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CC SR 20240507 02 - Landslide Emergency (Attachments Forthcoming as Late Correspondence) CITY COUNCIL MEETING DATE: 05/07/2024 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to receive a report on the Greater Portuguese Bend Landslide Complex and approve work to be conducted on the Portuguese Bend Landslide Emergency Hydraugers Project. RECOMMENDED COUNCIL ACTION: (1) Receive and file an update on: a. Current conditions from the City Geologist on the Portuguese Bend Landslide Complex; b. Current trail conditions impacted by the Portuguese Bend Landslide Complex within the Palos Verdes Nature Preserve; c. Project activities responding to land movement within the Portuguese Bend Landslide Complex; d. Building inspections in the landslide area; e. Construction repair permit fee waivers; (2) Approve an additional appropriation of $875,000 from the Capital Infrastructure Program (CIP) Fund for repairs to Palos Verdes Drive South and other public roadways in the landslide area; (3) Approve the Portuguese Bend Landslide Emergency Hydraugers Project construction plans, subject to modifications by the Engineer-of-Record; (4) Award a task-order construction contract to Malcolm Drilling Company, Inc. for the Portuguese Bend Landslide Emergency Hydraugers Project in the not-to-exceed amount of $9,000,000; (5) Award a professional services agreement to Geo-Logic Associates, Inc. for engineering and associated services during construction for the Portuguese Bend Landslide Emergency Hydraugers Project in the amount of $275,000; (6) Award a professional services agreement to Hout Construction Services, Inc. DBA Hout Engineering for construction management , inspection, and associated services for the Portuguese Bend Landslide Emergency Hydraugers Project in the amount of $310,000; (7) Award a professional services agreement to Paul Hansen Engineering, LLC for cost estimating, scheduling, and associated services for the Portuguese Bend Landslide Emergency Hydraugers Project in the amount of $50,000; (8) Approve an additional appropriation of $6,772,400 from the CIP Fund for the Portuguese Bend Landslide Emergency Hydraugers Project; (9) Approve the reallocation of $2,862,600 from the American Rescue Plan Act (ARPA) Fund to the CIP Fund for the Portuguese Bend Landslide Emergency Hydrauger Project consisting of $500,000 from the Roadway Asset Management 1 Program (Crenshaw Boulevard) and $2,362,600 for the Western Avenue Beautification Project; (10) Authorize the Mayor to execute the construction contract and professional services agreements in a form approved by the City Attorney; (11) Adopt Resolution No. 2024-___ thereby continuing the local emergency declaration by 60 days until July 6, 2024 as established by Resolution No. 2023 - 47 adopted on October 3, 2023; and extended by Resolution No. 2023 -56 adopted on November 14, 2023, Resolution No. 2023 -61 adopted on December 19, 2023, Resolution No. 2024-05 adopted on February 6, 2024, and Resolution No. 2024- 13 adopted on March 19, 2024; (12) Authorize the Mayor to send a letter to the City of Rolling Hills and the Rolling Hills Homes Association to collaborate on conducting a holistic hydrology study and developing a remediation plan with the City and Klondike Canyon Landslide Abatement District; and, (13) Review the Portuguese Bend Community Association’s loan request and provide staff with direction. FISCAL IMPACT: If the recommended Council actions are approved, to initiate the emergency hydraugers project immediately, the total appropriation needed is $9,635,000 and $875,000 for the repairs to Palos Verdes Drive South and other roadways in the landslide area. The total additional appropriation request is $10,510,000. The proposed allocations are as follows: (1) $5,000,000 from the CIP Fund, applying the City Council Policy Reserve Policy No. 41 for major improvement projects related to roadway or right-of-way; (2) $2,862,600 from the ARPA Fund; and (3) the remaining amount of $2,647,400 from the CIP Fund, with a beginning FY 2023-24 fund balance of $35.3 million. Any potential grant sources received in the future will reimburse the CIP Fund. VR Amount Budgeted: $2,486,500 Additional Appropriation: $10,510,000 Account Number(s): 330-400-8304-XXX $6,772,400 (CIP Fund – PB Landslide - Various) 333-400-8304-XXXX $2,862,600 (ARPA – PB Landslide - Various) 330-400-8840 and 8808-XXXX $2,862,600 (CIP Fund – Western/Crenshaw - Various) 330-400-8302-XXXX $875,000 (CIP Fund – PVDS Landslide - Various) ORIGINATED BY: Ramzi Awwad, Public Works Director REVIEWED BY: Same as above APPROVED BY: Ara Mihranian, AICP, City Manager 2 ATTACHED SUPPORTING DOCUMENTS: Due to time limitations, the following attachments will be provided as late correspondence in advance of the May 7 City Council meeting: A. Resolution No. 2024-___ Continuing Local Emergency (Page A-1) B. Updated City Geologist Report and Landslide Map (Page B-1) (forthcoming as late correspondence) C. Portuguese Bend Landslide Emergency Hydraugers Project Construction Plans (Page C-1) (forthcoming as late correspondence) D. Task-Order Construction Contract with Malcolm Drilling, Inc. for Construction of the Portuguese Bend Landslide Emergency Hydraugers Project (Page D-1) (forthcoming as late correspondence) E. Professional Services Agreement with Geo-Logic for Engineering and Associated Services During Construction for the Portuguese Bend Landslide Emergency Hydraugers Project (Page E-1) (forthcoming as late correspondence) F. Professional Services Agreement with Hout Construction Services, Inc. DBA Hout Engineering for construction management, inspection services, and associated services for the Portuguese Bend Landslide Emergency Hydraugers Project (Page F-1) (forthcoming as late correspondence) G. Professional Services Agreement with Paul Hansen Engineering, LLC for Cost Estimating, Scheduling, and Associated Services for the Portuguese Bend Landslide Emergency Hydraugers Project (Page G-1) (forthcoming as late correspondence) H. Draft Letter to City of Rolling Hills and Rolling Hills Homes Association (Page H-1) (forthcoming as late correspondence) I. Portuguese Bend Community Association Loan Request Letter dated April 24, 2024 (Page I-1) J. March 19, 2024 City Council Staff Report BACKGROUND: On October 3, 2023, the City Council conducted a discussion regarding the conditions of the Greater Portuguese Bend Landslide Complex (Landslide Complex). After considering information presented that evening, including public testimony, the City Council unanimously adopted Resolution No. 2023-47 declaring the existence of a local emergency within the geographic boundaries of the Landslide Complex. 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. At subsequent meetings, the City Council received updates on conditions in the Landslide Complex as well as measures underway by various entities to reduce landslide movement; and extended the local emergency on multiple occasions. On March 19, 2024, the City Council approved moving forward with emergency work in the Portuguese Bend Landslide (PBL) consisting of installing two emergency hydrauger 3 systems with five drain arrays each and associated work. The City Council directed Staff to return with a construction contract for City Council consideration or ratification at the earliest opportunity. Also on March 19, 2024, the City Council also directed Staff to explore assisting the Abalone Cove Landslide Abatement District (ACLAD) and the Klondike Canyon Landslide Abatement District (KCLAD) with in-kind services and financial assistance in the form of a loan for landslide mitigation measures prepared by a licensed geotechnical engineering company and return to the City Council for consideration. The City Council is now, among other things, receiving a report on various items associated with the Landslide Complex and to consider approving plans and contracts for the emergency hydraugers project. DISCUSSION: Current Conditions from the City Geologist in the Landslide Complex The Landslide Complex encompasses four historically active landslide areas in the City: the Portuguese Bend Landslide (PBL), the Abalone Cove Landslide (ACL), the Klondike Canyon Landslide (KCL), and the Beach Club Landslide (BCL). However, it also includes areas outside of the City’s historical boundaries of those known landslides predominantly uphill from the Portuguese Bend and Abalone Cove landslides, within the Ancient Portuguese Bend Landslide Complex as mapped by various agencies (i.e., U.S. Geological Survey, California Geological Survey) and other researchers. Since the last update to the City Council on February 6, 2024, the City Geologist, Mike Phipps of Cotton, Shires, and Associates, Inc. (CSA) conducted additional field mapping throughout the Landslide Complex; observed conditions at various site-specific locations impacting residential neighborhoods, public infrastructure, and where trails have been impacted; reviewed additional survey and rainfall data; and participated in the weekly Portuguese Bend Landslide Complex Working Group meetings. The City Geologist is reporting that rainfall and the resulting runoff and infiltration into the Landslide Complex continues to adversely affect the landslide area, following a significantly wetter than average (193%) rainy season in 2022 -23. The second wettest February (11.22 inches) in the 67-year history of the Rolling Hills Fire Station rain gauge was recorded, after which rainfall amounts moderated in the latter half of March and through April to date, with 3.28 inches of rain falling since March 15, 2 024. The current season rainfall total is 23.01 inches, about 169% of the season average over the past 67 years. CSA’s January 29, 2024 update noted that average land movement velocities within the Landslide Complex from October 10, 2023 to January 13, 2024 had accelerated by a factor of 3x to 4x compared to the previous 12 -month period (Oct 2022-Oct 2023). The March 15, 2024 update noted that land movement velocities within the Landslide Complex had then accelerated an additional 1.3x to 2.2x through early March, compared to the movement velocities in the October 2023-January 2024 timeframe. This acceleration was 4 noted to be greatest in the ACL (2.2x) and areas upslope of it in the Ancient Portuguese Bend Landslide (2.1x). The lowest acceleration (1.3x) was for points in the KC L. Preliminary GPS survey data prepared by McGee Surveying Consulting, covering the period March 8, 2024 to April 17, 2024, were recently reviewed and analyzed. Across the entire landslide complex, average land movement velocity has accelerated an additional 76% (1.76x) above the January-March 2024 velocity. Recent land movement rates are approximately 6 to 9 inches per week in the ACL, 5 to 9 inches per week in the PBL, and 1 to 4 inches per week in the KCL . The middle of the overall Landslide Complex is moving the fastest at >9 inches per week. This information is shown graphically in Attachment B. Average land movement velocities have increased 95x, 31x and 41x over November 2019 measurements, for the ACL, PBL and KCL, respectively. The entire active landslide complex (area of major land movement now evident at the ground surface) has expanded from 380 acres to 675 acres. This movement continues to manifest at the ground surface in the form of landslide scarps, fissures, grabens/sinkholes, tensional cracking, shear zones and thrust features. Due to the continued acceleration, the ground movement features have continued to enlarge, expand, widen, or grow depending on the type of feature and location. Incremental horizontal displacements with land movement vectors from October 2022 through April 17, 2024 are shown in Attachment B. Road conditions on Palos Verdes Drive South (PVDS) across the lower landslide complex continue to be adversely impacted due to differential rates of land movement currently ranging from about 5 to 8 inches per week. More surface expression of land movement is also evident but is still slowly developing along the eastern margin of the KCL on Exultant Drive, Admirable Drive, the PVDS frontage street, and the Dauntless Drive/Admirable Drive intersection in the Seaview neighborhood. Rapidly deteriorating conditions have been observed on private roads in the Portuguese Bend Community Association, most notably Narcissa Drive, Cinnamon Lane, and Vanderlip Road which have been impacted by major fissures and the formation of grabens. Additionally, Seawall Drive in the Portuguese Beach Club is being deformed by bulging/uplifting ground at the toe of the KCL. The beach area of the Portuguese Beach Club appears to be undergoing significant uplift across a broad area. Beach School Trail (Road) continues to undergo deformation in the lower ACL area but remains passable to the Portuguese Bend Nursery School and L.A. County lifeguard station due to ongoing maintenance efforts. Movement of the Landslide Complex overriding Portuguese Point south of PVDS has toppled a portion of the rock retaining wall adjacent to Olmsted Trail and is affecting authorized users of Olmsted Trail access to Abalone Cove. In summary, the PBL, ACL, KCL, and a large portion of the Ancient Portuguese Bend Landslide Complex above the historically mapped PBL, ACL and KCL boundaries are involved in significant active landslide movement moving at unprecedented rates, predominantly in response to two consecutive seasons of significantly above average rainfall. 5 The City Geologist will be attending the May 7 meeting to provide the City Council and public with an updated report since the March 19 meeting. The City Council is being asked to receive and file an update on current conditions in the Landslide Complex. Current Palos Verdes Nature Preserve Trail Conditions within the Landslide Complex Large parts of the Palos Verdes Nature Preserve (Preserve) are located within the Landslide Complex. Specifically, the Portuguese Bend Reserve, Abalone Cove Reserve, and parts of the Forrestal and Filiorum Reserves are located within the Landslide Complex. Many of these areas are seeing landslide -related damage including fissures, rockslides, sink holes, unstable trails, and significant erosion. Out of concern for public safety, and in consultation with the City Geologist, the City Manager has temporarily closed large areas of these Preserve consisting of approximately 8 miles of passive recreation trails. Staff continue to monitor these and other trails, and extensive repairs will likely be needed before these trails can be reopened for public use after the area has been stabilized. Since the last update to the City Council, land movement has continued in the Preserve; most notably in areas along Burma Road Trail, Peppertree Trail, Landslide Scarp Trail, Garden Trail, Ishibashi Trail and in the surrounding landscapes. Portions of Burma Road are no longer accessible by vehicle, are difficult to traverse on foot, and have seen significant elevation changes in areas where fissures divide and break the road. Areas of Burma, near lower Rim Trail, are nearly impassable without step stools/ladders, or similar tools to assist with the elevation differences within the road/trail tread. Many areas remain additionally damaged from the heavy February/March 2024 storms including elevation changes, increased erosion, and additional and expanded fissures. The area off-trail within the Lay Reserve, north of Cinnamon Lane, saw substantially increased damage from fissures, even after multiple repairs. Four CalWater water main breaks occurred in the Portuguese Bend Reserve in the vicinity of Vanderlip Trail, causing water and debris to flow down Vanderlip Road and damage Gary’s Gulch and Vanderlip Trails. New fissures were observed opening up on Vanderlip Trail. CONTINUED ON THE NEXT PAGE 6 Photo 1: Spur Trail Extending North from Cinnamon Lane Photo 2: Spur Trail Extending North from Cinnamon Lane 7 Photo 3: Vehicle Access Trail in Between Plumtree Trail and Cinnamon Lane Spur Trail Photo 4: New activity has been observed along the lower portion of Vanderlip Trail 8 Photo 5: Mud and Water on Gary’s Gulch Trail Near the Entrance from Vanderlip Drive 9 The City Council is being asked to receive and file an update on current trail conditions within the Landslide Complex of the Palos Verdes Nature Preserve. Activities 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 p.m. and posts meeting minutes to the City’s website under the Land Movement homepage. The purpose of the working group is to coordinate, develop and implement actions with participating members 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 proactively 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) 10 • Southern California Edison (SCE) • Seaview Residential Association • Portuguese Bend Community Association • Portuguese Bend Beach Club Homeowners Association • Palos Verdes Peninsula Land Conservancy (PVPLC) • 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 A summary of key recent activities is presented below: Fissure Filling: A combined effort including the Recreation and Parks Department, Public Works Department, ACLAD, and KCLAD continues to be underway to fill as many fissures as possible (especially in advance of forecasted rain), with geologists providing direction on priorities. Additionally, the PVPLC Volunteer Trail Crew is assisting with mainten ance to repair fissures and erosion on trails to keep as many trails within the landslide area open as possible. Water Distribution Pipes: In the Portuguese Bend Community Association neighborhood (PBCA), Cal Water completed construction to bring the water distribution pipe above ground for a segment at Clovetree Place and near Cinnamon Lane, installed swing joints on existing above- ground water lines on PVDS south of Wayfarers Chapel, and deployed an emergency portable booster connection to continue water distribution during main break repairs. Work is also underway to bring above ground a section of water main at Vanderlip Drive and install a swing joint. Cal Water is continuing planning work on several other projects including bringing the segment between PVDS and Yacht Harbor Drive above ground, installing swing joints throughout Narcissa Drive, and replacing watermains in the Seaview neighborhood. The City continues to work with Cal Water to expedite these projects. Sanitary Sewers: Inspection and repair of the underground sanitary sewers in the Seaview neighborhood is being regularly conducted by the Los Angeles County Public Works, who maintains and operates the system. Due to repeated sanitary sewer breaks in certain areas, the City is discussing possibly re-routing certain segments of the sewer to avoid the areas of greatest movement. Utility Poles in Preserve: 11 SCE is currently engaged in a project to remove 40 de-energized utility poles from the Portuguese Bend Reserve because the land movement has made ongoing maintenance of these poles untenable. The work is occurring in consultation with the City Geologist. SCE has removed their lines from the 40 utility poles and now Cox is scheduling the removal of their lines so that SCE can then return and remove their poles. Cox is tentatively scheduled to begin their line removals in May. Land Movement Surveying: Staff ordered a GPS land movement survey of select locations representative of the Landslide Complex in April 2024 to understand land movement rates in comparison to recent surveys (March 2024, January 2024, December 2023, and October 2023). The survey was conducted in late April 2024 and the report is being developed for public distribution, which is expected to occur in the next two weeks. Initial raw data has been reviewed by the City Geologist and is summarized earlier in this report. Staff continues to coordinate with the City Geologist , ACLAD, and KCLAD to identify additional monitoring points in response to increased and expanded land movement. KCLAD Activities: KCLAD now has a total of 4 operational wells which are pumping a total of approximately 225 gallons per minute at the time of publication of this report. A fifth well is currently being repaired and is expected to become a productive pumping well. Water level readings from monitoring wells have shown the water level rising after the recent rainfall. The tarps installed to prevent water infiltration remains a priority within the Klondike Canyon Landslide boundary fissure and continues to be maintained by City crews on a regular basis, especially in advance of forecasted storms. The City and KCLAD have been meeting with the Los Angeles County Flood Control District (LACFCD), which has jurisdiction over Klondike Canyon, to discuss surface drainage in Klondike Canyon to minimize recharging the water table thereby reducing landslide movement. LACFCD is peer reviewing drainage solutions proposed by KCLAD for Klondike Canyon to reduce surface water infiltration and resultant land movement. The City shared available information with LACFCD and will continue to coordinate with LACFCD to facilitate their peer review. ACLAD Activities: Two new ACLAD-funded wells north of PVDS have been installed and are now operational. ACLAD and the City are working jointly to install temporary flexible drainage pipe for the Kelvin Canyon Spring so that surface water does not infiltrate into the ground and contribute to land movement by recharging the water table. The City and ACLAD have been meeting with LACFCD, which has jurisdiction over Altamira Canyon, to discuss Altamira Canyon as it relates to reducing landslide 12 movement. LACFCD is peer reviewing the Altamira Canyon Drainage / Erosion Control project study report prepared by the City (through its consultant Harris & Associates, Inc.). The City shared available information with LACFCD and will continue to coordinate with LACFCD to facilitate their peer review. The City Council is being asked to receive and file an update on activities in the Landslide Complex related to the emergency declaration. Building Inspections in the Landslide Area Building Division Staff continue to proactively conduct windshield inspections of the residential neighborhoods (PBC, Seaview, and PBCA) within the landslide complex multiple times per week to monitor conditions, particularly structures. Staff have also visited commercial/institutional sites to evaluate the safety of the structures. The National Historic Registered Wayfarers Chapel continues to experience significant damage due to land movement. Representatives from the Chapel are beginning the process to secure approvals from the National Park Service and the City to dismantle and preserve the Chapel Building until land movement can be stabilized. The City will continue to work with Chapel representatives to ensure the building is protected and remains a landmark in Rancho Palos Verdes. To date, the City’s Building Official has red-tagged two homes in the Seaview neighborhood and the administration building on the Wayfarers Campus due to structural damage sustained as a result of land movement. No other structures within the landslide complex have been yellow- or red-tagged (which limits and/or prohibits occupancy). It is the City’s obligation to ensure and protect public health and safety. Accordingly, site and building inspections will occur when warranted with voluntary compliance, unle ss an inspection warrant is deemed necessary. The City Council is being asked to receive and file an update on building inspections in the Landslide Complex. Construction Repair Permit Fee Waiver Planning and Building Division Staff have received some applications for urgent repairs for properties within the landslide area, including roof and foundation work. The Rancho Palos Verdes Municipal Code Section 17.78.010 states that any permit or application fees (excluding City consultant review fees) associated with the proposed reconstruction of a building or other structure (or portion thereof) that has been damaged or destroyed by fire, earthquake, landslide or an involuntary act of the property owner shall be waived, provided that the rebuilt building or structure is no more than 250 square feet larger than it was prior to the damage or destruction, and provided that the applicant can demonstrate that said fees are not covered by the applicant's homeowners' insurance policy. Staff will continue to waive permit and application fees for repairs to properties affected by the Landslide Complex. Additionally, the City will streamline applications for repair work to structures affected by the landslide. 