Ordinance Nos. 22-O-2866 and 22-O-2867
RECOMMENDATION
Staff recommends that the City Council provide formal direction regarding two referendum petitions: Ordinance No.22-O-2866 and Ordinance No. 22-O-2867, regarding the Cheval Blanc project.
A discussion item was provided at the Study Session of Tuesday, February 21. This report shares the options available to the City Council in advance of the afternoon discussion which is scheduled to take place that day.
February 21, 2023
G-1
Honorable Mayor & City Council
Huma Ahmed, City Clerk
DISCUSSION OF REFERENDUM AGAINST AN ORDINANCE
PASSED BY THE CITY COUNCIL APPROVING THE CHEVAL
BLANC SPECIFIC PLAN ZONING AND MAP AMENDMENTS
ORDINANCE NO. 22-O-2866; AND
DISCUSSION OF REFERENDUM AGAINST AN ORDINANCE
PASSED BY THE CITY COUNCIL APPROVING A DEVELOPMENT
AGREEMENT FOR THE CHEVAL BLANC PROJECT: ORDINANCE
NO. 22-O-2867
Meeting Date: February 21, 2023
Based on the Study Session report, the items for consideration are the following:
a) Call a Special Election and request the Los Angeles County RegistrarRecorder/County Clerk (LA RR/CC) conduct the election and provide for ballot arguments and an impartial analysis. Please note that a Special Election must be scheduled at least 88 days after the City Council orders the election, or b) Repeal Ordinance No. 22-O-2866 regarding the Cheval Blanc Specific Plan Zoning and Map Amendments and Ordinance No. 22-O-2867 regarding the Development Agreement for the Cheval Blanc Project, or
c) Place both ordinances on the ballot at the March 2024 General Municipal Election and request the LA RR/CC conduct a consolidated election and provide for ballot arguments and impartial analysis.
INTRODUCTION
A Referendum Petition was filed with the City on December 19, 2022 seeking to overturn Ordinance No. 22-O-2866 approving a Zone Text and Map Amendment regarding the Cheval Blanc Beverly Hills Specific Plan which was adopted by the City Council on November 15, 2022.
A second referendum Petition was filed with the City on December 21, 2022 seeking to overturn Ordinance No. 22-O-2867 approving a Development Agreement for the Cheval Blanc project. The Development Agreement was adopted by the City Council on November 15, 2022.
DISCUSSION
Staff will have presented a detailed report at the February 21, 2023 Study Session to the City Council regarding the approved referendum measures for the Cheval Blanc project.
This report formalizes any and all direction received at the Study Session and presents alternate resolutions for the City Council’s consideration. The City Council could provide additional feedback at the Study Session which may cause the attached resolutions to be updated in the evening session as needed.
At the January 24, 2023 Formal City Council Meeting, the City Clerk presented certificates of sufficiency to the City Council regarding both referendum petitions. State Elections Code § 9241 requires that the City Council take one of the following courses of action:
a) Call a Special Election, or
b) Repeal the two Referended Ordinances, or
c) Place both ordinances on the ballot at the March 2024 Regular Municipal Election
Additional detailed information regarding the aforementioned options are also available in the Study Session report of February 21, 2023.
This report includes proposed resolutions or an ordinance for City Council review and direction. Should the City Council direct staff to proceed with either a Special or Regular election, then formally approved resolutions will be required in order to move forward.
Meeting Date: February 21, 2023
If the City Council decides to have an election, then staff would recommend that the Council adopt:
• Proposed resolution setting priorities for filing a written argument regarding City measures and directing the City Attorney to prepare an impartial analysis. • Proposed resolution calling and giving notice of a Special Municipal Election to be held in the City of Beverly Hills on ___.
If the City Council decides to call a Special Election, then staff would recommend that the Council adopt:
• Proposed resolution requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City by managing the conduct of a Special Election.
If the City Council decides to consolidate the election about the Referended Ordinances with the next municipal election, then staff would recommend that the Council adopt:
• Proposed resolution requesting the Board of Supervisors of the County of Los Angeles consent to the consolidation of the election concerning the referenda on Ordinance Nos. 22-O-2866 and 22-O-2867 with the next scheduled regular election on March 5, 2024 and directing the LA RR/CC to administer, manage, oversee and canvass the results of said election.
