CITY OF HIDDEN HILLS
REGULAR CITY COUNCIL MEETING
(IN-PERSON AND VIDEO CONFERENCE)
6165 Spring Valley Road
Tuesday, July 15, 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 Tuesday, July 15, 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 (6:57 p.m.-Excused from beginning of meeting) Council Member Joe Loggia
Council Member Laura McCorkindale
Council Member Adam Wasserman
Staff Interim City Manager Marcella Marlowe
Interim City Attorney Michael Jenkins
City Clerk Deana L. Gonzalez
City Engineer Dirk Lovett
Associate Engineer George Yacoub
Administrative Analyst Aaron Williams
PUBLIC COMMENT
As a resident of Hidden Hills, I, Marsha Weidman, wish to address an important issue regarding two parcels of land at the front gate and on Valley Circle. In 1992, Caltrans widened the freeway bridge, resulting in the loss of a quarter-acre of open space, prompting them to designate the one-acre parcel at the front gate as a mitigation area for open space, which was to include equestrian and pedestrian trails.
In 1999, Boething, the owner of Tree Land, was given ownership of this property with the promise that no development would occur, and he created an easement to protect the land. However, following his passing, Tree Land is now pursuing development on this parcel, which violates the original agreements. I urge the City Council to protect the one-acre parcel as open land and prevent any development. It is essential to clarify the city's plans to ensure that our community's open spaces and trails are safeguarded as intended. Thank you for your attention to this matter.
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Council Member Wasserman stated that he believed that she is in describing the legal instrument as conservation easement. This would indeed sever the development rights from the property and place them in trust to prevent any future construction, preserving the land as open space in perpetuity. As for my knowledge of the specifics, I have not yet had the opportunity to examine a title report to determine when the easement was recorded and perfected. I understand that this information would be crucial to clarify the rights associated with the property and who is responsible for protecting those rights moving forward.
As Interim City Attorney, I want to clarify some key points regarding the mitigation parcel and the complexities surrounding it. My impression is that the conservation easement primarily applies to the mitigation parcel since it was purchased for a nominal fee of one dollar, while the excess parcel was acquired for what I understand to be fair market value, specifically half a million dollars. The deed restriction related to the mitigation parcel is in favor of the State of California's Department of Fish and Game. Currently, I have not seen any entitlement related to this mitigation parcel. However, I want to assure you that this is an issue we are aware of and are actively monitoring. The City Council shares a vested interest in ensuring that any potential development does not adversely affect the residents of Hidden Hills. If a project appears potentially detrimental, we are prepared to take our role seriously, including the option to comment to the City of Los Angeles regarding inadequate environmental reviews or any violations of deed restrictions or covenants. The City Council will continue to keep tabs on this matter and will work diligently to protect our community's interests. Thank you.
CITY COUNCIL COMMENTS
Mayor Gold began her comments by acknowledging that this is their last meeting with Interim City Manager Marcella Marlowe. She expressed gratitude for her leadership and dedication during this transitional period.
Next week, the City will welcome the new City Manager, Claire Whitley. The City Council asks everyone to be patient as she acclimates to her new role, and Mayor Gold is confident that she will do an excellent job in serving the community. In her second comment, Mayor Gold addressed library services. She reminded everyone that, as communicated over the past year, access to library services has not been interrupted for residents of Hidden Hills. There had been some confusion regarding fees, but she confirmed that Calabasas will not be charging Hidden Hills residents a $100 fee to use their library services. This fee has officially been removed from their fee schedule, and it has always been the Council's intent to ensure that access remains free for residents. Mayor Gold assured the community that the City is continuously exploring new ideas for library services specific to Hidden Hills and expressed appreciation for their support. She emphasized that enthusiasm for continuing to serve the community.
Council McCorkindale stated that In 2019, our Council established a goal to protect single-family housing in Hidden Hills, aiming to prevent the construction of apartment buildings or duplexes among our homes. This goal has remained a priority for us. As part of that initiative, we also began exploring the possibility of becoming a Charter city rather than continuing as a general law city. For context, of California's 432 cities, approximately 120 are charter cities. Recently, a court decision has emerged that may impact how charter cities City Council Minutes
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July 15, 2024
operate, potentially providing them protection from having to comply with certain state housing changes.