13 The City Council is being asked to receive and file an update on fee waivers in the Landslide Complex. Added Funding for Repairs to Palos Verdes Drive South and Public Roadways The City continues to inspect PVDS and public roadways in the Seaview Neighborhood on a regular basis. Repairs continue to be conducted as needed, particularly on PVDS. On March 19, 2024, the City Council granted the City Manager the authority to double the sum of the agreement with Hardy and Harper, Inc. (H&H) for landslide road repairs. This action allows the City Manager to amend the agreement with H&H to a not -to-exceed amount of $2,100,200 for FY 2023-24. The amount currently budgeted for FY23-24 is $1,125,000. Staff anticipates the total cost of repairs for FY 2023-24 to be in the range of approximately $2,000,000. Staff recommends increasing the budget for PVDS and other landslide road repairs by $875,000 for FY 2023-24. Staff will pursue disaster recovery reimbursement funding for the costs to repair PVDS , as will be described in more detail later in this report. A traffic engineering evaluation of signs on PVDS was recently completed. As a result, some new signs have been installed, including warning signs in advance of the area known as the “ski jump” and near Altamira Canyon. The ground on both sides of the rift/scarp at the “ski jump” is continuing to move, with the east side dropping relatively faster than the west side. The elevation difference at this break is increasing rapidly and jeopardizing PVDS. An interim repair was performed to smooth out the grade difference; however, a more significant regrading is needed. The City’s consultants are developing construction documents to regrade the road in that area, which may require a temporary closure of PVDS. In the event of a temporary closure of PVDS, Staff are exploring ways to minimize the disruption to traffic through the potential use of off-peak construction hours and detours. PVDS typically accommodates approximately 15,000 daily trips. The regrading is likely to be accomplished by building up the east side of the “ski jump” and even potentially cutting the west side. The City is exploring building up the east side using innovative materials such as geofoam blocks, which are synthetic lightweight blocks with similar compression strength as traditional fill materials. The design will be very closely coordinated with the Los Angeles County Sanitation Districts to carefully consider impacts on the sanitary sewer trunk lines. A construction plan is being developed and will be presented to the City Council at a future date. The City Council is being asked to approve an additional appropriation of $875,000 for repairs to PVDS and other public roads affected by the Landslide Complex. Emergency Hydrauger Arrays Construction Plans 14 Due to the alarming increase in the rate of land movement in the Landslide Complex, the City’s geotechnical engineering design consultant, Geo -Logic Associates, Inc. (GLA) has been developing plans (in addition to their assignment to complete the plans for the Portuguese Bend Landslide Remediation Project) to implement emergency stabilization measures for the PBL. These emergency measures focus on the fastest-moving portion of the PBL and consist of the following items and shown in Exhibit 1: • Fissure infilling and limited grading to allow access for construction equipment. • Boreholes to gather data for validating modeling assumptions and to better estimate quantity and quality of groundwater to be removed. • Emergency Hydrauger System E-1 (Hydrauger Array E-1) consisting of an array of five directionally-drilled drains, associated temporary water storage and management facilities, and drainage discharge lines. • Emergency Hydrauger System E-2 (Hydrauger Array E-2) consisting of an array of five horizontally-drilled drains, associated temporary water storage and management facilities, and drainage discharge lines. Exhibit 1: Approximate Locations of Emergency Mitigation Measures GLA recommends the installation of Hydrauger Array E-1, with its drains installed below the underground slip plane on which land moves (basal failure plane), as shown in Exhibit 2, as the most beneficial emergency measure at this time. The results of GLA’s computer modeling of the landslide indicate that artesian pressure at landslide toe is the greatest contributor to land movement. According to the results of GLA’s calculations, this emergency measure will stabilize the fastest moving part of the PBL by relieving artesian water pressure in the area of highest intensity, i.e., at the southeastern portion of the PBL toe. Moreover, Hydrauger Array E-1 can be installed in a relatively short timeframe 15 because the initiation point is relatively accessible. Additionally, the logistics for the operation are relatively straightforward, i.e. and there is enough room to maneuver and to accommodate temporary groundwater holding facilities, access to power is convenient, and groundwater discharge points are in relative proximity. The staging pad area is estimated at this time to be approximately 125’ x 125’, but is being assessed to minimize its footprint. The design for Hydrauger Array E-1 considers two potential launch points. The preferred location that is most likely to yield the greatest benefit is at the Portuguese Beach Club (PBC) in the area of Yacht Harbor Drive and Seawall Road. A design has been prepared for the PBC location, however, an access authorization agreement must be reached with the PBC because the City does not own the land or access to the potential launch point. The City is engaging in discussions with the PBC to obtain access authorization agreements which will be brought to the City Council for consideration as soon as possible. A design has also been prepared for the “Gateway” location in the event an access authorization agreement is not reached. Exhibit 2: Schematic of Hydrauger Installation at E-1 As mentioned above, the design of Hydrauger Array E-1 (as well as the other hydrauger systems proposed as a part of the overall PBL Remediation Project) is aided by computer modeling developed to encompass the entire PBL. The computer model, including the depth of the basal failure plane, is based upon geologic and survey information from relevant past geology reports and site characterization studies of the project area. Due to the significant cost associated with the installation and maintenance of hydrauger systems, validation of the key assumptions and updating of the computer model is necessary to maximize success. This will be achieved by a limited, targeted exploration program that will be executed very shortly before the start of hydrauger installation. The limited and targeted exploration program consists of the installation and short-term monitoring of multipurpose borehole sites with dual boreholes at each site. These boreholes will be drilled vertically to an approximate depth of 150 feet below the existing ground surface. Basal Failure Plane Sacrificial Multipurpose Boreholes ≈150 ft Hydrauger Artesian Pressure 16 Information gathered from the multipurpose boreholes will be used to confirm key design assumptions (i.e. the current depth, geometry, and thickness of the basal failure plane). Drilling of these boreholes will also allow for the installation of several geotechnical instruments. Readings from these instruments will be used to further validate or revise key design assumptions. For example, information from vibrating wire piezometers will allow for a comparison of the actual intensity of artesian pressure to the design assumptions and will allow for revisions to groundwater extraction volume estimates. Temporary inclinometers will be used to further confirm the depth of the basal failure plane surface and will reveal its thickness. Gyro-points that will be installed below the basal failure plane will allow for precise navigation of drill bit heads for installation of hydrauger drains below the basal failure plane, so they do not shear. Because the multipurpose boreholes cross the basal failure plane , as shown in Exhibit 2, they are expected to shear within a short time given the high rate of movement of the PBL. To maximize their benefit under these circumstances, drilling of the boreholes and installation of the instruments will occur in double-shifts with a total duration of approximately two to three weeks. The boreholes are expected to shear within approximately one to two weeks after installation, which is sufficient time to gather the needed data. The vibrating wire piezometers and gyro points will continue to be operational for several months because they are installed on a wire, which better survives land movement. A secondary, but potentially very beneficial effect of the installation of the multipurpose boreholes is an immediate, though localized, relief of artesian pressure. This is because the multipurpose boreholes need to be drilled to penetrate the basal failure plane, which results in relief of artesian water pressure. Given that computer simulations show that artesian pressure is the predominant cause of landslide movement, the boreholes should provide a notable, but localized, reduction in the rate of land movement. Upon gathering, processing, analyzing, and peer-reviewing the data collected from the multipurpose boreholes; key assumptions of the computer model will be updated, and design calculations will be revised as needed. This effort is expected to take two to three weeks. As shown in Exhibit 2, Hydrauger Array E-1’s drains have been targeted to be drilled below the basal failure plane to relieve pressure from the artesian water under the basal failure plane, the location and shape of which is based on previous studies. Depending on results of the data collected from the multipurpose boreholes, the target orientation, depth, length, and other characteristics of each drain in the hydrauger array may be adjusted. Similarly, the number of drains in Hydrauger Array E-1 may be changed. Finally, data from the multipurpose boreholes will be used to update and improve the design of the remaining hydrauger systems in the PBL Remediation Project. Installation of Hydrauger Array E-1 will commence after design assumptions are confirmed based upon evaluation of the data from the multipurpose boreholes. The individual drains in the array will be drilled sequentially, with additional geologic and hydrogeologic information gathered from the drilling. This information will be used to 17 optimize the drilling of the subsequent drain. The duration for drilling Hydrauger Array E- 1 is expected to be approximately six to eight weeks, barring any unforeseen circumstances. Groundwater recovery, testing, and discharge will continue for several months. Before groundwater is discharged, it will be tested, first during the drilling of the multipurpose boreholes. Water samples will be recovered by GLA staff monitoring the drilling operations and will be sent by GLA to a local water quality testing laboratory. Water quality test results from the multipurpose boreholes are expected to be available prior to starting installation of Hydrauger Array E-1. Based on previous reports of groundwater in the area, at this time it is not expected that on-site treatment of groundwater will be required. Hydrauger Array E-1 is initially expected to release groundwater under pressure conditions for one to two days, after which the groundwater will need to be pumped out from the drains. The release of artesian groundwater under pressure will be controlled by a variable valve installed at the hydrauger launch point. The pumping of residual groundwater from below the basal failure plane will also be controlled to accommodate temporary storage of groundwater and ultimately its release. Pumping rates (i.e., pumped water volume and release velocity) will be measured by a flow meter and controlled by an adjustable valve. Extracted groundwater will be temporarily stored in temporary holding tank(s) and kept there until sediment load is reduced to acceptable levels. From the tank(s), the groundwater will be released either into the pipe that extends from Klondike Canyon underneath PVDS to the ocean, a new pipe to the ocean, or the dual force main sewer line that is owned and operated by the Los Angeles County Sanitation Districts (LACSD), pending further discussions with LACSD. It is important to note that soil recovered from the multipurpose boreholes (drilling cuttings) will be used to fill bottoms of the cracks in the project area (tops of cracks will be sealed with bentonite slurry). An attempt will be made to dispose of tank bottom sediment in the same manner, if feasible. In addition to Hydrauger Array E-1, GLA also recommends the installation of Hydrauger Array E-2 at the head of the PBL landslide. At this time, based upon the results of GLA’s calculations, this would be the next most beneficial emergency measure. It will significantly reduce the intensity of artesian pressure at the toe of the PBL by intercepting groundwater flow that is causing it. Additionally, Hydrauger Array E-2 is the only other location with practical short-term access that is not affected by significant ground movement. Hydrauger Array E-2 can connect to existing nearby dewatering drain lines to discharge the extracted groundwater. The release of groundwater from Hydrauger Array E-2 will be controlled with variable valves, like Hydrauger Array E-1. Temporary storage tanks will be used for de-sedimentation, as needed, and to regulate the release of extracted groundwater at velocities that do not cause significant erosion. The construction sequence and duration for Hydrauger Array E -2 is expected to be similar to Hydrauger Array E-1; with two to three weeks of borehole drilling, two to three weeks of data analysis, and six to eight weeks of hydrauger drain line installation. Similar to Hydrauger Array E- 18 1, a staging area is needed for Hydrauger Array E-2 measuring approximately 125’ x 125’ but will be minimized to the best extent possible. Moreover, an access road along the Peppertree Trail will need to be widened to accommodate the drilling rigs and other equipment. The exact width is being vetted and is approximated to be around 15’ at this time. The plans for the Emergency Hydraugers Project are being peer reviewed by CSA. The peer review is expected to be ongoing through the drilling of boreholes and subsequent data analysis. Modifications to the plans may be made as a result of collaboration between GLA and CSA through the peer review process to yield the best results. The benefit of reducing the artesian pressure will begin with the boresholes followed by the installation of the first drain for Hydrauger Array E -1 (and before that but to a lesser extent with the boreholes). The benefit will increase with each subsequent drain that is installed over the course of two to three months. Upon completion of Hydrauger Array E - 1, construction will start on Hydrauger Array E-2, with the intent of installing those drains in time for the next rainy season. Prior to breaking ground on construction, notifications will be issued via listserv and social media, announcing the day construction will commence. Additionally, contact information will also be provided and posted at the construction site in the event co ncerns are observed and need to be reported to the City. The City Council is being asked to approve the conceptual construction plans for Hydrauger Arrays E-1 and E-2 with their five underground drains and associated work, subject to modifications by the Engineer-of-Record during the construction process. Emergency Hydrauger Arrays Construction Contracts Installation of the emergency hydraugers and the associated work requires a specialty contractor. The pool of such contractors is very limited and the same is true for their availability, especially when they are asked to respond in a very short time. On behalf of the City, the GLA team screened a dozen drilling contractors with directional drilling capability (required for the emergency hydraugers). Upon completion of the screening process, three contractors that could meet the project requirements (i.e., directionally drill wells of required diameter and length, and reach the target depth of 150 feet below the landslide surface) were interviewed by GLA on behalf of the City to further vet their technical capabilities and experience. The interview process revealed that only two of these contractors can meet the project requirements in their entirety, Malcolm Drilling, Inc. (Malcolm) and Ellingson DTD (Ellingson). Both contractors visited the project site on multiple occasions and worked with GLA to further understand the scope of work. Ultimately, the two contractors determined that they could only meet the project objectives and timeline by combining their resources, with Malcolm as the prime contractor and Ellingson as the sub-contractor. Staff directed GLA to use this expedited approach to procuring a construction contractor because it would otherwise take several months to go through the formal bidding process, which would significantly delay the start of construction with potentially catastrophic consequences for the PBL. The City’s 19 Purchasing Ordinance allows for this approach to contracting under the landslide emergency declaration. Completing plans, specifications, construction documents, and cost estimates for two hydraugers and associated