West Hollywood — 2023-05-01

2.A. POSTING OF AGENDA:\nThe agenda for the meeting of Monday, May 1,\n2023 was posted at City Hall, Plummer Park, the\nSheriff's Station, and at the West Hollywood\nLibrary on Wednesday, April 26, 2023.\nRECOMMENDATION: Receive and file.\nSTAFF REPORT

2.C. APPROVAL OF DEMAND REGISTER NO. 928 [L.\nQUIJANO, C. CORRALES, S. HERNANDEZ]:\nThe City Council shall receive the Demand Register\nfor period ending April 21, 2023 pursuant to Sections\n37201 to 37210 of the Government Code of the State\nof California.\nRECOMMENDATION: Approve Demand Register\nNO. 928 and adopt Resolution No. 23-037, "A\nRESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF WEST HOLLYWOOD APPROVING\nPAYMENT OF DEMANDS PRESENTED ON\nDEMAND REGISTER NO. 928."

2.D. ADOPT ORDINANCE NO. 23-13 (2ND READING)\n"AN ORDINANCE OF THE CITY OF WEST\nHOLLYWOOD AMENDING TITLE 17 OF THE\nWEST HOLLYWOOD MUNICIPAL CODE\nRELATING TO ONSITE MANAGER AND POSTING\nREQUIREMENTS, A PROHIBITION AGAINST DOG\nBREED RESTRICTIONS, PENALTIES FOR\nFAILURE TO REGISTER, REUSABLE TENANT\nSCREENING REPORTS, THE DEFINITION OF\nPRINCIPAL RESIDENCE, AND PROTECTION\nAGAINST LOSS OF PARKING AS A HOUSING\nSERVICE" [M. CROWDER, L. MORALES]:\nThe City Council will waive further reading and adopt\nOrdinance No. 23-13, amending Title 17 of the West\nHollywood Municipal Code relating to onsite manager\nand posting requirements, a prohibition against dog\nbreed restrictions, penalties for failure to register,\nreusable tenant screening reports.\nRECOMMENDATION: Waive further reading and\nadopt Ordinance No. 23-13, "AN ORDINANCE OF\nTHE CITY OF WEST HOLLYWOOD AMENDING\nTITLE 17 OF THE WEST HOLLYWOOD MUNICIPAL\nCODE RELATING TO ONSITE MANAGER AND\nPOSTING REQUIREMENTS, A PROHIBITION\nAGAINST DOG BREED RESTRICTIONS,\nPENALTIES FOR FAILURE TO REGISTER,\nREUSABLE TENANT SCREENING REPORTS, THE\nDEFINITION OF PRINCIPAL RESIDENCE, AND\nPROTECTION AGAINST LOSS OF PARKING AS A\nHOUSING SERVICE".

2.E. ADOPT ORDINANCE NO. 23-14 (2ND READING)\n"AN ORDINANCE OF THE CITY OF WEST\nHOLLYWOOD AMENDING WEST HOLLYWOOD\nMUNICIPAL CODE SECTION 5.66.110 EXTENDING\nTHE SUNSET CLAUSE OF THE HOME SHARING\nBUSINESS LICENSE PROGRAM" [M. CROWDER,\nL. MORALES]:\nThe City Council will waive further reading and adopt\nOrdinance No. 23-14, amending the West Hollywood\nMunicipal Code Section 5.66.110 extending the\nsunset clause of the Home Sharing Business License\nProgram.\nRECOMMENDATION: Waive further reading and\nadopt Ordinance No. 23-14, "AN ORDINANCE OF\nTHE CITY OF WEST HOLLYWOOD AMENDING\nWEST HOLLYWOOD MUNICIPAL CODE SECTION\n5.66.110 EXTENDING THE SUNSET CLAUSE OF\nTHE HOME SHARING BUSINESS LICENSE\nPROGRAM".\nSTAFF REPORT

