[ LA HABRA PLANNING COMMISSION AGENDA SPECIAL MEETING THURSDAY, JUNE 22, 2023 6:30 P.M. COUNCIL CHAMBER 100 EAST LA HABRA BOULEVARD LA HABRA, CALIFORNIA 90631 Please note that should all business not be concluded by 10:00 p.m., the Chair shall either authorize an extension of time to said meeting or continue all unfinished items to a future meeting, date certain, or date uncertain.]
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AT THIS TIME, UH, THE MEETING WILL PLEASE COME TO ORDER.
WILL THE AUDIENCE PLEASE STAND AND JOIN? COMMISSIONER MACHA IN THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE.
WILL THE SECRETARY PLEASE CALL ROLL CHAIR ROJAS HERE.
MY VOTE NOT, UH, UHOH NOT TURNING ON.
IS THERE ANY WAY WE CAN JUST MOVE HER OVER TO THIS CHAIR FOR THE DAY? TRY IT NOW.
HERE, LET THE RECORDS SHOW THAT COMMISSIONER BURNER HAS AN EXCUSED ABSENCE.
WE WILL NOW MOVE ON TO PUB TO PUBLIC COMMENT.
THIS IS A TIME FOR THE PUBLIC TO COMMENT ON ANY ITEM NOT APPEARING ON THE AGENDA.
SPEAKERS MUST LIMIT THEIR COMMENTS TO THREE MINUTES EACH.
THE TOTAL TIME FOR PUBLIC COMMENT IS 30 MINUTES.
ADDITIONAL TIME MAY BE ADDED AT THE DISCRETION OF THE CHAIR.
SPEAKING TIME MAY NOT BE GRANTED AND OR ALONE TO ANOTHER INDIVIDUAL.
FOR PURPOSES OF EXTENDING AVAILABLE SPEAKING TIME AND COMMENTS MUST BE KEPT BRIEF, NON-REPETITIVE, AND PROFESSIONAL IN NATURE, CONSISTENT WITH GOVERNMENT CODE SECTION 54 9 54 0.3 A.
THE PLANNING COMMISSION CANNOT TAKE ACTION ON ANY ITEM NOT APPEARING ON THE AGENDA AND WILL NOT RESPOND TO ANY PUBLIC COMMENTS.
DO WE HAVE ANYONE THAT WISHES TO ADDRESS THE COMMISSION ON A MATTER? NOT ON THE AGENDA.
SEEING NONE, WE WILL NOW CLOSE PUBLIC COMMENT AND MOVE ON TO CONSENT CALENDAR.
CONSENT CALENDAR ITEMS ARE CONSIDERED TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION UNLESS A COMMISSIONER OR MEMBER OF CITY STAFF REQUESTS SEPARATE ACTION, DISCUSSION, OR REMOVAL OF AN ITEM REMOVED ITEMS WILL BE CONSIDERED FOLLOWING THE CONSENT CALENDAR PORTION OF THIS AGENDA.
SPEAKERS MUST LIMIT THEIR COMMENTS TO THREE MINUTES EACH.
THE TOTAL TIME FOR PUBLIC COMMENT IS 30 MINUTES.
ADDITIONAL TIME MAY BE GRANTED, MAY BE ADDED AT THE DISCRETION OF THE CHAIR.
SPEAKING TIME MAY NOT BE GRANTED AND OR LOAN TO ANOTHER INDIVIDUAL FOR PURPOSES OF EXTENDING AVAILABLE SPEAKING TIME AND COMMENTS MUST BE KEPT BRIEF, NON-REPETITIVE, AND PROFESSIONAL IN NATURE BEFORE THE COMMISSION AT THIS TIME IS THE CONSENT CALENDAR, WHICH INCLUDES ITEM ONE.
THE ITEM WILL BE APPROVED WITH ONE VOTE UNLESS THE ITEM IS REMOVED.
FOR FURTHER DISCUSSION TO ANY OF THE COMMISSIONERS WISH TO REMOVE THIS ITEM, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO PROVIDE PUBLIC COMMENT ON THE I ON ITEM ON THE CONSENT CALENDAR? OKAY.
MAY I HAVE A MOTION I MOVE TO APPROVE THE CONSENT CALENDAR? IS THERE A SECOND? I'LL SECOND.
A MOTION HAS BEEN MADE BY COMMISSIONER MACHA AND SECONDED BY COMMISSIONER ZURICH.
EVERYONE PLEASE ENTER YOUR VOTE.
WE WILL NOW MOVE TO THE PUBLIC HEARING SCHEDULED FOR THIS EVENING, DECLARATION OF A PUBLIC NUISANCE AT COYOTE VILLAGE, LOCATED AT 9 0 1 DASH 9 97 WEST IMPERIAL HIGHWAY.
TONIGHT'S HEARING IS BEING CONDUCTED IN ACCORDANCE WITH CHAPTER 18.74 OF THE LAHABRA MUNICIPAL CODE.
THIS IS AN ADMINISTRATIVE HEARING.
THE TECHNICAL RULES OF EVIDENCE WILL NOT APPLY PROVIDED THAT EACH PARTY WILL BE PROVIDED AN OPPORTUNITY TO BE HEARD, CROSS EXAMINE THE OTHER PARTY'S WITNESSES AND REBOOT EVIDENCE.
ONLY RELEVANT EVIDENCE WILL BE ADMITTED PURSUANT TO SECTION 18.7 4.15 OF THE LA HARBOR MUNICIPAL CODE.
RELEVANT EVIDENCE IS DEFINED AS THE SORT OF EVIDENCE ON WHICH RESPONSIBLE PERSONS ARE ACCUSTOMED TO RELY ON IN THE CONDUCT OF SERIOUS AFFAIRS.
THE PURPOSE OF THIS HEARING IS TO DETERMINE WHETHER A PUBLIC NUISANCE EXISTS AT COYOTE VILLAGE, LOCATED AT 9 0 1 DASH 9 97 WEST IMPERIAL HIGHWAY.
THE PROCEDURES FOR THE HEARING WILL BE AS FOLLOWS, THE CITY WILL MAKE ITS PRESENTATION.
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THEN DURING THE CITY'S PRESENTATION, THE H O A THROUGH ITS DESIGNATED REPRESENTATIVE WILL HAVE THE OPPORTUNITY FOR LIMITED CROSS-EXAMINATION OF THE CITY'S WITNESSES.THE H HOA WILL MAKE ITS PRESENTATION DURING SUBSEQUENT TO THAT, THE H HOA WILL MAKE ITS PRESENTATION DURING THE HO A'S PRESENTATION.
THE CITY WILL THEN, THROUGH ITS DESIGNATED REPRESENTATIVE, WILL HAVE THE OPPORTUNITY FOR LIMITED CROSS-EXAMINATION OF THE H HOA WITNESSES.
AFTER THE HOA FINISHES ITS PRESENTATION, THE CITY WILL BE PROVIDED FIVE MINUTES TO GIVE ITS REBUTTAL AND ANSWER ANY QUESTIONS FROM THE COMMISSION FOLLOWING THE CITY'S REBUTTAL PERIOD.
THE HOA WILL BE PROVIDED FIVE MINUTES TO GIVE ITS SIR REBUTTAL AND ANSWER ANY QUESTIONS FROM THE COMMISSION.
NEXT, WE WILL OPEN PUBLIC COMMENT.
IF YOU WISH TO ADDRESS THE COMMISSION, PLEASE FILL OUT A SPEAKER CARD AND PROVIDE IT TO THE SECRETARY.
WHILE THE PARTIES ARE MAKING THE REP THEIR PRESENTATIONS, YOU'LL FIND THE SPEAKER CARDS ON THE TABLE AT THE ENTRANCE OF THE CHAMBER FOLLOWING PUBLIC COMMENT.
EACH PARTY WILL BE GIVEN FIVE MINUTES TO PROVIDE CLOSING STATEMENTS.
THE CHAIR MAY GRANT ADDITIONAL TIME LAST, THE COMMISSION WILL DELIBERATE AND MAKE DETERMINATION.
IF ANYBODY HAS A SPEAKER CARD, PLEASE GO AHEAD AND SUBMIT IT TO VERONICA AT, UM, THE FRONT HERE.
AS A CHAIR, I AM RESPONSIBLE FOR MAKING ALL PROCEDURAL DECISIONS AND RULINGS FOR TODAY'S HEARING.
I AM DELEGATING THIS RESPONSIBILITY TO THE PLANNING COMMISSION'S ATTORNEY.
I NOW INVITE THE CITY'S REPRESENTATIVE TO COME FORWARD FOR THIS CITY'S PRESENTATION.
I'M SORRY YOU CAN'T ALL SEE ME VERY WELL.
UM, BUT I AM THE ATTORNEY FOR CITY STAFF.
UM, SO I EXPECT THAT THIS WILL PROCEED IN SUCH A WAY THAT I WILL CALL WITNESSES, ASK THEM QUESTIONS.
UM, I DO HAVE SEVERAL PACKETS OF DOCUMENTS TO HAND OUT TO EACH OF YOU.
UM, AND I WILL HAND THESE OVER NOW AND I WILL ALSO GIVE ONE TO EACH OF MY WITNESSES AND OPPOSING COUNSEL AS WELL.
SO THERE'RE ACTUALLY TWO DOCUMENTS IN ONE PACKET, SO I'M TRYING TO GIVE YOU THEM AS I CAN.
AND I, YES, THANK AND AT THIS TIME AS MY FIR FIRST WITNESS, I CALL ALBERT MENDOZA.
CAN YOU PLEASE STATE AND SPELL YOUR LAST NAME FOR THE RECORD? SURE.
LAST NAME SPELLED M E N D O Z A.
AND IF YOU CAN'T HEAR ME AT ANY POINT, JUST LET ME KNOW AND I'LL MOVE THE MICROPHONE CLOSER.
UH, BY WHOM ARE YOU EMPLOYED? I WORK FOR THE CITY OF LAHABRA.
IN WHAT CAPACITY? I WORK IN THE ENGINEERING DIVISION, PUBLIC WORKS DEPARTMENT.
I AM THE DEPUTY DIRECTOR OF PUBLIC WORKS AND CITY ENGINEER.
AND HOW LONG HAVE YOU HELD THAT POSITION? I'VE BEEN WORKING FOR THE CITY OF LAHABRA SINCE SEPTEMBER, 2021.
THAT'S APPROXIMATELY 21 MONTHS.
AND WHAT KIND OF EDUCATION OR TRAINING DO YOU HAVE TO ASSIST YOU IN YOUR JOB DUTIES? UH, I'M A LICENSED CIVIL ENGINEER IN THE STATE OF CALIFORNIA.
UH, I RECEIVED A BACHELOR'S DEGREE FROM CAL POLY POMONA, AND I'VE BEEN PRACTICING CIVIL ENGINEERING FOR THE PAST 17 YEARS.
AND WHAT ARE YOUR JOB DUTIES IN YOUR CURRENT ROLE? I OVERSEE THE, UH, ENTIRE ENGINEERING DIVISION, WHICH COMPRISES OF, UH, TRAFFIC.
TRAFFIC ENGINEERING AND P DS UH, PROVIDE OVERSIGHT TO, UH, OUR TECHNICAL ADMINISTRATIVE STAFF.
UH, WE OVERSEE THE ENTIRE CITY'S INFRASTRUCTURE.
WE ARE RESPONSIBLE FOR MANAGING THE, UH, STREETS, ALLEY'S, STORM DRAIN SYSTEMS, UH, WATER UTILITY, UH, AND SO FORTH.
AND AS YOU PROBABLY HEARD EARLIER, THIS HEARING IS ABOUT 9 0 1 THROUGH 9 97 WEST
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IMPERIAL HIGHWAY.HAVE YOU EVER BEEN TO THAT PROPERTY BEFORE? I HAVE.
DID THIS PROPERTY RECENTLY COME TO YOUR ATTENTION? UH, YEAH.
AND HOW DID IT COME TO YOUR ATTENTION RECENTLY? UH, IT WAS, UH, DUE TO THE, UH, SECOND COLLAPSE OF THE, UH, COVERED CHANNEL THAT, UH, RUNS WITHIN THE HOA PROPERTY.
AND DO YOU, YOU SAID THERE WAS A SECOND COLLAPSE OR A FIRST COLLAPSE, CORRECT.
YOU SAID THERE WAS AN EARLIER COLLAPSE.
DID THIS COLLAPSE? THAT, THAT, THAT IS CORRECT.
AND DO YOU KNOW WHEN THAT COLLAPSE OCCURRED? I THINK THE FIRST COLLAPSE HAPPENED IN 2019.
SO WHAT DID YOU DO ONCE YOU LEARNED ABOUT THE MOST RECENT COLLAPSE? UH, VISITED THE SITE TO ASSESS THE DAMAGES.
AND WHAT DID YOU SEE WHEN YOU GOT THERE? I SAW A COMPLETELY BLOCKED CHANNEL, UH, BY, UH, IT WAS BLOCKED BY DEBRIS, UH, BY SOIL.
AND, UH, SOME CONCRETE, THE ROOF DECK HAD COLLAPSED APPROXIMATELY ABOUT THE CENTER OF THE CHANNEL THAT RUNS BETWEEN THE, UH, THE PROPERTY.
DO YOU KNOW IF THIS CHANNEL IS PRIVATELY OR PUBLICLY OWNED? IT'S MY UNDERSTANDING IT'S A PRIVATELY OWNED CHANNEL.
AND WHAT LEADS YOU TO THAT? UH, BASED ON, UH, THE RECORDS THAT I'VE SEEN, UH, THERE'S NO INDICATION THAT THE CITY OWNS THIS.
AND AT THIS TIME, I'D LIKE TO POINT THE COMMISSION TO EXHIBIT 15 OF THE PACKET THAT I PROVIDED.
WHAT PAGE IS THAT? IT IS BATE STAMPED NUMBER 0 4 0.
AND IT'S ACTUALLY THROUGH 0 4 3.
AND MR. MENDOZA, ARE YOU FAMILIAR WITH THESE DOCUMENTS THAT I POINTED OUT? YES.
AND I'M, I'VE HIGHLIGHTED A, A COUPLE OF SECTIONS ON MY SLIDES.
I HOPE THE COMMISSION CAN SEE THAT.
UM, BUT THE FIRST IS A, A CROSS SECTION OF EXHIBIT 15 B, STAMP NUMBER 0 4 2.
AND DO YOU RECOGNIZE THIS SUBSECTION OF THAT EXHIBIT? YES, I'VE SEEN THAT.
AND WHAT DOES IT INDICATE TO YOU? IT'S A CROSS SEC.
UH, CROSS INDICATES HOW THE, UH, CHANNEL WAS SUPPOSED TO BE BUILT, UH, WITH, UH, THREE FEET MAX OF SOIL.
AND GOING BACK TO YOUR INSPECTION, DID YOU OBSERVE THREE FEET OF SOIL ON TOP OF THE CHANNEL? I OBSERVED THAT THERE WAS MORE THAN THREE FEET.
COULD YOU GIMME AN APPROXIMATION OF HOW MUCH IT, IT VARIED, UH, BETWEEN SIX FEET AND UP TO 10 FEET.
WAS THIS SECOND COLLAPSE A CONCERN FOR THE CITY AT ALL? OH, ABSOLUTELY.
AND WHAT WAS THE RISK, IF ANY, TO THIS PROPERTY? UH, NOT JUST THE PROPERTY, BUT, UM, JUST THE, UH, THE BLOCKAGE.
IT WAS COMPLETELY BLOCKING THE ALL OF THE STORM WATER RUNOFF THAT COULD HAVE BEEN SUBSTANTIAL DAMAGES FLOODING, UM, STRAIGHT FLOODING, UH, OVER OVERFLOWN ON THE, UH, IMPERIAL CHANNEL.
UM, NOT TO SAY THAT PROBABLY THE, THE CONDOMINIUMS. WOULD YOU DESCRIBE IT AS AN EMERGENCY SITUATION? ABSOLUTELY.
IS IT PART OF YOUR REGULAR JOB PRACTICES TO WORK WITH OTHER CITY STAFF IN MAKING DETERMINATIONS ABOUT WHAT YOU SEE ON A PROPERTY IF THERE ARE VIOLATIONS OR IF THERE'S AN ISSUE ON THE PROPERTY? OH, ABSOLUTELY.
WE SEE ANY VIOLATIONS, UH, BUILDING VIOLATIONS.
WE, WE, WE COORDINATE DIRECTLY WITH OUR, UH, INTERAGENCY, UH, FOLKS, WHETHER IT'S CODE ENFORCEMENT, BUILDING AND SAFETY PLANNING.
DID YOU WORK WITH ANY OTHER STAFF IN THIS CASE? YES, UH, WITH, UH, THE BUILDING OFFICIAL INTER CODE ENFORCEMENT.
UH, AND AT THE TIME OF THE COLLAPSE, ARE YOU AWARE OF ANY REQUESTS FROM THE PROPERTY OWNER, UM, REQUESTING ASSISTANCE TO HELP YOU WITH, TO HELP THEM WITH THE CHANNEL? YES.
DO YOU, CAN YOU GIMME A LITTLE BIT MORE INFORMATION ABOUT THAT? SO THERE WAS, UH, AN EMAIL CORRESPONDENCE FROM THE HOA, UH, TO THE CITY, UH, UH, REQUESTING FOR EMERGENCY ASSISTANCE TO THE CITY TO MOVE FORWARD AND, UH, ABATE THE, THAT NUISANCE, THAT BLOCKAGE THAT WAS IN THE CHANNEL.
DO YOU KNOW IF THE CITY AGREED TO ASSIST? YES.
AND IF YOU KNOW, DID THE CITY CLEAR THE CHANNEL? YES.
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TO PERFORM THOSE EMERGENCY REPAIRS.WERE YOU A PART OF THAT PROCESS? YES.
UM, AND YOU MENTIONED THAT THE CONTRACTOR CLEARED THE CHANNEL, CORRECT? YES, I HAVE.
I WILL POINT THE COMMISSION TO EXHIBIT SIX THROUGH 14, WHICH ARE VARIOUS PHOTOGRAPHS, AND I'VE PUT THEM UP ON MY POWERPOINT SLIDE AND I'M HOPING TO GO THROUGH THEM WITH YOU.
SO DO YOU RECOGNIZE THIS PHOTOGRAPH? YES.
DID YOU TAKE THIS PHOTOGRAPH? YES.
WHAT IS IT A PHOTOGRAPH OF? IT'S THE PHOTO OF THE, UH, THE CONTRACTOR WITH A B BACKHOE, UH, REMOVING ALL THAT DIRT AND SWINGING IT TO THE SIDE.
UM, SO THEY CAN MAKE WAY FOR THAT, UH, STORMWATER RUN.
AND I'M, I'M JUST GONNA KEEP GOING THROUGH THE, THE PHOTOS.
IF YOU DON'T RECOGNIZE THEM, PLEASE LET ME KNOW.
UM, IF YOU DO RECOGNIZE IT, PLEASE DESCRIBE FOR THE COMMISSION WHAT THE PHOTO IS OF.
YEAH, AND THAT'S, I MEAN, THAT'S ALMOST, UH, COMPLETELY REMOVED.
THAT'S PROBABLY, I WOULD SAY SUNDAY, UH, MARCH 19TH.
UM, YOU, YOU CAN CLEARLY SEE THAT IT'S THE PREVIOUS PHOTO SHOWS EVERYTHING COVERED.
NOW IT'S, YOU KNOW, 90%, UM, UNCOVERED.
THE NEXT, THE FOLLOWING DAY, WHICH IS MONDAY, UH, MARCH 20TH AT, UH, THAT THEY CONTRACT OR REMOVE A HUNDRED PERCENT OF THE DEBRIS.
THAT'S LATER MONDAY, MARCH 20TH.
UH, THE CONTRACTOR PLACED SOME CROSS BRACINGS TO PREVENT ANY WALL COLLAPSING, UH, THAT SHOWS YOU THE TARPING ON TOP OF THE SOIL.
THAT WAY THE SOIL WILL GET SATURATED AND POTENTIALLY ADD MORE WEIGHT TO THE, UH, ROOF OF THE CHANNEL.
UH, THAT'S ANOTHER PICTURE, UH, WHERE WE REMOVE THE ENTIRE SOIL IN THE MIDDLE PORTION THAT WOULD STILL INTACT.
UH, THAT PORTION IS IN BETWEEN THE FIRST COLLAPSE TO THE NORTH, THE COLLAPSE, WHICH IS THAT WHOLE, UM, EXCUSE ME, TO THE SOUTH SOUTHEAST.
THAT'S A PICTURE LOOKING NORTHWEST EX, YOU KNOW, YOU CAN SEE THE, UH, ROOF OF THE CHANNEL EXPOSED WHERE WE REMOVED ALL OF THAT, THAT SOIL, THAT'S A PICTURE LOOKING TOWARDS THE POOL, THAT IT'S TOWARDS THE SOUTH EAST PORTION OF THE PROPERTY.
THAT'S ANOTHER PICTURE, SAME ANGLE, JUST SHOWING, UM, THE ROOFTOP, UM, BEING, YOU KNOW, CLEARED OF ALL DEBRIS AND SOIL AND ADDITIONAL TARPING.
AND IF WE CAN GO BACK BRIEFLY, UM, COULD YOU TELL ME IF YOU KNOW WHEN THE COLLAPSE INITIALLY OCCURRED? I WANNA SAY IT WAS THE NIGHT OF MARCH 15TH.
AND WHEN DID YOU BECOME AWARE OF THE COLLAPSE? THE FOLLOWING DAY, MARCH 16TH.
AND WHEN DID THE CONTRACTOR COMPLETE THE ABATEMENT? SO THERE WERE THREE DIFFERENT PHASES.
UH, IF THE INITIAL CLEANUP, UH, CONTRACTOR STARTING TO, TO MOBILIZE ON FRIDAY, MARCH 17TH, AND IT, THE EMERGENCY CLEANUP FOR ALL THE, SO THAT WAS WITH INSIDE THE CHANNEL WAS COMPLETED ON MONDAY.
THERE WAS ADDITIONAL REQUEST FROM THE HOA TO REMOVE ADDITIONAL SOIL TO PREVENT ANY FUTURE COLLAPSING.
AND THAT, UH, EXTRA WORK, UH, WAS COMPLETED ON APRIL 7TH, I BELIEVE, WHICH IS A FRIDAY.
AND IN YOUR OPINION, DO YOU BELIEVE THAT THE PROPERTY IS NOW SAFE, OR DO YOU BELIEVE THAT ANOTHER COLLAPSE MAY OCCUR IN THE FUTURE? IT CAN.
DID YOU WANT CROSS COMES AFTER IT'S UP TO THE COMMISSION? YEAH, GO AHEAD AND FINISH AND THEN YOU CAN COME UP.
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CALL.COULD YOU PLEASE STATE AND SPELL YOUR LAST NAME FOR THE RECORD, PLEASE? MY NAME IS RODNEY SIPA, LAST NAME IS SPELLED S I P M A.
AND BY WHOM ARE YOU EMPLOYED? CITY OF LA HABRA.
IN WHAT CAPACITY? I'M THE CHIEF BUILDING OFFICIAL.
I'M RESPONSIBLE FOR BILLING AND SAFETY AND CODE ENFORCEMENT.
AND HOW LONG HAVE YOU WORKED FOR THE CITY IN THAT CAPACITY? I STARTED, UH, AS THE, UM, CHIEF BUILDING OFFICIAL IN JULY OF 22.
AND WHAT ARE YOUR JOB DUTIES AS THE CHIEF BUILDING OFFICIAL? AS THE CHIEF BUILDING OFFICIAL, I'M RESPONSIBLE FOR THE DAY-TO-DAY OPERATIONS OF BUILDING AND SAFETY AND CODE ENFORCEMENT.
DO YOU HAVE ANY EDUCATION AND TRAINING THAT WOULD ASSIST YOU IN YOUR JOB DUTIES? I'M CERTIFIED WITH THE INTERNATIONAL CODE COUNCIL AS A BUILDING OFFICIAL, AND I'M CERTIFIED AS A COMBINATION INSPECTOR IN BOTH COMMERCIAL AND RESIDENTIAL.
HAVE YOU EVER BEEN TO THE PROPERTY AT 90 0 1 THROUGH 99 7 WEST IMPERIAL HIGHWAY IN THE CITY OF LA HABRA? UH, BEFORE THE SECOND COLLAPSE, I WAS THERE ONCE, UH, JUST OBSERVED THE FIRST COLLAPSE.
UM, I STARTED HERE IN JULY OF 2019, SO I CAME AFTER THE FIRST COLLAPSE.
BUT, UH, THIS SECOND ONE I CAME, UH, THE DAY AFTER, WHICH WAS MARCH, UH, I THINK IT WAS 16.
SO ONCE YOU LEARNED ABOUT THE SECOND COLLAPSE, UM, WHAT DID YOU DO? I TOOK SOME PHOTOS AND, UH, I KINDA COLLABORATED WITH ALBERT ON, UH, HE WAS TALKING ABOUT GETTING A CONTRACTOR TO CLEAR OUT THE CHANNEL.
AND SO IN ORDER TO TAKE PICTURES, YOU HAD TO GO TO THE PROPERTY? YES.
AND WHAT DID YOU OBSERVE? I OBSERVED ABOUT, UH, DIFFERENT POINTS ALONG THE WAY.
UH, MUCH MORE THAN 30 FOOT OF, UH, THREE FEET OF DIRT ACRO ABOVE THE CHANNEL ON THE CEILING.
DID YOU OBSERVE THE COLLAPSE OF THE CHANNEL? YES.
WHAT RISK, IF ANY, TO THE PROPERTY DID THE CHANNEL PRESENT, UH, WITH THE BLOCKAGE CHANNEL? UH, PRESENTED A LOT OF FLOODING AND, UH, POSSIBLE FLOOD HAZARD.
WAS THERE ANY RISK TO ANY SURROUNDING PROPERTIES? YES.
AND YOU SAID YOU WORKED WITH, UH, MR. MENDOZA IN THIS CASE, CORRECT? CORRECT.
AND DID YOU HAPPEN TO WORK WITH CODE ENFORCEMENT AS WELL? I DID WORK WITH CODE ENFORCEMENT, THE SUPERVISOR, CYNTHIA.
AND, UH, AND HOW DID YOU WORK WITH CODE ENFORCEMENT IN THAT, IN THIS CASE? WELL, WE, UH, WORKED ON A SOLUTION TO SEND OUT, UH, UH, THE PUBLIC NEW NUISANCE DECLARATION WE SENT, WE SENT THAT OUT ON THE 27TH OF MARCH.
COULD YOU PLEASE STATE AND SPELL YOUR LAST NAME FOR THE RECORD, PLEASE? SURE.
IT'S, UH, CYNTHIA BASI, UH, B AS IN BOY, A S T R E R I.
AND BY WHOM ARE YOU EMPLOYED? UH, CITY OF LAHABRA.
AND IN WHAT CAPACITY? UH, CODE ENFORCEMENT SUPERVISOR.
AND HOW LONG HAVE YOU BEEN THE CODE ENFORCEMENT SUPERVISOR? 11 MONTHS.
DO YOU HAVE ANY EDUCATION OR TRAINING THAT WOULD HELP YOU IN YOUR JOB? YES.
UM, I AM A CERTIFIED CODE ENFORCEMENT OFFICER THROUGH K C O AND ALSO CERTIFIED, UH, SUPERVISORY MODULE CERT CERTIFICATION.
AND, UM, I'VE TAKEN SOME I C C, WHICH IS INTERNATIONAL CODE COUNCIL COURSES, AND I'M A PC 8 32 CERTIFIED.
AND WHAT ARE YOUR DUTIES IN YOUR CURRENT ROLE? UM, SO I SUPERVISE, UH, CODE ENFORCEMENT STAFF.
I, UM, CONDUCT INSPECTIONS AND DETERMINE IF VIOLATIONS EXIST AND ISSUE NOTICES, UM, UH, AS NECESSARY.
AND, UM, I COORDINATE WITH OTHER DEPARTMENTS AND AGENCIES TO CONDUCT INSPECTIONS.
AND, UM, I ENFORCE THE LAHABRA MUNICIPAL CODE
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AS WELL AS, UM, OTHER APPLICABLE LOCAL LAWS.ARE YOU FAMILIAR WITH THE PROPERTY AT 9 0 1 THROUGH 9 97 WEST IMPERIAL HIGHWAY IN THE CITY OF LAHABRA? YES.
DID THIS PROPERTY COME TO YOUR ATTENTION RECENTLY? YES.
WHEN WAS THAT? MARCH 16TH, 2023.
AND WHY DID IT COME TO YOUR ATTENTION? UM, IT CAME TO MY ATTENTION.
UH, THE CHIEF BUILDING OFFICIAL, UM, ON THAT DAY CAME TO ME AND SAID THAT THERE WAS A CHANNEL ROOF COLLAPSE.
AND, UM, WE SPOKE WITH THE ATTORNEY AND THAT'S WHEN WE ISSUED, UH, A NOTICE SHORTLY AFTER.
WHAT KIND OF NOTICE DID YOU ISSUE? IT'S A NOTICE OF PUBLIC NUISANCE.
SO DID YOU DETERMINE THAT THERE WERE VIOLATIONS ON THE PROPERTY? YES.
WHICH VIOLATIONS DID YOU IDENTIFY? UH, SO, UH, DILAPIDATED UNSAFE STRUCTURES, UM, EROSION WATER RUNOFF VIOLATIONS, UM, CONDITIONS OF HAZARDOUS, UH, STRUCTURES.
UM, THEY'RE, UM, HAZARDOUS TO PUBLIC HEALTH.
AND SO YOU SAID YOU ISSUED A NOTICE OF PUBLIC NUISANCE? CORRECT.
AND I WOULD LIKE TO POINT COUNT OR THE COMMISSION TO EXHIBIT FIVE, WHICH IS B STAMP NUMBER 0 3 0.
AND IF MS. BAS, IF YOU COULD TURN TO THAT PAGE AS WELL.
AND DO YOU RECOGNIZE THAT DOCUMENT? YES.
WHAT IS IT? IT'S A NOTICE OF PUBLIC NUISANCE.
WHEN DID YOU ISSUE THIS NOTICE? UM, MARCH 27TH, 2023.
AND WHO DID YOU ISSUE IT TO? UM, I ISSUED IT TO THE COYOTE VILLAGE HOMEOWNERS ASSOCIATION.
AND THAT WAS MY FINAL WITNESS.
ANY OTHER WITNESSES? NOT AT THIS TIME.
DOES THE HO'S REPRESENTATIVE WISH TO CROSS EXAMINE THE WITNESS? YES, PLEASE.
MADAM CHAIRMAN, SINCE THERE'S ONE MICROPHONE, IF I HAVE QUESTIONS OF A WITNESS, I'M GONNA START WITH MR. MENDOZA.
WHAT, HOW WOULD THE CHAIRMAN LIKE US TO PROCEED? WE HAVE AN EXTRA MIC.
KIRSTEN, HOW ARE YOU? I'VE SEEN YOU OUT AT THE PROPERTY, HAVEN'T I? THAT'S RIGHT.
HOLD, HOLD UP YOUR, YES, HOLD UP YOUR MICROPHONE.
UM, GOT A COUPLE OF QUESTIONS.
SO THE SIR, BEFORE YOU START, CAN WE GET YOUR NAME? I'M SORRY.
I AM HERE ON BEHALF OF THE HOMEOWNERS ASSOCIATION.
UM, I HAVE PACKETS WHICH I WILL SAVE AND DISTRIBUTE, UH, FOR AT MY PRESENTATION, CORRECT? YES, THAT'S FINE.
UH, I HAVE A FEW QUESTIONS RIGHT NOW OF MR. MENDOZA.
MR. MENDOZA, UM, THANK YOU FOR YOUR, UH, YOUR TESTIMONY.
WHEN, WHEN WAS THE WORK SUBSTANTIALLY COMPLETED? I THINK YOU SAID APRIL 4TH, IS THAT CORRECT? I THINK I SAID APRIL 7TH.
AND AT THAT POINT, THE, UM, THE IMMEDIATE EMERGENCY HAD BEEN MOSTLY, UH, UH, REMOVED, ISN'T THAT CORRECT? YES.
AND, UM, I THINK IN FACT YOUR TESTIMONY WAS THAT AT THAT POINT THE NUISANCE HAD BEEN ABATED, ISN'T THAT CORRECT? I DIDN'T SAY THAT.
WELL, I THOUGHT YOU HAD, I GUESS THE RECORDING WILL SHOW THAT, BUT, UH, BUT THE, THE EMERGENCY HAD BEEN, UH, REMOVED AT THAT POINT, CORRECT? THE EMERGENCY WORK THAT WERE AUTHORIZED TO DO WAS SUBSTANTIALLY COMPLETED ON APRIL 7TH.
AND THAT WORK WAS, UH, UNDERTAKEN AT THE REQUEST OF THE HOMEOWNER'S ASSOCIATION THROUGH THE CITY, ISN'T THAT CORRECT? THAT IS CORRECT.
AND THE HOMEOWNER'S ASSOCIATION WAS FULLY COOPERATIVE IN ALLOWING THE CITY AND ITS CONTRACTORS TO ACCESS THE PROPERTY TO UNDERTAKE THE WORK, ISN'T THAT CORRECT? THEY GAVE US PERMISSION TO ACCESS THE PROPERTY TO DO THE WORK, YES.
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MENDOZA, UH, YOU'RE AWARE, AREN'T YOU, THAT THE STATE THROUGH ITS BUDGET PROCESS HAS, UH, UH, ALLOCATED EIGHT AND A HALF MILLION DOLLARS, UH, TO THE CITY OF LAHABRA FOR REPAIR OF THE IMPERIAL CHANNEL THROUGH THE PROJECT, THE HO HOMER'S PROJECT? OBJECTION, RELEVANCE.YOU CAN ANSWER THE, MY OBJECTION, MY OBJECTION, MADAM CHAIR.
AS THE COMMISSION IS AWARE, THE SCOPE OF THIS HEARING IS TOTER TO DETERMINE WHETHER IT THERE IS A PUBLIC NUISANCE AT THIS PROPERTY.
THE FUNDING RELATED TO IT IS NOT RELEVANT, HOWEVER, IT CAN BE ADMITTED AND IT'LL BE UP TO THE COMMISSION TO DETERMINE THE WEIGHT OF THIS PARTICULAR LINE OF QUESTIONS.
CAN YOU REPEAT THAT AGAIN, MR. MENDOZA? YOU'RE AWARE THAT THE STATE HAS ALLOCATED 8.5 MILLION TO REPAIR THE IMPERIAL CHANNEL AS IT TRAVERSES THE PROJECT, THE HOME COYOTE VILLAGE PROJECT.
ISN'T THAT CORRECT? YOU CAN GO AHEAD AND ANSWER THAT IS MY UNDERSTANDING, YES.
AND IT'S YOUR UNDERSTANDING THAT THE CITY, EXCUSE ME, THAT THE HOMEOWNERS ASSOCIATION ASKED THE CITY TO UNDERTAKE REPAIRS WHEN THIS EMERGENCY CONDITION DEVELOPED IN, UH, MIDDLE OF MARCH, 2023.
YOU MENTIONED THE, UH, AMOUNT OF SOIL ABOVE THE, UH, ROOF DECK OVER THE CHANNEL.
UH, WHEN YOU CAME TO THE PROJECT, UH, DID YOU ACTUALLY GET OUT AND PHYSICALLY MEASURE THE DIRT? THE LEVEL OF DIRT I DID WITH THE CONTRACTOR AS WELL.
IN WHAT, WHAT MEASURE, WHAT MODE DID YOU USE? TAPE MEASURE WHAT MODE? A MEASURING TAPE.
YOU USED A MEASURING TAPE? I DIDN'T USE IT.
HOW MANY SPOTS DID YOU TAKE? THE MEASUREMENT? COUPLE SPOTS.
I DON'T RECALL WHERE, BUT WELL, I THINK, I THINK YOU MENTIONED THREE TO 10 FEET.
I MEAN, DO YOU ACTUALLY RECALL SEEING A 10 FOOT MEASUREMENT? YES.
AND, AND WHERE WAS THAT? SOMEWHERE IN BETWEEN THAT CHANNEL, YOUR PROPERTY, THE HOA PROPERTY.
WERE YOU ON THE SOIL WHEN YOU MEASURED IT? NO, I WAS NOT.
IT WOULD'VE BEEN DANGEROUS TO BE ON THE SOIL, ISN'T THAT CORRECT? YEP, THAT'S CORRECT.
SO DID YOU, WAS THE MEASUREMENT UNDERTAKEN FROM WHAT, WHAT MECHANISM DID YOU USE TO ACCESS, UH, TO UNDERTAKE THAT MEASUREMENT? THE CONTRACTOR WAS ON SITE.
THEY WERE THE ONES WHO WERE REMOVING THE SITE.
THEY WERE THE ONES WHO MEASURED.
SO WHAT DID YOU SEE THEM DO TO MEASURE IT WITH ANY LEVEL OF ACCURACY OTHER THAN ESTIMATE A MEASURING TAPE.
AND HOW, WHERE WERE THEY STANDING WHEN THEY DID THE MEASUREMENT? ONE FROM THE TOP AND ONE FROM THE BOTTOM.
OKAY, BUT THEY WEREN'T ON THE SOIL THAT THEY MEASURED, ISN'T THAT CORRECT? SAY THAT AGAIN.
THEY WERE NOT STANDING ON THE SOIL AS THEY MEASURED THE LEVEL GOING? NO, THEY, THEY WERE STANDING ON THE ROOFTOP, THE ROOFTOP OF THE STRUCTURE AFTER THE, THE CHANNEL AFTER THE SOIL HAD BEEN REMOVED? YES.
SO THEY MEASURED SOIL THAT WAS NOT YET REMOVED, IS THAT CORRECT? THAT IS CORRECT.
AND WAS IT ULTIMATELY REMOVED? YES.
IN SOME SECTIONS OF THE CHANNEL, YES.
AND SO IT WAS REMOVED AND IT'S NO LONGER THERE, ISN'T THAT CORRECT? THAT IS CORRECT.
[00:35:05]
YOU'RE AWARE THAT THE WATER ENTERING COYOTE VILLAGE PROJECT COMES FROM THE IMPERIAL CHANNEL, UH, SOUTHERLY AND EASTERLY OF THE PROJECT ACROSS IMPERIAL HIGHWAY, ISN'T THAT CORRECT? YES.IT'S UPSTREAM, UH, RIGHT THERE AT THE IMPERIAL HIGHWAY.
AND WATER FLOWING THROUGH THE COYOTE VILLAGE PROJECT ENTERS INTO THE PROJECT NEXT TO COYOTE VILLAGE AND THEN EXITS UNDER IDAHO STREET INTO THE NEXT PROJECT, IS THAT CORRECT? YES.
FROM THE H HOA PROPERTY GOES, IT STRADDLES THROUGH OTHER PRIVATE COVER CHANNELS THROUGH IDAHO AND THEN THROUGH ANOTHER PRIVATE CHANNEL, AND THEN IT ENTERS INTO COUNTY FLOOD CONTROL PROPERTY, CORRECT? YES.
AND YOU'RE FAMILIAR WITH, UH, AND AS PART OF YOUR INVESTIGATION OF THIS, DID YOU INVESTIGATE HOW IT CAME TO BE THAT THIS PROPERTY, UH, HAS A COVERED CHANNEL THAT WAS COVERED WITH SOIL AND LANDSCAPING? YES.
SO DID YOU LEARN THAT IN 1979, THE PLANNING COMMISSION ACTUALLY APPROVED OF COVERING A, WHAT WAS SUPPOSED TO BE AN OPEN CHANNEL WITH A ROOFTOP AND SOIL AND LANDSCAPING? I READ THE RESOLUTION.
THE RESOLUTION, THOUGH, DID INDICATE THAT THE CITY PLANNING COMMISSION APPROVED A COVERED CH AND LANDSCAPE CHANNEL, ISN'T THAT CORRECT? YES.
BUT THEY DON'T MENTION ANY DETAILS AS TO HOW THEY CAME ABOUT US TO WHY THEY HAD HER COVERED.
SO I DON'T, I DON'T KNOW THAT.
I CAN READ FROM WHAT YOU SUBMITTED TO THE CITY, BUT THERE, AND THERE WAS AN ORDINANCE, ORDINANCE NUMBER 1 0 7 79 THAT WAS ACTUALLY, UH, ADOPTED THAT, UH, APPROVED THAT COVERED CHANNEL AT THE PROPERTY.
ISN'T THAT CORRECT? AGAIN, I, I DON'T KNOW THE DETAILS, BUT IT'S, YES, IT'S IN THE ORDINANCE.
DID YOU HAPPEN TO NOTICE IN YOUR REVIEW, UH, THAT THE, UH, THE ORDINANCE APPROVING THE PROJECT ALSO, UH, STATED THAT THE CITY WOULD REVIEW AND APPROVE CCNRS, UH, FOR THE PROJECT? I, I DID NOT SEE THAT.
AS PART OF YOUR INVESTIGATION, DID YOU, UH, THE WATER FLOWING FROM IMPERIAL CREEK, THE IMPERIAL CHANNEL INTO THE PROPERTY COMES UNDER IMPERIAL HIGHWAY, CORRECT? YES.
AND THERE'S, UH, YOU'RE AWARE THAT THERE'S AN EASEMENT THAT ACTUALLY EMANATES FROM BENEATH IMPERIAL HIGHWAY GOING INTO THE COYOTE, UH, VILLAGE PROPERTY THAT IS, UH, CONTROLLED BY ORANGE COUNTY FLOOD CONTROL DISTRICT.
IS THAT CORRECT? IT'S MY UNDERSTANDING IT'S A MAINTENANCE EASEMENT, YES.
AND, UH, DID YOU, AS PART OF YOUR RESEARCH INTO THIS PROJECT, DID YOU LEARN THAT, UH, APPARENTLY WHEN THE ROADWORK TO CONVEY THE, UH, EX UH, EXCUSE ME, THE DRAINAGE WORK THAT FACILITATES THE DRAINAGE FROM THE IMPERIAL CHANNEL INTO THE COYOTE CREEK PROPERTY, WAS, UH, WHEN THAT WORK WAS UNDERTAKEN BENEATH IMPERIAL CHANNEL, UH, BY THE STATE THAT, UH, THERE SOMEBODY HASN'T BEEN ABLE TO LOCATE THE PERMIT FOR THAT WORK.
IT'S THEIR STATE HIGHWAY, SO I'M NOT SURE IF THEY NEED A PERMIT FROM THE CITY.
I'M NOT ASKING FROM THE CITY, BUT DID, DO YOU KNOW IF THERE WAS SOME QUESTION ABOUT WHETHER OR NOT, UH, THAT IMPROVEMENT BY THE, BY THE STATE, UNDER THE HIGHWAY WAS DONE ACCORDING TO, UH, UH, RULES AND REGULATIONS AT THE TIME? YEAH, I DON'T HAVE AN ANSWER TO THAT.
[00:40:58]
EXCUSE ME ONE MOMENT.I HAVE NO FURTHER QUESTIONS FOR MR. MENDOZA.
DO YOU HAVE ANY QUESTIONS FOR ANY OF THE OTHER WITNESSES? YES.
YES, MADAM CHAIRMAN, UH, UH, FROM MR. SIPA, PLEASE? GOOD EVENING, SIR.
UM, I, I HAVE, WOULD, I WOULD LIKE TO ASK ONE MORE QUESTION OF MR. MENDOZA, IF I MAY.
MR. MENDOZA, ARE YOU AWARE THAT MY OFFICE, UH, SENT TO THROUGH CITY ATTORNEY'S OFFICE A, UH, CONCEPTUAL PLAN FOR THE REPAIR OF THE, UH, COYOTE CREEK CHANNEL, UH, IN EARLY MARCH BEFORE THIS, UH, UH, SITUATION DEVELOPED IN MID-MARCH? I HAVE NOT SEEN THOSE PLANS.
SO THE CITY ATTORNEY DIDN'T PROVIDE YOU WITH A, A SET OF DOCUMENTS CALLED COYOTE VILLAGE RESIDENTIAL DEVELOPMENT, SCOPE OF WORK AND GENERAL SPEC SPECIFICATIONS FOR CHANNEL IMPROVEMENTS, UH, DATED MARCH ONE? NO, I DON'T RECALL SEEING THOSE DOCUMENTS.
AND, UH, SO YOU WEREN'T, YOU DIDN'T GIVE ANY ADVICE OR INPUT WITH RESPECT TO SAME, DID YOU? I HAVEN'T SEEN THOSE DOCUMENTS THAT ARE CORRECT.
NOW, IF I MAY GO BACK TO MR. SMA, MR. SMA, UM, YOU'RE THE, UH, CHIEF BUILDING OFFICIAL, IS THAT CORRECT? YES, THAT'S CORRECT.
UH, DO YOU HOLD THE OFFICE THAT, UH, MR. FUEL HELD AT THE CITY OF LAHABRA BACK IN 2013? UH, WHO, WHO HELD OFFICE IN 2013? PARDON ME? YOU SAID MR. FUEL, FUEL.
F E I'M NOT FAMILIAR WITH THAT.
[00:45:01]
W E L L, I'M NOT FAMILIAR WITH THAT.SO YOU'RE NOT FAMILIAR WITH, UH, LETTERS ISSUED BY THE, UH, CHIEF BUILDING OFFICIAL, UH, IN 2013? NO.
ARE YOU THE CUSTODIAN OF THOSE FILES OF THE BUILDING OFFICIALS OFFICE? UH, I WOULD SAY THE CLERK WOULD PROBABLY TAKE CARE OF THAT.
HAVE YOU DONE ANY INDEPENDENT INVESTIGATION TO ASCERTAIN WHY IT IS THAT THERE'S A COVERED CHANNEL THAT TRAVERSES THE COYOTE VILLAGE, UH, PROJECT? UH, NO, I HAVEN'T.
ARE YOU IN A POSITION TO DISAGREE WITH THE, UH, 2013 BUILDING OFFICIAL WHEN HE STATED THAT CHIEF BUILDING INSPECTOR GEORGE SULLIVAN EXPLAINING THAT DURING DEVELOPMENT OF THE SITE, THAT PORTION OF THE IMPERIAL CHANNEL CROSSING THE SITE WAS REQUIRED TO BE ENCLOSED IN A SUBSURFACE BOX CHANNEL AND LANDSCAPED OVER, THEREBY MINIMIZING FUTURE FLOODING OF THE SITE? CAN YOU DISAGREE WITH THAT STATEMENT? UM, NO, I CANNOT.
DID YOU, UH, INSPECT THE, UH, THE CHANNEL, UH, AT COYOTE VILLAGE AFTER THE WORK WAS COMPLETED BY THE CONTRACTORS? YES, I DID.
AND WAS THE, UM, EMERGENCY SITUATION, UH, UH, RESOLVED AT THAT TIME WHEN THE CONTRACTORS LEFT? YEAH, IT WAS IN THE FIRST WEEK OF, UH, APRIL THAT IT WAS, UH, TAKEN CARE OF.
I HAVE NO FURTHER QUESTIONS OF MR. SMA.
I HAVE SOME, UH, LIMITED CROSS-EXAMINATION OF BI REMI.
AS, AS PART OF YOUR, UH, INVESTIGATION, DID YOU HAVE ANY, UM, DISCUSSIONS WITH, WITH MEMBERS OF THE BOARD OF THE HOMEOWNER'S ASSOCIATION? NO, SIR.
SO WERE YOUR COMMUNICATIONS ALL, UH, BY WRITING ISSUED BY THE CITY TO THE ASSOCIATION? CORRECT, SIR.
IN THE INTEREST OF TIME, UM, CAN YOU WRAP IT UP IN THE NEXT COUPLE OF MINUTES? OF COURSE.
DID YOU INSPECT THE, UH, PROPERTY AFTER THE, UH, WORK WAS COMPLETED BY THE CONTRACTORS THAT WERE ON THE SITE IN EARLY APRIL? I DID NOT.
SO YOU DON'T KNOW THE CONDITION OF THE PROPERTY AS IT SITS TODAY, IS THAT CORRECT? THAT'S CORRECT.
SO IF THE EMERGENCY WAS RESOLVED, YOU COULDN'T SAY YES OR NO TO THAT, IS THAT CORRECT? I WAS TOLD, UM, BY THE CHIEF BUILDING OFFICIAL.
I HAVE NO FURTHER QUESTIONS OF THESE WITNESSES.
SO, UM, I NOW INVITE YOU TO PROVIDE YOUR PRESENTATION.
IN THE INTEREST OF TIME, I'VE PREPARED PACKAGES.
I HAVE TWO, AND I WOULD LIKE TO PRESENT THEM TO THE BOARD AND WE CAN DEAL WITH THEM.
BUT IT, MY EXHIBITS ARE ATTACHED TO THESE TWO PACKAGES, SO, OKAY.
AND I BROUGHT ENOUGH FOR EVERYBODY, SO, UH, I'LL PRESENT THEM RIGHT NOW.
I WOULD LIKE TO REMIND THE AUDIENCE, IF ANYBODY WISHES TO SPEAK TO, PLEASE SUBMIT YOUR CARD TO VERONICA.
[00:50:19]
SO THANK YOU.I'M GOING TO INITIALLY, UH, PRESENT WITH MR. HASH, SO MAY I GET THE SECOND MICROPHONE PRESENT, UH, HAND OVER TO MR. HASH? SURE.
YEAH, JUST HAVE A SEAT RIGHT NOW.
FIRST, AGAIN, I'M JOHN PETERSON.
I'M THE ATTORNEY FOR THE HOMEOWNERS ASSOCIATION.
UH, I APPRECIATE THE OPPORTUNITY TO BE HERE.
I WANNA THANK CITY STAFF BECAUSE THEY'VE BEEN ABSOLUTELY PROFESSIONAL IN DEALING WITH US, UH, IN THIS PROCESS.
UH, SO THANK YOU TO STAFF AND, UM, APPRECIATE THE TIME THAT THIS BOARD IS HERE, UH, TO CONSIDER.
INITIALLY, I JUST WANNA PROVIDE A, A BRIEF OVERVIEW, UM, KIND OF AN OPENING, SO TO SPEAK.
UM, THIS IS AN UNFORTUNATE SITUATION FOR EVERYONE.
MY CLIENTS, THE HOMEOWNERS ASSOCIATION AND THE MEMBERS OF THE BOARD OF THE ASSOCIATION ARE ALL LIVING, UH, WITH THE SITUATION THAT IS BEFORE YOU TODAY.
THE QUESTION IS, WHAT YOU ARE BEING ASKED TO DO IS ASCERTAIN WHETHER OR NOT THERE SHOULD BE A NUISANCE ABATEMENT ORDER ISSUED AGAINST THEM, WHICH WILL INFLICT FURTHER DAMAGE TO THEM BECAUSE IT WILL BASICALLY, UH, STIGMATIZE THE PROPERTY FURTHER THAN IT STIGMATIZED, AND IT BECOMES AN ISSUE THAT THEY MAY NOT HAVE TO NOT, UH, THEY DON'T HAVE THE ABILITY TO DEAL WITH.
THAT'S WHY THEY'VE BEEN REACHING OUT TO THE CITY.
THAT'S WHY THEY REACHED OUT TO ELECTED OFFICIALS SUCH AS SENATOR NEWMAN, WHO DID CHAMPION AND AWARD AN EIGHT AND A HALF MILLION DOLLAR ALLOWANCE FROM THE STATE BUDGET TO THE CITY TO GET THIS JOB FIXED.
SO, AND ALL ALONG, MY CLIENT HAS BEEN PROACTIVE IN TRYING TO GET THIS TAKEN CARE OF.
SO THAT'S THE BACKGROUND HERE.
THESE ARE NOT PEOPLE THAT ARE SITTING ON THEIR HANDS AND BEING SCOFF LAWS WITH A NUISANCE CONDITION.
NO, THEY HAVE BEEN PROACTIVE BECAUSE THEY LIVE THERE, THEY WANT THE PROBLEM SOLVED, AND THEY'RE WORKING WITH THEIR STATE LEGISLATURES, STATE LEGISLATORS, COUNTY LEGISLATORS, AND TRYING TO GET SOMETHING DONE.
SO, I JUST WANT YOU TO UNDERSTAND THAT FRAMEWORK THIS EVENING STARTED WITH THE CITY'S NUISANCE ABATEMENT ORDER OR NOTICE, AND WE SUBMITTED, UH, AN APPEAL.
IT WAS RECEIVED BY PLANNING APRIL 25.
I DON'T KNOW EXACTLY WHAT THE PROCESS IS HERE, UH, BUT IT WAS SENT BY THE COYOTE VILLAGE HOMEOWNER ASSOCIATION.
SO I'M GONNA ASK MR. HOSH, MR. HOSH, WOULD YOU TURN TO EXHIBIT ONE, PLEASE? OF THE PACKET I HANDED YOU? PLEASE IDENTIFY WHO MR. HASH IS.
MR. HASH, WOULD YOU PLEASE INTRODUCE YOURSELF? YES.
UH, DON HASH, I'M H A S C H, UH, THE BOARD PRESIDENT OF, UH, COTA VILLAGE.
UH, FOR, IS IT OKAY IF MR. HASH ANSWERS BY SITTING OR DOES SHOULD THAT'S FINE.
AS LONG AS WE CAN HEAR HIM, I WANNA SHOW DUE RESPECT TO THE, THE BOARD HERE.
SO, MR. HASH, UH, EXHIBIT ONE IN THE PACKET I PRESENTED TO THIS BOARD TODAY IS A, UH, LETTER FROM COYOTE VILLAGE HOMEOWNERS ASSOCIATION.
YOU SIGNED THAT, IS THAT CORRECT? YES.
AND IS THAT A, UH, THE, UH, BASICALLY THE NOTICE WHERE WE, WHERE THE ASSOCIATION IDENTIFIED ITS CONTEST AND, UH, APPEAL OF THE, UH, ABATEMENT NOTICE THAT WAS RECEIVED? YES.
[00:55:01]
AND IF YOU LOOK AT PAGE SIX, EXCUSE ME, PAGE FOUR OF THAT LETTER, THAT'S YOUR SIGNATURE, IS THAT CORRECT? YES, IT IS.AND, UH, ARE THOSE, UH, ARE THE MATTERS THAT YOU SET FORTH IN THERE, UH, TRUE AND CORRECT OF YOUR, UH, OWN KNOWLEDGE? YES, SIR.
I WOULD ASK THAT THIS BOARD ACCEPT, UH, EXHIBIT ONE AS, UH, PART OF THE, UH, EVIDENCE FOR THIS HEARING? YES.
IT WAS PART OF THE PUBLIC AT PUBLIC ATTACHMENT, THE AGENDA PACKAGE, SO, OKAY.
IT'S ALREADY PART, PART OF THE RECORD.
EXHIBIT TWO, UH, IS, IS JUST A MAP.
IT JUST LAYS OUT FOR THE BOARD.
AND FOR ANYBODY THAT DOESN'T KNOW THE LOCATION OF THE PROJECT, THERE'S A LITTLE GREEN BELT THAT SHOWS WHERE THE ARROW TO COYOTE VILLAGE IS.
AND TO THE RIGHT OF THIS EXHIBIT TWO, IT SHOWS WHERE THE IMPERIAL CHANNEL IS.
SO THAT'S, THAT JUST LAYS OUT FOR PERSPECTIVE, SO THAT EVERYBODY, UH, MAKING DECISIONS HERE, AND AGAIN, PHOTOGRAPHS THAT I THINK ARE PART OF THE, UM, THE RECORD THAT THE, UH, CITY PRESENTED.
UM, THESE ARE SIMILAR PHOTOGRAPHS SHOWING THE SITUATION.
EXHIBIT THREE IS A IMPERIAL CHANNEL PROJECT REPORT.
WE DON'T NEED TO SPEND MUCH TIME ON THAT.
EXHIBIT FOUR IS THE TRACK MAP.
IT SHOWS HOW THE PROJECT WAS LAID OUT.
EXHIBIT FIVE IS PRESS RELEASE BY SENATOR NEWMAN ANNOUNCING HIS 8.5 MILLION, UH, FUND TO SOLVE THE PROBLEMS AT THE IMPERIAL, UH, CHANNEL AS IT TRAVERSES COYOTE VILLAGE.
EXHIBIT SIX IS THE, UH, ACTUAL BUDGET BILL, THE ASSEMBLY BILL 1 79, WHERE ON PAGE 3 28, THERE'S A YELLOW HIGHLIGHT, SHOWS THAT 8.5 MILLION IS AWARDED TO THE CITY OF LAHABRA FOR THE COYOTE CREEK AND IMPERIAL CHANNEL IMPROVEMENT PROJECT.
EXHIBIT SEVEN, MR. PRESS RELEASE ON BEHALF OF THE CITY.
I UNDERSTAND FROM COUNSEL THIS IS NOT AN ISSUE ABOUT BUDGET, BUT, UH, TONIGHT, BUT I THINK IT'S IMPORTANT, EXHIBIT EIGHT IS A JOINT STATUS CONFERENCE STATEMENT THAT IS BEFORE THE COURT IN PENDING LITIGATION SIGNED BY ATTORNEYS FOR THE CITY.
AND I, I THINK IT'S IMPORTANT FOR THE BOARD TO UNDERSTAND THAT THIS STATEMENT HAS BEEN SIGNED OFF BY ALL COUNSEL, INCLUDING THE CITY'S ATTORNEY.
THE DEPARTMENT OF WATER RESOURCES HAVE BEEN, HAS BEEN ALLOCATED FUNDS THAT SHOULD BE MADE AVAILABLE TO THE CITY FOR THE ULTIMATE REPAIR SINCE THE COLLAPSE VERSUS PRIVATE PROPERTY OWNED BY THE ASSOCIATION.
THE CITY SOUGHT INPUT FROM THE STATE ATTORNEY GENERAL'S OFFICE CONCERNING WHETHER ALLOCATING SUCH FUNDS FOR THEIR REPAIR COULD BE CONSTRUCTED AS A GIFT OF PUBLIC FUNDS.
JUST RECENTLY, AND BY THE WAY, THIS WAS SIGNED MAY 23RD, 2023, JUST RECENTLY, THE CITY WAS ORALLY INFORMED THAT THE LEGISLATIVE COUNCIL'S OFFICE DETERMINED THAT AMONG OTHER REASONS, THE EXPENDITURE OF SUCH FUNDS, SINCE IT WAS, IS BASED UPON AN ACT BY THE LEGISLATURE.
IT WOULD NOT BE CONSIDERED A GIFT OF PUBLIC FUNDS.
THE PARTIES BELIEVE THAT THE FUNDS ALLOCATED BY AB 1 79 SHOULD BE SUFFICIENT TO MAKE THE NECESSARY IMPROVEMENTS TO REPAIR THE CHANNEL AND REIMBURSE THE CITY FOR THE MOST RECENT EMERGENCY REPAIR WORK.
THE PARTIES HAVE BEEN WORKING COOPERATIVELY TO DETERMINE THE NEXT STEPS FOR THE PROJECT.
NOW THAT THE LEGISLATIVE COUNCIL'S OFFICE HAS WEIGHED IN ON THE ISSUE OF USING PUBLIC FUNDS TO REPAIR THE CHANNEL, THE ASSOCIATION WITH INPUT FROM THE COUNTY AND THE CITY PLAN TO PREPARE, PROCEED WITH SPECIFIC PLANNING AND EXPENDING THE FUNDS AND MOVE FORWARD WITH THE REPAIR.
NEVERTHELESS, THE WORK IS NOT ANTICIPATED TO BE COMPLETED UNTIL AT THE ABSOLUTE EARLIEST BY THE END OF THE YEAR.
EXHIBIT NINE IS A LETTER, I THINK ALSO IN THE RECORD FROM MR. KRANER TO ME.
EXHIBIT 10 IS A LETTER FROM ME TO MR. KRANER DATED MARCH 17.
I THINK THAT MIGHT BE IN THE RECORD.
AGAIN, WE GET INTO SOME HISTORY WITH THE PLANNING COMMISSION SETTING FORTH IN EXHIBIT 11, WHY IT IS AND HOW IT IS THAT THIS SITUATION OCCURRED.
EXHIBIT 12 OR SOME PERMITS, EXHIBIT 13.
AGAIN, MORE HISTORY WITH RESPECT TO WHY AND HOW
[01:00:01]
THE SITUATION OCCURS.BUT CLEARLY, THE CITY WAS INVOLVED IN THE PROCESS.
MY SECOND PACKET IS EXHIBIT 14, AND THE ONLY NE NARRATIVE THERE IS MY DECLARATION AUTHENTICATING THE DOCUMENTS.
BUT THERE'S AN IMPORTANT, IMPORTANT DOCUMENT HERE THAT I WANT THIS BOARD TO KNOW.
EXHIBIT OF 14 IS A LETTER FROM ME TO MR. KRANER IN MARCH, MARCH 3RD, 2013.
BEFORE THIS MOST RECENT CALAMITY OCCURRED.
WE ALL, WE ALL KNEW THE SITUATION NEEDS TO BE, NEEDED TO BE RESOLVED.
AND WE WERE WORKING BECAUSE THE FUNDING WAS ALREADY THERE, AND WE WERE TRYING TO WORK WITH THE CITY TO, TO EFFECTUATE A SOLUTION.
AND THIS LETTER EXPLAINS SOME OF THAT BACK IN MARCH 3RD.
BUT THIS IS JUST SOMETHING THAT HAD BEEN OCCURRING SINCE ALL OF LAST YEAR SINCE THAT THE BUDGET WAS ENACTED IN JULY AND APPROVED WITH THAT AB THAT I TALKED ABOUT A MOMENT AGO.
BUT IN THIS LETTER, I INCLUDED A LINK AND IT SHOWS THAT THIS ASSOCIATION, MY CLIENT WAS PROACTIVE.
WE COMMISSIONED A REPAIR PLAN FROM A GEOTECHNICAL ENGINEER THAT WORKS IN PUBLIC WORKS MATTERS.
AND WE SENT THAT TO MR. KRANER, THE SAME SET OF DOCUMENTS THAT, UH, MR. MENDOZA WAS NOT AWARE OF.
AND EXHIBIT 15 IN MY PACKAGE SHOWS A PRINTED VERSION OF THE REPAIR PLAN.
NOW, IT'S A CONCEPTUAL REPAIR PLAN, BUT THE FACT IS MY CLIENT HAS BEEN PROACTIVE.
THEY PAID FOR THIS, IT'S A LEGITIMATE REPAIR PLAN.
WHETHER OR NOT THAT'S THE ONE THAT'S APPROVED, WE, THAT'S NOT THE ISSUE TODAY.
WE HAVE BEEN TRYING TO GET THE PROBLEM SOLVED.
I THINK SOMETHING THAT BECOMES VERY IMPORTANT THOUGH IS, IS MR. KRANER LETTER TO ME OF MARCH 17.
I WON'T READ THE WHOLE LETTER BECAUSE BASICALLY THAT WHOLE PERIOD OF TIME IN MARCH WHERE WE WERE JUST TRADING LETTERS, YOU CAN, YOU CAN ALL DRAW YOUR CONCLUSIONS FOR IT.
BUT THE LAST PARAGRAPH, THE LAST PARAGRAPH IS CRITICALLY IMPORTANT FOR THIS BOARD TO UNDERSTAND.
THE CITY DOES NOT HAVE THE ANY CONTROL OVER THE STATE'S GRANT FUNDING AT THIS TIME.
THE CITY WILL ATTEMPT TO USE A PORTION OF THE FUNDS THE STATE HAS ALLOCATED.
HOWEVER, THERE'S NO GUARANTEE THAT THE FUNDS WILL EVENTUALLY BECOME AVAILABLE AND CAN BE LEGALLY USED FOR THIS PURPOSE.
IF THE STATE FUNDS ARE NOT AVAILABLE, THEN THE HOA AND ITS MEMBERS WILL BE ASSESSED.
ALL ABATEMENT COSTS, INCLUDING INCIDENTAL EXPENSES GOES ON.
