title
Consider introducing an ordinance repealing section 2.2-60 and amending section 10-15 of the Solano County Code, dissolving the Agricultural Grievance Committee and clarifying the enforcement process related to agricultural grievances as a public nuisance
body
Published Notice Required? Yes ___ No _X_
Public Hearing Required? Yes ___ No _X_
DEPARTMENTAL RECOMMENDATION:
The Agricultural Commissioner recommends the Board of Supervisors:
1. Read the proposed ordinance by title only and waive further reading by majority vote;
2. Consider Introducing an ordinance repealing section 2.2-60 and amending section 10-15 of the Solano County Code, dissolving the Agricultural Grievance Committee and clarifying the enforcement process related to agricultural grievances as a public nuisance.
SUMMARY/ DISCUSSION:
County Code section 2.2-60 currently provides an informal process for the airing and mediation of grievances before the Agricultural Commissioner and if requested before an ad hoc Agricultural Grievance Committee. This committee has rarely been utilized by the County or agricultural producers because agricultural operations are protected from nuisance complaints under right to farm provisions of County Code section 2.2-30. Additionally, the formal record shows that the grievance committee has only convened once since establishment of this provision.
On April 16, 2021, the Board adopted an ordinance adding Chapter 10 to the County Code establishing new procedures relating to the abatement of public nuisances. The new procedures maintained the Agricultural Grievance Committee for public nuisances related to agricultural operations.
Per section 2.2-60, the Agricultural Grievance Committee is to be comprised of an appointee of the Solano County farm bureau; a subject matter expert appointed by the director of the University of California Cooperative Extension Service, Solano County; and an appointee of the chair of the Solano County Agricultural Advisory Committee. The Agricultural Advisory Committee was dissolved in May 2023, reducing composition of the Agricultural Grievance Committee to two members.
Staff is proposing eliminating the Agricultural Grievance Committee under section 2.2-60 and streamline enforcement proceedings in Chapter 10.
At a meeting held on March 19, 2024, the Land Use and Transportation Committee was made aware of the above and recommended section 2.2-60 be repealed and section 10-15 be amended to remove reference to the Agricultural Grievance Committee.
FINANCIAL IMPACT:
The costs associated with preparing the agenda item are nominal and absorbed by the Department’s FY2023/24 Working Budget.
ALTERNATIVES:
The Board could choose not to introduce the proposed ordinance and instead may choose to limit composition of the Agricultural Grievance Committee to two members, designate a replacement for the Agricultural Advisory Committee appointee, or dissolve the Agricultural Grievance Committee and designate the Agricultural Commissioner to investigate agricultural nuisance complaints; however, these alternatives are not recommend since the proposed ordinance streamlines and simplifies the enforcement proceedings in Chapter 10.
OTHER AGENCY INVOLVEMENT:
The County Administrator’s Office and County Counsel have reviewed this item and concur with the recommended action.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION