Agenda

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Consent-General Government # 12.

Board of Supervisors

County Counsel

Meeting Date:	10/10/2017
Brief Title: AWM Review/Land Use Matters
From:	Philip J. Pogledich, County Counsel
Staff Contact:	Philip J. Pogledich, County Counsel, x8172
Supervisorial District Impact:

Subject

Adopt a policy regarding coordination between the Department of Agriculture, Weights and Measures and the Department of Community Services on projects located on agricultural land. (No general fund impact) (Pogledich)

Recommended Action

Adopt a policy regarding coordination between the Department of Agriculture, Weights and Measures and the Department of Community Services on projects located on agricultural land.

Strategic Plan Goal(s)

Operational Excellence
Sustainable Environment
Flourishing Agriculture

Reason for Recommended Action/Background

On November 3, 2015, the Board of Supervisors asked the Office of the County Counsel to assist in developing a policy that ensures the Department of Agriculture, Weights and Measures (“AWM”) has a defined, substantial role in reviewing projects within agricultural zones. The attached policy responds to this request. The two departments directly affected by the policy—AWM and the Department of Community Services (“DCS”)—took the lead in drafting. Consequently, the policy balances the interests and objectives of each department while also formalizing AWM’s role in project planning and review efforts.
Some key elements of the proposed policy are as follows:

The policy will apply to all discretionary projects reviewed by DCS, as well as to ministerial projects that require agricultural mitigation;
The policy will also apply to County infrastructure projects (roads, bridges, etc.) and to projects referred for County comment by other agencies, typically during the California Environmental Quality act (“CEQA”) process;
Referrals to the AWM will include requests for input on, among other things, agricultural operation and agricultural resource protection, agricultural land conversion, agricultural/non-agricultural interface conflicts, and water supply; and
Assigned AWM staff will attend public hearings at which a referred application is considered for approval or denial.

Cost recovery for AWM staff time is a topic of ongoing discussion between the two departments and a resolution is expected shortly. For that reason, following Board approval, the policy will take effect when AWM and DCS identify an approach to ensuring full cost recovery for AWM staff time devoted to projects that provide for the reimbursement of County costs. AWM staffing considerations will be addressed in coordination with the County Administrator’s Office.

Collaborations (including Board advisory groups and external partner agencies)

As indicated above, AWM and DCS collaborated in developing the attached policy.

Fiscal Impact

Fiscal Impact (Expenditure)
No Fiscal Impact
Total cost of recommended action:		$
Amount budgeted for expenditure:		$
Additional expenditure authority needed:		$
On-going commitment (annual cost):	$

Source of Funds for this Expenditure

Attachments
Att. A. Proposed Policy

Form Review

Inbox	Reviewed By	Date
Phil Pogledich	Phil Pogledich	10/04/2017 02:26 PM
County Counsel (Originator)	Phil Pogledich	10/05/2017 08:55 AM
Form Started By: Phil Pogledich		Started On: 10/03/2017 03:32 PM
Final Approval Date: 10/05/2017