West Hollywood — 2024-04-15

2.C. APPROVAL OF DEMAND REGISTER NO. 947 [L. QUIJANO, C.\nCORRALES, S. HERNANDEZ]:\nSUBJECT: The City Council shall receive the Demand Register for period\nending April 5, 2024 pursuant to Sections 37201 to 37210 of the\nGovernment Code of the State of California.\nRECOMMENDATION: Approve Demand Register No. 947 and adopt\nResolution No. 24-022, “A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF WEST HOLLYWOOD ALLOWING AND APPROVING THE\nPAYMENT OF DEMANDS ON DEMAND REGISTER NO. 947”.

2.D. CLAIMS ADMINISTRATION [J. JIMENEZ, M. CROWDER, R.\nRICHARDS]:\nSUBJECT: The City Council is receiving notification that the City’s third-\nparty administrator Carl Warren & Co. has denied one (1) Claim for\nDamages from Nationwide Insurance as subrogee for Rafael Manzano.\nRECOMMENDATION: Receive and file.

2.E. ADOPT ORDINANCE NO. 24-10 (2ND READING) “AN ORDINANCE OF\nTHE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD\nAMENDING TITLE 10, CHAPTER 10.08, SECTION 10.08.260,\nSUBSECTION C OF THE WEST HOLLYWOOD MUNICIPAL CODE,\nIMPLEMENTING PREFERENTIAL PARKING DISTRICT 11\nREGULATIONS ON THE 8300 BLOCK OF ROSEWOOD AVENUE\nBETWEEN SWEETZER AVENUE AND KINGS ROAD” [M. CROWDER,\nL. MORALES]:\nSUBJECT: The City Council will waive further reading and adopt\nOrdinance No. 24-10, amending Title 10, Chapter 10.08, Section\n10.08.260, Subsection C of the West Hollywood Municipal Code,\nimplementing Preferential Parking District 11 regulations on the 8300\nblock of Rosewood Avenue between Sweetzer Avenue and Kings Road.\nRECOMMENDATION: Waive further reading and adopt Ordinance No.\n24-10, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nWEST HOLLYWOOD AMENDING TITLE 10, CHAPTER 10.08, SECTION\n10.08.260, SUBSECTION C OF THE WEST HOLLYWOOD MUNICIPAL\nCODE, IMPLEMENTING PREFERENTIAL PARKING DISTRICT 11\nREGULATIONS ON THE 8300 BLOCK OF ROSEWOOD AVENUE\nBETWEEN SWEETZER AVENUE AND KINGS ROAD”.

2.F. COMMISSION AND ADVISORY BOARD MEETING SYNOPSES [M.\nCROWDER, L. MORALES]:\nSUBJECT: The City Council will receive Synopses from the Public\nFacilities, Recreation, and Infrastructure Commission and the Older Adults\nAdvisory Board regarding actions taken at their recent meetings.\nRECOMMENDATION: Receive and File.

2.G. TREASURER’S REPORT FOR FEBRUARY 2024 [L. QUIJANO, C.\nCORRALES, K. BARENG, S. STEPHENS]:\nSUBJECT: The City Council will receive the Treasurer’s Reports for the\nmonth ended February 2024 pursuant to Section 53646 of the\nGovernment Code of the State of California.\nRECOMMENDATION: Receive and file the February 2024 Treasurer’s\nReport.

2.H. WEHO PRIDE 2024 PLANNING UPDATE [Y. QUARKER, C. SMITH, M.\nREATH, K. MCCORMACK]:\nSUBJECT: The City Council will receive an update on WeHo Pride 2024\nplanning.\nRECOMMENDATION: Receive an update on WeHo Pride 2024 planning.

2.I. APPROVAL OF 40TH ANNIVERSARY CULTURAL HISTORY GRANT\n[L. BIERY, R. EHEMANN, E. ANGELOFF, D. WILSON, C. SAFRIET, V.\nPARRA, Y. QUARKER, A. LOVANO, J. DEL TORO]:\nSUBJECT: The City Council will consider approving the 40th Anniversary\nCultural History Grant guidelines, schedule, and funding as recommended\nby the Arts and Cultural Affairs Commission.\nRECOMMENDATION: Approve the implementation of the 40th\nAnniversary Cultural History Grant, as recommended by the Arts and\nCultural Affairs Commission.

2.J. WEST HOLLYWOOD CITY PLAYHOUSE PROJECT DESIGN AND\nBUDGET UPDATE [J. ROCCO, R. ABRAMSON, M. BARKER, L.\nBIERY, R. EHEMANN, E. ANGELOFF]:\nSUBJECT: The City Council will receive an update on the design of the\nWest Hollywood City Playhouse and a revision to the project’s estimated\nbudget.\nRECOMMENDATIONS: 1) Receive an update on the design of the West\nHollywood City Playhouse and the project’s estimated budget; and 2)\nDirect staff to move forward with the design development and construction\ndocuments phases as outlined herein.

2.K. AMENDMENT NO. 3 TO THE AGREEMENT FOR SERVICES WITH\nWOLFE ENGINEERING AND DESIGN, INC. FOR ON-CALL STAFF\nAUGMENTATION SERVICES [S. CAMPBELL, J. GILMOUR]:\nSUBJECT: The City Council will consider approving Amendment No. 3 to\nthe Agreement for Services with Wolfe Engineering and Design, Inc. for\non-call staff augmentation services, increasing the not-to-exceed amount\nof the Agreement and extending the term.\nRECOMMENDATIONS: 1) Approve Amendment No. 3 to the Agreement\nfor services with Wolfe Engineering and Design, Inc., to increase the\namount of the agreement by $75,000 for a total not-to-exceed amount of\n$200,000 and extending the term; and 2) Authorize the City Manager or\ndesignee to execute documents incident to the agreement.

2.L. AMENDMENT NO. 7 TO THE AGREEMENT FOR SERVICES WITH\nKABBARA ENGINEERING FOR DESIGN SERVICES FOR THE\nMELROSE STREETSCAPE PROJECT [S. CAMPBELL, J. GILMOUR]:\nSUBJECT: The City Council will consider amending the Agreement for\nServices with Kabbara Engineering for professional civil engineering\ndesign services to increase the not-to-exceed amount.\nRECOMMENDATIONS: 1) Approve Amendment No. 7 to the Agreement\nfor Services with Kabbara Engineering to increase the amount of the\nAgreement by $80,000, for a total not-to-exceed amount of $2,480,464;\nand 2) Authorize the City Manager or designee to execute documents\nincident to the Agreement.

2.M. CONSTRUCTION AGREEMENT WITH GENTRY GENERAL\nENGINEERING, INC. FOR CIP 2401, CONCRETE REPAIR PROGRAM\nPHASE XIII – CDBG PROJECT NO. 602618-23 [S. CAMPBELL, J.\nGILMOUR, P. TICUN]:\nSUBJECT: The City Council will consider approval of a Construction\nAgreement with Gentry General Engineering, Inc to construct CIP No.\n2401, Concrete Repair Program Phase XIII – CDBG Project No. 602618-\n23. Pursuant to the provisions of the California Environmental Quality Act\n(CEQA – Public Resources Code, Section 21084 et. Seq.), CIP No. 2401,\nConcrete Repair Program Phase XIII – CDBG Project No. 602618-23,\nmeets the requirements for a categorical exemption in compliance with\nArticle 19, Section 15301, (Class 1 – Existing Facilities).\nRECOMMENDATIONS: 1) Approve a construction contract with Gentry\nGeneral Engineering, Inc. in the amount of $264,473.00 for the\nconstruction of CIP No. 2401, Concrete Repair Program Phase XIII –\nCDBG Project No. 602618-23, and authorize the City Manager or\ndesignee to execute the documents incident to the Agreement; 2)\nAuthorize the City Engineer to approve change orders to the Agreement in\nthe amount not to exceed 10%, ($26,447.30), of the total Agreement\namount; 3) Adopt Resolution No. 24-________: “A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF WEST HOLLYWOOD APPROVING\nTHE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP 2401,\nCONCRETE REPAIR PROGRAM PHASE XIII – CDBG PROJECT NO.\n602618-23, PURSUANT TO GOVERNMENT CODE SECTION 830.6;”\nand 4) Make a finding that pursuant to the provisions of the California\nEnvironmental Quality Act (CEQA – Public Resources Code, Section\n21084 et. Seq.), CIP No. 2401, Concrete Repair Program Phase XIII –\nCDBG Project No. 602618-23, meets the requirements for a categorical\nexemption in compliance with Article 19, Section 15301, (Class 1 –\nExisting Facilities).