Charter cities operate under their own municipal constitutions, which grants them more independence from state law. Given the current legal environment and the interest among various cities in exploring the transition to charter status, I believe it is time for our Council to formally pursue this exploration. Not only could becoming a charter city help us defend our local control and constitutional rights regarding housing, but it also offers additional flexibility in areas such as contracting, purchasing policies, election procedures, taxation, and the overall structure of governance. With Council consent tonight, I would like to instruct city staff to investigate the feasibility of this transition to a Charter city. This would ultimately require local approval through a vote. I propose that Ms. Molleda, who has experience in this area from her previous role as a city manager, lead this effort. If the exploration shows promise, we can consider placing this on the ballot, which could potentially happen as soon as 2026, although time is of the essence if we want to include it in an upcoming election. I am seeking Council consent to begin exploring the pros and cons of making Hidden Hills a Charter city. The City Council was in agreement.
STAFF COMMENTS
There were no comments.
PUBLIC SAFETY
A. Michael Grant, Public Safety and Emergency Services Manager Public Safety and Emergency Services Manager Mike Grant presented a detailed report that shows the effort to monitor and report on the public safety activities within the community. The breakdown of minutes spent by the various units, as well as the compliance percentages, provides valuable insights into how the resources are being utilized. The increase in community deputy engagement is also noteworthy.
B. Los Angeles County Sheriff Department Report - May
Deputy Brian Knott introduced himself and stated that he has been with the Department for Lost Hills for approximately 17 years, serving in Hidden Hills for the same duration. He was involved in the home invasion case concerning a former resident about six years ago, which many in the community may remember. His report included a May summary of 2 incidents of family assaults; 1 grand theft; 2 trespassing, and 1 computer takeover, classified as grand theft. As part of his ongoing efforts to enhance community safety, he would like to strongly advise residents to refrain from sharing their passwords and to be cautious about phone calls claiming to offer help with computer issues. He warned that If anyone receives a call requesting personal information such as passwords or credit card details, it is imperative that they respond with a firm "no."
7. CONSENT CALENDAR
A. Approval of the City Council Minutes for June 18, 2024 B. Approval of the Register of Demands for July 15, 2024 Receive and File the Disbursement List for May 2024
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D. Receive and File the Financial/Treasurer's Report for May 2024 E. Receive and File the Investment Statement for May 2024 F. Receive and File the City Engineering and Community Development Report for May 2024 G. Receive and File the Las Virgenes Malibu Council of Governments (LVMCOG) Report for June 24, 2024
PULLED FOR FURTHER DISCUSSION
l. Approval of an Agreement with Lanspeed to Provide IT Services J. PULLED FOR FURTHER DISCUSSION
K. Recommendation to Declare 2018 Nissan Leaf as Surplus Property and Authorize Staff to Sell or Dispose as Necessary
L. Approval of an Agreement Between the City of Los Angeles and City of Hidden Hills for Monitoring Pursuant to the Santa Monica Bay Beaches Bacteria Total Maximum Daily Load (TMDL)
Receive and File the LVMWD Water Supply and the Future of Water Report Mayor Gold pulled Item H from the consent calendar to address the community about significant upcoming water rate increases announced by the Metropolitan Water District of Southern California. She highlighted the 11% rate increase in 2025 and another 10% increase in 2026, along with an additional $3 per month charge for medium-value homes-effectively doubling the existing ad valorem property tax. She explained that these increases are driven by inflation, declining water sales, the need to upgrade infrastructure, and compliance with stricter regulations. Mayor Gold emphasized the importance of public awareness and engagement. "It's crucial that our residents are informed and have a voice in this matter.
She then asked if there was any public comment to which resident Bret Katz approached the podium to ask why the LVMWD is not at the meeting in person to provide such a report. Council Member Loggia asked staff to research and see if it has been a past practice for the LVMWD to come in person to present the report to the residents.
Upon MOTION by Council Member Loggia, seconded by Council Member Wasserman, and carried on a roll call vote, 4-0-1, it was resolved to approve Item H on the consent calendar.
J. Authorization to Advertise for Construction Bids for the Little Hollow Utility Undergrounding Mayor Gold pulled Item J from the consent calendar to highlight this item to the residents. The City Council had put a pause in the City's undergrounding efforts, except for 2 projects already in the works to allow the Hidden Hills Community Association to find a solution for the easements the city needs. The Little Hollow project was one of the 2 exempted projects and it is moving forward.
Upon MOTION by Council Member Wasserman, seconded by Council Member McCorkindale, and carried on a roll call vote, 4-0-1, it was resolved to approve Item J on the consent calendar City Council Minutes
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Resident Bret Katz raised several questions regarding agenda items, including the discussion of the engineering process related to the Mureau project. There is a mention that conceptual rendering options are supposed to be presented at this meeting and is that still scheduled to happen? In response to his question, it was an oversight on staff's part as they anticipated a longer meeting, but some items, including the Mureau Project weren't ready for discussion tonight.
Mr. Katz then shifted the topic to another agenda item concerning the regional Smart Cities fiber project discussed at the Las Virgenes COG meeting, and he'd like to understand what this project entails and how it impacts Hidden Hills, and discuss its implications for our community? In response to resident Bret Katz's questions regarding the regional fiber project and its implications for Hidden Hills, Mayor Gold responded that it is indeed a significant initiative that involves all five cities: Malibu, Calabasas, Hidden Hills, Agoura Hills, and Westlake Village. This regional fiber network will not only connect our city halls but also important infrastructure such as schools, fire stations, and sheriff stations, which is essential for our emergency response capabilities. She continued that for Hidden Hills, this project represents a major opportunity to utilize Measure M funds to improve our local infrastructure, a process that has previously been challenging due to our gated nature, which limits public access. The implementation of this fiber network is a perfect example of how we can leverage those funds for the benefit of our community. She added that the fiber would run through Hidden Hills to connect directly to our city hall with other municipalities, reinforcing the community's connectivity and resilience. Before concluding, Mayor Gold reminded the community, that if they're interested in delving deeper into this project, the COG meetings are recorded and available on YouTube.
Upon MOTION by Council Member McCorkindale, seconded by Council Member Wasserman, and carried on a roll call vote, 4-0-1, it was resolved to approve items A, B, C, D, E, F, G, I, K, L of the consent calendar as submitted.
8. OLD BUSINESS
A. Approval of an Updated Exclusive Franchise Agreement and Authorization to Release the RFP for City's Solid Waste Collection Services
City Engineer Lovett presented the following report:
the City has been contracting with Waste Management for exclusive trash collection services for over 17 years; in December, the Council directed staff along with a subcommittee to investigate the possibility of issuing a Request for Proposals (RFP) to explore the open market and determine if the community could benefit from new options; in February, the City entered into a professional services agreement with HF&H Consulting to assist in the preparation of the RFP, which aims to modernize our current contract and address existing gaps; HF&H Consulting has now prepared a revised agreement and an RFP, which are included in your staff report for this evening's meeting. We are ready to advertise for public bidding; City Engineer Lovett highlighted that there are several proposed changes and upgrades in the new agreement, that are included in his report; it is required City Council Minutes
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that the Council advertise these waste management services for public bidding; therefore, his recommendations are as follows: 1. that the Council finds the draft agreement for solid waste, recycled materials, organic waste collection, processing, and disposal services, as set forth in the bid documents, to be reasonable; 2. to authorize staff to make any non-substantive changes to the RFP and agreement as needed; and 3. to direct staff to advertise for public bids based on the updated RFP and agreement.
Resident Bret expressed that on page 2 of the recent agreement, it states that the costs for solid waste collection will be passed on to us, the ratepayers. The estimated cost of this service is around $250,000, which, when divided among the residents, translates to an additional fee of $300 to $400 per household. This is a significant increase in expenses that we, as residents, have never encountered before. Why is it that the financial responsibility for this service falls solely on the rate payers shoulders, particularly when the decision to engage an outside waste hauler was made by the city council.
Council Member Loggia addressed Mr. Katz's questions by stating that he'd like to correct a misconception.