2.F. ADOPT ORDINANCE NO. 23-15 (2ND READING)\n"AN ORDINANCE OF THE CITY OF WEST\nHOLLYWOOD AMENDING THE WEST\nHOLLYWOOD MUNICIPAL CODE TO PROHIBIT\nTHE SALE AND USE OF GLUE TRAPS AND\nAMENDING THE CITY’S PENALTY PROVISIONS"\n[M. CROWDER, L. MORALES]:\nThe City Council will waive further reading and adopt\nOrdinance No. 23-15, amending the West Hollywood\nMunicipal Code to prohibit the sale and use of glue\ntraps and amending the City’s penalty provisions.\nRECOMMENDATION: Waive further reading and\nadopt Ordinance No. 23-15, "AN ORDINANCE OF\nTHE CITY OF WEST HOLLYWOOD AMENDING\nTHE WEST HOLLYWOOD MUNICIPAL CODE TO\nPROHIBIT THE SALE AND USE OF GLUE TRAPS\nAND AMENDING THE CITY'S PENALTY\nPROVISIONS".

2.G. COMMISSION AND ADVISORY BOARD MEETING\nSYNOPSES [M. CROWDER, L. MORALES]:\nThe City Council will receive Synopses from the\nBusiness License Commission, Historic Preservation\nCommission, Human Services Commission, Rent\nStabilization Commission, Russian Speaking\nAdvisory Board, and Transgender Advisory Board\nregarding actions taken at their recent meetings.\nRECOMMENDATION: Receive and File.\nSTAFF REPORT

2.H. WEHO PRIDE 2023 [Y. QUARKER, C. SMITH, M.\nREATH, K. MCCORMACK]:\nThe City Council will receive a WeHo Pride 2023\nprogramming update.\nRECOMMENDATION: Receive and file.\nSTAFF REPORT

2.I. APPROVAL OF 2024 ARTS GRANT PROGRAM [J.\nROCCO, R. EHEMANN, E. ANGELOFF]:\nThe City Council will consider approving the City of\nWest Hollywood’s 2024 Arts Grant Program\nguidelines, schedule, and funding as recommended\nby the Arts and Cultural Affairs Commission.\nRECOMMENDATION: Approve the implementation of\nthe City of West Hollywood's 2024 Arts Grant\nProgram, as recommended by the Arts and Cultural\nAffairs Commission.\nSTAFF REPORT

2.J. CONSTRUCTION AGREEMENT WITH STANCE\nCONSTRUCTION COMPANY FOR CIP 2302,\nCONCRETE REPAIR PROGRAM [S. CAMPBELL,\nJ. GILMOUR, M. SOLOGUB]:\nThe City Council will consider approval of a\nconstruction agreement with Stance Construction\nCompany to construct CIP No. 2302, Concrete Repair\nProgram.\nRECOMMENDATIONS: 1) Approve a construction\nagreement with Stance Construction Company in the\namount of $445,348.20 for the construction of CIP\nNo. 2302, Concrete Repair Program, and authorize\nthe City Manager or designee to execute documents\nincident to the agreement; 2) Authorize the City\nEngineer to approve change orders to the\nconstruction agreement in an amount not to exceed\n25%, ($111,337.05), of the total agreement amount;\n3) Adopt Resolution No. 23-________, "A\nRESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF WEST HOLLYWOOD APPROVING THE\nDESIGN AND PLANS FOR THE CONSTRUCTION\nOF CIP 2302, CONCRETE REPAIR PROGRAM,\nPURSUANT TO GOVERNMENT CODE SECTION\n830.6;" and 4) Make a finding that pursuant to the\nprovisions of the California Environmental Quality Act\n(CEQA - Public Resources Code, Section 21084 et.\nSeq.), CIP No. 2302, Concrete Repair Program,\nmeets the requirements for a categorical exemption\nin compliance with Article 19, Section 15301, (Class 1\n- Existing Facilities).