2.N. NOTICE OF COMPLETION FOR CIP 2303, SANTA MONICA\nBOULEVARD BETWEEN CRESCENT HEIGHTS BOULEVARD AND LA\nCIENEGA BOULEVARD PAVEMENT REPAIR PROGRAM [S.\nCAMPBELL, J. GILMOUR]:\nSUBJECT: The City Council will consider approving the Notice of\nCompletion for CIP 2303, Santa Monica Blvd Between Crescent Heights\nBlvd. and La Cienega Blvd. Pavement Repair Program by PALP Inc. dba\nExcel Paving Company.\nRECOMMENDATIONS: Staff recommends that the City Council accept\nthe work and authorize the following: a. File the Notice of Completion by\nthe City Clerk with the Los Angeles Recorder’s Office, b Issue the final\npayment to the contractor at the end of the 35 day lien period, c. Release\nof the Performance Bond on the date of recordation of the Notice of\nCompletion, d. Release of the Payment Bond 35 days after the date of\nrecordation of the Notice of Completion, pending no receipt of Stop\nNotices from material suppliers or subcontractors.

2.O. A RESOLUTION IN SUPPORT OF THE CALIFORNIA RIGHT TO\nMARRY AND REPEAL PROPOSITION 8 AMENDMENT BALLOT\nINITIATIVE [Y. QUARKER, A. LOVANO, H. MOLINA, M. WATSON]:\nSUBJECT: The City Council will consider adopting a resolution in support\nof the California Right to Marry and Repeal Proposition 8 Amendment\nballot initiative, which will appear on the November 5, 2024 General\nElection ballot.\nRECOMMENDATIONS: 1) Adopt Resolution No. 24-________: “A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST\nHOLLYWOOD IN SUPPORT OF THE CALIFORNIA RIGHT TO MARRY\nAND REPEAL PROPOSITION 8 AMENDMENT BALLOT INITIATIVE”;\nand 2) Direct staff to send copies of the adopted resolution to California\nGovernor Gavin Newsom, California State Senator Ben Allen, California\nAssembly Member Rick Chavez Zbur, and others as deemed appropriate.

2.P. A RESOLUTION IN SUPPORT OF THE JUSTICE FOR RENTERS ACT,\nA BALLOT INITIATIVE [Y. QUARKER, A. LOVANO, H. MOLINA, M.\nWATSON]:\nSUBJECT: The City Council will consider adopting a resolution in support\nof the Justice for Renters Act, a ballot initiative that will appear on the\nNovember 5, 2024, General Election ballot.\nRECOMMENDATIONS: 1) Adopt Resolution 24-_________: “A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST\nHOLLYWOOD IN SUPPORT OF THE JUSTICE FOR RENTERS ACT, A\nBALLOT INITIATIVE”; and 2) Direct staff to send copies of the adopted\nresolution to California Governor Gavin Newsom, California State Senator\nBen Allen, California Assembly Member Rick Chavez Zbur, and others as\ndeemed appropriate.

2.Q. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST\nHOLLYWOOD ESTABLISHING RULES FOR THE CONDUCT OF CITY\nCOUNCIL MEETINGS AMENDING THE POSTING LOCATIONS,\nADDING A SECTION TO THE AGENDA FOR LEVINE ACT\nREPORTING, AND RESCINDING RESOLUTION NO. 23-103 [J.\nJIMENEZ, M. CROWDER, L. MORALES]:\nSUBJECT: The City Council will consider adopting a Resolution\namending the Rules of Conduct of City Council meetings. The changes\ninclude amending the posting locations and adding a section to the City\nCouncil agenda for Levine Act reporting. It also requests that the City\nCouncil rescind Resolution No. 23-103.\nRECOMMENDATION: Adopt Resolution No. 24-______: “A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST\nHOLLYWOOD ESTABLISHING RULES FOR THE CONDUCT OF CITY\nCOUNCIL MEETINGS AMENDING THE POSTING LOCATIONS,\nADDING A SECTION TO THE AGENDA FOR LEVINE ACT\nREPORTING, AND RESCINDING RESOLUTION NO. 23-103”.\n3. PUBLIC HEARINGS: None.\n4. LEGISLATIVE:

4.A. AMENDMENT TO SECTION 11.28.090 OF THE WEST HOLLYWOOD\nMUNICIPAL CODE TO CLARIFY ELIGIBLE AREAS TO BE\nPERMITTED TO CONVERT TEMPORARY OUTZONES TO PERMITTED\nPERMANENT OUTDOOR DINING [D. WILSON, J. ROCCO, S.\nCAMPBELL, J. GILMOUR]:\nSUBJECT: The City Council will consider updating the outdoor dining\nsection of the West Hollywood Municipal Code to clarify eligible outdoor\ndining areas allowed to convert temporary OUTZones to permitted\npermanent outdoor dining in narrow sidewalk areas that are less than 12\nfeet and within on-street parking spaces that are obstructed by public\ninfrastructure. This amendment to the Municipal Code is exempt from\nCEQA under State CEQA Guidelines, section 15378 and 15061(b)(3).\nRECOMMENDATION: Introduce on First Reading Ordinance No. 24-\n_________: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY\nOF WEST HOLLYWOOD, CALIFORNIA, AMENDING CHAPTER\n11.28.090 “OUTDOOR DINING ON PUBLIC RIGHT OF WAY – ELIGIBLE\nSITES” OF THE WEST HOLLYWOOD MUNICIPAL CODE TO CLARIFY\nELIGIBLE AREAS TO BE PERMITTED TO CONVERT TEMPORARY\nOUTZONES TO PERMITTED PERMANENT OUTDOOR DINING”.

4.B. HUMANE AND SUSTAINABLE BEE REMOVAL [L. LANGER]:\nSUBJECT: The City Council will consider the introduction of an ordinance\nto require the humane and sustainable removal of bee swarms and\ncolonies from all property in the City.\nRECOMMENDATIONS: 1) Introduce on first reading Ordinance No. 24-\n________: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF\nWEST HOLLYWOOD, CALIFORNIA, ADDING CHAPTER 9.55 TO\nARTICLE 4 OF TITLE 9 OF THE WEST HOLLYWOOD MUNICIPAL\nCODE TO PROVIDE FOR THE HUMANE REMOVAL OF BEE SWARMS\nAND COLONIES;” and 2) Delay the effective date of the ordinance by six\nmonths to provide an opportunity to educate the community on humane\nbee removal, including direction to create an informational page on the\ncity’s website and other educational materials for community education.\n5. UNFINISHED BUSINESS:

