Emergency Pasadena City Council Meeting: Jan. 15, 2025

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CITY OF PASADENA

NOTICE OF EMERGENCY MEETING

OF THE CITY COUNCIL

JANUARY 15, 2025

1:00 P.M.

VIRTUAL MEETING PURSUANT TO GOVERNMENT CODE SECTION 54953(e)(1)

cityofpasadena.net/cczoom

TELEPHONE ONLY DIAL-IN: 1-669-900-6833

MEETING ID: 161 482 446

NOTICE IS HEREBY GIVEN that an emergency meeting of the City Council will be held today, January 15, at 1:00 p.m., to discuss the following items:

1. CALL TO ORDER

2.

CONSIDERATION OF WHETHER THE CITY OF PASADENA JOINS THE COUNTY OF LOS ANGELES TO OPT-IN TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) DISASTER

MITIGATION PROGRAM RELATED TO FIRE-DEBRIS REMOVAL AND MITIGATION

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

CORRESPONDENCE

POWER POINT PRESENTATION - PPDR PHASE 1 & 2 PRESENTED AT THE MEETING

ACTION:

MOTION APPROVED TO DIRECT STAFF TO JOIN THE COUNTY OF LOS ANGELES IN OPTING-IN TO THE FEMA DISASTER MITIGATION

PROGRAM FOR FIRE DEBRIS REMOVAL AND MITIGATION

3.

UPDATE � CITY RESPONSE TO WINDSTORMS AND FIRES - CITY MANAGER AND EMERGENCY OPERATIONS STAFF

Recommendation : It is recommended that the City Council:

(1) Consider updates from City staff and provide

direction if desired by the City Council; and

(2) Find that, if direction is given to staff, it would not be a �project� subject to the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21065 and within the meaning

of CEQA Guidelines Section 15378(b).

SUPPLEMENTAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

CORRESPONDENCE

ACTION: PRESENTATION MADE; INFORMATION RECEIVED AND FILED

4. ADJOURNMENT

CITY COUNCIL

Victor M. Gordo, Mayor

Jessica Rivas, Vice Mayor, District 5

Tyron Hampton, District 1

Rick Cole, District 2

Justin Jones, District 3

Here. Vice Mayor Rivas? Mayor Bordeau? Here. There's a quorum that council president. Why don't we jump right into the business? Okay. And… start with item two. And this is consideration of whether the city passing it joins the County of Los Angeles to opt into the federally emergency management. Disaster mitigation programs related to the fire removal And I would just note so that the audience can hear you to project into that microphone. Thank you. Up there. So just speak louder, that's all. Can everyone hear me? Mr. Cole, could you hear me? You have your hand up, Mr. Holt. I was ready to make a motion and speak to it, but I'll wait until we're to that point. Why don't we make quick presentation so the public understands what it is we're doing on their behalf? Thank you, Mayor. Thank you for you all for making this emergency meeting. It is an emergency meeting with a one-hour notice because I got a call last night. I don't have the exact time, somewhere 8 or 9 o'clock and then called Jennifer Page and she and I sat with and listened to our partners with the County Office of Emergency Services, and they met at that call made us aware that there is a program, a federal program related to fire debris removal and mitigation. And the urgency, as they said, we need to make a decision whether to opt in or not by early this afternoon. And for that reason, we're holding this meeting. My team has been I'm working hard to understand all of the parameters around it. And Director of Planning Community Development, Jennifer Page, will inform you as well as the public of the parameters. Good afternoon. Thank you. Thank you, members of the council. I'm going to walk through, I have a slide to walk you through the overview of the private property debris removal program quickly and succinctly so everyone has a basic understanding of How this would work. This is divided into two phases. There's step one and step two, which are initially also called phase one and phase two. The phase one program, and again, this is only related to private property, so these are our sites where homes are damaged, where they're red or yellow, possibly yellow tagged sites that would be eligible. And this is for the debris removal for those sites to remove the hazardous material that's left over after the fire. So for phase one here, this portion is actually mandated that we participate. There's no opt-in. This is going to be done by FEMA for this disaster. We've been notified. They've delegated that authority to EPA. They'll be setting up an incident command that's comprised of EPA, the state, and the county. Those three agencies will be undertaking phase one. Phase one is removal of household hazardous waste. So those are the type of things that under a normal scenario, a homeowner would take to a property and dispose of paint. Propane related items, ion take to a hazardous disposal site. This phase one, they send out teams and they go through the debris and they remove all of those items. And again, that is mandated that we participate. We have no option. They are currently in the process right now of mobilizing their sites to collect the debris. They anticipate that there will be five or six sites set up where all of the hazardous materials are taken and then they're disposed of properly. So we spoke to the EPA. They're setting up collection of those sites right now. We don't have a time estimate for the length of phase one right now. They did give us a reference that there was a fire in California recently that had 16,000 structures burned And they got through phase one in three to four months. So that gives us kind of a ballpark estimate on what they're looking at for phase one. So all of our sites in Pasadena would be cleaned up through phase one. And then it's handed off to phase two. Phase two is the step that we have the ability to opt in to participate or not. It's the staff recommendation that we opt in to this program. This results in essentially a no-cost program for those homeowners that choose to participate. They are covered by insurance for those that have it and for those that don't, they're covered. We have a little bit more on cost. There is a cost to the city, but we can get to that in a minute. I want to walk through the phases of how this works first. And I just want to note that Council Member Jones is on the meeting and he joins us at 107. Thank you, Mark. So for step two, after we've got the household hazardous waste removed, then we start step two. And that's essentially where EPA clears the sites and hands it over to the authority that will be running the program. It is not yet determined if this program is going to be run at a state or a federal level. That's still being determined right now. We do know it's not going to be handled at a local level or at a county level. So now we're looking at administration of this program at either a state or federal level. That's to be determined. So we would opt into this program. What they do is they verify they have to get right of entry from any property owner that elects to participate. This is not mandatory. A property owner can elect to participate in this program They give right of entry for inspections to begin. They install signage. They start doing assessments, and they start doing the abatement of the properties. They then remove all the debris, take it to the proper sites and complete the debris removal process. We are notified at the end when the debris removal is done and they are cleared to begin working on the rebuilding and the permitting phase. Nothing can be done on these sites until they're cleared. Again, it's optional. If a property owner chooses to do this on their own, they can. If they want to hire their own contractor and follow all the requirements. That are being developed and will be made available to them. We will be participating in that piece of it and making sure that those property owners have that information that they need. If someone elects to do this on their own, they can. So this does not commit somebody to participating in this program. It's an option that's available to someone if they want to go through the scheduled program instead of doing it on their own. So the other piece I want to add, I think in terms of cost. So what we've been told is that for the first 180 days of this step two program. The costs are 100% covered by FEMA. After 180 days, then what typically happens is 75% of the cost is done at a federal level and 25% of the cost is done at a state level. And the city pays 6% of that. The average cost per parcel for cleanup is $130,000. So what that would mean for Pasadena in terms of a cost burden, should we opt into the program would be about $10,000. Per site that chooses to participate. We're only paying if there is a site that chooses to participate. Is that after the 180 days? After the 180 days. So that's the quick overview. We're here to answer questions as we can. Thank you. So we'll do that in the city's interest to get the word out, get as many of the property owners who are affected to take advantage of it within 180 days. Right. And we have questions still as we're learning about this, about prioritization and how they decide in what order are they going to clean up the sites. We will have a seat at the table. Any participating agency as a local body, we will have representation in those discussions, so we will be actively participating in those discussions. So the 180-day timeline is to opt in for individual property owners to opt in Not for the work you created. It's our understanding that from 180 days from when they start the program and start the cleanup, during that 180 days, the properties that get done during that time are 100% covered. So yes, it would be it would be in someone's best interest to begin and get into the program as soon as possible. Again, there's no cost to them. There's a cost that would be borne to the city for the parcels that remain. We know right now that we have about 142 red tag structures in the city. And so we can do the math and figure out what the estimated cost would be. But that's for if every parcel elected to participate in the program. I anticipate that there will be some property owners that might want to go with their own contractor and just do this on their own, maybe for time. But I don't think that every single property would participate in the city. We just don't know. Okay, we can take down the grapple and I will email it to the council right now so that they have it if they want to reference it. I'm just going to go in order that you appear. Mr. Hampton. Followed by Ms. Two minutes. Mr. Hampton? He took his hand down. You can go to Mr. Madison. Mr. Madison. Always. Thank you, Mayor. I want to make sure I'm following And the mention of red tagging at the end perhaps was helpful. What's the criteria for participation in the program from the resident standpoint? All of our residents actually qualify because we are part of the larger fire effort. We are told that there were some smaller fires. There was a smaller fire in California where 180 structures were damaged and they did not qualify because it was not large enough. Because we are part of the Eaton Fire and the largest larger event, our properties automatically all qualify. So what do you mean all properties? All homes in Pasadena? All the properties that are destroyed in Pasadena are qualified. Red tacked. Yes. Okay, so it is red tag. Okay, so for example, damage from the windstorm or debris from the windstorm would not be involved? Absent a red tag, which I don't think we've had just for the windstorm, but I could be wrong. Correct. We don't have any council member, we don't have any red tide structures resulting from the windstorm. Okay, what's the fiscal impact? If every property participated, which would be 142 and we estimate $10,000 per site, it would be about 1.4 million. That's if every property participated. Mr. Hawksworth has a little additional information he can share as well, Mr. Hawksworth. Yeah, good afternoon. Just share that one of the things that we're working on is that the city's cost share is also eligible to be offset through in-kind donations or other things. It doesn't necessarily have to be a cash contribution for our cost share. And let me clarify, because I've heard two numbers, 6% and 6.75, just for clarity. Do you know the number? It's 675. 6.75% would be the city's cost share. Because that only kicks in after the 180 days. But from what I've been told, the 180 days starts when you make a declaration, which already happens, or the clock is already ticking on the 180 days. Got it. This medicine? Yes. Yes. Okay. Yeah. Did that conclude the staff's answer? Okay, so is it after the first 180 days or is it in the first 180 days the city has an obligation? After the 180 days. It's 100% covered for the first 180 days. Okay, but we're in for a penny and for a pound, as it were. If we're in and the county or whomever is actually doing the work drags their feet then we move into that 180 day period where we're responsible or the resident is. The city would be responsible for whatever parcels at that time still need the remediation. And is this on the first option or the second, the one that's optional? Yes. The second. The optional one. Second, yeah, we have no choice in the first one. That's mandated by the government. They come in and do the work and that's already underway getting set up. So this is all about phase two. So mandated by what government? Okay. The federal government. In this case. And it's to remove hazardous materials. It's to remove hazardous materials from private property so that the site can be prepared for rebuilding. Okay. I mean, I'd sure like to learn more about that because that's a new concept to me but And then in terms of the actual work, the first phase would be the federal government and the second phase would be the county. For this disaster, the first phase has been delegated to the federal government The second phase, it has not been determined yet. It will either be the state or the federal government that's still being worked out. Not the county. We know it's not the county. Okay, but not the county of LA. Okay. I have questions about process, but I don't want to consume time. I can ask those. Later of the staff this is obviously Things like this are hard to process. You know appropriately on the fly And it feels a little bit like that's what we're doing. So I'm a little surprised that we would have you know, 12 hours notice to opt in or opt out forevermore. But like I said, I won't delay things with that at this point. So thanks, Mayor. Mayor, I didn't lower my hand. There was something going on with my Zoom. Before you get into that, the 12-hour timeline is… set by whom? The call that I received, and they said this is just an indication of our commitment. It's going to be a letter that's going to be drafted from the state OES director to FEMA. That will inform them of who is opting in and who is not. And they said it's not a binding commitment. We don't have to sign anything. But even just including our name on that commitment letter, I thought was something I wanted to get in front of the council if we could. But again, we're not… without authorizing a written document of any sort, just our inclusion in the letter of commitment to FEMA. Can I just ask a follow up then, given that follow-up, is the county participating? Yes. The county has decided to participate, yes. Okay, great. Thank you, Mayor. Thank you. Mr. Hampton, followed by Mr. Masuda. Thank you. You know, and you guys answered some of the questions. I think Councilman Madison for asking those questions. The question I have is, will this have an effect on anyone's insurance if they decide to go in, will their insurance readjust? Or reassess if FEMA is removing or abating anything against the property. I don't know. What we do know is that if you have fire insurance, it covers hazardous waste removal in some sort. There's either a line item that has a specified amount on some policies or you have an overall rebuild allotment. And based on the insurance company, they determine how much they will give and they work that out with FEMA. There's no cost to the homeowner. That is the takeaway. We're told there's no cost to the homeowner as part of this program. So it depends on your insurance, how they work that out through the The paying out with FEMA. So no cost to the homeowner, but I heard them say a couple of times if there's insurance proceeds, that comes first. Once the insurance proceeds are exhausted or if there are new insurance proceeds, then the program kicks in and covers the rest. Other than the city sheriff. Thank you. I think we're going to need some more information that we can share with our residents so they know what to expect. With their insurance if FEMA is to do cleanup will their insurance significantly drop whatever the amount is that they assess the house for. So I guess, you know, I'm supportive of this because anything that's going to save cost to residents in general I'm definitely supportive of, but I think we need more facts. We need more information so that we can make sure that the residents are educated. The other question I have is, as it relates to, I've been contacted, I'm sure everybody else has been contacted by so many local businesses and Yes, this is a tragic event, but there is an opportunity here for our local businesses to participate in this process. What is that step and where are we at in that process? Well, I mean, in terms of removal of anything, any debris. In terms of hazardous waste removal or In our community. So there's been no debris removal done at all. These sites are still sites that should not be entered. They are toxic sites. I think that's really important that the public needs to understand we're going to be working on messaging some additional information out to the public that these sites should not be disturbed at this point in time. If someone elects to do this cleanup on their own, which they still could do, they're not required to participate in the program, then they would hire a contractor and they would do the cleanup to the standards that are required by the state and federal government. And as a city. I'm sorry. I'm sorry, Jennifer. I don't want to, you know, I know we have a short period of time, so I don't want to belabor the point. My point is what I'm trying to ask is. There is going to be a lot of work happening here. And FEMA, if they're taking the lead on some of these projects. Are they communicating with local companies? We do have hazardous waste removal companies and we also have environmental service testing companies within the city. And I know that for a fact. Are they using local companies That's the question I'm trying to figure out. Councers? The short answer right now is we don't know. We do know that there are some large companies that are based in Pasadena that are the top companies in doing this work. But we don't have any information about who would be awarded what work. We do, again, have a seat at the table in any discussions related to Pasadena as a participating agency so we could make sure that we advocate and are part of those conversations. And then my other question is 180 days. Let's say, for example, one of my neighbors, which I had quite a few neighbors lose properties or damage um damaged structures they're at their residence If I apply within 180 days, does that lock me in within 180 days or? If they don't come and remove everything to the 190, It's our understanding if you apply within the 180 days, then it's 100% covered. After the 180 days, the cost is borne. The 6% cost is kicked in by the city. That doesn't cost the property owner any difference between now or