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20210504 Late CorrespondenceEnyssa Momoli From: Sent: To: Subject: Attachments: Dear City Clerk, Kerry Renn <kerry@kerryrennlaw.com> Tuesday, May 4, 2021 4:44PM CityCierk Written Protest re 13 Cayuse Lane 21-05-04. RPV. Protest. DiSanto.pdf On behalf of my client, Rose Marie DiSanto, please find my attached written protest concerning the lack of notice to me of the City Council's hearing tonight regarding its abatement action against 13 Cayuse Lane. Sincerely, Kerry A. Renn Kerry A. Renn, Attorney at Law 50 California Street, Suite 1500 San Francisco, CA 94111 {415) 781-9306 kerry@kerryrennlaw.com This email is covered by the Electronics Privacy Act, 18 U.S.C. Sections 2510-2521, and is legally privileged. This email may contain confidential and privileged material for the sole use of the intended recipient{s). Any review, use, distribution, or disclosure by others is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and delete all copies of this message. 1 1_. Via US. Mail and Email City Clerk City of Rancho Palos Verdes 30940 Hawthorne Boulevard Kerry A. Renn Kerry A. Renn, Attorney at Law 50 California Street, Suite 1500 San Francisco, CA 94111 Tel. (415) 781-9306 kerry@kerryrennlaw.com May 4, 2021 Rancho Palos Verdes, CA 90275-5391 Re: Abatment Action Against 13 Cayuse Lane Landowner: Rose Marie DiSanto Dear City Clerk: I represent Rose Marie DiSanto in the abatement action the City of Rancho Palos Verdes has filed aginst her. There is a city counsel meeting scheduled tonight, May 4, at 7:00p.m. to discuss the proposed special assessment for the costs the City has incurred related to the abatement action. I only received notice of the hearing yesterday by mail to my personal residence not my office. As I was not properly noticed for this hearing, or the deilvery of the notice was delayed by the USPS, I respectfully request that the hearing of this matter be continued for 30 days or for the next city counsel meeting thereafter. Thank you for your anticiapted courtesy and cooperation in this matter. Sincerely, L~o_ Enyssa Momoli To: Teresa Takaoka Subject: RE: May 4 CC Agenda item #4 re: Traffic From: Lenee Bilski <leneebilski@hotmail.com> Sent: Tuesday, May 4, 2021 5:02 PM To: CC <CC@rpvca,g_ov>; Ara Mihranian <AraM@rpvca.gov> Cc: Planning <Pianning@rpvca.gov>; Traffic <Traffic@rpvca.gov> Subject: May 4 CC Agenda item #4 re: Traffic Importance: High Dear Major Alegria and City Council members, We need a n updated Speed Study for PV Dr. South eastbound from the slide zone toward San Pedro. That is where drivers "step on the pedal" after leaving the slide area and speed past my home on PV Dr. South. Likewise, westbound vehicles speed along this descending section of roadway. I see a chart on B 97 dated 2019 which shows 45+ mph speeds after leaving the slide area (limit is 40mph). Also, there is no consideration in the current study for the new intersection of Casa de las Islas from PV Dr. So. into the Trump tract 50666. When can that be analyzed? After the homes are constructed? Have plans been made? The public will be crossing PV Dr. South to get to the public trails on the Trump tract. What provisions are planned for safe pedestrian crossing at or near this new intersection? Please ask staff to continue to update their studies. Thank you for your service to RPV. Lenee Bilski SeaView resident 1 TO: FROM: DATE: SUBJECT: CITY OF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK MAY 4, 2021 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting. Item No. Description of Material 8 Update April12,2021 CIP Workshop Minutes 3 Revisions on attachments A & 8 4 Email from: Mickey Radich 5 Email from: Lenee Bilski **PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, May 3, 2021**. L:\LA TE CORRESPONDENCE\202112021 Coversheets\2021 0504 additions revisions to agenda.docx DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING/ CAPITAL IMPROVEMENT PROJECT WORKSHOP APRIL 12, 2021 CALL TO ORDER: An Adjourned Regular meeting of the Rancho Palos Verdes City Council was called to order by Mayor Alegria at 6:04P.M. at McTaggart Hall in Fred Hesse Community Park, 29301 Hawthorne Boulevard, and via teleconference/virtual meeting using the Zoom platform notice having been given with affidavit thereto on file. City Council roll call was answered as follows: PRESENT: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria ABSENT: None Also present were Ara Mihranian, City Manager; Karina Banales, Deputy City Manager; Trang Nguyen, Director of Finance; Ken Rukavina, Director of Community Development; Ramzi Awwad, Director Public Works; Cory Linder, Director of Recreation and Parks; Teresa Takaoka, Deputy City Clerk; and Ron Dragoo, Principal Engineer. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilmember Ferraro. APPROVAL OF THE AGENDA: Councilmember Cruikshank moved, seconded by Councilmember Ferraro, to approve the agenda as presented. The motion passed on the following roll call vote: AYES: NOES: Bradley, Cruikshank, Dyda, Ferraro, and Mayor Alegria None PUBLIC COMMENTS FOR NON-AGENDA ITEMS: None. REGULAR BUSINESS: 1. Consideration and possible action to review the proposed Capital Improvement Program (Awwad) Deputy City Clerk Takaoka noted that late correspondence was distributed and there were two requests to speak. City Manager Mihranian briefly introduced the agenda item. Ramzi Awwad, Director of Public Works, presented a report on the status of the current FY2019-20 Capital Improvement Program, and proposed 5-Year Capital Improvement Program and PowerPoint presentation. Discussion ensued among Council Members and Staff, including advising the City Council that the City was recently notified of a Highway Safety Improvement Program grant award, which will result in a new grant-funded CIP project that will be added to the next version of the CIP. The project is guardrail improvements on Palos Verdes Drive East. Council provided feedback and guidance to Staff regarding the proposed CIP, summarized as follows: • Confirmed transferring $300k from operating surplus to CIP. • Directed Staff to separate the "Needs/Wants" section of the CIP into two sections-one for "Needs" and one for "Wants". • Authorized Staff to include funding for project management in FY2021-22 for the Ladera Linda Park and Community Center. • Directed Staff to proceed with Hesse Park Athletic Field Improvements and to identify solution to gophers to make the field playable. • Bubbles Statue o Seek volunteer resources o Consider incorporating into Lower Point Vicente Master Plan project • Restroom Improvements at PVIC o Include funding for the entire project in FY2021-22 • Pavement Management Program -Arterial Roadway Rehabilitation o Include minor median beautification in projects o Include path improvements in projects adjacent to arterial roads • Pavement Management Program -Residential Roadway Rehabilitation o No more than one additional year of deferment o Evaluate program to ensure that a treatment is not automatically applied on the basis of order; rather that a need is clearly established before a treatment is applied • Palos Verdes Drive South Intersection Improvements o Include funding for construction and associated costs in FY2021-22 • Palos Verdes Drive East Widening and Path Improvements near Bronco Drive o Seek grant funding so that construction can be implemented sooner than later • Western Avenue Beautification o Include funding for engineering DRAFT City Council Minutes April 12, 2021 Page 2 of 3 • Traffic Calming -PV Nature Preserve Parking Solutions o Defer construction and associated costs to FY2022-23 • Traffic Calming Program -Citywide o Include roundabout pilot project at PVDS & Forrestal in CIP o Include roundabout education outreach in CIP • Walking Paths Program o Propose a new program to construction path improvements along streets • Storm Drain Projects o Prioritize flood control projects The members of the public withdrew their requests to address the City Council. ADJOURNMENT At 9:22 P.M., Mayor Alegria adjourned to 6:00 P.M. on April 20, 2021, for Interviews (Emergency Preparedness Committee) and a Closed Session Meeting; and 7:00P.M. for a Regular meeting. Attest: /s/ Teresa Takaoka City Clerk /s/ Eric Alegria Mayor DRAFT City Council Minutes April 12, 2021 Page 3 of 3 ORDINANCE NO. U AN URGENCY ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING SUBSECTION (A) OF CHAPTER 5.10.020 AND CHAPTER 5.28 (PEDDLERS) OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO VENDORS WHEREAS, Senate Bill 946 (Government Code §§ 51306 et seq.), the Safe Sidewalk Vending Act, was enacted to address the competing activities that a local community experiences in regulating and accommodating pedestrians, bikes, scooters, cafe seating, business signage, advertisements, protests and, increasingly, vending within the public right-of-way. In adopting the bill, the Legislature found that sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities, increases access to desired goods, such as culturally significant food and merchandise, and contributes to a safe and dynamic public space. The Legislature further found that the safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending. WHEREAS, the Legislature further found that "unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California's economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk." WHEREAS, Rancho Palos Verdes Municipal Code Chapter 5.28 currently regulates peddling in the form of street vending in a manner inconsistent with SB 946 and the Rancho Palos Verdes Municipal Code does not permit sidewalk vending in a manner that substantially complies with the provisions of SB 946; and WHEREAS, Section 22455 of the Vehicle Code provides that cities may "adopt additional requirements for the public safety regulating the type of vending and the time, place, and manner of vending from vehicles upon any street. ... " WHEREAS, the City does not currently have a regulatory program in place applicable specifically to sidewalk vendors; and WHEREAS, the City Council adopts this Urgency Ordinance in accordance with the authority granted by SB 946; WHEREAS, the City Council declares that the regulations enacted by this Urgency Ordinance are intended to promote and protect the health, safety and welfare of the City's 01203.0005/713365.1 residents, businesses, and visitors and are in furtherance of the City' s police powers while complying with the provisions of SB 956; WHEREAS, the City Council further declares that the provisions of this Urgency Ordinance are intended to regulate the time, place, and manner of sidewalk vending directly relating to public health, safety, and welfare objectives and concerns; WHEREAS, the City Council further declares that the regulations enacted by this Urgency Ordinance, including, but not limited to those governing minimum sidewalk widths, sidewalk vending receptacle sizes, distance requirements, and locations, are intended and necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (41 U.S. C.§ 12131 et seq.) and other disability access standards; WHEREAS, the City Council desires to retain the ability for local enforcement of sidewalk vendor regulations, including the imposition of fines for violations, to the extent consistent with State law; WHEREAS, the City Council finds that the adoption of this Urgency Ordinance is necessary for the preservation of the public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The above recitals are true and correct and incorporated fully herein. Section 2. Urgency Findings. The City Council finds that the City lacks updated regulations applicable to ensure that vending from vehicles and carts is conducted safely and appropriately. Recently certain vendors have started selling goods from the public right of way, generating complaints related to the safety of the stands, to wit, some stands have erected multiple large flags that risk blowing the stand into the street into traffic, and which can block vehicle visibility. The City has an interest in ensuring that all vendors who operate within the City do so safely and responsibly. Section 3. Subsection (A) of Section 5.10.020 (Permit required for certain businesses) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced with the following "A. No person shall commence, conduct, or purport to commence or conduct the following business activities within the boundaries of the City of Rancho Palos Verdes without possessing a valid business license permit issued pursuant to this chapter: 1.Escort*; 2.Escort bureau*." 01203.0005/713365.1 Section 4. Chapter 5.28 (Peddlers) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced with the following: Chapter 5.28 (Vending on Public Property) 5.28.010 Purpose The City Council finds that sidewalk vending: provides important entrepreneurship and economic development opportunities to disproportionate communities; increases access to desired goods, such as culturally significant food and merchandise; contributes to a safe and dynamic public space; and that safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending. The City Council further finds that these regulations are necessary to ensure that sidewalk vending does not threaten the public health and safety. 5 .28.020-Permit required. No person shall engage in, conduct or carry on the business of sidewalk vending without first obtaining a permit in accordance with this chapter, and without first obtaining a business license pursuant to Chapter 5.04 (Business Licenses). No person shall engage in sidewalk vending upon the city's public right -of-way(s) without first obtaining a valid sidewalk vending permit issued by the public works director . 5 .28.030 -Definitions . Unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply: "Captive audience" means one or more purposefully stationary persons, such as persons in lines, on public transportation, or seated in public areas. "City" means the city of Rancho Palos Verdes. "Director" means the Director of Public Works, and includes their designee. "Public sidewalk or street" means all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks and public ways. "Commercial vehicle" means a vehicle maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. Passenger vehicles which are not used for the transportation of persons for hire, compensation or profit are not commercial vehicles. 01203.0005/713365 .1 "Driver" means and includes every person who drives or; is in actual charge and control of any vehicle, or commercial vehicle from which street vending takes place. "Goods or merchandise" includes items and products of every kind and description, including all food, produce and beverage items, and manufactured goods and merchandise. "Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Nonmotorized conveyance" means any device moved exclusively by human power, including but not limited to, any pushcart, stand, display, showcase, rack, pedal- driven cart, wagon, bicycle, tricycle or other wheeled container or conveyance. "Owner" means and includes every person having legal title to any vehicle, or commercial vehicle, from which street vending takes place. "Person" means any natural person, firm, partnership, association, corporation or other entity of any kind or nature. "Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. "Vehicle" shall include "commercial vehicle." "Permittee" means the permit holder, and shall include their designees, employees, agents, or representatives. "Sidewalk vendor" means a person who sells food, goods, or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public street, sidewalk or other pedestrian path, and park and preserve grounds. Sidewalk vendors shall include vendors who sell from a table or other temporary set-up. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. 5.28.040 Permit Application and Issuance A. Any person desiring to street vend !JPOn a City right-of-way~ shall first submit an application for a street vendor permit. A nonrefundable processing fee and annual street vendor permit fee to be set by city council resolution shall be 01203.0005/713365.1 submitted with the application. Such application shall include, but not be limited to, the following information: 1. Identification of the applicant, including the name of the business and the name of all owners of the business. Where the applicant is a corporation, association, partnership, limited partnership or other legal entity, "applicant" shall mean each partner, officer, director, and each shareholder owning or controlling more than ten percent of such entity. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; 2. A complete description of the business activity proposed to be operated, including all vehicles, commercial vehicles, and nonmotorized conveyances proposed to be used, and the location of such proposed business activity, including any vehicle identification number, license plate number, and proof of current registration for the vehicles, which will be used for vending in the City; 3. Provide the city with evidence of automobile insurance required under state law for operating the motorized vehicle, if any, which is identified in the permit application form 4. The date the vending is expected to begin; 5. The proposed hours of operation and locations; 6. A copy of a valid California Department of Tax and Fee Administration seller's permit; and 7. A copy of a current Health Department permit, or any other state applicable state permit, if required to sell the particular product. B. Review by Director. 1. An application that is not complete shall be returned to the applicant along with a list of the deficiencies within 15 days of receipt of the application. The application shall be deemed abandoned if, within 10 calendar days from the first class mailing of any notice from the city, the application is not received by the city with all of its defects entirely corrected. As a courtesy to the applicant, upon request of the applicant, the director shall grant the applicant an extension of time of 10 business days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time. Unless the applicant requests an extension of time pursuant to this subsection, nothing in this paragraph shall be construed to relieve the director of the duty to make a decision within the time limits set forth in sub-section 2 of this section. 2. Once a completed application is filed, and the applicant pays the prescribed fee, the director shall initiate an investigation of facts for each permit application with the 01203.0005/713365.1 appropriate City departments and County agencies designated to review such applications. The decision to approve (with or without conditions) or deny the application shall be made within 15 days after the filing of a completed application. Notice of the director's decision shall be mailed by certified or registered mail or personally delivered to the applicant within three business days of the date of the decision. 5.28.050 Appeal of Director's Decision. A Within 10 days after the date of the director's decision, any interested person may appeal the decision to the city manager. The appeal shall set forth the ground(s) for the appeal and shall be accompanied by an appeal fee in an amount prescribed by resolution of the city council. A timely appeal accompanied by the required fee shall automatically entitle the aggrieved party to a hearing before the city manager. B. The hearing shall be held and action taken not less than 14 days nor more than 30 days after the timely filing of a complete appeal, unless the applicant requests an extension. C. At the time set for the hearing, or at the date to which the hearing may be continued, the city manager shall hear the applicant, who may present any facts to show why the permit should be granted, and shall hear testimony from all other interested persons who attend the hearing to present reasons why the permit should or should not be granted. The city manager, in considering the application and the appeal, shall give consideration to all relevant documents filed and all relevant testimony given at the hearing. D. Within 5 days after the conclusion of the hearing, the city manager shall adopt and issue a written notice of decision approving (with or without conditions) or denying an application for business activities involving constitutionally protected expressive activities. Notice of the city manager's decision shall be mailed by certified or registered mail or personally delivered to the applicant. E. The decision of the city manager shall be final. 5.28.060 Grounds for Denial, Suspension, or Revocation A permit may be denied, suspended, or revoked based on the following grounds. A The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a business license permit, or in any report or statement required to be filed with the director or the city. B. The permittee has violated any statute or any provision of this Code resulting from any act performed in the exercise of any rights permitted by the issuance of the permit that is being considered for modification, suspension or revocation. 01203.0005/713365.1 C. The permittee has violated any provision of federal or state law or any provision of this Code or any other rule or regulation on the business premises or relating to the permitted activity. D. The permittee has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business. E. The permittee has failed or refused to notify the director of any change in material facts as required by this chapter within 10 calendar days after such change. F. The permittee has violated any conditions or restrictions imposed on the permit. G. The permittee has conducted the permitted business in a manner contrary to the peace, health, safety and the general welfare of the public, including, without limitation, by allowing or failing to prevent the use of the business as a base or magnet for unlawful or criminal activity. H. The permittee fails to permit the city or any authorized authorities to conduct the inspections authorized by Section 5.1 0.1 OO(C) or any other inspection authorized by this Code. I. Expiration, suspension, or revocation of any of the required insurance or state permits. K. A denial, suspension, or revocation of a permit may be appealed pursuant to the provisions of Section 5.28.050. No vending shall be permitted pending the appeal. 5.28.070 Sidewalk Vendor Operational Requirements A. No sidewalk vendor using a vehicle shall carry any merchandise, wares, goods or food outside a 1 0-foot radius encircling the vehicle or non motorized conveyance. B. No sidewalk vendor shall park or stand a vehicle used for vending in a manner which causes a hazard to vehicular or pedestrian traffic, and no sidewalk vendor shall distribute any item from a vehicle or nonmotorized conveyance in a manner that causes any person to stand in that portion of the street that is between the vehicle or nonmotorized conveyance and the center of the street. C. No sidewalk vendor shall park a vehicle or nonmotorized conveyance on any street during the hours of 6:00p.m. through 7:00a.m. on Monday through Friday, and 5 p.m. and 9 a.m. on Saturday. No such activity shall be permitted on Sundays or the legal holidays listed in Section 17.96.920 (Holiday, Legal) of this code, unless a special condition is approved by the director. D. No sidewalk vendor shall sell or offer for sale any food or other goods from a vehicle or nonmotorized conveyance unless they maintain a clearly designated litter 01203.0005/713365.1 receptacle in the immediate vicinity of the vehicle or conveyance, marked with a sign requesting use by patrons. Prior to leaving the location, the sidewalk vendor shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed by the sidewalk vendor, including any packages or containers, or parts thereof, used with or for dispensing such food or goods. E. The sidewalk vendor shall not make any outcry, blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the streets, alleys, parks or other public places of this city where sound is of sufficient volume to be capable of being plainly heard upon the public sidewalks or streets, public parks or other public places, for the purpose of attracting attention to any goods, wares, merchandise or food which the permittee proposes to sell. F. Airborne signs such as balloons, banners, feather flags, pennants, as well as flags, are prohibited. G. No vending area shall be larger than 40 square feet per vendor. H. No vending area shall impede ingress into or egress out of any driveway or doorway. No vending area shall reduce accessibility as may be required by the American with Disabilities Act. I. No vending area shall be placed within 30 feet of an intersection. J. No sidewalk vendor shall persistently and importunately sell any goods, merchandise, wares or food to any member of the public after such member of the public expresses his or her desire not to purchase anything from the sidewalk vendor. K. No sidewalk vendor shall intentionally or deliberately obstruct the free movement of any member of the public on any public sidewalk or street or in any public place. L. No sidewalk vendor shall obstruct the visibility of any vehicle traveling upon, from, or to public streets. M. No sidewalk vendor shall sell any items to a captive audience. N. No sidewalk vendor shall threaten any injury or damage to any member of the public who declines to purchase any items being sold, if such threat, whether by word or gesture, would make a reasonable person fearful. 0. No sidewalk vendor shall sell or attempt to sell to the occupants of vehicles standing or moving upon any public street or highway. Nothing in this paragraph shall be construed to prohibit sales to the occupants of any vehicle that is lawfully parked. 01203.0005/713365.1 P. No sidewalk vendor shall park or stand the vehicle or nonmotorized conveyance in violation of any conditions included in the permit. Q. No sidewalk vendor shall sell from any vehicle or nonmotorized conveyance which has not been identified in the application . R. No sidewalk vendor shall stop, stand or park any vehicle or nonmotorized conveyance in violation of any provision of the California Vehicle Code or the Rancho Palos Verdes Municipal Code. S. No sidewalk vendor shall sell any goods from any vehicle which does not have insurance as required under state law for operating the vehicle. T. To maintain accessibility standards for the city's disabled residents, every sidewalk vendor operating on any sidewalk or public right-of-way must ensure that no obstruction is placed in the sidewalk or public right-of-way that would reduce the width of the sidewalk to less than 48 inches, exclusive of the top of the curb . No obstruction shall be located in a sidewalk or public right -of-way less than 6 feet in width when the sidewalk is adjacent to the curb . U. To prevent food -borne illness and protect the health and safety of the city's residents, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves . V. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way . W. No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way from ten p .m. to eight a.m. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the city . X. To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued sidewalk vending permit on the street-side portion of their pushcart, stand , display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance when operating in the public right-of-way . Y. To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other non-motorized conveyance on a public-right-of-way with a slope greater than 5 percent. Z. A sidewalk vendor shall not engage in the selling of alcohol, marijuana, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana, or adult-oriented material depicting, describing or relating to sexual activities. 01203 .0005/713365.1 AA. No sidewalk vending receptacle shall contain or use propane, natural gas, batteries , or other explosive or hazardous materials . A sidewalk vendor may not use an open flame on or within any sidewalk vending receptacle . BB. Sidewalk vending receptacles shall not touch, lean against, or be affixed at any time to any building or structure including , but not limited to lampposts, parking meters, mailboxes , traffic s ignals , fire hydrants, benches , bus shelters , newsstands , trashcans or traffic barriers . CC . Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential. DO . A stationary sidewalk vendor is prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one (1) or more concessionaires for that city park . EE. A sidewalk vendor is prohibited from operating within 750 feet of a permitted certified farmers' market, a permitted swap meet, or any area subject to a special use permit or special event permit for the duration of the permit. FF . To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due, in part, to sidewalk congestion, no sidewalk vendor is permitted to operate within 750 feet of a public or private school during the period extending of one (1) hour before the start of classes and one (1) hour after the end of classes . GG . To protect the health and safety of school children, no state-registered sex offender may operate as a sidewalk vendor within 750 feet of a public or private school at any time . 5.28.080 Violations A. A violation of this chapter punishable only by the following: 1. An administrative fine not exceeding one hundred dollars ($1 00) for a first violation. 2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. 3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. 01203 .0005/713365.1 4. A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. B. Vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph A: 1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. 2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. 3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. C. Upon proof of a valid permit issued by the city, the administrative fines set forth in paragraph B. of this section shall be reduced to the administrative fines set forth in paragraph A. of this section, respectively. Section 5. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 6. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City Council by Government Code § 36937. The City Clerk shall cause a summary of this ordinance to be published in accordance with Government Code§ 36933 in a newspaper of general circulation which is hereby designated for that purpose. Section 7. This Urgency Ordinance shall go into effect and be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council pursuant to Government Code §§ 36934 and 36937. PASSED, APPROVED and ADOPTED this 4th day of May, 2021. 01203.0005/713365.1 Mayor ATTEST: City Clerk 01203.0005/713365.1 ORDINANCE NO. U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING AND REPLACING SUBSECTION (A) OF CHAPTER 5.10.020 AND CHAPTER 5.28 (PEDDLERS) OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO VENDORS WHEREAS, Senate Bill 946 (Government Code §§ 51306 et seq.), the Safe Sidewalk Vending Act, was enacted to address the competing activities that a local community experiences in regulating and accommodating pedestrians, bikes, scooters, cafe seating, business signage, advertisements, protests and, increasingly, vending within the public right-of-way. In adopting the bill, the Legislature found that sidewalk vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities, increases access to desired goods, such as culturally significant food and merchandise, and contributes to a safe and dynamic public space. The Legislature further found that the safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending. WHEREAS, the Legislature further found that "unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California's economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk." WHEREAS, Rancho Palos Verdes Municipal Code Chapter 5.28 currently regulates peddling in the form of street vending in a manner inconsistent with SB 946 and the Rancho Palos Verdes Municipal Code does not permit sidewalk vending in a manner that substantially complies with the provisions of SB 946; and WHEREAS, Section 22455 of the Vehicle Code provides that cities may "adopt additional requirements for the public safety regulating the type of vending and the time, place, and manner of vending from vehicles upon any street. ... " WHEREAS, the City does not currently have a regulatory program in place applicable specifically to sidewalk vendors; and WHEREAS, the City Council declares that the regulations enacted by this Urgency Ordinance are intended to promote and protect the health, safety and welfare of the City's residents, businesses, and visitors and are in furtherance of the City' s police powers while complying with the provisions of SB 946; 01203.0005/713366.1 WHEREAS, the City Council further declares that the provisions of this Urgency Ordinance are intended to regulate the time, place, and manner of sidewalk vending directly relating to public health, safety, and welfare objectives and concerns; WHEREAS, the City Council further declares that the regulations enacted by this Urgency Ordinance, including, but not limited to those governing minimum sidewalk widths, sidewalk vending receptacle sizes, distance requirements, and locations, are intended and necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (41 U.S. C.§ 12131 et seq.) and other disability access standards; WHEREAS, the City Council desires to retain the ability for local enforcement of sidewalk vendor regulations, including the imposition of fines for violations, to the extent consistent with State law; WHEREAS, the City Council finds that the adoption of this Urgency Ordinance is necessary for the preservation of the public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The above recitals are true and correct and incorporated fully herein. Section 2. Subsection (A) of Section 5.10.020 (Permit required for certain businesses) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced with the following "A. No person shall commence, conduct, or purport to commence or conduct the following business activities within the boundaries of the City of Rancho Palos Verdes without possessing a valid business license permit issued pursuant to this chapter: 1.Escort*; 2.Escort bureau*." Section 3. Chapter 5.28 (Peddlers) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Palos Verdes Municipal Code is hereby repealed and replaced with the following: Chapter 5.28 (Vending on Public Property) 5.28.010 Purpose The City Council finds that sidewalk vending: provides important entrepreneurship and economic development opportunities to disproportionate communities; increases access to desired goods, such as culturally significant food and merchandise; contributes to a safe and dynamic public space; and that safety and welfare of the general public is 01203.0005/713366.1 promoted by encouraging local authorities to support and properly regulate sidewalk vending. The City Council further finds that these regulations are necessary to ensure that sidewalk vending does not threaten the public health and safety. 5.28.020-Permit required. No person shall engage in, conduct or carry on the business of sidewalk vending without first obtaining a permit in accordance with this chapter, and without first obtaining a business license pursuant to Chapter 5.04 (Business Licenses). No person shall engage in sidewalk vending upon the city's public right-of-way(s) without first obtaining a valid sidewalk vending permit issued by the public works director . 5.28.030-Definitions. Unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply: "Captive audience" means one or more purposefully stationary persons, such as persons in lines, on public transportation, or seated in public areas. "City" means the city of Rancho Palos Verdes. "Director" means the Director of Public Works, and includes their designee .. "Public sidewalk or street" means all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks, public ways and park or preserve grounds. "Commercial vehicle" means a vehicle maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. Passenger vehicles which are not used for the transportation of persons for hire, compensation or profit are not commercial vehicles. "Driver" means and includes every person who drives or; is in actual charge and control of any vehicle, or commercial vehicle from which street vending takes place. "Goods or merchandise" includes items and products of every kind and description, including all food, produce and beverage items, and manufactured goods and merchandise. "Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. 01203 .0005/713366.1 "Nonmotorized conveyance" means any device moved exclusively by human power, including but not limited to, any pushcart, stand, display, showcase, rack, pedal- driven cart, wagon, bicycle, tricycle or other wheeled container or conveyance. "Owner" means and includes every person having legal title to any vehicle, or commercial vehicle, from which street vending takes place. "Person" means any natural person, firm, partnership, association, corporation or other entity of any kind or nature. "Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. "Vehicle" shall include "commercial vehicle." "Permittee" means the permit holder, and shall include their designees, employees, agents, or representatives. "Sidewalk vendor" means a person who sells food, goods, or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public street, sidewalk or other pedestrian path, and park and preserve grounds. Sidewalk vendors shall include vendors who sell from a table or other temporary set-up. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. 5.28.040 Permit Application and Issuance A. Any person desiring to street vend wi-th-in-upon a City right-of-way tlie-G#y shall first submit an application for a street vendor permit. A nonrefundable processing fee and annual street vendor permit fee to be set by city council resolution shall be submitted with the application. Such application shall include, but not be limited to, the following information: 1. Identification of the applicant, including the name of the business and the name of all owners of the business. Where the applicant is a corporation, association, partnership, limited partnership or other legal entity, "applicant" shall mean each partner, officer, director, and each shareholder owning or controlling more than ten percent of such entity. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; 01203.0005/713366.1 2. A complete description of the business activity proposed to be operated, including all vehicles, commercial vehicles, and nonmotorized conveyances proposed to be used, and the location of such proposed business activity, including any vehicle identification number, license plate number, and proof of current registration for the vehicles, which will be used for vending in the City; 3. Provide the city with evidence of automobile insurance required under state law for operating the motorized vehicle, if any, which is identified in the permit application form; 4. The date the vending is expected to begin; 5. The proposed hours of operation and locations; 6. A copy of a valid California Department of Tax and Fee Administration seller's permit; and 7. A copy of a current Health Department permit, or any other state applicable state permit, if required to sell the particular product. B. Review by Director. 1. An application that is not complete shall be returned to the applicant along with a list of the deficiencies within 15 days of receipt of the application. The application shall be deemed abandoned if, within 1 0 calendar days from the first class mailing of any notice from the city, the application is not received by the city with all of its defects entirely corrected. As a courtesy to the applicant, upon request of the applicant, the director shall grant the applicant an extension of time of 10 business days to complete the application properly. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time. Unless the applicant requests an extension of time pursuant to this subsection, nothing in this paragraph shall be construed to relieve the director of the duty to make a decision within the time limits set forth in subsection 2 of this section. 2. Once a completed application is filed, and the applicant pays the prescribed fee, the director shall initiate an investigation of facts for each permit application with the appropriate City departments and County agencies designated to review such applications. The decision to approve (with or without conditions) or deny the application shall be made within 15 days after the filing of a completed application. Notice of the director's decision shall be mailed by certified or registered mail or personally delivered to the applicant within three business days of the date of the decision. 5.28.050 Appeal of Director's Decision. A. Within 10 days after the date of the director's decision, any interested person may appeal the decision to the city manager. The appeal shall set forth the ground(s) for 01203.0005/713366.1 the appeal and shall be accompanied by an appeal fee in an amount prescribed by resolution of the city council. A timely appeal accompanied by the required fee shall automatically entitle the aggrieved party to a hearing before the city manager. B. The hearing shall be held and action taken not less than 14 days nor more than 30 days after the timely filing of a complete appeal, unless the applicant requests an extension. C. At the time set for the hearing, or at the date to which the hearing may be continued, the city manager shall hear the applicant, who may present any facts to show why the permit should be granted, and shall hear testimony from all other interested persons who attend the hearing to present reasons why the permit should or should not be granted. The city manager, in considering the application and the appeal, shall give consideration to all relevant documents filed and all relevant testimony given at the hearing. D. Within 5 days after the conclusion of the hearing, the city manager shall adopt and issue a written notice of decision approving (with or without conditions) or denying an application for business activities involving constitutionally protected expressive activities. Notice of the city manager's decision shall be mailed by certified or registered mail or personally delivered to the applicant. E. The decision of the city manager shall be final. 5.28.060 Grounds for Denial, Suspension, or Revocation A permit may be denied, suspended, or revoked based on the following grounds: A. The permittee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a business license permit, or in any report or statement required to be filed with the director or the city. B. The permittee has violated any statute or any provision of this Code resulting from any act performed in the exercise of any rights permitted by the issuance of the permit that is being considered for modification, suspension or revocation. C. The permittee has violated any provision of federal or state law or any provision of this Code or any other rule or regulation on the business premises or relating to the permitted activity; D. The permittee has published, uttered or disseminated any false, deceptive or misleading statements or advertisements in connection with the permitted business; E. The permittee has failed or refused to notify the director of any change in material facts as required by this chapter within 10 calendar days after such change; 01203.0005/713366.1 F. The permittee has violated any conditions or restrictions imposed on the permit; G. The permittee has conducted the permitted business in a manner contrary to the peace, health, safety and the general welfare of the public, including, without limitation, by allowing or failing to prevent the use of the business as a base or magnet for unlawful or criminal activity. H. The permittee fails to permit the city or any authorized authorities to conduct the inspections authorized by Section 5.1 0.1 OO(C) or any other inspection authorized by this Code. I. Expiration, suspension, or revocation of any of the required insurance or state permits. J. A denial, suspension, or revocation of a permit may be appealed pursuant to the provisions of Section 5.28.050. No vending shall be permitted pending the appeal. 5.28.070 Sidewalk Vendor Operational Requirements A No sidewalk vendor using a vehicle shall carry any merchandise, wares, goods or food outside a 1 0-foot radius encircling the vehicle or non motorized conveyance. B. No sidewalk vendor shall park or stand a vehicle used for vending in a manner which causes a hazard to vehicular or pedestrian traffic, and no sidewalk vendor shall distribute any item from a vehicle or nonmotorized conveyance in a manner that causes any person to stand in that portion of the street that is between the vehicle or nonmotorized conveyance and the center of the street. C. No sidewalk vendor shall park a vehicle or nonmotorized conveyance on any street during the hours of 6:00 p.m. through 7:00 a.m. on Monday through Friday, and 5 p.m. and 9 a.m. on Saturday. No such activity shall be permitted on Sundays or the legal holidays listed in Section 17.96.920 (Holiday, Legal) of this code, unless a special condition is approved by the director. D. No sidewalk vendor shall sell or offer for sale any food or other goods from a vehicle or nonmotorized conveyance unless they maintain a clearly designated litter receptacle in the immediate vicinity of the vehicle or conveyance, marked with a sign requesting use by patrons. Prior to leaving the location, the sidewalk vendor shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed by the sidewalk vendor, including any packages or containers, or parts thereof, used with or for dispensing such food or goods. E. The sidewalk vendor shall not make any outcry, blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the streets, alleys, parks or other public places of this city where sound is of sufficient volume to be capable of being plainly heard upon the public sidewalks or streets, public parks or other public places, for the 01203.0005/713366.1 purpose of attracting attention to any goods, wares, merchandise or food which the permittee proposes to sell. F. Airborne signs such as balloons, banners, feather flags, pennants, as well as flags, are prohibited. G. No vending area shall be larger than 40 square feet per vendor. H. No vending area shall impede ingress into or egress out of any driveway or doorway. No vending area shall reduce accessibility as may be required by the American with Disabilities Act. I. No vending area shall be placed withing 30 feet of an intersection. J. No sidewalk vendor shall persistently and importunately sell any goods, merchandise, wares or food to any member of the public after such member of the public expresses his or her desire not to purchase anything from the sidewalk vendor. K. No sidewalk vendor shall intentionally or deliberately obstruct the free movement of any member of the public on any public sidewalk or street or in any public place. L. No sidewalk vendor shall obstruct the visibility of any vehicle traveling upon, from, or to public streets. M. No sidewalk vendor shall sell any items to a captive audience. M. No sidewalk vendor shall threaten any injury or damage to any member of the public who declines to purchase any items being sold, if such threat, whether by word or gesture, would make a reasonable person fearful. 0. No sidewalk vendor shall sell or attempt to sell to the occupants of vehicles standing or moving upon any public street or highway. Nothing in this paragraph shall be construed to prohibit sales to the occupants of any vehicle that is lawfully parked. P. No sidewalk vendor shall park or stand the vehicle or non motorized conveyance in violation of any conditions included in the permit. Q. No sidewalk vendor shall sell from any vehicle or nonmotorized conveyance which has not been identified in the application. R. No sidewalk vendor shall stop, stand or park any vehicle or nonmotorized conveyance in violation of any provision of the California Vehicle Code or the Rancho Palos Verdes Municipal Code. 01203.0005/713366.1 S. No sidewalk vendor shall sell any goods from any vehicle which does not have insurance as required under state law for operating the vehicle. T. To maintain accessibil ity standards for the city's disabled residents , every sidewalk vendor operating on any sidewalk or publ ic right -of-way must ensure that no obstruction is placed in the sidewalk o r public right -of-way that would reduce the w idth of the sidewalk to less than 48 inches, exclusive of the top of the curb . No obstruction shall be located in a sidewalk or public right-of-way less than 6 feet in width when the sidewalk is adjacent to the curb . U. To prevent food -borne illness and p rotect the health and safety of the city 's residents , eve ry sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves . V . A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way . W. No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right -of-way from ten p.m . to eight a.m. Any equipment or objects left overnight in public spaces or in any portion of the public right -of-way will be considered discarded and may be seized or disposed of by the city . X . To facilitate the enforcement of this chapter, every sidewalk vendo r must display their city -issued sidewalk vending permit on the street-side portion of their pushcart , stand , display , pedal -driven cart, wagon, showcase , rack, or other non - motorized conveyance when operating in the public right -of-way . Y . To prevent unintended rolling or slipping , a sidewalk vendor is prohibited from operating a pushcart, pedal -driven cart , wagon, or other non -motorized conveyance on a public-right-of-way with a slope greater than 5 percent. Z . A sidewalk vendor shall not engage in the selling of alcohol, marijuana , tobacco products , products that contain nicotine or any product used to smoke /v ape nicotine or marijuana , or adult -or iented material dep icting , describing or relating to sexual act ivities. AA. No sidewalk vending receptacle shall contain or use propane , natu ral gas , batteries , or other explosive or hazardous materials. A sidewalk vendor may not use an open flame on or with in any s idewalk vend ing receptacle. BB . S idewalk vending receptacles shall not touch, lean against, or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters , mailboxes , traffic signals , fire hydrants, benches , bus shelters , newsstands, trashcans or traffic barriers . 01203.0005/713366.1 CC . Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential. DD . A stationary sidewalk vendor is prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one (1) or more concessionaires for that city park . EE . A sidewalk vendor is prohibited from operating within 750 feet of a permitted certified farmers' market, a permitted swap meet, or any area subject to a special use permit or special event permit for the duration of the permit. FF . To limit traffic congestion and protect the safety of children traveling to and from and in and around schools from potential adverse safety impacts due , in part , to sidewalk congestion , no sidewalk vendor is permitted to operate within 750 feet of a public or private school during the period extend i ng of one (1) hour before the start of classes and one (1) hour after the end of classes . GG . To protect the health and safety of school children , no state-registered sex offender may operate as a sidewalk vendor within 750 feet of a public or private school at any time . 5.28.080 Violations A. A violation of this chapter punishable only by the following : 1. An administrative fine not exceeding one hundred dollars ($1 00) for a first violation. 2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. 3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. 4. A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. B. Vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph A: 1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. 01203.0005/713366.1 2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. 3. An administrative fine not exceeding one thousand dollars ($1 ,000) for each additional violation within one year of the first violation. C. Upon proof of a valid permit issued by the city, the administrative fines set forth in paragraph B. of this section shall be reduced to the administrative fines set forth in paragraph A. of this section, respectively. Section 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 5. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City Council by Government Code § 36937. The City Clerk shall cause a summary of this ordinance to be published in accordance with Government Code§ 36933 in a newspaper of general circulation which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this_ day of May, 2021. Eric Alegria, Mayor ATTEST: Teresa Takaoka, City Clerk 01203.0005/713366.1 Enyssa Momoli From: Sent: To: Subject: Teresa Takaoka Tuesday, May 4, 2021 4:40PM Enyssa Momoli FW: City Council Meeting 05/04/21 -Item #4 From: Mickey Radich <mickeyrodich@gmail.com> Sent: Tuesday, May 4, 2021 4:39 PM To: CC <CC@rpvca.gov> Subject: City Council Meeting 05/04/21-Item #4 I am not in favor of approval of Item #4 in tonight's agenda. I don't agree with the 4 streets singled out in this Item. We must do complete Traffic Studies on Crenshaw and Hawthorne Blvds. in order for them to be legal I don't believe that the Traffic Study was made properly. I believe Traffic Codes require that in order to change the speed limit of one section of a street with various speed limits, that full street must be included in the Traffic Survey. Wilden & Associates made a Traffic Study for Ladera Linda park. Believe it or not, with the City's projected massive increase in usage at Ladera Linda, their study shows less traffic generated overall by Ladera Linda. This Traffic Study should also include Ayso soccer parking, Preserve parking and the Ladera Linda HOA usage to be accurate. I would like to also mention what changing the speed limits on Hawthorne Blvd. will also change. RPV used a $750,000 grant (the City paid 10% or $75,000} to synchronize the traffic lights on Hawthorne Blvd. and now we will throw that money away and pay to re-synchronize the traffic lights again after you arbitrarily change the speed limits. If you were to look back into a November of 2011 incident of improperly changing speed limits on our City streets you will find that there was an issue on PVDE with a speed limit change. In an area of PVDE near Miraleste Intermediate Schoot RPV illegally reduced the speed limit from 40 MPH to 20 MPH. The Sheriff's Dept. wrote numerous tickets, many to local residents, for speeding. A resident in that area that was ticketed decided to look into the Traffic Codes and Ordinances and discovered that this speed limit change was illegal. Because PVDE had many speed limit changes along its length, for a Traffic Study to be legal it must include the length of PVDE in our City. I don't think a legal Traffic Study was ever made since then. For years, the switchbacks on PVDE had a 35 MPH speed limit, but some years ago as a result of a Traffic Study, the speed limit was changed to 40 MPH. Since that time there have been numerous drivers crashing into the guardrails. Just a year ago a 20 year old man was killed crashing into a guardrail on PVDE. And just in the last month 3 major guardrail repairs were made because of guardrail crashes. I don't understand the City's logic with Traffic Studies and speed limits. So now the City is at it again by changing the speed limits along these 4 street segments with questionable Traffic Studies. 1 Enyssa Momoli From: Sent: To: Subject: Importance: Late carr Teresa Takaoka Tuesday, May 4, 2021 3:59 PM Enyssa Memoli FW: May 4 CC Agenda Item # 5 High From: Lenee Bilski <leneebilski@hotmail.com> Sent: Tuesday, May 4, 2021 3:58 PM To: CC <CC@rpvca.gov> Cc: Ara Mihranian <AraM@rpvca.gov>; Pianning@rpvca.gov; CityCierk <CityCierk@rpvca.gov> Subject: May 4 CC Agenda Item# 5 Importance: High Dear RPV Major Alegria and City Council Members, Please take more action rather than just "receive and file" this Report on views. One of the greatest assets in Rancho Palos Verdes is the spectacular view, both public and private. Views of Ocean, Catalina and Pastoral views are our treasures that need to be preserved for future generations to enjoy as I have enjoyed them in the past. Not so much these days, unfortunately .. The public's views are Not being protected from obstruction along Palos Verdes Drives West and South in particular. I have lived here since the 1960's so I know how much view has been needlessly lost. The City 's property is a major offender at PV Dr. South and Sea Cove (Abalone Cove area) where it blocks what once was an open view of Portuguese Point, the special promontory that we are privileged to have along our coastline. Why is the City paying for maintenance of the center dividers, etc. but ignoring the overgrowth of trees and bushes at this area ofthe City? The Coastal Specific Plan should be honored on City property and thereby give a good example to private developers. If you drive a regular sedan along The Drive, the views of ocean, Santa Catalina Island and especially Portuguese Point are obscured by foliage. Where is the Staff when it comes to enforcing what is called for in the Coastal Specific Plan? Views of Portuguese Point used to be an "Ahhh" moment as we passed the Fire Station and that Point came into clear, unobstructed view. How many of you Councilmembers remember seeing that magnificent view? Now, it's not even slightly visible except a glimpse here and there between trees and bushes on Abalone Cove parkland. Why was this allowed to happen I ask myself! I agree completely with Sunshine's comments on this item and past comments by Ed Stevens. 1 When the staff report states "development" that includes foliage, as in landscaping plans. Why is the foliage next to the Ocean Front Estates allowed to exceed the height of the " 90% light and air fencing" by about 4 feet in some areas??? Why is any hedge allowed to grow along that fence. The foliage blocks the view. As you continue driving, notice how the foliage around Pelican Cove has grown higher that the RPVs that park in the lot. Also notice that the Terranea foliage has grown way above the roof lines and is becoming a forest of trees towereing above rooflines blocking the ocean/Catalina views. What about the Conditions??? The Trump development has mitigation measures to protect the views across Tract 50666. There were no silhouettes put up for the residential development though all others are required to erect at least a simple outline of the ridgelines. Why not here? If Staff allowed the developer to get approval without silhouettes, where can the Council and the staff look NOW for funds to provides us with silhouettes before the houses are started? Could there be funds available for something like errors or omissions that could fund erecting silhouettes and will the City pursue getting the developer to allow their erection? This is where the residents and visitors to Rancho Palos Verdes look to the City for help in preserving the open views to the ocean and to Catalina as originally promised in Trump's VH Property's Revision W. That was the agreement which allowed for the construction of the Driving Range. The residents fought long and hard for view preservation during each development hearing and now we look to you, the City Council, to direct the city staff to take action to enforce Policy 49, the Coastal Specific Plan and Conditions of Approval! As for Policy 49, that should be added to the Coastal Specific Plan "Definitions" so that the public, Public Works, Planning and Deveolpment employees will see it, read it, and implement it. Please direct staff to take action on these issues instead of just filing their report in some virtual drawer and forgetting about it. Thank you for your service to RPV. Sincerely, Lenee Bilski 2 TO: FROM: DATE: SUBJECT: CfTYOF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK MAY 3, 2021 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, May 4, 2021 City Council meeting: Item No. 1 2 5 Description of Material Email exchange between: City Manager Mihranian and Noel Park Letter from: Scott B. Birkey (Cox, Castle & Nicholson LLP) Email exchange between: Director of Community Development Rukavina and Madeline Ryan Email from: Sunshine Respectfully submitted, ~~ Teresa Takaoka L:\LATE CORRESPONDENCE\202112021 Coversheets\20210504 additions revisions to agenda thru Monday .docx Enyssa Momoli From: Teresa Takaoka Sent: To: Saturday, May 1, 2021 7:38PM CityCierk Subject: Fw: City Council Meeting 5/4/2021, Agenda Item #1 Late corr From: Ara Mihranian <AraM@rpvca.gov> Sent: Friday, April 30, 2021 5:14PM To: Noel Park <noelparkone@gmail.com>; CC <CC@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov>; Planning <Pianning@rpvca.gov> Subject: RE: City Council Meeting 5/4/2021, Agenda Item #1 Thank you for your support email. It will be provided to the City Council as late correspondence. Have a great weekend, Ara Ara Michael Mihranian City Manager 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5202 (telephone) 310-544-5293 (fax) a ram@ rpvca .gov www. rpvca .gov II Do you really need to print this e-mail? This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. -----Original Message----- From: Noel Park <noelparkone@gmail.com> 1 Sent: Friday, April 30, 20215:07 PM To: CC <CC@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov>; Planning <Pianning@rpvca.gov> Subject: City Council Meeting 5/4/2021, Agenda Item #1 CAUTION: This email originated from outside of the City of Rancho Palos Verdes. I strongly support this item and I hope that you will pass it forthwith. Protection of Coastal Sage Scrub habitat reflects great credit upon the City of Rancho Palos Verdes and everyone involved. Thank you for your consideration. Noel Park 6715 El Rodeo Road Rancho Palos Verdes CA 90275 562-413-5147 Sent from my iPhone 2 Enyssa Momoli From: Teresa Takaoka Sent: To: Monday, May 3, 2021 2:39 PM Enyssa Momoli Subject: Attachments: FW: Letter re May 4, 2021, City Council Meeting Agenda Item #1 Letter to City re Amendment to Code(12651461.2).pdf Late Carr From: Birkey, Scott B. <sbirkey@coxcastle.com> Sent: Monday, May 3, 20211:54 PM To: CC <CC@rpvca.gov> Cc: Ara Mihranian <AraM@rpvca.gov>; Ken Rukavina <krukavina@rpvca.gov>; Octavia Silva <OctavioS@rpvca.gov>; marybeth_woulfe@fws.gov; david.mayer@wildlife.ca.gov; Jim York <theyorkproperties@gmail.com> Subject: Letter re May 4, 2021, City Council Meeting Agenda Item #1 Dear Mayor Alegria and City Council members: Attached please find correspondence regarding May 4, 2021, City Council Meeting Agenda Item #1. Best regards, Scott Birkey Scott B. Birkey 1·1···· C.OX Cl\STLE I·. f'·$lCI·iOLSON Cox, Castle & Nicholson LLP 50 California Street i Suite 3200 . San Francisco CA 94111 direct: 415.262.5162 main: 415.262.5100 1 fax: 415.262.5199 sbirkey@coxcastle.com : vcard I bio I website This communication is intended only for the exclusive use of the addressee and may contain information that is privileged or confidential. If you are not U1e addressee, or someone responsible for delivering this document to the addressee, you may not read, copy or distribute it. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please call us promptly and securely dispose of it. Thank you. 1 I~ COX CASTLE NICHOLSON VIAE-MAIL May 3, 2021 Mayor Eric Alegria and Rancho Palos Verdes City Councilmembers 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Cox, Castle & Nicholson LLP 50 California Street, Suite 3200 San Francisco, California 94111-4710 P: 415.262.5100 F: 415.262.5199 Scott B. Birkey 415.262.5162 sbirkey@coxcastle.com File No. 080942 Re: City Council Consideration and Possible Action to Amend Chapter 17.70 of the City's Code to Add a Subsection Pertaining to the Natural Communities Conservation Plan/Habitat Conservation Plan Dear Mayor Alegria and City Councilmembers: On behalf of our client York Point View Properties, LLC ("York"), we reviewed the City Council Agenda Report regarding Agenda Item 1 for the City Council's Meeting scheduled for May 4, 2021 ("Agenda Report"). The title ofthat Agenda Item is "Consideration and possible action to amend Chapter 17.70 (Site Plan Review) ofTitle 17 (Zoning) ofthe Rancho Palos Verdes Municipal Code to add subsection 17.70.025 (Natural Communities Conservation Plan/Habitat Conservation Plan) establishing Coastal Sage Scrub provisions." As you know, York currently is in litigation with the City ofRancho Palos Verdes regarding the Rancho Palos Verdes Natural Community Conservation Plan/Habitat Conservation Plan (the "Plan") in York Point View Properties, LLC v. City of Rancho Palos Verdes, Second Appellate District Case No. B310192 (Superior Court Case No. BS174116). In that litigation, the City has appealed a November 17, 2020 Superior Court decision ruling in favor ofYork and against the City, in which the Superior Court commanded the City to set aside and invalidate certain provisions of the Plan on the basis that the City's treatment of York's property under the Plan and in other respects has no rational basis and is arbitrary and capricious. In particular, the court found that the City had "invented a mitigation standard that would enable" the City to improperly obtain a wildlife corridor on York's property "for free." (Superior Court Decision at p. 23.) As a result of this Superior Court decision, the Plan does not apply to the York property, given that the Superior Court held that the City's approval of the Plan provisions that pertain to the York property was "not supported by fair and substantial reason." (Superior Court Decision at p. 22.) To reiterate the Superior Court's finding on this issue: "The City is confusing what it wants -which can be obtained through eminent domain or sale -with what [York] can be www .coxcastle.com Los Angeles I Orange County I San Francisco May 3, 2021 Page 2 compelled to provide as mitigation for development." (Superior Court Decision at p. 22.) While the City's appeal has stayed the finality of the trial court judgment, the appeal itself does not undo the judgment nor does the pendency of the appeal allow the City to apply the Plan to York's property as though the Superior Court's findings and judgment do not exist. In any event, a critical component enabling the Plan to be fully implemented has not come to fruition, namely the California Department ofFish and Wildlife's ("CDFW") issuance of the required permit under the California Natural Community Conservation Planning Act. (Fish and Game Code Section 2835.) Issuance of that permit is necessary before developers and others can rely upon the Plan for "incidental take authorization" of special status species. CDFW has not issued the permit to the City, and thus, the Plan is currently of no value for purposes of authorizing the take of special status species. As a practical matter, the proposed amendments to Title 17 described in the Agenda Report do not apply to York's property because (1) the Plan does not apply to York's property, and (2) a determination as to a development's conformance to the Plan's description of impacts and avoidance/minimization measures is of limited value to a developer seeking incidental take authorization under the Plan unless and until CDFW issues the required permit. The City should not take action to adopt these amendments at a time when they will not have any current effect, but rather, when their only effect will be to confuse the public. For these reasons and others York may provide later, York must object to the City Council's approval of the proposed amendment to Title 17 that would effectively incorporate standards and requirements of the Plan into the City's Municipal Code by requiring the City make determinations of conformance as to the Plan and with respect to any properties "in the Plan Area or within any habitat type within the Preserve or on vacant lots abutting the Preserve." May 3, 2021 Page 3 Accordingly, Y ark asks that the City Council not approve this amendment to the Code. Sincerely, Cox, Castle & Nicholson LLP Scott B. Birkey cc: Ara Mihranian, City Manager Ken Rukavina, Director of Community Development Octavia Silva, Deputy Director/Planning Manager Mary Beth Woulfe, U.S. Fish and Wildlife Service David A. Mayer, California Department ofFish and Wildlife 080942\l265!46lv2 Enyssa Momoli From: Teresa Takaoka Sent: To: Saturday, May 1, 2021 7:45PM CityCierk Subject: Fw: CC Meeting, May 4, 2021 -Public Hearing Item #2 Nuisance Abatement (13 Cayuse Lane) Late carr From: Ken Rukavina <krukavina@rpvca.gov> Sent: Friday, April 30, 202111:38 AM To: Madeline Ryan <pvpasofino@yahoo.com> Cc: Rudy Monroy <rmonroy@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; CC <CC@rpvca.gov> Subject: RE: CC Meeting, May 4, 2021-Public Hearing Item #2 Nuisance Abatement (13 Cayuse Lane) Dear Ms. Ryan, I'm writing to acknowledge receipt of your correspondence by City Council and staff. Thank you for your input and for your concern for Ms. Disanto. Unfortunately, we cannot discuss the specifics of the case; however, please rest assured that City staff and our legal counsel are working with Ms. Disanto and her representatives in order to improve and remedy the situation for both Ms. Disanto and the neighbors. Your email will be included in the record as late correspondence for the City Council's consideration of this matter. Thank you and best regards, Ken Ken Rukavina, PE Director of Community Development t:'tty of Rancho Palos Verdes City Hall is open to the public during regular business hours. To help prevent the spread of COVID-19, visitors are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website . • , Download on the AppStore ........ GalTON IP"" Google Play 1 From: Madeline Ryan <pvpasofino@yahoo.com> Sent: Friday, April 30, 2021 9:56AM To: CC <CC@rpvca.gov> Cc: rmunroy@rpvca.gov; Ken Rukavina <krukavina@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov> Subject: CC Meeting, May 4, 2021-Public Hearing Item #2 Nuisance Abatement (13 Cayuse Lane) Dear Mayor, Councilmembers and Staff- I hesitated to write due to the sensitive and private nature of this matter. However, I have some questions/concerns about the situation and future situations. I have known Rosemarie Disanto for over thirty years. She is an intelligent, bright, rather timid and private individual. .and some might say a hoarder. Shortly after the fire, I checked on Rosemarie, the smell of burned debris was still in the air, the scorched exterior walls of the neighbor's, the siding and windows of #13 Cayuse, scarred. Ms. Disanto appeared overwhelmed and lost, lacked focus and clarity as to how to proceed with the clean up. I offered help, but she only wanted help moving items inside the house. Did I mention Ms. Disanto can be quite stubborn? We are all grateful to the City Staff for restoring safety for this resident and the neighborhood, but now that the work is done, does the City file the lien, if approved, and close the file? In reviewing the cost breakdown, 35.83 hours of staff time over the course of two years of letter writing, meetings with City Attorney, coordinating the bids, doesn't seem like a lot of time, just under a 40-hour work week. And, finally, was there any outreach by City Staff to Ms. Disanto's family or the many agencies; i.e, Adult Protection Services, Mental Health providers, Intervention Programs, or any advocate from the many resources City has? Is there a plan in place? Will any follow up occur? Is Ms. Disanto on 'probation'? Of course, the City should be reimbursed for its out-of-pocket costs, but I don't see any extraordinary expense of City Staff's time that would justify reimbursement. Thank you to Staff, we appreciate so much their dedication and commitment to resolutions. 2 Madeline Ryan Rancho Palos Verdes "May the Trails be with you ... " Madeline 3 Enyssa Momoli From: Sent: To: SUNSHINE <sunshinerpv@aol.com> Thursday, April 29, 2021 3:40PM CC; CityCierk Cc: Ramzi Awwad; Cory Linder; ezstevens@cox.net; corinne.pbca@gmail.com; James O'Neill; Jesse Villalpando; imac; Rudy Monroy Subject: May, 2021, City Council Agenda Item 5. Protecting public views while mitigating fire fuel Dear Mr. Mayor, Council, Staff and interested parties Although this report contains a lot of information, the Conclusion states that it only relates to development projects. Most of the current view obstructions are due to foliage growth. Most of that foliage is on City property and is contributing to the fire fuel hazard. Fire season is now. The Community Development Department's Planning Division only deals with proposed private developments. The Code Enforcement Division only deals with reported violations to Conditions of Approval. The View Restoration Staff only deal with requests for conflict resolution. The views and vistas which the Public Works Department and the Rec.& Parks Department should be monitoring and maintaining either are not sufficiently codified or Staff and the PVPLC are not aware of the objectives which the COD imposes on private parties. My primary concern, particularly in relation to the 5-Year Budget Model, is that the quality of our community is not sufficiently covered in the Regular Operations and Maintenance Category. Preserving views, preserving trails and providing unobstructed roadsides is the sort of thing that should not have to be called to Staff's attention like creating a Pathways Plan. Is all this a "want" or a "need"? Requesting more lists is not going to get this work done on a routine basis. The COD's Staff Recommendation is to Receive and File their Report. If you can come up with some way to get Public Works and Rec.& Parks to read this Report and treat City property the same as private property in relation to public safety, view preservation/restoration and circulation, you will make a lot of citizens a lot happier. It is all up to you .... S 310-377-8761 1 s. PS: Nobody has contacted me to follow-up on my May 5, 2020 request to have an acacia and eucalyptus "forest" removed. Rudy Monroy did take a lot of pictures while he was in the neighborhood on another issue. In a message dated 4/27/2021 7:51:35 PM Pacific Standard Time, listserv@civicplus.com writes: View this in your browser The next City Council and Improvement Authority meetings will be held on Tuesday, May 4, 2021 at 6:00p.m. for Closed Session and 7:00 p.m. for the Regular Meeting. The meetings will be conducted through a *hybrid combination of in-person and/or all virtual attendance of the five members of the City Council and invited staff at Hesse Park, McTaggart Hall at Fred Hesse Community Park, 29301 Hawthorne Blvd. Public participation is highly encouraged using the virtual platform as there will be very limited seating (with a combined total of 25 people between two rooms) at Hesse Park. Note -Successor Agency meeting has been cancelled due to a lack of items. Click the following link to access the live meetings, agendas, and staff reports on the city website at http://www.rpvca.gov/agendas. To participate and provide public comment, complete a form at http://www.rpvca.gov/participate to receive an email with further instructions. If you require a disability-related modification or accommodation to participate in a meeting, please contact the City at least 48 hours prior to the meeting via email at adarequests@rpvca.gov. If you have any questions, please contact the City Clerk's office at 310-544-5217 or at CityCierk@rpvca.gov. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * This message is been sent by the City of Rancho Palos Verdes as part of a "Notify Me" Listserv category you are signed up for. Please do not press "reply" when responding to this message, it is an unmonitored email address. You can make changes to your subscription by visiting http://www.rpvca.gov/list.aspx. You are receiving this message because you are subscribed to City Council, Successor Agency and Improvement Authority Agendas on www.rpvca.gov. To unsubscribe, click the following link: Unsubscribe 2