6.A. CONSTRUCTION AGREEMENT WITH BALI CONSTRUCTION TO\nCONSTRUCT CIP 2204, RULE 20B OVERHEAD TO UNDERGROUND\nCONVERSION LA PEER DR. & ALMONT DR.; AMENDMENT NO. 2 TO\nTHE AGREEMENT FOR SERVICES WITH MAGNA CONSULTING &\nDESIGN FOR ENGINEERING SERVICES; AND AMENDMENT NO. 3 TO\nTHE AGREEMENT FOR SERVICES WITH BERG & ASSOCIATES FOR\nCONSTRUCTION MANAGEMENT & INSPECTION SERVICES [S.\nCAMPBELL, J. GILMOUR]:\nSUBJECT: The City Council will consider approval of a construction\nAgreement with Bali Construction to construct CIP 2204, Rule 20B\nOverhead to Underground Conversion La Peer Dr. & Almont Dr.;\namending the Agreement for Services with Magna Consulting & Design for\nengineering services; and amending the Agreement for Services with Berg\n& Associates for construction management and inspection services.\nRECOMMENDATIONS: 1) Approve a Construction Agreement with Bali\nConstruction, in the amount of $3,572,236 for the construction of CIP\n2204, Rule 20B Overhead to Underground Conversion La Peer Dr. &\nAlmont Dr., and authorize the City Manager or designee to execute\ndocuments incident to the Agreement; 2) Authorize the City Engineer to\napprove change orders to the Construction Agreement in an amount not to\nexceed 20% ($714,447.20) of the total Agreement amount; 3) Approve\nAmendment No. 2 to the Agreement for Services with Magna Consulting &\nDesign to increase the amount of the Agreement by $48,087, for a total\nnot-to-exceed amount of $180,053, and to extend the Agreement to June\n30, 2026, and authorize the City Manager or designee to execute\ndocuments incident to the Agreement; 4) Approve Amendment No. 3 to\nthe Agreement for Services with Berg & Associates to increase the\namount of the Agreement by $1,058,553.50, for a total not-to-exceed\namount of $4,337,137.26, and to extend the Agreement to June 30, 2026,\nand authorize the City Manager or designee to execute documents\nincident to the Agreement; 5) Authorize the City Manager or designee to\nenter into Agreements for Services with various Utility Agencies to\nfacilitate the Project in an amount not-to-exceed $500,000; 6) Authorize\nthe Director of Finance & Technology Services to allocate $4,411,000.00\nfrom unallocated reserves in the Debt Funded Capital Projects Fund for\nconstruction of CIP 2204, Rule 20B Overhead to Underground Conversion\nLa Peer Dr. & Almont Dr and related costs; and 7) Adopt Resolution\nNo. 24-_________: “A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF WEST HOLLYWOOD APPROVING THE DESIGN AND PLANS\nFOR THE CONSTRUCTION OF CIP 2204, RULE 20B OVERHEAD TO\nUNDERGROUND CONVERSION LA PEER DR. & ALMONT DR,\nPURSUANT TO GOVERNMENT CODE SECTION 830.6”.

6.B. SPONSORSHIP OF A PANEL EVENT IN RECOGNITION OF\nNATIONAL FOSTER CARE MONTH [J. ERICKSON, Y. QUARKER, A.\nLOVANO, J. DEL TORO]:\nSUBJECT: The City Council will consider sponsoring a panel event during\nthe month of May in recognition of National Foster Care Month. The panel\nevent is tentatively scheduled to take place on Tuesday, May 21, 2024 in\nthe City’s Council Chambers.\nRECOMMENDATIONS: 1) Direct staff to organize a panel event during\nthe month of May in recognition of National Foster Care Month; 2)\nAuthorize the use of the City name and logo on invitations, programs, and\nother collateral materials for the event; 3) Direct the Communications\nDepartment to utilize all appropriate communication tools to promote the\nevent including, but not limited to, the City’s website, a news release, and\nsocial media; 4) Authorize the Director of Finance and Technology\nServices to allocate $1,500 from Fiscal Year 2023-24 funds in the Special\nCouncil Programs account number 100-1-01-00-531001 for costs\nassociated with the event; and 5) Waive the Facility Use fee for the City\nCouncil Chambers for the event, parking fees at the 5-story parking lot for\nattendees, and any other ancillary City permits that may be required for\nthe event (estimated $1,240 in waived fees).

1.A. PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS WHICH HAVE\nNOT BEEN REMOVED FROM THE CONSENT CALENDAR:

1.B. PUBLIC COMMENTS, GENERAL INTEREST:\nCITY MANAGER’S REPORT: This time has been set aside for the City Manager to\nupdate the Council on important items initiated by staff or previously requested\nby the City Council.

5.A. UPDATE ON THE MINIMUM WAGE ORDINANCE [D. WILSON, J.\nROCCO, C. SAFRIET, P. KESPRADIT, L. LANGER, L. BIERY, T.\nCOYNE]:\nSUBJECT: The City Council will receive an update regarding the\nMinimum Wage Ordinance and provide related direction as needed.\nRECOMMENDATIONS: 1) Receive an update on marketing support for\nlocal businesses services by Visit West Hollywood; 2) Receive an update\non the recent surveys of West Hollywood employees and employers; 3)\nReceive an update on outreach to organized labor advocates; 4) Receive\ninformation related to new and closed business tax certificates for 2018\nand 2019; 5) Receive an update on research related to compensated\nleave time for small and large businesses; 6) Receive clarifying\ninformation updates to the Minimum Wage Ordinance Administrative\nRegulations; 7) Receive an update on the Minimum Wage Ordinance,\nincluding the annual increase to the minimum wage rate, local\nenforcement, and related information; and 8) Provide any follow-up\ndirection related to item 6.B. from the November 20, 2023 City Council\nmeeting regarding the Minimum Wage Ordinance.

5.B. CREATION OF A BUSINESS TASK FORCE [D. WILSON, J. ROCCO,\nC. SAFRIET, P. KESPRADIT, L. BIERY, T. COYNE, D. PURIFICACION]:\nSUBJECT: The City Council will receive an update regarding the\nframework and guidelines for the Business Task Force.\nRECOMMENDATIONS: 1) Establish a non-Brown Act Body Business\nTask Force consisting of nine individuals from the community who\nrepresent business owners in a variety of industries, including but not\nlimited to: restaurants and bars, hotel and tourism industry, retail\nbusinesses, design industry, artists/arts organizations, and personal care\nindustry with an effort on recruiting representatives from both large and\nsmall businesses and LGBTQ+-, BIPOC-, women-, and city resident-\nowned businesses; 2) Approve the proposed framework and guidelines for\nthe Business Task Force as described in this staff report; and 3) Direct\nstaff to notice and accept applications for the Business Task Force from\nMay 1, 2024 to June 30, 2024.

5.C. WEAVER’S WALK PROJECT UPDATE [J. ROCCO, R. ABRAMSON,\nM. BARKER, S. CAMPBELL, L. BIERY, R. EHEMANN, M. MITCHELL]:\nSUBJECT: The City Council will receive an update outlining recent\ndiscussions with adjacent property owners and then provide direction\nregarding completing the Weaver’s Walk project.\nRECOMMENDATIONS: 1) Receive an overview of the community\nprocess to date and new potential options that were developed by staff\nand the design consultant team based on concerns expressed by adjacent\nproperty owners with respect to the quantity, size, and locations of trees\nwithin the project; 2) Give direction regarding the following options for\nmoving the project forward and into construction. a. Option A: Modified\nWeaver’s Walk design, which includes tree reductions, relocations, and\nspecies changes from the design approved by City Council on May 1,\n2023, or some Council-modified version thereof, b. Option B: Significantly\nReduced Weaver’s Walk design, which includes more extensive tree\nreductions, relocations, and species changes from the design approved by\nCity Council on May 1, 2023, or some Council-modified version thereof, c.\nOption C: Integrate an interim solution, reengage the community, take the\nbalance of the year to redesign and rebid the project, and return to Council\nwith the results of this process.

5.D. APPOINTMENTS TO THE SOCIAL JUSTICE AND TRANSGENDER\nADVISORY BOARDS [J. JIMENEZ, M. CROWDER, L. MORALES]:\nSUBJECT: Vice Mayor Byers and Councilmember Meister will make their\ndirect appointment to the Transgender Advisory. The City Council will\nconsider an at-large appointment to the Social Justice Advisory Board.\nRECOMMENDATIONS: 1) Vice Mayor Byers to make her direct\nappointment to the Transgender Advisory Board with a term ending\nFebruary 28, 2025; 2) Councilmember Meister to make her direct\nappointment to the Transgender Advisory Board with a term ending\nFebruary 28, 2025; and 3) The City Council will consider making an at-\nlarge appointment to the Social Justice Advisory Board with a term ending\nFebruary 28, 2025.\n6. NEW BUSINESS: