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  Regular-General Government   #   32.    
Board of Supervisors County Administrator  
Meeting Date: 11/17/2020  
Brief Title:    Industrial Hemp Ordinance
From: Mindi Nunes, Assistant County Administrator, County Administrator's Office
Staff Contact: Eric Will, Management Analyst, County Administrator's Office, x8157

Subject
Introduce by title only, waive first reading, and receive public comment on a proposed ordinance amending existing restrictions on industrial hemp cultivation, manufacturing, processing, storage, and related activities, and continue the ordinance to the December 15, 2020 Board of Supervisors meeting for a second reading and adoption, or introduce by title only, waive first reading, and receive public comment on a proposed ordinance banning industrial hemp cultivation, manufacturing, processing, storage, and related activities (excepting exemptions adopted previously), and continue the ordinance to the December 15, 2020 Board of Supervisors meeting for a second reading and adoption. (No general fund impact) (Nunes/Will)
Recommended Action
  1. Introduce by title only, waive first reading, and receive public comment on a proposed ordinance amending existing restrictions on industrial hemp cultivation, manufacturing, processing, storage, and related activities, and continue the ordinance to the December 15, 2020 Board of Supervisors meeting for a second reading and adoption*; and
     
  2. Introduce by title only, waive first reading, and receive public comment on a proposed ordinance banning industrial hemp cultivation, manufacturing, processing, storage, and related activities (excepting exemptions adopted previously), and continue the ordinance to the December 15, 2020 Board of Supervisors meeting for a second reading and adoption.*
     
*Staff will request that the Board identify which of the two alternative ordinances should return for consideration for adoption on December 15, 2020.
Strategic Plan Goal(s)
Flourishing Agriculture
Reason for Recommended Action/Background
Background
On October 20, 2020, staff brought to the Board of Supervisors (Board) a new ordinance for consideration that contemplated amending the existing restrictions on industrial hemp to exempt a hemp pilot program throughout 2021. This ordinance and the associated hemp pilot program guidelines brought forth to the Board represented the efforts of the Industrial Hemp Working Group that has been meeting over the past ten months to discuss policy and data considerations associated with implementing a hemp pilot program in Yolo County.

Staff was directed by the Board after this last meeting to follow up on several items related to capturing adequate data throughout a pilot program, as well as inquiries associated with pesticides. Furthermore, there was an indication from the Board that industrial hemp might be contemplated only after the adoption of the Cannabis Land Use Ordinance (CLUO) to better prepare for industrial hemp within Yolo County. After contemplating these concerns, staff has identified two potential paths forward related to industrial hemp in Yolo County: The Board may choose to either ban industrial hemp or choose to adopt a similar ordinance that was first presented in October 2020 but with several changes listed out below.

Industrial Hemp Ban
If the Board chooses to ban industrial hemp through the adoption of a new ordinance, existing exemptions from prior ordinances would remain in effect, including the addition of a grandfathering date for industrial hemp storage locations existing as of February 25, 2020 and exemptions related to manufacturing, processing, and storage. If the Board chooses to initiate the ban on industrial hemp through the adoption of this ordinance, the Board may choose to later amend this ban, as needed, to allow for limited or unlimited industrial hemp activities. This option would allow the Board to allow industrial hemp at some future date in Yolo County, for example, after the adoption of the CLUO. Furthermore, as the hemp moratorium in Yolo County exists only until January 14, 2021, a ban on industrial hemp would provide an option that would effectively put in place a "holding pattern" until the Board is ready for the next steps. This could allow time for obtaining additional information from other hemp pilot programs throughout the State.  It would also allow the new Agricultural Commissioner to contemplate the next steps moving forward, once they have had time to consider program and staffing resources. An ordinance banning industrial hemp in Yolo County may be found as Attachment A of this staff report.

Adopt Pilot Program Ordinance
The Pilot Program Ordinance, if adopted, will extend existing restrictions on the foregoing activities, preserve all other elements of the County's regulatory approach (including limited exemptions), and provide for 2021 implementation of a pilot project relating to industrial hemp cultivation. The Ordinance will apply throughout the County, including within the incorporated cities to the maximum extent permitted by law. In addition to the Ordinance presented in October, a new Request for Proposals (RFP) approach is being contemplated by staff as a means of teasing out data required to facilitate a successful hemp pilot program that places responsibility on growers to demonstrate how they will monitor pollen flow, etc. Staff anticipates presenting additional information on this RFP method at the Board meeting on November 17, 2020.

An ordinance providing for a 2021 pilot program related to industrial hemp cultivation may be found as Attachment B of this staff report.  Also, a redlined version showing changes made since initial presentation of the ordinance in October is included as Attachment C.
Collaborations (including Board advisory groups and external partner agencies)
This item was developed in coordination with County Counsel, Sheriff's Office, County Administrator's Office, Agriculture Department, Community Services Department, and the hemp working group.

Fiscal Information
No Fiscal Impact
Fiscal Impact of this Expenditure
Total cost of recommended action
Amount budgeted for expenditure
Additional expenditure authority needed $0
On-going commitment (annual cost)
Source of Funds for this Expenditure
General Fund $0
Attachments
Att. A. Cultivation Ban Ordinance
Att. B. Pilot Project RFP Ordinance
Att. C. Pilot Project Ordinance-Redline
Att. D. Presentation

Form Review
Inbox Reviewed By Date
Eric Will (Originator) Eric Will 11/09/2020 01:51 PM
Dave Guerrero Dave Guerrero 11/09/2020 03:35 PM
Phil Pogledich Phil Pogledich 11/10/2020 04:26 PM
Elisa Sabatini Elisa Sabatini 11/10/2020 09:35 PM
Mindi Nunes Mindi Nunes 11/12/2020 10:11 AM
Form Started By: Eric Will Started On: 10/19/2020 08:18 PM
Final Approval Date: 11/12/2020
Level double AA conformance,
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