If the City Council decides to repeal the Referended Ordinances, then staff would recommend the the Council introduce:
• Proposed ordinance repealing the Referended Ordinance Nos. 22-O-2866 and 22-O-2867.
FISCAL IMPACT
Should the City Council decide to repeal Ordinances No. 22-O-2866 and No. 22-O-2867 then there is no fiscal impact.
However, should the City Council determine that an election shall be conducted, then the estimated costs are listed below and an appropriation would be required for either option below.
Special Election
A Special Election is a standalone election which may be held for the two measures only. The election can be scheduled to take place on any Tuesday the City Council determines which is at least eighty eight (88) after the call of the election. Please refer to the Study Session report of February 21, 2023 for additional details.
Meeting Date: February 21, 2023
Special Election total funding requested: $870,442.63.
Special Election (LA County Costs)
Service Estimated Cost
Election Preparation $351.02
Election Operations $560,973.48
Vote By Mail Processing $136,990.52
Sample Ballot Processing and Printing $117,127.61
Total Estimate $815,442.63
Special Election (City Costs)
Internal Costs Estimated Cost
Voter Information Guide (Citywide) $15,000
Postage $13,000
Internal/Staffing $27,000
Total Estimate $55,000
Consolidated Regular Election
Should the City Council choose to place the ballot measures at the next Regular City Council election of March 5, 2024, then the costs are listed below. This would be a consolidated election with the statewide election date which is why the costs are substantially reduced.
Regular Election total funding requested: $204,232.49.
Regular Election (LA County Costs)
Category Estimated Cost
Election Operations $67,070.10
Vote By Mail Processing $21,118.39
Sample Ballot Processing and Printing
Measure(s) $832.43
Measure Text $39,956.47
Voting Information $11,669.47
Election Preparation Cost (flat rate per
jurisdiction)
$8,585.63
Total Estimate $149,232.49
Regular Election – (City Costs) Estimated Cost
Voter Information Guide (Citywide) $15,000
Postage $13,000
Internal/Staffing $27,000
Total Estimate $55,000
The City is responsible for all expenses related to the election. Should the Council decide to move forward with either election option, there is not sufficient funding in the City Clerk’s operating budget and an appropriation would be required into account 48009101-731800. As discussed at the Study Session of February 21, 2023, Friends of Cheval Blanc Beverly Hills provided a letter offering to subsidize costs associated with an election regarding the Cheval Blanc project. Should the City Council approve the Meeting Date: February 21, 2023
funding from Friends of Cheval Blanc Beverly Hills for the election, then a separate report will be brought forward for City Council approval.
These are estimates as provided by both the LA RR/CC and Beverly Hills City Clerk’s offices at the time of printing. Should the City Council provide additional feedback at the Study Session of February 21, 2023, then those updated details may also be included in the formal presentation as needed.
Huma Ahmed,
City Clerk
Approved By
Attachment 1
B0785-0001\2779357v1.doc
(SPECIAL ELECTION)
RESOLUTION NO. 23-R-___________
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY BY
MANAGING THE CONDUCT OF A SPECIAL ELECTION
WHEREAS, a Special Election is to be held in the City of Beverly Hills, California on _____________________; and
WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and
WHEREAS, all necessary expenses in performing these services shall be paid by the City of Beverly Hills;
NOW, THEREFORE, the Council of the City of Beverly Hills does resolve as follows:
Section 1. Pursuant to the provisions of Section 10002 of the Elections Code of the State of California, the City Council requests the Board of Supervisors of the County to direct the County Registrar–Recorder/County Clerk to administer, manage and oversee all facets of the City of Beverly Hills _______, 202_ election and to further direct the Registrar– Recorder/County Clerk to perform all necessary functions, services and tasks related to: the complete and successful conduct of the election; provision of all election materials and equipment; the hiring, training and supervision of poll workers and other election personnel; the printing and distribution of ballot materials; the translation of ballot materials; the collection of submitted ballots; tallying of votes; canvassing and the certification of election results.
Section 2. The City shall reimburse the County for services performed when the work is completed and upon presentation of an invoice for such services.
Section 3. The City Clerk is directed to forward without delay to the Board of Supervisors a certified copy of this Resolution with a copy to the County Elections Official. 2 B0785-0001\2779357v1.doc
Section 4. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City.
