HomeMy WebLinkAboutAGENDA REPORT 2021 0217 CCSA REG ITEM 11BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of February 17, 2021
ACTION Adopted Ordinance No. 488. (Roll
Call Vote: Unanimous). BY B.Garza.
B. Consider Ordinance No. 488 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 of Exemption from
the California Environmental Quality Act. Staff Recommendation: Waive full
reading, declare Ordinance No. 488 read for the second time, and adopted as
read. (ROLL CALL VOTE REQUIRED)
Item: 11.B.
Item: 11.B.
ORDINANCE NO. 488
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:
90
Ordinance No. 488
Page 2
“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.
91
Ordinance No. 488
Page 3
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 17th day of February, 2021.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
92