CC SR 20250805 04 - Introduce Amendment to RPVMC 12.16 Closed Areas
CITY COUNCIL MEETING DATE: 08/05/2025
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration to amend Section 12.16.090 (Closed Areas) of Title 12 of the Rancho Palos
Verdes Municipal Code
RECOMMENDED COUNCIL ACTION:
(1) Introduce Ordinance No. ___, “AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTION 12.16.090 (CLOSED AREAS) OF
CHAPTER 12.16 (STREETS, PARKS, PRESERVE AND RECREATIONAL
FACILITIES) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF
THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCLUDE CITY
STREETS, SIDEWALKS, FACILITIES AND TRAILS TO BE WITHIN THE CITY
MANAGER OR DESIGNEE’S AUTHORITY TO CLOSE FOR A PERIOD OF TIME
AND WHEN NEEDED”
FISCAL IMPACT: There is no fiscal impact with the proposed code amendment.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Catherine Jun, Deputy City Manager CJ
REVIEWED BY: Same as below
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. ____ (Page A-1)
B. Proposed Redlined Ordinance Updates (Page B-1)
BACKGROUND:
Currently, Section 12.16.090 of Title 12 of the Rancho Palos Verdes Municipal Code
(RPVMC) authorizes the City Manager or designee to close a city park or any portion of
the park when it becomes necessary to protect public interest, health, welfare, or safety.
Examples include but are not limited to unexpected infrastructure damage that requires
a closure in order to make immediate repairs and/or prevents members of the public from
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entering an area if it is deemed unsafe. It has come to the City’s attention, that the RPVMC
does not explicitly allow the City Manager or a designee to close streets, buildings, and
other public facilities for public health, safety and welfare.
DISCUSSION:
The City encounters such incidents not only within City parks but throughout its facilities,
trails, and rights-of way such as streets and sidewalks. Incidents run the gamut and can
range from major vehicle collisions to trail erosion – all of which require immediate
closures and repairs that will limit further damage to infrastructure and injury to members
of the public.
Recently, at approximately 8:00am on July 19, 2025, the City was notified of a sizeable
fissure on the “ski jump,” which is located within the landslide-affected segment of Palos
Verdes Drive South (PVDS). The fissure ran underneath the southbound lane and
required immediate repairs to limit roadway damage and safely convey traffic along
PVDS. As such, the City Manager temporarily closed PVDS in both directions until the
sinkhole could be assessed, then eventually limited the temporary closure to the
southbound lane, while allowing alternating traffic to traverse through the northbound lane
with traffic control measures in place. The closure allowed the City to complete repairs
by approximately 5:00pm and fully reopen PVDS to two-way traffic without incident.
The City remains under an active state of emergency due to unprecedented land
movement. Other types of public safety related incidents are to be expected, whether
they involve the City’s roadways, facilities, parks or trail systems. For example, on July
17, a City-permitted rally occurred at Marilyn Ryan/Sunset Park at the intersection of
PVDS and Forrestal that exceeded the expected public participation. In an effort to
maintain public safety through crowd control, protect public and private property, while
waiting for law enforcement to arrive at the scene, the City Manager directed the
temporary closure of Trump National Drive.
As it relates to roadways specifically, California Vehicle Code § 21101(e) grants local
authorities the power to temporarily close streets for specific purposes, including, but not
limited to, celebrations, parades, local special events, protests, or local exigent
circumstances, provided the closure is necessary for the safety and protection of persons
during the temporary closure. Courts have also interpreted California Vehicle Code §
21101(e) to allow local authorities to close streets temporarily when the closure is
necessary to safeguard and protect persons during the closure.
In order to exercise the authority provided under this Vehicle Code section as well as the
authority to close other City facilities and trails, the City must adopt an ordinance or
resolution granting this authority to the City Manager or designee. The City Council is
being asked to consider amending Section 12.16.090 of the RPVMC to include City
streets, sidewalks, facilities and trails to be within the City Manager or designee’s
authority to close for a period of time and when needed. The amendment (Attachments
A and B) would read as follows (deleted text in strikethrough; added text in bold italics):
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“When necessary for the protection of the public interest, health, welfare, or
safety, the city manager or the city manager's designee shall have the
authority to close from public access any street, sidewalk, trail, city
facility, city park or portion thereof for such period of time necessary to
protect public health, safety, welfare and in the public interest on a
temporary or permanent basis. No person other than City-authorized
representatives shall enter or remain in or upon any street, sidewalk,
trail, city facility, city park or portion thereof areas posted as closed.”
The proposed amended code language enables the City to close those affected areas to
address unexpected incidents in a timely manner while securing the safety and welfare
of the public and community is critical.
If introduced this evening, the second reading will occur at the August 19, 2025 meeting.
If adopted, this Ordinance shall go into effect at 12:01 AM on the 31st day after its passage
on second reading.
CONCLUSION:
Staff recommends introducing the attached Ordinance (Attachment A) to amend Section
12.16.090 of Title 12 of the RPVMC to allow the City Manager or designee to close from
public access any street, sidewalk, trail, city facility, city park or portion thereof for such
period of time necessary to protect public health, safety, welfare and in the public interest.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Identify text modifications to the proposed ordinance language and direct Staff to
return at the next available meeting to incorporate comments made to develop and
refine the proposed code amendment.
2. Do not Introduce the proposed code amendment.
3. Take no action.
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Ordinance No. _____
Page 1 of 3
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING SECTION 12.16.090 (CLOSED
AREAS) OF CHAPTER 12.16 (STREETS, PARKS,
PRESERVE AND RECREATIONAL FACILITIES) OF TITLE
12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF
THE RANCHO PALOS VERDES MUNICIPAL CODE TO
INCLUDE CITY STREETS, SIDEWALKS, FACILITIES AND
TRAILS TO BE WITHIN THE CITY MANAGER OR
DESIGNEE’S AUTHORITY TO CLOSE FOR A PERIOD OF
TIME AND WHEN NEEDED
WHEREAS, California Vehicle Code § 21101(e) grants local authorities the power
to temporarily close streets for specific purposes, including, but not limited to,
celebrations, parades, local special events, protests, or local exigent circumstances,
provided the closure is necessary for the safety and protection of persons during the
temporary closure; and
WHEREAS, courts have interpreted California Vehicle Code § 21101(e) to allow
local authorities to close streets temporarily when the closure is necessary to safeguard
and protect persons during the closure; and
WHEREAS, the City Council of the City of Rancho Palos Verdes desires to
expressly confer such closure authority upon the City Manager, or his or her designee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The foregoing Recitals are true and correct and are incorporated
herein by reference.
Section 2. Section 12.16.090 of the Rancho Palos Verdes Municipal Code is
hereby amended to read as follows (deleted text in strikethrough; added text in bold
italics):
“When necessary for the protection of the public interest, health, welfare, or
safety, the city manager or the city manager's designee shall have the
authority to close from public access any street, sidewalk, trail, city
facility, city park or portion thereof for such period of time necessary to
protect public health, safety, welfare and in the public interest on a
temporary or permanent basis. No person other than City-authorized
representatives shall enter or remain in or upon any street, sidewalk,
trail, city facility, city park or portion thereof areas posted as closed.”
A-1
Ordinance No. _____
Page 2 of 3
Section 3. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (“CEQA”) because: (1) it does
not constitute a “project” under CEQA Guidelines § 15378(b)(2), in that it constitutes
general policy and procedure making; (2) it does not constitute a “project” under CEQA
Guidelines § 15378(b)(5) in that it has no potential for resulting in physical change to the
environment, either directly or indirectly; and (3) in the alternative, it is exempt from CEQA
pursuant to CEQA Guidelines § 15060(c)(2), since the activity will not result in direct or
reasonably foreseeable indirect physical change in the environment, and Section
15061(b)(3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment.
Section 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 5. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting, to be entered in the Book
of Ordinances of the Council of this City.
Section 6. Effective Date. This Ordinance shall go into effect at 12:01 AM on the
31st day after its passage on second reading.
A-2
Ordinance No. _____
Page 3 of 3
PASSED, APPROVED and ADOPTED this 19th day of August, 2025.
______________________________
David L. Bradley, Mayor
ATTEST:
_______________________
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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. ___ passed first reading on August 5, 2025, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
August 19, 2025, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
City Clerk
A-3
City of Rancho Palos Verdes
Proposed Redlined Code Amendments
(with deleted text in strikethrough and new text in bold italics)
12.16.090. - Closed areas.
When necessary for the protection of the public interest, health, welfare, or
safety, the city manager or the city manager's designee shall have the
authority to close from public access any street, sidewalk, trail, city
facility, city park or portion thereof for such period of time necessary to
protect public health, safety, welfare and in the public interest on a
temporary or permanent basis. No person other than City-authorized
representatives shall enter or remain in or upon any street, sidewalk, trail,
city facility, city park or portion thereof areas posted as closed.
B-1