CC RES 2009-006 RESOLUTION NO. 2009-06 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES REPEALING
RESOLUTION NO. 2002-43 IN RESPONSE TO THE
COURT OF APPEAL'S DECISION IN THE MONKS V. CITY
OF RANCHO PALOS VERDES CASE
WHEREAS, pursuant to the direction of the City Council, Cotton, Shires &
Associates prepared a report dated January 14, 2002; and
WHEREAS, on May 20, 2002, at a duly noticed public meeting, the City Council
of the City of Rancho Palos Verdes reviewed the report that was prepared by Cotton,
Shires & Associates and discussed certain findings that should be made as a result of
the report; and
WHEREAS, on June 12, 2002, the City Council adopted Resolution No. 2002-43,
which set forth its findings regarding the report that was prepared by Cotton Shires, and
directed City Staff to continue to deny requests for development permits for new homes
in the Zone 2 area of the Portuguese Bend landslide complex, until an applicant submits
a complete Landslide Moratorium Exclusion application that is supported by adequate
geologic data demonstrating a factor of safety of 1.5 or greater of the Zone 2 area,
which is the same standard that is applied throughout the City, to the satisfaction of the
City Geologist; and the City Council approves the Landslide Moratorium Exclusion
application, and all other required permits to develop are issued by the City; and
WHEREAS, following the adoption of Resolution No. 2002-43, the owners of
sixteen lots within Zone 2 filed a lawsuit entitled Monks.v. City of Rancho Palos Verdes,
alleging an inverse condemnation claim under the State Constitution; and
WHEREAS, the trial court determined that a permanent taking had not occurred
and found in favor of the City; and
WHEREAS, on October 22, 2008, the California Court of Appeal reversed the
decision of the trial court, finding that since City has allowed existing homes to remain
and has allowed the rebuilding and expansion of those homes, preventing the
construction of new homes on the plaintiffs' lots was not justified, even though the
Factor of Safety for Zone 2 has not been specifically ascertained. The Court of Appeal
then stated that: "'Uncertainty' is not a sufficient basis for depriving a property owner of
a home. The city must establish a reasonable probability of significant harm to obtain
an injunction against a nuisance." The Court of Appeal then held that the City's refusal
to allow the plaintiffs to construct homes on their lots is a permanent taking of property
for which compensation must be paid by the City; and
WHEREAS, On December 17, 2008, the California Supreme Court denied the
City's petition for review in the Monks case; and
WHEREAS, the Court of Appeal has issued its remitittur sending the case back
to the trial court "for further proceedings to determine an appropriate remedy for the
permanent taking exacted by the city;"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. In response to the decision of the California Court of Appeal in the
Monks case, and as the initial step that will be taken by the City to avoid having
to pay compensation to the plaintiffs for a permanent taking of their properties,
the City Council of the City of Rancho Palos Verdes hereby repeals Resolution
No. 2002-43 so that as of this date, Resolution No. 2002-43 is of no further force
and effect.
PASSED, APPROVED AND ADOPTED this 21st day of January 2009.
PA.. LAI
IMF
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the above Resolution No. 2009-06 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on January 21,
2009.
A(L6
City Clerk
1111457-1 Resolution No. 2009-06
Page 2of2