WELL, AGAIN, IF THE BOARD CONSIDERS THIS LETTER ALONG WITH THE JOINT STATEMENT THAT WAS SUBMITTED TO THE COURT, SIGNED OFF BY THE CITY'S ATTORNEY, WHERE WE ARE EXPLAINING TO THE COURT THERE'S A SOLUTION HERE, THE FUNDS ARE GOING TO BE USED AND WE'RE ALL WORKING TOWARD IT, WELL, WHAT HAPPENS IS THIS, THIS PROCESS TONIGHT, THIS PROCESS TONIGHT BECOMES OBVIATED.
AND ALL THAT YOU WILL ACCOMPLISH TONIGHT IF YOU WERE TO ADOPT THIS NUISANCE IS GIVE RISE TO FURTHER LITIGATION.
THERE IS A VERY, VERY INTERESTED GROUP OF OWNERS AND HOMEOWNERS ASSOCIATION HERE THAT WANNA GET THIS JOB DONE, AND THE FUNDS ARE THERE AND IT'S GOT TO COME THROUGH THE CITY.
AND YET WE CAN'T CONTROL WHAT THE CITY DOES.
WE'VE BEEN CALLING WEEKLY FOR MEETINGS TO GO FORWARD, AND WE JUST KEEP HEARING, WELL, WE'RE WORKING WITH DEPARTMENT OF WATER RESOURCE, WE'RE DOING THIS, WE'RE DOING THAT WELL, AGAIN, BUT WE ARE, WE'RE NOT PRIVY TO IT.
THEY'RE JUST, THEY'RE NOT TELLING US WHAT'S HAPPENING.
THEY'RE SAYING, WELL, WE'LL GET TO YOU.
YOU'RE GONNA HAVE TO SIGN OFF IN THE AGREEMENT WHEN WE GET THERE, WE'LL GET TO YOU.
BUT THAT'S NOT THE WAY TO TREAT THIS, BECAUSE WHAT'S HAPPENING IS NOW THE CITY, THE AWESOME POWER OF THE GOVERNMENT IS COMING AT MY CLIENT NOW TO ISSUE AN ABATEMENT ORDER FOR A PROBLEM.
THAT CITY STAFF THAT ARE HERE TONIGHT ALREADY TOLD YOU ACTUALLY HAS BEEN RESOLVED.
NOW, WE KNOW THE CHANNEL NEEDS TO BE FIXED.
WE KNOW THAT THE FUTURE STATUS OF THAT CHANNEL NEEDS TO BE RESOLVED IN SOME DIFFERENT FASHION.
BUT IN TERMS OF A NUISANCE TODAY, AN ABATEMENT TODAY, IT'S DONE.
THAT WORK WAS DONE, AND THE FUND IS THERE TO FIX THE WHOLE JOB.
AND SO OUR POSITION IS, IT JUST DOESN'T MAKE SENSE FOR THIS, THIS BODY TO MOVE FORWARD WITH AN EJECTMENT OR A A A ABATEMENT ORDER BECAUSE THE PROBLEM HAS ALREADY BEEN RESOLVED.
AND ALL THAT WILL DO IS LEAD TO
[01:05:01]
SOMETHING THAT MIGHT TURN INTO SOME ASSESSMENT AGAINST US FOR WHICH THE CITY HAS THE FUNDS BECAUSE THE STATE HAS PROVIDED THOSE FUNDS.SO NOW I'M GONNA JUST BE A LITTLE MORE TRADITIONAL.
I'M GONNA ASK MR. HASH JUST A FEW MORE QUESTIONS.
SO, MR. HASH, SINCE, UH, IN YOUR CAPACITY AS THE, UH, ASSOCIATION PRESIDENT, WH WHEN DID YOU BECOME ASSOCIATION PRESIDENT? UH, APPROXIMATELY 20, UH, OR 2011.
SO YOU'VE BEEN THE PRESIDENT THROUGH BOTH THE EVENTS OF 2019 AND THROUGH 2023, IS THAT CORRECT? THAT IS CORRECT.
AND BEGINNING WITH THE EVENTS OF 2019 AND CONTINUING TO THIS EVENT, UH, OH, BY THE WAY, IN, IN 2019, UM, THERE WAS A COLLAPSE, CORRECT? UH, YES, UNFORTUNATELY.
AND, UH, DID THE CITY ASSIST YOU IN, IN GETTING THAT COLLAPSE RESOLVED AT THAT POINT? UH, THE COUNTY ACTUALLY COORDINATED WITH THE CONTRACTORS AND CLEARED THE COLLAPSE SECTION OF THE TUNNEL.
AND DID THE, THE COUNTY AT THAT POINT ASSESS A NUISANCE ABATEMENT AGAINST YOU? NO, THEY DID NOT.
EVERYTHING WAS DONE THROUGH AGREEMENT AND NEGOTIATION, CORRECT? YES, TO MY UNDERSTANDING, CORRECT.
AND NOW, HERE IN 20, UH, 23, THIS HAPPENED, AND FOR THE LAST YEAR, AT LEAST SINCE THE BUDGET, UH, UH, UH, ALLOWANCE CAME IN THROUGH THE STATE OR WE, WE BECAME AWARE OF IT, YOU'VE BEEN ATTEMPTING TO WORK WITH THE CITY TO TRY TO GET THINGS RESOLVED, ISN'T THAT CORRECT? UH, YES.
PROBABLY MORE THAN I WOULD LIKE.
AND, UM, IN, IN THAT REGARD, UH, HAVE, HAVE YOU EVER DENIED THE CITY ACCESS TO COME IN AND, AND, UH, WORK ON THE PROPERTY OR COME IN AND INSPECT THE PROPERTY OR DO WHAT NEEDS TO HAPPEN WITH THE PROPERTY TO HELP THIS SITUATION ALONG? UH, NO.
WE'VE EXTENDED EVERY OPPORTUNITY TO VISIT THE SITE AND ASSIST US WITH ANY IMPROVEMENTS AVAILABLE.
AND, UM, IS IT, IS IT YOUR GOAL AS PRESIDENT OF THIS ASSOCIATION TO GET THIS PROB PROBLEM FULLY AND COMPLETELY RESOLVED? UH, YES, PLEASE.
AND, AND IS IT YOUR UNDERSTANDING THAT THE FUNDS THAT HAVE BEEN PROVIDED BY THE, UH, ALLOCATED BY THE STATE, UH, SHOULD BE SUFFICIENT TO GET THIS DONE BASED ON THE INFORMATION YOU'VE LOOKED INTO AND LEARNED ABOUT? THAT'S MY UNDERSTANDING.
BASED ON DISCUSSION WITH THE CITY, THE COUNTY, UH, SENATOR NEWMAN'S OFFICE AND OTHER, UH, OFFICIALS? YES.
AND, UM, HAVE YOU TALKED TO SOME OF YOUR CONSTITUENTS, YOUR HOMEOWNERS, UH, IN TERMS OF THE, THE CONCERNS THAT THEY HAVE RELATIVE TO, UH, AN ORDER, UH, TO A BETA NUISANCE ON THEIR PROPERTY? IF, SHOULD IT BE GRANTED TONIGHT? YES, ABSOLUTELY.
WE'VE HAD NUMEROUS MEETINGS AND DISCUSSIONS AND PROVIDED ELECTRONIC, UH, INFORMATION AS WELL.
AND, UM, CAN YOU ARTICULATE SOME OF THE CONCERNS YOU'VE HEARD AS PRESIDENT OF THAT ASSOCIATION? UH, NOT SPEAKING FOR THEM, BUT SOME OF THE CONCERNS WERE, OF COURSE, SEEMS THEY COULD HAVE BUY OR SELL THEIR PROPERTY.
UH, SOME INDIVIDUALS, UH, OWNERS THAT ARE IN PROCESS OF BUYING OTHER PROPERTIES AS WELL, AND THAT COULD BE STYMIED.
UH, SO THERE'S A NUMBER OF ISSUES, UM, THAT COULD ARISE FROM A LIEN OR ANY TYPE OF, UH, ISSUE WITH THE PROPERTIES THAT WE OWN TODAY.
IS IT YOUR GOAL TO, UH, ASSIST THE CITY AND FACILITATE IN ANY WAY THE ASSOCIATION CAN TO TRY TO COMPLETELY, UH, REPAIR THE COYOTE, UH, VILLAGE PROPERTY AS IT CONVEYS THE WATER FROM ONE PUBLIC FACILITY TO ANOTHER? YES.
AND, AND WHAT ELSE? I HAVE NO FURTHER QUESTIONS RIGHT NOW.
DOES THE CITY'S REPRESENTATIVE WISH TO CROSS EXAMINE THE WITNESS? I DO.
UH, I JUST HAVE A COUPLE OF QUESTIONS FOR YOU.
FIRST, YOU STATED YOU WERE AWARE OF A PREVIOUS COLLAPSE IN 2019, CORRECT? YES.
WAS THE SECOND COLLAPSE, WHICH IS AT ISSUE HERE, UM, LOCATED IN THE SAME SPOT AS THE FIRST COLLAPSE? UH, NO.
UM, APPROXIMATELY 50 YARDS, MAYBE AWAY FROM IT.
SO THE FIRST COLLAPSE HAPPENED IN 2019, CORRECT? JANUARY, 2019? YES.
AND THE SECOND IN 2023, MARCH OF 23.
ARE YOU AWARE OF ANY LITIGATION THAT'S PENDING BETWEEN THE HOA AND THE CITY, UH, REGARDING THIS? THE FIRST COLLAPSE? NO, NOT THE FIRST COLLAPSE.
[01:10:01]
OH, THIS, OKAY.UM, IT'S ACTUALLY THE, THE SEPARATE ATTACHMENT, UM, EXHIBIT 16, IF YOU HAVE THAT IN FRONT OF YOU.
IF YOU DON'T, I CAN GIVE YOU A NEW COPY.
AND SOMEONE SHOW US WHAT THAT LOOKS LIKE.
SORRY, WE, WE GOT A LOT OF EXHIBITS IN HERE.
IT'S, UH, A MUCH SMALLER PACKET.
IT'S TITLED THE FIRST AMENDED COMPLAINT.
COULD YOU PLEASE TURN TO PAGE SEVEN OF THAT DOCUMENT? DID AND DOES THIS DOCUMENT LOOK FAMILIAR TO YOU? HAVE YOU SEEN THIS? IT DOES, YES.
AND THIS IS THE HOA FIRST AMENDED COMPLAINT AGAINST THE CITY REGARDING THAT FIRST COLLAPSE, CORRECT? IT APPEARS TO BE SO, YES.
IN PARAGRAPH 31, YOU, IT DESCRIBES THE ISSUE WITH, WITH THE CHANNEL, AND IT STATES THAT, UM, IT AFFECTS A SUBSTANTIAL NUMBER OF PEOPLE AT THE SAME TIME, INCLUDING WITHOUT LIMITATION THOSE LIVING AT THE SUBJECT PROPERTY AND OTHERS AT FLOOD AT RISK OF FLOODING THAT COULD RESULT FROM A FURTHER COLLAPSE OF THE COVERED CHANNEL.
SO THAT'S WHAT IT SAYS, CORRECT? IT DOES, YES.
SO THE HOA WAS AWARE THAT A FUTURE COLLAPSE COULD OCCUR? UH, YES.
WHAT STEPS, IF ANY, DID THE HOA TAKE TO REMEDY THAT ISSUE? WE DIDN'T HAVE THE FINANCIAL MEANS OURSELVES.
SO WE HAD CONTINUALLY REACHED OUT TO THE CITY, COUNTY, AND, UH, STATE, UH, REPRESENTATIVES IN AN EFFORT TO ATTEMPT TO OBTAIN SOME ASSISTANCE, UH, FROM CONTRACTOR PERSPECTIVE, FUNDING PERSPECTIVE, UM, EDUCATION PERSPECTIVE, KNOW WHAT TO DO.
CUZ AGAIN, AS A VOLUNTEER BOARD MEMBER, UH, WE WEREN'T AWARE OF A TUNNEL AND HAD NO EXPERTISE, YOU KNOW, AS FAR AS MANAGING A TUNNEL OR TRYING TO REPAIR A TUNNEL ON OUR OWN.
SO I REACHED OUT TO THE EXPERTS, UH, FROM OUR UNDERSTANDING AT THE VARIOUS DIFFERENT AGENCIES, UM, AGAIN, NUMEROUS TIMES IN AN ATTEMPT TO TRY AND GET INFORMATION AND, UH, I GUESS, UH, DIRECTION AS TO WHAT WE COULD OR SHOULD DO.
SO DID YOU TAKE ANY STEPS TO HIRE A CONTRACTOR TO REMOVE SOME OF THE SOIL THAT MIGHT LEAD TO A FURTHER COLLAPSE? WE REACHED OUT TO CONTRACTORS.
UM, MANY OF THOSE CONTRACTORS TURNED US DOWN BECAUSE WE'RE A PRIVATE ENTITY AND THEY DIDN'T WANNA TAKE ON THE LIABILITY.
UM, WE WERE EVEN INFORMED BY MEMBERS OF THE CITY AND COUNTY AT THE TIME THAT IT MIGHT BE CHALLENGING FOR US TO OBTAIN CONTRACTORS BECAUSE THEY DID WANT MORE SUBSTANTIAL LIABILITY COVERAGE, WHICH THEY WOULD GET IN A PUBLIC, UH, CONTRACT ENVIRONMENT.
SO, AND JUST FOR MY CLARIFICATION, IT WAS MORE OF AN INSURANCE ISSUE.
YOU DIDN'T HAVE ENOUGH INSURANCE TO POTENTIALLY COVER WHAT THE CONTRACTOR WOULD WANT, IS THAT, OR, YEAH, THEY FELT THEY DIDN'T HAVE ENOUGH PROTECTION IF SOMETHING DID GO WRONG.
UH, WHERE AGAIN, THEY WERE USED TO DOING PUBLIC CONTRACTS, GOVERNMENT CONTRACTS, WHERE THEY HAVE MUCH GREATER LIABILITY PROTECTION.
SO THAT WAS, UH, ONE OF THE PRIMARY ISSUES AS WELL AS THE FUNDING.
UH, AGAIN, WE'RE A 70 FAMILY HOA WITH VERY LIMITED FUNDS, UH, AND WE KNEW FROM THE BEGINNING WE DID NOT HAVE THE, UH, RESOURCES IN EARLY DISCUSSIONS WITH THE CITY AND COUNTY.
THEY WERE LOOKING AT ALTERNATIVE FUNDING OPTIONS, OPTIONS, INCLUDING LOANS OR, UH, OTHER METHODS, UH, GRANTS, BONDS.
UH, THE CITY ACTUALLY ASSISTED IN SUBMITTING A REQUEST FOR A BOND THROUGH, I BELIEVE IT WAS THE, UH, ONE OF THE ENVIRONMENTAL AGENCIES, UH, WHICH DIDN'T GET APPROVED.
SO YEAH, WE, UH, WE TRIED EVERYTHING THAT WE COULD, UH, GIVEN OUR, OUR LIMITED RESOURCES AND CAPABILITIES.
UM, DOES THAT COMPLETE YOUR REBUTTAL? IT DOES.
UM, SO I'M SORRY THAT, THAT, SORRY, SORRY, SORRY.
UM, THE COMMISSION MAY ASK QUESTIONS.
DOES THE COMMISSION HAVE ANY QUESTIONS AT THIS TIME? I HAVE A QUESTION, PLEASE.
FOR MR. HASH, WHEN WAS THE LAST TIME, PRIOR TO THE, THE, THE FIRST COLLAPSE? HOW MANY INSPECTIONS HAD YOU HAD OF THE CHANNEL, OR IS THAT WHAT WE'RE, WE'RE CALLING IT THE CHANNEL? THE, I DON'T RECALL HOW MANY WE HAD DONE PERSONALLY.
I KNOW THE CITY AND COUNTY HAD ALSO COME OUT.
UH, THERE WAS A STUDY, I THINK IT WAS ONE OF THE EXHIBITS, POSSIBLY THAT THE COUNT? NO, THERE WASN'T ONE OF THE EXHIBITS.
[01:15:01]
OH, BEFORE THE FIRST COLLAPSE, WE DIDN'T KNOW OF THE TUNNEL.PRIOR TO THE FIRST COLLAPSE, YOU DIDN'T KNOW THAT THE TUNNEL EXISTED? NO, IT WASN'T IN OUR CCNRS, IT WASN'T IN OUR PURCHASE DOCUMENTS, UH, AS AN OWNER OR AS A BOARD MEMBER.
SO, NO, WE HAD NO, NO KNOWLEDGE OF IT.
THE ONLY THING THAT WE UNDERSTOOD THAT WAS UNDERGROUND WERE THE SEWER AND DRAINAGE, YOU KNOW, FACILITIES THAT WERE MANAGED BY, UH, PUBLIC WORKS THAT WE PAY OUR UTILITIES FOR.
THAT'S WHY IT WAS SO SHOCKING WHEN THE FIRST COLLAPSE OCCURRED.
THE CITY DID COME OUT AND INITIALLY THEY STARTED TO DO IMMEDIATE REPAIR WORK, AND THEN THE NEXT MORNING THE CITY'S ATTORNEY CONFIRMED TO THE CITY THAT THEY FOUND OUT IT WAS PRIVATE PROPERTY.
AND THAT WAS THE FIRST ANY OF US KNEW THAT IT WAS PRIVATE PROPERTY.
COMMISSIONER MANLEY, THANK YOU.
UM, I NOW INVITE THE HO'S REPRESENTATIVE TO COME FORWARD FOR THE HO'S REBUTTAL, IF ANY, AND TO ANSWER ANY QUESTIONS FROM US.
BUT I WILL REMIND YOU THAT IS A LIMITED TO FIVE MINUTES.
I THINK THIS GOT A LITTLE OUT OF ORDER.
THE CITY WILL DO ITS REBUTTAL FIRST AND THEN THE HOA.
AND I'M GONNA STAND HERE JUST SO YOU CAN ALL SEE ME BETTER.
UM, AS MUCH AS I WOULD LIKE TO KEEP THE FINANCIAL ASPECT OUT OF IT, IT'S, IT'S CLEAR THAT IT'S A, A BIG CONCERN TO THE RESIDENTS.
UM, BUT I'D LIKE TO REFOCUS THE COMMISSION ON TO THE, ONTO THE PURPOSE OF WHAT THIS MEETING IS FOR.
THE MEETING IS FOR PURELY A DECLARATION OF PUBLIC NUISANCE.
IS, IS THIS PROPERTY AND WAS THIS PROPERTY A PUBLIC NUISANCE? AND DO WE NEED TO DECLARE A NUISANCE NOW? AND I WOULD ARGUE THAT WE DO, WE'VE HEARD FROM CITY STAFF THAT AT THE TIME IT WAS AN EMERGENCY THAT THE, THAT THIS NEEDED TO BE CORRECTED IMMEDIATELY OR THERE WAS A RISK OF FLOODING.
SO AT THE TIME THERE WAS AN EMERGENCY AND IT NEEDED TO BE ABATED.
CURRENTLY, THIS IS WHAT IT LOOKS LIKE.
THERE'S STILL A NUISANCE ON THE PROPERTY.
THE, ALTHOUGH THE CHANNEL IS CLEAR, UH, THE IMMEDIATE PROBLEM HAS BEEN ABATED.
THERE ARE SEVERAL OTHER NUISANCES THAT EXIST ON THE PROPERTY.
UM, AS YOU CAN SEE, THERE'S A LOT OF THE PROPERTY THAT'S ESSENTIALLY UNUSABLE.
UM, A LOT OF TARPS AND BASICALLY EMPTY SPACE THAT'S NOT USABLE BY THE RESIDENCE.
UM, SO IS IT A NUISANCE? I WOULD ARGUE IT IS.
UNFORTUNATELY, THERE IS AN ASPECT OF IT, THE FINANCIAL ASPECT.
UM, THERE WILL BE POTENTIALLY A SECOND HEARING ON THAT ASPECT ALONE TO CONFIRM THE FEES THAT WERE ASSOCIATED WITH THIS.
HOWEVER, AT THIS TIME, WE DON'T KNOW WHAT THE STATUS OF THE GRANT IS.
WE DON'T HAVE THAT ABILITY TO KNOW WHAT WILL HAPPEN IN THE FUTURE WITH THAT GRANT.
AND WE, THE CITY NEEDS THE DECLARATION OF A PUBLIC NUISANCE IN ORDER TO ENSURE THAT THE CITY CAN RECOUP THE FUNDS THAT IT EXPENDED TO CORRECT THESE NUISANCES BACK IN MARCH AND APRIL, AND POTENTIALLY IN THE FUTURE IF IT DOESN'T GET CORRECTED.
DOES THE COMMISSION HAVE ANY QUESTIONS? GO AHEAD, COMMISSIONER MANLEY, THE QUESTION MAY BE ANSWERED BY YOU, IT MIGHT BE MORE APPROPRIATE FOR CITY STAFF, BUT YOU CAN DECIDE, UM, WHAT CRITERIA WOULD BUILDING STAFF UTILIZE TO DETERMINE IF SOMETHING IS A PUBLIC NUISANCE? THERE IS A SPECIFIC SECTION IN THE MUNICIPAL CODE.
UM, SOME OF THOSE SECTIONS WERE IDENTIFIED IN THE NOTICE OF PUBLIC NUISANCE.
UM, AND THERE'S, THERE'S BASICALLY A LAUNDRY LIST AND BUILDING AND CODE ENFORCEMENT CAN USE THAT LIST TO IDENTIFY NUISANCES.
AND AS THE PROPERTY SITS IN ITS CURRENT CONDITION, UM, OF THAT LAUNDRY LIST OF ITEMS, WHAT WOULD BE ON THAT LIST THAT WOULD CITY WOULD DETERMINE THAT IT FITS UNDERNEATH THAT CATEGORY AS A PUBLIC NUISANCE.
