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Home My WebLink AboutAGENDA REPORT 2019 1204 REG CCSA ITEM 09BCITY OF MOORPARK,  CALIFORNIA City Council Meeting of December 04, 2019 ACTION Continued to December 18, 2019. BY B.Garza. A. Consider Official Position Letter to Ventura County Supervisors and Agricultural Commissioner Regarding Hemp Cultivation in Ventura County. Staff Recommendation: Discuss and provide direction to staff on the content of the letter and authorize the Mayor to sign the letter on behalf of the City of Moorpark. (Troy Brown) Item: 9.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Troy Brown, City Manager DATE: 12/04/2019 SUBJECT: Consider Official Position Letter to Ventura County Supervisors and Agricultural Commissioner Regarding Hemp Cultivation in Ventura County Staff has prepared a letter to the Ventura County Board of Supervisors and Agricultural Commissioner Ed Williams regarding hemp cultivation in Ventura County. BACKGROUND/DISCUSSION Over the last several months, large numbers of residents have experienced offensive odors from relatively new and large-scale outdoor industrial hemp farms located in the Tierra Rejada Valley situated immediately south of the City in the unincorporated area of the County of Ventura. Dozens of residents have called City and County officials complaining of the continual skunk-like odor in their neighborhoods as terpenes from a large farm of industrial hemp grown to produce cannabidiol (CBD) oil wafts into residential neighborhoods adjacent to this hemp farm. Aside from having to experience offensive odors, many of these residents also have complained of headaches, nausea, sore throats and other physical side effects from breathing and smelling the distinctive odor generated by industrial hemp grown to produce CBD oil. On Tuesday, November 19, 2019, the Ventura County Board of Supervisors held a special meeting at the Moorpark Community Center to hear from residents who are experiencing these odors. At this meeting, a large number of residents voiced their complaints and raised a series of questions about the problems associated with industrial hemp grown near residential neighborhoods. On Wednesday, November 20, 2019, the Moorpark City Council received a presentation from the County’s Agricultural Commissioner, Ed Williams. The City Council directed staff to prepare a letter to the Board of Supervisors outlining concerns voiced by residents and Captain Fazio, who serves as Moorpark’s Chief of Police under the contract for Police Services between the City and the County of Ventura Sheriff’s Office. Item: 9.B. 16 Attached is a letter which, upon City Council approval, will be forwarded to the Ventura County Board of Supervisors and Agricultural Commission outlining the resident and public safety concerns, and urging the Board of Supervisors to ban the further issuance of permits in Ventura County pending the consideration and adoption of a regulatory framework to mitigate resident and crime impacts. FISCAL IMPACT There is no fiscal impact associated with this action. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Discuss and provide direction to staff on the content of the letter and authorize the Mayor to sign the letter on behalf of the City of Moorpark. Attachment: Letter to County Board of Supervisor and Agricultural Commission 17 Honorable City Council 12/04/2019 Regular Meeting Page 2 799 Moorpark Avenue, Moorpark, California 93021 | Phone (805) 517-6200 | Fax (805) 532-2528 OFFICE OF THE MAYOR December 4, 2019 Ventura County Board of Supervisors 800 S. Victoria Avenue Ventura, CA 93009 Ventura County Agricultural Commission Administration 555 Airport Way, Suite E Camarillo, CA 93010 Honorable Board and Commissioner: The City of Moorpark has been inundated with phone calls, emails, and inquiries from residents about the foul smell of hemp in the air. In particular, residents have voiced concerns regarding allergic reactions, headaches, and nausea associated with the strong odor of hemp which is noticeable and pervasive. In addition to health impacts identified by residents, the City has concerns with property values and crime associated with hemp cultivation. The City consulted with the County on this matter and learned that a permit had been issued to allow the cultivation of hemp in the Tierra Rejada Greenbelt area. The County Agricultural Commissioner states that the process to permit hemp in all unincorporated areas of the County is ministerial in nature. Without appropriate regulatory measures to mitigate the impacts of odor, the cultivation of hemp in proximity to urbanized areas could lead to economic and quality of life impacts for the City. A negative public perception and lack of a policy framework to regulate hemp cultivation in a manner that provides an appropriate balance for residents, businesses, and growers significantly impacts the City and creates an immediate threat to the quality of life to residents and overall economic vitality of Moorpark. The Ventura County Sheriff’s Department reports that there have been numerous arrests in theft cases associated with hemp throughout Ventura County. Of the ten subjects arrested in a variety of recent hemp cases, many have extensive criminal histories with convictions for robbery, assault with a firearm, assault with a deadly weapon, grand theft auto, drug trafficking, and other weapons charges. These arrests have all occurred within the past 40 days and are concerning on several fronts. Most concerning is that many perpetrators of these crimes are from out of the area with primary addresses in: Anaheim, Buena Park, Sunland, Chino, and Los Angeles. This indicates that criminals are traveling to Ventura County to commit crimes and theft. The lack of fencing, indiscriminate and inconsistent messaging about the lack of THC in the crops, and general confusion by citizens about what is being grown in hemp fields exacerbates criminal activity which takes officers away from more pressing health and welfare issues. 18 Honorable City Council 12/04/2019 Regular Meeting Page 3 The cultivation, processing or manufacturing of hemp is prohibited in any zoning districts within the City consistent with section 17.20 of the City’s Municipal Code which was updated in 2018. The City has significant concerns with the ongoing permitting of hemp cultivation around the City’s sphere of influence, crime, and the associated impacts on residents and businesses and we urge the County to take immediately action to address this matter. Until such a time that the County deliberates on potential policy measures to mitigate the impacts of hemp cultivation, the City urges the County to adopt a moratorium, banning the cultivation of hemp so the County and the Agricultural Commissioner can study options to protect communities against noxious and offensive odors, and the attraction of criminal elements into our area. Below are some policy considerations that could be implemented to mitigate: •Ban: The County has the authority to ban hemp cultivation in the County. Applying such a ban would minimize the continued introduction of criminal elements into our region. Many counties have already enacted bans until 2020 or 2021 including: Mendocino, Tehama, Sonoma, Yolo, Nevada, Amador, and Santa Clara. •Zoning Regulation: The establishment of appropriate setbacks of not less than 2,000 ft. from schools, churches, residences, and other sensitive receptors. Restrictions on minimum/maximum acreage can also be addressed in zoning code amendments. In addition, specific zoning districts could be created that identify locations within the County where cultivation would be permitted, without having negative impacts on neighboring communities. Ventura County has broad discretion in this area and could enact similar restrictions as Monterey County which created a pilot program in 2019 to create such zones where hemp cultivation is allowed with minimal impacts on residents and businesses. •Conditional Use Permits: Conditional Use Permits can provide additional latitude to the County Agricultural Commissioner to deny applications and require the implementation of mitigation measures to reduce the impacts of odors emanating from cultivation and require implementation of measures to minimize the potential for criminal activities. The City urges the County of Ventura to ban the cultivation of hemp, and at a minimum consider a temporary moratorium until such time that an appropriate regulatory framework is adopted by the County to achieve an appropriate balance between the rights of private citizens to farm hemp and quality of life for residents. Sincerely, Janice Parvin, Mayor City of Moorpark cc: Michael Powers, Chief Administrative Officer, County of Ventura Troy Brown, City Manager, City of Moorpark Ed Williams, Agricultural Commissioner, County of Ventura 19 Honorable City Council 12/04/2019 Regular Meeting Page 4