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CC SR 20250819 D - Adopt Amendment to RPVMC 12.16 Closed Areas CITY COUNCIL MEETING DATE: 08/19/2025 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration of second reading of Ordinance No. 693 to amend Section 12.16.090 (Closed Areas) of Title 12 of the Rancho Palos Verdes Municipal Code RECOMMENDED COUNCIL ACTION: (1) Adopt Ordinance No. 693, “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.693 (Page A-1) B. Proposed Redlined Ordinance Updates (Page B-1) C. August 5, 2025 Staff Report – Introduction of Ordinance No. 693 BACKGROUND: On August 5, 2025, Ordinance No. 693 was introduced by the City Council and approved 5-0. This Ordinance proposes to amend Section 12.16.090 of Title 12 of the Rancho Palos Verdes Municipal Code (RPVMC) to authorize the City Manager or designee to close city streets, sidewalks, facilities, and trails when it becomes necessary to protect 1 public interest, health, welfare, or safety (Attachment C). Currently, Section 12.16.090 limits the City Manager’s authority to closure of city parks or any portion thereof. DISCUSSION: The code amendment (Attachments A and B) associated with Ordinance No. 693 would 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.” This evening, Ordinance No. 693 is presented for its second reading and consideration of adoption. If adopted, this Ordinance will go into effect on September 18, 2025 (30 days after adoption). CONCLUSION: Staff recommends adopting Ordinance No. 693 (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 adopt Ordinance No. 693. 3. Take no action. 2 Ordinance No. 693 Page 1 of 3 ORDINANCE NO. 693 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. 693 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. 693 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. 693 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