work is very specialized and complex, making it very time consuming, typically taking more than one year to complete. Given the nature of the emergency, an unconventional approach is needed. Staff determined that the fastest approach to constructing the emergency hydraugers is a staged approach where design is progressed to a point where construction can commence while design continues in stages that remain ahead of the progress of construction. This means that the details of the staged scopes of work and their costs will need to be negotiated on an ongoing basis as construction advances. When also considering that data collected during construction will be used to confirm design assumptions and inform any modifications, as well as the continued movement and changing groundwater conditions, the staged approach to design and construction becomes even more necessary. Staff believes that this is the fastest way to start construction. Based on the negotiations to date between GLA, on behalf of the City, and Malcom; the current estimated construction cost is up to $9 million inclusive of Hydrauger Arrays E-1 and E-2 along with all associated work. To assure that the City pays a fair and reasonable cost for the emergency work, as each task is issued for a stage of construction; the City will vet the cost specific to that task using an independent cost estimator experienced in drilling construction. Staff recommends that the City Council award a task-order based construction contract to Malcolm with a not-to-exceed amount of $9 million for staff to issue individual task orders as the scope of work is finalized and the cost negotiated for each stage of construction. In addition to the staged design work as construction progresses, the City will need several professional services during construction. These services include design modifications based on data collected during construction, periodic site observations to assure construction meets the design intent, reviewing and approving construction submittals such as shop drawings, reviewing and recommending materials substitutions, responding to requests for clarification of construction documents, interpreting design requirements of the contract documents, and participating in construction meetings. GLA is uniquely positioned to provide these services efficiently because of their in -depth knowledge of the project design. Staff solicited a proposal from GLA for these services and received a proposal with an estimated cost of approximately $275,000. Staff recommends entering into a new professional services agreement (PSA) for the construction engineering of the emergency hydraugers rather than amending the existing PSA so that record and reimbursement applications are simplified. Staff recommends awarding a professional services agreement to GLA for engineering and associated services during construction in the amount of $275,000. Additionally, oversight of the construction contractor is needed to assure quality construction as well as proper contract administration. This oversight consists of 20 construction management, construction inspection, and materials testing. Construction management is necessary to conduct construction progress and other meetings, monitor the construction schedule and assess delay risk, manage the project budget including tracking costs and reviewing invoices, scrutinize and manage proposed change orders, oversee inspection and materials testing, file construction records, and proactively identify potential construction problems and recommend mitigation strategies. Construction inspection and materials testing is needed to verify all that all work is installed per plans, specifications, and code requirements with proper documentation; and that materials conform to the design specifications. Hout Construction Services Inc. DBA Hout Engineering (Hout) is uniquely positioned to effectively provide these services because of their in-depth knowledge of the PBL as the program manager. Staff solicited a proposal from Hout for these services and received a proposal with an estimated cost of approximately $310,000. Staff recommends entering into a new PSA for the construction oversight of the emergency hydraugers rather than amending the existing PSA so that record and reimbursement applications are simplified. Staff recommends awarding a professional services agreement to Hout for construction management, inspection, and associated services during construction in the amount of $310,000. Finally, because of the task-order based approach to the construction contract resulting from the evolving design, cost estimating and schedule analysis will be required throughout construction to assure that the City receives a fair and reasonable price, despite the emergency conditions. Additionally, preparing and filing an independent third - party cost estimate may be important to applying for reimbursements to state or federal agencies, if eligible. Staff solicited a proposal for cost estimating and sche duling services from a company known to have cost estimating experience with drilling work and received a proposal from Paul Hansen Engineering, LLC (Hansen) in the amount of approximately $50,000. Staff recommends awarding a professional services agreement to Hansen for construction management, inspection, and associated services during construction in the amount of $50,000. Cost Estimates and Funding In January 2023, the City applied for a Federal Emergency Management Agency (FEMA) Building Resilient Infrastructure and Communities (BRIC) FY22 cycle grant for the Portuguese Bend Landslide Remediation Project (PBL Remediation Project). The grant application was for the entire project including five hydrauger arrays with five drains each, surface drainage swales with a flow reduction area, and fissure infilling. The total cost of construction as well as associated professional services was estimated in November 2022 to be approximately $33.3 million. The City applied for funding for 70%, or $23 million, of the cost of the project. The BRIC program requires the $10 million balance of the project cost to be funded through non-federal sources. On August 28, 2023, FEMA announced the PBL Remediation Project was selected, with $23.3 million being allocated, not obligated, for the City’s project. This means that the 21 projects met the basic eligibility requirements and enters the next phase of the awards review process. This includes a programmatic review, including environmental and historic preservation, before making a final funding decision. City Staff are meeting regularly with the California Governor’s Office of Emergency Services (CalOES) and the FEMA project team to expedite the review process as much as possible. The Emergency Hydraugers Project is a separate project from the PBL Remediation Project, therefore, the BRIC grant funds cannot be used for the emergency work. On April 15, 2024, FEMA announced that federal disaster assistance has been made available to the state of California, including Los Angeles County, to supplement recovery efforts in the areas affected by the severe winter storms from January 31 to Februar y 9, 2024. This declaration makes federal funding available on a cost -sharing basis to local government agencies, including the City, for emergency work and the repair or replacement of facilities damaged by the storms. The cost of the Emergency Hydraugers Project may be eligible for reimbursement through the FEMA disaster recovery program. It is important to note that CalOES informed the City that landslides are considered pre- existing and are typically not considered for damage recovery, but if the City can demonstrate that the land movement was accelerated due to the February 2024 Atmospheric River and meet other requirements, the City may be eligible for damage recovery costs. Staff will be working closely with CalOES to pursue cost recovery for the Emergency Hydraugers Project. In any event, the cost for the Emergency Hydraugers Project will be deducted from the cost of the PBL Remediation Project. Table 1 below shows an updated funding summary for both projects. Table 1: Cost Estimate Summary for Portuguese Bend Landslide Measures in millions PBL Remediation Emergency Hydraugers Total Cost Estimate $23.7 $9.6 $33.3 BRIC Grant $16.6 N/A $16.6 CIP Funding to Date $2.5 $0.0 $2.5 Funding Gap $4.6 $9.6 $14.2 Disaster Recovery N/A TBD TBD *Excludes $5M pledge from LA County Supervisor Janice Hahn The City previously awarded contracts totaling over $2.3 million for engineering and associated work for the PBL Remediation project (which was factored into the cost estimate). Additionally, on February 20, 2024, the office of Los Angeles County Supervisor Janice Hahn pledged $5 million towards the City’s landslide remediation efforts, which could be used to cover the gap in the PBL Remediation Project (which must be non -federal funds). 