CC RES 2024-057 RESOLUTION NO. 2024-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, TO AMEND
RESOLUTION NO. 2024-52, DECLARING THE EXISTENCE
OF A LOCAL EMERGENCY WITHIN THE GEOGRAPHIC
BOUNDARIES OF THE PORTUGUESE BEND
COMMUNITY ASSOCIATION BASED ON A SUDDEN AND
SEVERE ENERGY SHORTAGE AND A PLANNED
DEENERGIZATION EVENT, AND TO EXPAND THE STATE
OF EMERGENCY TO INCLUDE THE SEAVIEW
NEIGHBORHOOD BASED ON A PLANNED
DEENERGIZING EVENT
WHEREAS, the City of Rancho Palos Verdes is home to four out of five sub-slides
that comprise the Greater Portuguese Landslide Complex (Landslide Complex): the
Portuguese Bend Landslide, Abalone Cove Landslide, Klondike Canyon Landslide, and
Beach Club Landslide. The Portuguese Bend Landslide encompasses the Portuguese
Bend Community Association (PBCA), the Seaview neighborhood, and the Portuguese
Beach Club. The Landslide Complex has been active since the 1950s.
WHEREAS, the 2022-2023 rainy season brought exceptional amounts of rain to
the region, dumping 20.9" of rain or 190% of the average annual rainfall in the region.
WHEREAS, by April 26, 2024, total rainfall for the 2023-24 season (beginning Oct
1, 2023) was 23.01" or 169% of the historical 67-year average of 13.63" for this rain
gauge. (All data based on LACDPW Rainfall Gauge No. 1011 B at Rolling Hills FS.)
WHEREAS, beginning in 2018, but particularly since May 2023, the land
movement in the Landslide Complex has increased significantly due to increased rainfall
in the last two rainy seasons, which caused the water table to rise dramatically and
destabilize the landslides. The City has established, via repeated geologic studies, that a
significant factor in the speed of land movement in the Districts is the amount of water in
the soil.
WHEREAS, Chapter 2.44 of the Rancho Palos Verdes Municipal Code (RPVMC)
details the powers and responsibilities of the City during emergency circumstances, which
is defined in Section 2.24.020 as "the actual or threatened existence of conditions of
disaster or of extreme peril to the safety of persons and property within this city caused
by such conditions as air pollution, fire, flood, storm, epidemic, riot, or earthquake, or
other conditions, including conditions resulting from war or imminent threat of war, but
other than conditions resulting from a labor controversy which conditions are or are likely
to be beyond the control of the services, personnel, equipment and facilities of this city,
requiring the combined forces of other political subdivisions to combat."
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 due to the
alarming increase of land movement in the Landslide Complex. The state of emergency
based on the land movement has been extended as required by law and is still active.
01203 0023/1012732 4
WHEREAS, the land movement in the PBC is currently about 9"-12" per week
(depending on the location), the greatest rate of movement in the Landslide Complex. As
a result, utility companies (sewer, electric, water, gas) have had to take innovative and
extraordinary measures to repair infrastructure and provide service to the residents of the
PBCA. By way of example, water pipes and sewer trunk lines have been and are being
moved above ground and flexible joints have been added to provide more give as the
land moves; electric lines are de-energized and poles removed or moved; and slack is
added to the electrical lines to account for the land drift. The constant movement of the
land presents a logistical and costly challenge for the utilities that is unprecedented in
scale, and even more so for the residents of the PBCA.
WHEREAS, on July 29, 2024 at 9:00 a.m., with less than 72 hours' notice, the
Southern California Gas Company turned off natural gas service to approximately 135
homes in the PBCA, stating that providing service is no longer safe due to the land
movement. Until the landslide is stabilized, it is unlikely that natural gas service can be
restored. The following streets are impacted: Cherryhill Lane; Cinnamon Lane; Clovetree
Place; Figtree Road; Fruit Tree Road; Ginger Root Lane; Kumquat Lane; Narcissa Drive;
Palos Verdes Drive; Peppertree Drive; Plumtree Road; E. Pomegranate Road; W.
