HomeMy WebLinkAboutAGENDA REPORT 2021 0203 CCSA REG ITEM 09DCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 3, 2021
ACTION Introduced Ordinance No. 488 For
First Reading. (Roll Call Vote: Unanimous)
BY B.Garza.
D. Consider an Ordinance Amending Chapter 12.16 (Parks and Open Space) of
Title 12 (Streets, Sidewalks and Public Places) of the Moorpark Municipal Code
to Change the Title of Chapter 12.16 to “Parks, Open Space and Civic Center”
and a New Section 12.16.230 be Added to Close the Civic Center Grounds
During Certain Nighttime Hours, and Determining that this Action is Exempt from
the California Environmental Quality Act. Staff Recommendation: Introduce
Ordinance No. 488 for first reading, waive full reading, and place this ordinance
on the agenda for the February 17, 2021, meeting for purposes of providing
second reading and adoption of the ordinance. (Staff: Troy Brown) (ROLL
CALL VOTE REQUIRED)
Item: 9.D.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Troy Brown, City Manager
DATE: 02/03/2021 Regular Meeting
SUBJECT: Consider an Ordinance Amending Chapter 12.16 (Parks and Open
Space) of Title 12 (Streets, Sidewalks and Public Places) of the
Moorpark Municipal Code to Change the Title of Chapter 12.16 to
“Parks, Open Space and Civic Center” and a New Section 12.16.230
be Added to Close the Civic Center Grounds During Certain
Nighttime Hours, and Determining that this Action is Exempt from
the California Environmental Quality Act
SUMMARY
The City Council is being asked to consider amending the Moorpark Municipal Code
(MMC) to establish Hours of Operation for the Civic Center. Hours of Operation for City
Facilities were previously adopted by the City Council in 2016 as part of a review of the
rules governing the use of Parks and Open Space. Prior to the 2016 revision to these
rules, they were last amended in 2011 (Resolution No. 2011-3056). Attached to this
report is the draft Ordinance detailing the proposed revision to the MMC.
DISCUSSION
Park rules are reviewed and evaluated on a regular basis, and revised when needed to
clarify language or address issues that have arisen. Some of the prior revisions
required changes to Chapter 12.16, Parks and Open Space, and to Section 5.08.020 of
Chapter 5.08, Business Registration Permit, of the City's Municipal Code. The 2016
revision added Hours of Operation to parks, open spaces and other facilities such as
the skate park by establishing Section 12.16.020 of the MMC. That section states:
12.16.020 Hours of operation. No person shall enter or remain in any park or open
space during the hours that the park or open space is closed. Parks and open space
shall be closed from sunset to six (6:00) a.m., unless otherwise approved by city
council. The city council may by resolution approve more or less restrictive hours of
operation for a specific park and for certain facilities or structures, including restrooms,
and the amended hours of operation for the park or facility shall be indicated by
Item: 9.D.
305
Honorable City Council
02/03/2021 Regular Meeting
Page 2
appropriate signage. The city manager or designated representative may close a park
or extend the hours of operation for maintenance, for conditions which create a danger
to public health or safety, or to accommodate a city sponsored special event. The hours
of operation described above shall not apply to persons attending an authorized city-
sponsored program or city employees and city contractors engaged in the performance
of their official duties.
In prior revisions, which established rules for City Facilities, certain public facilities were
specifically identified. However, the Civic Center which includes the Development
Services trailers, Administration Building, Community Center, and Active Adult Center
were not explicitly identified in the rules. In order to provide for consistency across all
public facilities and to enhance the safety and security of the buildings on the Civic
Center campus, specific hours of operation for the Civic Center grounds need to be
added to the MMC.
It is recommended a new section 12.16.230 be added to clarify when persons can enter
the Civic Center grounds. The language in the draft ordinance has been reviewed by
the City Attorney. The proposed section reads, in its entirety as follows:
12.16.230 Nighttime closure of Civic Center grounds.
A. Between the hours of 11:00 p.m. and 6:00 a.m., no person shall
enter, remain, or be present in or upon the Moorpark civic center grounds. For
purposes of this section, the “Moorpark civic center grounds” shall mean the
property containing the Moorpark city hall, Moorpark community center,
Moorpark library, Moorpark community center park, and all grounds, parking,
landscape and other areas on the same lots or parcels of those properties which
are located at 699 through 799 Moorpark Avenue, Moorpark.
B. This section shall not apply to persons whose presence is
authorized by the City of Moorpark, is in conjunction with an activity that is
authorized or permitted by the City of Moorpark, or is in conjunction with gaining
ingress to or egress to any facility on the Moorpark civic center grounds
C. A violation of this section shall be deemed an infraction for the first
three offenses occurring within a 12-month period from the first offense. Any
violation beyond the third offense within the same 12-month period shall be
charged as a misdemeanor, unless reduced to an infraction at the discretion of
the city attorney or district attorney.”
The action before the City Council is for consideration to introduce the proposed rule
changes. The changes to the Municipal Code would become effective 30 days after
adoption by the City Council. Consideration of adoption of the Ordinance is scheduled
for the regular City Council meeting of February 17, 2021.
306
Honorable City Council
02/03/2021 Regular Meeting
Page 3
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
There is no fiscal impact associated with the adoption of the proposed ordinance.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Introduce Ordinance No. ___for first reading, waive full reading, and place this
ordinance on the agenda for the February 17, 2021, meeting for purposes of providing
second reading and adoption of the ordinance.
Attachment: Draft Ordinance No. ____ amending Moorpark Municipal Code to close
the Civic Center Grounds during certain nighttime hours
307
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 12.16 (PARKS AND
OPEN SPACE) OF TITLE 12 (STREETS, SIDEWALKS AND
PUBLIC PLACES) OF THE MOORPARK MUNICIPAL
CODE TO CHANGE THE TITLE OF CHAPTER 12.16 TO
“PARKS, OPEN SPACE AND CIVIC CENTER” AND ADD
NEW SECTION 12.16.230 TO CLOSE THE CIVIC CENTER
GROUNDS DURING CERTAIN NIGHTTIME HOURS, AND
MAKING A DETERMINATION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council has determined that Chapter 12.16 (Parks and
Open Space) of Title 12 (Streets, Sidewalks and Public Places) of the Moorpark
Municipal Code is hereby amended to change the title of Chapter 12.16 to “Parks, Open
Space and Civic Center” and the Moorpark Municipal Code should be revised
accordingly; and
WHEREAS, the City Council has determined that Section 12.16.230 (Violation
and Penalty) of Chapter 12 (Parks, Open Space and Civic Center) of Title 12 (Streets,
Sidewalks and Public Places) of the Moorpark Municipal Code is hereby renumbered as
Section 12.16.240 and a new Section 12.16.230 is added; 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. Chapter 12.16 (Parks and Open Space) of Title 12 (Streets,
Sidewalks and Public Places) of the Moorpark Municipal Code is hereby amended to
change the title of Chapter 12.16 to “Parks, Open Space and Civic Center.”
SECTION 3. Section 12.16.230 (Violation and Penalty) of Chapter 12 (Parks,
Open Space and Civic Center) of Title 12 (Streets, Sidewalks and Public Places) of the
Moorpark Municipal Code is hereby renumbered as Section 12.16.240 and a new
Section 12.16.230 is added to read as follows:
308
Ordinance No. ____
Page 2
12853-0005\2490273v2.doc
“12.16.230 Nighttime closure of Civic Center grounds.
A. Between the hours of 11:00 p.m. and 6:00 a.m., no person shall
enter, remain, or be present in or upon the Moorpark civic center grounds. For
purposes of this section, the “Moorpark civic center grounds” shall mean the
property containing the Moorpark city hall, Moorpark community center,
Moorpark library, Moorpark community center park, and all grounds, parking,
landscape and other areas on the same lots or parcels of those properties which
are located at 699 through 799 Moorpark Avenue, Moorpark.
B. This section shall not apply to persons whose presence is
authorized by the city of Moorpark, is in conjunction with an activity that is
authorized or permitted by the city of Moorpark, or is in conjunction with gaining
ingress to or egress to any facility on the Moorpark civic center grounds
C. A violation of this section shall be deemed an infraction for the first
three offenses occurring within a 12-month period from the first offense. Any
violation beyond the third offense within the same 12-month period shall be
charged as a misdemeanor, unless reduced to an infraction at the discretion of
the city attorney or district attorney.”
SECTION 4. If any section, subsection, sentence, clause, phrase, part of
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, subsection,
sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.
SECTION 5. This ordinance shall become effective thirty (30) days after its
passage and adoption by the City Council. A summary of this ordinance shall, within
fifteen (15) days after passage, be published in accordance with Section 36933 of the
Government Code of the State of California with the names of the City Councilmembers
voting for and against it.
309
Ordinance No. ____
Page 3
12853-0005\2490273v2.doc
SECTION 6. 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 written record of the passage and adoption thereof in the minutes 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 ___ day of _____________, 2021.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
310