22 Finally, it is important to note the estimated cost of Hydrauger Array E -1 and Hydrauger Array E-2 is within approximately 10% of the cost estimate prepared as part of the PBL Remediation Project for the BRIC grant. The final cost of the emergency hydraugers may decrease or increase based on field conditions and design adjustments described earlier in this staff report. Staff recommends approving an additional appropriation of $6,772,400 from the Capital Infrastructure Program Fund and reallocating $2,862,600 from the American Rescue Plan Act (ARPA) Fund for the Portuguese Bend Landslide Emergency Hydraugers Project. Extension of the Local Emergency Declaration On October 3, 2023, the City Council adopted Resolution No. 2023-47 declaring a local emergency. 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 abated or mitigated to insignificance. At this time, the City Council is being asked to extend the local emergency declaration an additional 60 days through July 6, 2024, which does not require a public hearing. The state of emergency was continued by the City Council on November 14, 2023, pursuant to Resolution No. 2023-56, again on December 19, 2023, pursuant to Resolution No. 2023-61, again on February 6, 2024, pursuant to Resolution No. 2024-05, and again on March 19, 2024, pursuant to Resolution No. 2024-13. If extended this evening, the Council would consider renewing the local emergency declaration again during the next landslide update on July 2, 2024. The City Council is being asked to adopt Resolution No. 2024 -__ thereby extending the Declaration of Local Emergency by 60 days (Attachment A). Letter to the City of Rolling Hills and Rolling Hills Homes Association The City of Rolling Hills and the Rolling Hills Home Association have been attending the City’s Working Group meetings every Wednesday, as well as seeking input from the City and other professionals and subject matter experts regarding the landslide. Becau se collaboration and shared information will allow for a more holistic approach to addressing the landslide, it is recommended that the City Council authorize the Mayor to send a letter to both Rolling Hills and the Rolling Hills Homes Association requesti ng that a joint hydrology study be prepared and that we collaborate with KCLAD on developing a remediation project (Attachment H). The letter requests a response by May 17, 2024. The City Council is being asked to authorize the Mayor to sign a letter addressed to the City of Rolling Hills and the Rolling Hills Homes Association. Portuguese Bend Community Association’s Financial Assistance Request On April 24, 2024, the City received a request for a $494,018 loan to the Portuguese Bend Community Association (PBCA) to fund unforeseen road repairs due to recent and continuing land movement in the their community (Attachment I). 23 The request is based on the following assumptions: 1. The amount requested will cover the actual past expenditures through April of this fiscal year over and above the annual $70,000 budgeted amount, plus the amount projected to be needed for the remaining two months of this fiscal year, plus the amount projected for the next fiscal year for road repairs over the annual budget (Past 10 months plus next 14 months). 2. Next year’s road repair expenses are projected to be the same as this fiscal year’s. 3. This fiscal year’s (7/1/23 to 6/30/24) road repair expenditures are the total of all past fiscal year expenditures through April plus a projected cost for May and June 2024 equal to the spending rate of the first ten months of the fiscal year. 4. Calculations assume the PBCA board will impose a 20% increase in regular member fees in June for the next fiscal year which will be used to reduce the amount needed for this loan. 5. Any road repair deficits after 7/1/25 will be addressed using any needed increase in regular fees (limited to <20% per year) and/or a special assessment on its members. According to the City Attorney, financial assistance to the PBCA would not constitute a gift of public funds if it can be determined that there is a substantial public benefit. According to the PBCA, not only are their roads necessary for vehicular access, they are also the major part of the surface drainage system to keep surface water out of fissures. Narcissa and Peppertree Drives, as the only two roads in and out of the community, are particularly important to maintain access for fire, police, other eme rgency services, and resident evacuation in case of a wildfire. They also provide City access to the Preserve and may provide access to planned hydraugers. Staff seeks City Council direction on whether to proceed with a financial assistance package for the PBCA. ADDITIONAL INFORMATION: KCLAD and ACLAD Assistance Package ACLAD and KCLAD are Geologic Hazard Abatement Districts (GHADs) created with the authority and responsibility to address land movement in the ACL and KCL, respectively. ACLAD and KCLAD are governmental districts, independent of the City, formed for the prevention, mitigation, abatement, or control of a “geologic hazard”, which is defined as an actual or threatened landslide, land subsidence, soil erosion, earthquake, fault movement, or any other natural or unnatural movement of land or earth. ACLAD and KCLAD have the ability to assess properties within their districts to fund their activities. To date, the City has been coordinating very closely with ACLAD and KCLAD on their various mitigation activities by providing support services and funding four dewatering wells in ACLAD, south of Palos Verdes Drive South. ACLAD and KCLAD representatives recently indicated that their fund reserves are depleted, and additional funding is needed before they can proceed with further landslide mitigation measures. 24 On March 19, 2024, the City Council directed Staff to explore assisting ACLAD and KCLAD with in-kind services and financial assistance in the form of a loan for landslide mitigation measures prepared by a licensed geotechnical engineering company. KCLAD submitted to the City a five-step landslide mitigation plan, prepared by WSP Global Inc. (WSP) Senior Associate Engineering Geologist Scott Kerwin, a Certified Engineering Geologist. The five-step plan includes the following: 1) Install water removal channel/pipe for Klondike Canyon from Palos Verdes Drive South to the head of the KCL 2) Add three new water extraction wells at the beach in the KCL and one observation well at the head of the KCL 3) Fill fissures at the head of the KCL and remove dirt at the PBL – KCL interface 4) Create storm drain at the head of the Beach Club Sub -Slide to channel water to Klondike Canyon 5) Add 4 tactical drain items KCLAD’s five-step plan continues to be reviewed by CSA. Based on discussions with staff, KCLAD requested a loan from the City in the amount of $1,917,500 with zero interest and a re-payment term of 20 years. The loan would fund installation of a temporary 16” flex pipe for step one of the plan, with the permanent channel to be installed at a future date; two of the three water extraction wells and the observation well for step two of the plan, and all of step three of the plan. ACLAD is continuing work on their plan and at this time, has not submitted a formal request to the City with a plan prepared by a licensed geotechnical engineering company. Staff continues to work with them on their submittal. Staff is working with the City Attorney’s Office to draft the specific terms of a loan agreement including provisions for financial oversight, financial audits, and default terms with KCLAD and ACLAD. If the terms are agreed upon, Staff will present a loan agreement for the City Council’s consideration at a future City Council meeting upon reaching a tentative agreement on the loan terms. Additionally, KCLAD and ACLAD Chairpersons have indicated that they are both working through the process of