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File #: 19-0182    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 2/14/2019 In control: County Counsel
On agenda: 2/26/2019 Final action:
Title: Discussion and Possible Adoption of Urgency Ordinance Establishing a Temporary Moratorium on the Cultivation of Genetically Modified Organisms Within the Unincorporated Areas of Mendocino County Pending the Study and Consideration of Land Use and Other Regulations Pertaining to Such Cultivation (Sponsor: County Counsel)
Attachments: 1. Ordinance 4425, 2. Ordinance Summary - GMO Moratorium, 3. Ordinance - GMO Moratorium, 4. Affadavit of Publication, 5. 02-25-19 Nelson Correospondence, 6. 02-25-19 O'Neill Correspondence, 7. 02-26-19 Farm Bureau Correspondence

 

To:  Board of Supervisors

FromCounty Counsel

Meeting DateFebruary 26, 2019

 

Department Contact:  

Matthew Kiedrowski

Phone: 

234-6885

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 30 minutes

 

 

Agenda Title:

title

Discussion and Possible Adoption of Urgency Ordinance Establishing a Temporary Moratorium on the Cultivation of Genetically Modified Organisms Within the Unincorporated Areas of Mendocino County Pending the Study and Consideration of Land Use and Other Regulations Pertaining to Such Cultivation

(Sponsor: County Counsel)

End

 

Recommended Action/Motion:

recommendation

Adopt Urgency Ordinance establishing a temporary moratorium on the cultivation of genetically modified organisms within the unincorporated areas of Mendocino County pending the study and consideration of land use and other regulations pertaining to such cultivation; and authorize Chair to sign same.

En

End

 

Previous Board/Board Committee Actions:

On February 5, 2019, the Board of Supervisors directed staff to prepare an ordinance establishing a moratorium on the cultivation of genetically modified organisms.  In March 2004, Measure H-2004 - which was to protect the County's agriculture, environment, economy, and private property from genetic pollution by genetically modified organisms, passed by the people of Mendocino County.  This Measure was codified as Chapter 10A.15 - Prohibition on the Propagation, Cultivation, Raising and Growing of Genetically Modified Organisms in Mendocino County.  Further, on April 4, 2004, the Board of Supervisors adopted Resolution No. 04-043 urging the Federal Government to require truth in source-labeling for foodstuffs containing GMOs produced in the United States of America and on June 15, 2004, adopted Resolution No. 04-102 urging the Federal Government to institute a moratorium on the planting in the environment of new genetically engineered crops.

 

Summary of Request

As discussed at the Board of Supervisors meeting on February 5, 2019, there are many concerns that the existing GMO ban adopted by passage of Measure H might not cover new genetic modification technologies.  The will of the people of Mendocino County is to have an effective ban on GMOs. 

 

Direction was given to legal counsel to prepare a new moratorium on the cultivation of GMOs within the unincorporated areas of Mendocino County.  The proposed ordinance references statements made in 2004 in support of Measure H that show the concern of the voters was protecting the County from genetically modified organisms in general, and these concerns would apply equally to newer techniques that create genetically modified organisms. 

 

The moratorium includes an expanded definition of “genetically modified organism.” Part of the purpose of the moratorium is to give staff sufficient time to ensure that the final ordinance contains the most appropriate definition of the term, as well as creating an ordinance that includes the relevant procedures for enforcing the ordinance.


The proposed ordinance is exempt from CEQA review for various reasons, as set forth in the ordinance.  If the Board adopts the Ordinance, staff will file a Notice of Exemption.

 

Alternative Action/Motion:

Provide alternative direction.                     

 

Supervisorial District:  All

                                          

vote requirement:  4/5ths

 

 

 

Supplemental Information Available Online At:

 

 

Fiscal Details:

source of funding: n/a

budgeted in current f/y: N/A

current f/y cost: n/a

if no, please describe:

annual recurring cost: n/a

revenue agreement: N/A

 budget clarification: n/a

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Executive Office

 

 

CEO Review: Yes 

 

 

CEO Comments:

FOR COB USE ONLY

Executed By: Meribeth Dermond, Deputy Clerk II

Final Status:Adopted

Date: February 27, 2019

Executed Item Number: Ordinance   Item Number: 4425