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Home My WebLink AboutAGENDA REPORT 2019 0717 REG CCSA ITEM 09DCITY OF MOORPARK, CALIFORNIA City Council Meeting of July 17, 2019 ACTION A pproved Staff Recommendation, Including Introduction of Ordinance No. 473, as Amended . BY B.Garza D. Consider an Ordinance Replacing in its Entirety Section 12.16.060 of Chapter 12.16, Parks and Open Space of Title 12, Streets, Sidewalks and Public Places of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance No. ___ for first reading, waive full reading, and place this ordinance on the agenda for the September 18, 2019 meeting, for purposes of providing second reading and adoption of the ordinance. (Staff: Jeremy Laurentowski) Item: 9.D. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Stephanie Anderson, Recreation Services Manager DATE: 07/17/2019 Regular Meeting SUBJECT: Consider an Ordinance Replacing in its Entirety Section 12.16.060 of Chapter 12.16, Parks and Open Space of Title 12, Streets, Sidewalks and Public Places of the Moorpark Municipal Code BACKGROUND AND DISCUSSION Since the City’s incorporation, the consumption and possession of alcoholic beverages has been prohibited on all rentable City properties, with the exception of the Moorpark Community Center. Section 9.20.010 (Public consumption – Prohibition) of Chapter 9.20 (Alcoholic Beverages) of the Moorpark Municipal Code (MMC) sets forth these prohibitions. Section 9.20.020 (Public consumption – Exceptions) provides exceptions to these prohibitions as follows: “The provisions of Section 9.20.010 of this chapter shall not prohibit the drinking of such alcoholic beverages in or upon any city owned property, if permitted by Title 12 of the Municipal Code, and when authorized by license or permit. (Ord. 374 § 1, 2009; Ord. 6 § 9 (part), 1983)” Section 12.16.060 of Chapter 12.16 of Title 12 currently reads as follows: “No person shall consume any alcoholic beverages in any park or open space, except as permitted within the city community center building with the issuance of appropriate city permits. (Ord. 439 § 3, 2016; Ord. 392 § 1, 2010)” On April 4, 2018 staff brought an agenda report to the City Council to consider allowing alcohol consumption at the first annual Moorpark Multicultural Arts Festival. Prior to this event, the City had not allowed alcohol consumption at any other City event. Since the event was held on High Street and the MMC does not prohibit the consumption of alcohol on High Street under a Temporary Use Permit (TUP), the City Council approved Item: 9.D. 97 Honorable City Council 07/17/2019 Regular Meeting Page 2 alcohol service for this event. This would provide staff the opportunity to evaluate alcohol consumption at a City event and bring back to the City Council any modifications to the MMC should there be a desire to expand this use to other events on City owned property. It should be noted, that although alcohol has not been allowed at any City event prior to the Multicultural Arts Festival, the City has approved TUP’s to sell and consume alcoholic beverages on High Street several times in the past. For several years the Morning Rotary Club has held the Moorpark Beer Festival on High Street and during a Country Days event, the Chamber of Commerce included a beer garden as a component of the event. It is also important to note that during certain City events held at the High Street Arts Center (HSAC), such as the Moorpark Has Talent show, the Moorpark Foundation for the Arts (Foundation) sells alcoholic beverages through their concession stand. The Foundation also typically operates their concession stand during outside uses of the HSAC. The sale and consumption of alcoholic beverages at the Multicultural Arts Festival was contained within the courtyard and parking lot of the property at 33 High Street. The area was well managed by volunteers and although participation was relatively low, it was well received by the patrons that participated. There were not any concerns from the Ventura County Sheriff’s Department, or concerns from adjacent businesses or residential homes. It should be noted that prior to the event staff discussed this idea with Moorpark’s prior Police Captain and was informed that there were few concerns regarding this use at this location. As noted in the April, 2018 staff report, the City Council has requested that staff bring back a report on the use of alcohol at City Parks and other City owned properties for their consideration. A necessary component of this process involves revisions to the rental rules in order to allow the consumption of alcoholic beverages at other rentable City properties, such as the Arroyo Vista Recreation Center, Arroyo Vista Community Park, and other parks and City owned properties. However, in order for the rules to be revised and implemented, Section 12.16.060 of the MMC must be revised to remove the restriction of alcoholic beverages to the community center only. This revision simply involves removing the words “within the city community center building” from Section 12.16.060, as shown in the attached draft Ordinance. Staff is in the process of finalizing the rental rules that will govern the issuance of rental permits, including those for which alcohol will be allowed. The intent of the rules will be to allow consumption of alcoholic beverages at rentals inside the Arroyo Vista Recreation Center (similar to what is currently allowed at the Moorpark Community Center), and to allow the consumption of alcoholic beverages in certain City parks for various types of rentals, such as for non-profit community events or City events. The rules will detail the circumstances under which alcohol will be permitted, as well as the standard conditions applied to rental permits that include the consumption of alcohol. These rules will be presented to the Parks and Recreation Commission in August, and the City Council at the September 4, 2019 meeting. If the City Council approves the 98 Honorable City Council 07/17/2019 Regular Meeting Page 3 changes to the rental rules, staff will schedule the second reading and adoption of the attached Ordinance revising the MMC at the September, 18, 2019 City Council Meeting. ENVIRONMENTAL DETERMINATION The Community Development Director has reviewed the contents of this Ordinance and determined that adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) by the general rule that CEQA only applies to projects that may have a significant effect on the environment. FISCAL IMPACT No fiscal impact with the introduction of this ordinance. Proposed change would potentially improve rental fees due to increased rental activity. STAFF RECOMMENDATION Introduce Ordinance No. ___ for first reading, waive full reading, and place this ordinance on the agenda for the September 18, 2019 meeting, for purposes of providing second reading and adoption of the ordinance. Attachment: Draft Ordinance 99 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, REPLACING IN ITS ENTIRETY SECTION 12.16.060 OF CHAPTER 12.16 (PARKS AND OPEN SPACE) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE MOORPARK MUNICIPAL CODE, AND MAKING A DETERMINATION UNDER CEQA WHEREAS, Chapter 9.20 (Alcoholic Beverages) prohibits the consumption or possession of alcoholic beverages in any public place or city owned property, except when permitted by Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code; and WHEREAS, the City Council has determined that Section 12.16.060 (Alcoholic beverages prohibited) of Chapter 12.16 (Parks and Open Space) of Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code should be revised; and WHEREAS, the Community Development Director has reviewed the contents of this Ordinance and determined that adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed the Community Development Director’s determination that this Ordinance is exempt from CEQA and concurs that the Ordinance does not have the possibility of having a significant effect on the environment and is therefore exempt from CEQA. SECTION 2. Section 12.16.060 of Chapter 12.16 of Title 12 of the Moorpark Municipal Code is hereby replaced in its entirety to read as follows: “12.16.060 Alcoholic beverages prohibited. No person shall consume any alcoholic beverages in any park or open space, except as permitted with the issuance of appropriate city permits.” SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. ATTACHMENT 100 Ordinance No.____ Page 2 SECTION 4. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 17th day of July, 2019. ______________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk 101