Pomegranate Road; Roseapple Road; Sweetbay Road; Tangerine Road; Thyme Place;
and Vanderlip Drive. As of the date of this Resolution, the gas service has not been
restored.
WHEREAS, on August 31, 2024, SCE sent the following message to
approximately 200 accounts: "Dear Customer, ¶Due to critical safety issues mentioned in
the letter you received on July 30, 2024, Southern California Edison must turn off power
indefinitely to your property starting tomorrow, Sunday, Sept. 1, 2024, at 12:00 p.m. We
understand that a power outage can create hardships, and the decision to shut off power
is never taken lightly. The safety of community members and our employees remains our
top priority. ¶SCE has seen a significant increase in the number of repairs needed to
safely keep the power on, and we are unable to effectively monitor the situation 24/7
because of the land movement and rugged terrain in the area. ¶Unfortunately, the fire on
August 29, 2024, near Narcissa Drive demonstrates that the company cannot mitigate
the public safety risk from land movement in this area. SCE must now de-energize some
customers indefinitely to avoid the risk of utility equipment igniting a wildfire. ...."
WHEREAS, on September 1, 2024, at approximately noon, SCE shut off services
to 193 meters in the PBCA, consisting of 140 residences and 53 business or public
agency accounts. The accounts will not be reenergized in the foreseeable future. The
power shut off affects the residents in the PBCA, but also affects the City's and the
geologic hazard abatement districts' ability to power the dewatering wells, as well as the
City's sewer system in the area. On August 31, 2024, the City issued an evacuation
warning for the properties affected by the September 1 deenergization event.
WHEREAS, on September 1, 2024, SCE issued a further notice that on September
2, 2024, at approximately 7:00 p.m., that homes in the Seaview neighborhood would be
subject to the following service shut-offs: 34 properties will be deenergized for 1-3 weeks
while a box loop is constructed; 41 properties will be deenergized for 24 hours to reroute
Resolution No 2024-57
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circuitry; and 30 properties will be deenergized indefinitely, to prevent the risk of wildfires
from equipment damaged by the land movement.
WHEREAS, as the land movement continues to accelerate in the Landslide
Complex, it is likely that additional properties may experience temporary or permanent
natural gas shut-offs that are sudden and severe, as well as further deenergization
events.
WHEREAS, Subdivision (c)(1) of Section 8558 of the Government Code provides
that a local emergency "means the duly proclaimed existence of conditions of disaster or
of extreme peril to the safety of persons and property within the territorial limits of a ...
city, caused by conditions such as ... sudden and severe energy shortage, deenergization
event ... or other conditions, other than conditions resulting from a labor controversy,
which are or are likely to be beyond the control of the services, personnel, equipment,
and facilities of that political subdivision and require the combined forces of other political
subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe
energy shortage or deenergization event that requires extraordinary measures beyond
the authority vested in the Public Utilities Commission."
WHEREAS, subdivision (g) of Government Code Section 8557 defines a sudden
and severe energy shortage as "a rapid, unforeseen shortage of energy, resulting from,
but not limited to, events such as ...natural disasters, and that has statewide, regional, or
local impact."
WHEREAS, subdivision (h) of Government Code Section 8557 defines a
deenergization event as "a planned power outage, undertaken by an electrical
corporation, as defined in Section 218 of the Public Utilities Code, to reduce the risk of
wildfires caused by utility equipment, pursuant to Public Utilities Commission Resolution
ESRB-8 and any decisions issued by the commission, the Wildfire Safety Division, as set
forth in Section 326 of the Public Utilities Code, the Office of Energy Infrastructure Safety,
or any other agency with authority over electrical corporations. A deenergization event
begins when an electrical corporation provides notice to any state agency or political
subdivision of the potential need to initiate a planned deenergization of the electrical grid,
and ends when the electrical corporation restores electrical services to all deenergized
customers, or when the electrical corporation cancels the deenergization event for some
or all of its affected customers, and rescinds the notice of the potential need to initiate the
deenergization event. A deenergization event does not include any planned outages in
connection with regular utility work."
WHEREAS, on August 6, 2024, the City Council adopted Resolution No. 2024-52,
declaring a state of emergency in the PBCA based on the sudden shortage of energy.
With this resolution, the City Council intends to reaffirm the state of emergency, and
amend it to include the deenergization events.
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Resolution No. 2024-57
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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, 8680.9, and 8558 there exists,
and continues to exist, an actual condition of peril to the safety of persons and property
exiting within the PBCA, 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. Sudden and Severe Energy Shortage. The City Council finds that
turning off natural gas service to approximately 135 homes in the PBCA due to safety
concerns with a mere 72-hour notice constitutes a sudden and severe energy shortage
based on a natural disaster that has a local impact, as defined by Government Code
Section 8557(g). Natural gas is a form of energy, used by residents in the PBCA to power
water heaters, washer-dryers, stoves, and other appliances.
SECTION 4. Deenergization Event. The City Council finds that:
(A) The power shut off on September 1, 2024 to 194 properties in the PBCA to
reduce the risk of wildfires caused by utility equipment constitutes a planned
deenergization event, as defined by Government Code Section 8557(h).
(B) Th power shut off on September 2, 2024 to 105 out of 270 homes in the
Seaview neighborhood to reduce the risk of wildfires caused by utility equipment
constitutes a planned deenergization event, as defined by Government Code Section
8557(h).
SECTION 5. State of Emergency Declared. After consideration of all facts
reasonably available, the City Council now desires to adopt a declaration of a state of
local emergency within the PBCA and Seaview neighborhood based on the sudden and
severe energy shortage that resulted from the natural gas shut-off on July 29, 2024 in the
PBCA, and based on the planned deenergization events on September 1 and 2, 2024 in
the PBCA and the Seaview neighborhood. The amended state of emergency is effective
as of August 30, 2024 as to the additional grounds and expanded area. The state of
emergency adopted on August 6, 2024 is not affected.
SECTION 6. 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.
Resolution No. 2024-57
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SECTION 7. Immunity Invoked. To the maximum extent permitted by law, and
pursuant to Government Code § 866, the City Council hereby invokes the immunity
111 afforded to the City of Rancho Palos Verds in adopting and implementing the declaration
of local emergency within the Landslide Complex.
SECTION 8. Duration. The local emergency shall be 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.
•
SECTION 9. Continuing Declaration. Government Code § 8630 requires the
City Council to review of the need for continuing the local emergency at least once every
60 days until the City Council determines the local emergency within the PBCA has been
abated or mitigated to insignificance.
SECTION 10. Resolution No. 2024-52. This Resolution supersedes
Resolution No. 2024-52 only to the extent that it amends the grounds for the state of
emergency and expands the area covered by the state of emergency, effective August,
29, 2024. This Resolution does not repeal or otherwise invalidate the state of emergency
adopted by Resolution No. 2024-52.
SECTION 11. Severability. If any subsection, sentence, clause, phrase, or
111 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 12. CEQA. The City Council finds that this Resolution is proposed to
allow the City to continue to address and mitigate an imminent threat to public health and
safety and therefore is exempt from CEQA pursuant to Public Resources Code, Section
21080(b)(4) and CEQA Guidelines, Section 15269.
SECTION 13. Effectiveness. This Resolution shall take effect immediately. A
copy of the Proclamation and this Resolution shall be forwarded to the California Office
of Emergency Management. The City Clerk shall certify to the passage and adoption of
this resolution.
PASSED, APPROVED AND ADOPTED on this 3rd day of September, 2024.
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Mt r, John Cruikshank
ATTEST:
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Li-Ter a T _kaoka, City Clerk
Resolution No. 2024-57
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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. 2024-57 was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on September 3, 2024.
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Resolution No 2024-57
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