after 180 days. The difference is that after 180 days, the city's 6.75 percent share would have to be paid for at a later date. Okay, thank you. That answered my question. And another question is, we have properties that have been yellow tagged as well and green tagged And some of those that have been green tagged are properties that have had garages that have been demolished. And inside those garages have hazardous materials that also went up Is this only for red tag toms or is this also for those This is for primary structures that have been destroyed. So it would be primary structures that are red tacked. Removing garages and things in their backyard. Quote Raj is not considered a primary focus. So we would work with them on a local level on getting us to the deck. Okay, that's helpful. Thank you so much. So if ADU was burned. I'm sorry, I just wanted to follow up on that. So if ADU was burned, that wouldn't be considered primary either so Right. We don't know. I honestly don't know the answer right now. Information, yeah. Shrasuda. Thank you, Mayor, and thank you, Jennifer, for reporting on this. The property has to be red tagged. You're going to be removing, they're going to be removing hazardous material It's 100%. At no cost for the resident and they have to decide within 180 days. Is that correct? Councilmember, they don't have to decide within 180 days, but the sooner they decide the better, because within 180 days, the cost is 100% covered by FEMA. After 180 days, the city's 6.75% would be applicable to the sites that choose to participate. Which is about $10,000 a site. But that's borne by the local agency. It's not borne by the property owner. What I would be concerned about is that how you're going to get to everyone? Because for instance. You know there's 80 something homes in my upper hastings that were completely destroyed and the people are not there anymore. And how are we going to verify they got this information? Very important information that that this can get done. I think as soon as a decision is made, we will start working on working with the property owners and making sure they have all the information they need on the program. Okay, thank you so much. Hold. Followed by Mr. Life. My understanding is that my understanding is that FEMA reimburses in a series of categories. Those categories are called categories are called by experts which i am not, but I have been talking with some who are FEMA A, B, C, D, E, F, and G categories in government speak And categories A is debris removal And category B is protective measures. And my understanding is that we have 100% reimbursement per the president on categories A and B, including fire response. Categories C through G are roads and bridges, water and control facilities, public buildings and their contents, public utilities, parks, recreation, and other facilities. Presumably, the governor's presumably emergency declaration and the county emergency declaration cover those for FEMA eligibility. But FEMA eligibility would be for, again, the 75%. And are we, and I don't expect an answer off the cuff. But because I think we're operating under a similar seven-day window Are we advocating is the county advocating is the state advocating for 100% reimbursement on these other categories? Which will directly affect Pasadena. The only Procopio will answer on behalf of staff. So for the CPRG categories, we are advocating for approval first. We submitted our cost for the city in those categories. And more than likely we will see the state kick in the 18.25% of difference. And in those categories, we will also be seeing an expectation from the city of 6.75. For us to cover. That's it for me, Mayor. Thank you. Thank you. Thank you, Mayor. I'll be quick. One's a practical question. It may have gotten answered in your exchange with Councilmember Hampton, but I'm not certain. Jennifer, when you said we have 142 red tag structures, is that structures as a term of art meaning any kind of including outbuildings and garages and all of that, or are we really talking 142 homes? Okay, okay. Primary dwelling units, homes. Homes. Yeah, there's a few structures that were non-residential, but like three or four, but primarily those are homes. Okay. And then the second question is a question I often ask when we get reports that What's the counter argument to your proposal? Why wouldn't we do this? Steph does not have a counter argument, which is why we're recommending that we do this. I think we're looking to present all options we can to property owners so they know that they have this option available to them. There's some potential financial considerations for the city, which is why we wanted to present that in terms of the parcels that would result in the approximate $10,000 cost per parcel. Again, that's only for those that opt in, but for us, we see it as an opportunity to provide an additional option for our residents. If someone wants to do this on their own and they don't want to participate in the program, they do not have to. So it's not mandating something on anybody. For us, it's expanding options. Okay, great. Thank you. Mr. Jones Well. I'll be quick. What's the coordination between those who opt into the program and those who opt out? So if there's a cluster of residents who opt in, but maybe one or two parcels opt out. Are they required to still have their debris hauled away during the same time? Yes, yes. You start the process at a local level, if someone decides they don't want to opt in and they want to do it on their own with their contractor, they would be working directly with us on the permitting and making sure they're meeting all the requirements and they're doing it on their own. If you're going through the opt-in program. You're going to be doing more coordination, obviously, through some state and maybe even federal agencies. They will be setting up local offices and local resource centers to assist Those people, we would also like to see how we can bring that into the permit center and be able t