CC SR 20240416 K - SB 1461 (Landslide State of Emergency)
CITY COUNCIL MEETING DATE: 04/16/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to support Senate Bill (SB) No. 1461 (State of
emergency and local emergency: landslide)
RECOMMENDED COUNCIL ACTION:
(1) Authorize Mayor Cruikshank to sign a letter in support of SB 1461 which would
add "landslide" as a condition constituting a state of emergency or local emergency
in the Emergency Services Act (ESA).
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Shaunna Hunter, MPA, Senior Administrative Analyst
REVIEWED BY: Same as below
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft SB 1461 Support Letter (page A-1)
B. Text of SB 1461 (as amended March 18, 2024)
C. Analysis by Senate Committee on Governmental Organization (page C-1)
BACKGROUND AND DISCUSSION:
SB 1461, authored by Senator Allen, proposes amending the ESA which gives authority
to the Governor to declare a local emergency in the case of extreme peril or threat to
public safety of property and persons living within a designated area. SB 1461’s proposed
changes (Attachment B) will expand the conditions under which the Governor can
exercise this authority, specifically adding "landslide" as a condition constituting a state
of emergency or local emergency.
The bill responds to longstanding impacts of the ancient Portuguese Bend Landslide
complex (PBLC) the community has faced since 1956 (and the City has faced since its
incorporation in 1973), which were initially activated by Los Angeles County’s project to
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RANCHO PALOS VERDES
extend Crenshaw Boulevard to Palos Verdes Drive South. The ancient PBLC is the
largest active landslide in North America and its impacts are felt on the City’s roads,
private roads, utility infrastructure, by individual residents, and within the open space
areas of the Palos Verdes Nature Preserve.
SB 1461 does not provide any funding allocation. However, the ability to proclaim a state
of emergency by the Governor could result in requesting the President declare a federal
disaster, which if declared, could deploy disaster assistance via the Federal Emergency
Management Agency (FEMA) and possibly the California Governor's Office of Emergency
Services (Cal OES). The bill aims to address the unique challenges posed by landslides
in the region given the ecological and regional disaster implications. SB 1461 seeks to
provide Rancho Palos Verdes with additional tools and resources to effectively manage
landslide risks and protect its residents and infrastructure.
The bill was on the consent calendar in the Senate Committee on Governmental
Organization (CGO) on April 9, 2024. Analysis provided by the CGO (Attachment C)
includes the bill author’s statement, which depicts the background of the PBLC in Rancho
Palos Verdes and is included below.
“since the 1950s, the City of Rancho Palos Verdes has experienced a slow-
moving landslide that has only been exacerbated by extreme storm events in
recent years. Continuous repairs to homes and public infrastructure such as
sewer, water, and power lines, and a high traffic road that serves as a wildfire
evacuation route cost the city upward of $1 million annually. Existing law
prevents the state from providing any disaster assistance to help the City
manage risks to public safety.”
CONCLUSION:
Senator Allen’s proposed bill specifically calls out Rancho Palos Verdes and the severe
and eminent financial and public safety impacts faced by the City and its residents.
Therefore, Staff recommends the City Council authorize the Mayor to sign a letter on
behalf of the City Council supporting SB 1461 (Attachment A).
ALTERNATIVES:
In addition to Staff’s recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter
3. Take other action, as deemed appropriate.
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April 16, 2024
The Honorable Ben Allen
California State Senate
1021 O Street, Room 6610
Sacramento, CA 95814
SUBJECT: Notice of Support for SB 1461
Dear Senator Allen,
I write on behalf of the City of Rancho Palos Verdes to urgently express our support for
Senate Bill (SB) No. 1461, advocating for the inclusion of landslides among the conditions
constituting a state of emergency or local emergency. Current legislation empowers the
Governor to declare a state of emergency in response to various disasters, yet landslides
are notably absent from this classification. This omission deprives affected areas, such
as ours, of vital emergency responses and resources available for other natural disasters.