considering increasing the assessment on property owners to raise the funds to pay for remediation work including repaying the loan. The City owns a significant amount of property within both ACLAD and KCLAD boundaries and will be impacted by the assessment increase. Staff will present the assessment increase to the City Council for their consideration at a future City Council meeting. However, Staff is exploring whether a prepayment of its assessments to ACLAD and KCLAD could provide advanced funding without having to go through a loan process, thereby minimizing the time and risks involved in lending public funds. More information will be provided as it becomes available. KCLAD and ACLAD have applied for various congressional project grants to Senator 25 Padilla’s, Senator Butler’s, and Representative Lieu’s offices and the City has been assisting with that process. Landslide Town Hall At the City Council’s direction, Staff held a Landslide Town Hall on April 17, 2024 at the Ladera Linda Community Park. In attendance were representatives from the City Council Landslide Subcommittee, Staff, City consultants, ACLAD, KCLAD, Cal Water, Southern California Gas, and Southern California Edison. A comprehensive presentation was delivered detailing the background, current activities, and future projects for the Landslide Complex. The event was attended by approximately 400 constituents in person and virtually. Due to insufficient time for a complete question -and-answer session, the City Manager and Public Works Director subsequently recorded answers to the questions collected at the town hall. The video of the answers has been posted to the City’s website. CONCLUSION: Staff recommends that the City Council receive and file an update on landslide conditions and activities to mitigate landslide movement and adopt the attached Resolution continuing the local landslide emergency declaration by 60 days until July 6, 2024. Staff also recommend that the City Council approve plans and contracts for the installation of two emergency stabilization hydrauger arrays with associated work. Finally, Staff recommend that the City Council approve additional appropriations to fund the emergency hydraugers and ongoing repairs to PVDS. ALTERNATIVES: In addition to Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Take no action and simply receive and file this report. 2. Do not approve the plans, contracts, and additional appropriation for the emergency hydraugers to stabilize the Portuguese Bend Landslide. 3. Do not approve an additional appropriation for ongoing repairs to PVDS and defer repairs to the start of the next fiscal year on July 1, 2024. 4. Take such other action as the Council deems appropriate. 26 01203.0023/978505.1 RESOLUTION NO. 2024-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, CONTINUING THE LOCAL EMERGENCY DECLARATION AS ESTABLISHED BY RESOLUTION NO. 2023-47 ADOPTED ON OCTOBER 3, 2023 FOR AN ADDITIONAL 60 DAY PERIOD 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, extending 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, extending the state of emergency for an additional 60 days. WHEREAS, on February 6, 2024, the City Council by a 4/5 vote adopted Resolution No. 2024-05, extending the state of emergency for an additional 60 days. WHEREAS, on March 19, 2024, the City Council by a 4/5 vote adopted Resolution No. 2024-13, extending 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 A-1 01203.0023/978505.1 Resolution No. 2024-__ Page 2 of 3 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 based on the staff report and recommendations and public testimony, 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 7th day of May, 2024. ________________________________ Mayor ATTEST: ________________________________ City Clerk A-2 01203.0023/978505.1 Resolution No. 2024-__ Page 3 of 3 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-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on May 7, 2024. ___________________________ City Clerk A-3 April 24, 2024 TO: The City Council of Rancho Palos Verdes, California SUBJECT: Request for a $494,018 loan provided by the City of Rancho Palos Verdes to the Portuguese Bend Community Association (PBCA) to fund unforeseen road repairs due to recent and continuing land movement in our community. As you all are certainly aware, heavy rains over the past two years are considered the primary cause of unprecedented land movement throughout the Greater Portuguese Landslide Complex, causing damage to homes, utility lines, and roadways. The PBCA is unique in that it is a private gated community and as such, pays for its own road maintenance and repairs. Recent unprecedented land movement related damage to our roads just in the first ten months of our current fiscal year have cost the PBCA over four times the amount budgeted for the entire fiscal year, and we expect this increased rate of expenditures required for future road repairs to continue until at least the end of the next fiscal year (June 30, 2025). Not only are our roads necessary for vehicular access, they are also the major part of our surface drainage system to keep surface water out of fissures. Narcissa and Peppertree Drives, as the only two roads in and out of the community, are particularly important to maintain access for fire, police, other emergency services, and resident evacuation in case of a wildfire. They also provide City access to the Reserve and planned hydraugers. Our loan request is based on the following assumptions: 1. The amount requested will cover the actual past expenditures through April of this fiscal year over and above the annual $70,000 budgeted amount, plus the amount projected to be needed for the remaining two months of this fiscal year, plus the amount projected for the next fiscal year for road repairs over the annual budget (Past 10 months plus next 14 months). 2. Next year’s road repair expenses are projected to be the same as this fiscal year’s. 3. This fiscal year’s (7/1/23 to 6/30/24) road repair expenditures are the total of all past fiscal year expenditures through April plus a projected cost for May and June 2024 equal to the spending rate of the first ten months of the fiscal year. I-1 4. Calculations assume the PBCA board will impose a 20% increase in regular member fees in June for the next fiscal year which will be used to reduce the amount needed for this loan. 5. Any road repair deficits after 7/1/25 will be addressed using any needed increase in regular fees (limited to <20% per year) and/or a special assessment on its members. Based on the above assumptions, the total loan amount requested is calculated as follows: Past expenditures for 10 months through April = $278,622 Expenditures projected for remaining two months of this fiscal year =$55,724 (278,622/10 months x 2 months). Expenditures projected for next fiscal year = $334,346 ($278,622 + $55,724) Total expenditures for two years, July 1, 2023 through June 30, 2025 = $668,692 ($334,347 x 2) Reductions to requested loan amount for already budgeted amounts and a projected 20% increase in regular dues = $174,674 ($70,000 annual budget x 2 + $34,674 from dues increase) Requested loan amount = $494,018 ($668,692 - $174,674) We hope that any loan the City grants the PBCA be on favorable terms as to interest costs and time for repayment similar to those granted or requested by the GHADs. It should be noted that on Saturday, April 13, the PBCA Board of Directors met in special session and passed an Emergency Assessment Resolution under the Sterling Davis Act to cover projected road repair costs using the same calculations shown above. At the time, we were unaware of the possibility that the City might be able to grant us a loan. Had we been, we would have not passed the resolution unless our loan request was turned down. Our intent is to cancel this resolution if the requested loan from the City is granted. We believe that the $1893 emergency assessment per residency is way too much of a burden on our members, especially at a time where members are having to pay for damage to their home caused by unprecedented land movement with no certainty that their home won’t be lost anyway. We therefore urge the City to not let the passed emergency assessment resolution affect the City’s willingness to grant us this loan. Thank you for your consideration, Kent Attridge PBCA Director President & City Liaison I-2