Adopted:
LILI BOSSE
Mayor of the City of
Beverly Hills, California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
Attachment 2
B0785-0001\2780385v1.doc
(CONSOLIDATED ELECTION)
RESOLUTION NO. 23-R-___________
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY HILLS
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES CONSENT TO THE CONSOLIDATION OF THE ELECTION
CONCERNING THE REFERENDA ON ORDINANCE NOS. 22-O-2866 AND 22-O-2867 WITH THE NEXT SCHEDULED REGULAR ELECTION ON
MARCH 5, 2024 AND DIRECTING THE LOS ANGELES COUNTY
REGISTRAR–RECORDER/COUNTY CLERK TO ADMINISTER, MANAGE,
OVERSEE AND CANVASS THE RESULTS OF SAID ELECTION
WHEREAS, the City Council of the City of Beverly Hills will call a Municipal Election to be held on Tuesday, March 5, 2024 and desires to hold a referendum election concerning ordinance Nos. 22-O-2866 and 22-O-2867 on that date: and WHEREAS, Elections Code Section 10002 authorizes the City to request by resolution the Board of Supervisors authorize the County Elections Official to conduct specified election services; and
WHEREAS, all necessary expenses in performing these services shall be paid by the City of Beverly Hills;
NOW, THEREFORE, the Council of the City of Beverly Hills does resolve as follows:
Section 1. Pursuant to the requirements of the laws of the State of California relating to general law cities, the City Council hereby calls and orders to be held in the City of Beverly Hills on Tuesday, March 5, 2024 a municipal election for the purpose of placing two measures before the voters concerning the referendum of Ordinance Nos. 22-O-2866 and 22-O-2867.
Section 2. Pursuant to the requirements of Elections Code Section 10403, the City Council further requests the Board of Supervisors to consent and agree to the consolidation of the City of Beverly Hills’ Municipal Election with the County – administered elections that will be held on March 5, 2024.
2 B0785-0001\2780385v1.doc
Section 3. The City Council requests the Board of Supervisors of the County to direct the County Registrar–Recorder/County Clerk to administer, manage and oversee all facets of the City of Beverly Hills March 5, 2024 election and to further direct the Registrar–Recorder/County Clerk to perform all necessary functions, services and tasks related to: the complete and successful conduct of the election; provision of all election materials and equipment; the hiring, training and supervision of poll workers and other election personnel; the printing and distribution of ballot materials; the translation of ballot materials; the collection of submitted ballots; tallying of votes; canvassing and the certification of election results.
Section 4. The City shall reimburse the County for services performed when the work is completed and upon presentation of an invoice for such services.
Section 5. The City hereby consents to have its Municipal Election on Tuesday, March 5, 2024 consolidated with any and all elections conducted on such date within the County.
Section 6. The City Clerk is directed to forward without delay to the Board of Supervisors a certified copy of this Resolution with a copy to the County Elections Official.
Section 7. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City.
Adopted:
LILI BOSSE
Mayor of the City of
Beverly Hills, California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
3 B0785-0001\2780385v1.doc
APPROVED AS TO FORM: APPROVED AS CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
Attachment 3
B0785-0001\2779337v1.doc
RESOLUTION NO. 23-R-_________
RESOLUTION OF THE COUNCIL OF THE CITY OF BEVERLY
HILLS SETTING PRIORITIES FOR FILING A WRITTEN
ARGUMENT REGARDING CITY MEASURES AND DIRECTING
THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, an election is to be held in the City of Beverly Hills, California, at which there will be submitted to the voters the question of whether to adopt Ordinance Nos. 22- O-2866 and 22-O-2867;
NOW, THEREFORE, the Council of the City of Beverly Hills, does resolve as follows:
SECTION 1. The City Council authorizes any and all members of the City Council to file written argument In Favor or Against the City measures in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. Any voter eligible to vote on the ballot measures, bona fide association of citizens, when a combination of voters and associations may also file a written argument in favor of or against the City measures with the City Clerk. If more than one ballot argument in favor or against the ballot measures is received by the City Clerk, the City Clerk shall give preference in priority to the City Council and its members.
SECTION 2. The City Council directs the City Clerk to transmit a copy of the City measures to the City Attorney. The City Attorney shall prepare an impartial analysis of the measures showing the effect of the measures on the existing law and the operation of the measures. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.
SECTION 3. Pursuant to Section 9285 of the California Elections Code, when the City Clerk has selected the arguments for and against the ballot measures that will be printed 2 B0785-0001\2779337v1.doc
and distributed to the voters, the City Clerk shall send copies of the argument in favor of the ballot measure to the author(s) of the argument against the measure and the City Clerk shall send copies of the argument against the ballot measure to the author(s) of the argument in favor. The author(s), or a majority of the authors, may prepare and submit rebuttal arguments not exceeding 250 words or may authorize, in writing, others to submit a rebuttal argument. Rebuttal arguments shall be filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or is submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than ten days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. All previous resolutions providing for the filing of the rebuttal arguments for City measures are repealed. The provisions of this Section 3 shall apply only to the special election concerning the City measures set forth in this resolution and then shall be repealed.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause this resolution and her certification to be entered into the Book of Resolutions of the Council of this City.
ADOPTED:
LILI BOSSE
Mayor of the City of
Beverly Hills, California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
3 B0785-0001\2779337v1.doc
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_______________________________ ___________________________________ LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
Attachment 4
B0785-0001\2779344v1.doc
RESOLUTION NO 23-R-___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BEVERLY HILLS CALLING AND GIVING NOTICE OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF BEVERLY HILLS ON __________________
WHEREAS, in response to referendum petitions, the City Council has decided to submit Beverly Hills City Ordinance Nos. 22-O-2866 and 22-O-2867 to a vote of the electorate; and WHEREAS, the next regular municipal election is not scheduled until March 5, 2024.
NOW THEREFORE, the City Council of the City of Beverly Hills does resolve, declare, determine and order as follows:
SECTION 1. CALLING SPECIAL MUNICIPAL ELECTION: Pursuant to the requirements of Article 1, Chapter 3, Division 9 of the California Elections Code, the City Council hereby calls and orders a special municipal election in and for the City of Beverly Hills to be held on ___________________for the purpose of submitting City Ordinance Nos. 22-O2866 and 22-O-2867 to the voters of the City with the following questions:
Shall Ordinance No. 22-O-2866 adopted by the
City Council and enacting zone changes and
corresponding map amendments to permit the
Cheval Blanc Hotel which will contain up to 115
rooms, a 500 member private club, and restaurant
and retail uses on an approximately 1.28 acre site
in the northern portion of the business triangle, be
adopted?
YES
NO
Shall Ordinance No. 22-O-2867 adopted by the
Beverly Hills City Council approving a
development agreement which vests development
rights for the Cheval Blanc Hotel in exchange for
public benefits, be adopted?
YES
NO
-2- B0785-0001\2779344v1.doc
SECTION 2. BALLOTS. The full text of the measures are on file in the office of the City Clerk. Pursuant to Elections Code Section 9223, copies of Ordinance Nos. 22-O-2866 and 22-O-2867 shall be made available to any voter on request. The ballots to be used at the election shall be in form and content as required by law.
SECTION 3. ELECTION LAWS. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 4. NOTICE. The City Clerk is authorized and directed to give notice of the special municipal election as required by law.
SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this Resolution and shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City.
ADOPTED this day of _____________, 20____ , by the following vote:
CITY OF BEVERLY HILLS
LILI BOSSE
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 NANCY HUNT-COFFEY
City Attorney City Manager
Attachment 5
B0785-0001\2779261v1.doc 1
ORDINANCE NO. ______
ORDINANCE OF THE CITY OF BEVERLY HILLS
REPEALING ORDINANCE NO. 22-O-2866 AND ORDINANCE
NO. 22-O-2867
The Council of the City of Beverly Hills does hereby ordain as follows:
Section 1. Ordinance No. 22-O-2866 was subject to a referendum petition filed with the City on December 19, 2022 and 22-O-2867 was subject to a referendum petition filed with the City on December 21, 2022. The City Clerk presented a certificate of sufficiency to the City Council on January 24, 2023. The City Council desires to repeal the ordinances subject to referendum.
Section 2. The City Council hereby repeals Ordinance No. 22-O-2866 and Ordinance No. 22-O-2867.
Section 3. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution and her certification to be entered in the Book of Resolution of the Council of this City.
Adopted:
LILI BOSSE
Mayor of the City of Beverly Hills,
California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
B0785-0001\2779261v1.doc 2
[Signatures continue]
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager