CITY OF HIDDEN HILLS
REGULAR CITY COUNCIL MEETING
(IN-PERSON AND VIDEO CONFERENCE)
6165 Spring Valley Road
Monday, May 13, 2024
5:30 p.m.
MINUTES
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
A regular meeting of the City Council of the City of Hidden Hills was duly held via teleconference and in person on Monday, May 13, 2024 at the hour of 5:30 p.m. Mayor Eniko Gold called the meeting to order and presided thereover.
ROLL CALL
Council: Mayor Eniko Gold
Mayor Pro Tem Larry G. Weber
Council Member Joe Loggia
Council Member Laura McCorkindale
Council Member Adam Wasserman
Staff: Interim City Manager Marcella Marlowe
Interim City Attorney Michael Jenkins
City Engineer Dirk Lovett
Administrative Analyst Aaron Williams
City Clerk Deana L. Gonzalez
PUBLIC COMMENT
Resident Bret Katz expressed dissatisfaction with the recent changes to the meeting format, specifically the consolidation of multiple items under the consent calendar. He raised concerns that this new format limits the public's ability to comment on individual items, as consolidating everything into one calendar reduces the time available for addressing each item. Mr. Katz criticized this approach for hindering resident participation and urged for a reconsideration of how public comments are handled in future meetings.
Resident Mathy Wasserman expressed concerns about the recent shift to consolidating multiple City Council actions into the consent calendar. She argued that this change restricts transparency and limits community input, as residents are constrained to a brief speaking time on numerous items combined into a single agenda.
Ms. Wasserman highlighted issues such as insufficient disclosure about Covered 6, the timing of agenda documents, and a perceived disconnect between the Council's stated commitment to increased public City Council Minutes
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participation and the actual format of the meetings. She urged the Council to reconsider this approach to allow more time for discussion and community feedback on significant matters.
CITY COUNCIL COMMENTS
Tomorrow, Mayor Pro Tem Weber will attend a conference as the City's representative to the California JPIA.
The conference aimed at helping city council members become better council members. In the past, he had not known about this conference, so he wanted to thank Interim City Manager Marlowe for informing him about it.
Mayor Gold announced that the City and Building and Safety Department will be closed and no inspections done on Monday, May 27 in honor of Memorial Day.
STAFF COMMENTS
Interim City Manager Marlowe addressed the concerns about the Consent Calendar, explaining that the consent process is typically used for items expected to be non-controversial or uncontroversial. She noted that Council Members have the option to vote 'no' on consent items or request that specific items be pulled for further discussion if needed. Marlowe emphasized that while the concept of consent is flexible, especially when opinions are already established, routine business matters can be included without strict adherence to rules based on monetary value or item type. She reassured Ms. Wasserman and the public that active participation in the democratic process is encouraged and valued.
CONSENT CALENDAR
A. Approval of the City Council Minutes for February 12, 2024 and February 26, 2024 B. Approval of the Register of Demands for May 13, 2024 C. Receive and File the Disbursement List for March 2024 D. Receive and File the Financial/Treasurer's Report for March 2024 E. Receive and File the Investment Statement for March 2024 F. Receive and File the Financial Statements and Independent Auditor's Report for Measure W Fund for Fiscal Years Ended June 30, 2021, 2022, and 2023
G. Approval of a Professional Services Agreement with Willdan Engineering to Provide Consulting Services for a Term of Three Years Related to Compliance with Water Quality Regulations in an Annual Amount Not-To-Exceed $99,500
H. REMOVED FOR FURTHER DISCUSSION
REMOVED FOR FURTHER DISCUSSION
J. Receive and File the Los Angeles County Sheriff's Department Report - March 2024 K. Receive and File the Los Angeles County Fire Department Report - March 2024 L. Receive and File the Las Virgenes Malibu Council of Governments (LVMCOG) Report for April 16 and April 24, 2024
M. Approval of a Five-Year City-County Municipal Services Agreement with Los Angeles County Animal Care and Control
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N. Termination of Agreement with Burke, Williams, and Sorenson to Provide Legal Services Related to the City's Library Project
Approval of an Agreement with Dr. Jonathan Reichental to Provide Consulting Services to Assist with the Conceptual Planning and Development of Artificial Intelligence (Al) Library Services
Discontinue the Use of Recycled Water for the Watering of the Spring Valley Arena and for City Landscape Irrigation
Q. REMOVED FOR FURTHER DISCUSSION
R. Appointment of Director and Alternate to the Board of Directors of the California Joint Powers Insurance Authority (CUPIA)
Authorization to Proceed with Little Hollow Undergrounding Project Resident Britt Aaronson raised several concerns during the meeting. She requested clarity on the findings of the consultant hired in December 2023 and how restricted LA County library funds will be used in Hidden Hills, including the timeline for their utilization. Ms. Aaronson also asked when LA County residents in Hidden Hills can expect access to their entitled library services and highlighted the cancellation of the MOU with the City of Calabasas in February 2023, urging transparency about this decision. Additionally, she expressed concerns about the removal of posts from the Hidden Hills Community Page and comments from the mayor suggesting that public privileges could be affected by not having private conversations.
Council Member Loggia pulled Items 6H, 6l, and 6Q for further discussion. 6H: Approval of a Professional Services Agreement with Network Television Time (NT) to Provide Broadcasting and Engineering Support Services in an Amount Not-To-Exceed $107,000 and Approve a Budget Adjustment of $5,000
Council Member Loggia asked Interim City Attorney Jenkins if amended language reflecting that all paid and current invoices have been paid and there are no outstanding balances. Mr. Jenkins concurred, and as there was no disagreement by the other Council Members, he will amend the agreement per Mr. Loggia's suggestion.
Upon MOTION by Council Member Loggia, seconded by Council Member McCorkindale and unanimously carried on roll call vote, it was moved to approve item 6H of the Consent Calendar. 6l. Receive and File the City Engineering and Community Development Report for April 2024 Council Member Loggia stated that it looks like there may have been a discrepancy between what was decided by the Council and what's reflected in the engineer's report regarding the status of the undergrounding and fiber projects. Specifically, he believes the Council's decision was to pause all undergrounding efforts, excluding Little Hollow and Jed Smith, and to have those two projects investigated further before reporting back. I just want to ensure that the engineer's report accurately reflects this decision.
City Council Minutes
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May 13, 2024
Upon MOTION by Council Member Loggia, seconded by Council Member McCorkindale and unanimously carried on roll call vote, it was moved to approve item 6H of the Consent Calendar. 6Q. Approval of Budget for Purchase of Council Chambers Design Services, Furniture, and Associated Costs.
Council Members expressed concerns about the expenditure amount of $215,000, questioning whether such a significant expense should be discussed more thoroughly rather than being included in the consent calendar.
Interim City Manager Marlowe provided background on the project, noting that in 2017, the City Council adopted a goal to consider upgrades to City Hall, including the Council chambers. This goal was reaffirmed in 2018, but delays due to escalating costs and COVID-19 affected progress. The current proposal includes moving forward with design and procurement of furniture, as designed by Camille in 2019. The total budget of $215,000 covers a professional services agreement with StudioMA, furniture, seating, minor improvements, and wiring.
Council Members raised questions about the potential impact on ADA compliance and whether the project could be managed as a single comprehensive remodel or in phases. Interim City Manager Marlowe clarified that the current proposal focuses solely on purchasing furniture and minor improvements, with significant remodeling and ADA compliance not included in this budget. The intent is to get a head start on the project while allowing flexibility to address any issues in future phases.
Ms. Camille Mugdrechian-Armen, of StudioMA is available for questions about the specifics of the design and its compatibility with existing and future improvements. The Council must decide whether to proceed with the proposed budget or consider a more integrated approach.
There are concerns regarding the City Council Chambers project, particularly about the $18,000 design services fee and its potential overlap with the 2019 design work. Council Members are wary of duplicating efforts and incurring unnecessary costs. Questions have also arisen regarding discrepancies between the new design images and the existing room layout, prompting a need for clarification on how the new designs will integrate with current and planned changes. Council Member McCorkindale emphasized the importance of reviewing past expenses to ensure transparency in comparing previous and current costs. The analogy of buying furniture before designing a house, highlights concerns about the process being followed. The original designer is available to address these issues and clarify her scope of work, with the goal of ensuring that new design efforts align with previously established plans and that all expenditures are justified.
Ms. Mugdrechian-Armen provided an overview of the design process and the current phase of the project.
She explained that their initial contract involved evaluating the City Hall and considering various improvements, including ADA compliance and potential changes to the entry. This phase was a schematic review aimed at providing the City Council with an understanding of the project's magnitude, starting as early as 2017, with more concrete work done in 2019. Due to budget and timing constraints, the project was put on hold.
City Council Minutes
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Subsequent design development allowed for more detailed planning and enabled the city to obtain accurate contractor bids. Although the design remains relevant, the project was not advanced to construction documents at that time. The current contract focuses on specific elements, like the dais and integrated power systems, addressing issues such as exposed wiring.
The current $18,000 fee covers this first phase, which includes refining the design and preparing for future phases, without redoing any previous work. Camille emphasized that the design was created to be timeless and easily integrated into future updates. The fee also reflects discounts for previous work and the avoidance of duplicative efforts.
Resident Bret Katz expressed concerns about the progress and transparency of the library project, noting that it has been a year with minimal updates. He inquired about the accomplishments of the consulting and legal teams involved, mentioning that he has not seen any detailed information from these consultants. He also questioned the goals and definitions of Al library services, expressing uncertainty about what the project aims to achieve. Katz is interested in understanding how Al might be applied in this context, as he has seen its use in other areas like traffic management and public safety. He is concerned that poor vision and strategy could lead to high costs with minimal results.
Katz also highlighted that many communities are already delivering services digitally and questioned what this project will do differently compared to existing solutions. Additionally, he mentioned the recent switch from Burke, Williams & Sorensen to Best Best & Krieger and asked if the new firm provided any useful insights or services. He is interested in learning if there were any new developments or information gained from this transition. Lastly, Katz referenced a separate item about changes to city manager rules and noted that he will address that in a different context.
Resident Mathy Wasserman expressed frustration over the ongoing library project, particularly regarding the inclusion of consulting and legal services under the consent agenda. She highlighted that library-related issues have been a frequent topic of discussion and expressed disappointment with previous consultants, specifically Rethinking Libraries, whose Zoom presentation was unsatisfactory. Wasserman questioned the spending on the legal firm Burke Williams and wondered if restricted library funds are being used to avoid fulfilling library commitments, given the project's lack of progress since February of the previous year.
She acknowledged Jonathan Reichenthal's extensive experience in Al but found it perplexing that his expertise does not seem to include Al applications for libraries, based on her review of his publicly available information. Wasserman was critical of spending approximately $9,000 to $9,500 on a consultant without evidence of relevant work or publications in Al for libraries. While she understands Al's potential to enhance library services through efficiency and innovation, she questioned its application in their context, noting that the community has repeatedly expressed a desire for library services similar to those previously provided by the City of Calabasas.
Resident Mathy Wasserman raised concerns about legal and consulting expenses related to the interim city attorney and executive recruiting. She questioned the $29,000 spent on interim city attorney fees and executive recruiting, expressing confusion over the lack of itemized billing details. Wasserman noted that her previous City Council Minutes
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experience on a board included detailed hourly billing from attorneys, which she is not seeing here. She sought clarification on whether these expenses are typical and why itemized bills are not provided. The response indicated that attorney billing is often considered privileged, showing only summaries of totals, while Alliance Resource Consulting was hired for executive recruiting services. It was suggested that Wasserman could discuss her concerns further with the city for additional clarity.