2.K. CONTRACT AMENDMENT WITH BEING ALIVE\nFOR THE USE OF OPIOID SETTLEMENT FUNDS\nTO PURCHASE AND DISTRIBUTE NARCAN [C.\nSCHROEDER, L. ISENBERG, D. MURRAY, B.\nLUBIN]:\nThe City Council will consider a contract amendment\nfor Being Alive to receive opioid settlement funds to\npurchase and distribute Narcan (naloxone) and\nprovide overdose prevention training.\nRECOMMENDATION: Approve a contract\namendment to include $14,876.68 in opioid\nsettlement funds for Narcan distribution and\noverdose prevention training.\nSTAFF REPORT

2.L. AMENDMENT NO. 3 TO THE AGREEMENT WITH\nAESCO FOR ON-CALL MATERIAL TESTING AND\nINSPECTION SERVICES [S. CAMPBELL, J.\nGILMOUR, H. COLLINS]:\nThe City Council will consider approving an\namendment to the Agreement to adjust the fee\nschedule and not-to-exceed amount of the\nAgreement.\nRECOMMENDATIONS: 1) Approve Amendment No.\n3 to the Agreement with AESCO to provide on-call\nmaterial testing and inspection services for an\nincreased amount of $150,000 and a new total not-to-\nexceed amount of $200,000; and 2) Authorize the\nCity Manager or designee to execute documents\nincident to the amendments to the Agreements.

2.M. REPROGRAMMING OF SOCIAL SERVICES\nCONTRACT SAVINGS FROM 2021-22 AND\nAMENDMENT TO THE AGREEMENT WITH THE\nALLIANCE FOR HOUSING AND HEALING [C.\nSCHROEDER, L. ISENBERG, D. MURRAY]:\nThe City Council will consider a recommendation that\n$70,195 in contract savings from the 2021-22 Social\nServices contract year be reprogrammed and used\nto augment the Alliance for Housing and Healing’s\nAging in Place Rental Assistance program. The City\nCouncil will also consider amending the agreement\nfor services with the Alliance for Housing and\nHealing to increase the not-to-exceed amount.\nRECOMMENDATIONS: 1) Recommend the\nreprogramming of 2021-22 contract savings totaling\n$70,195 to Social Services contracts for\naugmentation of services with the Alliance for\nHousing and Healing; and 2) Approve Amendment\nNo. 1 to the Agreement for Services with the Alliance\nfor Housing and Healing to increase the amount of\nthe agreement by $95,000 for a total not-to-exceed\namount of $293,939 and expand the scope of\nservices by $45,000 to the standard Rental\nAssistance Program and $50,000 for Emergency\nCOVID-19 Rental Assistance through the contract\nyear ending September 30, 2023.\nSTAFF REPORT

2.N. RECOGNITION OF MENTAL HEALTH\nAWARENESS MONTH [Y. QUARKER, J. DEL\nTORO, L. FOOKS]:\nThe West Hollywood City Council will consider\nrecognizing May as Mental Health Awareness Month.\nRECOMMENDATIONS: 1) Light up City Hall in the\ncolors green and white from May 17-29, 2023; 2)\nDirect staff to highlight the City's mental health\nservices, resources, programming, and initiatives\nduring Mental Health Awareness Month; and 3)\nDirect the Communications Department to utilize all\nappropriate communications tools to promote the\nCity's recognition of Mental Health Awareness Month.

2.O. AN ORDINANCE OF THE CITY COUNCIL OF THE\nCITY OF WEST HOLLYWOOD, AMENDING\nORDINANCE NO. 23-07 TO FIX A NUMBERING\nERROR AND RENUMBER WEST HOLLYWOOD\nMUNICIPAL CODE ARTICLE 2, TITLE 9, CHAPTER\n9.28 (PROHIBITING FALSE AND MISLEADING\nADVERTISING BY PREGNANCY CRISIS CENTER)\nAS CHAPTER 9.23, AND RETAINING EXISTING\nARTICLE 2, TITLE 9, CHAPTER 9.28\n(PROHIBITION ON BASIS OF SEXUAL\nORIENTATION AND GENDER IDENTITY) [M.\nCROWDER, L. MORALES]:\nThe City Council will consider an Ordinance to fix a\nnumbering error on Ordinance 23-07 that prohibits\nfalse and misleading advertising by a crisis\npregnancy center.\nRECOMMENDATION: Introduce on First Reading\nOrdinance No. 23-_______: AN ORDINANCE OF\nTHE CITY COUNCIL OF THE CITY OF WEST\nHOLLYWOOD, AMENDING ORDINANCE NO. 23-07\nTO FIX A NUMBERING ERROR AND RENUMBER\nWEST HOLLYWOOD MUNICIPAL CODE ARTICLE\n2, TITLE 9 CHAPTER 9.28 (PROHIBITING FALSE\nAND MISLEADING ADVERTISING BY\nPREGNANCY CRISIS CENTER) AS CHAPTER\n9.23, AND RETAINING EXISTING ARTICLE 2,\nTITLE 9 CHAPTER 9.28 (PROHIBITION ON BASIS\nOF SEXUAL ORIENTATION AND GENDER\nIDENTITY).\nSTAFF REPORT

4.A. AN ORDINANCE OF THE CITY OF WEST\nHOLLYWOOD AMENDING SECTION 15.12.010 OF\nTHE WEST HOLLYWOOD MUNICIPAL CODE TO\nAUTHORIZE THE ADOPTION OF FUTURE SEWER\nSERVICE CHARGES BY RESOLUTION [S.\nCAMPBELL, J. GILMOUR, M. MAGENER]:\nThe City Council will consider an Ordinance to\nauthorize the adoption of future sewer service\ncharges by resolution instead of ordinance.\nRECOMMENDATION: Introduce on First Reading\nOrdinance No. 23-________: AN ORDINANCE OF\nTHE CITY OF WEST HOLLYWOOD AMENDING\nSECTION 15.12.010 OF THE WEST HOLLYWOOD\nMUNICIPAL CODE TO AUTHORIZE THE\nADOPTION OF FUTURE SEWER SERVICE\nCHARGES BY RESOLUTION.

6.A. SPECIAL COUNCIL PROGRAMS BUDGET\nALLOCATIONS [L. MEISTER, J. HEILMAN, Y.\nQUARKER, J. DEL TORO]:\nThe City Council will consider amending the\nallocation of funds in the Special Council Programs\nAccount for Fiscal Year 2023-2024 and future fiscal\nyears to limit the maximum amount to $10,000 per\nallocation, with larger items such as new studies or\ncommunity plans implemented in future budget\nyears.\nRECOMMENDATIONS: 1) Amend the allocation of\nfunds in the Special Council Programs Account for\nFiscal Year 2023-2024 and future years to $10,000\nper allocation; and 2) Approve having Council-\ninitiated items with larger budget and workplan\nimpacts, such as a new study or community plan,\nimplemented in future budget years, instead of the\nbudget year in which it is approved.\nSTAFF REPORT

6.B. BUSINESS COMMUNITY FORUM ON\nCALIFORNIA STATE RESOURCES FOR SMALL\nBUSINESSES IN PARTNERSHIP WITH\nCALIFORNIA STATE TREASURER’S OFFICE [S.\nSHYNE, Y. QUARKER, J. DEL TORO]:\nThe City Council will consider sponsoring a\ncommunity forum on California State resources for\nsmall businesses in partnership with California State\nTreasurer Fiona Ma. This will be an in-person event\nwith a target audience of current and prospective\nsmall business owners.\nRECOMMENDATIONS: 1) Approve sponsorship of a\ncommunity forum on California State resources for\nsmall businesses in partnership with the California\nState Treasurer's Office; 2) Authorize the use of the\nCity name and logo on invitations, programs, and\nother collateral materials for the event; 3) Direct the\nCommunications Department to utilize all appropriate\ncommunication tools to promote the event including,\nbut not limited to, the City's website, a press release,\nand social media tools; 4) Authorize the Director of\nFinance and Technology Services to reserve $2,000\nfrom Fiscal Year 2023-24 funds in the Special\nCouncil Programs account number 100-1-01-00-\n531001 for costs associated with the event; and 5)\nWaive the Facility Use fee for the City Council\nChambers for the event, parking fees at the 5-story\nparking lot for attendees, and any other ancillary City\npermits that may be required for the event (estimated\n$1,240 in waived fees).

1. PUBLIC COMMENT: The City Council values your\ncomments; however, pursuant to the Brown Act,\nCouncil cannot take action on items not listed on the\nposted agenda. The public comment period is limited\nto 20 minutes, with 2 minutes allotted for each\nspeaker. This public comment period is to address\nthe City Council on Consent Calendar items, other\nagenda items (if the member of the public cannot be\npresent at the time the item is considered) or items of\ngeneral interest within the jurisdiction of the City\nCouncil. Another period is also reserved for general\ncomment later in the meeting for those that could not\nbe heard at this time. Public Hearing testimony will\nonly be taken at the time of the hearing.

2. CONSENT CALENDAR: The following routine matters\ncan be acted upon by one motion. Individual items\nmay be removed by the Council for separate\ndiscussion. Items removed for separate discussion\nwill be heard following New Business Items. The title\nis deemed to be read and further reading waived of\nany ordinance listed on the consent calendar for\nintroduction or adoption.

3. PUBLIC HEARINGS:

4. LEGISLATIVE:

5. UNFINISHED BUSINESS:

6. NEW BUSINESS:

1.A. PUBLIC COMMENTS ON CONSENT CALENDAR\nITEMS WHICH HAVE NOT BEEN REMOVED\nFROM THE CONSENT CALENDAR:

1.B. PUBLIC COMMENTS, GENERAL INTEREST:\nPUBLIC CORRESPONDENCE 4.26.23\nCITY MANAGER’S REPORT: This time is set aside for the\nCity Manager to update the Council on important items\ninitiated by staff or previously requested by the City\nCouncil.\nFISCAL IMPACT ON CONSENT CALENDAR:\nFISCAL IMPACT REPORT

3.A. APPEAL OF THE PLANNING COMMISSION’S\nAPPROVAL TO DEMOLISH ALL EXISTING\nSTRUCTURES ON THE PROPERTY WHICH\nENCOMPASSES A RELIGIOUS FACILITY,\nBANQUET FACILITIES, AND A SCHOOL\nBUILDING AND CONSTRUCT A NEW FIVE-\nSTORY, 90-UNIT APARTMENT BUILDING (WITH\n14 AFFORDABLE UNITS) OVER A\nSUBTERRANEAN PARKING GARAGE AT N. 1305-\n1317 CRESCENT HEIGHTS BOULEVARD, WEST\nHOLLYWOOD, CALIFORNIA [J. KEHO, J.\nALKIRE, A. GALLO]:\nThe City Council will consider an appeal filed by Lynn\nRussell regarding the Planning Commission’s\nadoption of Resolution No. PC 22-1496, which found\nthe project to be exempt from CEQA under Section\n15332 (In-fill Development Projects), and approved\nthe demolition of a religious facility, banquet halls,\nand a school, to construct a new five-story, 90-unit\nrental apartment building over subterranean parking.\nThe project utilizes a state density bonus, a\nconcession, and provides fourteen units of affordable\nhousing.\nRECOMMENDATION: Continue the Public Hearing\nto July 17, 2023, at the request of the Appellant, Lynn\nRussell.\nPUBLIC HEARING CONTINUED

