Loading...
CC SR 20220719 F - Muni Code Update Chap 12.20 CITY COUNCIL MEETING DATE: 07/19/2022 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to amend Section 12.20.030 (Special Events Definitions) of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code. RECOMMENDED COUNCIL ACTION: (1) Introduce for first reading Ordinance No.__, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING SECTION 12.20.030 (DEFINITIONS) OF CHAPTER 12.20 (SPECIAL EVENT PERMITS) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCLUDE A DEFINITION STATING THAT PUBLIC PROPERTY SHALL MEAN AND INCLUDE ALL CITY OWNED OR CONTROLLED REAL PROPERTY, INCLUDING BUT NOT LIMITED TO STREETS AND SIDEWALKS, PARKS, THE PALOS VERDES NATURE PRESERVE, AND FACILITIES, AS WELL AS ANY EASEMENTS OVER PRIVATE PROPERTY FOR THE BENEFIT OF THE PUBLIC FISCAL IMPACT: N/A Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Matt Waters, Senior Administrative Analyst, Recreation and Parks Department REVIEWED BY: Cory Linder, Director, Recreation and Parks Department APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Ordinance No. __ (page A-1) BACKGROUND AND DISCUSSION: On September 19, 2019, the City Council adopted a Special Events Permit ordinance. The purpose of this ordinance, as codified in Chapter 12.20 (Special Event Permits) of 1 CITYOF RANCHO PALOS VERDES the Rancho Palos Verdes Municipal Code (RPVMC), is to “provide for the issuance of special event permits to regulate large, organized events on the public streets and public property of the City; and to provide for fees, charges, and procedures required to administer the permit process.” While the Chapter includes a wide range of definitions to determine whether a proposed use requires a special event permit, there is no definition of public property. In light of this and to ensure consistent enforcement of Chapter 12.20, staff in collaboration with the City Attorney’s Office are recommending the following definition of public property for the City Council’s consideration: Public property shall mean and include all City owned or controlled real property, including but not limited to streets and sidewalks, parks, the Palos Verdes Nature Preserve, and facilities, as well as any easements over private property for the benefit of the public. The definition clarifies that a Special Event Permit may be required for events on property owned in fee by the City, as well as private property with a public easement. If approved this evening, this ordinance will return for a second reading at the August 2, 2022 City Council meeting, and take effect in 30 calendar days after the second reading. CONCLUSION: Staff recommends the City Council amend Chapter 12.20 of the RPVMC to establish a definition of public property for the purposes of a Special Events Permit. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action s are available for the City Council’s consideration: 1. Do not amend Chapter 12. 20 of the RPVMC. 2. Take other action, as deemed appropriate. 2 ORDINANCE NO. __ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING SECTION 12.20.030 (DEFINITIONS) OF CHAPTER 12.20 (SPECIAL EVENT PERMITS) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCLUDE A DEFINITION STATING THAT PUBLIC PROPERTY SHALL MEAN AND INCLUDE ALL CITY OWNED OR CONTROLLED REAL PROPERTY, INCLUDING BUT NOT LIMITED TO STREETS AND SIDEWALKS, PARKS, THE PALOS VERDES NATURE PRESERVE, AND FACILITIES, AS WELL AS ANY EASEMENTS OVER PRIVATE PROPERTY FOR THE BENEFIT OF THE PUBLIC. WHEREAS, on September 19, 2019, the City Council adopted Ordinance No. 624 thereby creating a Special Events Permit; and, WHEREAS, the purpose of Chapter 12.20 of the Rancho Palos Verdes Municipal Code is to provide for the issuance of Special Event Permits to regulate large, organized events on the public streets and public property of the City; and to provide for fees, charges, and procedures required to administer the permit process; and, WHEREAS, Section 12.20.030 of the RPVMC does not specifically include a definition of public property, and the City Council now wishes to include such a definition to ensure consistent enforcement and triggers for requiring a Special Events Permit on the defined public property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The facts set forth in the recitals of this Ordinance are true and correct, and incorporated herein. Section 2. The following definition is added to Section 12.20.030 (Definitions) of Chapter 12.20 (Special Event Permits) of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal Code: Public property shall mean and include all City owned or controlled real property, including but not limited to streets and sidewalks, parks, the Palos Verdes Nature Preserve, and facilities, as well as any easem ents over private property for the benefit of the public. Section 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent A-1 Ordinance No. __ Page 2 of 2 jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 4. This ordinance shall be effective on the thirtieth (30th) day after the day of its adoption. Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in the manner required by law. PASSED, APPROVED and ADOPTED this 19th day of July 2022. ____ David L. Bradley, Mayor ATTEST: Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. __, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on July 19, 2022, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Teresa Takaoka, City Clerk A-2