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Adopt 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
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Published Notice Required? Yes ___ No _X_
Public Hearing Required? Yes ___ No _X_
DEPARTMENTAL RECOMMENDATION:
The Agricultural Commissioner recommends the Board of Supervisors adopt 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:
The proposed 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, was introduced at the regular meeting of the Board of Supervisors on May 7, 2024 and approved by a vote of (5-0).
Adoption of the ordinance repealing section 2.2-60 and amending section 10-15 will eliminate the rarely used ad hoc Agricultural Grievance Committee (“Committee”) and remove reference to the Committee in section 10-15. These actions will streamline agricultural nuisance enforcement proceedings in Chapter 10 and further protect agricultural operations from nuisance complaints under right to farm provisions of County Code section 2.2-30.
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 Committee has only convened once since establishment of this provision.
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 adopt 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:
None.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION