West Hollywood — 2023-11-20

2.A. POSTING OF AGENDA:\nSUBJECT: The agenda for the meeting of Monday, November\n20, 2023 was posted at City Hall, Plummer Park, the Sheriff's\nStation, and at the West Hollywood Library on Wednesday,\nNovember 15, 2023.\nRECOMMENDATION: Receive and file.\nSTAFF REPORT

2.B. APPROVAL OF MINUTES:\nSUBJECT: The City Council is requested to approve the\nminutes of the prior Council meeting.\nRECOMMENDATION: Approve the minutes of November 6,\n2023.\nSTAFF REPORT

2.C. APPROVAL OF DEMAND REGISTER NO. 937: SUBJECT: The\nCity Council shall receive the Demand Register for period\nending November 10, 2023 pursuant to Sections 37201 to\n37210 of the Government Code of the State of California.\nRECOMMENDATION: Approve Demand Register No. 937 and\nadopt Resolution No. 23-095, "A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF WEST HOLLYWOOD APPROVING\nPAYMENT OF DEMANDS PRESENTED ON DEMAND REGISTER\nNO. 937".\nSTAFF REPORT

2.D. CLAIMS ADMINISTRATION [J. JIMENEZ, M. CROWDER]:\nThe City Council is receiving notification that the City’s third-party\nadministrator Carl Warren & Co. has denied one (1) Claim for\nDamages from Robert Ochoa.\nRECOMMENDATION: Receive and File.\nSTAFF REPORT\nMEMO FROM STAFF 11.16.23

2.E. COMMISSION AND ADVISORY BOARD MEETING SYNOPSES\n[M. CROWDER, L. MORALES]:\nThe City Council will receive Synopses from the Arts and Cultural\nAffairs Commission, Historic Preservation Commission, Public\nFacilities, Recreation & Infrastructure Commission, and the\nWomen’s Advisory Board regarding actions taken at their recent\nmeetings.\nRECOMMENDATION: Receive and file.\nSTAFF REPORT

2.F. TREASURER’S REPORT FOR SEPTEMBER 2023 [L. QUIJANO,\nC. CORRALES, K. BARENG, S. STEPHENS]:\nThe City Council will receive the Treasurer’s Reports for the month\nended September 2023 pursuant to Section 53646 of the\nGovernment Code of the State of California.\nRECOMMENDATION: Receive and file the September 2023\nTreasurer's Report.\nSTAFF REPORT

2.G. UPDATE ON ECONOMIC DEVELOPMENT INITIATIVES [L.\nBIERY]:\nThe City Council will receive an updated on various economic\ndevelopment initiatives to focus the City’s attention on the retention\nof existing business in West Hollywood and attracting new ones.\nRECOMMENDATION: Receive and file.\nSTAFF REPORT

2.H. LEGISLATIVE UPDATE FOR YEAR 1 OF THE 2023-2024\nREGULAR SESSION OF THE CALIFORNIA LEGISLATURE AND\nFEDERAL ADVOCACY EFFORTS [Y. QUARKER, H. MOLINA]:\nThe City Council will receive the second legislative update report on\nthe City’s lobbying efforts in the California State Legislature during\nYear 1 of the 2023-2024 regular legislative session and a brief\ndescription of current advocacy efforts at the federal level.\nRECOMMENDATION: Receive and file.\nSTAFF REPORT

2.I. AMENDMENT NO. 2 TO THE AGREEMENT FOR SERVICES\nWITH WOLFE ENGINEERING AND DESIGN, INC. [S.\nCAMPBELL, J. GILMOUR]:\nThe City Council will consider approving Amendment No. 2 to the\nAgreement for services with Wolfe Engineering and Design, Inc. for\non-call staff augmentation services increasing the not-to-exceed\namount of the Agreement.\nRECOMMENDATIONS: 1) Approve Amendment No. 2 to the\nAgreement for services with Wolfe Engineering and Design, Inc., to\nincrease the amount of the Agreement by $50,000 for a total not-to-\nexceed amount of $125,000; and 2) Authorize the City Manager or\ndesignee to execute documents incident to the Agreement.\nSTAFF REPORT

2.J. AMENDMENT NO. 3 TO THE AGREEMENT FOR ON-CALL\nPLUMBING AND DRAIN REPAIR SERVICES WITH H.L. MOE\nCO. INC. [S. CAMPBELL, H. COLLINS, E. HAMANT]:\nThe City Council will consider approving Amendment No. 3 with\nH.L. Moe. Co. Inc. to provide on-call plumbing and drain repair\nservices.\nRECOMMENDATIONS: 1) Approve Amendment No. 3 to the\nAgreement with H.L. Moe Co. Inc. to provide on-call plumbing and\ndrain repair services for an increased amount of $200,000 and a\nnew total not-to-exceed amount of $322,600; and 2) Authorize the\nCity Manager or designee to execute documents incident to the\naward of the Amendment.\nSTAFF REPORT

2.K. AUTHORIZE THE USE OF A COOPERATIVE PURCHASING\nAGREEMENT WITH BEAM GLOBAL TO PURCHASE MOBILE\nSOLAR PANEL ELECTRIC VEHICLE CHARGER SYSTEMS [S.\nCAMPBELL, V. GUARINO, H. COLLINS, E. HAMANT]:\nThe City Council will consider approving the use of a cooperative\npurchasing agreement with Beam Global to purchase mobile solar\npanel electric vehicle charger systems.\nRECOMMENDATION: Authorize the Finance & Technology\nServices Department to issue a Purchase Order to Beam Global,\npursuant to the California Department of General Services'\nCooperative Purchasing Agreement, to purchase mobile solar panel\nelectric vehicle charger systems in an amount not-to-exceed\n$336,000.\nSTAFF REPORT

2.L. AWARD OF AGREEMENT FOR MULTIMEDIA TECHNOLOGY\nSUPPORT SERVICES [S. CAMPBELL, H. COLLINS, E.\nHAMANT]:\nThe City Council will consider the award of an Agreement for\nProfessional Services to Waveguide LLC, to provide multimedia\ntechnology support services at City-owned and City-leased\nlocations including on-site technical support for audiovisual (AV)\noperations.\nRECOMMENDATIONS: 1) Approve an Agreement for Professional\nServices with Waveguide LLC, to provide multimedia technology\nsupport services at City-owned and City-leased locations for a total\nnot-to-exceed amount of $803,589; and 2) Authorize the City\nManager, or designee, to execute all documents incident to the\nAgreement.\nSTAFF REPORT

2.M. REJECT ALL BIDS RECEIVED AND RE-ADVERTISE FOR\nCITYWIDE WATER FEATURES MAINTENANCE SERVICES [S.\nCAMPBELL, H. COLLINS, E. HAMANT]:\nThe City Council will consider rejecting all bids received to provide\nCitywide Water Features Maintenance Services and authorizing\nstaff to re-issue and re-advertise the bid.\nRECOMMENDATIONS: 1) Reject the bid to provide Citywide Water\nFeatures Maintenance Services, as submitted on August 23, 2023,\nand return the associated bid bond; and 2) Authorize staff to re-\nissue and re-advertise the bid solicitation for Citywide Water\nFeatures Maintenance Services.\nSTAFF REPORT

2.N. RESOLUTION EXTENDING THE CITY’S DEADLINE TO\nESTABLISH AN ONLINE PERMITTING SYSTEM FOR POST-\nENTITLEMENT PHASE PERMITS [N. MARICICH, B. GALAN]:\nThe City Council will consider adopting a Resolution to extend the\nCity’s deadline to establish an online permitting system for post-\nentitlement phase permits in accordance with State law.\nRECOMMENDATION: Adopt Resolution No. 23-_________, "A\nRESOLUTION OF THE CITY COUNCIL OF WEST HOLLYWOOD\nTO EXTEND THE CITY'S DEADLINE TO ESTABLISH AN ONLINE\nPERMITTING SYSTEM FOR POST-ENTITLEMENT PHASE\nPERMITS TO JANUARY 1, 2026."\nSTAFF REPORT

2.O. RESOLUTION APPROVING AND ADOPTING THE CITY OF\nWEST HOLLYWOOD’S UPDATED LOCAL HAZARD MITIGATION\nPLAN [D. RIVAS, M. KUSTANOVICH]:\nThe City Council will consider approving and adopting the City of\nWest Hollywood’s updated Hazard Mitigation Plan.\nRECOMMENDATIONS: 1) Adopt Resolution No. 23-________ "A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST\nHOLLYWOOD APPROVING AND ADOPTING THE UPDATED\nHAZARD MITIGATION PLAN;" 2) Direct staff to forward copies of\nthe approved and adopted City of West Hollywood Hazard\nMitigation Plan and Resolution No. 23-_____ to the California's\nGovernor's Office of Emergency Services and the Federal\nEmergency management Agency; 3) Authorize staff to make\nmodifications to the City of West Hollywood Hazard Mitigation Plan\nas necessary or as required by the California Governor's Office of\nEmergency Services and/or the Federal Emergency Management\nAgency before next formal five-year update; and 4) Direct staff to\nprocess an amendment to the City of West Hollywood's General\nPlan to incorporate the updated Hazard Mitigation Plan as an\nappendix to the Safety and Noise Element of the West Hollywood\nGeneral Plan 2035.\nSTAFF REPORT\n3. PUBLIC HEARINGS: None.\n4. LEGISLATIVE: None.\n5. UNFINISHED BUSINESS:

6.A. PROPOSED ACQUISITION OF TWO SCULPTURES FOR\nINCLUSION IN THE CITY’S URBAN ART COLLECTION [L.\nBIERY, R. EHEMANN, M. MITCHELL]:\nThe City Council will consider the acquisition of two sculptures,\n"ONE LOVE" and "RELAX UR OK" by artist Scott Froschauer, for\ninclusion in the City’s Urban Art Collection.\nRECOMMENDATIONS: 1) Approve the purchase Agreement for\nacquisition of artworks RELAX UR OK and ONE LOVE from\nWallspace LLC; 2) Authorize the Director of Finance and\nTechnology Services to allocate $55,676.25 from unallocated\nreserves in the Public Beautification & Art Fund to account number\n209-4-10-12-704024 for costs associated with the purchase\nAgreement; and 3) Authorize the City Manager to sign any\nnecessary documents required for the acquisition.\nSTAFF REPORT\nITEM 6.A. - ATTACHMENT A\nITEM 6.A. - ATTACHMENT B

6.B. SUPPORT FOR WEST HOLLYWOOD’S LOCAL BUSINESS\nCOMMUNITY [D. WILSON, J. ROCCO, C. SAFRIET, P.\nKERSPRADIT, L. BIERY]\nThe City Council will consider measures to provide support to West\nHollywood’s local business community and provide direction.\nRECOMMENDATIONS: 1) Consider measures to provide support\nto West Hollywood's local business community and provide\ndirection; 2) Approve a waiver of renewal fees for Business Tax\nCertificates in FY 2023-24 for all businesses that are not delinquent\nas of December 31, 2023 for a total estimated loss in revenue of\n$2,000,000; 3) Approve a waiver of Parking Credit Fees in FY\n2023-24 for all businesses that are not delinquent as of December\n31, 2023 for a total estimated loss of revenue of $400,000; 4)\nApprove a waiver of fees associated with Outdoor Dining Fees for\napplications, administrative permits, and annual encroachment\npermits, excluding any structure-related permits or plan check and\non-street parking space encroachment fees, in FY 2023-24 for all\nbusinesses that are not delinquent as of December 31, 2023 for a\ntotal estimated loss of revenue of $100,000; 5) Direct staff to\nprepare an Agreement for Services with Visit West Hollywood in an\namount not to exceed $300,000 for marketing support for local\nbusinesses and return to City Council for approval; 6) Direct staff to\namended the Minimum Wage Ordinance and implementing\nregulations as necessary to maintain the 96 hours of compensated\nleave for full-time employees with a minimum of 48 hours of sick\nleave accruing at 1 hour for every 30 hours worked for all\nemployees and 48 hours of vacation or personal leave accruing\nafter six months of employment at a rate of 1 hour for every 30\nhours worked for employees that worked on average of 30 hours or\nmore per week (these changes do not apply to "Hotel Workers"); 7)\nDirect staff and the City Attorney to work with business operators in\nthe restaurant and bar industry to develop amendments to the\nMinimum Wage Ordinance that would exempt full-service\nrestaurants and bars from the West Hollywood Minimum Wage that\ncould demonstrate that all employees are receiving a living\ncompensation that is equal to or greater than the West Hollywood\nMinimum Wage Rate (these changes would not apply to "Hotel\nWorkers"); 8) Direct staff to prepare an Agreement for Services with\nFairbank, Maslin, Maullin, Metz & Associates (FM3) in an amount\nnot to exceed $17,750 for a statistically valid survey of the current\nconditions of local businesses and return to City Council for\napproval; and 9) Authorize the Director of Finance and Technology\nService to allocate $317,750 from General Fund Reserves with\n$300,000 to account number 100-3-10-13-533057, Business\nRetention & Attraction, for marketing support for local businesses\nand $17,750 to account number 100-3-10-13-531004, Professional\nServices, for a statistically valid survey of the current conditions of\nlocal businesses.\nSTAFF REPORT\nITEM 6.B. - ATTACHMENT A\nITEM 6.B. - ATTACHMENT B\nITEM 6.B. - ATTACHMENT C\nITEM 6.B. - ATTACHMENT D\nITEM 6.B. - ATTACHMENT E\nITEM 6.B. - ATTACHMENT F\nPUBLIC CORRESPONDENCE 11.15.23

6.C. COMMERCIAL VACANCY TAX [L. MEISTER, S. SHYNE, Y.\nQUARKER, H. MOLINA, M. WATSON]:\nThe City Council will consider directing staff to negotiate an\nAgreement for Services with Fairbank, Maslin, Maullin, Metz &\nAssociates to perform a statistically significant community survey\nand analysis of voters’ opinions on a potential tax on prolonged\ncommercial vacancies. Staff to return to City Council with the\nresults of the polling data and next steps for consideration to place\na commercial vacancy tax measure on the November 2024 ballot.\nRECOMMENDATIONS: 1) Incorporate conducting a statistically\nsignificant community survey for a potential local ballot initiative to\nestablish a commercial vacancy tax into the FY 2023-24 Mid-Year\nBudget and workplan; and 2) Direct staff to return at mid-year with\nan Agreement for Services with Fairbank, Maslin, Maulin, Metz &\nAssociates for a not-to-exceed amount of $46,750 to conduct a\nstatistically valid survey based on the proposed scope of work in\nAttachment A.\nSTAFF REPORT\nITEM 6.C. - ATTACHMENT A\nPUBLIC CORRESPONDENCE 11.16.23

6.D. CO-SPONSORSHIP OF "VIBEZ: A SOBER NEW YEAR\nCELEBRATION" [J. ERICKSON, Y. QUARKER, J. DEL TORO, J.\nDUCKWORTH]:\nThe City Council will consider a request to co-sponsor "VIBEZ: A\nSober New Year Celebration" organized by The Phoenix and\nmembers of the sober community on December 31, 2023, from 9\np.m. to 1 a.m. in West Hollywood Plummer Park’s Fiesta Hall.\nRECOMMENDATIONS: 1) Approve co-sponsorship of "VIBEZ: A\nSober New Year Celebration" organized by The Phoenix on\nDecember 31, 2023, from 9 p.m. to 1 a.m. in Plummer Park's Fiesta\nHall; 2) Authorize the use of the City name and logo on invitations,\nprograms, and other collateral materials; 3) Waive any Facility Use\nFees, Special Event Permit Fees, Encroachment Permit Fees, and\nthe 3-hour parking limit at the Plummer Park parking lot for event\nparticipants (estimated $1,674); 4) Direct the Communications\nDepartment to utilize all appropriate communications tools to\npromote the event such as the City's website and social media\ntools; 5) Authorize the City Manager or his designee to execute\ndocuments incident to the Co-Sponsorship Agreement between the\nCity and the Phoenix; and 6) Authorize the Director of Finance and\nTechnology Services to approve the use of $1,395 from Fiscal Year\n2023-24 budgeted funds in the Special Council Programs account\nnumber 100-1-01-00-531001 for costs associated with the event.

5.A. ADOPTION OF A RESOLUTION SETTING FORTH POLICY TO\nPROHIBIT THE CITY OF WEST HOLLYWOOD FROM USING\nTHE ELLIS ACT ON CITY-OWNED RESIDENTIAL PROPERTIES\n[L. LANGER]:\nThe City Council directed staff to develop a City policy restricting\nthe City from utilizing the Ellis Act to remove units from the housing\nmarket in residential properties acquired by the City, thereby\ndisplacing tenants. Staff has developed said policy as reflected in\nthe attached proposed resolution for the City Council’s\nconsideration and adoption.\nRECOMMENDATION: Adopt Resolution No. 23-________:\n"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST\nHOLLYWOOD PROHIBITING THE CITY'S USE OF ELLIS ACT TO\nREMOVE UNITS FORM THE HOUSING MARKET IN CITY-\nOWNED RESIDENTIAL PROPERTIES."\nSTAFF REPORT\nITEM 5.A. - ATTACHMENT A

5.B. SMALL BUSINESS INITIATIVES IMPLEMENTATION PLAN [D.\nWILSON, J. ROCCO, A. MCINTOSH, N. MARICICH, J. ALKIRE,\nB. GALAN, L. BIERY]:\nThe City Council will receive a Small Business Initiatives\nImplementation Plan prepared by staff in response to a series of\nrecommended initiatives by the West Hollywood Chamber of\nCommerce, as well as previous City Council directives, and\nadditional solutions identified by staff.\nRECOMMENDATIONS: 1) Affirm the guiding principles for\nimplementing the Small Business Initiatives, included below; 2)\nApprove the Phase One Implementation Plan and direct staff to\nbegin work on the actions; 3) Provide direction on the Phase Two\nplan and direct staff to incorporate a proposed work plan and\nbudget for the FY 2024-26 Two-Year Budget Cycle; and 4) Provide\ndirection on the Phase Three plan and direct staff to do further\nresearch on the costs associated with these actions for future\nconsideration.\nSTAFF REPORT\nITEM 5.B. - ATTACHMENT A\nITEM 5.B. - ATTACHMENT B\nITEM 5.B. - ATTACHMENT C

5.C. EXTENSION OF DEADLINE TO REMOVE OR CONVERT\nTEMPORARY OUTZONES TO PERMANENT OUTDOOR DINING\n[D. WILSON, J. ROCCO, R. ABRAMSON, N. MARICICH, J.\nALKIRE, B. GALAN, S. CAMPBELL, J. GILMOUR, L. BIERY]:\nThe City Council will consider a proposal to extend the deadline to\nremove or convert temporary OUTZones to permitted permanent\noutdoor dining, and to amend the West Hollywood Municipal Code\nto reflect the date by which temporary outdoor dining areas shall\nconvert to permitted permanent outdoor dining.\nRECOMMENDATIONS: 1) Approve the outlined proposal to extend\nthe deadline to convert temporary OUTZones to permanent outdoor\ndining; and 2) Introduce on first reading, by title only, of the\nfollowing ordinance: Ordinance No. 23-_________: "AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST\nHOLLYWOOD, CALIFORNIA, AMENDING THE DATE BY WHICH\nTEMPORARY OUTDOOR DINING AREAS SHALL CONVERT TO\nPERMANENT OUTDOOR DINING."\nSTAFF REPORT\nITEM 5.C. - ATTACHMENT A\nITEM 5.C. - ATTACHMENT B\n6. NEW BUSINESS: