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CC SR 20231114 03 - Landslide Continuing Emergency Nov 2023 PUBLIC HEARING Date: November 14, 2023 Subject: Consideration and possible action to conduct a public hearing on the greater Portuguese Bend Landslide Complex. Recommendation: 1. Receive and file the “10-day report” that pursuant to California Government Code § 65858(d) is required to be issued 10 days prior to the expiration of the initial 45 -day moratorium; 2. Adopt Urgency Ordinance No. __U AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, EXTENDING THE MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS, ISSUANCE OF PERMITS, AND CONSTRUCTION OF ALL STRUCTURES WITHIN THE PORTUGUESE BEND LANDSLIDE COMPLEX ADOPTED BY ORDINANCE 647U FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, EXPIRING OCTOBER 2, 2024; 3. Review and ratify granted Exceptions to the building moratorium, as deemed necessary and consistent by the City Manager, pursuant to Section 2(D) of Ordinance No. 674U; 4. Adopt Resolution No. 2023-___ thereby continuing the local emergency declaration as established by Resolution No. 2023-47 adopted on October 3, 2023 for an additional 60 day period; and, 5. Receive and file report of the project activity in the Portuguese Bend Landslide Complex related to the local emergency declaration established by Resolution No. 2023 -47 adopted on October 3, 2023. 1. Report of Notice Given: City Clerk 2. Declare Public Hearing Open: Mayor Pro Tem Cruikshank 3. Request for Staff Report: Mayor Pro Tem Cruikshank 4. Staff Report & Recommendation: Amy Seeraty, Senior Planner; Katie Lazano, Senior Analyst; and Jesse Villapando, Senior Analyst 5. Council Questions of Staff (factual and without bias): 6. Public Testimony: Principal Parties 10 Minutes Each. The appellant or their representative speaks first and will generally be allowed ten minutes. If the applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be allowed ten minutes to make a presentation. Applicant: City of Rancho Palos Verdes A. Testimony from members of the public: The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who intend to speak. RANCHO PALOS VERDES 7. Rebuttal: Normally, the applicants and appellants will be limited to a three (3) minute rebuttal, if requested after all other interested persons have spoken. 8. Council Questions of Appellant (factual and without bias): 9. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Pro Tem Cruikshank 10. Council Deliberation: The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter. 11. Council Action: The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additi onal testimony; continue the matter to a later date for a decision. RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/14/2023 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA TITLE: Consideration and possible action to conduct a public hearing on the greater Portuguese Bend Landslide Complex. RECOMMENDED COUNCIL ACTION: 1. Receive and file the “10-day report” that pursuant to California Government Code § 65858(d) is required to be issued 10 days prior to the expiration of the initial 45 - day moratorium; 2. Adopt Urgency Ordinance No. __U AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, EXTENDING THE MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS, ISSUANCE OF PERMITS, AND CONSTRUCTION OF ALL STRUCTURES WITHIN THE PORTUGUESE BEND LANDSLIDE COMPLEX ADOPTED BY ORDINANCE 647U FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, EXPIRING OCTOBER 2, 2024; 3. Review and ratify granted Exceptions to the building moratorium, as deemed necessary and consistent by the City Manager, pursuant to Section 2(D) of Ordinance No. 674U; 4. Adopt Resolution No. 2023-___ thereby continuing the local emergency declaration as established by Resolution No. 2023 -47 adopted on October 3, 2023 for an additional 60 day period; and, 5. Receive and file report of the project activity in the Portuguese Bend Landslide Complex related to the local emergency declaration established by Resolution No. 2023-47 adopted on October 3, 2023. FISCAL IMPACT: Unknown. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Amy Seeraty, Senior Planner Katie Lozano, Senior Analyst Jesse Villapando, Senior Analyst REVIEWED BY: Elena Gerli, Assistant City Attorney Brandy Forbes, AICP, Director of Community Development Ramzi Awwad, Director of Public Works 1 'C,~ ~ 'f "' CITY OF 'P73 _2oi~ RANCHO PALOS VERDES APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Interim Urgency Ordinance No. ___U extending the prohibition on new construction within the greater Portuguese Bend Landslide Complex until October 2, 2024 with Exhibits (Page A-1) B. Resolution No. 2023-__ extending the Local Emergency Declaration (Page B-1) – forthcoming as late correspondence. C. 10-day Report on Interim Urgency Ordinance No.674U (Page C-1) D. Resolution No. 2023-47 declaring a state of local emergency within the greater Portuguese Bend Landslide Complex, adopted October 3, 2023 (Page D-1) E. Interim Urgency Ordinance No. 674U prohibiting new construction within the greater Portuguese Bend Landslide Complex, adopted October 3, 2023 (Page E- 1) F. Map of the greater Portuguese Bend Landslide Complex including ACLAD and KCLAD boundary limits (Page F-1) G. Water restriction notice mailed to property owners in the Landslide Complex (Page G-1) H. Landslide GPS Monitoring Point Locations (Page H-1) I. Comments from public related to public hearing notice (Page I-1) BACKGROUND: On September 19, 2023, the City Council received a presentation from Cal Water and Southern California Gas Company on their responsiveness to recurring breaks in their respective systems and their proposed short- and long-term mitigation efforts to minimize impacts to land movement that has increased in recent months. At that meeting, numerous residents provided public testimony regarding accelerating land movement within the Portuguese Bend, Abalone Cove, and Klondike Canyon Landslides (Greater Portuguese Bend Landslide Complex) characterizing the same as requiring an immediate response. Many residents testified that in the Portuguese Bend Community, Seaview, and Portuguese Beach Club neighborhoods, they believe that recent water line breaks or leaks have resulted in significant land movement which were characterized as resulting in an emergency requiring immediate remediation or mitigation work. Councilmember Alegria suggested it might be time to for the City Council to consider declaring a state of emergency based on the accelerated rate of land movement in Greater Portuguese Bend Landslide Complex (Landslide Complex) in the recent past and particularly since May of this year. In response, the City Council directed Staff and the City Attorney to provide a report to the community on the authority of the City to declare a state of local emergency and to further consider under which circumstances the California Environmental Quality Act (CEQA) will permit emergency action to address this land movement. On October 3, 2023, City Council conducted a discussion item regarding the circumstances of the landslide areas. After considering information presented that evening, including public testimony, the City Council unanimously adopted Resolution No. 2 2023-47 declaring the existence of a local emergency within the geographic boundaries of the Landslide Complex and adopted Urgency Ordinance No. 674U, an interim urgency ordinance to establish a temporary 45 -day moratorium on the acceptance or processing of applications, issuance of permits, and construction of all structures within the Landslide Complex. At the October 3 meeting, the City Council also requested Staff return in a few weeks with an update on immediate measures being taken to address the accelerated land movement. This evening, the City Council, among other action items, will receive a status report on the measures underway by the various responsible entities. DISCUSSION: Receive and File 10-Day Report on the Interim Urgency Ordinance As an urgent action, Interim Urgency Ordinance No. 674U was adopted by the City Council on October 3, 2023 for a 45-day timeframe. Per Government Code § 65858, after notice pursuant to Section 65090 and a public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one additional year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted. Ten days prior to the expiration of that interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. Attached is said written report (Attachment C). The report was issued on November 7, 2023, ten days prior to the expiration of Interim Urgency Ordinance 674U. The City Council is being asked to receive and file the attached 10-day report. Extension of Interim Urgency Ordinance The Council-adopted Interim Urgency Ordinance No. 674U is set to expire on November 17, 2023 unless extended. Due to the on-going accelerated land movement and the anticipated El Nino winter forecast, the City Council is being asked to extend the interim urgency ordinance to continue the building moratorium for an additional 10 months and 15 days through October 2, 2024. Government Code requires the City refrain from enforcing the ordinance until it has been submitted to, and approved by, the California Department of Housing and Community Development (HCD). Government Code § 66300(b)(1) provides that “with respect to land where housing is an allowable use, . . . an affected city shall not enact a development policy, standard, or condition that would have [the effect of . . .] imposing a moratorium or similar restriction or limitation on housing development, including mixed-use development, within all or a portion of the jurisdiction of the affected . . . city, other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area subject to the moratorium”. The statute further provides that the City may not enforce such a moratorium on housing until the ordinance has been submitted to, and the City has received approval from HCD. 3 The City submitted the urgency ordinance to HCD on October 5, 2023. The ordinance did go into immediate effect for non-housing related projects, while the City awaited HCD’s review. On November 6, 2023, the City received HCD’s written approval of Ordinance No. 674U, including any extensions thereof as permitted by Government Code Section 65858. HCD’s letter is attached to the ordinance extension as Exhibit “J” (Attachment A). In response to the building moratorium, the City has received public correspondence requesting that the urgency ordinance not apply across the entire boundary limits of the Landslide Complex because the rate of movement varies upon the geographic location (Attachment I). At this time, Staff believes it is premature to lessen the applicability of the interim building moratorium as the City is still assessing and monitoring the breadth and scope of the land movement. However, the building moratorium includes a provision (Section 2(D)) that allows the City Manager to exempt certain projects, on a case-by-case basis, that is to be ratified by the City Council at its next regular scheduled meeting. For this reason, Staff recommends that the City Council adopt the attached Interim Urgency Ordinance extending the building moratorium until October 2, 2024 (Attachment A). Ratification of Exceptions to Moratorium The building moratorium implemented by Ordinance No. 674U states that no application for permit will be accepted, no consideration of any application for any permit will be made, and no permit will be issued by the City for any construction on any property within the Landslide Complex until this Ordinance has expired or has been repealed according to applicable law. This Moratorium also applies to any pending applications, and any permits or entitlements that have been issued, and construction not commenced (e.g., it does not apply to projects that are currently under construction.) For the purpose of the moratorium, “Permit” means any City planning land use approvals, and any building, grading, plumbing, electrical, or mechanical permit, whether the approval or issuance is discretionary or ministerial. The City has notified applicants of pending or potential applications regarding the enacted moratorium on properties within the Landslide Complex. Specifically, City Staff sent letters informing these applicants that the City has temporarily suspended proc essing applications of development projects that are not already under construction. For those applicants who have already received an approval but have not started construction, those approvals have been put on hold so that they will not expire during the moratorium period. The exception categories are described in Section 2 of Ordinance No. 674U as follows: A. Construction necessary for repair or maintenance of existing structures, roadways, and any infrastructure such as water lines, sewer lines, electrical or traffic installations, etc. B. Construction necessary for the implementation, establishment, repair, or maintenance of any landslide mitigation measures. 4 C. Construction necessary for the immediate preservation of the public health and safety. D. Construction that the City Manager deems necessary and consistent with the purposes of this interim urgency ordinance. Any such exception shall require written findings by the City Manager, and must be ratified by the City Council at the regular meeting following the City Manager’s determination. Specifically, the City Manager has determined that there are two projects to which Category “D” applies, and therefore require ratification by the City Council. These proposed projects involve primarily operational details, and are described in further de tail below Table No. 1, which lists the pertinent project and property information. Table No. 1 – Proposed Exceptions to Current Moratorium Address Parcel Number Case Number Applicant Project Name(s) Landslide Zone 6001 Palos Verdes Drive South 7572-012- 031 PLCU2021- 0007 York Point View Properties, LLC Compliance Review of the Point View Master Use Plan Conditional Use Permit (CUP); Revise Conditions of Approval 1 50 Narcissa Drive 7572-013- 002 PLDC2023- 0002 Ride-To -Fly Therapeutic Riding Conditional Large Domestic Animal Permit (CLDAP) Renewal 2 a. Point View Property – The City Manager is requesting that the City Council ratify an exception to the aforementioned Interim Urgency Ordinance No. 674U to allow the ninth annual Compliance Review of the Point View Master Use Plan Conditional Use Permit to proceed, as the compliance review is an administrative process with no physical impact on the landslide. The City Manager is also requesting that the York Point View property also be allowed to proceed with several proposed revisions to their Conditional Use Permit, which inclu de revisions related to existing on-site uses, agricultural best management practices, soil moisture monitoring, and administrative and ministerial actions. The residential component of the application would not fall under the exception category and would still be subject to the moratorium. b. Ride-to-Fly CLDAP – The City Manager is requesting that the City Council ratify an exception to the aforementioned Interim Urgency Ordinance No. 674U to allow renewal of the CLDAP for the Ride-To-Fly Therapeutic Riding program, as the renewal would simply allow the program to continue at its existing location, which is already improved with several equestrian structures. The renewal is to extend the operation with no physical impact on the landslide. 5 If deemed acceptable, per Ordinance No. 674U, the City Council must ratify these exceptions at the regular meeting following the City Manager’s determination. Additionally, it should be noted that Staff had processed a remedial grading permit earlier this year for a stream bed restoration project in an area of the Altamira Canyon Creek. The City Geologist (Cotton, Shires and Associates, Inc.) has stated that the proposed project appears to comply with the exception to the moratorium defined in Section 2 C. of Ordinance No. 674U, and therefore may proceed. This does not require City Council to ratify. Extension of the Local Emergency Declaration To proceed expeditiously with solutions to the land movement, particularly in anticipation of heavy rains as part of an El Niño winter, the City Council declared a local emergency on October 3, 2023 and asked staff to return with an update on the progress on the implementation of immediate measures. The emergency declaration is deemed to continue to exist until its termination is proclaimed by the City Council in accordance with law. Government Code § 8630 requires the City Council to review of the need for continuing the local emergency at least once every 60 days until the City Council determines the local emergency within the geographic boundaries of the Landslide Complex has been a bated or mitigated to insignificance. At this time, the City Council is being asked to extend the local emergency decla ration an additional 60 days, which does not require a public hearing but has been included with the public hearing for the urgency ordinance since the matters are related to the same topic. It should be noted that due to the upcoming holiday break and the anticipated cancellation of the first meeting January 2024, staff will bring back a continuation request of the local emergency declaration at the December 19, 2023 meeting, which is slightly earlier than 60 days. The City Council is being asked to adopt Resolution No. 2023 -__ thereby extending the Declaration of Local Emergency by 60 days (Attachment B). Project Activity in the Portuguese Bend Landslide Complex To respond to the increased movement, Staff formed a working group that meets weekly (virtually) every Wednesday at 3:00pm and posts meeting minutes to the City’s website. The purpose of the working group is to develop and implement actions to minimize land movement and its impact on private property as well as public infrastructure. Although many of the measures are the responsibility of other parties, the City is proactive ly supporting and facilitating various measures. The working group is comprised of the following: • Abalone Cove and Klondike Canyon Landslide Abatement Districts (ACLAD and KCLAD) and their geologist; • California Water Service (Cal Water) • Southern California Gas Company (SoCalGas) • Southern California Edison (SCE) • Seaview Residential Association • Portuguese Bend Community Association 6 • Portuguese Beach Club Homeowners Association • Los Angeles County Public Works Sanitary Sewer Maintenance (LACPW) • Los Angeles County Sanitation Districts (LACSD) • City of Rolling Hills • Rolling Hills Community Association • Area residents • Staff and consultant program manager, geologists, and civil engineers. Table 2 on the following page shows a summary of key activities and measures since the emergency declaration. Table No. 2 – Report on Activity to Abate or Mitigate Landslide Movement Activity Responsible Entity Current Status Estimated Completion Conduct GPS Surveys of Landslide Movement City • 12 new monitoring points installed to fill gaps in landslide monitoring (locations shown in Attachment H) • GPS surveying of all monitoring points conducted in October, draft report prepared and being reviewed • Staff may seek future Council authorization for additional monitoring points. Ongoing Fill Cracks in Seaview Neighborhood to Minimize Water Infiltration City • Crack filling repairs regularly performed and continue to be scheduled. Nov 10 & Ongoing Install Guardrail to Protect Above-Ground Sewer Trunk Lines on Palos Verdes Drive South LACSD • Los Angeles County Sanitation District guardrail plans under review by City. December 2023 Inspect and Repair Underground Sewer Lines in the Seaview Neighborhood LACPW: Mains Homeowners: Laterals • Repairs to sewer mains under Admirable Dr are complete. • Sewer lines under Exultant Dr and Dauntless Dr inspected; no leaks or damage. • Sewer lateral (home to sewer) inspections being scheduled at some locations by homeowners. Ongoing Repair Leaning SCE Power Poles SCE • Power lines in Preserve deactivated. • Coordination with SCE and other utilities ongoing for repair date. • Includes power poles in residential neighborhoods Ongoing Relocate Water Main Temporarily Above Ground at Select Locations on Dauntless Dr, Admirable Dr, and Exultant Dr Cal Water • Plans prepared and vetted with Working Group and area residents. • Neighborhood Meeting occurred on November 1, 2023. • Materials have been ordered and construction is being scheduled. December 2023 7 Activity Responsible Entity Current Status Estimated Completion Install Water Leak Detection Equipment Cal Water • 65 leak detection sensors have been installed at various locations. • 6 pressure monitors have been installed. • Field technicians are still performing daily leak detection surveys, including in Rolling Hills (Flying Triangle). • Water repair technician deployed in Seaview 24/7 – respond to water leaks within Landslide Complex including Preserve and PBCA • Cal Water indicated that detection equipment successfully detected recent leaks. Ongoing Repair Klondike Canyon Culvert and Pipe KCLAD & City • Video inspection of culvert and pipe complete- no leaks detected. • Pipe cleaning being scheduled. TBD Seaview Dewatering Well(s) KCLAD • Specifications for dewatering well in public-right-of-way between 4362 Dauntless Dr and 4380 Dauntless prepared. • City reviewed and provided comments. • Bids being solicited and contractor selected. Nov 2023 Maintenance of Existing Dewatering Wells ACLAD & KCLAD • Regular well maintenance and repairs being performed. • ACLAD: 150,000 gallons per day pumped in October. Ongoing Reactivation of City Dewatering Wells South of PVDS ACLAD • Bid received and contract awarded. • Contract award in process. • City Council’s additional funding requested on November 14. December 2023 PVDS Culvert Repair at Altamira Canyon ACLAD & City • Specifications prepared and reviewed by City. • City Council authorization requested on Nov 14. December 2023 Altamira Canyon Improvements to Prevent Water Infiltration Into Landslide ACLAD • Draft report prepared and under review by City. • ACLAD and City Staff met with Supervisor Janice Hahn, LACPW Director Mark Pestrella, and Flood Control District staff. TBD Gas Line Enhancements in Portuguese Bend Community SoCalGas • Gas lines being reviewed and plans for enhancements, including above-ground lines, being prepared. TBD Filling Fissures in Preserve City • Fissures being filled using local soil in Preserve areas approved by City geologists. Ongoing Portuguese Bend Landslide Remediation Project City • Preparing for survey work needed to complete final engineering and final environmental impact report scope of work. October 2025 Additionally, Staff have met with the Los Angeles County Public Works Director and his 8 staff as well as the Los Angeles County Flood Control District staff to discuss any assistance that can be provided. Further meetings and discussions are being planned. Staff is also considering some short-term measures that would include work within the footprint of the City’s Portuguese Bend Landslide Remediation Project, for which the City was recently selected as a grant recipient from Federal Emergency Management Agency (FEMA) in the amount of $23.33 million. According to the terms of the grant, proceeding with any work within the footprint of the project is prohibited until final approvals are issued by FEMA. Staff is continuing discussions with Cal OES and FEMA on any possible way to implement routine maintenance and immediate measures within the project footprint to minimize land movement from impacting public and private property including roads and utilities without jeopardizing the grant. Additionally, the City issued a Mandatory Water Restrictions Notice to the property owners within the bounds of the Landslide Complex. This included a clarifying cover letter noting that these restrictions are geared toward residential uses and explaining what level of hand watering would be allowed. The notice and cover letter are attached to this staff report (Attachment G). On October 27, 2023, a meeting convened between City Manager Ara Mihranian, Emergency Services Coordinator Jesse Villalpando, and Disaster Management Area Coordinator (DMAC) Brandy Villanueva. The DMAC position, with origins in the Civil Defense program from World War II, has evolved to address the management of responses to natural disasters and other emergency situations. This session proved to be highly productive, with thorough discussions on essential topics such as providing ai d to residents in emergencies, critical elements of emergency contingency planning, and strategies for effective resource management in collaboration with relevant state and county authorities. The collective efforts at this meeting resulted in a multifaceted strategy to safeguard the community and manage resources effectively. City staff, is spearheading strategic contingency planning with utility companies to ensure the resilience of infrastructure, incorporating essential updates to the Working Group, and seeking information on property tax relief from the LA County Assessor's Office to support residents financially. These efforts are crucial in maintaining the continuity of essential services and providing economic relief, thereby establishing a robust foundation for the City's recovery initiatives. Contingency planning efforts are intended to position the City to respond efficiently and effectively if matters progressively intensify. DMAC Brandy Villanueva is diligently working to secure potential reimbursements for expenses related to emergencies. She is liaising with the LA County OEM Recovery Team to investigate the various funding and assistance options made available under the federal declaration for the California Severe Winter Storms (DR-4699-CA) disaster. Her role involves identifying and applying for federal aid programs that could offer financial relief to both the city, ACLAD, KCLAD, and its residents. DMAC Brandy Villanueva is also engaging with the CALOES Recovery Team alongside Emergency Services Coordinator Villalpando to evaluate the suitability of various funding avenues and to manage the intricacies of the California Disaster Assistance Act (CDAA) reimbursement process. Importantly, she is tasked with confirming the eligibility of emergency expenses for Special Districts, including the City's Geological Hazard 9 Abatement Districts (GHADs), under the City of Rancho Palos Verdes Declaration. Brandy's proactive measures are focused on maximizing the recovery of the City's emergency expenditures. Furthermore, she has been asked to provide City staff with information on essential resources for residents that may be potentially displaced by the geological emergency. Based on the above, the City Council is being asked to receive and file a report of the project activity in the Portuguese Bend Landslide Complex ADDITIONAL INFORMATION: Public Notice Public hearing notice was published in the Palos Verdes Peninsula News on October 26, 2023. Notices were also mailed on October 25, 2023 to the residents within the greater Portuguese Bend Landslide Complex. Information about the public hearing was distributed through the City’s Listserv and posted on the City’s website. In response to the public notice, the City has received comments from concerned residents that vary from supporting the ongoing efforts, to extend the building moratorium and the local emergency declaration, to scaling back the building moratorium as discussed in the body of this staff report (Attachment H). Emergency Exceptions to the Requirements of CEQA CEQA exempts specific actions necessary to prevent or mitigate an emergency. Pub. Res. Code § 21080(b)(4); 14 Cal. Code Regs. § 15269(c). Under Pub. Res. Code § 21060.3, an emergency is a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. "Emergency" is defined to include occurrences such as fire, flood, earthquake, landslide, riot, accident, or sabotage. Pub. Res. Code § 21060.3. This exemption has therefore been limited in the CEQA Guidelines and in case law to events that involve clear and immediate danger and demand immediate action. It does not extend to correction of a hazardous ongoing condition when immediate action in response to imminent danger from a specific event is not involved, even if corrections might prevent significant harm. Western Mun. Water Dist. v Superior Court (1986) 187 CL.App.3d 1104, 1111 (plan to reduce groundwater levels to prevent liquefaction in event of earthquake not exempt from CEQA, because no substantial evidence of emergency); Castaic Lake Water Agency v City of Santa Clarita (1995) 41 Cal.App.4th 1257 (adoption of community recovery plan not exempt from CEQA because plan focused predominantly on economic development rather than repair of earthquake-damaged property). See also Los Osos Valley Ass'n v City of San Luis Obispo (1994) 30 Cal.App.4th 1670, 1682. Based on this case law, the Guidelines specify that this exemption does not include long- term projects to prevent or mitigate a situation that has a low probability of occurring in the short term. 14 Cal. Code Regs. § 15269(c). The fact that a condition has existed for some time, however, does not defeat the use of the emergency exemption if immediate action is required. CalBeach Advocates v City of Solana 10 Beach (2002) 103 Cal.App.4th 529 (emergency exemption properly applied to seawall permit when seawall was necessary to prevent collapse of bluff on which homes were located, even though bluff fracture began to occur months before). The exclusion for projects that would address a situation that has a low probability of occurring in the short term does not apply if the expected time to conduct CEQA review would create a risk to public health, safety, or welfare, or if activities such as risk mitigation or facility integrity improvements are proposed in response to an emergency at a similar existing facility. 14 Cal. Code Regs. § 15269(c) CEQA includes a separate exemption for emergency repairs to public service facilities necessary to maintain service. Pub. Res. Code § 21080(b)(2). Under 14 Cal. Code Regs. § 15269(b), this exemption applies to repairs to publicly or privately owned facilities necessary to maintain service essential to the public health, safety, or welfare, including repairs that require a reasonable amount of planning in order to address an anticipated emergency. As previous reported, Public Resources Code § 26601 specifies that improvements undertaken under the geologic hazard abatement law, and all activities in furtherance of such improvements, are exempt from CEQA as specific actions to prevent or mitigate an emergency under Pub. Res. Code § 21080(b)(4). County of Ventura v City of Moorpark (2018) 24 Cal.App.5th 377 (upholding beach restoration project by geologic hazard abatement district as exempt under this section). The following emergency projects have been deemed exempt from the requirements of CEQA: • Projects to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act. This includes projects that will remove, destroy, or significantly alter an historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 5028 (b) of Public Resources Code. • Emergency repairs to publicly or privately-owned service facilities necessary to maintain service essential to the public health, safety or welfare. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. • Specific actions necessary to prevent or mitigate an emergency. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long -term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. 11 CONCLUSION: Based on the above discussion, the City Council is being asked to, among other things, extend the building moratorium to October 2, 2024, extend the local emergency declaration for an additional 60 days, and receive and file the list of activities and measures responding to the accelerated land movement. ALTERNATIVES: In addition to Staff’s discussed option, the following alternative actions are available for the City Council’s consideration: 1. Take no action and simply receive and file this report. 2. Take such other action as the Council deems appropriate. 12 01203.0023/935568.1 ORDINANCE NO. ____U AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, EXTENDING THE MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS, ISSUANCE OF PERMITS, AND CONSTRUCTION OF ALL STRUCTURES WITHIN THE PORTUGUESE BEND LANDSLIDE COMPLEX ADOPTED BY ORDINANCE 647U FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, EXPIRING OCTOBER 2, 2024 WHEREAS, on October 3, 2023, by a four-fifths vote the City Council adopted Ordinance No. 647U, establishing a temporary 45 -day moratorium on the acceptance or processing of applications, issuance of permits, and construction of all structures within the Portuguese Bend Landslide Complex, and with this Interim Urgency Ordinance wishes to extend such a moratorium for an additional 10 months and 15 days, for the reasons articulated below. WHEREAS, the City of Rancho Palos Verdes is affected by three large active Landslide Complexes: the Portuguese Bend Landslide (the PBL), the Abalone Cove Landslide (the ACL), and the Klondike Canyon Landslide (the KCL), also known as the Greater Portuguese Bend Landslide Complex, or Landslide Complex. The landslides have been active since the 1950s to 1970s, and are depicted in Exhibit “A”. WHEREAS, in September 1978, the City Council adopted Urgency Ordinance No. 108U, which established the Landslide Moratorium Area (LMA), which includes the Landslide Complex. Since 1978, development activity has been circumscribed within the LMA. in February 1981, the City Council adopted Ordinance No. 139U, which added the area known as Klondike Canyon to the LMA. The specific restrictions imposed within the LMA are described in the City’s Landslide Moratorium Ordinance, codified as Chapter 15.20 of the Rancho Palos Verdes Municipal Code. The LMA is contiguous with Landslide Complex depicted in Exhibit “A”. WHEREAS, the LMA is divided into zones 1 through 8. Zones 7 and 8 are owned by the City and part of the Palos Verdes Nature Preserve. Some of the zones have been subject to landslides in the past, and were relatively stable until the recent past. Zone 6 has been sliding towards the ocean since the 1950s, some homes having moved as much as 450 feet from their original location. Zone 6 moves much faster, though not at a consistent speed throughout, with the most active part of the Zone 6 moving up to 8 feet a year. The landslide zones are depicted in Exhibit “B”. WHEREAS, development within the LMA is permitted as follows: (i) P roperties in the LMA that are currently developed with residential structures are permitted to make limited improvements if the City grants a Landslide Moratorium Exception (LME) permit (RPVMC § 15.20.020). (ii) Certain properties within Zone 2 of the LMA (the 16 Monks 01203.0023/935568.1 properties and 31 non-Monks properties) may develop their properties if granted a LME permit (RPVMC § 15.20.040.P). (iii) Construction on properties in the LMA that were not previously developed with residential structures is not permitted unless a Moratorium Exclusion (ME) Permit is granted (RPVMC § 15.20.100). (iv) RPVMC Section 15.20.120 provides a mechanism for a property owner to apply to have the moratorium’s boundaries adjusted “to accurately reflect geologic conditions that are present on the property that is the subject of the application….” WHEREAS, in the recent past, and especially since May of 2023, the land movement in the Landslide Complex has increased significantly, most notably in the PBL and KCL. WHEREAS, the KCL moved on average by 0.5” per year between 2007 and 2018; the rate of movement increased between 2018 and 2022 to 1”-2” (and as much as 4”); and in 2022-2023, the rate of movement increased dramatically by up to ~30+” in some places, and more typically by ~10-14” in others. See Exhibit “C”. WHEREAS, a report regarding the PBL from McGee Surveying Consulting dated October 19, 2022 and revised June 6, 2023 concluded “In the last seven months the movement velocities have accelerated over the average velocity for the previous four years which saw an acceleration over the previous 15-20 years…. Velocities were stable prior to 2018. After the Fall of 2018 they increased about 3 to 6 fold at most points and remained stable to the Fall of 2022. In the last seven months since the Fall of 2022 the velocities generally have doubled more or less.” A further McGee Surveying Report dated August 6, 2023, concluded, regarding KCL and ACL, that the rate of land movement in the “2014-2018 period is generally representative of previous years back to 2007. In the last two months the movement velocities have accelerated over the previous seven - month period between October 10, 2022 to May 12, 2023. In that seven -month period the average velocities had accelerated over the previous four-year average which saw an acceleration over the previous 8 or more years. A monitoring year is 12 months beginning and ending about the beginning of the rainy season on October 1.” The August 6, 2023 report includes a chart with the “measured movements for a sample of monitoring points for the indicated periods with a projection for the full year of October 10, 2022 to October 2023 based on actual measurements for the period October 10, 2022 to July 15 , 2023.” See Exhibit “D” for the October 19, 2022 and August 6, 2023 reports. WHEREAS, since the adoption of Interim Urgency Ordinance 647U, the City has received a Preliminary 10/30/23 Draft Survey Report of the Portuguese Bend Oct. 2022- Oct. 2023-May 2024 Land Movement Monitoring Surveys from McGee Surveying, further demonstrating the acceleration of the land movement. The report is incomplete, as it is ultimately intended to span a period of time ending in May 2024, after the current rainy season. McGee states: “The rate of movement (velocities) of the landslides have increased over the past five years compared to the previous 12-year average. A notable increase in the velocities of the landslides were observed between the October 2022 and May 2023, with additional increases in velocities observed between May and July and again between July and the October 2023 survey. Further, “[t]he table [on page 8 of the report] shows a sample of points within the Abalone Cove, Klondike Canyon and 01203.0023/935568.1 Portuguese Bend Landslides. … The annual [table shows that the] rate of movement for the sample averages for each landslide increased 6, 8 and 5 times respectively in the last 12 months.” The report has been added to Exhibit “D”. WHEREAS, McGee Surveying has provided a graphic (PBCA Land Movement History) that shows the land movement history at several monitoring points within the PBL, spanning the period of September 2014 through October 10, 2023, which shows increased land movement starting in 2019, with a sharp increase since 2022 to the present. The graphic has been added to Exhibit “D”. WHEREAS, recent increased land movement has already caused 2 homes in the KCL to be “red-tagged” and the building official is closely monitoring several others. The homes are located at 4332 Dauntless and 4361 Exultant. See Exhibit “E”. In July, a dozen homes in Rolling Hills Estates were destroyed because of land movement, and experts believe the entire Palos Verdes Peninsula is an area of concern [see https://www.youtube.com/watch?v=WA3mwOISKjY]. The landslide in Rolling Hills Estates was likely caused by the increased rain this past winter or by a broken water main. WHEREAS, based on readings at 2 water pump locations in KCL, the water table has risen quickly and dramatically from December 2022 to today from 91.4’ below the surface to 5.2’ at Location 2, and 97.5’ to 8.7’ at Location 3. See Exhibit “I.” WHEREAS, a draft report from Cotton, Shires and Associates, Inc. “provide[s] a preliminary geotechnical assessment of recent land movement within the Portuguese Bend Reserve … with a specific focus on the impacts of land movement to the Burma Road Trail.” Per the report, “[s]ome areas of the Reserve are now experiencing significant land movement and ground surface manifestation that is beyond the limits of the historically active and previously mapped Portuguese Bend Landslide, resulting in damage to trails and fire roads which provide access for public safety, utilities, maintenance, conservation, and public recreation.” WHEREAS, the Cotton Shires and Associates, Inc. report cites to the October 19, 2023/June 6, 2023 McGee Survey Consulting report (“Velocities were stable prior to 2018. After the Fall of 2018 they increased about 3 to 6 fold at most points and remained stable to the Fall of 2022. In the last seven months since the Fall of 2022 the velocities generally have doubled more or less.”) and states: “[t]his is a significant and important observation from the surveyor and comports with the past several years of field observations by CSA staff of roadway distress and trail distress within the PBR, as well as reports of street distress, building distress and utility line breaks throughout the various known landslide areas. We have prepared several graphics based upon our own analysis of the GPS survey monitoring data to further illustrate what is happening with the landslide ground movement. Figure 2 (attached) depicts horizontal displacements (in feet) and ground displacement vectors, for 12 selected GPS survey monuments mostly located in the mid and upper Ancient Portuguese Bend Landslide Complex. These figures are based upon McGee’s GPS monitoring of the survey monuments from October 2018 to May 2023 (with the exception of two monuments which were last read in October 2022, PB18 and 01203.0023/935568.1 AB71). Four of these monuments were also read in mid-July, 2023 and those movement data are also presented. Two of the monuments, CR07 and FT06 are located on Burma Road outside of the Portuguese Bend Landslide and indicate 1.67 feet and 3.09 feet of horizontal displacement over the ~4.5- year period. The CR07 point moved an additional 0.42 feet in two months (through July 15, 2023), which translates to ground movement velocity of about 2.5 feet per year. Most of the other points on this figure are in the Ancient Portuguese Bend Landslide Complex (and mostly in LMA Zone 2) and are indicating total displacements of approximately 1 to 3 feet (or average velocities of about 0.22 to 0.67 feet/year across the ~4.5-year period). Several of these points in LMA Zone 2 that were also monitored in July, 2023 showed continued acceleration from May to July 2023, with calculated velocities of ~1.25 feet/year at AB67 to ~3.9 feet/year at AB53. These are extraordinary rates of landslide movement that, to our knowledge, have not been previously documented in the LMA Zone 2 area.” (Underlining added.) WHEREAS, the Cotton Shires and Associates, Inc. report concludes, “Landslide movements throughout the Ancient Portuguese Bend Landslide Complex outside of the historical boundary of the Portuguese Bend Landslide previously exhibited relatively low rates of creep movement in the 11 -year monitoring period of 2007-2018 for which we have readily available data. Beginning in late 2018, and through the present, the survey data indicate a significant acceleration of landslide movement. The movement of the Portuguese Bend Landslide also accelerated in this timeframe. The cumulative displacements over this time have now manifested as headward enlargement of the Portuguese Bend Landslide as well as new active landslide masses forming northwest of the Portuguese Bend Landslide crown in Landslide Moratorium Area Zone 1, upslope from LMA Zone 2.” The draft report is attached as Exhibit “F”. WHEREAS, due to increased land movement, the Landslide Complex has seen an increase in water main breaks. Starting in 2016, the following water main breaks occurred and had to be fixed urgently by CalWater. The exact location varies, as the break may have occurred along different sections of the pipe, but broken down by trail name, the breaks occurred on the following dates: • Gary's Gulch Trail: August 29, 2023. • Vanderlip Trail: October 2020; November 25, 2021; April 24, 2023; April 25, 2023; June 14, 2023; September 16, 2023 (see photos, Exhibit “G”). • Burma Road Trail: July 2016; October 2021; March 2022; November 2022 (two separate breaks); February 2023; March 2023; August 16, 2023 (see photos, Exhibit “G”); August 18 and 21, 2023 (see photos, Exhibit “G”); September 5, 2023; September 28, 2023 (see photos, Exhibit “G”). • Conqueror Trail: June 2018; May 20, 2023; August 16, 2023. • Barn Owl Trail: September 5, 2023. WHEREAS, on September 29, 2023, the City closed the intersection of Dauntless and Exultant for the foreseeable future due to recent land slide-related subsidence. Additionally, effective September 29, 2023, Cal Water will have 24/7 personnel on site in 01203.0023/935568.1 the Seaview neighborhood of the KCL to respond immediately to any broken water main lines. Lomita Station deputies have increased their patrol of the neighborhood particularly in the area of the red-tagged homes. WHEREAS, the City has established, via repeated geologic studies, that a significant factor in the speed of land movement in the Districts is the amount of water in the soil. ACLAD, for example, has installed a number of dewatering wells within its boundaries to mitigate the land movement. WHEREAS, the 2022-2023 rainy season brought exceptional amounts of rain to the region. The 2022-2023 rainy season dumped over 200 percent of the average annual rainfall in the region [source: http://www.ladpw.org/wrd/precip/alert_rain/season_raindata.cfm?id=2570300] with the region experiencing about 26 inches of rain including 3.4 inches from Tropical Storm Hilary on August 20-21, 2023. As a result of the increased amount of rain, all the Landslide Complexes in all the Districts have been subject to an alarming increase in land movement. Additionally, there is a strong likelihood that El Niño will bring another wet winter in 2023-2024, [see https://ktla.com/weather/historically-strong-el-nino-possible- what-it-means-for-winter/; https://patch.com/california/palosverdes/wet-el-nio-ahead- brings-concerns-palos-verdes-landslide-complex?utm_term=article-slot- 1&utm_source=newsletter- daily&utm_medium=email&utm_campaign=newsletter&user_email=10970c30f10d3992 86140af9d05d399c34c897422c415a4087d6e1cfd9df1c29;https://www.kget.com/weathe r/weather-headlines/noaa-releases-2023-2024-winter- predictions/?utm_campaign=socialflow&utm_medium=referral&utm_source=facebook.c om&mibextid=Zxz2cZ ], which, if it brings the anticipated rainfall, will exacerbate the landslide. WHEREAS, in response to an increase in public inquiries and concerns regarding the water main breaks, damage to homes, and accelerating land movement raised at the September 19, 2013 City Council meeting, the City has created a dedicated homepage on the City’s website to the landslide, as well as an email address (landmovement@rpvca.gov). City Staff is forming a Working Group, to meet on a weekly basis or as needed, that will have the following representatives: • City of Rancho Palos Verdes: Ara Mihranian, City Manager; Ramzi Awwad, Director of Public Works. • Other stakeholders: Seaview HOA; Portuguese Bend Beach Club HOA; Klondike Canyon Landslide Hazard Abatement District Board; Abalone Cove Landslide Hazard Abatement District Board; Portuguese Bend HOA; Cal Water; So Cal Gas; Southern California Edison; Los Angeles County Public Works Sanitary Sewer Maintenance and Operations; Los Angeles County Sanitation District. The meetings’ purposes were: • Prevent utility leaks from exacerbating landslide movement 01203.0023/935568.1 • Prevent utility damage from impacting the natural and built environment • Formulate and implement solutions to landslide movement • Coordinate among all stakeholders • Provide regular updates to the public WHEREAS, the City has been receiving a growing number of comments expressing concern regarding the accelerating land movements, from homeowners in the Landslide Complex, and from other concerned citizens. WHEREAS, Government Code Section 65858 expressly authorizes the City Council to adopt an Interim Urgency Ordinance for the immediate preservation of the public peace, health, or safety, if the ordinance is approved by four-fifths of the City Council. WHEREAS, in 2005, the City Council of the City of Rancho Palos Verdes adopted Interim Urgency Ordinance No. 427U, which halted construction and the issuance of permits on a portion of the Klondike Canyon Landslide, based on increased movement following an unusually wet winter. The moratorium was extended by Interim Urgency Ordinance Nos. 439U, and repealed by Ordinance No. 469U, and its non-urgency version, Ordinance No. 526. The City Council adopted amendments to Chapter 15.20 at that time. WHEREAS, Section 65858(f) provides that “…upon termination of a prior interim ordinance, the legislative body may adopt another interim ordinance pursuant to this section provided that the new interim ordinance is adopted to protect the public safety, health, and welfare from an event, occurrence, or set of circumstances different from the event, occurrence, or set of circumstances that led to the adoption of the prior interim ordinance.” WHEREAS, the City Council finds that the increase in land movement activity in the Landslide Complex is of great concern to the residents within the Districts, to the City, and to the Palos Verdes Peninsula as a whole , and presents an imminent threat to the public health and safety. The City Council further finds that the circumstances today are different from the circumstances that prompted the 2005 moratorium. Here, the increased precipitation has contributed to increased movement in all of the Landslide Complex. Therefore, is broader in scope and encompasses all of the City’s Landslide Complex. WHEREAS, land movement has increased even more during the week of September 25,2023, particularly in the Seaview neighborhood of the KCL; Cal Water has agreed to have a representative present in the area at all times to address water main breaks immediately. Additionally, it has come to the City’s attention that a number of residents have pools that are leaking water into the ground, likely due to cracking because of earth movement. The City Manager has made a request of the Klondike Canyon, Portuguese Bend, and Seaview communities to cease watering and to not refill swimming pools that are losing water. See Exhibit “H”. 01203.0023/935568.1 WHEREAS, the City Council finds that pending mitigation and stabilization of the land movement, as further articulated under Section 5, below: (1) The approval of the development of housing development projects, as defined in Section 65905.5 of the Government Code would have a specific, adverse impact upon the public health or safety. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date that the ordinance is adopted by the legislative body. (2) The interim ordinance is necessary to mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1). (3) There is no feasible alternative to satisfactorily mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1) as well or better, with a less burdensome or restrictive effect, than the adoption of the proposed interim ordinance. WHEREAS, Section 66300(b)(1) of the Government Code provides that “with respect to land where housing is an allowable use, … an affected city shall not enact a development policy, standard, or condition that would have [the effect of…i]mposing a moratorium or similar restriction or limitation on housing development, including mixed - use development, within all or a portion of the jurisdiction of the affected … city, other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area subject to the moratorium ….” The statute further provides that the City may not enforce such a moratorium on housing until the ordinance has been submitted to, and the City has received approval from , the Department of Housing and Community Development (HCD). WHEREAS, on November 6, 2023, HCD approved the moratorium on construction within the Greater Portuguese Bend Landslide Complex for the entirety of the 24 months allowed by Government Code 65858, were the City to extend it for that period of time. In a letter to Brandy Forbes, Director of the City’s Community Development Department, HCD acknowledged “the severity of the Portuguese Bend Landslide Complex’s condition and the potential harm to public health and safety, and the environment, and anticipates that [the moratorium] will need to be extended beyond the 45 -day period, pursuant to Government Code section 65858. HCD hereby approves the adoption and enforcement of Interim Urgency Ordinance No. 674U during the effective period of 45 days from its adoption and its planned extension for up to 22 months and 15 days by the City of Rancho Palos Verdes.” HCD’s November 6, 2023 letter is attached as Exhibit “J”. WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2100 et. seq. (“CEQA”), the State’s CEQA Guidelines, California Code of Regulations, Title 14, §15000 et. seq., the City’s Local CEQA Guidelines, and Government Code §65962.5(f) (Hazardous Waste and Substances Statement), it has been determined that the adoption of the Urgency Ordinance to impose a moratorium on the acceptance or processing of applications, issuance of permits, and construction in the Districts is exempt from CEQA, pursuant to Section 15061(b)(3). This 01203.0023/935568.1 Interim Urgency Ordinance is exempt because it proposes to impose a moratorium all construction on properties within the Districts and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. WHEREAS, this Interim Urgency Ordinance is proposed to allow the City to continue to address and mitigate an imminent threat to public health and safety and therefore is exempt from CEQA pursuant to Public Resources Code, Section 21080(b)(4) and CEQA Guidelines, Section 15269. WHEREAS, this Interim Urgency Ordinance is proposed to allow the City to continue to protect the environment by preventing the exacerbation to existing unstable geologic conditions caused by activities related to new construction and therefore is categorically exempt from CEQA pursuant to CEQA Guidelines, Section 15308 and none of the exceptions to this exemption set forth in CEQA Guidelines, Section 15300.2 apply to this Interim Urgency Ordinance. WHEREAS, on November 7, 2023, the City issued a report outlining the measures the City is taking to address the conditions that gave rise to this moratorium, as required by Section 65858 of the Government Code. WHEREAS, all legal prerequisites to the adoption of the Interim Urgency Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Moratorium Subject to the exceptions articulated in Section 2 below, during the effective period of this Ordinance, no application for permit will be accepted, no consideration of any application for any permit will be made, and no permit will be issued by the City for any construction on any property within the Landslide Complex until this Ordinance has expired or has been repealed according to applicable law. This Moratorium also applies to any pending applications, and any permits or entitlements that have issued and construction not commenced. “Permit” means any City planning land use approvals, and any building, grading, plumbing, electrical, or mechanical permit, whether the approval or issuance is discretionary or ministerial. SECTION 2. Exceptions The Moratorium shall not apply to the following: A. Construction necessary for repair or maintenance of existing structures, roadways, and any infrastructure such as water lines, sewer lines, electrical or traffic installations, etc. 01203.0023/935568.1 B. Construction necessary for the implementation, establishment, repair, or maintenance of any landslide mitigation measures. C. Construction necessary for the immediate preservation of the public health and safety. D. Construction that the City Manager deems necessary and consistent with the purposes of this interim urgency ordinance. Any such exception shall require written findings by the City Manager, and must be ratified by the City Council at the regular meeting following the City Manager’s determination. SECTION 3. Urgency Findings; Specific Adverse Impact Findings A. The City Council finds that there is a current and immediate threat to public safety, health, and welfare posed by the increased land movement within the Landslide Complex, and further finds that the land movement outside the delineated Landslide Complex/LMA are of grave and immediate concern. Additionally, formerly stable portions of the Landslide Complex are now moving at a faster clip, which has accelerated since 2018, but has increased dramatically since the last rainy season. Existing homes and structures are being threatened by the land movement, and may be facing a greater threat still if the coming winter brings the promised strong El Niño, with the concomitant amounts of rainfall. B. The City Council finds that construction of new structures and buildings in the Landslide Complex constitutes a specific adverse impact that cannot satisfactorily be mitigated at this time by the adoption of a less restrictive regulation than this inter im ordinance: the additional load provided by new buildings, including the required grading, will further destabilize the Landslide Complex, thus increasing the land movement speed and damage to existing structures. Additional construction will also requir e water and sewer infrastructure, which may leak into the soil and further exacerbate the land movement; in light of the increase in water main breaks, this is a very real and immediate concern. It is imperative at this time that no additional load and wat er/sewer utilities be placed on the Landslide Complex, while the City works to further study and stabilize the area, and the boundaries of the Landslide Complex may have to be revised and likely expanded. At this time a less restrictive regulation is not f easible as all of the City’s resources must be focused on implementing the City’s Landslide Remediation Project (see below), and it cannot be known which additional project or water main break may cause a catastrophic failure of any part of the Landslide Complex. C. Additionally, the City Council finds that allowing construction in an actively moving landslide will not further the statewide policy of increasing housing stock or meeting the City’s RHNA, and instead will endanger the existing housing and the area’s residents. D. The City Council therefore finds that in order to protect the health and safety of the residents of the Landslide Complex, the City, and the Palos Verdes Peninsula, it is necessary to adopt this Interim Urgency Ordinance. 01203.0023/935568.1 SECTION 4. Authority and Effect A. The State Planning and Zoning Law, Government Code Section 65000 et seq., broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public safety, health, and welfare, and a balancing of property rights and the desires of the community and how its citizens envisions their city. B. Government Code Section 65858 expressly authorizes the City, in order to protect public safety, health, and welfare, to adopt an Interim Urgency Ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure shall require a four-fifths vote of the legislative body for adoption, and shall be of no further force and effect 45 days from its date of adoption, unless duly extended for an additional 10 months and 15 days . The Interim Urgency Ordinance may be extended for a further 12 months. SECTION 5. Review and Study A. The City is seeking the services of a firm to study and make recommendations for the entirety of the Landslide Complex. As land movement appears to be occurring outside of the understood boundaries of the current Landslide Complex, the study will include recommendations regarding whether an d to what extent the boundaries of each landslide and of the Landslide Complex as a whole should be revised. B. The City is in the process of implementing a Landslide Remediation Project for the PBL. The Project’s purpose is, just as its name suggests, a large-scale, sophisticated project that would seek to stabilize the PBL, largely by the installation and operation of a network of powerful hydraugers. (See City Council staff reports related to the Landslide Remediation Project dated December 17, 2019, December 19, 2020, August 15, 2023, September 19, 2023) The project will be in three phases: Phase I - Repair of the Existing Fractures Surface fractures (also known as fissures) in the Portuguese Bend area are the result of land movement. These existing fractures are a few feet wide and some are as deep as 150 feet. The fractures intercept stormwater runoff where this water discharges into the ground. The proposed mitigation improvements include filling these fractures with slurry material that is easily placed in them. The slurry consists of 95 -97% fly ash and 3- 5% cement. Fly ash is a fine powder that is a byproduct of burning pulverized coal in electric power-generating plants. It is inert and its use has been proven to be very safe in these applications. This phase of the project is intended to eliminate storm runoff from easily becoming part of the groundwater and is an important component in efforts to minimize landslide-related ground movement. Phase II - Surface Drainage Improvements 01203.0023/935568.1 The surface drainage improvements include the refurbishment of existing swales and pipes, and construction of a reduction flow area, which essentially serves as a detention basin near the bottom of the hill landward of Palos Verdes Drive South (PVDS). In summary, over the years, the existing swales have eroded and the drainage pipes have clogged, resulting in inadequate performance. In some areas, sections of the drainage pipes have been disconnected, displaced or are missing. Further, as a direct result of landslide movement and land displacement, a few low areas have formed. During rainfall events, stormwater runoff is trapped in these areas. Since there is no outlet, the collected stormwater runoff creates ponds and eventually, the water percolates into the ground and exasperates the landslide. The project will no longer result in stormwater ponding because runoff will be conveyed through newly establish/refurbished pipes and swales to the ocean in a controlled manner. Phase III - Below-Grade Hydraugers Hydraugers, to be constructed below grade, are designed to alleviate artesian water pressure underground in the Portuguese Bend Landslide area. Their function is similar to vertical dewatering wells, but they are installed horizontally, beneath the active movement zone of the landslide. The City’s consultant believes that vertical dewatering wells are not sustainable in this area because of the land movement. The landslide is active, with annual movement measured in feet, and consequently, vertical dewateri ng wells shear quickly due to the land movement. Until this land movement is minimized, vertical wells will continue to shear. The high rate of land movement in Portuguese Bend has resulted in the rapid failure of vertical wells in the areas that will be targeted with hydraugers. This third phase of construction therefore involves the installation of the hydraugers which will follow the installation of surface drainage features. The Project is anticipated to cost $33 million. The City has sought and obtained a grant in the amount of $23.3 million from the Federal Emergency Management Agency. The City is currently seeking the remainder of the funding from state and local sources, and anticipates being able to raise sufficient funds within the next 12 months in order to begin construction of the project. The status of the project and anticipated timeline is as follows: Award professional services contracts for final engineering: on September 19, 2023 the City Council appropriated $925,289 for additional engineering services, making the total financial commitment so far $2,295,056. Staff anticipates 90% plan completion and certification of the EIR in September of 2024, and complete final engineering and permitting by September 2025. SECTION 6. Consistency with the General Plan The City Council finds that this Ordinance is consistent with the following goals and policies of the City’s General Plan. Circulation Element Policies – GP Page C-7 01203.0023/935568.1 30. Discourage the installation or extension of any infrastructure component into any area known to be hazardous unless appropriate liability safeguards (such as geological hazard abatement districts) are in place and adequate mitigation measures are incorporated into the design. 31. Allow new development only where adequate infrastructure systems can reasonably be provided. Conservation and Open Space Element Policies – GP Page COS-4 3. Require any development within the Resource Management Districts of high slopes (RM 3) and dormant landslide area (RM 5) to perform at least one, and preferably two, independent engineering studies concerning the geotechnical, soils, and other stability factors (including seismic considerations) affecting this site following established geological industry standards. 6. Prohibit activities that create excessive silt, pollutant runoff, increase canyon-wall erosion, or potential for landslide within Resource Management Districts containing hydrologic factors (RM 6). 10. Stringently regulate irrigation, natural drainage, and other water -related considerations in new developments and existing uses affecting existing or potential slide areas. 11. Consider development exceptions in areas otherwise precluding development for health and safety reasons, only if the development can establish that it can overcome the conditions otherwise precluding development, and is otherwise compatible with the intent of the General Plan and the Specific Plan for the area. Safety Element Goals – Page S-6 1. Provide for the protection of life and property from both natural and human- made hazards within the community. 4. Protect life and property and reduce adverse economic, environmental, and social impacts resulting from any geologic activity. Social Services Element Policy – Page SS-3 9. Prioritize enforcement activities of residential structures with known health hazards. SECTION 7. Severability The City Council hereby declares, if any provision, section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the 01203.0023/935568.1 remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect. SECTION 8. Publication The City Clerk shall certify as to the passage and adoption of this Interim Urgency Ordinance and shall cause the same to be published in a manner prescribed by law. SECTION 9. Effectiveness of Ordinance This Ordinance shall take effect immediately upon adoption by a four-fifths vote of the City Council, pursuant to the authority conferred upon the City Council by Government Code § 36937. This Ordinance shall be of no further force and effect 10 months and 15 days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code § 65858. Not later than 10 days prior to the expiration of this urgency ordinance, the City Council shall issue a written report as r equired by applicable state law. PASSED, APPROVED and ADOPTED this 14th day of November, 2023, by a four- fifths vote of the entire City Council. ________________________________ John Cruikshank, Mayor Pro Tem ATTEST: _______________________________ Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole numbers of the City Council of said City is five; that the foregoing Ordinance No. ___U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on November 14, 2023 by the following vote: AYES: NOES: ABSENT: ABSTAINED: __________________________ City Clerk A-1 A- 2 City of Rancho Palos Verdes 3,236.2 NAO_ 1983_StatePlane_ Californ ia_ V _FI PS_0405 _Feet © City of Ra ncho Palos Ve rdes Enter Map Tit le The infounat,on oo this .nap i5 fo( reference o,1!y and in ay not be op•to •date Please conta<t the Cily for more io fom , ~-attOO 3 Legen d Street Centerli nes (20 15) Private P\lbllc City Boundary Parcel 2 020 Aerials ■ Re<!; Sand_1 O Graen: Band_2 ■ Blu•: Band_3 1: 19,417 0 A-3 Legend 1:14,066 Enter Map Title Enter Map Description Notes2,344.41,172.20 © City of Rancho Palos Verdes 2,344.4 0 Feet NAD_1983_StatePlane_California_V_FIPS_0405_Feet The information on this map is for reference only and may not be up-to-date. Please contact the City for more information. Street Centerlines Private Public Palos Verdes Reservoir City Boundary Adjacent Cities Palos Verdes Estates Rolling Hills Estates Rolling Hills Other Ocean Street Centerlines (2015) Private Public Landslide Zones (2017) Portuguese Bend Active Landslide Areas Abalone Cove Landslide Flying Triangle Landslide Klondike Canyon Landslide Portuguese Bend Landslide City Boundary Parcel 2020 Aerials Red: Band_1 Green: Band_2 Blue: Band_3 A- 4 A-5 Avg Movement Per Year* •2007 to 2018 = 0.5” •2018 to 2022 = 1” - 2” (KC02 = 2.75”) (KC18 = 4”) •2022 to 2023 Annualized = See Map *Rate of Movement Varies Depending on Location & Year Klondike Canyon Monitoring A- 6 A-7 A-8 Survey Report of the Portuguese Bend Sept. 2021-Oct. 2022-May 2023 Land Movement Monitoring Surveys for the City of Rancho Palos Verdes prepared by McGee Surveying Consulting Date: October 19, 2022 Revised June 6, 2023 The Portuguese Bend Landslide is monitored on a tri-annual basis beginning with the initial survey of all current monitoring points at the beginning of the rainy season in the Fall of each year followed by two subsequent partial monitoring surveys in the winter and spring. The following is a summary of the Initial Fall 2022 Monitoring Survey followed by addendums for the winter and spring Partial Monitoring Surveys. The movement results are listed as follows: for the Initial Fall Survey for the period of September 2021 to October 2022, the Winter Partial Survey for October 2022 to March 2023, and for the Spring Partial Survey for March 2023 to May 2023 and October 2022 to May 2023. The movements for these periods are listed on Pages 4 & 6. Initial (Fall) Survey - October 10, 2022 Full Monitoring Survey No. 34 Second (Winter) Survey - March 13, 2023 Partial Monitoring Survey No. 35 Third (Spring) Survey - May 12, 2023 Partial Monitoring Survey No. 36 ATTACHMENT: “PB MOVEMENT DATA POSTING 2007-2022.10.xlsx” OVERVIEW: McGee Surveying Consulting (MSC) performed the Fall 2022 land movement monitoring survey of the Portuguese Bend Landslides. The survey was planned, coordinated, and executed by Michael McGee, PLS3945 of MSC who is responsible for the field surveys, processing observations, network adjustments, analysis, and reports. This survey determined the precise positions of 67 monitoring points to assess their annual and overall movements. Subsequent Addendum Partial Surveys in the Winter and Spring assessed the movements between October 2022 and May 2023. See the previous 2021-2022 Report published in May 2022 for more survey details and procedures utilized in this survey but not re-stated here. The annual Fall 2021 to 2022 movements and 2022 coordinates are listed in the attached spreadsheet titled “PB MOVEMENT DATA POSTING 2007- 2022.10.xlsx”. A substantial increase in movement velocities was observed between the October 2022 and May 2023 compared to the previous four year average. See the “Partial Assessment of Observations” on Page 8. The horizontal and vertical positions of the monitoring points are based on the North American Datum of 1983 (NAD83) Epoch 2007.00 and the North American Vertical Datum of 1988 (NAVD 88) reference frames. The NGS Geoid03 is used to model orthometric heights (elevations) based on measured ellipsoid heights as explained in said May 2021-2022 Report. The latitudes and longitudes determined by GNSS measurements are projected into NAD83 California State Plane Coordinates Zone 5 in US Survey Feet. Given the proven stability, since 2007, of Point AB02 (at the south end of Portuguese Point) relative to PVE3 (CGPS Station at City Hall), the method for recovering the reference frame was modified in 2019 to improve the efficiency and simplify the processing and analysis of the surveys. The previous procedures were modified by fixing point AB02, instead of PVE3 and checking to PVE3RP (control point on the concrete base of PVE3). Point AB61 (on Portuguese Point) provides redundant verification that the reference frame is stable and successfully recovered. Beginning in the fall of 2019, the network adjustments were constrained to the 2018 NAD83 position and NAVD88 height of AB02 checking to PVE3RP and AB61. The positions are listed below. Pt# Latitude Longitude NAVD88 Ht Source) AB02 33-44-13.84878 118-22-26.19243 116.47 ft Oct. 2018 position PVE3RP 33-44-35.74239 118-24-15.27451 346.88 ft Average of 5 years AB61 33-44-18.5730 118-22-25.9580 140.43 ft Average since 2007 A-9 Initial (Fall) Survey • October 10, 2022 Full Monitoring Survey No . 34 Second (Winter) Survey• March 13, 2023 Partial Monitoring Survey No . 35 Third (Spring) Survey • May 12, 2023 Partial Monitoring Survey No . 36 McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 2 of 7 The Fall 2022 Survey is the 34th Monitoring Survey. For data management purposes the point names are prefixed with a sequential number to distinguish between surveys. For example, on the 16th monitoring survey AB61 was named M16AB61 where M16 indicates the sequence number since the initial M01 Monitoring Survey in September 2007. The prefix is stripped in the attached “PB MOVEMENT DATA POSTING” document. AB61 and AB20 previously served as suitable GNSS Base Stations. Presently AB73 is utilized as a Base Station. AB73 is located on the US Pony Club property and exclusive permission for MSC to enter the property is confirmed prior to each survey with the understanding that strict limited driving protocols will be observed. Access was obtained unilaterally by MSC from the manager of the Pony Club and does not extend to others. Point AB73 is not a planned monitoring point, is not necessary and not to be include in surveys by others. Prior to 2019, geodetic grade GNSS receivers collected static satellite signal data for post processing. Presently, a Leica GS18 Base with a GS18T RTK Rover operating in real-time with an FM radio system is used to measure the monitoring points. This system is the latest technology and delivers increased productivity and greater precision of point positions in real time. The GS18 receiver incorporates an Inertial Measurement Unit and tracks four Global Navigation Satellite Systems (GNSS) including GPS, GLONASS, Galileo and Beidue Satellites. The differences in two measured vectors are acceptable if they fall within 0.03 feet (1 cm) horizontally; otherwise, additional measurements are obtained. Experience has shown the independent measurements agree generally 0.01 to 0.02 feet. M34 MONITORING NETWORK A-10 Mon Ito ring Points McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 3 of 7 GNSS Survey Parameters and Metadata Date of Initial Annual Survey: M34 – October 10, 2022 (mean date) between 0800-1700 PDST (+7 hrs for UTC). Constellations: GPS (31 Satellites), Russian GLONASS (23 Satellites), Galileo (23 Satellites) and Beidue (40 Satellites). Observables: L1 & L2 Carrier Waves on GPS, GLONASS and Beidue; and four Carrier Waves on Galileo Satellites Data Epoch Rate - 0.2 seconds (20HZ) at the GS18 RTK Rover; 1 second RTK at the GS18 Base Satellites: 20-40; GDOP: < 2; Elevation Mask: 0° at the Rover and Base Station Ephemeris: Broadcast for RTK vectors. Weather: Mostly calm clear skies, temperature 65-75° F, no significant weather. Space Weather: Boulder K Index 2-4 averaging 3 (gauges ionospheric activity on a scale of 0-9; less than 6 preferred) Equipment: GNSS Base Receiver Unit No.: M11, Operator: M. McGee, PLS; Occupied Base Station Make & Model: Leica GS18 with integrated Antenna; Mount: Tribrach on Tripod GNSS Rover Receiver Unit No.: M10, Operator: M. McGee, PLS Make & Model: Leica GS18T with integrated Antenna; Mount: Fixed Height Pole #4 Processing & Adjustments: Leica Infinity v4.0 and "Starnet-PRO” version 11.0.6 Software ADJUSTMENTS & ANALYSIS Network Adjustment: A minimally constrained adjustment was computed to develop NAD83 (2007) 2007.00 Epoch Zone 5 State Plane Coordinates and NAVD88 Heights of the monitoring points by fixing Point AB02 as noted previously. The NAVD88 orthometric heights (elevations) were determined by combining the measured ellipsoid heights with the Geoid03 Model. AB02 is unaffected by the land movement and the stability was verified relative to PVE3RP which is outside the influence of the land movements. Listed here are the differences from the stable position of AB02 to the measured positions of other stable points. Differences in Feet ID dN dE dZ_ AB02 0.000 0.000 0.000 Fixed AB61 -0.003 -0.006 0.016 Stable Check Point on Portuguese Point PVE3RP -0.002 -0.015 0.000 Stable Check Point at City Hall Comments: Fixing AB02 finds no horizontal differences at PVE3RP or AB61 other than insignificant random measurement noise. Given that AB02, PVE3RP, and AB61 are in good relative agreement, the survey reference frame is deemed stable and successfully recovered from which accurate local land movements are determined. ACCURACY STATEMENTS Vector Residuals: The two-dimensional vector residuals average 0.007 feet and the absolute value of the vertical residuals average 0.009 feet as listed below. The vector residuals are based on a network adjustment of independent point positions. Vector Lengths(ft) Two Dimensional Residuals Absolute Vertical Residuals Vary Average Average Std.Dev. Maximum Average Std.Dev. _ Range 419-9657 3218 0.007 0.004 0.016 0.009 0.007 -0.05 to +0.04 Movement Accuracy: A point is deemed to have moved if, at the 95% level of confidence the horizontal movement (signal) of a point between two epochs is greater than the 95% Error (noise). Based on multiple independent occupations, the horizontal (2D) movements reported between September 2021 (M31) and October 2022 (M34) statistically attained a relative average accuracy of 0.022 feet at the 95% Level of Confidence with a Standard Deviation of 0.003 feet and a Range of 0.013 to 0.031 feet. See the attached file “PB MOVEMENT DATA POSTING 2007-2022.10.xlsx” for movements and errors estimates. A-11 McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 4 of 7 Table of Annual Movements of Monitoring Points 2D Horizontal and Vertical Movements in Feet September 28, 2021 (M31) to October 10, 2022 (M34) = 12.4 Months Listed below are the two-dimensional horizontal movements and vertical (elevation) changes during the period. See the attached spreadsheet “PB MOVEMENT DATA POSTING 2007-2022.10.xlsx”. Note: The horizontal measurement confidence is estimated at +/-0.02’ (1/4”); therefore, movements of 0.02’ or less are deemed statistically to not have moved. The estimated vertical measurement confidence is +/-0.05’. Point ID Horizontal Movements Vertical Changes Point ID Horizontal Movements Vertical Changes AB01 0.02 -0.07 KC02 0.21 -0.03 AB02 0.00 0.00 KC05 0.09 -0.02 AB04 0.90 -0.12 KC06 0.16 -0.06 AB05 0.62 -0.11 KC07 0.02 0.01 AB13 0.49 -0.24 KC13 0.09 0.00 AB16 0.15 -0.05 KC14 0.00 0.01 AB17 0.02 -0.05 KC15 0.16 -0.03 AB20 0.51 0.00 KC16 0.02 -0.01 AB24 0.43 -0.01 KC17 0.14 -0.04 AB50 0.34 0.02 KC18 0.40 -0.02 AB51 0.31 -0.10 PB04 0.80 -0.15 AB53 0.49 -0.01 PB06 0.66 -0.06 AB57 0.44 -0.14 PB07 0.72 -0.24 AB58 0.41 -0.03 PB08 0.66 0.05 AB59 0.55 -0.15 PB09 0.65 -0.04 AB60 0.45 -0.06 PB12 0.94 -0.15 AB61 0.01 0.02 PB13 0.70 -0.02 AB62 0.78 -0.09 PB18 0.60 -0.20 AB63 0.72 -0.19 PB20 0.85 -0.14 AB64 0.06 -0.03 PB21 0.71 -0.13 AB65 0.26 -0.11 PB26 0.62 -0.01 AB66 0.38 -0.07 PB27 0.82 -0.17 AB67 0.18 -0.05 PB29 0.72 -0.15 AB68 0.32 -0.11 PB54 0.59 0.04 AB70 0.48 -0.03 PB55 0.80 -0.04 AB71 0.32 -0.08 PB59 1.02 -0.24 AB73 0.45 -0.05 PB67 1.43 -0.21 CR07 0.31 -0.27 PB68 0.75 -0.12 CR50 0.02 -0.02 PB69 0.86 -0.14 CR51 0.02 -0.04 PB70 0.72 -0.34 CR53 0.02 -0.03 PB71 0.62 -0.15 FT06 0.58 -0.28 UB02 0.78 0.04 FT08 0.03 -0.02 PVE3RP 0.02 0.00 FT09 0.01 0.01 A-12 McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 5 of 7 Addendum No. 1 Monitoring Survey No. M35 Report Portuguese Bend Landslide Monitoring March 13, 2023 Partial Monitoring Survey Addendum No. 1: Report on the second of three annual Portuguese Bend Monitoring Surveys (M35). The average date of the field survey is March 13th. This partial survey included 43 points (30 required) which are a sub-set of the monitoring network. A minimally constrained adjustment was processed to develop NAD83 (2007) Epoch 2007.00 CA State Plane Coordinates and NAVD88 Heights. The estimated vector horizontal (2D) residuals at unobstructed sites averaged 0.007 feet with a Standard Deviation of 0.006 feet and a Range of 0.004 to 0.024 feet. The estimated absolute value of the vertical residuals averaged 0.008 feet with a Standard Deviation of 0.007 feet and a Range of -0.05 to +0.04 feet. At the 95% Level of Confidence, the horizontal (2D) movements reported below attained an estimated accuracy of better than 0.02 feet. The adjustment fixed AB02 and checked to AB61 and PVE3RP as shown below confirming the successful recovery of a stable reference frame (coordinate system). Differences from the known fixed positions to the measured positions in this survey are listed here with their north, east and vertical components in feet. Differences in Feet ID dN dE dZ_ AB02 0.000 0.000 0.000 Fixed AB61 -0.006 0.009 0.020 Stable Check Point on Portuguese Point PVE3RP -0.002 -0.004 0.072 Stable Check Point at City Hall Addendum No. 2 Monitoring Survey No. M36 Report Portuguese Bend Landslide Monitoring May 12, 2023 Partial Monitoring Survey Addendum No. 2: Report on the third of three annual Portuguese Bend Monitoring Surveys (M36). The average date of the field survey is May 13th. This partial survey included 39 points (30 required) which are a sub-set of the monitoring network. A minimally constrained adjustment was processed to develop NAD83 (2007) Epoch 2007.00 State Plane Coordinates and NAVD88 Heights. The estimated vector horizontal (2D) residuals at moderately obstructed sites averaged 0.007 feet with a Standard Deviation of 0.004 feet and a Range of 0.002 to 0.030 feet. The estimated absolute value of the vertical residuals averaged 0.016 feet with a Standard Deviation of 0.009 feet and a Range of -0.08 to 0.04 feet. At the 95% Level of Confidence, the horizontal (2D) movements reported below attained an estimated accuracy of better than 0.02 feet. The adjustment fixed AB02 and checked to PVE3RP as shown below confirming the successful recovery of a stable reference frame (coordinate system) as shown below. Differences from the known fixed positions to the measured positions in this survey are listed here with their north, east and vertical components in feet. AB61 was not accessible at the time of the survey. Differences in Feet ID dN dE dZ_ AB02 0.000 0.000 0.000 Fixed AB61 ---- ---- ---- Deleted on future surveys to avoid public access/damage to environ PVE3RP 0.020 -0.014 -0.067 Stable Check Point at City Hall The Addendum Field Surveys, Equipment, Data Collection and Network Design were as described in the above Initial Survey Report. The Winter and Spring Horizontal (2D) and Vertical Movements are summarized in the “Periodic Horizontal & Vertical Movement in Feet” table below. The Direction of Movement is generally south to south-southwest. See “PB MOVEMENT DATA POSTING 2007-20##.xlsx” for the direction, distance, and confidence. A-13 McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 6 of 7 Note, a substantial increase in movement velocities was observed between the October 2022 and May 2023 surveys compared to the previous four years. Points AB61, PB12, PB18 and PB26 were not accesible in the May 2023 Survey due to an extraordinary spring growth of Mustard plants. PB09 was added in May as a nearby substitute for PB12. A Pepper Tree has overgrown PB18 to the point where it will be abandoned if not cleared for future surveys. “Partial Monitoring” Movements Periodic Horizontal & Vertical Movements in Feet Oct. 10, 2022 (M34) to March 13, 2023 (M35) to Oct. 10, 2022 (M34) to March 13, 2023 (M35) = 5.0 mo May 12, 2023 (M36) = 2.0 mo May 12, 2023 (M36) = 7.0 mo Monitoring Point Movement Distancs Elevation Change Monitorin g Point Movement Distance Elevation Change Monitoring Point Movement Distance Elevation Change AB02 0.00 0.00 AB02 0.00 0.00 AB02 0.00 0.00 AB04 0.93 -0.12 AB04 0.87 -0.08 AB04 1.80 -0.20 AB13 0.31 -0.18 AB13 0.38 -0.06 AB13 0.70 -0.24 AB16 0.13 0.02 AB16 0.16 0.04 AB16 0.29 0.06 AB17 0.05 0.01 AB17 0.01 0.01 AB17 0.05 0.03 AB20 0.38 -0.06 AB20 0.46 0.04 AB20 0.84 -0.02 AB24 0.34 -0.06 AB24 0.38 0.05 AB24 0.73 -0.01 AB50 0.25 -0.02 AB50 0.30 0.05 AB50 0.55 0.03 AB53 0.32 -0.13 AB53 0.41 0.03 AB53 0.74 -0.10 AB58 0.25 -0.14 AB58 0.35 -0.03 AB58 0.60 -0.16 AB59 0.38 -0.10 AB59 0.47 -0.08 AB59 0.85 -0.17 AB60 0.39 -0.06 AB60 0.41 0.01 AB60 0.80 -0.05 AB61 0.01 0.02 AB62 0.72 -0.11 AB62 0.68 -0.03 AB62 1.40 -0.14 AB65 0.20 -0.03 AB65 0.24 -0.01 AB65 0.43 -0.04 AB66 0.27 -0.12 AB66 0.35 -0.02 AB66 0.63 -0.14 AB67 0.15 -0.08 AB67 0.18 0.02 AB67 0.32 -0.07 AB68 0.23 -0.12 AB68 0.31 -0.05 AB68 0.54 -0.17 AB70 0.38 -0.06 AB70 0.45 0.05 AB70 0.84 -0.01 AB73 0.36 -0.08 AB73 0.42 -0.01 AB73 0.78 -0.09 CR07 0.19 -0.24 CR07 0.25 -0.19 CR07 0.44 -0.43 CR50 0.03 -0.12 CR50 0.02 0.08 CR50 0.05 -0.04 FT06 0.41 -0.26 FT06 0.53 -0.21 FT06 0.93 -0.47 FT09 0.01 -0.11 FT09 0.03 0.08 FT09 0.04 -0.03 KC06 0.13 -0.12 KC06 0.20 -0.04 KC06 0.33 -0.16 KC07 0.02 -0.07 KC07 0.02 0.01 KC07 0.01 -0.06 KC13 0.08 -0.01 KC13 0.11 0.06 KC13 0.19 0.06 KC16 0.01 -0.05 KC16 0.03 0.04 KC16 0.04 -0.01 KC17 0.11 -0.08 KC17 0.20 0.03 KC17 0.31 -0.05 PB04 0.63 -0.12 PB04 0.61 -0.05 PB04 1.23 -0.17 PB09 1.00 -0.05 PB12 0.62 -0.08 PB13 0.48 -0.02 PB13 0.60 0.04 PB13 1.08 0.02 PB18 0.39 -0.11 PB26 0.46 -0.13 PB54 0.39 -0.04 PB54 0.54 0.03 PB54 0.93 -0.02 PB55 0.50 -0.16 PB55 0.58 -0.17 PB55 1.06 -0.33 PB59 0.77 -0.22 PB59 0.72 -0.08 PB59 1.49 -0.30 PB67 0.96 -0.20 PB67 1.12 -0.13 PB67 2.08 -0.33 PB68 0.57 -0.09 PB68 0.59 -0.04 PB68 1.16 -0.12 PB69 0.63 -0.12 PB69 0.69 -0.07 PB69 1.32 -0.19 PB70 0.54 -0.28 PB70 0.60 -0.19 PB70 1.14 -0.48 PB71 0.47 -0.13 PB71 0.57 -0.15 PB71 1.03 -0.27 Note: Movements greater than 0.02 feet (1/4") are deemed to have moved. See attached "PB MOVEMENT DATA POSTING" for a details. A-14 McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 7 of 7 PARTIAL ASSESSMENT of OBSERVATIONS In the last seven months the movement velocities have accelerated over the average velocity for the previous four years which saw an acceleration over the previous 15-20 years. A year is defined generally as 12 months from the beginning of October to the end of September of the following year. Below are the average measured movements for a sample of monitoring points from five to nine years back, one to four years back and this partial year with a projection to the Fall of 2023. It appears the Abalone Cove slide is beginning to match the Portuguese Bend slide. Movement Summary in Feet 2014-2018 2018-2022 2022-May 2023 2022-2023 ID 4 Yr.Av. Max. 4 Yr.Av. Max. 7 Months Projected for 1 Yr. AB53 0.07 0.18 0.43 0.49 0.74 1.1 +/- AB20 0.09 0.20 0.48 0.54 0.84 1.3 +/- AB68 0.05 0.11 0.31 0.32 0.54 0.8 +/- CR07 0.06 0.13 0.30 0.32 0.44 0.6 +/- KC06 0.04 0.09 0.16 0.22 0.33 0.5 +/- PB55 0.89 1.31 0.89 1.23 1.06 1.6 +/- Velocities were stable prior to 2018. After the Fall of 2018 they increased about 3 to 6 fold at most points and remained stable to the Fall of 2022. In the last seven months since the Fall of 2022 the velocities generally have doubled more or less. The Projected Movements for the end of the year in the Fall of 2023 were based on the previous years results. RECOMMENDATION Continuity in terms of consistency of the precision of the surveys and methods of reporting are necessary to continue to evaluate future survey results relative to the 2007-2023 monitoring survey campaigns. If in the future, monitoring survey campaigns are performed by others it is recommended the City of Rancho Palos Verdes secure the services of an independent expert GNSS/Geodetic consultant to evaluate and validate results to assure program integrity. Clearing foliage and tree trimming to allow for full sky visibility for tracking satellites results in improved accuracy and production. Points AB13, AB16, AB17, AB51, AB58, AB66 and PB18 have limited sky visibility due to surrounding trees and would benefit from annual clearing. Improvements in GNSS (GPS) instrumentations and constellations have helped mitigated some of these issues. A Pepper Tree has overgrown PB18 and it will be abandoned if not cleared for future surveys. SURVEYOR'S STATEMENT This is the Fall 2022 through Spring 2023 Report on the procedures, criteria, and results of the City of Rancho Palos Verdes Portuguese Bend Landslide Monitoring Surveys. This survey was performed, and Report prepared by me June 7, 2023 at the request of Ron Dragoo, Principal Engineer of the City of Rancho Palos Verdes. A-15 -J!t ~ L ffe½-c---- Michae 1 R. Mc Gee , PLS3945 A-16 McGee Surveying Consulting Page 1 of 4 1 August 6, 2023 Ramzi Awwad, City Engineer City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Subject: Report on Rancho Palos Verdes (RPV) Portuguese Bend and Klondike Cyn Landslide Monitoring in Seaside in July and August 2023. Refer to the 2007-2023 Portuguese Bend Landslide Monitoring Reports for more details and procedures utilized in this survey. A portion of the Portuguese Bend Landslide Complex was monitored between July 12, 2023 and July 19, 2023 (average date July 15, 2023), and then again on August 2, 2023. The purpose was to monitor the movement in the Klondike Canyon Slide and specifically the recent movements at the intersection of Dauntless & Exultant Drives. Additionally, a sampling of points in the Abalone Cove Slide were observed with a single observation to make a preliminary assessment in the gated community of recent movements (listed below). The expected precision (referred to as noise) of repeat GNSS (satellite) observations based on extensive experience is generally 0.02 feet or less; however, solar disturbances occurring during the period of the July surveys resulted in a level of noise of 0.03 to 0.04 feet. To successfully measure actual movement, the measured movement (referred to as signal) must exceed the noise. Thus, the movement is effectively the signal plus or minus the noise. In Klondike Canyon (KC), five observations were made beginning July 12 over a seven day period and again 21 days after the first day. All current KC monitoring points and two new points set at Dauntless & Exultant Drives were monitored. The new points are KC19 located about 100’ westerly and KC20 located about 70’ southerly of the intersection. Along with existing points KC06 located about 200’ westerly and KC07 about 70’ east of the intersection provided adequate coverage of the area of visible movement. The daily movements in the first seven days was within the range of the measurement noise which limited the capability to estimate actual movements. The overall assessment with the exception of KC07, indicates points KC06, KC19 and KC20 moved westerly about 0.01 feet per day with no adverse changes in velocities. KC07 remained unchanged. A better assessment of the velocities was possible after a sixth observation on August 2, 2023 in which the accumulative movement sufficiently exceeded the noise to model the signal as listed in the table below. A-17 0 Klondike Cyn Monitoring Points McGee Surveying Consulting Page 2 of 4 2 Point Bearing Dist. Bearing Dist. (degrees) (feet) (degrees) (feet) July 12>July 19 July 12>August 2 FT091 * * * * KC021 S 03 W 0.05 S 03 W 0.19 KC051 * * S 14 W 0.06 KC061 S 67 W 0.06 S 67 W 0.11 KC071 * * * * KC131 * * S 22 E 0.06 KC141 * * * * KC151 S 50 W 0.04 S 50 W 0.11 KC161 * * * * KC171 S 24 W 0.02 S 24 W 0.10 KC181 S 10 W 0.05 S 10 W 0.26 KC191 N 85 W 0.07 N 85 W 0.09 KC201 N 78 W 0.06 N 78 W 0.09 * No Detectable Movement Estimated Accuracy= 0.02 feet at 95% Confidence Points around the intersection of Dauntless & Exultant Drives slowed, however it appears other points in the KC Slide accelerated after the first seven days of observations. It is noted below that KC06 moved westerly 0.32 feet between the May 12 and July 15 (about 0.005’/day) and 0.33 feet in the previous seven months since October 10, 2022. Except for KC07, KC14 and KC16 all other points in the Klondike Canyon Slide have accelerated in this last year after having accelerated in the previous four years. The following table provides a general assessment of movements since 2014. The 2014-2018 period is generally representative of previous years back to 2007. In the last two months the movement velocities have accelerated over the previous seven-month period between October 10, 2022 to May 12, 2023. In that seven-month period the average velocities had accelerated over the previous four-year average which saw an acceleration over the previous 8 or more years. A monitoring year is 12 months beginning and ending about the beginning of the rainy season on October 1. Below are the measured movements for a sample of monitoring points for the indicated periods with a projection for the full year of October 10, 2022 to October 2023 based on actual measurements for the period October 10, 2022 to July 15, 2023. A-18 0 Klondike Cyn & Abalone Cove Monitoring Points McGee Surveying Consulting Page 3 of 4 3 Movement Summary at Selected Points in Feet 2014-2018 2018-2022 Oct.10,2022 May 12, 2023 Oct.‘22-July‘23 to May 12,2023 to July 15, 2023 ID 4-Yr.Av./Max. 4-Yr.Av./Max. 7 Months 2 Months 1 Yr. Projection AB17 0/0 0/0 0.05 <0.04? ? AB20 0.09/0.20 0.48/0.54 0.84 0.74 2.11 AB53 0.07/0.18 0.43/0.49 0.74 0.65 1.85 AB58 0.07/0.14 0.35/0.41 0.60 0.54 1.52 AB60 0.07/0.17 0.45/0.46 0.80 0.63 1.91 AB67 0.03/0.04 0.16/0.18 0.32 0.21 0.71 AB68 0.05/0.11 0.31/0.32 0.54 0.50 1.39 AB70 0.49/0.52 0.84 0.69 2.04 AB73 *0.36/0.46 0.78 0.67 1.93 CR07 0.06/0.13 0.30/0.32 0.44 0.42 1.15 FT09 *0.02/0.03 0.04 0.03 0.09 KC02 0.05/0.11 0.22/0.30 ? 0.91/9 Mo. 1.21 KC05 0.03/0.06 0.10/0.15 ? 0.40/9 Mo. 0.53 KC06 0.04/0.09 0.16/0.22 0.33 0.32 0.87 KC07 0/0 0/0 0 0.02 ? KC13 0.04/0.07 0.08/0.15 0.19 0.15 0.45 KC14 0/0 0.03/.04 ? 0.08 0.11 KC15 0.04/0.09 0.16/0.23 ? 0.61/9 Mo. 0.81 KC16 0/0 0/0 0 0.04 ? KC17 0.04/0.09 0.14/0.19 0.31 0.28 0.79 KC18 *0.33/0.40 ? 1.28/9 Mo. 1.71 PB55 0.89/1.31 0.89/1.23 1.06 0.96 2.69 PB70 *0.53/0.82 0.82/1.15 1.14 0.79 2.56 * 3 Years As stated above, velocities were fairly stable prior to 2018. After the Fall of 2018 they increased about 3 to 5- fold at most points and remained fairly stable until the Fall 2022. Between October 10, 2022 and May 12, 2023 (seven months) the velocities accelerated, and accelerated again in the following two months as noted. The one-year Projected Movements (October 2022 to October 2023) are annualized based on the accumulated movements between October 10, 2022 and July 12, 2023. A-19 0 McGee Surveying Consulting Page 4 of 4 4 SURVEYOR'S STATEMENT: This report is based on record information and a portion on field surveys and was prepared by me on July 23, 2022 and revised August 6, 2023 at the request of Ramzi Awwad of the City of Rancho Palos Verdes. A-20 -Jit ~ /L -ffex--- Michael R. McGee , PLS3945 0 A-21 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 2015 2016 2017 2018 2019 2020 2021 2022 2023 AB20 AB50 AB53 AB68 An n u a l i z e d M o v e m e n t ( F e e t ) PBCA Land Movement History Data Collection Period:9/19/2014 - 10/8/2015 10/8/2015 - 4/19/2016 10/5/2016 - 10/4/2017 10/4/2017 - 10/10/2018 10/10/2018 - 11/1/2019 11/1/2019 - 9/24/2020 9/24/2020 - 9/28/2021 9/28/2021 - 10/10/2022 10/10/2022 - 10/10/2023 Bean Field @ Inspiration Point McGee Point ID: Sweetbay @ WW8 PV Drive South, East of Narcissa Cinnamon and CloveTree Annual (Oct 1-Sept 30) Precipitation (Inches):9.3 6.2 18 3.5 17 13 4.7 8.9 >21 A- 2 2 r T l + I I I I I , - - - - - - - + - - - - - - - + I I I I A-23 Preliminary 10/30/23 Draft Survey Report of the Portuguese Bend Oct. 2022-Oct. 2023-May 2024 Land Movement Monitoring Surveys for the City of Rancho Palos Verdes prepared by McGee Surveying Consulting Date: October 30, 2023 Revised ?? The Portuguese Bend Landslide is monitored on a tri-annual basis beginning with the initial survey of all current monitoring points at the beginning of the rainy season in the fall of each year followed by two subsequent partial monitoring surveys. This Report on the Initial Fall 2023 Monitoring Survey is followed by two Addendums for the Winter and Spring Partial Monitoring Surveys published in spring 2024. Movements are reported from the fall of 2022 to the spring of 2024. Movements are listed for these periods on Pages 5 & 7?. October 10, 2022 (M34) to October 10, 2023 (M38 Initial Fall Survey), October 10, 2023 (M34) to February ??, 2024 (M39 Winter Partial Survey), February ??, 2024 (M39) to May ??, 2024 (M40 Spring Partial Survey), and October 10, 2023 (M38) to May ??, 2024 (M40). ATTACHMENT: “PB MOVEMENT DATA POSTING (Revised) 2007-Oct2023.xlsx” OVERVIEW: GNSS MONITORING NETWORK (M38) McGee Surveying Consulting (MSC) performed the Fall 2023 land movement monitoring survey of the Portuguese Bend Landslides. The survey was planned, coordinated, and executed by Michael McGee, PLS3945 of MSC who is responsible for the field surveys, processing observations, network adjustments, analysis, and reports. This survey determined the precise positions of 66 monitoring points to assess their annual and overall movements, three of which (AB02, AB73 & PVE3RP) are used to support and reference the survey network and verify the recovery of the reference frame. This survey included 10 new points set in September 2023, two new points set in July for the Klondike Canyon (Seaside) M37 Monitoring, and a new point KC24 set to replace KC02. Movements of new points will be reported on subsequent surveys. Partial Surveys were conducted on 43? monitoring points in the Winter and Spring of 2024 and included in this Report as Addendums [to be added?]. For details and procedures utilized in this survey but not re-stated here, see the 2021-2022 Monitoring Survey Report published in May 2022 and previous reports. The October 2023 coordinates and the annual October 2022 to October 2023 movements are listed in the attached spreadsheet titled “PB MOVEMENT DATA POSTING (Revised) 2007- Oct2023.xlsx”. An annual summary is listed below. A-24 RPV Portuguese Bend : Monitoring Survey McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 2 of 9 The horizontal and vertical positions of the monitoring points are based on the North American Datum of 1983 (NAD83) Epoch 2007.00 and the North American Vertical Datum of 1988 (NAVD 88) Datums (reference frames). The NGS Geoid 03 is used to model orthometric heights (elevations) based on measured ellipsoid heights referenced to NGS Benchmarks. Although more current models are available, Geoid 03 is retained to maintain relative height differences over time as explained in said May 2022 Report. The latitudes and longitudes determined by GNSS measurements are projected into NAD83 California State Plane Coordinates Zone 5 in US Survey Feet. The method for recovering the monitoring survey reference frame was modified in 2019 to improve the efficiency and simplify the processing and analysis of the monitoring surveys. Since 2007, Point AB02 (at the south end of Portuguese Point) has proven to be stable relative to PVE3 ((a California Spatial Reference Center (CSRC) Continuously Operated GPS Station (CGPS) at City Hall)). The previous procedure was modified by fixing point AB02 instead of PVE3 and checking to PVE3RP (a PK Nail set on the concrete base of PVE3 for a reference mark to PVE3). The proven positions relative to PVE3 are listed below. Pt# Latitude Longitude NAVD88 Ht Source) AB02 33-44-13.84878 118-22-26.19243 116.47 ft Oct. 2018 position PVE3RP 33-44-35.74239 118-24-15.27451 346.88 ft Average of 5 years Comparing the positions of AB02 on Portuguese Point with PVE3RP at City Hall provides a redundant verification that the reference frame is stable and successfully recovered for each monitoring survey. The rate of movement (velocities) of the landslides have increased over the past five years compared to the previous 12-year average. A notable increase in the velocities of the landslides were observed between the October 2022 and May 2023, with additional increases in velocities observed between May and July and again between July and the October 2023 survey. See “Assessment of Movements & Accelerations” addressed on Page 8. Notwithstanding the 2019 process noted in the above paragraph, the processing of observations was necessarily modified for this fall survey as follows. The October 2023 observations were processed as follows. The Base Station AB73 was occupied over a six-day period and was found to have moved about 0.016 feet per day as were other monitoring points in the slides. To determine accurate position and therefore precision movements it was necessary to determine a daily position of AB73. This was accomplished by processing the static data collected each day at AB73 with static data downloaded from the CSRC for PVE3 and PVHS. PVE3 is and has always been the basic constraint for the monitoring survey’s reference frame. PVHS was used to verify the stability of PVE3. Subsequently positions of AB73 were computed for each day referenced to PVE3. The identity for processing the daily observations of AB73 and related RTK measurements was to assign to AB73 the identity of AB731, AB732, AB733, AB734 & AB735 for days 1 through 5 occurring on October 8, 9, 10, 11 & 13. AB61 and AB20 have previously served as suitable GNSS Base Stations for referencing measured positions of the monitoring points. AB61 is no longer accessed due to its environmental sensitivity. Presently AB73, located on the US Pony Club property, is utilized as the Base Station. Access was obtained unilaterally by MSC from the Pony Club manager. MSC has exclusive permission to enter the property which is confirmed prior to each survey entry with the understanding that strict driving protocols are observed. This privilege at this time does not extend to others. Point AB73 was not a planned monitoring point but given the increased rates of movement, it fills in a gap between AB20 and AB50 and moves consistent with AB20. The Fall 2023 Survey is the 38th Monitoring Survey. For data management purposes the point names are prefixed with a sequential monitoring number to distinguish subsequent surveys. For example, on the 16 th monitoring survey, AB02 was named M16AB02 where M16 indicates the sequence number since the first Monitoring Survey “M01” in September 2007. The prefix is stripped in these Reports. A-25 McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 3 of 9 A-26 Portuguese Bend: Monitoring Survey McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 4 of 9 GNSS Survey Parameters, Metadata & Equipment Date of Annual Initial Survey: M38 – October 10, 2023 (mean date) between 0800-1700 PDST (+7 hrs for UTC). Constellations: GPS (31 Satellites), Russian GLONASS (23 Satellites), Galileo (23 Satellites) and Beidue (40 Satellites). Observables: L1 & L2 Carrier Waves on GPS, GLONASS and Beidue; and four Carrier Waves on Galileo Satellites Data Epoch Rate - 0.2 seconds (20HZ) at the GS18 RTK Rover; 1 second RTK at the GS18 Base Satellites: 20-40; GDOP: < 2; Elevation Mask: 0° at the Rover and Base Station Ephemeris: Broadcast for RTK vectors. Weather: Mostly calm clear skies, temperature 65-75° F, no significant weather. Space Weather: Boulder K Index 1-3 averaging 2 (gauges ionospheric activity on a scale of 0-9; less than 6 preferred) Equipment: GNSS Base Receiver Unit No.: M11, Operator: M. McGee, PLS; Occupied Base Station GNSS Rover Receiver Unit No.: M10, Operator: M. McGee, PLS Make & Model: Leica GS18T with integrated Antenna; Mount: Fixed Height Pole #4 Processing & Adjustments: Leica Infinity v4.0 and "Starnet-PRO” version 11.0.6 Software Prior to 2019, geodetic grade GNSS receivers collected static satellite signal data for post processing. The instrumentation was upgraded in 2020 to a Leica GS18 Base with a GS18T RTK Rover operating in real-time with an FM radio system which utilizes the latest technology to deliver increased productivity and precision of point positions. The GS18 receiver incorporates an Inertial Measurement Unit and tracks four Global Navigation Satellite Systems (GNSS) including GPS, GLONASS, Galileo and Beidue Satellites. The differences in two measured vectors are acceptable if they fall within 0.03 feet (1 cm) horizontally; otherwise, additional measurements are obtained. Experience has shown the independent measurements agree generally 0.02 feet. ADJUSTMENTS & ANALYSIS Network Adjustment: A minimally constrained adjustment is utilized to develop NAD83 (2007) 2007.00 Epoch Zone 5 State Plane Coordinates and NAVD88 Heights of the monitoring points. The NAVD88 orthometric heights (elevations) are determined by combining the measured ellipsoid heights with the Geoid03 Model. Previously, Point AB02 was fixed, and the stability verified relative to PVE3RP which is two miles westerly outside the influence of the land movements and noted above. AB02 is expected to be stable and unaffected by the land movement; however, due to the substantially increased rates of movement resulting in dynamically differential movements across the slide complex the process was modified to produce accurate positions as noted above. This was accomplished by computing daily positions on the Base Station AB73 (AB731, AB732, AB733, AB734, AB735) relative to the reference frame fixed at PVE3 also noted above. Listed here are the differences. Differences in Feet ID dN dE dZ_ AB02 -0.022 -0.008 0.000 Fixed Elevation & Horizontal Check PVE3RP -0.010 -0.003 -0.055 Closure Check from PVE3 to AB73 to PVE3RP at City Hall PVE3 0.000 0.000 Fixed Horizontal, CGPS Station at City Hall PVHS -0.035 0.003 Horizontal Check on CGPS Station 2 Miles North of PB Comments: Fixing PVE3 (original 2007 constraint) finds the differences at PVHS, PVE3RP or AB02 are insignificant measurement noise. Given that AB02, PVE3RP, PVE3 and PVRS are in good relative agreement, the survey reference frame is deemed stable and successfully recovered from which local land movements were determined. ACCURACY STATEMENTS Vector Residuals: The two-dimensional vector residuals average 0.012 feet and the absolute value of the vertical residuals average 0.016 feet as listed below. The vector residuals are based on a network adjustment of independent point positions. Vector Lengths(ft) Two Dimensional Residuals Absolute Vertical Residuals Vary Average Average Std.Dev. Maximum Average Std.Dev. _ Range 131-16391 3792 0.012 0.006 0.029 0.02 0.02 -0.03 to +0.08 A-27 McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 5 of 9 Movement Accuracy: A point is deemed to have moved if, at the 95% level of confidence the horizontal movement (signal) of a point between two epochs is greater than the 95% Error (noise). Based on multiple independent occupations, the horizontal (2D) movements reported between October 2022 (M34) and October 2023 (M38) statistically attained a relative average accuracy of 0.014 feet at the 95% Level of Confidence with a Standard Deviation of 0.004 feet and a Range of 0.01 to 0.03 feet. See the attached file “PB MOVEMENT DATA POSTING (Revised) 2007-Oct2023.xlsx” for movements and errors estimates. Table of Annual Movements of Monitoring Points 2D Horizontal and Vertical Movements in Feet (M34) October 10, 2022 to (M38) October 10, 2023 = 12.0 Months Listed below are the movement Azimuths (directions from North) in degrees, the two-dimensional horizontal movements and vertical (elevation) changes during the period. Units are in US Survey Feet. See the attached spreadsheet “PB MOVEMENT DATA POSTING (Revised) 2007-Oct2023.xlsx”. Note: The horizontal measured movement confidence is estimated at +/-0.02’ (1/4”); therefore, movements of less than 0.03’ are statistically indeterminate. The estimated vertical measured movement confidence is +/-0.05’. *Control Point: Verifies Stability of Reference Frame. Point ID Azimuth° Horizontal Movement Vertical Movement Point ID Azimuth° Horizontal Movement Vertical Movement AB01 244 0.06 0.0 KC02 196 1.99 0.1 AB02 201 0.02 0.0 KC05 219 0.88 -0.1 AB04 223 4.80 -0.6 KC06 253 1.34 -0.5 AB05 231 3.51 -0.6 KC07 256 0.02 0.0 AB13 198 2.48 -0.6 KC13 193 0.70 0.1 AB16 191 1.20 0.0 KC14 259 0.12 -0.1 AB17 187 0.06 0.0 KC15 233 1.36 -0.4 AB20 199 3.06 -0.1 KC16 251 0.03 0.0 AB24 198 2.68 0.0 KC17 222 1.24 -0.3 AB50 236 1.99 0.2 KC18 202 2.86 -0.3 AB51 202 2.05 -0.2 PB04 203 3.62 -0.3 AB53 192 2.75 -0.4 PB06 200 3.35 -0.3 AB57 169 2.37 -0.7 PB07 201 3.85 -0.1 AB58 183 2.22 -0.4 PB08 201 3.61 0.0 AB59 186 3.17 -0.8 PB09 198 3.49 -0.1 AB60 204 2.69 -0.3 PB12 200 4.67 -0.3 AB62 203 3.73 -0.4 PB13 201 3.83 0.1 AB63 207 3.58 -0.9 PB18 187 3.51 -0.5 AB64 155 0.35 -0.1 PB20 199 4.23 -0.4 AB65 167 1.49 -0.3 PB21 195 3.93 -0.6 AB66 196 2.29 -0.5 PB26 192 3.94 -0.4 AB67 180 1.12 -0.2 PB27 195 4.18 -0.8 AB68 193 2.03 -0.6 PB29 200 4.02 -1.0 AB70 203 2.97 -0.1 PB54 196 3.39 -0.2 AB71 158 1.76 -0.6 PB55 199 3.86 -0.8 AB73 203 3.00 -0.3 PB59 199 4.11 -0.6 CR07 171 1.87 -1.6 PB67 194 5.93 -0.8 CR50 225 0.11 -0.1 PB68 202 3.49 -0.1 CR51 223 0.08 0.0 PB69 202 3.91 -0.3 CR53 231 0.21 0.0 PB70 207 3.58 -0.8 FT06 192 3.66 -1.7 PB71 198 3.65 -0.4 FT08 257 0.06 0.0 UB02 189 4.17 0.3 FT09 271 0.08 -0.1 *PVE3RP 195 0.01 0.0 A-28 McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 6 of 9 MONITORING POINT MONUMENT NOTES & STATUS See the May 2022 Survey Report for prior monument notes. 2023: 13 points added to the monitoring program as listed below MONITORING POINT MONUMENT DESCRIPTIONS For the NAD83 (2007) Epoch 2007.00 California State Plane Coordinates Zone 5 and NAVD88 Heights, see the attached file “PB MOVEMENT DATA POSTING….” Spreadsheet. See Point Descriptions Sheets for more details. Point Brief Description Points added in October 2023 PB72 2" mag nail & washer in conc. in 2"x 24" GIP Collared in Concrete PB73 2" mag nail & washer in conc. in 2"x 24" GIP Collared in Concrete PB74 2" mag nail & washer in conc. in 2"x 24" GIP Collared in Concrete PB75 2" mag nail & washer in conc. in 2"x 24" GIP Collared in Concrete CR54 2" mag nail & washer in conc. in 2"x 24" GIP Collared in Concrete CW06 Found ½” x 48” Punched Rebar in Concrete Collar CW08 Found 2” Mag nail in Concrete Base of 3’ Pedestal KC19 2” Mag Nail Drilled in a Concrete Curb on South side of Dauntless KC20 2” Mag Nail Drilled in a Concrete Curb on West side of Excelsior KC21 2" mag nail & washer in conc. in 2"x 24" GIP Collared in Concrete KC22 2" mag nail & washer in conc. in 2"x 24" GIP Collared in Concrete KC23 2” Mag Nail Drilled in a Concrete Curb on South side of KC24 2” Mag Nail Drilled in the Southwest Corner of a Concrete Vault for Drop Inlet; Replacement for KC02 Addendum No. 1 Monitoring Survey No. M39 Report Portuguese Bend Landslide Monitoring February ??, 2024 Partial Monitoring Survey Information to be completed after the February 2024 Survey Addendum No. 2 Monitoring Survey No. M40 Report Portuguese Bend Landslide Monitoring May ??, 2024 Partial Monitoring Survey Information to be completed after the May 2024 Survey A-29 McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 7 of 9 Information to be completed after the February & May 2024 Surveys Horizontal confidence in measured movements is estimated at +/-0.02’ (1/4”) at 95%; movements of less than 0.03’ are statistically indeterminate. The estimated confidence in measured vertical movement is +/-0.05’. “Partial Monitoring” Movements Periodic Horizontal & Vertical Movements in US Survey Feet Oct. 10, 2023 (M38) To Feb. ??,, 2024 (M39) to Oct. 10, 2023 (M38) to Feb. ??, 2024 (M39) =4.5? mo May ??, 2024 (M40) = 3.0 mo May ??, 2024 (M40) = 7.0? mo Monitoring Point Horizontal Distancs Vertical Change Monitoring Point Movement Distance Vertical Change Monitoring Point Horizontal Distance Vertical Change A-30 McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 8 of 9 ASSESSMENT of MOVEMENTS & ACCELERATIONS Others had performed monitoring surveys of land movement between 1994 and 2006. MSC assumed responsibility for the Portuguese Bend Monitoring Program in 2007. The annual measured movements between 2007 and 2018 were fairly small and stable as shown below by the averages and maximums of a sampling of points for the 2014-2018 period compared with the 2018-2022 period. In the fall of 2019, the annual average rate of movements (velocities) increased 4 to 6 times and then remained stable for the next four years as shown below for the 2018-2022 period. Note: The year is defined as the 12-month rainy season beginning October first each year. Annual Average Movements in Feet, Maximum Movements & Change in the Average of a Sample of Points 2014-2018(4 Yrs) 2018-2022(4 Yrs) Change in ID Average Max. Average Max.__ _ Average AB20 0.09 0.20 0.48 0.54 +5X AB53 0.07 0.18 0.43 0.49 +6X AB68 0.05 0.11 0.31 0.32 +6X CR07 0.06 0.13 0.30 0.32 +5X KC06 0.04 0.09 0.16 0.22 +4X PB55 0.89 1.31 0.89 1.23 +1X (No Change) Then in the last twelve months between October 2022 and October 2023, the annual rate of movements accelerated again. The table below shows a sample of points within the Abalone Cove, Klondike Canyon and Portuguese Bend Landslides. The left half of the table compares the annual movements and rate of movements per month for the October 2021-October 2022 with the October 2022-October 2023 period. The annual rate of movement for the sample averages for each landslide increased 6, 8 and 5 times respectively in the last 12 months. However, in the last 12-month period (October 2022-October 2023), accelerations are noted in the first seven months and again in the last five months as shown in the right half of the table below. In the first seven months of October 2022-October 2023, the average rate of movements for these samples in each slide increased 3, 4 and 2 times respectively over the previous 12-month period (October 2021- October 2022). In the last five months of October 2022-October 2023, the average rate of movements for the samples in each slide increased 4, 4 and 3 times respectively over the previous seven months. Movements & Rate of Movement per Month in US Survey Feet M32 > M34 (12 Mo.) M34 > M38 (12 Mo.) M34 > M36 (7 Mo.) M36 > M38 (5 Mo.) Point Oct '21 > Oct '22 Oct '22 > Oct '23 Oct '22 > May '23 May '22 > Oct '23 Movement Rate/Mo Movement Rate/Mo Movement Rate/Mo Movement Rate/Mo AB20 0.51 0.042 3.06 0.255 0.84 0.119 2.22 0.444 AB53 0.49 0.041 2.75 0.229 0.74 0.105 2.01 0.403 AB58 0.41 0.034 2.22 0.185 0.60 0.085 1.62 0.325 AB60 0.45 0.038 2.69 0.224 0.80 0.114 1.90 0.379 AB67 0.18 0.015 1.12 0.094 0.32 0.046 0.80 0.160 AB68 0.32 0.027 2.03 0.169 0.54 0.077 1.49 0.299 AB70 0.48 0.040 2.97 0.248 0.84 0.120 2.14 0.427 CR07 0.31 0.026 1.87 0.156 0.44 0.062 1.43 0.287 Av Move 0.39 0.033 2.34 0.195 0.64 0.091 1.70 0.340 KC06 0.16 0.014 1.34 0.111 0.33 0.047 1.01 0.202 KC13 0.09 0.007 0.70 0.058 0.19 0.027 0.51 0.102 KC17 0.14 0.012 1.24 0.104 0.31 0.044 0.93 0.187 Av Move 0.13 0.011 1.09 0.091 0.27 0.039 0.82 0.163 PB55 0.80 0.067 3.86 0.321 1.06 0.151 2.80 0.560 PB70 0.72 0.060 3.58 0.299 1.14 0.163 2.44 0.488 Av Move 0.76 0.063 3.72 0.310 1.10 0.157 2.62 0.524 A-31 McGEE SURVEYING CONSULTING 5290 Overpass Road, Ste#107, Santa Barbara, CA 93111 Page 9 of 9 RECOMMENDATION Continuity in consistency of the methods, precision and reporting are necessary to continue to evaluate survey results relative to the prior 2007-2024 monitoring survey campaigns. These monitoring survey campaigns require the services of an independent GNSS/Geodetic expert to evaluate and validate results to assure program integrity. Clearing foliage and tree trimming are a necessary on-going task to assure as much sky visibility as possible for tracking satellites to obtain the required precision and productivity. Although improvements in GNSS (GPS) technology and additional constellations help mitigated some of these issues. Points AB13, AB16, AB17, AB51, AB58, AB66 and PB18 are examples of points with limited sky visibility benefiting from annual clearing. SURVEYOR'S STATEMENT This is the Fall 2023 through Spring 2024 Report on the procedures, criteria, and results of the City of Rancho Palos Verdes Portuguese Bend Landslide Monitoring Surveys. This survey was performed, and Report prepared by me on October 30, 2023 and updated June ??, 2024 at the request of Ramzi Awaad, City Engineer of the City of Rancho Palos Verdes. A-32 m~/L~ Michae l R. 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' A-76 A-77 ----n a t .,,...... . ....--"-------- A-78 A-79 -- ~ - , ~ ' A-80 CSA Project No. SC6022 MEMORANDUM TO: Katie Lozano, Open Space Manager CC: Ara Mihranian, City Manager William Wynder, Elena Gerli, and John Fox, City Attorneys Cory Linder, Director of Recreation and Parks Ramzi Awwad, Public Works Director Taylor Fox, Senior Park Ranger FROM: Michael Phipps, CEG 1832, Contract City Geologist Christopher Dean, CEG 1751, Contract City Geologist Matthew Janousek, GE 3005, Contract City Geotechnical Engineer RE: Preliminary Geotechnical Assessment of Recent Land Movement in the Portuguese Bend Reserve and Impacts to Burma Road Trail, Rancho Palos Verdes DATE: September 29, 2023 _____________________________________________________________________________________________________________ INTRODUCTION In accordance with your request, this memorandum has been prepared to provide a preliminary geotechnical assessment of recent land movement within the Portuguese Bend Reserve (PBR) with a specific focus on the impacts of land movement to the Burma Road Trail. We understand that the PBR is one of the City’s most popular land reserves, it is heavily used by the public for recreation and is also used by public utilities including Southern California Edison and California Water Service Company. A portion of the PBR is underlain by the historically active Portuguese Bend Landslide (active since 1955-56) as well as the Ancient Portuguese Bend Landslide Complex. Some areas of the Reserve are now experiencing significant land movement and ground surface manifestation that is beyond the limits of the historically active and previously mapped Portuguese Bend Landslide, resulting in damage to trails and fire roads which provide access for public safety, utilities, maintenance, conservation, and public recreation. Cotton, Shires and Associates, Inc. (CSA) geologists have been requested by the City to observe various landslide-related issues in the Reserve involving damage to trails since 2021 and the SCE transmission lines along Burma Road since the summer of 2022. In 2021 we also began a detailed review of Global Positioning Satellite (GPS) monitoring data for survey monuments both within and outside the PBR, including points within the Abalone Cove Landslide, Klondike Canyon Landslide, and elsewhere within the Ancient Portuguese Bend Landslide Complex. A comprehensive reconnaissance of the PBR was conducted by vehicle with City staff on June 28, 2023. Following this field visit, the City’s Open Space Manager requested a report addressing the following items: A-81 ~COTTO ,SIDRESANDASSOCIATES,I C . ... CO SULTING E GINEERS AND GEOLOGISTS • Information and a map presenting our observations of where new landslide scarps are forming; • An evaluation of whether Burma Road is currently able to accommodate vehicles, ranging from smaller Park Ranger trucks to heavy equipment used by utility companies and fire department, and if it is currently able to accommodate vehicles, an estimate of how long the road will remain stable; • Recommendations for re-routing Burma Road (if necessary) to areas less prone to land movement as the fire road is needed for the City, fire department, and utility companies; • Consideration of recommendations for additional warning signage due to the increased land movement to warn recreational users (hikers, bikers, horseback riders) and authorized outside agency personnel who drive the Reserve fire roads; • Recommendations for a maintenance plan to fill fissures and keep Burma Road passable to pedestrians and vehicles, as the fissures have become too significant for park rangers to fill in with shovels. This memorandum will address these requested items, based upon our field observations and geologic mapping, analysis of GPS monitoring data, background knowledge of the area, and professional experience. PREVIOUS WORK Previous City-requested reconnaissance and observation of trail conditions in the PBR performed by CSA geologists have included the following: • 8/27/21: Burma Road trail reconnaissance (fissures/ground movement) • 9/29/21: Burma Road and Garden Trail reconnaissance (fissures/ground movement) • 1/5/22: Burma Road trail reconnaissance (fissures/ground movement) • 8/31/22: Burma Road trail reconnaissance, meeting with SCE contractor and City staff, (regarding power pole relocation due to fissures, ground movement) • 3/8/22: Upper Burma Road trail reconnaissance (rockfall hazards) • 4/5/23: Burma Road Trail, Garden Trail, and Rim Trail reconnaissance (fissures/ground movement) Findings and recommendations from these field visits have been routinely documented by either memoranda or email addressed to City staff. Recent published documents include memoranda dated February 9, 2022 (Burma Road/Rim Trail Junction) and May 19, 2023 (SCE Power Pole Relocation, Burma Road). Preliminary geologic mapping of the upper limits of active landsliding along the Burma Road trail and vicinity was performed on June 28, 2023 and supplemented on September 22, 2023; however, this work is incomplete and requires additional field effort. Because of the steep terrain, large mapping area, and thick (inaccessible) vegetation in some areas, we have supplemented our field mapping with photo- geologic mapping utilizing high-resolution Nearmap (vertical aerial) imagery captured on January 17, 2023 and June 17, 2023. A-82 FINDINGS Geologic Mapping: The Ancient Portuguese Bend Landslide Complex (APBLC) was first mapped by the U.S. Department of the Interior Geological Survey (aka, USGS) in 1946 (shown as white area with black dashed lines in the image below) and occupies a broad area on the south side of the Palos Verdes Peninsula from the crest of peninsula to the Pacific Ocean. U.S. Department of the Interior, 1946, Portion of Geologic Map of the Palos Verdes Hills, Los Angeles County, California Within the APBLC, several large landslide masses have reactivated since the 1950s, including the Portuguese Bend Landslide, Abalone Cove Landslide, Klondike Canyon Landslide, and Beach Club Landslide. The Flying Triangle Landslide is in similar but higher terrain northeast of the Portuguese A-83 Bend Landslide but is not considered part of the APBLC on regional geologic maps. These landslides are depicted on the California Geological Survey’s Landslide Inventory Map of the Palos Verdes Peninsula (2007, image below). California Geological Survey, 2007, portion of Landslide Inventory Map of the Palos Verdes Peninsula Burma Road (and Trail) is located along what was previously proposed to be the Crenshaw Boulevard Extension, until the Portuguese Bend Landslide reactivated in 1956. The lower reach of Burma Road trends southeast immediately uphill from the headscarp of the Portuguese Bend Landslide. Previous site visits by our staff to the Burma Road area within the PBR beginning in 2021 were primarily in response to reported “fissures” forming in multiple locations across trails. We understand that City ranger staff have been routinely filling in the fissures with soil using hand tools. At other times heavier grading equipment has been reportedly used by Cal Water to fill fissures and maintain the Burma Road access to their facilities. Recent field mapping and GPS data suggest that these fissures are in fact the incipient manifestations of headward enlargement of the Portuguese Bend Landslide as well as an upslope manifestation of accelerated movement of a portion of the Ancient Portuguese Bend Landslide A-84 Ac::f 1\-!' Piif-fU~a S2 &:md l!..a-m1sidti o ·· .. Complex west of the active Portuguese Bend Landslide boundary. Four significant landslide scarps, which initially manifested as ground cracking and small fissures in Burma Road, have now formed across Burma Road, generally between the Eagle’s Nest Trail intersection on the west and the Rim Trail intersection on the east. Figure 1 (attached) was prepared on a Nearmap vertical color image taken January 17, 2023. The approximate limits of the active Portuguese Bend Landslide are depicted in red. The upper area of recent headward enlargement of the Portuguese Bend Landslide is depicted with yellow lines delineating landslide scarps which can be seen crossing Burma Road in at least seven locations. While the Burma Road trail has been repeatedly maintained by minor grading-leveling across these features, the scarps have grown in height and width adjacent to the road over time, and in some locations, grabens (wide pull-apart fissures) have formed in response to significant landslide movement. If not maintained in this manner over the past several years, landslide scarps ranging from 1 to 8 feet in height would extend across the road making it impassable to vehicles, cyclists, and even pedestrians. The most severe location is the western (and uppermost, elevation-wise) scarp located between the Water Tank trail and Eagle’s Nest Trail intersection with Burma Road. The landslide displacement at this location has produced a scarp 6 to 8 feet in height and significantly displaced an SCE power pole that is now leaning approximately 35-40 degrees out of plumb. Other scarps across Burma Road southeast of this location are smaller, generally ranging from 1 to 4 feet in height adjacent to the road. Of note is that these scarps have grown substantially in size since our June 28, 2023 reconnaissance. The downslope limits of the new landslide scarps (yellow contacts on Figure 1) appear to be directly connected to the Portuguese Bend Landslide at the eastern end; however, at the western end they are not well-defined at the ground surface and additional field mapping is necessary to further delineate the western margin. The western margin was observed crossing Kubota Trail and trending toward the Vanderlip Trail, where it was lost in heavy vegetation. It is important to note that the western extent of this new landslide movement is somewhat west of the head of the Portuguese Bend Landslide. It is our interpretation that the western extent of this new landslide movement is occurring in response to long-term creep displacement and recent acceleration of movement of the Ancient Portuguese Bend Landslide Complex (APBLC) since October 2018. GPS Survey Monitoring Data Review: GPS monitoring of survey monuments throughout the APBLC area has been performed tri-annually since 2007 by McGee Surveying Consulting. In their June 6, 2023 Survey Report, McGee stated: “In the last seven months the movement velocities have accelerated over the average velocity for the previous four years which saw an acceleration over the previous 15-20 years……Velocities were stable prior to 2018. After the Fall of 2018 they increased about 3 to 6 fold at most points and remained stable to the Fall of 2022. In the last seven months since the Fall of 2022 the velocities generally have doubled more or less.” This is a significant and important observation from the surveyor and comports with the past several years of field observations by CSA staff of roadway distress and trail distress within the PBR, as well as reports of street distress, building distress and utility line breaks throughout the various known landslide areas. We have prepared several graphics based upon our own analysis of the GPS survey A-85 monitoring data to further illustrate what is happening with the landslide ground movement. Figure 2 (attached) depicts horizontal displacements (in feet) and ground displacement vectors, for 12 selected GPS survey monuments mostly located in the mid and upper Ancient Portuguese Bend Landslide Complex. These figures are based upon McGee’s GPS monitoring of the survey monuments from October 2018 to May 2023 (with the exception of two monuments which were last read in October 2022, PB18 and AB71). Four of these monuments were also read in mid-July, 2023 and those movement data are also presented. Two of the monuments, CR07 and FT06 are located on Burma Road outside of the Portuguese Bend Landslide and indicate 1.67 feet and 3.09 feet of horizontal displacement over the ~4.5- year period. The CR07 point moved an additional 0.42 feet in two months (through July 15, 2023), which translates to ground movement velocity of about 2.5 feet per year. Most of the other points on this figure are in the Ancient Portuguese Bend Landslide Complex (and mostly in LMA Zone 2) and are indicating total displacements of approximately 1 to 3 feet (or average velocities of about 0.22 to 0.67 feet/year across the ~4.5-year period). Several of these points in LMA Zone 2 that were also monitored in July, 2023 showed continued acceleration from May to July 2023, with calculated velocities of ~1.25 feet/year at AB67 to ~3.9 feet/year at AB53. These are extraordinary rates of landslide movement that, to our knowledge, have not been previously documented in the LMA Zone 2 area. We have also reviewed and analyzed cumulative and incremental displacements from 2007-2023 for six select survey monitoring points that are generally in the upper Portuguese Bend Landslide/Burma Road area, including three points that are in the Ancient Portuguese Bend Landslide Complex west of the historically active Portuguese Bend Landslide (i.e., in Landslide Moratorium Area Zone 2). These six points are identified as: • CR07 adjacent to Burma Road Trail; • PB54 located within the “Landward Subslide” of the Portuguese Bend Landslide Complex; • AB53, AB58 and AB59 located within the Ancient Portuguese Bend Landslide Complex (Landslide Moratorium Zone 2); and • FT06 adjacent to Burma Road Trail southeast of the Rim Trail intersection. We have analyzed incremental displacement of these points versus 12-month antecedent rainfall, as a measure of the landslide response to rainfall (Figure 3). A graph of cumulative displacement of these points since 2007 is also presented in Figure 4. This graphed movement data indicates a clear acceleration of movement beginning in late 2018 (as noted in the area labeled inflection point). Accelerated landslide movements since late 2018 appear to be correlative with significantly above- normal rainfall in three out of four rainfall seasons (2016-17, 2018-19 and 2019-20) which followed five consecutive drier than normal rainfall seasons (2011-12 through 2015-16). The extraordinary rainy season of 2022-23, where rainfall totals were more than 200% of average, has resulted in further acceleration based upon limited monitoring data. A significant concern is that the movement velocities have not declined back to the pre-2018 levels despite two significantly below-normal rainy seasons (2020-21, one of the driest on record, and 2021-22). Also of note is that our rainfall data do not include the impacts from Tropical Storm Hilary which dropped several inches of rain across most of southern California in August, 2023. A-86 CONCLUSIONS AND RECOMMENDATIONS Landslide movements throughout the Ancient Portuguese Bend Landslide Complex outside of the historical boundary of the Portuguese Bend Landslide previously exhibited relatively low rates of creep movement in the 11-year monitoring period of 2007-2018 for which we have readily available data. Beginning in late 2018, and through the present, the survey data indicate a significant acceleration of landslide movement. The movement of the Portuguese Bend Landslide also accelerated in this timeframe. The cumulative displacements over this time have now manifested as headward enlargement of the Portuguese Bend Landslide as well as new active landslide masses forming northwest of the Portuguese Bend Landslide crown in Landslide Moratorium Area Zone 1, upslope from LMA Zone 2. These new actively moving landslide masses are directly impacting Burma Road and threaten future accessibility. We understand this issue is also exceeding current resources (i.e., ranger staff) to monitor and maintain the safety of the trails; primarily the heavily used Burma Road Trail. At this time, we consider this to be a critical and evolving situation that poses risks to the general public who are accessing the PBR for recreation, to utility infrastructure that traverses the landslide area, and to accessibility for other stakeholders including conservation groups and the fire department. It is evolving because we are days from entering the rainy season and most meteorologists and climatologists that we follow are citing development of El Nino conditions in the Eastern Pacific Ocean and these are frequently associated with wetter-than-normal rainfall conditions in southern California. We are also awaiting receipt of the fall GPS survey data which are typically gathered in early October. To address the City’s specific items, we offer the following: Landslide Maps: For the purposes of this memorandum, a landslide overview map (Figure 1, attached) was prepared to illustrate the entire affected area and impacts to Burma Road. We conducted field mapping on much larger scale maps which allow for presentation of detailed observations; however, these were not formally drafted and produced due to time constraints. We recommend that additional field mapping be performed in an effort to further define the limits of active landsliding. Drafted larger scale maps will be provided if necessary and/or upon request, to provide details in specific areas. Burma Road Conditions and Maintenance Considerations: Given the current landslide movement velocities, the newly identified landslides impacting Burma Road are active and considered unstable. Burma Road only remains passable because of the reported efforts of other stakeholders to level the ground surface across the landslide areas with larger equipment, in response to the creeping landslide movement. We anticipate that the landslide movement will continue and is likely to be exacerbated by the 2023-24 rainy season regardless of whether it is wetter or drier than historical averages. The filling of fissures crossing the road with manual labor (by park rangers) has become untenable and such measures are reportedly proving to be short-lived. The fissures, which are developing landslide scarps, have widened and deepened in some areas due to significant ground movement. Smaller vehicles (ranger trucks) are typically 2-3 tons and present lower risks when crossing the landslide areas; A-87 however, larger, heavier vehicles including fire trucks which typically weigh 10 to 20 tons present a much larger transient load across the landslides, thus presenting a relatively greater risk. Currently it is our opinion that Burma Road Trail should be closed to the public across the landslide area unless it can be monitored on a daily basis by the park rangers. This is due to active landslide movement directly impacting the road and posing significant risks to pedestrians, cyclists and horseback riders. Ground leveling efforts to keep the road passable for vehicles may continue; however, crews should avoid placing earth fill directly on the landslides because it adds weight and is a driving force of landslide movement. Continued notching (lowering) of the trail approaches to the landslide scarps may be the only effective solution in the short-term to maintain passage of vehicles. Care should also be given to avoid ground-alterations that would direct more Burma Road drainage directly into the landslide areas. Burma Road Re-routing Considerations: Burma Road and trail occupy a portion of wider, leveled ground graded during the proposed Crenshaw Boulevard extension (circa 1955-56). Several of the new landslide scarps extend to near the north edge of the previously leveled area, thus, there does not appear to be a feasible location to re-route the road through these areas. Furthermore, we do not see an opportunity to completely re-route Burma Road outside of the former graded area without consideration of massive grading and drainage improvements in steeply sloping areas, some of which may also be in sensitive habitat area. There are also slope stability concerns north of Burma Road for any considered re-route, and we are currently lacking information due to a lack of GPS monitoring points north of Burma Road. The depth of movement of the new landslides is also unknown and at best could only be estimated based on previous studies of the Portuguese Bend Landslide. Consideration could be given to stabilizing the affected portions of Burma Road in its current location; however, this would require an extensive geotechnical investigation, including geologic mapping, installation of instrumented borings (e.g., slope inclinometer casings and piezometers), laboratory soil testing, extensive slope stability analyses, and design of possible stabilization alternatives. Stabilization, if technically feasible, might require a combination of extensive in-ground structural measures (i.e., steel-reinforced concrete shear pins with tiebacks) and grading. Based upon our experience, such mitigation would likely have a cost in the millions of dollars. Additional Warning Signage: Additional warning signage due to the increased land movement, to warn recreational users (hikers, bikers, horseback riders) and authorized outside agencies who drive the Reserve fire roads, is reasonable and appropriate from a geotechnical perspective, particularly if the City is going to keep Burma Road Trail and other potentially affected trails open to the public. As mentioned above, the new landslide areas impacting Burma Road and Trail are currently unstable. The landslide areas are currently moving (creeping) at velocities that are generally imperceptible to humans and may seem innocuous from that perspective; however, over short periods of time the movement creates significant hazards to trail users due to differential ground movement with associated ground cracking and fissuring within the landslide masses as well as scarp formation at the movement boundaries. A-88 Additional Recommendations: In addition to the specific items requested to be addressed by the City, we have the following comments and recommendations: • CSA previously issued a memorandum regarding the proposed SCE power pole relocation (May 19, 2023). At that time, we noted that the upslope extent of active landsliding had not been geologically mapped (to our knowledge), the depth of landslide movement is unknown, and there is a lack of GPS survey monitoring points north of Burma Road between Portuguese and Paintbrush Canyons. We subsequently stated that due to this lack of information, it was difficult to assess the impacts of future land movements on the proposed power pole relocation areas. It is our understanding that SCE may be considering a larger scale relocation of their transmission line(s) that are currently within the active landslide area, in lieu of the relocation project that we previously reviewed. The existing transmission line along Burma Road is partially supported by power poles located in actively moving landslides and at least two of the power poles have now been severely compromised. This transmission line poses a significant risk if not de-energized. • The above-ground water main which trends along Burma Road traverses portions of the new landslide areas and is lacking ground support (i.e., the pipe is in the air) in some isolated areas. Our concern is that the pipe may not have been designed for such conditions. This should be further evaluated by the utility company responsible for the water main. • Additional geologic mapping (on ground, possibly supplemented with drone photogrammetry) should be performed in an effort to further define the areal extent of new active landsliding. This information will be beneficial to the City for future evaluation of the safety of Burma Road and other trails within the Portuguese Bend Reserve, and also useful to other stakeholders. • Additional GPS monitoring points should be established north of Burma Road, between Portuguese Canyon and Paintbrush Canyon. CSA will assist with recommended locations for these points if requested by the City. We also recommend that the tri-annual GPS monitoring be performed on all monuments in each monitoring session, in lieu of the partial monitoring that has been historically performed in two of the three sessions per year. • Periodic closures of the trail system within the PBR during and immediately after significant rainfall events, as has been the policy of the City, should continue to allow for safety assessment of the trails by ranger staff. • Where feasible, park ranger staff should continue to do routine monitoring and filling of ground fissures on other trails to keep the trails relatively safe; otherwise, the trails should be closed. We hope this memorandum provides the City of Rancho Palos Verdes with the requested information and recommendations regarding Burma Road within the Portuguese Bend Reserve at this time. Please contact us if you have further questions or concerns. -o- A-89 Portuguese Bend Landslide (1956) post-1956 active pre-1955 Headward enlargement of landslide impacting Burma Road Possible headward enlargement west margin uncertain south of Kubota Trail Burma Rd Narciss s a D r i v e Sweetb a y R o a d Ancient Portuguese Bend Landslide Complex Figure 1 A- 9 0 0.05 1.67/2.09 1.55 3.09 1.39 2.01/2.56 2.46/3.11 2.85 0.97/1.18 3.10 1.30 (10/22) 2.18 (10/22) Horizontal displacements and vectors from October 2018 to May 2023/July 2023 Figure 2 A- 9 1 Monitoring Points Figure 3 A- 9 2 .::-a, ~ .... C: a, E a, u 111 C. "' 0 "iii .... C: 0 N ·.::: 0 ::c "iii .... C: a, E a, ... u -= 1 .00 0 .90 0 .80 0.70 0.60 0.50 0.40 0 .30 0.20 0 .10 0 .00 GPS Monitoring Data Survey Monuments -Upper Portuguese Bend Landslide/Burma Road Area Displacement Response to 12-month Antecedent Rainfall c::==:::J P12-Rain -AB-59 ~AB-53 -~-PB-54 ~CR-07 ~AB-58 ~FT-06 .-------------------------------------------------------------~ .... en.--25 .00 r-- 0 cx:i ,-I ("(] m ,-I r-- ,-1 cx:i ,-I <.D ,-I cx:i ,-I 1./') ci N 00 16-yea, me= lnnwl rninfa!L 11.56 inches ci ,-I st N <i N ci ,-I m 0 <.D ~ ~ ~ ~<o ~<o ~ ~ ~ « ~ « ~ « ~ <::f' \v <:)q; \v <:)q; \v <:)q; Date 0 m cri ,-I st r-- <i ,-I <.D <:I: m m ...,; N 20.00 15.00 10.00 5.00 "' a, ..c: u :§. ~ C: ·;; 0:: .... C: a, "C a, u a, .... C: <C ..c: .... C: 0 ::!!: r.i .--1 0.00 0.50 1.00 1.50 2.00 2.50 3.00 3.50 4.00 4.50 5.00 Dec‐08 Jun‐09 Dec‐09 Jun‐10 Dec‐10 Jun‐11 Dec‐11 Jun‐12 Dec‐12 Jun‐13 Dec‐13 Jun‐14 Dec‐14 Jun‐15 Dec‐15 Jun‐16 Dec‐16 Jun‐17 Dec‐17 Jun‐18 Dec‐18 Jun‐19 Dec‐19 Jun‐20 Dec‐20 Jun‐21 Dec‐21 Jun‐22 Dec‐22 Jun‐23 CU M U L A T I V E  HO R I Z O N T A L  DI S P L A C E M E N T  SI N C E  20 0 7  (F E E T ) DATE GPS Monitoring Data Survey Monuments ‐Upper Portuguese Bend Landslide/Burma Road Area Cumulative Horizontal Displacement 2007‐2023 PB‐54 AB‐53 AB‐59 CR‐07 AB‐58 FT‐06 Note:   AB‐53, AB‐58 and AB‐59 are  in Landslide Moratorium Area Zone 2, within the Ancient Portuguese Bend Landslide Complex CR‐07 and FT‐06 are outside the USGS 1946 Ancient Portuguese Bend Landslide Complex PB‐54 is within the Landward Subslide of the Portuguese Bend Landslide (active 1956‐present) inflection point Figure 4 A- 9 3 A-94 A-95 1 Elena Gerli From:Ara Mihranian <AraM@rpvca.gov> Sent:Saturday, September 16, 2023 3:42 PM Cc:William Wynder; Elena Gerli; Cory Linder; Daniel Trautner; Ramzi Awwad Subject:Cal Water Pipe Break - Portuguese Bend Reserve *** EXTERNAL SENDER *** Honorable Mayor and City Councilmembers, There has been another water main break in the Portuguese Bend Reserve off the Vanderlip Trail. This trail was already closed due to a previous water main break. As you can see from the photos, it was like a gushing river. We now have an 8’ to 10’ deep rut in the trail. I must admit they did respond timely to the scene. However, we plan on billing Cal Water for the repairs including staff time. Ara From: Ara Mihranian <AraM@rpvca.gov> Sent: Saturday, September 16, 2023 1:24 PM To: Ara Mihranian <AraM@rpvca.gov> Subject: A-96 Ara Michael Mihranian City Manager aram@rpvca.gov Phone -(310) 544-5202 Address: 30940 Hawthorne Blvd. Rancho Pa los Verdes, CA 90275 Website: www.rpvca.gov DOWNLOAD -. '/1t:r p; I I Ou ,,1dn.11l on lr,4' • AppStore ~ G(T1•0N ,-• Google Play This e-mail message conrains information belonging to the Oty of Rancho Palos Verdes, which may be privileged, confidential, and/or protected from disdosure. The information is intended only for use of the indvidual or entity named. Unauthorized dssemination, dstribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immedately. Thank you for your assisrance and coope@tion. 2 A-97 3 A-98 4 A-99 5 Sent from my iPhone A-100 A-101 A-102 A-103 ,, f~ .. 11f'J, ,~ I".. • .1}[1; ~-... ;~ ~j· ·v' • . -. .... . . :.. " .... ' . . · 'f ,,.,..,1 · ~ ., · ni.:.:..7,;; · • . ••"~-.. -■· . ' ~ . . . '' . ,jJ ;;,, i! • .· ,r.,:,,o<or.,.; • r, .. , ' . ' .. ,. "' ' ' " . -i'.4 ... .., --~ . ;\' ~:J . ""~·Jr,;,,~--~ • , . , , . "l . '< . !'4' ... ~ .. ; • ,, •4,a JI>" .. _ •;,,.,,,.. ;,,,-.. ._. . , ~ J.f, ""i, ,t 't· . ' ) 4 /Y • i . • :-i, ,r ·~ ~1,~ ', ~ ~ ·~ • • ..,. ~ r . . " ...,, ·~u. .. . ~ . ~ • ·y . '..; .:;r, .,:. ... " , . -• • • ~ A- 1 0 4 'i • • ~ ~ . , 11 " ' ~ ' ~~- f ' :" ;, ~~ . . .. . . • • . . . j ( , ., • . • · , · · , ? "jf . i ' , . ' " . . ;- : ~ ; - ~ - , . t I , # ' " . . . " . ,, " ,. , . •. -· .. a.:-◄-· ii . • • :. > On ; • • ' I , / , ( . ~ , " " ' • I ' ~ .. ~ ! 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' et • . . . ! , ' 1 .. , A-106 A-107 A-108 • • ,., t:.;. \\ !I ""'-.~.--· ~ .• ~-~~~ n. ;. ~~ ;-'~,, ..._,...~ 'I' - A-109 ' ~.~ .... , • • I Y/' JS, f ' -! r. • • ~ 'l" -, f I ., . ... t ' . ~- ·" ·, -. -. -~ ~ ... ,~, , A-110 A- 1 1 1 ~ ~ ~ - ~ •. . . . , . A : , l - - ~ ~ : : ~ . , . ' . ~ ' : ~ § ~ - - ~ ~ . , a , v ~ .. . . • ~ . - .. ~ t . J j ~ . ~ ~ ~ - - -~ • " ' l J .• , I ,F ~ - . . . . -- ,, - ~ , . , .. . , / . ,, , • A-112 A-113 •• ' ' ' A <' • ' ' A-114 A-115 A-116 A-117 1 Elena Gerli From:Ara Mihranian <AraM@rpvca.gov> Sent:Friday, September 29, 2023 2:04 PM To:Jerry Duhovic; raynesherman77@gmail.com; KIT & KWI Cc:juxpraetor@aol.com; deirdre_heimer@yahoo.com; Pam Sherman; Lori Givens; Nic Grillo; Anne Cruz; Steve Cummins; cruzanne@gmail.com; Joe Cruz; Karen Miller; smarshall7 @aol.com; PublicWorks; Donny Schmid; Larry Paul; Bob Locke; Noushkam, Nikki [US] (SP); Brandy Forbes; Building and Safety Shared Mailbox; CodeEnforcement; CC; Eva Albuja, Subject:Seaview - Public Message *** EXTERNAL SENDER *** Folks, I am requesng your assistance in disseminang this message to the residents with KCLAD, Seaview and PBC. Residents’ observations and reports indicate that there has been increased subsidence in the Seaview neighborhood over the past 48 hours. In response, the City team is on-site as of the writing of this message. Inspectors will be assessing properties from the street, and will accommodate any requests to inspect the exterior and interior of individual residences. The City’s Geotechnical team is on-site with Public Works Director Ramzi Awwad and will be studying the area west of Schooner including outside the landslide boundary limits since it appears movement is now occurring beyond the existing mapped area. The City is asking that Cal Water personnel be on-site to immediately respond to water main breaks. With recent land movement activity, the City strongly recommends that property owners turn off sprinkler/irrigation watering systems for the foreseeable future to minimize additional water being absorbed into the ground in the vicinity. Additionally, for those properties with swimming pools, if you have experienced some water loss, the City requests that you refrain from refilling the pools at this time and consider emptying your pool to prevent water entering the ground if cracking occurs. The City will reach out in a future correspondence about a possible pool draining schedule, so owners can start considering that next step. The health and safety of the public and the protection of property, infrastructure, and the environment are our top priorities. We are committed to keeping the community informed. You can find answers to frequently asked questions and more information on the City’s webpage, and get updates by subscribing to the Land Movement listserv at rpvca.gov/notify. Have questions? Contact us at landmovement@rpvca.gov. Ara A-118 2 A-119 Ara Michael Mihranian City Manager aram@rpvca.gov Phone -(310) 544-5202 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov DOWNLOAD -11t:r . p; y ti Do,.,nln.Jd on I"''° • AppStore This e-mail message contains information belonging to the Oty of Rancho Palos Verdes, which may be privileged, confidential, and/or protected from disclosure. The information is intended only for use of the incividual or entity named. Unauthorized cissemination, cistribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immeciately. Thank you for your assistance and cooperation. A-120 A-121 KLONDIKE PUMP READINGS AS OF SERTEMBER 28, 2023 KLONDIKE PUMP READINGS GPM GPM (gallons per (gallons per DATE TIME READING minute) DATE TIME READING minute) 1/6/2023 11:30AM 12729700 37 1/12/2023 3:10 PM 13066500 37 1/20/2023 3:30 PM 13503900 37 MONTHLY WATER TABLE READINGS 1/27/2023 9:00AM 13878000 38 DATE Location 1 Location 2 Location 3 2/3/2023 7:00AM 14269200 39 12/22/2022 no water* 91.4ft 97.5 ft 2/11/2023 8:00AM 14730600 41 1/20/2023 no water* 86.5 ft 91.2 ft 2/16/2023 2:50PM 15040500 41 2/23/2023 no water* 84.9 ft 91.4ft 2/23/2023 2:55 PM 15452100 41 3/23/2023 no water* 76.0 ft 82.9 ft 3/3/2023 7:15AM 15906800 42 4/19/2023 120.2 ft 12.0 ft 60.7 ft 3/9/2023 7:00AM 16274600 42 4/26/2023 119.0 ft 12 .5 ft 63.7ft 3/17/2023 2:05 PM 16806200 49 5/5/2023 no water* 15.0 ft 59.9 ft 3/23/2023 3:20 PM 17216000 47 5/10/2023 no water* 15.0 ft . 56.8 ft 3/31/2023 7:20AM 17747800 49 5/17/2023 no water* 12.2 ft. 54.4ft 4/7/2023 4:30 PM 18249400 48 5/25/2023 no water* 14. 5 ft. 51.3 ft . 4/14/2023 2:00PM 18605100 12 5/30/2023 no water* 14.3 ft. 50.S ft 4/19/2023 3:00 PM 18789100 65 6/9/2023 no water* 14.9 ft. 46.9 ft . 4/26/2023 7:05AM 19420300 66 6/14/2023 no water* 12.4 ft 45.6ft 5/5/2023 9:15AM 20297800 64 6/21/2023 no water* 12.S ft 43.2 ft 5/10/2023 9:00AM 20776300 60 6/29/2023 118.9 ft 12.3 ft 40.2 ft 5/17/2023 3:00 PM 21427000 62 7/7/2023 117.8ft 12.0ft 37.7 ft 5/25/2023 3:15 PM 22160000 68 7/14/2023 117.0 ft 12.6 ft 35.1 ft 5/30/2023 1:15 PM 22641700 68 7/20/2023 117.9ft 11.9 ft. 33.3 ft 6/9/2023 6:55AM 23590000 68 7/27/2023 118.3 ft 11.7 ft 36.6ft 6/14/2023 2:15 PM 24078900 70 8/4/2023 113.6ft 11 .9 ft. 27. Oft 6/21/2023 4:45 PM 24802900 70 8/10/2023 113.1 ft 11.9 ft. 25.2 ft 6/29/2023 7:15AM 25536700 67 8/17/2023 112.5 ft 11.5 ft 23.0 ft 7/7/2023 10:40AM 26303900 68 8/24/2023 110.6 ft 11.4ft 20.3 ft 7/14/2023 11:10AM 26981300 68 8/31/2023 108.1 ft 11.0 ft 16.4 ft 7/20/2023 8:30AM 27554400 66 9/7/2023 105.2 ft 8.9 ft 13.1 ft 8/4/2023 11.10AM 28251300 73 9/15/2023 102.9 ft 6.8ft 10.9 ft 8/10/2023 2:30 PM 29760000 73 9/21/2023 101.4 ft 5.7ft 9.7 ft 8/17/2023 8:55AM 30463800 71 9/28/2023 100.1 ft 5.2 ft 8.7ft 8/24/2023 4:15 PM 31214400 72 8/31/2023 3:30PM 31851900 49 9/7/2023 3:35 PM 32354900 51 9/15/2023 11:10AM 32923400 51 9/21/2023 4:40 PM 33379200 51 9/28/2023 3:20 PM 33915200 54 Location 1 outside Klondike lot Location 2 near court # 3 Location 3 in pump box * Probe found no water at the bottom depth of 127 ft. A-122 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov November 6, 2023 Brandy Forbes, Director Community Development Department City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Dear Brandy Forbes: RE: Approval of Urgency Ordinance – Moratorium on Construction within the Greater Portuguese Bend Landslide Complex The purpose of this letter is to provide a determination to the City of Rancho Palos Verdes (City) regarding the request to approve the adoption of Interim Urgency Ordinance No. 674U (Ordinance), prohibiting any construction within the geographic boundaries of the Greater Portuguese Bend Landslide Complex (Landslide Complex). The California Department of Housing and Community Development (HCD) is statutorily required to provide determination regarding proposed moratoria (Gov. Code, § 66300, subd. (b)(1)(B)(ii)). HCD received a request for approval for the proposed Ordinance, met with the City staff, and reviewed relevant materials (e.g., staff letter, resolution declaring a local emergency, Interim Ordinance No. 674U, land movement monitoring surveys, etc.). Upon review of the written materials and discussion with the local jurisdiction, HCD has determined that the current conditions of the Landslide Complex pose an imminent threat to the health and safety of persons residing in the area subject to the Ordinance. Background Since the 1950s to 1970s, three large landslides have been active in the City, including Portuguese Bend Landslide (PBL), Abalone Cove Landslide (ACL), and the Klondike Canyon Landslide (KCL). The Greater Portuguese Bend Landslide Complex or Landslide Complex encompasses these three active landslides. Beginning in May of 2023, land movement has increased in the PBL and KCL complexes. Based on a surveying report of PBL in October 2022 and revised assessment in June 2023, “movement velocities have accelerated over the average velocity for the previous four years, which saw an acceleration over the previous 15-20 years”.1 The accelerating 1 McGee Surveying Consulting, Conditions Assessment Report, dated October 19, 2022 and revised June 6, 2023, Page 2. A-123 land movement has destroyed homes, impacted the Portuguese Bend Reserve, increased water main breaks, and caused roadway and utility line distress. The City established Landslide Moratorium Area in 1978, imposing development restrictions in response to the Landslide Complex. Since then, the City has adopted a series of Interim Urgency Ordinances (Nos. 108U, 139U, 427U, 459U, 526, etc.) to temporarily halt permit processing and construction, and make amendments to enforce appropriate landslide mitigations measures in designated areas (Rancho Palos Verdes Municipal Code sections 15.20.040 and 15.20.050). The proposed Ordinance No. 674U is to encompass the entire Portuguese Bend Landslide Complex (including ACL and KCL). The Ordinance would address an imminent threat to public health and safety and prevent the exacerbation of existing unstable geologic conditions caused by activities related to new construction within the Landslide Complex. During the effective period of this Ordinance, the City will not accept or consider any permit applications, nor issue any permits for construction on any property within the Landslide Complex. This Ordinance also applies to any pending applications and to any permits or entitlements that have issued but upon which construction has not commenced. The City has confirmed that no sites included in its housing element site inventory are within the Landslide Complex. As a result, no such sites are subject to the proposed Ordinance. Pursuant to Government Code section 65858, the City seeks to adopt and enforce the proposed Ordinance that will begin with a 45-day period, following its date of adoption, and if necessary extended for up to 22 months and 15 days. The City is in the process of implementing a large-scale remediation project to stabilize the Landslide Complex. The project will proceed in three phases: (1) repairing existing fractures, (2) improving surface drainage of stormwater, and (3) installing a network of hydraugers. Staff anticipates that 90 percent of the planning and Environmental Impact Report certification will be complete by September 2024, and final engineering and permitting will be complete by September 2025. Local Moratorium Regulations Under the Housing Crisis Act (HCA) Pursuant to Government Code section 66300, subdivision (b)(1)(B)(ii), a city cannot enforce a moratorium that would limit housing development until it has submitted the ordinance to and received approval from HCD. Conditions for imposing a moratorium, or similar restrictions on housing development, must demonstrate “an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area subject to the moratorium” (Gov. Code, § 66300, subd. (b)(1)(B)(i)). A-124 HCD acknowledges the severity of the Portuguese Bend Landslide Complex’s condition and the potential harm to public health and safety, and the environment, and anticipates that the Ordinance will need to be extended beyond the 45-day period, pursuant to Government Code section 65858. HCD hereby approves the adoption and enforcement of Interim Urgency Ordinance No. 674U during the effective period of 45 days from its adoption and its planned extension for up to 22 months and 15 days by the City of Rancho Palos Verdes. Conclusion In summary, HCD approves the adoption and enforcement of the Ordinance and hopes for a speedy resolution of this matter. If you have any questions regarding the content of this letter or would like additional technical assistance, please contact Mehrsa Imani, of our staff, at mehrsa.imani@hcd.ca.gov. Sincerely, Shannan West Housing Accountability Unit Chief A-125 MEMORANDUM TO: BRANDY FORBES, AICP, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: AMY SEERATY, SENIOR PLANNER C DATE: NOVEMBER 7, 2023 SUBJECT: 10-DAY REPORT ON THE CITY OF RANCHO PALOS VERDES’ MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS, ISSUANCE OF PERMITS, AND CONSTRUCTION OF ALL STRUCTURES WITHIN THE PORTUGUESE BEND LANDSLIDE COMPLEX AS REQUIRED BY GOVERNMENT CODE §65858(d). BACKGROUND On October 3, 2023, pursuant to Government Code §§ 65858 and 36937, the City Council adopted Urgency Ordinance No. 674U, which imposed a temporary 45-day moratorium on the acceptance or processing of applications, issuance of permits, and construction of all structures within the Portuguese Bend Landslide Complex, in order to protect the health and safety of the residents of the Landslide Complex, the City and the Palos Verdes Peninsula. Government Code § 65858 allows an initial 45-day moratorium to be extended for up to 10 months and 15 days after a duly noticed public hearing is held. As required by Government Code § 65858(d), ten days prior to the expiration of the interim ordinance, the City must issue a written describing the measures taken since enacting the interim urgency ordinance, which are intended to alleviate the conditions which necessitated the initial adoption of the ordinance. MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF THE URGENCY ORDINANCE 1.In September 2023, the City formed a “Rancho Palos Verdes Landslide Complex Working Group” to evaluate and address community concerns and to discuss solutions. The members of this working group include but are not limited to, various agencies including the affected Homeowners Associations, the City of Rancho Palos Verdes, the City of Rolling Hills, the Klondike Canyon Landslide Abatement C-1 District (KCLAD), the Abalone Cove Landslide Abatement District (ACLAD), Southern California Edison, Los Angeles County Public Works, Los Angeles County Sanitation District, California Water Service (Cal Water), and SoCalGas. 2. Cal Water has continued and/or initiated various activities in recent weeks in attempts to better monitor water leaks and/or prevent additional water intrusion into the soil, as described below. a. Cal Water has recently installed 25 additional leak detection sensors within the Portuguese Bend Club Association community, for a total of 65. They have also installed additional water pressure monitors, for a total of six. b. A potential water pipe leak reporting hotline is now active: (855) RPV-LEAK. This will allow better and faster communication between affected residents and Cal Water. c. Cal Water is working on water line repairs and the installation of approximately 800 feet of 8-inch flexible pipe, to be installed mostly above- ground along Dauntless Drive, Exultant Drive, and Admirable Drive. d. Cal Water is working with the City to obtain permits to install an additional 200 feet of flexible above-ground pipe along Admirable Drive. 3. The City is providing assistance to the Klondike Canyon Landslide Abatement District (KCLAD) and the Abalone Cove Landslide Abatement District (ACLAD) on various projects, including installation of additional dewatering wells, assessment of existing water drainage pipes and culverts, etc. 4. The City has installed 12 new monitoring points within the landslide and is in the process of updating the map of these points. 5. City Staff is continuing to work on an Environmental Impact Report (EIR) for the ongoing Landslide Remediation Project. 6. The City has notified applicants of pending or potential applications regarding the enacted moratorium on properties within the greater Portuguese Bend Landslide Complex boundaries. Specifically, City Staff has sent letters informing these applicants that the City has temporarily suspended processing applications for development projects that are not already under construction and will not accept new applications during the moratorium period, except for limited exceptions for the following: A. Construction necessary for repair or maintenance of existing structures, roadways, and any infrastructure such as water lines, sewer lines, electrical or traffic installations, etc. B. Construction necessary for the implementation, establishment, repair, or maintenance of any landslide mitigation measures. C-2 C. Construction necessary for the immediate preservation of the public health and safety. D. Construction that the City Manager deems necessary and consistent with the purposes of this interim urgency ordinance. Any such exception shall require written findings by the City Manager, and must be ratified by the City Council at the regular meeting following the City Manager's determination. 7. The City’s Consulting Geologists at Cotton, Shires and Associates, Inc. are working on an updated map that will show the boundaries of the various landslide areas and the geologic hazard abatement districts. C-3 D-1 I I I RESOLUTION NO. 2023-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DECLARING THE EXISTENCE OF A LOCAL EMERGENCY IN WITHIN THE GEOGRAPHIC BOUNDARIES OF THE PORTUGUESE BEND LANDSLIDE COMPLEX WHEREAS, the City of Rancho Palos Verdes is home to three (3) active Landslide Complexes commonly known as : the Portuguese Bend Landslide (the PBL), the Abalone Cove Landslide (the ACL), and the Klondike Canyon Landslide (the KCL), also known as the Greater Portuguese Bend Landslide Complex, or Landslide Complex. The landslides have been active since the 1950s, and are depicted in Exhibit "A"; and WHEREAS, the Landslide Complex is divided into zones 1 through 8. Zones 7 and 8 are owned by the City and part of the Palos Verdes Nature Preserve. Zone 6 has been sliding towards the ocean since the 1950s, some homes having moved as much as 450 feet from their original location. Zone 6 moves at a much faster rate, though not at a consistent speed throughout, with the most active part of the Zone 6 moving up to 8' a year. The landslide zones are depicted in Exhibit "B"; and WHEREAS, in the recent past, and especially since May of 2023, the land movement in the Landslide Complex has increased significantly. Specific land movement and its impacts can be found here https://www.google.com/maps/d/viewer?mid=1 x7CEOgB1 hAdofi2R62KV8Iil37h5P4&II =33.74613292408661%2C-118.36740885&z=16; and WHEREAS, recent increased land movement has already caused 2 homes in the KCL to be "red-tagged" and the building official is closely monitoring several others. The homes are located at 4332 Dauntless and 4361 Exultant. (See Exhibit "C" photographs of the homes). In July, a dozen homes in Rolling Hills Estates were destroyed because of land movement, and experts believe the entire Palos Verdes Peninsula is an area of concern [see https·//www.youtube.com/watch?v=WA3mw0ISKjYJ; and WHEREAS, the KCL moved on average by 0.5" per year between 2007 and 2018; the rate of movement increased between 2018 and 2022 to 1 "-2" (and as much as 4"); and in 2022-2023, the rate of movement increased dramatically by up to ~30+" in some places, and more typically by ~10-14" in others. See Exhibit "D"; and WHEREAS, a report from McGee Surveying Consulting dated August 6, 2023, concluded, regarding KCL and ACL, that the rate of land movement in the "2014-2018 period is generally representative of previous years back to 2007. In the last two months the movement velocities have accelerated over the previous seven-month period between October 10, 2022 to May 12, 2023. In that seven-month period the average velocities had accelerated over the previous four-year average which saw an acceleration over the previous 8 or more years. A monitoring year is 12 months beginning and ending about the beginning of the rainy season on October 1." The report includes a chart with 01203 0023/925011 5 D-2 the "measured movements for a sample of monitoring points for the indicated periods with a projection for the full year of October 10, 2022 to October 2023 based on actual measurements for the period October 10, 2022 to July 15, 2023." See Exhibit "E"; and WHEREAS, due to increased land movement, the Landslide Complex has seen an increase in water main breaks. Starting in 2016, the following water main breaks occurred and had to be fixed urgently by CalWater. The exact location varies, as the break may have occurred along different sections of the pipe, but broken down by trail name, the breaks occurred on the following dates: • Gary's Gulch Trail: August 29, 2023. • Vanderlip Trail: October 2020; November 25, 2021; April 24, 2023; April 25, 2023; June 14, 2023; September 16, 2023. • Burma Road Trail: July 2016; October 2021; March 2022; November 2022 (two separate breaks); February 2023; March 2023; August 16, 2023; August 18, 2023; September 5, 2023. • Conqueror Trail: June 2018; May 20, 2023; August 16, 2023. • Barn Owl Trail: September 5, 2023. (See Exhibit "F" of photographs of the Vanderlip Trail September 16, 2023 and Burma Road Trail August 18, 2023 breaks); and WHEREAS, the City has established, via repeated geologic studies, that a significant factor in the speed of land movement in the Districts is the amount of water in the soil. ACLAD, for example, has installed a number of dewatering wells within its boundaries to mitigate the land movement; and WHEREAS, the 2022-2023 rainy season brought exceptional amounts of rain to the region. The 2022-2023 rainy season dumped about 190% of the average annual rainfall in the region [source: https://ggweather.com/seasonal rain.html, with the region experiencing 20.9" of rain. As a result of the increased amount of rain, all the Landslide Complex in all the Districts have been subject to an alarming increase in land movement. Additionally, there is a strong likelihood that El Nino will bring another wet winter in 2023- 2024, [see https://ktla.com/weather/historically-strong-el-nino-possible-what-it-means- for-winter/; https://patch.com/california/palosverdes/wet-el-nio-ahead-brings-concerns- palos-verdes-landslide-complex?utm term=article-slot-1 &utm source=newsletter- daily&utm medium=email&utm campaign=newsletter&user email=10970c30f1 0d3992 86140af9d05d399c34c897 422c415a4087 d6e 1 cfd9df1 c29), thereby further destabilizing the landslide; and WHEREAS, in response to an increase in public inquiries and concerns raised at the September 19, 2013 meeting, the City has created a dedicated homepage on the City's website to the landslide, as well as an email address (landmovement@rpvca.gov). 01203 0023/925011 5 Resolution No 2023-4 7 Page 2 of 6 I I I D-3 I I I City Staff is forming a Working Group, to meet on a weekly basis or as needed, that will have the following representatives: • City of Rancho Palos Verdes: Ara Mihranian, City Manager; Ramzi Awwad, Director of Public Works. • Other stakeholders: Seaview HOA; Portuguese Bend Beach Club HOA; Klondike Canyon Landslide Hazard Abatement District Board; Abalone Cove Landslide Hazard Abatement District Board; Portuguese Bend HOA; Cal Water; So Cal Gas; Southern California Edison; Los Angeles County Public Works Sanitary Sewer Maintenance and Operations; Los Angeles County Sanitation District. The meetings' purposes are the following: • Prevent utility leaks from exacerbating landslide movement • Prevent utility damage from impacting the natural and built environment • Formulate and implement solutions to landslide movement • Coordinate among all stakeholders • Provide regular updates to the public; and WHEREAS, the City has been receiving a growing number of comments expressing concern regarding the accelerating land movements, from homeowners in the Landslide Complex, and from other concerned citizens; and WHEREAS, the health, safety, and welfare of the residents, visitors, and other who live, work, or play with the geographic boundaries of the or Landslide Complex are of utmost importance to the City and additional future measures may be nee.ded to protect the same from the dangers of ongoing land subsidence within these landslides; and WHEREAS, Chapter 2.44 of the Rancho Palos Verdes Mµnicipal Code ("RPVMC") details the powers and responsibilities of the City during emergency circumstances, which is defined in Section 2.24.020 as "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat;" and WHEREAS, RPVMC § 2.24.060(A)(1) authorizes the City Council of the City to proclaim the existence or threatened existence of a local emergency if the City C.ouncil is in session; and 01203 0023/925011 5 Resolution No 2023-47 Page 3 of 6 D-4 WHEREAS, RPVMC § 2.24.030 creates the Disaster Council to act during the state of local emergency, which Disaster Council shall consist of the following: the mayor, I who shall be chairman, and the members of the city council, the director of emergency services, the assistant director of emergency services and the chiefs of emergency services as are provided for in the emergency plan adopted under Section 2.24.080, all of whom shall be ex officio and nonvoting members of the disaster council;" and WHEREAS, RPVMC § 2.24.050 appoints the City Manager as the Director of Emergency Preparedness ("Director"), and the Director shall appoint an Assistant; and WHEREAS, after consideration of all facts reasonably available the City Council now desire,s to proclaim the existence of a state of local emergency within the or Landslide Complex. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS: SECTION 1. Recitals. The City Council hereby determines that the above recitals are true and correct and incorporates the same as the findings of the City Council. SECTION 2. Proclamation of Emergency. The City Council finds, pursuant to RPVMC Chapter 2.24 and Government Code§§ 8630 and 8680.9, there exists an actual condition of peril to the safety of persons and property exiting within the Portuguese Bend or Landslide Complex (as identified in Exhibit "A" attached hereto) and hereby proclaims that a state of local emergency now exists throughout the same. SECTION 3. Authority Granted. It is further proclaimed and ordered that during the existence of said local emergency, the powers, authority, functions and duties of the Disaster Council, Director, and the City's emergency services organizations shall be those prescribed by State Law, City ordinances, resolutions, and approved plans of the City in order to mitigate the effects of said local emergency. The City Council desires to make clear that such powers, functions, and duties of the Disaster Council include the following but may be more in the Disaster Council's judgement: (a) As necessary for the public safety, life, and property, entering into contracts to arrange for the procurement of materials, goods, and services needed to assist in containing, responding to, mitigating the effects of, and recovering from the ongoing land subsidence occurring within the geographic boundaries of the Portuguese Bend Landslide, the Abalone Cove Landslide, and the Klondike Canyon Landslide. (b) Applicable provisions of the Government Code and the Public Contract Code, including but not limited to, advertising, and competitive bidding requirements, as well as any City procurement or related policy, are suspended to the extent reasonably necessary to address the ongoing land subsidence occurring within the Portuguese Bend Landslide, the Abalone Cove Landslide, and the Klondike Canyon Landslide. 01203 0023/925011 5 Resolution No 2023-4 7 Page 4 of 6 I I D-5 I I I (c) Furthermore, during the emergency, the Disaster Council is authorized and directed to coordinate with and provide assistance to the Abalone Cove Geologic Hazard Abatement District ("ACLAD") and the Klondike Canyon Geologic Hazard Abatement District ("KCLAD"), the b.oards of directors, staff, and geologists of these two (2) GHADs in performing their statutory duties under the Public Resources Code of the State of California (Public Resources Code §§ 26500-26601 ). SECTION 4. Immunity Invoked. To the maximum extent permitted by law, and pursuant to Government Code § 866, the City Council hereby invokes the immunity afforded to the City of Rancho Palos Verds in adopting and implementing the declaration of local emergency with the Portuguese Bend or Landslide Complex. SECTION 5. Duration. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council in accordance with law. SECTION 6. Continuing Declaration. Government Code § 8630 requires the City Council to review of the need for continuing the local emergency at least once every 60 days until the City Council determines the local emergency within the geographic boundaries of the Portuguese Bend Landslide, the Abalone Cove Landslide, and the Klondike Canyon Landslide has been abated or mitigated to insignificance. SECTION 7. Severability. If any subsection, sentence, clause, phrase, or word of this Resolution or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Resolution. SECTION 8. Effectiveness. This Resolution shall take effect immediately. A copy of the Proclamation and this Resolution shall be forwarded to the California Emergency Management Agency. The City Clerk shall certify to the passage and adoption of this resolution .. PASSED, APPROVED and ADOPTED on this 3rd day of October, 2023. ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) 01203 0023/925011 5 Resolution No 2023-4 7 Page 5 of 6 D-6 I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2023-47 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 3, 2023. 01203 0023/925011 5 Resolution No 2023-4 7 Page 6 of 6 I I I E-1 I I I ORDINANCE NO. 67 4U AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, TO ESTABLISH A TEMPORARY 45- DAY MORA TORI UM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS, ISSUANCE OF PERMITS, AND CONSTRUCTION OF ALL STRUCTURES WITHIN THE PORTUGUESE BEND LANDSLIDE COMPLEX WHEREAS, the City of Rancho Palos Verdes is affected by three large active Landslide Complexes: the Portuguese Bend Landslide (the PBL), the Abalone Cove Landslide (the ACL), and the Klondike Canyon Landslide (the KCL), also known as the Greater Portuguese Bend Landslide Complex, or Landslide Complex. The landslides have been active since the 1950s to 1970s, and are depicted in Exhibit "A". WHEREAS, in September 1978, the City Council adopted Urgency Ordinance No. 108U, which established the Landslide Moratorium Area (LMA), which includes the Landslide Complex. Since 1978, development activity has been circumscribed within the LMA. in February 1981, the City Council adopted Ordinance No. 139U, which added the area known as Klondike Canyon to the LMA. The specific restrictions imposed within the LMA are described in the City's Landslide Moratorium Ordinance, codified as Chapter 15.20 of the Rancho Palos Verdes Municipal Code. The LMA is contiguous with Landslide Complex depicted in Exhibit "A". WHEREAS, the LMA is divided into zones 1 through 8. Zones 7 and 8 are owned by the City and part of the Palos Verdes Nature Preserve. Some of the zones have been subject to landslides in the past, and were relatively stable until the recent past. Zone 6 has been sliding towards the ocean since the 1950s, some homes having moved as much as 450 feet from their original location. Zone 6 moves much faster, though not at a consistent speed throughout, with the most active part of the Zone 6 moving up to 8 feet a year. The landslide zones are depicted in Exhibit "B". WHEREAS, development within the LMA is permitted as follows: (i) Properties in the LMA that are currently developed with residential structures are permitted to make limited improvements if the City grants a Landslide Moratorium Exception (LME) permit (RPVMC § 15.20.020). (ii) Certain properties within Zone 2 of the LMA (the 16 Monks properties and 31 non-Monks properties) may develop their properties if granted a LME permit (RPVMC § 15.20.040.P). (iii) Construction on properties in the LMA that were not previously developed with residential structures is not permitted unless a Moratorium Exclusion (ME) Permit is granted (RPVMC § 15.20.100). (iv) RPVMC Section 15.20.120 provides a mechanism for a property owner to apply to have the moratorium's boundaries adjusted "to accurately reflect geologic conditions that are present on the property that is the subject of the application .... " E-2 WHEREAS, in the recent past, and especially since May of 2023, the land movement in the Landslide Complex has increased significantly, most notably in the PBL I and KCL. WHEREAS, the KCL moved on average by 0.5" per year between 2007 and 2018; the rate of movement increased between 2018 and 2022 to 1 "-2" (and as much as 4"); and in 2022-2023, the rate of movement increased dramatically by up to ~30+" in some places, and more typically by ~10-14" in others. See Exhibit "C". WHEREAS, a report regarding the PBL from McGee Surveying Consulting dated October 19, 2022 and revised June 6, 2023 concluded "In the last seven months the movement velocities have accelerated over the average velocity for the previous four years which saw an acceleration over th.e previous 15-20 years .... Velocities were stable prior to 2018. After the Fall of 2018 they increased about 3 to 6 fold at most points and remained stable to the Fall of 2022. In the last seven months since the Fall of 2022 the velocities generally have doubled more or less." A further McGee Surveying Report dated August 6, 2023, concluded, regarding KCL and ACL, that the rate of land movement in the "2014-2018 period is generally representative of previous years back to 2007. In the last two months the movement velocities have accelerated over the previous seven- month period between October 10, 2022 to May 12, 2023. In that seven-month period the average velocities had accelerated over the previous four-year average which saw an acceleration over the previous 8 or more years. A monitoring year is 12 months beginning and ending about the beginning of the rainy season on October 1." The August 6, 2023 1 report includes a chart with the "measured movements for a sample of monitoring points for the indicated periods with a projection for the full year of October 10, 2022 to October 2023 based on actual measurements for the period October 10, 2022 to July 15, 2023." See Exhibit "D" for the October 19, 2022 and August 6, 2023 reports. WHEREAS, recent increased land movement has already caused 2 homes in the KCL to be "red-tagged" and the building official is closely monitoring several others. The homes are located at 4332 Dauntless and 4361 Exultant. See. Exhibit "E". In July, a dozen homes in Rolling Hills Estates were destroyed because of land movement, and experts believe the entire Palos Verdes Peninsula is an area of concern [see https //www.youtube com/watch?v=WA3mwOISKjY]. The landslide in Rolling Hills Estates was likely caused by the increased rain this past winter or by a broken water main. WHEREAS, based on readings at 2 water pump locations in KCL, the water table has risen quickly and dramatically from December 2022 to today from 91.4' below the suface to 5.2' at Location 2, and 97.5' to 8.7' at Location 3. See Exhibit "I." WHEREAS, a draft report from Cotton, Shires and Associates, Inc. "provide[s] a preliminary geotechnical assessment of recent land movement within the Portuguese Bend Reserve ... with a specific focus on the impacts of land movement to the Burma Road Trail." Per the report, "[s]ome areas of the Reserve are now experiencing significant I land movement and ground surface manifestation that is beyond the limits of the historically active and previously mapped Portuguese Bend Landslide, resulting in 01203 0023/925024 8 Ordinance No 67 4U Page 2 of 12 E-3 I I I damage to trails and fire roads which provide access for public safety, utilities, maintenance, conservation, and public recreation." WHEREAS, the Cotton Shires and Associates, Inc. report cites to the October 19, 2023/June 6, 2023 McGee Survey Consulting report ("Velocities were stable prior to 2018. After the Fall of 2018 they increased about 3 to 6 fold at most points and remained stable to the Fall of 2022. In the last seven months since the Fall of 2022 the velocities generally have doubled more or less.") and states: "[t]his is a significant and important observation from the surveyor and comports with the past several years of field observations by CSA staff of roadway distress and trail distress within the PBR, as well as reports of street distress, building distress and utility line breaks throughout the various known landslide areas. We have prepared several graphics based upon our own analysis of the GPS survey monitoring data to further illustrate what is happening with the landslide ground movement. Figure 2 (attached) depicts horizontal displacements (in feet) and ground displacement vectors, for 12 selected GPS survey monuments mostly located in the mid and upper Ancient Portuguese Bend Landslide Complex. These figures are based upon McGee's GPS monitoring of the survey monuments from October 2018 to May 2023 (with the exception of two monuments which were last read in October 2022, PB18 and AB71 ). Four of these monuments were also read in mid-July, 2023 and those movement data are also presented. Two of the monuments, CR07 and FT06 are located on Burma Road outside of the Portuguese Bend Landslide and indicate 1.67 feet and 3.09 feet of horizontal displacement over the ~4.5-year period. The CR07 point moved an additional 0.42 feet in two months (through July 15, 2023), which translates to ground movement velocity of about 2.5 feet per year. Most of the other points on this figure are in the Ancient Portuguese Bend Landslide Complex (and mostly in LMA Zone 2) and are indicating total displacements of approximately 1 to 3 feet (or average velocities of about 0.22 to 0.67 feet/year across the ~4.5-year period). Several of these points in LMA Zone 2 that were also monitored in July, 2023 showed continued acceleration from May to July 2023, with calculated velocities of ~1.25 feet/year at AB67 to ~3.9 feet/year at AB53. These are extraordinary rates of landslide movement that, to our knowledge, have not been previously documented in the LMA Zone 2 area." (Underlining added.) WHEREAS, the Cotton Shires and Associates, Inc. report concludes, "Landslide movements throughout the Ancient Portuguese Bend Landslide Complex outside of the historical boundary of the Portuguese Bend Landslide previously exhibited relatively low rates of creep movement in the 11-year monitoring period of 2007-2018 for which we have readily available data. Beginning in late 2018, and through the present, the survey data indicate a significant acceleration of landslide movement. The movement of the Portuguese Bend Landslide also accelerated in this timeframe. The cumulative displacements over this time have now manifested as headward enlargement of the Portuguese Bend Landslide as well as new active landslide masses forming northwest of the Portuguese Bend Landslide crown in Landslide Moratorium Area Zone 1, upslope from LMA Zone 2." The draft report is attached as Exhibit "F". WHEREAS, due to increased land movement, the Landslide Complex has seen an increase in water main breaks. Starting in 2016, the following water main breaks occurred and had to be fixed urgently by CalWater. The exact location varies, as the break 01203 0023/925024 8 Ordinance No 67 4U Page 3 of 12 E-4 may have occurred along different sections of the pipe, but broken down by trail name, the breaks occurred on the following dates: • Gary's Gulch Trail: August 29, 2023. • Vanderlip Trail: October 2020; November 25, 2021; April 24, 2023; April 25, 2023; June 14, 2023; September 16, 2023 (see photos, Exhibit "G"). • Burma Road Trail: July 2016; October 2021; March 2022; November 2022 (two separate breaks); February 2023; March 2023; August 16, 2023 (see photos, Exhibit "G"); August 18 and 21, 2023 (see photos, Exhibit "G"); September 5, 2023; September 28, 2023 (see photos, Exhibit "G"). • Conqueror Trail: June 2018; May 20, 2023; August 16, 2023. • Barn Owl Trail: September 5, 2023. WHEREAS, on September 29, 2023, the City closed the intersection of Dauntless and Exultant for the foreseeable future due to recent landslide-related subsidence. Additionally, effective September 29, 2023, Cal Water will have 24/7 personnel on site in the Seaview neighborhood of the KCL to respond immediately to any broken water main lines. Lomita Station deputies have increased their patrol of the neighborhood particularly in the area of the red-tagged homes. WHEREAS, the City has established, via repeated geologic studies, that a significant factor in the speed of land movement in the Districts is the amount of water in the soil. ACLAD, for example, has installed a number of dewatering wells within its boundaries to mitigate the land movement. WHEREAS, the 2022-2023 rainy season brought exceptional amounts of rain to the region. The 2022-2023 rainy season dumped over 200 percent of the average annual rainfall in the region [source: http://www.ladpw.org/wrd/precip/alert_rain/season_raindata.cfm?id=2570300] with the region experiencing about 26 inches of rain including 3.4 inches from Tropical Storm Hilary on August 20-21, 2023. As a result of the increased amount of rain, all the Landslide Complexes in all the Districts have been subject to an alarming increase in land movement. Additionally, there is a strong likelihood that El Nino will bring another wet winter in 2023-2024, [see https://ktla.com/weather/historically-strong-el-nino-possible- what-1t-means-for-winter/; https://patch.com/californ1a/palosverdes/wet-el-nio-ahead- brings-concerns-palos-verdes-landslide-complex?utm term=article-slot- 1 &utm source=newsletter- daily&utm med1um=email&utm campaign=newsletter&user email=10970c30f1 0d3992 86140af9d05d399c34c897422c415a4087d6e1cfd9df1c29;https//www.kget.com/weathe r/weather -head I I nes/noaa-releases-2 023-2024-wi nter- p red 1ct1ons/?utm campa1gn=soc1alflow&utm med1um=referral&utm source=facebook c om&m1bextid=Zxz2cZ ]. which, if it brings the anticipated rainfall, will exacerbate the landslide. 01203 0023/925024 8 Ordinance No. 674U Page 4 of 12 I I I E-5 I I I WHEREAS, in response to an increase in public inquiries and concerns regarding the water main breaks, damage to homes, and accelerating land movement raised at the September 19, 2013 City Council meeting, the City has created a dedicated homepage on the City's website to the landslide, as well as an email address (landmovement@rpvca.gov). City Staff is forming a Working Group, to meet on a weekly basis or as needed, that will have the following representatives: • City of Rancho Palos Verdes: Ara Mihranian, City Manager; Ramzi Awwad, Director of Public Works. • Other stakeholders: Seaview HOA; Portuguese Bend Beach Club HOA; Klondike Canyon Landslide Hazard Abatement District Board; Abalone Cove Landslide Hazard Abatement District Board; Portuguese Bend HOA; Cal Water; So Cal Gas; Southern California Edison; Los Angeles County Public Works Sanitary Sewer Maintenance and Operations; Los Angeles County Sanitatio.n District. The meetings' purposes were: • Prevent utility leaks from exacerbating landslide movement • Prevent utility damage from impacting the natural and built environment • Formulate and implement solutions to landslide movement • Coordinate among all stakeholders • Provide regular updates to the public WHEREAS, the City has been receiving a growing number of comments expressing concern regarding the accelerating land movements, from homeowners in the Landslide Complex, and from other concerned citizens. WHEREAS, Government Code Section 65858 expressly authorizes the City Council to adopt an Interim Urgency Ordinance for the immediate preservation of the public peace, health, or safety, if the ordinance is approved by four-fifths of the City Council. WHEREAS, in 2005, the City Council of the City of Rancho Palos Verdes adopted Interim Urgency Ordinance No. 427U, which halted construction and the issuance of permits on a portion of the Klondike Canyon Landslide, based on increased movement following an unusually wet winter. The moratorium was extended by Interim Urgency Ordinance Nos. 439U, and repealed by Ordinance No. 469U, and its non-urgency version, Ordinance No. 526. The City Council adopted amendments to Chapter 15.20 at that time. WHEREAS, Section 65858(f) provides that " ... upon termination of a prior interim ordinance, the legislative body may adopt another interim ordinance pursuant to this section provided that the new interim ordinance is adopted to protect the public safety, 01203 0023/925024 8 Ordinance No 67 4U Page 5 of 12 E-6 health, and welfare from an event, occurrence, or set of circumstances different from the 1 event, occurrence, or set of circumstances that led to the adoption of the prior interim ordinance." WHEREAS, the City Council finds that the. increase in land movement activity in the Landslide Complex is of great concern to the residents within the Districts, to the City, and to the Palos Verdes Peninsula as a whole, and presents an imminent threat to the public health and safety. The City Council further finds that the circumstances today are different from the circumstances that prompted the 2005 moratorium. Here, the increased precipitation has contributed to increased movement in all of the Landslide Complex. Therefore, is broader in scope and encompasses all of the City's Landslide Complex. WHEREAS, land movement has increased even more during the week of September 25,2023, particularly in the Seaview neighborhood of the KCL; Cal Water has agreed to have a representative present in the area at all times to address water main breaks immediately. Additionally, it has come to the City's attention that a number of residents have pools that are leaking water into the ground, likely due to cracking because of earth movement. The City Manager has made a request of the Klondike Canyon, Portuguese Bend, and Seaview communities to cease watering and to not refill swimming pools that are losing water. See Exhibit "H". WHEREAS, the City Council finds that pending mitigation and stabilization of the land movement, as further articulated under Section 5, below: (1) The approval of the development of housing development projects, as defined in Section 65905.5 of the Government Code would have a specific, adverse impact upon the public health or safety. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date that the ordinance is adopted by the legislative body. (2) The interim ordinance is necessary to mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1). (3) There is no feasible alternative to satisfactorily mitigate or avoid the specific, adverse impact identified pursuant to paragraph (1) as well or better, with a less burdensome or restrictive effect, than the adoption of the proposed interim ordinanc~e. WHEREAS, Section 66300(b)(1) of the Government Code provides that "with respect to land where housing is an allowable use, ... an affected city shall not enact a development policy, standard, or condition that would have [the effect of ... i]mposing a moratorium or similar restriction or limitation on housing development, including mixed- use development, within all or a portion of the jurisdiction of the affected ... city, other than to specifically protect against an imminent threat to the health and safety of persons I residing in, or within the immediate vicinity of, the area subject to the moratorium .... " The 1 statute further provides that the City may not enforce such a moratorium on housing until 01203 0023/925024 8 Ordinance No 674U Page 6 of 12 E-7 I I I the ordinance has been submitted to, and the City has received approval from, the Department of Housing and Community Development. WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code. Sections 2100 et. seq. ("CEQA"), the State'$ CEQA Guidelines, California Code of Regulations, Title 14, §15000 et. seq., the City's Local CEQA Guidelines, and Government Code §65962.5(f) (Hazardous Waste and Substances Statement), it has been determined that the adoption of the Urgency Ordinance to impose a moratorium on the acceptance or processing of applications, issuance of permits, and construction in the Districts is exempt from CEQA, pursuant to Section 15061(b)(3). This Interim Urgency Ordinance is exempt because it proposes to impose a moratorium all construction on properties within the Districts and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and WHEREAS, this Interim Urgency Ordinance is proposed to address and mitigate an imminent threat to public health and safety and therefore is exempt from CEQA pursuant to Public Resources Code, Section 21080(b)(4) and CEQA Guidelines, Section 15269; and WHEREAS, this Interim Urgency Ordinance is proposed to protect the environment by preventing the exacerbation to existing unstable geologic conditions caused by activities related to new construction and therefore is categorically exempt from CEQA pursuant to CEQA Guidelines, Section 15308 and none of the exceptions to this exemption set forth in CEQA Guidelines, Section 15300.2 apply to this Interim Urgency Ordinance; and WHEREAS, all legal prerequisites to the adoption of the Interim Urgency Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Moratorium Subject to the exceptions articulated in Section 2 below, during the effective period of this Ordinance, no application for permit will be accepted, no consideration of any application for any permit will be made, and no permit will be issued by the City for any construction on any property within the Landslide Complex until this Ordinance has expired or has been repealed according to applicable law. This Moratorium also applies to any pending applications, and any permits or entitlements that have issued and construction not commenced. "Permit" means any City planning land use approvals, and any building, grading, plumbing, electrical, or mechanical permit, whether the approval or issuance is discretionary or ministerial. SECTION 2. Exceptions 01203 0023/925024 8 Ordinance No 67 4U Page 7 of 12 E-8 The Moratorium shall not apply to the following: A. Construction necessary for repair or maintenance of existing structures, roadways, and any infrastructure such as water lines, sewer lines, electrical or traffic installations, etc. B. Construction necessary for the implementation, establishment, repair, or maintenance of any landslide mitigation measures. C. Construction necessary for the immediate preservation of the public health and safety. D. Construction that the City Manager deems necessary and consistent with the purposes of this interim urgency ordinance. Any such exception shall require written findings by the City Manager, and must be ratified by the City Council at the regular meeting following the City Manager's determination. SECTION 3. Urgency Findings; Specific Adverse Impact Findings A. The City Council finds that there is a current and immediate threat to public safety, health, and welfare posed by the increased land movement within the Landslide Complex, and further finds that the land movement outside the delineated Landslide Complex/LMA are of grave and immediate concern. Additionally, formerly stable portions I of the Landslide Complex are now moving at a faster clip, which has accelerated since I 2018, but has increased dramatically since the last rainy season. Existing homes and structures are being threatened by the land movement, and may be facing a greater threat still if the coming winter brings the promised strong El Nino, with the concomitant amounts of rainfall. B. The City Council finds that construction of new structures and buildings in the Landslide Complex constitutes a specific adverse impact that cannot satisfactorily be mitigated at this time by the adoption of a less restrictive regulation than this interim ordinance: the additional load provided by new buildings, including the required grading, will further destabilize the Landslide Complex, thus increasing the land movement speed and damage to existing structures. Additional construction will also require water and sewer infrastructure, which may leak into the soil and further exacerbate the land movement; in light of the increase in water main breaks, this is a very real and immediate concern. It is imperative at this time that no additional load and water/sewer utilities be placed on the Landslide Complex, while the City works to further study and stabilize the area, and the boundaries of the Landslide Complex may have to be revised and likely expanded. At this time a less restrictive regulation is not feasible as all of the City's resources must be focused on implementing the City's Landslide Remediation Project (see below), and it cannot be known which additional project or water main break may cause a catastrophic failure of any part of the Landslide Complex. C. Additionally, the City Council finds that allowing construction in an actively moving landslide will not further the statewide policy of increasing housing stock or 01203 0023/925024 8 Ordinance No 674U Page 8 of 12 I E-9 I I I meeting the City's RHNA, and instead will endanger the existing housing and the area's residents. D. The City Council therefore finds that in order to protect the health and safety of the residents of the Landslide Complex, the City, and the Palos Verdes Peninsula, it is necessary to adopt this Interim Urgency Ordinance. SECTION 4. Authority and Effect A. The State Planning and Zoning Law, Government Code Section 65000 et seq., broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public safety, health, and welfare, and a balancing of property rights and the desires of the community and how its citizens envisions their city. B. Government Code Section 65858 expressly authorizes the City, in order to protect public safety, health, and welfare, to adopt an Urgency Ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure shall require a four-fifths vote of the legislative body for adoption, and shall be of no further force and effect 45 days from its date of adoption, unless duly extended for an additional 10 months and 15 days. SECTION 5. Review and Study A. The City will contract with a firm to study and make recommendations for the entirety of the Landslide Complex. As land movement appears to be occurring outside of the understood boundaries of the current Landslide Complex, the study will include recommendations regarding whether and to what extent the boundaries of each landslide and of the Landslide Complex as a whole should be revised. B. The City is in the process of implementing a Landslide Remediation Project for the PBL. The Project's purpose is, just as its name suggests, a large-scale, sophisticated project that would seek to stabilize the PBL, largely by the installation and operation of a network of powerful hydraugers. (See City Council s.taff reports related to the Landslide Remediation Project dated December 17, 2019, December 19, 2020, August 15, 2023, September 19, 2023) The project will be in three phases: Phase I -Repair of the Existing Fractures Surface fractures (also known as fissures) in the Portuguese Bend area are the result of land movement. These existing fractures are a few feet wide and some are as deep as 150 feet. The fractures intercept stormwater runoff where this water discharges into the ground. The proposed mitigation improvements include filling these fractures with slurry material that is easily placed in them. The slurry consists of 95-97% fly ash and 3- 5% cement. Fly ash is a fine powder that is a byproduct of burning pulverized coal in electric power-generating plants. It is inert and its use has been proven to be very safe in these applications. This phase of the project is intended to eliminate storm runoff from 01203 0023/925024 8 Ordinance No 67 4U Page 9 of 12 E-10 easily becoming part of the groundwater and is an important component in efforts to minimize landslide-related ground movement. Phase 11 -Surface Drainage Improvements The surface drainage improvements include the refurbishment of existing swales and pipes, and construction of a reduction flow area, which essentially serves as a detention basin near the bottom of the hill landward of Palos Verdes Drive South (PVDS). In summary, over the years, the existing swales have eroded and the drainage pipes have clogged, resulting in inadequate performance. In some areas, sections of the drainage pipes have been disconnected, displaced or are missing. Further, as a direct result of landslide movement and land displacement, a few low areas have formed. During rainfall events, stormwater runoff is trapped in these areas. Since there is no outlet, the collected stormwater runoff creates ponds and eventually, the water percolates into the ground and exasperates the landslide. The project will no longer result in stormwater ponding because runoff will be conveyed through newly establish/refurbished pipes and swales to the ocean in a controlled manner. Phase Ill -Below-Grade Hydraugers Hydraugers, to be constructed below grade, are designed to alleviate artesian water pressure underground in the Portuguese Bend Landslide area. Their function is similar to vertical dewatering wells, but they are installed horizontally, beneath the active movement zone of the landslide. The City's consultant believes that vertical dewatering wells are not sustainable in this area because of the land movement. The landslide is active, with annual movement measured in feet, and consequently, vertical dewatering wells shear quickly due to the land movement. Until this land movement is minimized, vertical wells will continue to shear. The high rate of land movement in Portuguese Bend has resulted in the rapid failure of vertical wells in the areas that will be targeted with hydraugers. This third phase of construction therefore involves the installation of the hydraugers which will follow the installation of surface drainage features. The Project is anticipated to cost $33 million. The City has sought and obtained a grant in the amount of $23.3 million from the Federal Emergency Management Agency. The City is currently seeking the remainder of the funding from state and local sources, and anticipates being able to raise sufficient funds within the next 12 months in order to begin construction of the project. The status of the project and anticipated timeline is as follows: Award professional services contracts for final engineering: on September 19, 2023 the City Council appropriated $925,289 for additional engineering services, making the total financial commitment so far $2,295,056. Staff anticipates 90% plan completion and certification of the EIR in September of 2024, and complete final engineering and permitting by September 2025. SECTION 6. Consistency with the General Plan 01203 0023/925024 8 Ord ma nee No 67 4U Page 10 of 12 I I I E-11 I I I The City Council finds that this Ordinance is consistent with the following goals and policies of the City's General Plan. Circulation Element Policies -GP Page C-7 30. Discourage the installation or extension of any infrastructure component into any area known to be hazardous unless appropriate liability safeguards (such as geological hazard abatement districts) are in place and adequate mitigation measures are incorporated into the design. 31. Allow new development only where adequate infrastructure systems can reasonably be provided. Conservation and Open Space Element Policies -GP Page COS-4 3. Require any development within the Resource Management Districts of high slopes (RM 3) and dormant landslide area (RM 5) to perform at least one, and preferably two, independent engineering studies concerning the geotechnical, soils, and other stability factors (including seismic considerations) affecting this site following established geological industry standards. 6. Prohibit activities that create excessive silt, pollutant runoff, increase canyon-wall erosion, or potential for landslide within Resource Management Districts containing hydrologic factors (RM 6). 10. Stringently regulate irrigation, natural drainage, and other water-related considerations in new developments and existing uses affecting existing or potential slide areas. 11. Consider development exceptions in areas otherwise precluding development for health and safety reasons, only if the development can establish that it can overcome the conditions otherwise precluding development, and is otherwise compatible with the intent of the General Plan and the Specific Plan for the area. Safety Element Goals -Page S-6 1. Provide for the protection of life and property from both natural and human- made hazards within the community. 4. Protect life and property and reduce adverse economic, environmental, and social impacts resulting from any geologic activity. Social Services Element Policy -Page SS-3 9. Prioritize enforcement activities of residential structures with known health hazards. SECTION 7. Severability 01203 0023/925024 8 Ordinance No 67 4U Page 11 of 12 E-12 The City Council hereby declares, if any provision, section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared invalid or I unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect. SECTION 8. Publication The City Clerk shall certify as to the passage and adoption of this Interim Urgency Ordinance and shall cause the same to be published in a manner prescribed by law. SECTION 9. Effectiveness of Ordinance This Ordinance shall take effect immediately upon adoption by a four-fifths vote of the City Council, pursuant to the authority conferred upon the City Council by Government Code§ 36937. This Ordinance shall be of no further force and effect 45 days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code § 65858. Not later than 10 days prior to the expiration of this urgency ordinance, the City Council shall issue a written report as required by applicable state law. PASSED, APPROVED and ADOPTED this 3rd day of October, 2023, by a four- fifths vote of the entire City Council. ATTEST: ~--~"-'.'-C-i-ty-C--'1-e-rk ___ _ STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole numbers of the City Council of said City is five; that the foregoing Ordinance No. 674U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on October 3, 2023 by the following vote: AYES: Alegria, Bradley, Seo and Mayor Pro Tern Cruikshank NOES: None ABSENT: Mayor Ferraro ABSTAINED:None 01203 0023/925024 8 Ordinance No 67 4U Page 12 of 12 I I F-1 ,.•, ff . -• 1,,!I;,.. ...... ~ -RDA Project Boundary Abalone Cove Landslide Abarement District c:J Landslide Moratorium Area D Landslide Moratorium Area in Blue Abalone Cove Landslide i,-_, K.Jondike Canyon Landslide -Flying Triangle Landslide Portuguese Bend Landslide Dewatering wells ACLAD Cffy • RDA • . " . . •, • • ,. >.., City of Rancho Palos Verdes COMMUNITY DEVELOPMENT PLANNING DIVISION October 17, 2023 Subject: Mandatory Water Restrictions Notice Dear Sir or Madam: Please find enclosed watering restrictions for the Landslide Complex area. The City of Rancho Palos Verdes has issued watering restrictions in the interest of public safety, as there are homes in the area that have been red-tagged and uninhabitable with others at risk. In some areas of the Landslide Complex the water table is only 6’-8’ below grade, so these restrictions are to limit any activity that might exacerbate the land movement. The City is taking these preventative measures to minimize any additional property loss. These restrictions are geared towards residential uses in the Landslide Complex. The notice has already been hand delivered to some properties within and outside (but in close proximity) of the Landslide Complex Boundaries in the vicinity where the most evident movement has taken place. We realize that this may be causing some confusion. If your property is outside the Landslide Complex, yet you received this notice, we request that you consider adhering to these practices as an added precaution at this time. However, if your property is inside the Landslide Complex boundaries, these restrictions need to be followed. Although sprinklers/irrigation systems (including drip irrigation) must be turned off, the City will allow minimal hand watering, so long as this is not saturating lawns and is specifically directed towards individual plants. That said, the City is not patrolling the area looking for violations nor will be issuing citations for non-compliance. We are asking the community to work together using good judgment and common sense to minimize the use of water that has the potential to add to the ground water table. We appreciate your compliance, as it will help the City address public safety concerns. If you have any questions, or need any additional information regarding the enclosed document, please do not hesitate to contact the Planning Division at (310) 544-5228 or via email at planning@rpvca.gov. Sincerely, Brandy Forbes, AICP Director of Community Development G-1 Based on the recent land movement activity, the City of Rancho Palos Verdes has declared a local state of emergency and accordingly is mandating that property owners turn off sprinkler/irrigation watering systems for the foreseeable future to minimize additional water being absorbed into the ground in the vicinity. Additionally, for those properties with swimming pools, if you experience more water loss than occurs due to evaporation, you must refrain from refilling the pools at this time, and consider emptying your pool to prevent water entering the ground. See the next page for the information on pool draining. Note that your pool must comply with all fencing requirements when it is empty as well. The health and safety of the public and the protection of property, infrastructure, and the environment are our top priorities. We are committed to keeping the community informed. You can find answers to frequently asked questions and more information on the City’s webpage and receive updates by subscribing to the Land Movement listserv at www.rpvca/notify. Have questions? Contact us at landmovement@rpvca.gov. Mandatory Restrictions G-2G-2 What’s the right way to drain my swimming pool? To Safely drain your swimming pool, you must direct the water into the sewage system. Pool water should never be directly empƟed into storm drains, streets, or yards. By draining to the sanitary sewer system, the drained water would be sent through a treatment plant. Why can’t I empty pool water into the yard or street? The concern for the cause of the landslide is ground water. Draining Water into the yard may add to the ground water and worsen the situaƟon. AddiƟonally, pool water may be contaminated by bacteria, chlorine and other chemicals that can harm humans, wildlife, and vegetaƟon. How do I access the sanitary sewer to drain my pool? There are 2 Ways to reach the Sewer Lines: 1. Pools should have a main drain at the deepest point of the pool. Pool Equipment can be used to drain the lines to the sewer line, please reach out to a Pool Contractor or other Pool Professional. 2. A hose can be used to drain to a Sanitary Sewer Cleanout. Sanitary sewer cleanouts provide access to sewage lines. To find your sanitary sewer cleanout look for the end of a pipe sƟcking out of the ground near your house or along the sewer line. Modern cleanouts normally are capped with a small lid. Sewer vents have a circular grate on top. To access the sanitary sewer, hold the raised square on the lid of the cleanout and unscrew the cap. Place a hose between your swimming pool and the cleanout. To prevent backflow, do not touch the hose to the boƩom of the sewer pipe while draining. Tools and Materials It is recommended to contact a Pool Contractor for the draining of a pool as to not damage any of the equipment. Some tools used could be a fully submersible pump, enough garden hose to reach from pool to drainage point, large pliers for accessing the cleanout. How to Drain an In-ground Pool 1.Turn o ff or disable the pool pump, lights, auto-leveler, and any automaƟc Ɵmers. Many of these pieces of equipment are liquid-cooled, which means that if leŌ on they will overheat as the water level drops. 2.AƩach enough garden hose to get from the pool to the drain point (sewer cleanout line, the road, downhill, or wherever else you’re legally allowed to discharge water). 3.AƩach the hose to the submersible pump and lower it into the deepest secƟon of the pool. 4.Plug the pump into the pool’s GFCI outlet (do not use extension cords). You should hear the pump running. 5.Check the hose to make sure the water’s draining properly. 6.Check on the pool periodically throughout the day. G-3G-3 H-1 " .•. , Portuguese l\tlonitorin Point Loe ~----. ~;,,~ . . .,,. ,. •-. . Legend A 12 New Pts 9/23 @ CalWater Pts Set 6/23 • l\tlonitoring Pts 1 From: Joan Kelly <katelinkelly649@gmail.com> Sent: Thursday, November 2, 2023 7:50 PM To: CC <CC@rpvca.gov> Subject: Court overturns RPV landslide ruling – Daily Breeze EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. City Council of Ranch Palos Verdes I would like to bring to your attention an article written in the daily breeze in 2008 concerning the Monks lawsuit of the same year https://www.dailybreeze.com/general-news/20081003/court-overturns-rpv-landslide-ruling/ Law reviewers stated that the Monks ruling was one of the worst appellate court decisions in the State of California that year I fear the new home owners could sue the city if and when their homes have issues as is happening now. They signed a Hold Harmless but with a good lawyer that may not be worth the paper it is written on leaving all the home owners living in this city forking out to pay off the damages I ask that you do all you can to protect all existing home owners in this city and future new builds in the Portuguese Bend landslide complex area and put into place a moratorium longer than 45 days. That is not long enough in our opinion as we head into Winter and the possibility of at least 10 inches of rain on the way. Stand strong and impose a six month moratorium with the understanding that it can be extended again if necessary Until we get this land movement under control we implore that you as a council stand strong on this as it is for the health and safety for all. Tim and Joan Kelly 6 Fruit Tree Rd RPV Sent from my iPhone I-1 From:Nassim Moradi To:Amy Seeraty Subject:Catalina Views water monitoring Date:Monday, November 6, 2023 12:22:17 PM EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. >> To the City Of Rancho Palos Verdes: >> As a home owner in Portuguese Bend Community, I am concerned about the amount of water used by “Catalina View”, located at 6001 Palos Verdes Drive South. >> Each month, hundreds gallon of water are being used in that property to water their plants . >> With the new water restrictions notices submitted by the city, it is unacceptable for that property to continue pouring that much water into the land and putting a community in danger of having their homes red tagged and putting their lives in danger. >> I urge the city to take action regarding this matter. Please let me know what measures RPV has taken to monitor the amount of water being used at Catalina’s View Property. >> Respectfully >> Nassim Moradi MD. >> 310-5614959 P.S below please find questioned asked by neighbors in Portuguese Bend which has been posted on Nextdoor Neighbor App : I-2 Is RPV questioning YORK Watering? As a citizen with a no water order how do you feel? We have all received the RPV Water Restriction in the mail. As residents we are requested by the City to refrain on watering our lawns and gardens, but yet we have York irrigating his commercial orchards of Haas Avocados, which require a huge amount of water, within the Abalone Cove Landslide District and within the Portuguese Bend Landslide Complex. York's monthly use of irrigation is approximately 200,000 gallons per month from meter #62169043. That is just from just one of York's meters, I believe York has three meters on his property. ACLAD pumps, to no avail if irrigation in a landslide zone is not halted. It was said in an ACLAD meeting that York told him he only waters to an 18" depth. I will state with confidence that irrigation for 2 hours or more on a nearly daily basis will go deeper than 18". The residents who live across from York have stated seeing this first hand. I have suggested that the City of RPV obtain York's Cal Water bills to verify his irrigation use! City of RPV McGee reports that the Clovetree f\Ann11mPnt HARhA h~~ mn\/Prl ?LL" in 1? mnnth~ I-3 IYl'-'11'-"111,._,II\. 11•11....,,.'-"''-1' 11'-"'""' 111'-'Y,._,""4 "--Y-Ill 1-'-111'-'11\.II._,• This is related to Fissure #2 on the map, this fissure is in Zone 2. 1 From: John Colich <jmc4usc@gmail.com>   Sent: Friday, November 3, 2023 9:53 AM  To: CC <CC@rpvca.gov>  Cc: Janine Colich <six4sc@gmail.com>  Subject: 35 Cinnamon ‐ Landslide Moratorium  EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!.   Dear Amy, Members of the City Council and Planning Commission,  I am in receipt of the Notice of Public Hearing scheduled for November 14th and would like to submit the following for  consideration as your staff prepares their report and recommendations.    I not only reside in the Portuguese Bend Community Association, but also have a residential dwelling project located at  35 Cinnamon which is stuck near the goal line as a result of the moratorium.    We have had an opportunity to review the information available in the monitoring surveys.  The movement as measured  seems to range from negligible to severe but we have not been provided with an authoritative opinion or  recommendation other than the City’s decision to enact the moratorium.   In looking at the area surrounding 35 Cinnamon as well as interviewing neighbors and doing our own inspections, we  have not seen or detected evidence of any movement within our immediate area.  The entire landslide is moving, but  many areas are acting like solid blocks and have little or no relative movement.         As you might imagine, the building moratorium has impacted the values within the zone causing myself and other  owners significant financial harm.   We therefore ask for some additional consideration be given to properties showing no evidence of movement before a  blanket moratorium or extension is issued.    Respectfully,  John Colich  Sent from my iPhone  I-4 From:Jeremy Davies To:Amy Seeraty; Brandy Forbes; Octavio Silva Subject:Extension of Interim Urgency Ordinance No 674U Date:Thursday, November 2, 2023 4:30:21 PM EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Dear City Council and Amy, Brandy,Octavio Firstly I am in agreement with an extension of the Urgency Ordinance No 674U for an additional 10 months and 15 days. My additional comments are: I have lived in the Abalone Cove area for over 30 years. Until very recently I have not seen the degree of movement in our streets and certain homes. This includes the PVDS road movement below Wayfarers Chapel and on Lower Cinnamon Lane and Clovetree Lane. When the City lifted its longstanding building Moratorium for Zone 2 many of the homeowners questioned the wisdom of such action before proper land movement mitigation actions such as filling fissures, lining Altamira Canyon and proper working dewatering wells were implemented. Now we are observing new fissures adjacent to large homes built in Zone 2 since the lifting of that Moratorium. I separately submitted 5 clarification questions to the City regarding the wording of the Emergency Moratorium Notice as follows: 1) Please detail what you mean by "with enumerated exceptions". I was pleased to see from the City response that the 4 exceptions did not include any new home construction but dealt primarily with construction related projects to land movement mitigation measures and infrastructure. 2) What do you mean by ratify "Exceptions to the Moratorium as deemed necessary and consistent by the City Manager'. What are these exceptions? The response is "that any proposed Exceptions would need to be approved by Motion of the City Council". I look forward to seeing the additional information to be included in the staff report. 3) What defines successful mitigation of the imminent threat to public health and safety of the land movement in the Greater Portuguese Bend Complex? The City response includes "When the rate of movement has been reduced to a level acceptable to the City Geologists, and the City, other entities and other agencies have been able to complete landslide mitigation projects. I would hope that public hearings are also held for homeowner input before lifting the Moratorium. 4) Please define "New Construction" since there are some proposed constructions that have not yet begun but have apparently received approval by the City planning department. The objective of the Ordinance is to "prevent the exacerbation to existing unstable geologic conditions caused by activities related to new construction". These proposed constructions could exacerbate land movement resulting, inter alia, from their stormwater runoff into Altamira Canyon before its and other fissures have been filled or the Canyon lined. Furthermore, there is at least one lot owner with a proposed building that is adjacent to a homeowner's property that is currently experiencing cracks. The City response that the moratorium applies to all projects, except those which are already under construction, meaning they have "started construction". This is not defined but at minimum I would have expected at minimum concrete foundations to have been poured. Please define this more fully in the I-5 extension. 5) If the land movement mitigation measures are not completed how many extensions can be enacted? I understand that after two years the City would need to reapply for further extensions. I-6 From: cassiej@aol.com <cassiej@aol.com> Sent: Wednesday, November 1, 2023 11:46 AM To: CC <CC@rpvca.gov> Subject: EXTENSION OF INTERIM URGENCY ORDINANCE NO. 674U EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Dear Council, Mayor Attached please find a copy of my thoughts regarding extending the building moratorium urgency ordinance no. 674 U Thank you for all your hard work. Cassie I-7 Dear Honorable Mayor, Council Members. Thank you for the opportunity to comment on this important step you are taking. There is much historical documenta�on of the landslide issues the City has faced in the greater Portuguese Bend Landslide Complex. It is encouraging that the council is atending to these long-suffered, well- established and well-documented problems. I know that if you search the City’s archives regarding the issues, a way too weighty a process for this leter, you will learn/be reminded that one of the first lists of requirements for building in the Abalone Cove landslide area contained such items as the dewatering wells, rain guters and lining of Altamira Canyon, among others. In fact, the lining of the canyon was originally listed as the first item yet made it to the botom of the list quickly. In my experience, the dewatering wells established by ACLAD serviced the area fairly well (no pun intended) un�l the last 5-10 years, when an increase in hardscape (homes, driveways, pa�os and the like) and a decrease in well maintenance and a subsequent cycle of ineffec�veness started to take its toll on the britle infrastructure of older water, gas, inadequate sewer and outdated roads and other structures. In 2015, The City elected to li� the exis�ng building moratorium a�er the Monks lawsuit decision, which granted development rights to only the 16 plain�ffs. Subsequently, The City elected to grant development rights to all lots in Zone 2. This was done without all the prior recommended mi�ga�ons, including well maintenance, new wells and the lining of Altamira canyon being completed. I think we are seeing the fallout of that decision with the natural and inevitable years of heavy rain that do occur periodically. I hope the moratorium will be in place un�l the current residents with their homes and access and vital u�li�es at risk are beter assured that their interests are understood and protected. Buyer beware/builder beware should be good enough but the City needs to step in for now to protect the unaware from themselves. With any luck in the future the canyon and well mi�ga�ons will perform their jobs. Cassie Jones Rancho Palos Verdes I-8 1 From: Marianne Hunter <2hunter@cox.net> Sent: Thursday, November 2, 2023 10:17 PM To: CityClerk <CityClerk@rpvca.gov>; CC <CC@rpvca.gov> Subject: Extend 45 day moratorium EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. To City Council RPV RE: extend building moratorium RPV City made an enormous error when it did not side with Portuguese Bend residents against the Monks suit to end the building moratorium. Now, our city has to make a decision, in the interests of public safety and based on a vast amount of history and current events, to extend a building moratorium or not. We refer you to the 2008 Daily Breeze commentary on the shocking appellate court’s decision to overturn the original and correct Monks ruling: > https://www.dailybreeze.com/general-news/20081003/court-overturns-rpv-landslide-ruling/ Law reviewers stated that the Monks ruling was one of the worst appellate court decisions in the State of California that year. We concur. We believe the new home owners are likely to sue the city if and when their homes have issues as a number of homes are experiencing now. They did sign a Hold Harmless agreement, but with a good lawyer that may not be worth the paper it is written on. The appellate court and a past City Council that sat on the sidelines has left every resident/homeowner in RPV vulnerable to damages, physical and/or financial . We ask this City Council to prudently protect the lives, homes, finances of all who live, work and travel through RPV by extending the building moratorium in the landslide complex until mitigation has been completed and shown to be effective. This will not be accomplished in 45 days. We are looking at many months to years to correct decades of neglect. We urge you to take positive stance that safety comes first. There is so much at stake and right now you have tremendous power to move to protect our safety, our homes and the security of RPV. Please, let this City Council show its mettle to do the right thing. Extend the building moratorium until there is measurable proof of safety. We applaud the work of city staff to move towards slide mitigation on multiple fronts. William and Marianne Hunter 1 Cinnamon ln 90275 Sent from my iPhone I-9 From:Ellen Wright To:Planning Subject:Mandatory water restrictions Date:Friday, October 20, 2023 8:55:57 AM EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Hello Brandy, upon receiving this letter my direct thoughts go to the fact that Mr.York waters about 200,000 gallons a month into our area. I addressed this issue awhile back and was given a polite brush off to say it is managed. I don’t believe any of us in the Portuguese bend area should comply without that issue being addressed. Mr.York addresses himself as a farmer for tax purposes while we all suffer From land movement. I find this not acceptable . My family has been here since 1957 and I have never seen such movement. I find it appalling that he is excused from the situation and at best the worse proprietor. Respectfully, Ellen Wright PBC resident I-10 From:Gordon Leon To:Amy Seeraty; CC; PC Subject:Nov 14 City Council review of Urgency Ordinance Date:Thursday, November 2, 2023 5:51:26 PM EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Dear Amy, Members of the City Council and Planning Commission, I have been a resident of the Portuguese Bend Community Association since 1999. We have lived with the landslide and the building guidelines and have successfully built structures using design techniques that accommodate land movement in our lots as well as controlling water infiltration into the landslide. I am currently in the middle of the residential permit process for 39 Cinnamon lane and am in the final stages of planning approval. I received the Notice of Public Hearing scheduled for November 14th and would like to submit the following for consideration as your staff prepares their report and recommendations: · We just completed a survey of our lot at 39 Cinnamon and the relative change in the position of the survey monuments within that area was <0.15' over the period from 10/2020 to 11/2023. · We have spoken with our adjacent neighbors and they have not had recent landslide damage to their houses. · All areas within the Abalone Cove Landslide are not the same and a blanket building moratorium causes significant financial harm to homeowners that are not in the high movement areas of the landslide. Recommendations for the urgency ordinance: 1. Allow the Planning Director to proceed with permits on a case-by-case basis whereby the property owner shows proof of lot stability and inclusion of design features that limit groundwater intrusion. 2. Allow the Building and Planning departments to complete major approval phases before putting projects "on hold" so that major expenses for both the city and the owner do not have to be repeated when the project approval process resumes. Respectfully, Gordon Leon 310-463-9244 I-11 From:Vanessa Wade To:Amy Seeraty; Tyler Wade; Ara Mihranian; Barbara Ferraro; David Bradley; Eric Alegria; John Cruikshank; Paul Seo Subject:Portugese Bend - Urgency Ordinance / Building Moratorium Date:Friday, November 3, 2023 11:46:19 AM EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Dear Amy Seeraty - Senior Planner of Rancho Palos Verdes, I am following up with you today in regards to the Urgency Ordinance / Building Moratorium in Portugese Bend. As stated in my previous email sent on October 23rd to our City Manager, Council Members, and honorable Mayor Ferraro I am seeing more movement on my property in the past 60 days than in the previous 10 years of living here in Portugese Bend. I am strongly against any new construction due to the rapid change of conditions in the land movement that is negativity affecting our community. I am also hoping for clarification on the Urgency Ordinance, as it states “new construction” and “actively under construction meaning they have an approved building permit and have physically started construction”. What does physically started construction mean exactly? Erecting a chain-link fence? The gray area of this verbiage is unsettling to say the least for myself and my community, as we are already living on extremely rocky grounds. Please help us preserve our beloved Portugese Bend and stop these new construction projects until we can remedy the causation for this extreme and current land movement we are all experiencing. Thank you for your time. Vanessa Wade 19 Cinnamon Lane Rancho Palos Verdes (310)686-1558 I-12 From:Lisa Gladstone To:Amy Seeraty Cc:Brandy Forbes; Octavio Silva; Ara Mihranian Subject:Portuguese Bend BUILDING- Urgent Date:Thursday, November 2, 2023 5:18:12 PM EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Hello, We are very concerned resident of Portuguese Bend, specifically 18 Cinnamon lane directly across from Clovetree. . I’ve been in communication with the City Manager and several members of the City Council. I’m now in receipt of the Notice of the City public hearing. We’re all anxious about the accelerating land movement and the effects on our homes. We’ve been very thankful for the City’s leadership and heartened by the plans of the last few meetings, including the moratorium on building for now. We fully support the extension of the Urgency Ordinance for an additional 10+ months. Having said that, I am shocked to see construction fencing being installed a few houses away! I’ve been told that the Bacon property will be built, because he already has a building permit. The Urgency Ordinance mentions “new construction” but leaves very murky the definition of those which are already “actively under construction meaning they have an approved building permit and have physically started construction” . The Bacon property has newly erected construction fencing and a bobcat on the property. Many of us believe that this does not meet the definition of “physically started” . Racing to get shovels in the ground while this project threatens our neighborhood should not exclude it from the from the intended purpose of the Urgency Ordinance! Common sense begs that the Bacon property and others in similar positions are at least temporarily halted! We have active humps and cracks in our roads, which are going to worsen due to cement and construction trucks. We have restrictions on watering our yards, while heavy equipment, concrete pours, water used during construction will continue??? My neighbors directly across from the Bacon property have foundation cracks, as well as noticeable new sloping in their backyards. Building seriously defies common sense. While we experience this frightening movement, and the Reserve Trails are largely closed due to all this movement, how is it possible that building a home that threatens all of us will be allowed? We need time for the City to continue to work to mitigate the imminent threat to our properties and finances and should not be threated by the bureaucracy involved. Please do not allow building to continue. Thank you for your consideration. Sincerely, Lisa Gladstone Milt Owens 18 Cinnamon Lane I-13 From:Octavio Silva To:"Jim York"; Amy Seeraty Cc:Brandy Forbes; Steven Giang Subject:RE: Moritorium Extention 6001 PVDS Date:Tuesday, October 31, 2023 5:13:19 PM Attachments:image001.png Hi Jim, I hope all is well. As you may already know, Whitney left the City last week. I’m jumping in to provide an update on the various project components on the Point View property. The permits for the construction of the residence and ADU remain active, as you are currently in construction on the improvements. The Landslide Moratorium Exception Permit that are seeking for the construction of the pool is subject to the urgency moratorium ordinance that was adopted by the City Council earlier this month. Staff would be unable to process this permit as a result of the moratorium, which covers the entire landslide complex including Zone 1. The permit request for the entry gate and associated improvements remains active, as these improvements are not part of the landslide area. Its my understanding that you are currently seeking easement authorization from LA County to construct over an easement area. At the November 14th City Council meeting, we will be asking the City Council to consider exempting the Point View Compliance Review and CUP Revisions from the moratorium provisions, as these items do not directly result in new construction. Once a report is finalized, we’ll share it with you ahead of the meeting. We would also like to coordinate a meeting with you to discuss some of the CUP Revisions in light of the moratorium restrictions. Please let me know what day and time works best for you next week, so that I can schedule a meeting with Brandy (new CDD Director) and Steven Giang (New Project Planner). Please feel free to contact me if you have any questions. Thank you, I-14 • • • • Octavio Si Iv a Deputy Director/Planning Manager octavios@ r pvra.gov Phone -,(310) 544-5234 Adidres:.s: 309'40 Hawth orn e B,l vd . Ra n cho Pa los Verdes, CA 9027.5 Wehsilte : www.mv4:a.gov This e-mail message contains information bel1mging to the Qty of Rancho P'alos Verdes, which may be privileged, con6demial, and/or protected from dlsolosure. 11,e information is intended only for use of the imlividual oc entity n amed. Unauthorized di55emin.ation, dismbulion, oc co~ng is strictly pml,ibited If you re.ceived this email in error, or are not an intended recipient, please notify llhe sender immedJat:ely. Thank yoo for your assistaoce and cooperation. From: Jim York <theyorkproperties@gmail.com> Sent: Tuesday, October 31, 2023 1:07 PM To: Amy Seeraty <AmyS@rpvca.gov> Cc: Brandy Forbes <bforbes@rpvca.gov>; Octavio Silva <OctavioS@rpvca.gov>; Steven Giang <sgiang@rpvca.gov> Subject: Re: Moritorium Extention 6001 PVDS EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Thanks What is the status of the pending permits for the residences Jim Sent from my iPhone On Oct 31, 2023, at 12:08 PM, Amy Seeraty <AmyS@rpvca.gov> wrote:  Hello Jim- Just to follow up, please note that the residences that are already under construction can continue. <image005.png>Amy SeeratySenior Planner amys@rpvca.gov Phone - (310) 544-5231 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275Website: www.rpvca.gov <image006.png> <image007.png> <image008.png> This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential, and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. From: Amy Seeraty Sent: Friday, October 27, 2023 1:59 PM To: Jim York <theyorkproperties@gmail.com> Cc: Brandy Forbes <bforbes@rpvca.gov>; Octavio Silva <octavios@rpvca.gov>; Steven Giang <sgiang@rpvca.gov> Subject: RE: Moritorium Extention 6001 PVDS Hello Jim- I-15 Thank you for your email. I’m assuming it is in response to the public notice you received regarding the proposed item on the November 7th City Council agenda. Please also note that if you haven’t already, you should be receiving an updated notice stating that the City Council meeting will now be held on November 14th, not November 7th. Please note your email will be incorporated into the staff report. Thank you, <image009.png>Amy SeeratySenior Planner amys@rpvca.gov Phone - (310) 544-5231 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275Website: www.rpvca.gov <image006.png> <image007.png> <image008.png> This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential, and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. From: Jim York <theyorkproperties@gmail.com> Sent: Friday, October 27, 2023 12:11 PM To: Amy Seeraty <AmyS@rpvca.gov> Subject: Fwd: Moritorium Extention 6001 PVDS EXTERNAL EMAIL: Do not click links or open any attachments unless you recognize the sender and know the content is safe!!!. Begin forwarded message: From: Jim York <theyorkproperties@gmail.com> Date: October 27, 2023 at 7:08:15 AM PDT To: aseeraty@rpvca.gov, cc@rpvca.gov, Ara Mihranian <AraM@rpvca.gov> Cc: Terry Office <horistconstruction@yahoo.com> Subject: Moritorium Extention 6001 PVDS Hi Amy Our 25 acre property is not on a landslide and has not moved. If there is concern about movement around our property, why isn’t the ACLAD I-16 dewatering well on our property operating? We have several pending permits that need to be processed so we can complete the construction of 2 residences, install a new entry gate and continue to operate our Catalina View Gardens event and agricultural businesses The major risk to our property is wildfires. There have been several large ones over the years. We are in the middle of the Portuguese Bend nature preserve which has considerable vegetation that contributes to the high fire risk. It has been extremely difficult to get Fire insurance. Our insurance premium for the next year is $170,000 Our property should not be included in the Moritorium area Jim York I-17