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CC RES 2024-061 RESOLUTION NO. 2024-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, TO EXTEND THE STATE OF LOCAL EMERGENCY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE PORTUGUESE BEND COMMUNITY ASSOCIATION, PORTUGUESE BEND BEACH CLUB, AND SEAVIEW NEIGHBORHOOD, BASED ON SUDDEN ENERGY SHORTAGES, PLANNED DEENERGIZING EVENTS, AND INTERNET SERVICE SHUT OFFS, AS ESTABLISHED BY RESOLUTIONS NOS. 2024-52 AND 2024-57, FOR AN ADDITIONAL 60 DAYS 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 (Seaview), and the Portuguese Bend Beach Club (PBBC). 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, 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. WHEREAS, on August 6, 2024, the City Council by unanimous vote adopted Resolution No. 2024-52, declaring a local state of emergency because of a sudden and severe energy shortage caused by shutting off of natural gas service to approximately 135 homes in the PBCA due to safety concerns. WHEREAS, on September 3, 2024, the City Council by unanimous vote adopted Resolution No. 2024-57, declaring a local state of emergency because of a sudden and severe energy shortage caused by shutting off natural gas service and planned deenergization events in the PBCA. 01203 0023/1017109 1 WHEREAS, on September 6, 2024 at approximately 3 p.m., SoCalGas shutoff natural gas service indefinitely to 29 homes in the western Seaview area and 25 homes in Portuguese Bend Beach Club due to safety concerns associated with land movement. WHEREAS, on September 6, 2024 at approximately 6 p.m., Cox Communication discontinued internet, video, and home telephone services to residents in the PBCA due to safety concerns associated with land movement. 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. Extension of Local State of Emergency. The City Council finds, pursuant to RPVMC Chapter 2.24 and Government Code §§ 8630, 8680.9, and 8558 there exists an actual condition of peril to the safety of persons and property existing within the PBCA, Seaview, and PBBC, as established by Resolutions No. 2024-52 and 2024-57, 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 Nos. 2023-52 and 2024-57, 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. 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 6. Continuing Declaration. Government Code § 8630 requires the City Council to review of the need for continuing the local emergency at least once every Resolution No 2024-61 Page 2 of 3 60 days until the City Council determines the local emergency within the PBCA 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. 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 9. 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 1st of October 2024. J n Cruikshank, Mayor ATTEST: -sa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2024-61 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 1, 2024. City Clerk Resolution No. 2024-61 Page 3 of 3