5.A. MELROSE GATHERING PLACE: WEAVER’S\nWALK PROJECT UPDATE AND AMENDMENTS\nTO THE AGREEMENTS FOR SERVICES WITH\nPAMELA BURTON & COMPANY AND KARON\nDAVIS STUDIO LLC [J. ROCCO, R. ABRAMSON,\nM. BARKER, R. EHEMANN, M. MITCHELL]:\nThe City Council will receive an update on the\nMelrose Gathering Place: Weaver’s Walk project and\nconsider amending the agreement for landscape\narchitecture services with Pamela Burton & Company\nto modify the scope of services to include\nconstruction administration and to increase the not-\nto-exceed amount, and amend and extend the\nagreement for design, fabrication and installation\nservices with Karon Davis Studio LLC, the project’s\nartist.\nRECOMMENDATIONS: 1) Receive an update on the\nredesign of the space by Pamela Burton & Company\nand the new public artwork by Karon Davis; 2)\nReceive the Final Art Plan, Before Picasso by artist\nKaron Davis, as approved by the Arts and Cultural\nAffairs Commission; 3) Approve Amendment No. 1 to\nthe agreement for services with Pamela Burton &\nCompany: expand the scope of services to include\nconstruction administration services; increase the\namount of the agreement by $63,000 for a total not-\nto-exceed amount of $137,500, and extend the\nagreement by 12 months from June 30, 2023 to June\n30, 2024; 4) Approve Amendment No. 1 to the\nagreement for design, fabrication, and installation\nservices with Karon Davis Studio LLC to increase the\namount of the agreement by $166,500 for a total not-\nto-exceed amount of $185,000 and extend the\nagreement by 6 months from June 30, 2023 to\nDecember 31, 2023; 5) Authorize the Director of\nFinance & Technology Services to allocate $100,000\nfrom unallocated reserves in the Public Beautification\nand Art Fund to account number 209-4-10-12-\n704041 for public art design, fabrication, installation,\nand related costs; and 6) Authorize the City Manager\nor designee to execute documents incident to the\nproject agreements.\nSTAFF REPORT\nITEM 5.A. - ATTACHMENT A\nITEM 5.A. - ATTACHMENT B

5.B. COMMISSION AND ADVISORY BOARD\nAPPOINTMENTS AND RE-APPOINTMENTS [J.\nJIMENEZ, M. CROWDER, L. MORALES]:\nThe City Council will consider making direct and at-\nlarge appointments to City Commissions and\nAdvisory Boards.\nRECOMMENDATIONS: 1) Make new appointments\nor re-appointments to City Commissions and\nAdvisory Boards; with terms ending February 28,\n2025, as follows: Mayor Pro Tempore Erickson to\nmake a direct appointment to the following: a.\nTransgender Advisory Board; Councilmember Byers\nto make a direct appointment to the following: a.\nSenior Advisory Board; Councilmember Heilman to\nmake direct appointments to the following: a.\nDisabilities Advisory Board, b. Social Justice Advisory\nBoard; Councilmember Meister to make a direct\nappointment to the following: a. Public Facilities,\nRecreation & Infrastructure Commission; and 2) Call\nfor nominations for the at-large appointments for the\nfollowing Commissions and Advisory Boards: a. Arts\n& Cultural Affairs Commission: 2 at-large\nappointments, b. Business License Commission: 2\nat-large appointments, c. Historic Preservation\nCommission: 2 at-large appointments, d. Human\nServices Commission: 2 at-large appointments, e.\nLGBTQ+ Commission: 2 at-large appointments, f.\nPlanning Commission: 2 at-large appointments, g.\nPublic Safety Commission: 2 at-large appointments,\nh. Rent Stabilization Commission: 2 at-large\nappointments, i. Transportation & Mobility\nCommission: 2 at-large appointments, j. Russian-\nSpeaking Advisory Board: 4 at-large appointments, k.\nWomen's Advisory Board: 4 at-large appointments.