Best Best & Krieger LLP
Please be advised, that if a delay is not granted, the City will have no other choice but pursue other formal legal action with the California Public Utilities Commission or the courts. Due to the impending Monday Service Turn-Off, please respond by Saturday, September 13, 2024 by 3:00p.m.
Sincerely,
Patrick T. Donegan
for BEST BEST & KRIEGER LLP
PTD:wh
65277.00001\42678410.2
544
Morgan B. Van Buren, Esq.
Senior Counsel - Litigation
Office of the General Counsel
555 W. Fifth Street, Suite 1400
Los Angeles, CA 90013-1034
Tel: (213) 244-2937
Fax: (213) 629-9620
Email: [email protected]
September 14, 2024
Patrick T. Donegan
BEST BEST & KRIEGER
Patrick.Donegan&bbklaw.com
Dear Mr. Donegan:
Please allow this correspondence to serve as Southern California Gas Company’s (“SoCalGas”) response to your September 13, 2024 letter, in which you request that SoCalGas delay the shutoff of gas service to the City of Rolling Hills (the “City”) scheduled to occur September 16, 2024, at approximately 3:00 p.m.
As discussed below, the dynamic and ongoing land movement in the affected area requires that SoCalGas take immediate action to promote the safety of the community.
Therefore, SoCalGas unfortunately cannot delay the scheduled shutoff.
Longstanding and Accelerated Land Movement in the Palos Verdes Peninsula Has Caused Damage to City and Utility Infrastructure, and is Presently Exerting a High Degree of Stress on Gas Lines in the Affected Area of Rolling Hills As you are aware, the City sits on top of a geologically active zone, which consists of four active landslides impacting the Palos Verdes Peninsula. Although Rolling Hills and Rancho Palos Verdes (“RPV”) are separate and distinct municipalities with different geographical locations, the two cities are similarly impacted by the four active landslides.
SoCalGas technical and operational personnel, as well as third-party experts, have been closely monitoring land movement in the Palos Verdes Peninsula. Beginning in approximately November of 2023 and through the Winter season, heavy precipitation in the area resulted in increasingly active land movement which has been continuing1. Recently, the City of RPV provided an update from its engineers on the land movement, who determined, “movement on the north and west ends of the landslide complex is slowing down, while movement at the south end continues to accelerate.” RPV’s engineers estimate that the land may be moving up to 4.5 feet per month at its current rate, “about 88 times faster than it was in October 2022.” 1 See Portuguese Bend Land Movement Monitoring Survey October 10, 2023 through May 28, 2024 Survey Report for the City of Rancho Palos Verdes prepared by McGee Surveying Consulting and Gov. Gavin Newsom’s Proclamation of a State of Emergency dated September 3, 2024. 545
September 14, 2024
Land movement has been accelerating over the past several months, with visible signs of movement observed in the Rolling Hills community. Notably, a water main line on Cinchring Road ruptured on September 8, 2024. Visible signs of land movement consisting of road cracks that run east-west were also observed across the street from the location of the ruptured water main. The Rolling Hills Community Association (“RHCA”), which has been monitoring areas of concern in the City, has also observed visible signs of land movement in the area, including a recent drop in soil surface of approximately 4 to 5 inches near the location of the ruptured water main. Additionally, an approximately 300-foot-long landslide scarp trending northwestsoutheast was observed by SoCalGas’s engineers at the intersection of Portuguese Bend Road and Ranchero Road. The vertical offset of the roadway at the scarp was approximately 6 to 8 inches high. The visible signs of significant land movement in the affected area, including the ruptured water main, are indicative of a high degree of stress on SoCalGas’s infrastructure.
Further, based on geotechnical data recently obtained by SoCalGas, multiple sections of underground gas pipeline within the affected area of the City of Rolling Hills, including in the location of the recent water main break, are within an active landslide area that is exhibiting a high degree of ground movement from differential land movement. This data indicates that SoCalGas’s infrastructure in the area is presently under significant stress caused by a high degree of land movement.
Moreover, large portions of the three landslide areas located directly below the City have been moving at an estimated rate of approximately 5 inches per week, resulting in multiple instances of infrastructure breakage. This includes a gas main line that broke in the Seaview community of RPV on August 30, 2024, which necessitated shutting off gas service to 23 homes using a shutoff valve that SoCalGas installed due to land movement in the area. This main break, which was caused by sudden tensile overload, resulted in approximately 5 inches of separation between the broken ends of the line. Of note, SoCalGas was performing daily leak surveys in this area. However, there were no gas leaks detected prior to the sudden main break, so leaks do not seem to be predictive of larger main breaks.
Similarly, SoCalGas determined it was unsafe to continue providing natural gas service to 28 homes in the western Seaview area and 24 homes in the Portuguese Bend Beach Club of RPV because the gas line serving these communities is located in an area where land is moving at an estimated rate of approximately 5 inches per week. As such, on September 6, 2024, SoCalGas shut off service to these communities in order to promote public safety. / / /
/ / /
/ / /
/ / /
546
September 14, 2024
SoCalGas Has Exercised Reasonable Diligence and Care
to Safely Provide Gas Service to the Areas Impacted by the Accelerated Land Movement Throughout the Palos Verdes Peninsula
Despite challenges posed by the accelerated land movement throughout the Palos Verdes Peninsula, SoCalGas has taken reasonable steps in its efforts to continue safely serving the areas impacted by the active landslides. These efforts have included:
• Acceleration of leak inspection intervals throughout the Palos Verdes Peninsula, including in the City of Rolling Hills.
• Close coordination with first responders, city officials and third-party experts to keep the public informed and to support infrastructure enhancements.
The dynamic and fast-changing land movement on the Palos Verdes Peninsula has since entered a new phase, prompting several decisive actions to protect affected residents and business owners:
• Southern California Edison has shut off electric service to hundreds of homes in the Portuguese Bend and Seaview communities of RPV, some indefinitely; • The City of RPV issued an evacuation warning for the Portuguese Bend Community Association, advising residents that they should, “prepare to evacuate and seek alternative housing;”
• Governor Gavin Newsom declared a State of Emergency for the City of RPV due to increasing land movement and utilities’ increasing inability to safely serve portions of the community.
Conditions Beyond SoCalGas’s Reasonable Control Have Made the Provision of Gas Service to the Affected Area of Rolling Hills Unsafe SoCalGas operates under the laws of the State of California and is regulated by the California Public Utilities Commission (“CPUC”). SoCalGas’s activities are guided by the Rules and Tariffs that are approved by the CPUC. Safety of its customers and its facilities are paramount to SoCalGas.
CPUC Tariff Rule No. 23, sets forth the rules regarding continuity of service and interruption of delivery:
The Utility will exercise reasonable diligence and care to furnish and deliver service to its customers, and to avoid any interruption of same. The Utility shall not be liable for damages or otherwise for any failure to deliver gas or provide service to its customers, which failure in any way or manner results from breakage of its facilities, however caused, war, riots, acts of God, strikes, failure 547
September 14, 2024
of or interruption in service, operating limitations or other conditions beyond its reasonable control.
Further, California Public Utilities Code section 451 provides in relevant part that, “[e]very public utility shall furnish and maintain such adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities,…as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees and the public.” Notwithstanding SoCalGas’s reasonable efforts, the ongoing land movement – a natural condition beyond SoCalGas’s reasonable control – has made the provision of gas service to the affected area of the City unsafe at this time. The water main breakage on September 8, 2024, as well as the visible signs of land movement in the area, including road cracks, fissures, and an approximately 4 to 5 inch drop in soil surface, are consistent with the land movement observed in connection with the gas main rupture that occurred in the Seaview community on August 30, 2024: approximately 5 inches of land movement that was sufficient to cause a sudden line break of approximately 5 inches due to tensile overload.
As discussed above, given the rate at which the land has moved within the geographically active areas, gas lines can suddenly break in the absence of a preceding gas leak, as demonstrated by the gas main break in the Seaview community. As such, a line break cannot be predicted even when performing daily leak surveys and monitoring the area on a 24-hour basis.
A broken gas line could pose significant safety risks to the community, including the risk of fire and gas migration to nearby structures. This risk is heightened when, as here, a sudden gas line break cannot be predicted due to the dynamic and accelerated nature of the land movement.
Indeed, SoCalGas is not the only utility that has identified the significant safety risks created by the accelerated land movement. Today, Southern California Edison (“SCE”) notified customers that, “[d]ue to critical safety issues,” SCE will turn off power to approximately 51 properties located within and/or near the affected area of Rolling Hills no later than September 18, 2024, at 6:00 p.m.
Based on the foregoing, SoCalGas unfortunately cannot delay the scheduled 9/16/24 shut off of gas service to the affected area of the City. Doing so would subject the community to significant safety risks. SoCalGas will therefore carry out a process for a safe shut down of gas service to the community on September 16, 2024, at 3:00 p.m. in compliance with Federal safety regulations and standards. The CPUC is aware of this unfortunate situation. / / /
/ / /
/ / /
548
September 14, 2024
SoCalGas Continues to Actively Monitor the Land Movement
SoCalGas regrets the need to shut off service at this time and is continuing to monitor the ongoing land movement in the community with the intent of restoring gas service if and when it may be reasonably safe to do so.
If you have any questions or would like to discuss this matter further, please do not hesitate to contact me.
Sincerely,
Morgan B. Van Buren, Esq.
549
City of Rolling Hills INCORPORATED JANUARY 24, 1957
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
September 26, 2024
The Honorable Supervisor Janice Hahn
Los Angeles County 4th District Office
302 W. 5th Street, #200
San Pedro, CA 90731
RE: City of Rolling Hills Seeking Assistance with Additional Law Enforcement Services and Waiving or Reducing Costs Associated with Permits
Honorable Supervisor Hahn:
I hope this letter finds you well. I am writing on behalf of the City of Rolling Hills to request your support in securing additional funding for law enforcement services from the Los Angeles County Sheriff’s Department for those areas in our City impacted by recent natural gas and electricity shut-offs. We also seek your assistance in waiving or reducing the permit fees imposed by the Los Angeles County Public Works and the Los Angeles County Fire Department for the installation of propane tanks, generators, and solar panels for these same residents.
You have been a key advocate for connecting cities with the essential services they need. Such as your efforts in securing supplemental law enforcement for our neighbor Rancho Palos Verdes ensured the communities of Sea View and Portuguese Bend remained safe. We deeply appreciate your leadership and swift action, and we know you understand the importance of these services for your constituents impacted but utility service shut-offs.
The recent natural gas and electricity shutdowns have created new challenges for our community. The current state of the City has underscored our reliance on the Los Angeles County Sheriff’s Department, but these circumstances are straining our existing resources.
Securing additional funding would help us maintain the safety our residents depend on by increasing patrols and improving response times during this challenging time.
Additionally, due to these disruptions, the need for alternative utility sources like propane tanks, generators, and solar systems has become urgent. However, the current County permit fees present an unnecessary financial burden for our residents that are faced with securing these alternative sources. Thus, on behalf of the City, I am kindly asking for your assistance in getting these fees waived or reduced. Doing so will help expedite installations and provide much-needed relief.
550
City of Rolling Hills Letter to Honorable Supervisor Hahn September 26, 2024
To highlight our specific asks, the City is requesting funding for immediate needs such as:
Law Enforcement services
• The City is seeking one (1) deputy for each of the three (3) shifts for seven days a week for up to twelve months;
Permitting Fees:
• Waiving or reducing the fees associated with LA County Public Works and LA County Fire permitting fees for residents impacted by the utility shut-offs.
We are committed to continue working closely with your office and relevant departments to address these issues. With your continued support, we can enhance the safety and well-being of our community during this difficult time in our City.
Thank you for your ongoing dedication to the City of Rolling Hills and the communities you serve. We look forward to collaborating with you further and appreciate your consideration of this request. Please feel free to reach out to me at any time with any questions or concerns regarding the above.
Sincerely,
Karina Bañales
City Manager
Encl: Los Angeles Sheriff’s Department: City of Rolling Hills Landslide Detail cc:
Rolling Hills City Council
551
CITY OF ROLLING HILLS
RH Landslide Detail
COST ESTIMATE SHEET
0500-1300
1 Deputy @ 8 Hours X 119.41 = $955.28
1300-2100
1 Deputy @ 8 Hours X 119.41 = $955.28
2100-0500
1 Deputy @ 8 Hours X 119.41= $955.28
TOTAL (1 Day): $2,865.84
TOTAL (7 Days): $20,060.88
This is only an estimate of expenses, based on an average of Deputies’ salaries. The actual cost may vary, based on rank of the Deputies working these events. Sergeant Tina McCoy may be contacted at (310) 891-3227. 552
October 21, 2024
The Honorable Deanne Criswell
Administrator
Federal Emergency Management Agency
500 C Street, SW, 8th Floor
Washington, D.C. 20472
Dear Administrator Criswell,
Thank you for your commitment to protecting all communities before, during, and after disaster strikes. We write to you regarding the urgent landslide on the Palos Verdes Peninsula and its devastating consequences for the residents of the communities of Rancho Palos Verdes, Rolling Hills, and Rolling Hills Estates.
The Greater Portuguese Bend Landslide complex is located on the Palos Verdes Peninsula in western Los Angeles County. As a result of the 2022 and 2023 winter storms, all three cities have experienced land movement at an unprecedented pace. In the City of Rancho Palos Verdes, the amount of land movement that the city was previously experiencing over the course of an entire year is now occurring on a weekly basis.
With this accelerated movement, utility infrastructure has been significantly impacted, and many residents are now without access to basic utilities. The de-energization of the region also poses a significant threat to critical public infrastructure such as sewage service and the dewatering wells that are needed to mitigate the landslide.
Your leadership has been key in addressing this land movement. Through FEMA’s Building Resilient Infrastructure and Communities (BRIC) grant, the City of Racho Palos Verdes will be able to mitigate this crisis by eliminating excess moisture and reducing future ground movement. The City of Rancho Palos Verdes has also been working closely with FEMA and the California Office of Emergency Services (CalOES) in updating their scope of work for this project. This close partnership has allowed the City to maintain eligibility for the BRIC grant while conducting immediate work that is critical in addressing the ongoing movement.
We are thankful that federal resources are being utilized in the area. After a recent visit from Regional Administrator Bob Fenton, FEMA has requested the U.S. Army Corps of Engineers and the U.S. Geological Survey to provide technical assistance to the City of Rancho Palos Verdes as they work to stabilize the land. We urge any assistance be extended to the City of Rolling Hills and City of Rolling Hills Estates, so they too can work to mitigate the land movement and restore a sense of safety for their residents.
It is our understanding that the region faces challenges in accessing both state and federal aid because the land movement has persisted over time. We ask that FEMA work to identify any 553
assistance and funding, that can be made available, to the residents impacted by land movement on the Palos Verdes Peninsula.
We know you share our deep concern about the impact that this land movement is having on the residents and businesses in these communities. Like you, several of us have visited the landslide area and witnessed firsthand the devastating impact this issue has had on the community.
Following the increased land movement, we have held several meetings with experts from FEMA and our state and county representatives to better understand the impacts of this movement and what resources could be deployed in response. Additionally, we are continuing to advocate for projects submitted by the Geologic Hazard Abatement Districts through the federal appropriations process.
We urge you to consider all pathways to provide support to residents impacted by land movement on the Palos Verdes Peninsula. We will continue to work with federal, state, and local officials to support these communities and their residents to ensure that any resources that can be offered to support them are available. We ask that you continue to keep our offices apprised of your work in the region and maintain communication as we work together to support impacted residents.
Thank you again for your attention to this emergency. We look forward to your response and cooperation in tackling this challenge.
Sincerely,
___________________________
Ted W. Lieu
Member of Congress
___________________________
Alex Padilla
U.S. Senator, California
___________________________
Adam Schiff
Member of Congress
___________________________
Laphonza Butler
U.S. Senator, California
554
Agenda Item No.: 15.C
Mtg. Date: 10/28/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: RECEIVE AND FILE A REPORT ON THE PLANNING COMMISSION AND TRAFFIC COMMISSION TERMS EXPIRING ON JANUARY 1, 2025 DATE: October 28, 2024
BACKGROUND:
The appointment process for filling expiring Commission terms calls for the incumbents and the public to be informed of the openings before the expiration of the current terms. As noted in the appointment schedule Attachment A), staff will provide approximately four weeks of public notification by:
1. Posting the notices at City Hall per the Maddy Act (Attachments B & C)
2. Sending letters to each incumbent advising them of the process to be considered for reappointment
3. Advertising the openings in the City Blue Newsletter during the remainder of October and early November 2024
Incumbents or interested individuals must submit Letters of Interest to the City Clerk by 12pm on Thursday, November 21, 2024. Once received, staff will schedule interviews with the candidates and the City Council Personnel Committee during the week of December 2, 2024, ahead of the publication and posting of the December 10, 2024, City Council agenda.
Current terms expiring are as follows:
Name Commission
Original Appointment
Date
Current Term Expires
Jana Cooley Planning 11/14/16 1/1/25
Charlie Raine Traffic 5/9/16 1/1/25
DISCUSSION:
None.
555
FISCAL IMPACT:
None.
RECOMMENDATION:
Receive and file.
ATTACHMENTS:
Attachment A - CL_AGN_241028_CC_TentativeCommissionerAppointment_Timeline.pdf Attachment B - CL_AGN_241028_CC_PC-Appt_Posting.pdf
Attachment C - CL_AGN_241028_CC_TC-Appt_Posting.pdf
556
Attachment 1
Tentative Planning & Traffic Commission Appointment Schedule Oct. 28, 2024 City Council Reviews Appointment Timeline and directs changes as necessary
Oct. 28, 2024 Local Appointment List Posted at City Hall Oct. 29, 2024 Letters mailed to incumbents advising of Commission reappointment process
Oct. 30, 2024 (Special)
Nov. 6, 2024
Notice of Planning Commission Member recruitment in City Blue Newsletter and City Website
Nov. 21, 2024 at 12pm Due date for Letters of Interest in serving on the Planning Commission
Week of Dec. 2, 2024 City Council Personnel Committee interviews Commission candidates (Councilmember Pieper and Mayor Dieringer)
Dec. 10, 2024 City Council appoints Commission Members for terms beginning in January 2025
Week of Jan. 2, 2025 Staff conducts orientation for any new Commission members 557
City of Rolling Hills INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
PLEASE POST
CITY OF ROLLING HILLS
Local Appointments List
of Positions on City Commissions for Calendar Year 2024 This list is prepared pursuant to Government Code § 54972 to inform residents of the City of Rolling Hills regarding opportunities that exist for appointment to City Planning Commission in calendar year 2025.
A. Appointive Terms.
The following is a list of all positions on the City’s Planning Commission for which the terms of office expire on January 1, 2025 and for which the City Council will be appointing or reappointing persons to fill those positions:
PLANNING COMMISSION (4-year term)
Position/Name of Incumbent Last Appt. Date Term Exp.
Jana Cooley 1/1/20 1/1/2025
The necessary qualification to be a member of the Planning Commission is to be a resident of the City of Rolling Hills at least 18 years of age (Rolling Hills Municipal Code §
2.20.025).
B. List of Board, Commissions and Committees.
The Planning Commission is one of two permanent Commissions or Committees of the City of Rolling Hills. All members of these bodies are appointed by the City Council and all serve at the pleasure of the City Council. The qualifications for the Planning Commission are listed in part A of the List.
Prepared this 28th day of October 2024.
By:
Christian Horvath
City Clerk
558
City of Rolling Hills INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
FAX (310) 377-7288
PLEASE POST
CITY OF ROLLING HILLS
Local Appointments List
of Positions on City Commissions for Calendar Year 2024 This list is prepared pursuant to Government Code § 54972 to inform residents of the City of Rolling Hills regarding opportunities that exist for appointment to City Traffic Commission in calendar year 2025.
A. Appointive Terms.
The following is a list of all positions on the City’s Traffic Commission for which the terms of office expire on January 1, 2025 and for which the City Council will be appointing or reappointing persons to fill those positions:
TRAFFIC COMMISSION (4-year term)
Position/Name of Incumbent Last Appt. Date Term Exp.
Charlie Raine 1/1/20 1/1/2025
The necessary qualification to be a member of the Traffic Commission is to be a resident of the City of Rolling Hills at least 18 years of age (Rolling Hills Municipal Code § 2.20.025).
B. List of Board, Commissions and Committees.
The Traffic Commission is one of two permanent Commissions or Committees of the City of Rolling Hills. All members of these bodies are appointed by the City Council and all serve at the pleasure of the City Council. The qualifications for the Traffic Commission are listed in part A of the List.
Prepared this 28th day of October 2024.
By:
Christian Horvath
City Clerk
559
Agenda Item No.: 16.A
Mtg. Date: 10/28/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(1)
THE CITY FINDS, BASED ON ADVICE FROM LEGAL COUNSEL, THAT
DISCUSSION IN OPEN SESSION WILL PREJUDICE THE POSITION OF THE CITY IN THE LITIGATION. (1 CASE)
a. NAME OF CASE: CONNIE ANDERSEN, ET AL. V. CALIFORNIA
WATER COMPANY, ET AL. (SEAVIEW CASE) CASE NO.:
24STCV20953
DATE: October 28, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
None.
ATTACHMENTS:
560
Agenda Item No.: 16.B
Mtg. Date: 10/28/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
GOVERNMENT CODE SECTION 54956.9 (TWO CASES) CPUC
COMPLAINTS AGAINST SOUTHERN CALIFORNIA EDISON AND
SOCAL GAS
DATE: October 28, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
None.
ATTACHMENTS:
561
Agenda Item No.: 16.C
Mtg. Date: 10/28/2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: KARINA BAÑALES, CITY MANAGER
SUBJECT: PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 (B)(1)
TITLE: CITY MANAGER
DATE: October 28, 2024
BACKGROUND:
None.
DISCUSSION:
None.
FISCAL IMPACT:
None.
RECOMMENDATION:
None.
ATTACHMENTS:
562