The total amount for the solid waste collection is indeed $250,000, but this is over a 10-year agreement, which breaks down to $25,000 a year. When divided among the approximately 650 homes in our community, the annual cost per household is significantly lower than the $300 to $400 figure you mentioned. It's essential to understand that the waste management company awarded this contract will have access to a considerable revenue stream, which includes absorbing some initial costs. Our expectation is that this will lead to more competitive rates for our residents. When it comes to whether these costs should be absorbed by the city or the ratepayers, the distinction is somewhat academic. Ultimately, it's the community's money, regardless of the funding pathway. The decision to pass these costs onto residents this way was made with the intent of maintaining transparency and ensuring that the service meets our community's needs efficiently. While we could have structured the agreement differently, at the time, it did not seem to make sense from a financial standpoint. It's worth mentioning that external consultants have advised us that including these costs as part of the bid process can lead to lower overall rates. Assuming we would get that money back by not charging ratepayers may not necessarily be a reliable assumption.
Interim City Attorney Jenkins added that in light of the increasingly complex legal landscape surrounding franchise agreements, it's essential for the city to ensure that it is receiving a state-of-the-art service that adheres to the latest laws. One great way to achieve this is by bringing in an expert consultant, specifically the team from Hf and H, who has a strong track record in handling franchise agreements across the state.
They are well-regarded in the field, having the most clientele among consultants, which speaks to their expertise and reliability. This consulting team deeply understands the intricate legal requirements, especially as the state has implemented new mandates like organic recycling, making the legalities more convoluted.
By engaging such a consultant, the city can be assured that all operations and agreements will remain compliant with these evolving laws. Moreover, it's important to clarify that while there might be an initial estimate of $250,000 associated with these consulting services, this figure should not be a cause for concern.
The estimate is a cap and likely overstated. The legal services needed for reviewing the Request for Proposal (RFP) and the draft franchise agreement have already been completed efficiently within just two days. Future legal consultation may arise when assessing bids and negotiating terms, but it is unlikely that costs will reach City Council Minutes
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the initial estimate. Thus, I urge everyone not to fixate on the $250,000 figure, as the expectation is that costs will be much lower.
Council Member McCorkindale contributed to the discussion by expressing concerns over the city's previous practice of accepting contracts without seeking bids. She emphasized the importance of transparency and competition to ensure quality services at fair prices. She also urged residents to go to the City's website and watch the meeting where this topic was previously discussed.
Philip Mainolfi, the consultant from HF&H shared insights during the discussion, pointing out that the $250,000 cap represents only 1.7% of the overall contract value. He noted that Hidden Hills ranked 88 out of 89 cities in a 2021 survey regarding trash contracting prices, indicating a need for improvement. Mr. Mainolfi argued that by exploring a more competitive landscape, the city could enhance service quality, potentially lower costs, and reduce risk. He emphasized that investing in this process could lead to better long-term outcomes for residents, suggesting that the price could decrease significantly with just a slight adjustment.
The council acknowledged the need for clarity on these figures and the unique level of service Hidden Hills provides, which may justify higher costs compared to other cities.
Resident Mathy Wasserman complimented Waste Management on the success of their recent bulky item pick up day that provided in Hidden Hills. She asked the Council that when the RFP's come in to City Hall, what is the decision making, financial decision. Does the City have an opportunity to add experiential input to it or is the lowest bid gets the contract.
Interim City Attorney Jenkins clarified that this process is not solely based on the lowest bid. The city has the flexibility to consider various factors, including price, experience, and other relevant criteria. This allows the City Council to select the hauler that they believe is best suited to meet the needs of the community. By weighing these different elements, the council aims to ensure that the chosen service provider offers both value and quality.
Upon MOTION by Council Member McCorkindale, seconded by Council Member Wasserman, and carried on roll call vote, 4-0-1, it was resolved to approve the Updated Exclusive Franchise Agreement and authorize the release the RFP for City's Solid Waste Collection Services.
Upon MOTION by Council Member Loggia, seconded by Council Member Wasserman, and carried on roll call vote, 4-0-1, it was resolved to go into Closed Session.
9. CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL:
A. Anticipated Litigation; Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2): Number of Potential Cases: 1
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Anticipated Litigation; Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): Number of Potential Cases: 1
10. REPORT ON CLOSED SESSION
There was no reportable action taken.
11. ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned.
Eniko Gold, Mayor