Council Member Loggia asked for clarification on why the city is binding itself to a retroactive agreement for the last five years when services have already been received without a formal agreement. The city attorney explained that this process is about cleaning up the record. The city has been paying for services without written agreements, which is not a good practice. By formalizing the agreements, the city can provide documentation for any audits and demonstrate that payments are based on a contractual arrangement. The city attorney assured that there are no concerns about potential liabilities for past payments or issues from vendors about unpaid amounts. The agreement is designed to address past practices and ensure future payments are properly documented. If necessary, additional provisions can be added to address any concerns.
Interim City Manager Marlowe noted that this is part of a broader effort to rectify procedural and organizational issues. The extensive review and documentation of past agreements have contributed to the length of the consent calendar but are essential for proper governance.
Resident Bret Katz raised concerns about the current contract's terms and the cost of broadcasting services.
He questioned where the requirement for two meetings per month is stated, given that the city has switched to one meeting per month. He also expressed confusion over the necessity of the broadcasting services, noting that not all community members can access the broadcasts, especially those using services like DirecTV.
He suggested that since the city provides a functional website and uses Zoom, it may not be necessary to spend additional money on broadcasting. Katz emphasized the importance of understanding how many people are actually using the broadcast service and whether it justifies the expenditure.
Interim City Attorney Jenkins noted that the indemnification provision was inadvertently omitted from a few lines in items H, I, N, and J when the final agreements were prepared or transmitted to the city. This issue has now been corrected, and the city has received the updated versions with the previously missing indemnity clauses included. These clauses define 'indemnity' and ensure that the indemnification covers the city, its officers, employees, and agents. Jenkins clarified that, when the Council approves the consent calendar tonight, they will be endorsing these amended versions with the corrected indemnification language, rather than the versions initially provided in their packets. The revisions are solely related to the indemnification clause, which stipulates the contractor's legal obligation to protect the city and its representatives from any liability resulting from the contractor's negligence.
Council Member Loggia directed his question to Interim City Attorney Jenkins and Interim City Manager Marlowe, asking whether it makes sense to approve disbursement lists for payments that have already been made. He suggested that it might be more appropriate to receive and file such lists since they have already been approved in the list of demands. Interim City Manager Marlowe agreed with Council Member Loggia's perspective but indicated that she would discuss the matter further with Mr. Jenkins. They plan to return next month with clarification on the correct procedure.
City Council Minutes
Regular Meeting
May 13, 2024
Council Member Loggia also expressed his appreciation for Accounting Specialist Hernandez's updates to the documents. He noted that while the format of the documents has not been completely overhauled, it has been improved. Despite the documents being on the consent agenda, he reassured the public that he reads each document thoroughly.
NEW BUSINESS
A. Approval of an Unreasonable Hardship Appeal to Repair an Existing Shake Roof at 5511 Bonneville Road (Egloff)
On April 4, 2024 staff observed ongoing repair and replacement of a large section of shake roof at the subject property. The Hidden Hills Municipal Code (HHMC) prohibits repairs to shake roofs in excess of 50 square feet. It is required that the entire roof be replaced with Class A (fire resistant) material. Because the observed roof repair was in excess of 50 square feet (estimated at roughly 500 square feet), the Building Inspector issued a notice of violation.
City of Hidden Hills Municipal Code (HHMC) Section 5-5G-3 states:
"1. If a roof repair, addition or alteration exceeds 50 square feet of area of the existing building or structure in any 12 month period, the entire roof covering shall be made to conform to the roof covering material requirements of a new building or structure.
2. If a roof repair, addition or alteration does not exceed 50 square feet of area of the existing building or structure and the existing building or structure has an ordinary roof covering consisting of wood shingles or wood shakes, the new roof covering may consist of any system of wood shingles or shakes having a Class A rating complying with UBC Standard No. 15-2.
3. If upon appeal to the City Council, the City Council determines the above exceptions create an unreasonable hardship for the applicant, the City Council may increase the allowed area up to a maximum of 500 square feet."
After receiving the notice of violation, the resident filed a hardship appeal to the City Council. This appeal states that recent storms have damaged their home and that the applicant cannot afford to replace the entire roof. It should be noted that similar appeals were approved by the City Council on June 24, 2013 and August 10, 2020. The property is not located in the high fire hazard severity zone as mapped by the County of Los Angeles Fire Department. Other homes in the vicinity have Class A roofs, as required by the HHMC. If the City Council can make the finding that HHMC 5-5G-3 creates an unreasonable hardship on the applicant, it should direct staff to issue a building permit to repair not to exceed 500 square feet of shake roof. If the City Council cannot make the finding it should deny the applicant's request. It would be staff's recommendation that the City Council make the finding that HHMC 5-5G-3 creates an unreasonable hardship on the applicant, and direct staff to issue a building permit to repair not to exceed 500 square feet of shake roof.
City Council Minutes
Regular Meeting
May 13, 2024
Approval of Ordinance No. 391, Amending Section 1-8-1 Of Chapter 8 of Title 1 of the Hidden Hills Municipal Code, Relating to the City Manager Powers And Duties, Removal Procedures, Compensation, and Bond Requirements Thereof and Finding the Action Exempt from CEOA - First Reading
Section 1-8-1 of the Hidden Hills Municipal Code, which governs the position of City Manager, is set for an update. The section currently contains provisions that are obsolete, inconsistent with current City practices, or inconsistent with best practices. It is recommended that the City Council consider adopting the ordinance attached to this report to update Section 1-8-1. The proposed ordinance makes several substantive changes, including:
1. Amending Paragraph C: The ordinance aims to clarify the procedures for when the City Manager is temporarily or permanently absent or unable to perform their duties.
Defining Absence Terms: The terms "temporary" and "permanent" absence are now clearly defined to avoid confusion.
3. Council Responsibility: In the case of a permanent absence, the responsibility to fill the City Manager position is explicitly placed with the City Council.
4. Hiring and Firing Authority: The ordinance stipulates that no person performing the duties of an absent City Manager may hire or fire an employee without the authorization of the City Council.
The proposed updates to Section 1-8-1 of the Hidden Hills Municipal Code aim to bring the City Manager's • position in line with current practices and best practices. The ordinance includes several key amendments:
1. Paragraph D: The removal procedure for a City Manager is updated to conform to modern practices and standard employment agreements for at-will employees. The ordinance removes the requirement that the City Manager's employment agreement be indefinite in duration.
2. Paragraph E: The requirement for a fixed term for the City Manager's employment is removed, providing the Council with flexibility to negotiate the timing of the removal of a City Manager as part of an employment agreement.
3. Paragraph F: The ordinance eliminates the requirement that City Manager compensation be established by "resolution or motion." Instead, compensation will be governed by an employment agreement.
Surety Bond**: The requirement for the City Manager to post a surety bond is deleted.
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5. **Paragraph H**: The authority of the City Manager over the hiring and removal of subordinate employees is clarified.
6. **Paragraph K**: It clarifies that Councilmembers may not give direction or orders to subordinate employees, reinforcing the city manager/city council form of government.
These changes are designed to provide more flexibility and align the city's management structure with modern employment standards. It is recommended that the City Council introduce Ordinance No. 391 for the first
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL:
A. Anticipated Litigation; Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): Number of Potential Cases: 1
Public Employment
Government Code Section 54957 (b)(1)
Title: City Manager
REPORT ON CLOSED SESSION
10. ADJOURNMENT
here being no further business to come betore the Council, the meeting was adjourned Eniko Gold, Mayor