The ancient Portuguese Bend Landslide Complex, triggered in 1956, has escalated due
to climate-driven extreme rainfall, causing a significant rise in the water table. This surge
in groundwater has accelerated the movement of the landslide complex with the land
shifting at an alarming rate, making this area the largest most active landslide zone in
North America. This increased groundwater has dramatically changed the nature of the
landslide complex, hastening the speed from a few inches to 10 feet of moveme nt
annually in certain areas.
The perpetual threat of sudden, massive land movement not only poses a regional
disaster but also an ecological catastrophe. Moreover, continuous land movement places
approximately 400 homeowners and our local infrastructure at constant risk of
catastrophic failure and heightens the potential for wildfires, particularly in this Very High
Fire Hazard Severity Zone. Given these circumstances, it is imperative that the City be
granted the tools to undertake all necessary measures to expeditiously mitigate the
impacts of the landslide. Therefore, we endorse SB 1461 and express our deepest
appreciation for your leadership on this paramount issue.
A-1
CITY OF
JOHN CRU ll<SHAN I<, MAYOR
ERIC A LEGR IA, MAYOR PRO T EM
DAVID L. BRADLEY, COUNC ILMEMBER
BARBARA FERRARO, COUNC ILMEMBER
PAU L SEO, COUNC IL MEMBER
i,;~
"'<> "' ~ RANCHO PALOS VERDES
For further information or clarification, please contact our legislative advocate, Sharon
Gonsalves, at Renne Public Policy Group, reachable at 916-974-9270 or via email at
sgonsalves@publicpolicygroup.com.
Thank you for your immediate attention to this matter.
Sincerely,
John Cruikshank
Mayor
cc: Senator Bill Dodd, Chair, Senate Governmental Organization Committee
Ben Allen, Senator, 24th State Senate District
Al Muratsuchi, Assemblymember, 66th Assembly District
Jeff Kiernan, Cal Cities
Marcel Rodarte, California Contract Cities Association
Sharon Gonsalves, Renne Public Policy Group
Rancho Palos Verdes City Council and City Manager
A-2
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Bill Dodd
Chair
2023 - 2024 Regular
Bill No: SB 1461 Hearing Date: 4/9/2024
Author: Allen
Version: 3/18/2024 Amended
Urgency: No Fiscal: Yes
Consultant: Brian Duke
SUBJECT: State of emergency and local emergency: landslide
DIGEST: This bill adds “landslide” to the conditions constituting a state of
emergency or a local emergency, as specified.
ANALYSIS:
Existing law:
1) The Emergency Services Act (ESA) authorizes the Governor to declare a state
of emergency, and local officials and local governments to declare a local
emergency, when specified conditions of disaster or extreme peril to the safety
of persons and property exist.
2) Defines the term “state of emergency” and “local emergency” to mean a duly
proclaimed existence of conditions of disaster or of extreme peril to the safety
of persons and property within the state caused by, among other things, fire,
storm, riot, or cyberterrorism, as specified.
This bill:
1) Adds “landslide” to the list of conditions that con stitute a state of emergency or
a local emergency.
2) Defines “landslide” to mean the movement of a mass of rock, debris, or earth
down a slope under the direct influence of gravity that travels at a speed of at
least one inch per year.
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Background
Author Statement. According to the author’s office, “since the 1950s, the City of
Rancho Palos Verdes has experienced a slow-moving landslide that has only been
exacerbated by extreme storm events in recent years. Continuous repairs to homes
and public infrastructure such as sewer, water, and power lines, and a high traf fic
road that serves as a wildfire evacuation route cost the city upward of $1 million
annually. Existing law prevents the state from providing any disaster assistance to
help the City manage risks to public safety.”
Further, “SB 1461 will expand the definition of disasters constituting a state of
emergency to include landslides. This will allow the City to request assistance
from CalOES under the California Disaster Assistance Act to mitigate the ongoing
effects of the landslide.”
In further support of the bill, the author’s office sites the Rancho Palos Verdes
Portuguese Bend Landslide Complex (PBLC), which is approximately 240 acres,
and was activated in 1956 during the extension of Crenshaw Boulevard, well
before the founding of the city of Rancho Palos Verdes, in Southern California.
Land moves at an average annual rate of 18 inches per year, and constitutes the
most active landslide area in North America. Movement occurs because of
subsurface dynamics between ground water and naturally occurring Bentonite Clay
mineral layer. The area is under continual threat of sudden major land movement,
which would be a South Bay regional disaster and ecological catastrophe. There
are 193 homes in the landslide area, many of which are moving with the land
across property lines, creating major disputes with no end in sight.
California Emergency Services Act. The ESA was enacted in 1970, and
established the Office of Emergency Services (OES) within the Governor’s Office.
Under the ESA, OES is charged with coordinating statewide emergency
preparedness; post emergency recovery and mitigation efforts; and the
development, review, approval, and integration of emergency plans.
The ESA gives the Governor the authority to proclaim a state of emergency in an
area affected or likely to be affected when: a) conditions of disaster or extreme
peril exist; b) the Governor is requested to do so upon request from a designated
local government official; or c) the Governor finds that local authority is
inadequate to cope with the emergency. Local governments may also issue local
emergency proclamations, which is a prerequisite for requesting the Governor’s
Proclamation of a State of Emergency.
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Specifically, the ESA defines a “state of emergency” as the duly proclaimed
existence of conditions of disaster or of extreme peril to the safety of persons and
property within the state caused by conditions such as air pollutio n, fire, flood,
storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage,
(deenergization event – specifically only for a local emergency), electromagnetic
pulse attack, plant or animal infestation or disease, the Governor’s warning of an
earthquake or volcanic prediction, or an earthquake, or other conditions, other than
conditions resulting from a labor controversy or conditions causing a “state of war
emergency,” which, by reason of their magnitude, are or are likely to be beyond
the control of the services, personnel, equipment, and facilities of any single
county, city and county, or city and require the combined forces of a mutual aid
region or regions to combat, or with respect to regulated energy utilities, a sudden
and severe energy shortage requires extraordinary measures beyond the authority
vested in the Public Utilities Commission.
The ESA grants the Governor certain special powers during a declared state of
emergency, which are in addition to any other existing powers otherwise granted.
For example, the ESA empowers the Governor to expend any appropriation for
support of the ESA in order to carry out its provisions, as well as the authority to
make, amend, and rescind orders and regulations necessary to carry out the ESA.
The orders and regulations shall have the force and effect of law.
The ESA is generally considered to give a governor broad authority to declare a
state of emergency or local emergency beyond the existing list of conditions.
Specifically, the ESA states “other conditions, other than conditions resulting from
a labor controversy or conditions causing a ‘state of war emergency,’ which, by
reason of their magnitude, are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of any single county, city and county, or city
and require the combined forces of a mutual aid region or regions to combat.”
To that end, Governor Newsom noted in his veto of AB 1403 (Levine, 2021)
which would have added a “deenergization event” to the list of conditions
constituting a state of emergency that the “legislation is unnecessary, as existing
statute provides broad emergency authority when disaster conditions are met.”
There are currently 57 open state of emergency proclamations in California
proclaimed by the Governor as of March 22, 2024. Event types for these states of
emergency include: early February 2024 storms; the fire near downtown Los
Angeles damaging a portion of the I-10 freeway; Humboldt Earthquake; extreme
heat event from August 2022; drought; high winds; wildfire; and tree mortality.
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With the nation’s largest population, and third largest land area among the states,
California is culturally, ethnically, economically, ecologically, and politically
diverse. California also faces numerous risks and threats to our people, property,
economy, and environment and is prone to earthquakes, floods, significant
wildfires, prolonged drought impacts, public health emergencies, cybersecurity
attacks, agricultural and animal disasters, as well as threats to homeland securit y.
OES takes a proactive approach to addressing these risks, threats, and
vulnerabilities that form the basis of its mission and has been tested through real
events, as well as comprehensive exercises that help OES to maintain a state of
readiness and to plan for and mitigate impacts.
Landslide. This bill proposes to add “landslide” to the list of conditions in the
ESA noted above that constitute a state of emergency or a local emergency. The
bill defines “landslide” to mean the movement of a mass of rock, debris, or earth
down a slope under the direct influence of gravity that travels at a speed of at least
one inch per year.
The California Department of Conservation tracks and maps landslides in
California and provides regular updates on their internet website. In the 1970s, the
California Geological Survey (CGS) prepared a series of “Geology for Planning”
and “Environmental Geological Analysis” reports and maps for local agencies in
urban areas. These products were designed to assist local agencies in urbanizing
areas. These products were designed to assist local agencies in evaluating hazards
and developing policies that consider landslide hazards as residential development
spread into landslide-prone terrain.
Following the 1982 El Nino storms in the San Francisco Bay area, the Landslide
Hazard Mapping Act mandated new maps to show landslides and landslide
hazards. Landslide Hazard Identification Maps were prepared by CGS for use by
local government planners from 1986 to 1995. A set of three to four maps was
prepared for each map study area, usually encompassing a USGS 7.5 -minute
topographic quadrangle map. Current active landslide mapping programs at CGS,
and their respective products, include: the Forest and Watershed Geology Program;
Seismic Hazards Program; Highway Corridor Landslide Hazard Mapping; and
technical reports and disaster response.
CGS regularly provides technical input and advice to OES during and immediately
following major landslide events, and immediately following major wildfires in
anticipation of post-fire debris flows. CGS provides brief reports on individual
emergency response tasks to OES and local emergency response agencies to assist
them in evaluating ongoing hazards and planning for recovery. Post-event reports
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and maps documenting landslide occurrences have been summarized as Open -File
Reports, articles in California Geology magazine, and on CGS’s web pages.
CGS classifies landslides with a two-part designation. The designation captures
both the type of material that failed and the type of movement that the failed
material exhibited. Material types are broadly categorized as either rock or soil, or
a combination of the two for complex movements. Rock refers to hard or firm
bedrock that was intact and in place prior to slope movement. Soil, either residual
or transported material, is used in the engineering sense to mean unconsolidated
particles or poorly cemented rock or aggregates.
Soil is distinguished further on the basis of texture as debris (coarse fragments) or
earth (fine fragments). The distinction between rock and soil, and the further
distinction between debris and earth is most often based on interpretation of
geomorphic characteristics within landslide deposits, but can also be inferred from
geologic characteristics of the parent material described on maps or observed in the
field.
According to CGS, landslide movements are interpreted from the geomorphic
expression of the landslide deposit and source area, and are categorized as falls,
topples, spreads, slides, or flows. Falls are masses of soil or rock that dislodge
from steep slopes and free-fall, bounce, or roll downslope. Topples move by the
forward pivoting of a mass around an axis below the displaced mass. Lateral
spreads, commonly induced by liquefaction of material in an earthquake, move by
horizontal extension and shear or tensile fractures.
Slides displace masses of material along one or more discrete planes. In rotational
sliding the slide plane is curved and the mass rotates backwards around an axis
parallel to the slope; in translational sliding the failure surface is more or less
planar and the mass moves parallel to the ground surface. Flows mobilize as a
deforming, viscous mass without a discrete failure plane. More than one form of
movement may occur during a failure, in which case the movement is classified as
complex if movements occur sequentially and composite if they do not.
This bill defines “landslide” to mean the movement of a mass of rock, debris, or
earth down a slope under the direct influence of gravity that travels at a speed of
less than one inch per year.
But Time Makes You Bolder. In recent years, and with varying levels of success,
legislators have attempted to expand the conditions constituting a state of
emergency or local emergency. For example, SB 468 (Dodd, Chapter 537,
Statutes of 2022) added “electromagnetic pulse attack” to the list of conditions
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constituting a state of emergency or a local emergency, and SB 52 (Dodd, Chapter
597, Statutes of 2021) added “deenergization event” to the list of conditions
constituting a local emergency.
Alternatively, Governor Newsom vetoed AB 1403 (Levine, 2021), writing that the
“bill would specify that conditions constituting a state of emergency under the
California Emergency Services Act may include a deenergization event, defined as
a planned power outage. This legislation is unnecessary, as existing statute
provides broad emergency authority when disaster conditions are met.”
Additionally, SB 1455 (Hertzburg, 2020) which would have added
“electromagnetic pulse attack” to the list of conditions was never referred out of
the Senate Rules Committee, and AB 2306 (Donnelly, 2012) which would have
added “border security,” failed passage in the Assembly Governmental
Organization Committee.
AB 1786 (Rodriguez, 2024) of this year proposes to further add “climate change”
and “climate change exacerbated conditions” to the list of conditions for which a
state of emergency or local emergency may be proclaimed.
It is important to keep in mind that the conditions listed in the ESA , which this bill
seeks to expand, are not exhaustive or intended to be the only conditions that can
be used by the Governor to declare a state of emergency or local emergency.
Policy Considerations. As drafted, this bill includes the following definition of a
landslide:
“Landslide” means the movement of a mass of rock, debris, or earth down a
slope under the direct influence of gravity that travels at a speed of at l east
one inch per year.
If this bill were to be chaptered, this would be the first time a definition is included
and attached to one of the conditions constituting a state of emergency or a local
emergency. Further, the introduction of a definition might not only be unnecessary
but could also lead to challenges in the practical application of the ESA.
The existing broad authority granted by the ESA allows for a flexible response to a
wide range of emergency situations, including those not explicitly li sted. By
specifying a detailed definition for landslides, this flexibility could be inadvertently
restricted, potentially leading to delays or complications in declaring a state of
emergency for incidents that technically fall outside the defined parameters but
nevertheless pose significant risks.
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Moreover, the definition as proposed seems to conflate the terms "landslide" and
"creep," potentially leading to confusion. Geologically, "creep" refers to the slow,
gradual movement of soil or debris down a slope, typically occurring at the rates
specified in the bill (at least one inch per year). In contrast, landslides are
generally understood to involve a much faster movement of earth materials, often
triggered by specific events like heavy rains or earthquakes. This distinction is
critical for emergency management, as the response strategies and potential
impacts on public safety and infrastructure can vary significantly between slow -
moving creeps and rapid landslides.
Should this bill move forward, the author may wish to reconsider how to define
“landslide,” and/or whether or not the definition belongs here and simply remove it
instead.
Prior/Related Legislation
AB 1786 (Rodriguez, 2024) among other things, adds “climate change” and
“climate change exacerbated conditions” to the list of conditions for which a state
of emergency or local emergency may be proclaimed. (Pending in the Assembly
Emergency Management Committee)
SB 468 (Dodd, Chapter 537, Statutes of 2022) added “electromagnetic pulse
attack” to the list of conditions constituting a state of emergency or local
emergency.
SB 52 (Dodd, Chapter 597, Statutes of 2021) added a “deenergization event” to the
list of those conditions constituting a local emergency, with prescribed limitations.
AB 1403 (Levine, 2021) would have added “deenergization event” to the list of
conditions constituting a state of emergency and local emergency, as specified.
(Vetoed by Governor Newsom)
SB 1455 (Hertzberg, 2020) would have added “electromagnetic pulse attack ” to
the list of conditions constituting a state of emergency or local emergency. (Never
referred by the Senate Rules Committee)
AB 2178 (Levine, 2020) would have included “deenergization” defined as a
planned public safety power shutoff, as specified, t o the list of conditions
constituting a state of emergency and local emergency. (Never heard in the Senate
Governmental Organization Committee)
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SB 231 (Galgiani, 2019) would have revised the definition of a local emergency to
include conditions of disaster or extreme peril to the safety of persons and property
within the territorial limits of a district established under the Harbors and
Navigation Code, as specified. (Never heard in the Senate Governmental
Organization Committee)
SB 531 (Galgiani, 2017) would have revised the definition of a local emergency to
include conditions of disaster or extreme peril to the safety of persons and property
within the territorial limits of a district established under the Harbors and
Navigation Code, as specified. (Vetoed by Governor Brown)
SB 532 (Dodd, Chapter 557, Statutes of 2017) added “cyberterrorism” to the list of
conditions constituting a state of emergency and a local emergency.
AB 2306 (Donnelly, 2012) would have added “border security” to the list of
conditions that constitute a state of emergency or local emergency for purposes of
the ESA. (Failed passage in the Assembly Governmental Organization
Committee)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT:
None received
OPPOSITION:
None received
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