CC RES 2024-005 RESOLUTION NO. 2024-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, CONTINUING
THE LOCAL EMERGENCY DECLARATION BY 60 DAYS
UNTIL APRIL 6, 2024, AS ESTABLISHED BY
RESOLUTION NO. 2023-47 ADOPTED ON OCTOBER 3,
2023
WHEREAS, on October 3, 2023, the City Council of the City of Rancho Palos
Verdes adopted Resolution No. 2023-47, declaring a local state of emergency because
of the alarming increase of land movement in the Greater Portuguese Bend Landslide
Complex, as depicted in Resolution No. 2023-47 Exhibits "A" and "B". Resolution No.
2023-47, and the exhibits thereto, is incorporated by reference.
WHEREAS, on October 3, 2023, the City Council by a 4/5 vote also adopted
Interim Urgency Ordinance No. 674U, establishing a moratorium on all construction in the
Landslide Complex.
WHEREAS, on November 14, 2023, the City Council by a 4/5 vote adopted
Resolution No. 2023-56, continuing the state of emergency for an additional 60 days.
WHEREAS, on December 19, 2023, the City Council by a 4/5 vote adopted
Resolution No. 2023-61, continuing the state of emergency for an additional 60 days.
WHEREAS, the state of emergency 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 abated or mitigated to
insignificance.
WHEREAS, after consideration of all facts reasonably available the City Council
now desires to extend the declaration of a state of local emergency within the 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, and
continues to exist, an actual condition of peril to the safety of persons and property exiting
within the Greater Portuguese Bend Landslide, comprised of the Portuguese Bend
Landslide, the Abalone Cove Landslide, and the Klondike Canyon Landslide), as depicted
in Exhibits "A" and "B" of Resolution No. 2023-47, and hereby proclaims that a state of
local emergency continues to exist 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, Resolution No. 2023-47 and any other
applicable resolutions, and approved plans of the City in order to mitigate the effects of
the local emergency.
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 within the 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 Landslide Complex
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 6th day of February, 2024.
n C uikshank, Mayor
ATTEST:
Te eta 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, hereby certify that
the above Resolution No. 2024-05 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on February 6, 2024.
ere; _Iakaoka, City Clerk
Resolution No 2024-05
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