I WILL DEFER TO STAFF ON THAT SO THEY CAN ANSWER THAT QUESTION.
IF WE COULD GET A MICROPHONE TO YOU, OR IF YOU COULD GO UP TO THE D, THAT'D BE GREAT.
[01:20:03]
UH, I WOULD LIKE TO, UM, THIS, UH, PARTICULAR CODE 18.74 MUNICIPAL CODE MAINTENANCE OF ADVERSE TOPOGRAPHY, UM, MAINTENANCE OF HAZARD CONDITIONS, CONDITIONS TO MAINTAIN, UH, SOME ACTIVITY OR CONDITION THAT WOULD SERIOUSLY ENDANGER PUBLIC HEALTH OR SAFETY AND RELATED TO BUILDINGS AND STRUCTURES.JUST GONNA STOP YOU FOR A SECOND THERE.
I WANTED SOME DIRECTION ON WHERE WE COULD FOLLOW ALONG WITH WHAT YOU'RE READING FROM MAYBE THE FELLOW COMMISSIONERS.
WHERE ARE WE AT THE, THE SECTION WAS MENTIONED IN THE STAFF REPORT PROVIDED, I THINK MR. COMMISSIONER WAS OH, OR THAT, YES.
COULD YOU KINDLY RE PLEASE, UH, JUST SHARE THAT WITH US AGAIN AS CLEARLY AS YOU POSSIBLY CAN? YEAH.
I WOULD LIKE TO, UH, FIRST STATE THE, UH, 18.74, AND THAT TALKS ABOUT MAINTENANCE OF ADVERSE TOPOGRAPHY TO MAINTAIN LAND THAT TOPOGRAPHY, GEOLOGY, OR CONFIGURATION OF WHICH CAUSES EROSION, SUBSIDENCE, OR SURFACE WATER RUNOFF PROBLEMS OF SUCH MAGNITUDE AS TO BE INJURIOUS OR POTENTIALLY INJURIOUS TO PUBLIC HEALTH SAFETY OR GENERAL WELFARE, EXCUSE ME.
AND THEN THE, UH, CODE THAT SAYS THAT'S 18 POINT SOME 4.0 40 MAINTENANCE OF HAZARD CONDITIONS TO MAINTAIN SOME ACTIVITY OR CONDITION THAT WOULD SERIOUSLY ENDANGER PUBLIC HEALTH OR SAFETY, AND WHICH IS RELATED TO BILLING STRUCTURES OR APPENDAGES.
UM, ALSO, UH, 1870 4.040 SUPPLEMENTAL CONDITIONS AND MAINTENANCE OF DETRIMENTAL PROPERTY CONDITIONS, UH, TO MAINTAIN OR FAIL TO MAINTAIN PROPERTY OR ANY BUILDING OR STRUCTURE THEREON IN SUCH CONDITIONS SO THAT IT IS DEFECTIVE AND SADLY, OR IN SUCH CON, IN SUCH CONDITIONS OF A DETERIORATION OR DISREPAIR THAT IT CAUSES OR WILL CAUSE A HEALTH, SORRY, TURN PAGE THAT'S, UM, SAFETY HAZARD OR IN SUCH A MANNER AS TO CONTINUE A PUBLIC NUISANCE AS DEFINED IN CALIFORNIA CIVIL CIVIL CODE SECTION 34 80.
UM, I DON'T HAVE ANY FURTHER QUESTIONS AT THIS TIME.
ANY QUESTIONS? STAFF COMMISSIONER ZURICH? I HAVE A QUESTION.
ACTUALLY, I DO HAVE ONE QUESTION.
I APOLOGIZE FOR INTERRUPTING YOU.
UM, SO WE KNOW YOU GUYS, YOU ARE THE PRESIDENT OF THE H HOA BOARD.
I HAVE THIS, OH, AM I SUPPOSED TO BE ASKING CITY SOUTH? I, I BELIEVE SO.
OH, WELL THEN I WILL TABLE MY QUESTION FOR LATER.
I'LL HOLD MY QUESTION FOR STAFF LATER.
I NOW INVITE THE HO'S REPRESENT RES REPRESENTATIVE TO COME FORWARD FOR THIS HO'S REBUTTAL, IF ANY, AND TO ANSWER ANY QUESTIONS FROM THE COMMISSION.
AND AS A REMINDER, IT IS LIMITED TO FIVE MINUTES.
VERONICA, CAN YOU PLEASE START THE TIMER? THANK YOU.
YOU KNOW, MR. HASH SAID SOMETHING THAT, UH, IS IMPORTANT TO UNDERSTAND.
UNTIL THAT FIRST COLLAPSE OCCURRED, THE BOARD PRESIDENT DID NOT KNOW, AND HE ALSO STATED THAT NO ONE KNEW AT THIS, AT, AT THAT HOME
[01:25:01]
OWNERSHIP GROUP.THAT IS WHAT THIS PROCEEDING IS DOING, IS TRYING TO HOLD PEOPLE THAT HAD NO KNOWLEDGE ABOUT A CONDITION RESPONSIBLE FOR THE CONDITION.
NOW, WE CAN ALL GET INTO THE LEGALS AND WHAT HAPPENS AND WHAT HAVE YOU, BUT I WILL TELL YOU THIS MUCH, THE CITY ATTORNEY HAS TOLD US, WHEN WE GET THIS PUT TOGETHER AND THE FUNDS START FLOWING, YOU KNOW, WE'RE GONNA HAVE TO TALK SERIOUSLY ABOUT A SETTLEMENT AGREEMENT OF THAT LITIGATION THAT COUNCIL POINTED OUT.
SO IT, IT'S NOT AS IF SOMETHING IS FLOATING AROUND OUT THERE THAT'S NOT GOING TO BE DEALT WITH.
WE ALL HAVE A VESTED INTEREST IN GETTING THIS DONE.
AND IN TERMS OF WHAT THE, THE CITY OFFICIAL SAYS ARE THESE NUISANCE CONDITIONS, WELL, LET'S GO BACK TO WHY THIS PROCEEDING STARTED THE NOTICE OF PUBLIC NUISANCE.
ALL IT IS, IT, IT TALKS ABOUT WHY ARE WE HERE TONIGHT BECAUSE OF THE EVENTS OF, OF, UH, THE COLLAPSE THAT HAPPENED ON MARCH 15TH, 2023.
SO, I MEAN, AND THEY, THEY DO TALK ABOUT THE 2019, BUT WE ALL KNOW ABOUT THAT.
AND THE COUNTY RESOLVED THAT ONE.
SO NOW WE HAVE THIS NEW ONE, MARCH 15TH, 2023, AND THE EMERGENCY HAS BEEN ABATED.
NOW, ARE MY CLIENTS THE ASSOCIATION AND ITS MEMBERSHIP? ARE THEY HAPPY ABOUT THE SI THE CURRENT CIRCUMSTANCES THERE? NO.
DO THEY WANT IT DONE? YES, THEY WANT IT FINISHED.
THE STATE UNDERSTOOD THE, THE PROBLEM HERE AND FUNDED THIS.
SENATOR NEWMAN FOUND THE MONEY.
AND NOW WE DON'T UNDERSTAND WHAT'S GOING ON IN TERMS OF WHY THE CITY ISN'T OPENING UP THE FAUCET, SO TO SPEAK, TO GET THIS GOING.
MY CLIENT WANTS TO GET THIS DONE, AND WE HAVE BEEN CALLING, HAMMERING DOWN THE PHONES, TRYING TO FIND OUT ANSWERS.
WE DON'T GET MUCH IN THE WAY OF ANSWERS, BUT WE DO KNOW FROM THE BUDGET BILL THAT I POINTED OUT TO YOU EARLIER, EXHIBIT SIX, THAT 8.5 MILLION WAS ALLOCATED TO THE CITY TO GET THIS PROBLEM FIXED.
AND NOW THIS CITY, THROUGH THE STAFF THAT FILED THIS NOTICE OF, OF NUISANCE, IS BEING ASKED TO ASSESS AGAINST MY CLIENTS THIS NUISANCE THAT EVERYBODY KNOWS, THE, THE, THE CURRENT CIRCUMSTANCE, THE STATE KNOWS AND HAS ALLOCATED MONEY TO GET IT FIXED.
AND YET HERE WE ARE TRYING TO DEFEND OURSELVES FROM NOT HAVING THIS NUISANCE ASSESSED AGAINST US, WHETHER BY MONEY OR BY BY LEGAL TITLE.
BECAUSE WHAT HAPPENS IS, WHAT, WHAT HAPPENS IF THE, THE CITY DOES THIS? IS THAT NUISANCE NOW GONNA SOMEHOW EVISCERATE OR ANYBODY'S ABILITY TO USE THE MONEY BECAUSE THE CITY TOOK CARE OF IT AND, AND ALL OF A SUDDEN, OH, GO, GO GET MONEY FROM PEOPLE THAT CAN'T AFFORD IT, THAT DON'T HAVE IT.
WHAT ARE THEY GONNA DO? SOLVE A WHOLE CONDOMINIUM PROJECT? I MEAN, THAT DOESN'T MAKE SENSE.
THE CITY HAS THE MONEY TO SOLVE THE PROBLEM.
YOU DON'T NEED TO ASSESS A NUISANCE.
AND THE, THE LITIGATION AND SETTLEMENTS AS WE HAVE DONE WITH THE COUNTY WILL ALL WORK THIS OUT.
AND THE ONLY DIFFERENCE BETWEEN NOW IN 2019 IS THE STATE ACTUALLY CAME UP WITH MONEY.
SO WE'RE ASKING THIS BOARD TO BE PRACTICAL.
THERE'S NO REASON TO ASSESS A NUISANCE FOR THE EMERGENCY HAS BEEN ABATED.
THE CONTRACTORS CAME IN AND TOOK CARE OF IT.
THE FUNDS ARE THERE TO SOLVE THE PROBLEM.
MAYBE THIS BOARD CAN APPLY SOME PRESSURE TO THE PEOPLE THAT ARE KIND OF, UH, IN, IN CHARGE OF NEGOTIATING THE DEAL WITH THE WATER RESOURCES AND JUST OPENING UP THE PURSE STRINGS SO WE CAN GET THE JOB DONE.
BUT EVERYBODY WANTS TO GET IT DONE, WE BELIEVE, AND YET WE CAN'T CONTROL IT.
HAD WE HAD THAT MONEY, THAT STATE, AND BY THE WAY, THIS ASSOCIATION PUT IN A LOT OF EFFORT TO THE SENATOR'S OFFICE TO GET THAT FUNDING DONE.
WE BELIEVE THE COUNTY DID TOO.
EVERYBODY CONTRIBUTED TO GETTING IT DONE.
BUT MY CLIENTS DID A LOT OF WORK TO GET THAT DONE.
AND IT'S JUST NOT RIGHT FOR THIS BOARD AND THIS CITY TO COME IN AND LITERALLY JUST, JUST SMACK SLAP 'EM ACROSS THE FACE AND SAY, WE'RE GONNA ASSESS AN, UH, A NUISANCE AGAINST YOU.
THE PROBLEM'S GONNA BE SOLVED.
THE MONEY IS THERE TO SOLVE IT.
PLEASE DON'T FURTHER ANTAGONIZE YOUR NEIGHBORS.
YOUR, YOUR, YOUR, YOUR NEIGHBORS AND CONSTITUENTS.
IT JUST ISN'T THE RIGHT THING TO DO.
ANY COMMISSIONERS HAVE QUESTIONS FOR MR. PETERSON? GO AHEAD.
COMMISSIONER CHE, IS THIS H HOA PROFESSIONALLY MANAGED? YES.
BY WHO? UH, I HAVE, UH, DON, WHO'S THE MANAGEMENT COMPANY, UH, DIVERSIFIED PROPERTY MANAGEMENT.
AND THEY ARE PRESUMABLY EXPERTS.
[01:30:01]
THAT'S OUR UNDERSTANDING.AND CAN WE, CAN WE GET HIM ON A MICROPHONE PLEASE? THERE YOU GO.
YES, THEY ARE LICENSED AND PROFESSIONAL.
WE'VE HAD THEM SINCE I CAME ON BOARD, SO, OKAY.
UM, MY NEXT QUESTION IS, WHY DIDN'T THE COUNTY PAY FOR IT THIS TIME? WE DON'T KNOW, TO BE HONEST.
WELL, PARDON ME? THE STATE HAD ALREADY FUNDED THIS, ALLOCATED THE FUNDS.
SO I'M ASKING YOU, SO IN 2019, CORRECT? THERE WAS ONE, THERE WAS A COLLAPSE AND THE COUNTY HANDLED THAT ONE.
SO WHY DIDN'T THEY HANDLE THIS ONE? THERE WAS ALREADY MONEY FROM THE STATE ALLOCATED TO FIX THE WHOLE PROJECT.
THAT, THAT MONEY, THAT THAT BUDGET BILL HAPPENED IN JULY.
AND THE ASSEMBLY BILL THAT I POINTED OUT, I JUST DON'T FEEL LIKE YOU'RE ANSWERING MY QUESTION.
NO, WELL, WELL, I DON'T KNOW WHY THEY DIDN'T DO WHAT THEY DIDN'T DO, EXCEPT WE DO KNOW THAT THE FUNDS WERE THERE AND IT WAS ROUTED THROUGH THE CITY.
THE BUDGET BILL SPECIFICALLY ROUTES THE MONEY TO THE CITY OF LA HABRA.
MY UNDERSTANDING IS WE, WE REQUESTED AN EMAIL TO THE CITY AND THE COUNTY, THE CITY ACTUALLY RESPONDED, AND THE CITY AGREED TO DO THE REPAIRS.
AND I'M ASSUMING THERE WERE DISCUSSIONS BETWEEN THE CITY AND THE COUNTY REGARDING THAT, BUT WE WEREN'T PRIVY TO IT.
UH, THAT'S WHAT OCCURRED THE FIRST TIME IN 2019.
AND THE, THE COUNTY AGREED TO DO THE REPAIRS THIS TIME, I ASSUMING, BECAUSE TO HIS POINT, THE FUNDS ARE GOING TO THE CITY.
AND IN OUR CONVERSATION WITH THE CITY WHEN THEY WERE GOING TO CONDUCT THE REPAIRS, THE INTENT WAS THAT THE STATE FUNDING WOULD BE UTILIZED FOR, YOU KNOW, THE, THE PAYMENT OF THE 200 PLUS THOUSAND DOLLARS THAT WAS ESTIMATED.
SO IT MADE SENSE AND IT WAS EASIER FOR THE CITY TO COORDINATE IT SINCE THEY WERE GONNA HAVE THE STATE FUNDING VERSUS THE COUNTY.
THAT, THAT'S MY UNDERSTANDING.
SORRY, MY MIC IS NOT WORKING OVER THERE.
OH, I GUESS IT'S THE MOVEMENT.
UM, MR. PETERSON, YOU HAD MENTIONED AND, AND ASKED, UM, MR. MENDOZA IF HE HAD ANY KNOWLEDGE IN 1979 THAT THERE WAS AN ACTUAL, UM, TUNNEL OR YES.
UM, AND HIS KNOWLEDGE WAS, HE DIDN'T HAVE THAT KNOWLEDGE.
SO WITH THAT INFORMATION, DID THE HOA NOT HAVE THAT SAME INFORMATION FROM 1979 TO HAVE THAT IN THEIR, THEIR BOOKS WHEN THEY PURCHASED THE PROPERTY? IT DID NOT.
AND HE, WE SUED THE DEVELOPER.
WE, WE FOUND HIM, HE'S 90 PLUS YEARS OLD, SOMEWHERE, KIND OF IN, IN PEUS.
WE, UH, BUT WE SERVED HIM, WE SUED HIM, UM, FOR FRAUD.
I MEAN, HE, THIS, HE LITERALLY DUG A CHANNEL, COVERED IT UP WITH LANDSCAPING, BURIED IT, AND DIDN'T TELL ANYBODY.
THERE WERE NO RESERVES IN THE BUDGET.
THERE'S NOTHING IN THE C R ABOUT THIS.
THE ONLY CNRS WAS ABOUT THE OPEN CHANNEL THAT WAS ORIGINALLY CONTEMPLATED FOR THE PROJECT THAT MYSTERIOUSLY WITH, YOU KNOW, AS THE, AS I INCLUDED IN MY PACKET IN THE BOARD CARES TO LOOK AT IT, EXHIBIT 11.
IT TALKS ABOUT WHAT HAPPENED IN 1979 WHERE THEY DECIDED THEY COULDN'T GO WITH THE OPEN CHANNEL AND THEY DECIDED TO COVER IT UP AND BEAR IT.
IT WASN'T IN THE WHITE REPORT, WASN'T IN THE FINAL PUBLIC SUBDIVISION REPORT ISSUED BY THE CALIFORNIA DEPARTMENT OF REAL ESTATE.
IT WAS NOT IN THE CCNRS, IT WAS NOT IN THE BUDGET.
AND THROUGH THE YEARS, THIS HAS JUST COME, COME UPON THESE PEOPLE WITH SURPRISE.
I MEAN, THE, THE SHOCK AND DISMAY I, I ENCOUNTERED WHEN I MET THESE PEOPLE IN 2019 WAS JUST, OH, ACTUALLY I THINK IT WAS, MIGHT HAVE BEEN, UH, BY, WE MIGHT HAVE BEEN IN 2020 BY THE TIME I GOT INVOLVED.
BUT THE POINT IS, IT WAS JUST THAT IT WAS INCREDIBLE THAT THIS COULD HAVE HAPPENED AND IT DID HAPPEN.
SO I, I, YOU KNOW, THE, THE, THIS IS AN UNFORTUNATE SITUATION AND I, LIKE I SAY, THEY'RE, THEY'RE YOUR NEIGHBORS, THEY'RE YOUR CONSTITUENTS.
THIS IS NOT, THESE ARE NOT GUYS THAT ARE GOING AND SAYING, AH, YEAH, BOY, WE REALLY PULLED ONE OVER.
NO, THAT WAS THE DEVELOPER AND THAT'S HIS BUSINESS.
BUT, UH, HE'LL HAVE TO DEAL WITH THAT.
UM, BUT I DO WANT, UH, I DO HAVE A QUESTION FOR STAFF, UM, REGARDING THE ACTUAL NOTICE, THE NUISANCE NOTICE.
SO WHO WOULD THAT GO TO? WOULD YOU MIND COMING TO THE MIC AND AFTER MY QUESTION,
[01:35:01]
WE'RE GONNA TAKE A FIVE MINUTE RECESS AND THEN WE'LL GO INTO PUBLIC COMMENTS.SO JUST TO KIND OF GIVE EVERYBODY A HEADS UP.
DID THE CITY ISSUE A PUBLIC NUISANCE IN DURING THE FIRST COLLAPSE IN 2019? NO, WE DID NOT.
WHY NOT? DO WE KNOW? UM, I WAS NOT AWARE OF IT.
UM, IS THERE ANY RECORD OF IT? BECAUSE IN ESSENCE, IT SEEMS LIKE IT'S A VERY SIMILAR SITUATION.
I, I DON'T BELIEVE, WAS THERE ANY RECORD? NO, I DON'T BELIEVE THERE WAS ANY RECORD OF IT.
SO THERE'S NO RECORD INTO THE INTENT OF ISSUING A NEWS, A PUBLIC NUISANCE ORDER CODE ENFORCEMENT STAFF WAS NOT AWARE OF IT.
I DON'T, BUILDING STAFF WASN'T EITHER.
OKAY, WE'LL GO AHEAD AND TAKE A FIVE MINUTE RECESS AT EIGHT 11 IN.
THANK YOU EVERYBODY FOR COMING.
AND JUST AS A REMINDER, WE ARE HERE, THE COMMISSION IS HERE TO DECIDE WHETHER, UM, THE, AN ACTUAL, UH, PUBLIC N NUISANCE EXIST.
UM, WE ARE NOT HERE TO DISPUTE FUNDING OR ANY OTHER TYPE OF ELEMENT OF THE SITUATION OTHER THAN THE FACT OF WHETHER A PUBLIC NUISANCE EXISTS PER THE CODE THAT IS SET IN THE CITY OF LAHABRA.
WITH THAT SAID, WE WILL NOW OPEN PUBLIC COMMENT.
WHEN YOU COME FORWARD, PLEASE IDENTIFY YOURSELF AND SPELL YOUR NAME FOR THE RECORD.
PLEASE ADDRESS ALL COMMENTS AND QUESTIONS TO ME.
THERE SHOULD BE NO DIRECT EXCHANGES BETWEEN MEMBERS OF THE AUDIENCE.
GENERALLY, PUBLIC COMMENTS ARE LIMITED TO THREE MINUTES PER INDIVIDUAL.
UH, GENERALLY PUBLIC COMMENTS ARE ACTUALLY LIMITED TO FIVE MINUTES PER INDIVIDUAL WITH A TOTAL OF 60 MINUTES.
HOWEVER, GIVEN THAT WE EXPECT, UM, ALMOST 12 SPEAKERS, WE'RE GONNA LIMIT, UH, THE TIME, UM, TO THREE MINUTES PER SPEAKER TO ENSURE THAT WE STAY WITHIN THE 60 MINUTE LIMIT.
CUZ I'M SURE A FEW OF YOU MIGHT GO OVER A BY 30 OR SO SECONDS OR SO.
UM, COMMENTS SHOULD BE KEPT BRIEF, NON-REPETITIVE, AND PROFESSIONAL IN NATURE.
PLEASE NOTE THAT THE COMMISSION WILL NOT RESPOND TO ANY QUESTIONS PRESENTED DURING PUBLIC COMMENT.
DID WE REC, DID WE RECEIVE ANY CORRESPONDENCE FOR THIS ITEM? MADAM CHAIR? UM, WE DID RECEIVE A LETTER WITH ATTACHMENTS, BUT IT WAS ADVISED THAT THE APPELLANT PRESENT THE INFORMATION DURING THE HEARING.
AND HOW MANY SPEAKER CARDS DID WE RECEIVE? WE HAVE 11 SPEAKERS.
SO, SINCE WE DID RECEIVE THE 11, WE'RE GONNA GO AHEAD AND LIMIT IT TO THREE MINUTES.
YOU HEARD ENOUGH OF ME, RIGHT?
I'M USED TO BEING ON THAT SIDE, SO IT'S KIND OF WEIRD BEING ON THIS SIDE.
I, I, AGAIN, DON HASH, UH, HOA PRESIDENT, UH, COTA VILLAGE HOMEOWNERS ASSOCIATION SINCE ABOUT 2011.
UM, AGAIN, WE'RE A NONPROFIT HOA, UH, WE'RE VOLUNTEER BOARD MEMBERS OF ONE OF THREE.
UH, WE HAVE EQUAL VOTING RIGHTS AND, UH, EQUAL RIGHTS AS, UH, AS BOARD MEMBERS.
AND WE COLLABORATE ON EVERYTHING.
UH, WE ARE VERY HOPEFULLY HEARD A PROACTIVE BOARD.
UH, WE HAVE A VERY STRONG RELATIONSHIP WITH OUR OWNERS AND OUR, OUR RESIDENTS.
WE TRY TO KEEP A GREAT RELATIONSHIP IN A OPEN RELATIONSHIP WITH EVERYONE.
UM, UH, TONIGHT, YOU KNOW, AGAIN, WE TALKED ABOUT SOME OF THE DETAILS.
I DON'T HAVE TO GO THROUGH EVERYTHING, BUT REALLY TONIGHT, I'M APPEALING TO YOUR, TO YOUR HUMANITY, YOUR UNDERSTANDING AND YOUR LOGIC.
UM, WE TALKED ABOUT THE ABATEMENT.
WE'VE TALKED ABOUT THE FACT THAT, UH, WE HAD THE ORIGINAL COLLAPSE FOUR YEARS AGO.
THAT WAS THE FIRST TIME ANY OF US WERE AWARE OF A TUNNEL.
UM, AS I MENTIONED, THE CITY CAME IN AND, AND WAS GONNA START REPAIRS.
AND THEN THE NEXT MORNING WE FOUND OUT THAT THEY SAID IT WAS PRIVATE PROPERTY, AND THEY STOPPED DOING ALL ACTIVITY.
LUCKILY, THE COUNTY DID THE REPAIRS.
UM, SUBSEQUENTLY WE HAD THIS COLLAPSE, YOU KNOW, A COUPLE YEARS LATER.
UM, WE HAD THE CONTRACTORS COME IN THROUGH THE CITY.
UH, WE WORKED VERY CLOSELY AND I DID WITH ALL THE CONTRACTORS TO MAKE SURE THAT THEY ABATED ANYTHING THAT WAS A RISK.
UH, WE LOOKED AT EVERY ASPECT OF THE TUNNEL FROM THE TENNIS COURT TO THE POOL, TO THE WALL.
UM, THE, THE SECTION THAT HAD COLLAPSED HAD NOT COLLAPSED.
UM, WE EVEN ASKED, ASKED THEM AS, UM, THEY MENTIONED EARLIER, UH, TO DO EXTRA, UH, REMOVAL JUST SO THAT WE DIDN'T HAVE ANOTHER RISK OF, OF COLLAPSE, SO THAT WE COULD GET TO THE POINT WHERE THE FUNDING WOULD BE MADE AVAILABLE, UH, YOU KNOW, PRIOR TO ANY OTHER ISSUES.
SO OUR UNDERSTANDING IS THAT BASED ON THE CONTRACTORS, BASED ON THE CITY COMING IN AND LEAVING, THAT WE ABATED THE IMMEDIATE RISK OF ANY FURTHER COLLAPSE.
IF YOU DO LOOK AT THE TUNNEL AREAS NOW, THERE IS NO EXCESS DIRT.
UM, IT'S JUST A BARE CONCRETE, UH, CEILING OR ROOF IN THE AREAS THAT ARE STILL
[01:40:01]
STANDING.SO THERE IS NONE OF THAT, UH, EXCESS WEIGHT ON TOP OF IT ANY LONGER.
UM, AND OUR HOPE RIGHT NOW IS THAT THE FUNDING BECOMES AVAILABLE IN THE NEXT COUPLE OF, UH, MONTHS.
YOU KNOW, UM, IF ALL GOES WELL, AND WE CAN START THE DISCUSSIONS WITH THE CITY AND COUNTY TO ACTUALLY MAKE THIS THING HAPPEN.
UM, SO THE ONLY THING I WANNA REALLY CLOSE WITH IS, YOU KNOW, WE HAVE BEEN DEALING WITH THIS, AS, YOU KNOW, FOR FOUR YEARS.
IT'S BEEN A NIGHTMARE FOR US AS OWNERS.
IT IS A PRIVATE NUISANCE FOR SURE.
IT'S, IT'S, OUR KIDS CAN'T PLAY OUTSIDE.
WE HAD RATS THAT WE HAD TO TAKE CARE OF.
UH, WE HAVE VAGRANTS RUNNING THROUGH THE TUNNEL, UM, PRESUMABLY ENTERING FROM COUNTY AND CITY CONTROLLED ACCESS POINTS OFF SITE.
THERE WERE NO ACCESS POINTS TO THIS TUNNEL ON OUR SITE OR ON OUR PROPERTY PRIOR TO THE, THE COLLAPSE.
SO AGAIN, THAT'S ANOTHER REASON WHY IT WAS NEVER KNOWN.
UH, THERE WERE NO VENTS, THERE WERE NO DRAINS, NOTHING THAT LED TO THE TUNNEL.
THE ONLY DRAINS WE HAD WERE THE DRAINS FOR OUR, UH, OUR SEWAGE AND, AND NORMAL, UH, WASTEWATER, WHICH IS AGAIN, ALL WE THOUGHT THAT WAS UNDER THERE.
SO, AGAIN, I'M, I'M APPEALING TO YOU FROM, UH, ANOTHER BOARD MEMBER.
UH, WE'VE DONE EVERYTHING WE CAN IN THE LAST FOUR YEARS TO SOLVE THIS, UH, PROBLEM.
AND, UH, WE, WE ALSO AGREE THAT THERE'S, THERE'S NO BENEFIT TO PUTTING IN A LIEN ON OUR PROPERTIES WHEN WE'RE AT THE MERCY RIGHT NOW OF THE COUNTY AND THE CITY AND THE STATE WITH THE FUNDING THAT'S COMING THROUGH.
MY NAME IS KEN THOMAS, K E N, LAST NAME THOMAS.
I'M GONNA TRY AND APPEAR APPEAL TO YOU FROM A DIFFERENT, DIFFERENT POINT.
MEMBERS OF THE BOARD, UM, MEMBERS OF THE PLANNING COMMISSION, MEMBERS OF THE COMMUNITY, AND THE CITIZEN OF COYOTE VILLAGE, I SERVED AS AN ACTIVE DUTY MEMBER OF THE ARMED FORCES FOR 25 YEARS.
DURING MY 25 YEARS, I WAS DEPLOYED TO HOMESTEAD FLORIDA WITH A TEAM, WITH TWO MILITARY AND FOUR CIVILIANS TO ASSESS WHAT THE AFTERMATH AND RECOVERY OPERATIONS OF HURRICANE ANDREW.
I DON'T KNOW HOW MANY PEOPLE IN HERE REMEMBER HURRICANE ANDREW AND HOW BAD THAT DEVASTATION WAS FOR THE PEOPLE OF HOMESTEAD, FLORIDA.
UH, IT WAS MORE DE DEVASTATING THAN ANYTHING THAT WE CAN IMAGINE IN LA HARBOR.
AND I GUARANTEE YOU, YEARS LATER, I WAS AGAIN, DEPLOYED WITH ANOTHER TEAM TO ASSIST THE EVA, THE EVACUATION AND RECOVERY OPERATION DURING HURRICANE KATRINA IN NEW ORLEANS.
I SPENT SEVERAL MONTHS DOING THAT OPERATION, HELPING PEOPLE MOVE CARGO PEOPLE, PLANES, EQUIPMENT TO HELP THE PEOPLE IN, IN, IN, DURING HURRICANE KATRINA.
IN NEITHER OF THOSE OPERATIONS THAT I CONSIDER MY INVOLVEMENT OR MY TEAM'S INVOLVEMENT A BURDEN OR WASTE OF OUR TIME, NOT ONCE DID I CONSIDER THEIR MISFORTUNE A PROBLEM.
THEY WERE NOT RESPONSIBLE FOR THE UNFORTUNATE DISASTER THAT THEY CAME UPON.
I CONSIDERED THEIR MISFORTUNE AND OBLIGATION TO SERVE THAT COMMUNITY.
IT WAS AN OPPORTUNITY AND A PRIVILEGE TO SERVE IN BOTH THOSE OPERATIONS.
IT WAS A TIME WHEN ALL PARTIES, INDIVIDUALS, LOCAL, STATE, AND FEDERAL AUTHORITIES CAME TOGETHER AND HELPED THE CITIZENS OF THAT COMMUNITY, OF THOSE COMMUNITIES TO HELP THEM GET BACK THEIR LIVES.
WE HELPED THEM REGAIN A QUALITY OF LIFE THAT THEY ENJOYED BEFORE THAT DISASTER HAPPENED.
NO ONE LOOKED DOWN UPON THEM, NO ONE CONSIDERED THEM AN ALBATROSS, IF YOU WILL, APART FROM THE OPPORTUNITY.
WE HAD AN OBLIGATION AND RESPONSIBILITY TO THAT COMMUNITY, AND WE HELPED THEM.
WE NEEDED TO HELP THEM AS EXPEDITIOUS EXPEDITIOUSLY AS WE POSSIBLY COULD.
LEMME TAKE A SECOND AND READ SOMETHING FROM FEMA'S HANDBOOK.
LOCAL GOVERNMENTS HELP INDIVIDUALS AND FAMILIES RECOVER BY ENSURING THAT SERVICES ARE AVAILABLE.
AND BY SEEKING ADDITIONAL RESOURCES IF THAT COMMUNITY NEEDS THEM, WE NEED IT.
ALSO, WHEN AN EMERGENCY COURSE, THE LOCAL GOVERNMENT USES ALL AVAILABLE MEDIA TO PUBLICIZE THE TYPES OF ASSISTANCE AVAILABLE AND HOW TO ACCESS THEM NOT TO DECLARE, UH, THEIR PROPERTY OF PROPERLY NUISANCE.
IT IS OUR UNDERSTANDING THAT FUNDING IS AVAILABLE.
I WOULD'VE SAY, I WOULD SAY LETS ACCESS THAT FUNDING AS EXPEDITIOUSLY AS WE CAN SO THAT THE CITIZENS OF COYOTE VILLAGE CAN RECE REGAIN SOME TYPE OF NORMALCY TO THEIR LIVES.
I'M GONNA QUOTE, UH, COUNCILMAN MODERNO.
IS HE, IS HE STILL A COUNCILMAN? YES.
THIS IS WHAT HIS, THIS IS WHAT HIS BIO SAYS.
COUNCILMAN DRE KNOWS STRONGLY BELIEVE IN OUR MOTTO, LAHABRA A CARING COMMUNITY.
IF THAT'S TRUE, THEN THAT'S NOT, THAT'S NOT WASTE ANY MORE TIME WITH THIS.
LET'S ACCESS THE FUNDING AND PUT THIS BEHIND US.
[01:45:01]
BAYOU HAS HE AND HIS FAMILY SHARE A DEEP COMMITMENT AND DEDICATION TO PROMOTE A HEALTHY, SUSTAINABLE ENVIRONMENT.A HEALTHY, SUSTAINABLE ENVIRONMENT.
CAN, CAN I GET 30 SECONDS? 10 SECONDS.
AND I, I HAD A VIDEO I WANT TO SHOW.
IN ANY EVENT, UM, THERE WAS ONE ACCOMPLISHMENT I THINK EVERYBODY SHOULD PUT ON THEIR BIO.
EVERYONE SHOULD PUT ON THEIR BIO, REGARDLESS, THE COUNCIL MEMBER PLANNING COMMISSION, WHEREVER.
AND THAT ONE ACCOMPLISHMENT, ACCOMPLISHMENT SHOULD BE, I ASSISTED WITH THE 2019 FLOOD DISASTER COYOTE VILLAGE I ASSISTED WITH.
I ASSIST WITH THE AS CENSUS OF STATE FEDERAL FUNDING.
I COORDINATED PLAN, EXECUTED THE REBUILD EFFORTS TO REPLACE AND REPAIR THE IMPERIAL CHANNEL TUNNEL DRAINAGE TUNNEL.
THESE EFFORTS GREATLY IMPROVED THE CITY OF THE HARBOR'S DRAINAGE OPERATION AND REPAIRED THE DAMAGE TO THE DRAINAGE TUNNEL OF THE CITY OF COYOTE CREEK VILLAGE, PROMOTING A HEALTHY, SUSTAINABLE ENVIRONMENT TO THOSE FAMILIES.
UM, IF WE SAY WE'RE A COM A COMMUNITY OF FAMILIES THAT CARE, THEN YOU HAVE EVERY OPPORTUNITY TO SHOW IT AND YOU CAN SHOW IT NOW.
LET'S NOT CONTINUE TO PROCRASTINATE THIS ISSUE.
A N A SOTOMEYER, S O T O M A Y O R.
MY HUSBAND AND I ARE THE ORIGINAL OWNERS.
WE NEVER KNEW ABOUT THE TUNNEL OR ANYTHING LIKE THAT.
UM, AND NOW WE UNDERSTAND THAT THE FUNDS ARE READY.
SO WE ARE ASKING YOU FOR YOUR ASSISTANCE.
ANYTHING YOU CAN PROVIDE US TO HELP US EXPEDITE THE REPAIR OF THE TUNNEL.
GLENDA CALVER, YOU CAN SPELL YOUR NAME FOR YES.
I'VE BEEN IN AN OWNER OCCUPIED RESIDENT AND A LANDLORD IN THIS COMPLEX SINCE 2003.
FOR THE PAST 20 YEARS, I'VE BEEN A PART OF THIS, OF THIS COMPLEX.
THE BOARD MEMBERS AND RESIDENTS HAVE ALL WORKED HARD THROUGHOUT THE YEARS TO U TO KEEP THE PROPERTIES VALUES AND TO MAKE THIS COMPLEX A DESIRABLE PLACE TO LIVE IN.
LAHABRA, OUR HOMES ARE ALREADY UNDERVALUED.
WE LOST OUR HOA AMENITIES, POOL, SPA, TENNIS COURT AT GREENBELT, ET CETERA.
AND MY PROPERTY IS RENTED AT A BELOW MARKET RATE.
WAREHOUSING WAS VERY LIMITED, AND RENTS WERE AT A HIGH.
I HAD TO LOWER THE ASKING RENT PRICE ONCE, THEN TWICE, AND A FINAL TIME TO COMPENSATE THIS STRESS AND LOSS OF FUNDS JUST TO NAME A FEW HAS PUT ME AND MY FAMILY IN A FINANCIAL SITUATION THAT HAS LASTED FOR SEVERAL YEARS NOW.
AND I'M SURE OTHERS FEEL THE SAME.
I HOPE THAT YOU, JUST FOR A MINUTE, YOU WOULD PUT YOURSELF IN OUR SHOES.
IT'S, UH, V A L E N Z U E L A.
AND, UM, THANK YOU FOR HAVING US HERE.
AND IT, IT'S JUST BEEN VERY, VERY HARD MENTALLY, PHYSICALLY, EMOTIONALLY, I CAN'T TELL YOU THE STRESS LEVELS, NOT JUST WITH MYSELF, BUT WITH MANY OF THE HOMEOWNERS HERE.
I HAVE MANY FRIENDS HERE, AND IT'S JUST OVERWHELMING.
I OPEN MY DOOR EVERY DAY AND I SEE THAT HOLE.
I AM LITERALLY RIGHT IN FRONT OF THE HOLE.
I HAVE SEEN KIDS DRIVE THERE OR RIDE THEIR BIKES THROUGH THE TUNNEL.
I'VE SEEN KIDS COME ON THEIR SKATEBOARDS AND IT JUST, MY STRESS LEVEL IS JUST SO HIGH BECAUSE I KEEP THINKING, OH MY GOD, ARE THEY GONNA FALL IN THE HOLE? OH MY GOD, ARE THEY, YOU KNOW, KIDS ARE KIDS AND HERE WE HAVE TO DEAL WITH THAT.
AND THEN THE TREES AND THE DEBRIS AND THE BUSHES.
AND, UH, JUST LAST WEEK, I WALKED MY DOG ON THE PAVEMENT CUZ THERE'S NO GRASS.
[01:50:01]
WALK HER, BUT I SMELLED THE, I DON'T KNOW, ALGAE, FUNGUS, WHATEVER IT WAS.IT SMELLED LIKE I WAS AT THE OCEAN.
BUT I DO WANNA SAY ANOTHER THING IS ON THE, MY PATHWAY RIGHT IN FRONT OF MY DOOR, IT SLOPES A LITTLE NOW, WHICH IT NEVER DID.
THERE'S A LITTLE BIT OF A SLOPE AND I KNOW THAT PROBABLY COMES FROM THE RAIN.
IT'S LIKE YOU JUST WANNA SEE SOMEBODY, YOU KNOW, SCOOP BY ON A CANOE, CUZ THAT'S HOW FAST THAT WATER IS FLOWING.
AND, UH, I'M JUST ASKING FOR SOME HELP.
AND, YOU KNOW, IF WE CAN ALL CON COME TOGETHER AS A COMMUNITY AND EMBRACE ONE ANOTHER AND GET THIS TAKEN CARE OF, UM, IT'S JUST TOO MUCH TO HANDLE EMOTIONALLY.
UM, BLANDINA, B L A N D I N A.
LAST NAME BELTRAN, B E L T R A N.
I, UM, FIRST OF ALL, I WANT, JUST WANNA SAY I KEEP HEARING EVERYBODY SAY THE CITY.
WELL, THIS IS MY CITY AND I'VE BEEN HERE FOR 16 YEARS LIVING, SORRY.
UM, LIVING IN THE, UH, LA HABRA, I ENDURED THE CRASH OF THE 2007 2008, UH, WHERE PROPERTIES VALUES WENT UPSIDE DOWN.
I WORKED SEVEN DAYS A WEEK, UM, GOT MAYBE THREE HOURS SLEEP, TRYING TO KEEP MY CONDO, TRY AND KEEP THINGS GOING.
AND I ENDURED THAT WE ALL ENDURED, UH, GOING THROUGH THE PANDEMIC AND AFTER ALL THE STRESS, WE WERE RELIEVED TO FIND OUT THAT THE ISSUE WAS FINALLY RESOLVED.
UH, WITH THE FUNDING FROM THE STATE TO NOW ONLY FIND US HERE, I KNOW THAT MYSELF NOR ANY OTHER HOMEOWNERS ARE TO BLAME FOR WHAT HAPPENED INITIALLY.
UM, I'M NOT A LAWYER, SO I DON'T UNDERSTAND HOW AN ACT OF NATURE IS BEING BLAMED ON THE HOMEOWNERS, NOR SHOULD WE BE BLAMED ON DECISIONS MADE MANY, MANY YEARS AGO, WHICH WE HAD NO CONTROL OF.
I ASK THAT YOU CONSIDER THAT WE AS OWNERS HAVE EVERYTHING TO LOSE AGAIN, FOR NO FAULT OF OUR OWN.
AND PLEASE DO NOT MOVE FORWARD WITH THIS ACTION.
SPELL YOUR, UH, ERNEST NEHARA.
UM, THANK YOU FOR HEARING US OUT.
UM, AS YOU CAN TELL WITH ALL OF US HERE, IT'S BEEN A VERY STRESSFUL SITUATION.
UM, OUR NUMEROUS PHONE CALLS TO EVERYBODY HAS JUST, IT'S ALMOST FLATLINED AND WE'RE JUST BEGGING FOR HELP.
UM, LIKE LINDA, MY FRONT DOOR IS 10 FEET FROM THIS AND I SEE IT EVERY DAY, AND I'M OUTSIDE, MAYBE BARBECUING, AND I'M LOOKING AT THIS THING AND I'M LIKE, HOW DO 70 FAMILIES, IF THE FUNDING DIDN'T COME THROUGH, HOW WOULD WE PAY FOR AN 8 MILLION PROJECT? WE'D ALL GO BANKRUPT.
WE WOULDN'T, OUR OUR LIVES WOULD BE RUINED.
SO HOW, HOW WOULD WE FIX IT? SO WITH OUR PLEADING WITH, UH, SENATOR NEWMAN, HOPEFULLY IT WORKED AND WE CAN GET THE FUNDING AND GET THIS THINGS FIXED.
UM, LIKE I SAID, WE'VE TRIED TO DO EVERYTHING WE CAN.
WE'VE GROVELED, WE BEGGED, WE'VE SENT EMAILS, WE'VE ASKED FOR MEETINGS, AND HERE WE ARE NOW.
AND WE'RE JUST ASKING, PLEASE HELP US.
I RENT A UNIT IN LA HABRA HERE WITH THE COYOTE CREEK.
I, I'M ONE OF THE PEOPLE THAT CALLED SENATOR NEWMAN AND TALKED TO HIS REP, ONE OF HIS, UH, REPS THERE.
AND THEY TOLD ME THAT EVERYTHING WAS TAKEN CARE OF, THAT WE WERE GONNA GET FUNDING OR WE HAD FUNDING GOING THAT DIRECTION.
AND THE SENATOR IS WELL AWARE OF EVERYTHING THAT'S HAPPENING.
UM, THIS IS A FOUR YEARS OF NEGLECT THAT, THAT SOMEBODY IS NOT GETTING THINGS DONE FOR US.
I MEAN, THERE SHOULD BE MORE PEOPLE HERE BECAUSE
[01:55:02]
I BECOME AWARE THAT THERE'S MORE CHANNELS OR, UH, IMPERIAL CHANNELS THAT ARE GOING THROUGHOUT THE WHOLE CITY.DO YOU ALL LIVE HERE IN, UH, LA HABRA? DOES EVERYONE HAVE THESE CHANNELS HERE AND THERE IN THIS SITUATION? I MEAN, UH, WE ARE REALLY GETTING STRESSED OUT BECAUSE WE HAVE NO ONE THAT WANTS TO HELP US.
I MEAN, I'M JUST A, I'M, I'M AN OWNER.
I DON'T WANNA RAISE HER RENT AT ALL BECAUSE SHE'S JUST A MANICURIST.
BUT I FEEL THAT, THAT MAYBE SOMEBODY'S RESISTING US, RESISTING TO ASSIST US.
WE HAVE THE FUNDS, LIKE WE SAID, OR HAS BEEN STATED.
AND WHERE ARE THOSE FUNDS? ARE THEY ACCUMULATING INTEREST SOMEWHERE THAT, THAT INTEREST ITSELF COULD PROBABLY HELP US, YOU KNOW, BUT WE'RE NOT TOUCH, WE, WE DON'T HAVE ANYTHING.
AND THEN WE'RE BEING THREATENED AS A NUISANCE FOR A DRAINAGE SYSTEM THAT NOBODY WAS AWARE OF.
NOT EVEN MYSELF, CUZ I LIVED THERE AT ONE TIME AND MY CHILD PLAYED NEAR THE POST OFFICE.
WE NEED YOUR HELP AS, AS THE BOARD HERE AT LA HABRA.
I MEAN, WE CAN HAVE A GREAT LAWYER, BUT WHY DO WE HAVE TO GO THAT FAR? LIKE HE SAYS, YOU GUYS ARE HUMAN BEINGS JUST LIKE WE AND HOMEOWNERS HERE IN LA HABRA.
AND IF IT HAPPENED TO YOUR HOUSE, WOULD IT BE YOUR PROPERTY AT STATE THAT YOU HAVE TO, YOU KNOW, TAKE CARE OF THIS BUSINESS ON YOUR OWN CUZ IT'S ON YOUR PRIVATE LAND.
AND THERE'S SHOULD BE MORE RESIDENTS HERE.
PROBABLY THE WHOLE LAHABRA SHOULD KNOW THAT THEY MIGHT HAVE THE SINKHOLE IN THEIR HOME ONE DAY.
YOU KNOW, THAT'S ALL WE CAN SAY.
DON'T, DON'T PUT LIENS ON OUR HOMES AND, AND, AND ALL THESE RESIDENTS HERE.
IF YOU CAN SPELL YOUR NAME AND JAN DUNCAN.
I'VE BEEN A BOARD MEMBER WITH DON, UH, SINCE 2012 AS THE VP TODAY.
I CALLED DON A LITTLE FRANTIC AND I SAID, YOU KNOW, I'VE BEEN SITTING HERE AT MY COMPUTER FOR FIVE HOURS TYPING AND DELETING AND TYPING AND DELETING.
AND I'M STARING AT AN EIGHT AND A HALF BY 11 PIECE OF PAPER TRYING TO FIGURE OUT WHAT THOUGHTS CAN I PUT ON THIS PAPER TO CONVEY TO THESE BOARD MEMBERS THAT THESE ARE OUR HOMES.
HOW IMPORTANT ALL OF THIS IS TO US.
HOW DO I CONVEY, DO THE RIGHT THING, THAT THAT'S WHAT ALL THIS COMES DOWN TO.
GET RID OF ALL THE POLITICAL MUMBLE JUMBO AND WHO'S THIS AND WHO, WHO DID THIS? WHO SAID THAT? WHO'S RESPONSIBLE? WHO SIGNED OFF? IT DOESN'T MATTER.
AND THAT'S WHAT WE'RE ASKING YOU TO DO.
AND IF YOU WERE STANDING HERE RIGHT NEXT TO ME AS A HOMEOWNER, YOU WOULD BE ASKING THE SAME THING.
NOW, THE FIRST COLLAPSE WAS MUCH GREATER AND THE DAMAGE WAS FAR BIGGER THAN THE SECOND COLLAPSE.
THEY DIDN'T PUT A LIEN ON OUR HOME THEN.
IT WASN'T DARE TO DECLARED A NUISANCE THEN.
AND NOW THIS SMALLER THAT WE KEPT TELLING THEM THAT THIS MIGHT HAPPEN AND WE KEPT ASKING FOR ASSISTANCE AND NOTHING WAS DONE.
AND YET THIS IS NOW A NUISANCE.
AND YOU WANNA PUT A LIEN ON OUR HOMES, PLEASE DON'T.
OH, UM, C U R T R U S S C O L.
UM, I MOVED HERE IN 2017 FROM CHICAGO.
UM, I HAD NO KNOWLEDGE OF THE FLOOD CHANNEL, UM, THAT WAS THERE WHEN I MOVED HERE.
IT WAS NOTHING ON MY, UM, UH, DEED OR TITLE OR ANYTHING LIKE THAT, STATING ANYTHING ABOUT IT WHATSOEVER.
UM, I JUST WANTED TO APPEAL TO YOU THAT YOU'RE LOOKING AT NEIGHBORS.
THIS GENTLEMAN HERE ASKED ME, I DON'T EVEN KNOW HIS NAME.
UM, ASKED ME HOW I WAS GETTING, I WAS REHABBING MY HOME, HOW I GOT MY WINDOWS FIXED.
I THINK HE USED THE SAME, THE SAME COMPANY I USED.
THIS GENTLEMAN HERE, HIS SON MAKES ME LAUGH BECAUSE HE SITS OUTSIDE AND CATCHES LIZARDS ALL THE TIME.
AND I'M AT HOME WORKING AND HE'S RUNNING AROUND GRABBING LIZARDS AND THEN CHASING
[02:00:01]
BIRDS AND ALL KINDS OF FUNNY STUFF.UM, KEN GAVE ME A BIKE RACK, YOU KNOW, WHEN HE WAS MOVING.
UM, DAWN GAVE ME SOME DAWN AND I TALK ALL THE TIME.
YOU KNOW, WE LIVED NEXT DOOR TO EACH OTHER.
THESE, THERE WERE JUST A COMMUNITY OF PEOPLE.
YOU KNOW, I, WE JUST, WE, I, YOU KNOW, WE CLEAN OFF OUR DOORS, OUR GARAGE DOORS.
WE HAVE, WE GET LETTERS FROM THE ASSOCIATION SAYING WE HAVE TO CLEAN OUR GARAGE DOORS OFF, RIGHT? I HAVE A LONG HOSE.
SO I TOOK MY HOSE OUT AND JUST HOSED LIKE SEVEN PEOPLE'S GARAGES, DOORS.
THEY'RE PROBABLY, WHY IS THIS GUY HOSING OFF MY GARAGE? UM, AND THEN ROMA LIVES ACROSS THE STREET FROM ME.
SHE'S PROBABLY IN HER LATE EIGHTIES OR NINETIES DURING COVID.
I CALLED HER ALL THE TIME JUST TO, SORRY, BECAUSE MY GRANDMOTHER PASSED AWAY.
AND MY GRANDMOTHER SAID, LOOK OUT FOR HER BECAUSE SHE'S ELDERLY AND MAKE SURE THAT SHE'S OKAY.
WE'RE JUST, WE'RE JUST PEOPLE.
I DON'T MEAN TO BE EMOTIONAL, BUT IT'S DIFFICULT FOR US TO HAVE TO DEAL WITH THIS PROCESS.
AND WE'RE JUST, WE'RE JUST, WE'RE JUST PEOPLE.
WE'RE JUST YOUR NEIGHBORS IN THE LABRA.
JUST BEAR THAT IN MIND WHENEVER YOU'RE TALKING ABOUT A NUISANCE OR WHATEVER IT IS.
JOE ESCOBAR, UH, E S C O B A R, NOT RELATED, PABLO
UM, SO I'VE BEEN A RESIDENT OF, UH, LAHABRA FOR ABOUT 15 YEARS NOW.
UM, TODAY IS ACTUALLY 11 YEARS THAT WE OWN THE PROPERTY HERE ON COYOTE CREEK.
UM, BUT YOU KNOW, THIS IS, UH, GETTING FRUSTRATING LISTENING TO THE WHOLE EXCHANGE TONIGHT.
UM, YOU KNOW, WE HAVE THREE MEMBERS HERE THAT IT SEEMED TO BE FAIRLY NEW TO THEIR POSITIONS.
UH, THEY DIDN'T SEEM TO LOOK BACK.
NONE OF THEM SEEMED TO KNOW ABOUT THE COLLAPSE FOUR YEARS AGO.
THIS HAS BEEN AN ONGOING THING.
OTHER ARGUMENTS ARE FROM MARCH FORWARD SAYING THAT WE ARE A NUISANCE.
UM, WE COULD HAVE BEEN A NUISANCE.
YOU KNOW, I HAVE WITNESSED, I'VE WITNESSED TRANSIENTS COMING UP OUT OF THE WHOLE ONIS PROPERTY.
UM, WHEN THE FIRST COLLAPSE HAPPENED, THEY ACTUALLY SENT OUT CADAVER DOGS BECAUSE THEY KNEW THAT THERE WAS TRANSIENTS LIVING AND WORKING AND ROAMING DOWN THOSE TUNNELS.
UM, I'VE WITNESSED COYOTE DENS, BABY COYOTES, BROAD DAYLIGHT COYOTES HIDING IN THE BRUSH.
THEIR ARGUMENT IS, WE'RE A NUISANCE BECAUSE THERE WAS MORE THAN THREE FEET OF EARTH ON TOP OF THIS CAP THAT'S GONE.
MR. MENDOZA CLEARLY SAID, WE REMOVED IT AND HE REPAIRED IT.
UM, YEAH, WE ARE NO LONGER PUBLIC NUISANCE.
WE DON'T NEED THIS EXTRA HEADACHE ON US.
WE'RE TRYING TO GET THIS DONE.
YOU KNOW, WE'RE, WE'RE NOT A NUISANCE PRIVATE NUISANCE.
DEFINITELY WE GET THAT WONDERFUL AROMA IN THE MORNING WHEN WE WAKE UP WITH THAT DEAD DYING SEAWEED OR WHATEVER IT IS DOWN THERE.
ALL OF THE AQUATIC FLIES THAT COVER MY WINDOWS.
I CAN'T EVEN LOOK OUT MY WINDOWS CUZ I AM FACING THAT WHOLE, UM, UH, IT IS A HEADACHE TO US.
AND WE'RE ASKING YOU TO HELP US EXPEDITE THIS ISSUE.
AND, UH, YOU KNOW, THIS SILLY ARGUMENT OF US BEING A NUISANCE.
ANY OTHER SPEAKERS? OH, THANK YOU MA.
WE'RE MISSING SOMETHING IN YOUR SCRIPT.
AND THAT'S THAT EACH PARTY SHOULD BE ABLE TO HAVE THEIR CLOSING OF FIVE MINUTES AT THIS POINT.
UM, CAN I SEE YOUR SCRIPT? THANKS.
UM, SO AS STATED, EACH PARTY WILL BEGIN FIVE MINUTES TO PROVIDE CLOSING STATEMENTS.
UH, SO WHO GOES FIRST? IS THERE A PARTICULAR ORDER THAT I HAVE TO USE? IT'S UP TO THE CHAIR, YEAH.
I WILL GO AHEAD AND INVITE THE H HOA TO GO FIRST.
[02:05:05]
THANK YOU VERY MUCH.ORDINARILY, UH, IN A CLOSING, IF I HAVE FIVE MINUTES, I WOULD LIKE TO USE FOUR AND HAVE ONE FOR FINAL CLOSE, IF I MAY.
AS LONG AS YOU'RE WITHIN FIVE MINUTES.
WELL, THANK YOU FOR CONDUCTING THIS HEARING.
THANK YOU FOR ALLOWING US TO PRESENT.
THANK YOU FOR HEARING FROM THE VARIOUS HOMEOWNERS AND THE BOARD MEMBERS OF THE ASSOCIATION.
I SUGGEST THAT, UH, AS I I SAID BEFORE THAT THIS IS A BIT CIRCULAR.
THERE ARE FUNDS AVAILABLE TO ENTIRELY REMEDY THE PROBLEM.
THE FUNDS HAVE BEEN ALLOCATED BY THE STATE THROUGH THE CITY, AND WE DON'T KNOW WHERE THEY ARE OR WHY THEY'RE NOT HERE YET.
THEY WERE, THEY WERE ALLOCATED THROUGH LEGISLATION AS OF LAST FALL, AS OF LAST SUMMER ACTUALLY.
WE COME COMMISSIONED AN EXPERT TO COME UP WITH A SOLUTION FOR THE CHANNEL.
AND HE DID IT IN A WAY THAT COULD BE DONE WITH THE EIGHT AND A HALF MILLION DOLLARS.
AND WHAT ARE, WHAT IS THE CITY DOING? WHAT IS THE CITY STAFF DONE WITH THIS NOTICE OF A A, A NUISANCE ABATEMENT? THEY'RE ASKING YOU THIS COMMISSION TO IMPOSE ON THIS BOARD, THIS HOMEOWNERS ASSOCIATION, THE FINDING OF A PUBLIC NUISANCE.
AND THE NUISANCE HAS BEEN ABATED.
THE EMERGENCY HAS BEEN ABATED.
YOUR OWN STAFF ADMITTED TO THE FACT THAT THE EMERGENCY HAS BEEN ABATED.
SO WHAT ARE WE LEFT WITH? MAYBE A FEW LIZARDS, MAYBE SOME COYOTES.
WELL, YOU KNOW, I, MY NEIGHBORHOOD HAS COYOTES AND LIZARDS TOO.
I MEAN, YOU KNOW, THAT'S JUST, IT GOES WITH THE TERRITORY, BUT A PUBLIC NUISANCE.
I MEAN, THAT, THAT'S A STIGMA.
THIS PROPERTY IS ALREADY STIGMATIZED.
WE DON'T NEED A PUBLIC, AN OFFICIAL PUBLIC ACT FURTHER STIGMATIZING IT, HURTING THESE HOMEOWNERS, THESE PROPERTY OWNERS AND WHATEVER CALAMITY, FURTHER CALAMITY, ECONOMIC CALAMITY THAT WOULD BRING TO THEM THIS PROBLEM IS GOING TO BE SOLVED.
WE KNOW THAT THERE'S PENDING LITIGATION THAT IS ALL ON THE VERGE OF GETTING WRAPPED UP BECAUSE THE STATE HAS FOUND THE FUNDS ALLOCATED, THE FUNDS APPOINTED THE CITY TO BE IN CHARGE OF THE FUNDS TO GET THIS JOB DONE.
SO WE DON'T REALLY NEED TO HAVE ANY FURTHER NOTICE.
AND LET ME ASK, IF THE CITY WERE TO DO THIS, IF PLANNING COMMISSION WERE TO DO THIS, WHAT'S BEEN ACCOMPLISHED? WELL, YOU'RE SAYING THAT THERE'S A NUISANCE.
OKAY, WHAT'S GONNA HAPPEN? WELL, THOSE FUNDS ARE GONNA BE USED TO FACILITATE IT.
THOSE FUNDS ARE GONNA BE AVAILABLE.
THE WORK THAT WAS DONE BACK IN MARCH, BY THE WAY, IS ALL WORK THAT WOULD HAVE TO HAPPEN IN ORDER, UH, AS PART OF THE REPAIR.
SO WE, NOTHING HAPPENS TO THE CITY.
IF YOU DON'T ACT TONIGHT, IF YOU DON'T ADOPT THE NUISANCE, HOWEVER, THESE PEOPLE ARE GOING TO BE STIGMATIZED.
THEIR HOMES ARE GOING TO BE STIGMATIZED WITH THIS PUBLIC NUISANCE, UH, FINDING.
AND IT, IT ALSO MIGHT INTERFERE WITH THE FUNDING.
WE DON'T KNOW WHAT RAMIFICATIONS WOULD COME FROM IT.
SO WE ASK THAT THIS BOARD DO THE RIGHT THING.
AND PLEASE JUST PASS ON THIS TONIGHT.
I'M GONNA RESERVE THE REMAINING TIME FOR FINAL CLOSING.
I THINK IT'S A MINUTE AND 16 SECONDS OR SOMETHING.
WILL THE CITY, IS THE CITY READY OR THERE CLOSING? YEAH, SORRY.
SO I'VE PRESENTED SOME SLIDES THAT MIGHT HELP ADDRESS SOME OF THE PUBLIC COMMENT.
SO UNDER THE CIVIL CODE, A PUBLIC NUISANCE IS ONE WHICH AFFECTS AT THE SAME TIME AN ENTIRE COMMUNITY OR NEIGHBORHOOD OR ANY CONSIDERABLE NUMBER OF PERSONS.
ALTHOUGH THE EXTENT OF THE ANNOYANCE OR DAMAGE INFLICTED UPON INDIVIDUALS MAY BE UNEQUAL.
UNDER CIVIL CODE SECTION 34 91 REMEDIES AGAINST PUBLIC NUISANCE ARE ONE, AN INDICTMENT OR INFORMATION.
NUMBER TWO, A CIVIL ACTION OR NUMBER THREE ABATEMENT.
HERE, THE CITY CHOSE ABATEMENT.
SECTION 7 31 AUTHORIZES THE CITY
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ATTORNEY TO BRING AN ACTION TO ENJOIN OR ABATE A PUBLIC NUISANCE.AND THERE ARE SOME CASE LAW RELATED TO NUISANCE ABATEMENT AS WELL.
STRICT LIABILITY FOR NUISANCE HISTORICALLY ATTENDS THE POSSESSION AND CONTROL OF THE LAND IS IMMATERIAL.
WHETHER ACTS OF THE PERSONS SOUGHT TO BE HELD LIABLE FOR THE NUISANCE BE CONSIDERED WILLFUL OR NEGLIGENT.
THE ESSENTIAL FACT IS THAT WHATEVER BE THE CAUSE, THE RESULT IS A NUISANCE.
STRICT LIABILITY IS THE STANDARD BECAUSE THE OBJECT OF THE ACT IS NOT TO PUNISH, BUT TO AFFECT A REFORMATION OF THE PROPERTY ITSELF.
IF YOU LOOK IN THE EXHIBITS THAT I PROVIDED, IT DOES PROVIDE A LARGE CHUNK OF THE NUISANCE ABATEMENT SECTION, ONE OF WHICH DISCUSSES THE IMMEDIATE HAZARDS AND ABATING IMMEDIATE HAZARDS.
PART OF THAT SECTION STATES THAT SUCH IMMEDIATE ACTION TO ABATE THE NUISANCE SHALL BE LIMITED TO SUCH ACTION AS IS REASONABLY NECESSARY TO ELIMINATE THE IMMEDIATE HAZARD.
HERE IT'S BEEN SHOWN THAT THE CITY ABATED WHAT WAS THE IMMEDIATE HAZARD OR THE COLLAPSE TO PREVENT FLOODING BOTH ON THE PROPERTY AND UPSTREAM.
IT'S CLEAR FROM THE PUBLIC COMMENT THAT THERE ARE SEVERAL ISSUES ON THE PROPERTY STILL.
AND I WANT TO REFOCUS YOU ON THE 2023 COLLAPSE.
NO MATTER WHAT THE OWNERS KNEW IN 2019 OR BEFORE, THEY KNEW BY THE TIME OF THE 2023 COLLAPSE THAT THERE WAS A DANGER.
THEY TOOK NO PHYSICAL STEPS TO REMOVE THE DIRT THAT WAS CREATING THE DANGER FROM 2019 TO 2023.
UNFORTUNATELY, THESE OWNERS INHERITED THIS PROBLEM WHEN THEY PURCHASED THE PROPERTY.
AND THAT GOES BACK TO THE STRICT LIABILITY, UM, SECTIONS THAT I POINTED OUT HERE.
ESSENTIALLY WHAT THE COMMENTERS ARE ASKING THE COMMISSION TO DO IS THAT IF THESE FUNDS DON'T COME THROUGH FROM THE GRANT THAT TAXPAYERS PAY TO IMPROVE THIS PROPERTY.
SO ESSENTIALLY, THE CITY HAS TO PAY FOR THE REPAIRS THAT IT MADE ON ITS OWN.
IF THIS GRANT DOESN'T COME THROUGH FOR THEM, FOR WHATEVER REASON, THE CITY ASK THAT YOU ADOPT THE RESOLUTION AS PRESENTED AND DECLARE THAT THE PROPERTY IS AND WAS A PUBLIC NUISANCE.
YOU GOT A MINUTE AND 16 SECONDS.
IT JUST STRIKES ME THAT THIS EFFORT TONIGHT IS MEAN SPIRITED.
IT'S MEAN-SPIRITED BECAUSE THE PROBLEM WILL BE SOLVED.
I MEAN, THE, THE CITY SOMEHOW NOW, THE CITY ATTORNEY IS NOW SOMEHOW PUTTING IN, IF THE FUNDS DON'T COME THROUGH, THE LEGISLATURE ADOPTED THE BUDGET AND THE BUDGET BILL APPROPRIATED THAT 8.5 MILLION THROUGH THE DEPARTMENT OF WATER RESOURCES TO THE CITY OF LA HABRA.
IT'S THAT THERE'S SOME INERTIA, APPARENTLY.
WE DON'T KNOW WHY, BUT IT'S GOING TO BE HAPPEN.
WE'VE, WE'VE SPOKEN TO THE CITY ATTORNEY, CITY MANAGER.
OH YEAH, IT'S GETTING TOGETHER.
LADIES AND GENTLEMEN OF THIS BOARD, PLEASE.
THE FUNDS ARE THERE, THE CITY'S GOING TO BE REIMBURSED, AND THIS JOB WILL BE DONE.
BUT THE PUBLIC NUISANCE, IT'S BEEN ABATED.
YOUR STAFF PERSON, MR. MENDOZA SAID IT WAS TAKEN AWAY.
SO NOW WHAT'S LEFT IS AN UNFORTUNATE SITUATION FOR HOMEOWNERS THAT HAVE TO LIVE WITH IT.
BUT THAT'S NOT A PUBLIC NUISANCE AT THIS POINT.
THE PROBLEM OF THE BACKUP TO THE CHANNEL IS RESOLVED.
THAT'S GONE BETWEEN 2019 AND 2023, THAT'S GONE.
PLEASE DON'T ADOPT THIS FINDING OF A NUISANCE.
IT'S, IT'S JUST MEANS SPIRITED AT THIS POINT, AND IT'S JUST INFLICTS FURTHER HARM ON A PROBLEM THAT IS GETTING RESOLVED AND WILL BE RESOLVED.
THANK YOU VERY MUCH FOR YOUR CONSIDERATION.
OKAY, WELL NOW I WILL CALL ON THE PLANNING COMMISSIONERS FOR DELIBERATION ON THIS MATTER.
ANY COMMISSIONERS HAVE ANY INITIAL, INITIAL THOUGHTS OR COMMENTS? COMMISSIONER MACHA, I WANNA START BY ADDRESSING THE HOMEOWNER'S ASSOCIATION AND THE RESIDENCE OF THE CODE.
LIKE OF, OF, OF THE PROPERTIES.
I'M REALLY SORRY THAT YOUR ATTORNEY DID NOT EXPLAIN TO YOU THE ACTUAL PURPOSE OF THIS HEARING.
IN FACT, IF HE HAD ACTUALLY EXPLAINED TO YOU WHAT WE WERE HERE TO DECIDE, I DON'T KNOW.
MAYBE THE OUTCOME MIGHT HAVE BEEN DIFFERENT, OR AT LEAST MY VOTE MIGHT HAVE BEEN DIFFERENT.
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TO ASK YOU TO APPEAL TO US EMOTIONALLY.WE ARE NOT HERE TO APPORTION RESPONSIBILITY.
WE'RE NOT HERE TO DISCUSS FUNDING.
WE'RE SIMPLY BEING ASKED TO DETERMINE WHETHER A NUISANCE EXISTS.
AND WHEN I WAS LISTENING TO YOU GUYS TALK ABOUT THE DAMAGE TO YOUR PROPERTY, OF COURSE I MOVED BY IT.
I'VE LIVED IN LA HOPPER FOR 25 YEARS.
I HAVE TO PAY FOR ALL MY, YOU KNOW, THESE ARE ALL THINGS THAT I ALSO KNOW AS WELL.
BUT THE ACTUAL ISSUE THAT I'M ACTUALLY BEING ASKED TO DETERMINE IS WHETHER A NUISANCE EXISTS.
AND WHAT YOU DID WHEN YOU GUYS WERE TESTIFYING ABOUT THE HORRIBLE CONDITIONS OF YOUR PROPERTY WAS PROVIDING MORE EVIDENCE OF A NUISANCE.
AND IF YOUR ATTORNEY HAD DONE HIS JOB, THAT MIGHT NOT HAVE HAPPENED.
BUT INSTEAD HE CHOSE TO FRAME THE ISSUES IRRESPONSIBLY TO PITCH YOU AGAINST US.
HE KEEPS ASKING US TO DO THE RIGHT THING.
HE'S SAYING THAT IF WE DECIDE AGAINST YOU THAT IT'S MEAN SPIRITED.
AND IN THAT WAY HE IS PITTING US AGAINST EACH OTHER.
AND I FIND THAT SO OFFENSIVE AND I FIND THAT SO IRRESPONSIBLE AS AN ATTORNEY.
UM, I'M ALSO AN ATTORNEY AND I FIND IT, I I THINK THAT YOU WOULD'VE BEEN SERVED BETTER IF HE HAD EXPLAINED TO YOU WHAT THIS HEARING WAS ACTUALLY FOR.
I JUST WANTED TO, UM, THANK ALL THE HOMEOWNERS FOR BEING HERE, COMING, GIVING OF YOUR TIME.
AND, YOU KNOW, WE ARE UNDERSTANDING OF YOUR SITUATION THAT YOU'RE LIVING WITH.
AND AS HOMEOWNERS, UM, AS YOU'VE POINTED OUT, WE DO LIVE IN LA HABRA.
UH, WE HAVE TO MAINTAIN OUR PROPERTIES AND, YOU KNOW, IT'S EXPENSIVE.
ANY, ANY REPAIR, WHETHER IT'S, YOU KNOW, PAINTING YOUR HOME OR, UM, YOU KNOW, PLUMBING, SEWER PROBLEMS. UM, BUT AS, UM, COMMISSIONER MAYA JUST SAID, YOU KNOW, OUR JOB HERE TONIGHT IS, IS NOT TO TO TO, YOU KNOW, TALK ABOUT THE MONEY PORTION OF WHERE THAT MONEY HAS BEEN ALLOCATED.
UM, WE HAVE BEEN ASKED TO MAKE A DECISION ON WHETHER OR NOT IT IS A PUBLIC NUISANCE.
AND THAT'S, THAT'S WHAT WE HAVE TO KIND OF, YOU KNOW, KEEP IN MIND.
AND SO THAT'S JUST WHAT I HAD TO SAY TONIGHT.
THANK YOU COMMISSIONER MANLEY.
UM, I, I THINK WE'VE ALL, YOU KNOW, CAN AGREE ON, ON ONE THING AND THAT THAT IS, THAT THIS SUCKS, UM, FOR EVERYBODY.
AND, UH, IT, IT DEFINITELY DOESN'T MAKE US FEEL BETTER AT SPEAKING FOR MYSELF TO HEAR, UM, ALL THE STORIES AND TO HEAR, UM, YOU KNOW, THE DIFFERENT EXPERIENCES THAT YOU ALL HAVE.
UH, WE ARE ALL LA HABER RESIDENCE AS WELL.
UM, I'M A HOME HOMEOWNER AS WELL.
UM, I'VE NEVER HAD AN 8 MILLION WORTH OF REPAIRS ON MY PROPERTY.
UM, AND SO I DON'T WANNA MAKE LIGHT OF THAT IN ANY WAY.
BUT, UM, YOU KNOW, THINGS LIKE THIS ARE TERRIBLE.
LIKE THE OTHER COMMISSIONERS WHO HAVE SPOKEN HAVE SHARED, YOU KNOW, OUR PURVIEW TONIGHT ISN'T TO MAKE A, A, A CALL ON HOW MUCH THIS SUCKS AND WHY DOES IT SUCK BECAUSE OF WHO AND WHAT.
AND, UM, WAS THERE A NUISANCE? IS THERE STILL A NUISANCE? UM, THERE ISN'T A TON OF DISCRETION FOR US.
UH, THE MUNICIPAL CODE IS WHAT IT IS.
UH, WE SIT HERE OFTEN WITH ONE OR TWO, THREE PEOPLE IN THIS CHAMBER HEARING DIFFERENT PROJECTS PROPOSED TO US.
AND W WE HAVE TO MAKE DECISIONS BASED ON WHAT CODE SAYS, WHAT ORDINANCES ARE.
UM, NOT HOW WE FEEL, NOT WHAT WE THINK IS RIGHT.
UM, BUT WHAT DOES THE CITY SAY, UH, IN, IN TERMS OF CODES? IN TERMS OF ORDINANCES.
YOU KNOW, IF WE WERE TO SIT HERE MANY NIGHTS AND LOOK AT PROJECTS AND, AND, YOU KNOW, HEAR FROM, FROM HOMEOWNERS LIKE YOU ABOUT MY FENCES, YOU KNOW, TOO TALL AND THE CITY'S GIVING ME A DIFFICULT TIME AND, AND HERE'S WHY IT'S TOO TALL AND THERE'S A MILLION GOOD REASONS FOR WHY IT'S SO TALL.
UM, BUT IT'S JUST REALLY DIFFICULT FOR US TO DO THAT, UH, OVER AND OVER AND OVER AGAIN.
SO OUR, OUR POSITION IS NOT FUN.
AND, AND I KNOW YOURS ISN'T EITHER.
UM, TO BE HERE TONIGHT AND TO BE SUBJECTIVE AND TO DO WHAT'S RIGHT, UM, IN THE EYES OF YOU ALL IS
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PROBABLY NOT DOING WHAT'S RIGHT IN THE EYES OF, YOU KNOW, WHAT, WHAT CODES SAY, WHAT PUBLIC NUISANCES CRITERIA SAYS, AND, AND THOSE MATTERS.SO, YOU KNOW, WE CAN HEAR FROM THE CHAIR TONIGHT, UH, AFTER I CONCLUDE.
BUT, UM, AS FAR AS I STAND, I'M PREPARED TO, YOU KNOW, MAKE A RESOLUTION WHEN WE'RE READY.
UM, YES, SO I AM, I AM VERY EMPATHETIC.
I ALSO, MYSELF AM A HOMEOWNER AND I LIVE HERE IN THE CITY OF LA HABRA.
AND, YOU KNOW, WE, UM, AGAIN, AS BOTH MY, UH, FELLOW COMMISSIONER COLLEAGUES MENTIONED, WE BASICALLY HAVE TO MAKE A DECISION, A VERY SUBJECTIVE DECISION BASED ON WHAT THE CODE IS.
UM, AND UNFORTUNATELY WE DO HAVE TO LEAVE OUR EMOTIONS OUT OF IT.
UM, SO THAT WE CAN, IN ESSENCE, DO EXACTLY WHAT THE, WHAT, WHAT IT'S STATING THAT WHAT ACTUALLY CONSTITUTES A PUBLIC NUISANCE.
AND UNFORTUNATELY, YOU KNOW, AS MENTIONED BY COMMISSIONER MACHA, UM, IT'S PRETTY CLEAR YOU, YOUR COMMENTS REAFFIRMED THAT THERE IS A NUISANCE, THERE IS A POLLUTION, THERE IS, UH, CLEARLY NOISE.
THERE'S ALL KINDS OF DIFFERENT TYPES OF, UH, NUISANCE THAT CURRENTLY EXIST, UNFORTUNATELY.
UM, WITH THAT SAID, I DO HAVE A QUESTION FOR STAFF.
AND MY QUESTION IS, IS IF THE COMMISSION WERE TO VOTE FOR THIS RESOLUTION, UM, AND STATE OR THAT THIS IS A, OR IDENTIFY THAT THIS IS A NOTICE OF THE PUBLIC NUISANCE, WHAT DOES THAT TRIGGER? WHAT IS THE NEXT STEPS? WHAT, WHAT HAPPENS AFTER? CAN SONYA, CAN YOU ELABORATE A LITTLE BIT ON THAT? SO, SHOULD THE COMMISSION AFFIRM THE RESOLUTION TONIGHT, THAT DECISION WILL BE BECOME FINAL, NO FURTHER ACTION IS ANTICIPATED.
IF THE CITY WERE TO INITIATE COST RECOVERY, A SEPARATE HEARING AND ADVANCE NOTIFICATION WOULD BE GIVEN TO THE PROPERTY OWNERS.
THIS SIMPLY IS ONE REQUIREMENT.
IT DOES GIVE THE CITY THE OPTION TO INITIATE COST RECOVERY IN THE FUTURE, BUT NO DECISION HAS BEEN MADE TO DO SO.
AND AGAIN, IF IT, IF THAT OPTION WERE SELECTED, THAT WOULD BE A SEPARATE HEARING, WHICH WOULD REQUIRE A SEPARATE NOTIFICATION TO THE PROPERTY OWNERS.
SO WHAT I'M HEARING IS THAT THE PURPOSE OF THIS TYPE OF RESOLUTION IS SO THAT IN THE FUTURE, THE CITY WOULD HAVE THE OPTION FOR A COST RECOVERY.
THAT IS CORRECT, BUT NOTHING FURTHER.
IT DOESN'T START ANYTHING FURTHER.
THERE'S NO OTHER ACTION, THERE'S NO OTHER IMPACT, PER SE, TO ANY OF THE RESIDENCE.
I HAVE ONE QUESTION FOR THE CITY ATTORNEY.
ACTUALLY, PLEASE DOES IT IN FACT PLACE A LIEN ON THEIR PROPERTY AS MR. PETERSON REPEATEDLY STATED? NO, IT DOES NOT.
MADAM SHARE, UM, WITH YOUR PERMISSION.
YOU KNOW, ONE OF THE THINGS THAT WAS REALLY CLEAR TO ME TONIGHT, UH, IS THERE ARE FUNDS THERE MAYBE, UM, OR THOSE FUNDS HAVE BEEN ALLOCATED, APPROPRIATED.
UM, HOWEVER, UM, YOU KNOW, THE HOA REPRESENTATION PAINTED A PICTURE THAT CITY STAFF HAS.
YOU KNOW, I THINK ONE OF THE RESIDENTS HAS JUST FLATLINED, UH, IN TERMS OF COMMUNICATION.
I, I HAVE A LOT OF PAPERS IN FRONT OF ME THAT SHOW THERE'S BEEN A LOT OF COMMUNICATION.
UM, BUT I CAN UNDERSTAND THE FRUSTRATIONS.
UM, YOU KNOW, I'D LIKE TO ASK STAFF IF WE COULD, UM, BE REALLY DILIGENT AND EXPEDITIOUS AND WHATEVER THE NEXT STEPS WOULD BE FOR THOSE FUNDS.
I KNOW THAT THIS IS GOVERNMENT AND THINGS TAKE A LONG TIME, ESPECIALLY WHEN THERE'S MONEY INVOLVED.
AND, UM, WHATEVER THE CITY CAN DO TO ENSURE TO THE RESIDENTS, TO THE COMMUNITY, UH, TO THE COMMISSION AND TO THE CITY THAT THEY ARE BEING DILIGENT IN, UM, WHAT ROLE THEY MAY HAVE IN THAT.
I, I WOULD JUST SAY THE CITY HAS TO MAKE A DETERMINATION, UH, REGARDING THE FUNDING SEPARATELY FROM THIS MEETING.
IT'S GOING TO INVOLVE DECISIONS
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BY VARIOUS DEPARTMENTS AND OUR ADMINISTRATION.UM, I WOULD SAY GENERALLY THE CITY DOES TRY TO WORK TOWARDS A RESOLUTION, AND I DON'T SEE WHY WE WOULDN'T TRY TO WORK TO THE BEST OF OUR ABILITY TO DO SO IN THIS CASE.
BUT AGAIN, I, I SPEAK GENERALLY IN, IN ALL THE EFFORTS THE CITY PUTS FORWARD, THAT THAT'S WHAT WE TRY TO DO.
I MEAN, I, I'LL GO A STEP FURTHER AND YOU REITERATE THAT, YOU KNOW, SOMETHING THAT WAS REALLY CLEAR TO ME FROM THE HOMEOWNERS ASSOCIATION TONIGHT IS, UM, THEY WEREN'T SITTING ON THEIR HANDS AND YOU ALL WERE, YOU KNOW, DOING EVERYTHING THAT YOU COULD TO TRY TO MITIGATE THIS AND SEEK FUNDING.
AND ANYTHING THAT, YOU KNOW, STONE, YOU COULD TURN, YOU TRIED TO TURN AND, UM, IN THE DOCUMENTS THAT WERE PRESENTED BY YOUR ATTORNEY, YOU KNOW, SHOW THE SENATOR NEWMAN'S PRESS RELEASE.
AND, YOU KNOW, IT'S, IT'S REALLY CLEAR ON THERE THIS MONEY IS ALLOCATED FOR THIS SPECIFIC PURPOSE.
UM, NOW I DON'T KNOW, YOU KNOW, THE ACCURACY OF THAT I'M SKEPTICAL OF, OF JUST ABOUT EVERYTHING.
UM, BUT IF THAT'S TRUE, I THINK AS A CITY, UM, WE, WE SHOULD NOT TAKE THAT LIGHTLY.
AND I KNOW THE CITY COUNCIL'S LISTENING, UM, I KNOW THAT THEY'RE LISTENING REALLY CLOSELY TO THIS, AND I'M NOT SURE IF THIS WOULD RUFFLE FEATHERS AT ALL.
BUT I, I THINK IT'S FAIR AS A RESIDENT TO SEE MEMBERS OF THE COMMUNITY, YOU KNOW, FIGHT RESPECTFULLY AS BEST AS THEY CAN FOR THEMSELVES AND FOR THE STATE TO STEP IN AND TRY TO HELP AND TRY TO MITIGATE AND TRY TO PROVIDE RESOURCES.
AND AS A CITY, YOU KNOW, HOW WE CAN RESPONSIBLY UTILIZE THOSE RESOURCES AS THEY WERE INTENDED.
SO THAT, I THINK IT'S A WIN-WIN FOR EVERYBODY.
I THINK IF WE COULD ALL VOTE TO ALLOCATE MONEY TOWARDS THIS, I THINK WE ALL WOULD.
I I THINK WE WE'RE PRETTY CLEAR ON THAT IF WE, IF I HAD THE MONEY, I WOULD GIVE IT TO YOU
AND I ASK THAT YOU NOT WE'RE YOUR NEIGHBORS AND NOT THINK THAT WE DON'T CARE.
CAUSE WE REALLY DO BECAUSE WE COULD BE IN THE SAME POSITION AS YOU.
WE ARE VERY WELL AWARE OF THAT.
ANY, ANY FURTHER COMMENTS? I, I WOULD JUST STATE, UM, I AGREE WITH COMMISSIONER, UM, MANLEY IN THAT I, I TOTALLY EMPATHIZE AND I UNDERSTAND THAT YOU GUYS HAVE PRETTY MUCH TURNED EVERY STONE THAT CAN BE TURNED.
UM, AND I WOULD ADVISE OR RECOMMEND THAT YOU CONTINUE TO WORK WITH SENATOR NEWMAN TO ENSURE THAT THOSE FUNDS CONTINUE.
I MEAN, IT'S PRETTY CLEAR IF THIS, YOU KNOW, WITH ONE OF THE EXHIBITS I SAW THE LANGUAGE, I'M PRETTY FAMILIAR TO, YOU KNOW, READ LANGUAGE AND WHEN FUN IS ACTUALLY APPROPRIATED, TYPICALLY IT'S YOURS.
UM, OF COURSE I AM, I HAVEN'T BEEN FOLLOWING IT, SO I CAN'T GUARANTEE THAT.
UM, BUT I WOULD, I WOULD JUST ENCOURAGE FOR THAT COMMUNICATION TO CONTINUE BETWEEN THE CITY AND SENATOR NEWMAN'S OFFICE AND THE, THE HOA, THE RESIDENTS.
UM, SO IN ORDER TO SEE THAT CONTINUE TO MOVE FORWARD.
UM, AND WITH THAT, I MAKE A MOTION TO ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABER, CALIFORNIA, AFFIRMING THE NOTICE OF PUBLIC NUISANCE ISSUED TO THE COYOTE VILLAGE HOMEOWNERS ASSOCIATION WITH ONE AMENDMENT TO THE RESOLUTION.
AND I'D LIKE TO MAKE AN AMENDMENT TO SECTION FIVE OF THE RESOLUTION.
THE HOA IS HEREBY ORDERED TO TAKE ONARY STEPS TO REPAIR THE STORM DRAIN CHANNEL TO PREVENT A FUTURE COLLAPSE WITHIN CURRENTLY STATES 30 DAYS.
AND I LIKE IT TO STATE 90 DAYS WITH THE OPTION TO EXTEND OR LONGER WITH THE CITY'S CONSENT.
AND PURSUANT TO SECTION 18.7 4.70 C OF THE LAHA MUNICIPAL CODE, THE PLANNING COMMISSION'S DECISION IS FINAL.
ARE THERE ANY COMMENTS FROM STAFF? I DON'T HAVE ANY NEWS FOR THE COMMISSION EXCEPT TO SAY YOUR NEXT REGULAR MEETING IS CANCELED OR WILL BE CANCELED DUE TO A LACK OF ITEMS READY TO BE SCHEDULED.
BUT WE WILL BE READY TO PRESENT TO YOU AT YOUR FIRST MEETING IN JULY.
ARE THERE ANY COMMENTS FROM COMMISSIONERS? ANY FURTHER COMMENTS? OKAY.
THERE BEING NO FURTHER BUSINESS BEFORE THE COMMISSION, THE MEETING IS ADJOURNED TO THE REGULAR MEETING SCHEDULED
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FOR MONDAY, JULY 10TH, 2020.