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HomeMy WebLinkAboutAGENDA REPORT 2019 1218 REG CCSA ITEM 09BCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of December 18, 2019 ACTION Provided direction to staff on the content of the City’s letter, and authorized the Mayor to sign the letter on behalf of the City. BY B.Garza. B. Consider Official Position Letter to Ventura County Supervisors and Agricultural Commissioner Regarding Hemp Cultivation in Ventura County. Staff Recommendation: Provide direction to staff on the content of the City’s letter to the County 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: 12/18/2019 Regular Meeting SUBJECT: Consider Official Position Letter to Ventura County Supervisors and Agricultural Commissioner Regarding Hemp Cultivation in Ventura County BACKGROUND 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. The Board of Supervisors then directed County staff to prepare a report on a potential moratorium on the issuance of registrations for hemp cultivation, prepare a report and proposal on measures to mitigate the impact of odor produced by hemp cultivation, and a report on mitigation measures that may be implemented other than through the County’s planning and zoning process. Item: 9.B. 35 Honorable City Council 12/18/2019 Regular Meeting Page 2 On Wednesday, November 20, 2019, the Moorpark City Council received a presentation from the County’s Agricultural Commissioner, Ed Williams. At the conclusion of that presentation, public comment, and City Council discussion, the City Council directed City staff to prepare an agenda item that would allow the City Council to address the current and immediate threat to the public health, safety, and welfare caused by the cultivation of industrial hemp and to allow the City Council to adopt an interim ordinance prohibiting industrial hemp cultivation in the City as an urgency measure. The City Council also 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. On Wednesday, December 4, 2019, the Moorpark City Council was set to consider both an urgency ordinance establishing a 45-day moratorium on hemp cultivation within the City limits and a draft comment letter from the City to the Ventura County Board of Supervisors relaying the City’s concerns to the County. However, the urgency ordinance required an affirmative vote of four members of the City Council, and only three members of the City Council were in attendance. Therefore, the City Council continued the two hemp-related agenda items to the December 18, 2019 City Council meeting. On Tuesday, December 10, 2019, the Ventura County Board of Supervisors considered County staff’s report regarding a potential moratorium on the issuance of registrations for hemp cultivation and measures to mitigate the impact of odor produced by hemp cultivation. City staff attended the hearing and delivered a letter of support for the moratorium carrying the Mayor’s signature, authorized under the City’s Legislative Platform. Following public comment and Board discussion, the Board directed County staff to prepare an urgency ordinance to establish a 45-day moratorium on outdoor hemp cultivation within a one-half mile of city limits for the Board’s consideration at its January 14, 2020 meeting. Such a buffer, shown below, would effectively prohibit hemp farming within the Tierra Rejada Valley adjacent to Moorpark. 36 Honorable City Council 12/18/2019 Regular Meeting Page 3 The Board further directed County staff to prepare a non-urgency ordinance establishing a limited planting window and exemptions to the buffers and planting window limitations for hemp cultivation and greenhouse filtration standards for hemp cultivation. The non- urgency ordinance is not expected to be ready for Board consideration by the Board’s January 14, 2020 meeting, but is expected sometime in early 2020. DISCUSSION As directed by the City Council, staff has prepared a draft letter (Attachment 1) for the City to relay its concerns and comments to the Board of Supervisors related to hemp regulations. The letter contains staff’s recommendations for comments in the letter, following the Board of Supervisors direction at its December 10, 2019 meeting. In addition to establishing the critical nature of the hemp issues, the letter includes the following action items: a. Support for the 45-day moratorium on outdoor hemp cultivation registrations within a half-mile of the corporate limits of all Ventura County cities. b. Support for making the half-mile buffer permanent beyond the 45 days when the County adopts its permanent regulations for hemp cultivation. c. Support for establishing a limited window of time during which new hemp plantings would be allowed, as recommended by the Ventura County Agricultural Commissioner. d. Support for exemptions if the cultivation occurs within a greenhouse enclosure equipped with filtration equipment designed to prevent odor escape, subject to the approval of the Ventura County Agricultural Commissioner. e. Request that the Board of Supervisors direct staff to pre-schedule Board review of these provisions within four months of the conclusion of the planting window, such that the effectiveness of items b, c, and d may be evaluated and, if insufficiently effective in preventing odor, be amended prior to the next planting window. Staff is currently seeking direction from the City Council regarding the contents of the City’s letter to the County, and the City Council may direct changes to the draft letter provided as Attachment 1. FISCAL IMPACT There is no fiscal impact associated with this action. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. 37 Honorable City Council 12/18/2019 Regular Meeting Page 4 STAFF RECOMMENDATION Provide direction to staff on the content of the City’s letter to the County and authorize the Mayor to sign the letter on behalf of the City of Moorpark. Attachment: Draft Letter to County Board of Supervisor and Agricultural Commission 38 CITY OF MOORPARK 799 Moorpark Avenue, Moorpark, California 93021 | Phone (805) 517-6200 | Fax (805) 532-2528 OFFICE OF THE MAYOR December 18, 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 RE: Proposed County Regulations on Hemp Cultivation 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. JANICE S. PARVIN Mayor CHRIS ENEGREN Councilmember ROSEANN MIKOS, Ph.D. Councilmember DAVID POLLOCK Councilmember KEN SIMONS Councilmember 39 ATTACHMENT Proposed County Regulations on Hemp Cultivation Page 2 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 immediate action to address this matter. Based on the direction of the Board of Supervisors to County Counsel and the Agricultural Commissioner at the December 10, 2019 Board of Supervisors meeting, the City of Moorpark provides the following feedback: 1) Support for the 45-day moratorium on outdoor hemp cultivation registrations within a half-mile of the corporate limits of all Ventura County cities. 2) Support for making the half-mile buffer permanent beyond the 45 days when the County adopts its permanent regulations for hemp cultivation. 3) Support for establishing a limited window of time during which new hemp plantings would be allowed, as recommended by the Ventura County Agricultural Commissioner. 4) Support for exemptions if the cultivation occurs within a greenhouse enclosure equipped with filtration equipment designed to prevent odor escape, subject to the approval of the Ventura County Agricultural Commissioner. 5) Request that the Board of Supervisors direct staff to pre-schedule Board review of these provisions within four months of the conclusion of the planting window, such that the effectiveness of items 2, 3, and 4 may be evaluated and, if insufficiently effective in preventing odor, be amended prior to the next planting window. This last item is critical because it is unknown whether these proposed mitigations are sufficient to have the intended benefits. As the Board discussed during its deliberations at its December 10 meeting, it will not be possible to know until the County tries out a new regulatory approach. While we are all hopeful that these will succeed, the County should plan ahead to measure the level of success and adjust regulations further if needed. 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 40