DATE: December 3, 2024
TO: Board of Supervisors
SUBMITTED BY: Paul Nerland, County Administrative Officer/Emergency Services Director
SUBJECT: Termination of the existence of a Local Emergency - Beet Leafhopper Insect in Fresno County
RECOMMENDED ACTION(S):
TITLE
Adopt Resolution (a) terminating the local emergency as of August 17, 2024, which was proclaimed by the Emergency Services Director on April 17, 2024, and ratified by the Board of Supervisors (Board) on April 23, 2024, and further continued by the Board on June 18, 2024, which actions authorized the Agricultural Commissioner to allow commercial growers to use neonicotinoid pesticides on an emergency basis on tomato crops to combat the Beet Leafhopper insect in Fresno County, and (b) ordering that a copy of this Resolution be forwarded by the County Administrative Office to the State Director of the Office of Emergency Services.
REPORT
Approval of the recommended action will terminate the local emergency status in Fresno County related to the Beet Leafhopper (BLH) insect.
ALTERNATIVE ACTION(S):
No viable alternatives to the recommended action have been identified.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
DISCUSSION:
California Government Code (GC), section (§) 8630 authorizes proclamation of a local emergency by your Board or by an official so designated by ordinance when your Board is not in session and cannot immediately be called into session. Fresno County Ordinance Code, Chapter 2.44, designates the County Administrative Officer as the Emergency Services Director.
Pursuant to GC, § 8630 and County Ordinance, Chapter 2.44, the Emergency Services Director proclaimed the existence of a local emergency on April 17, 2024, due to the imminent infestation of the BLH insect and due to the need for the Agricultural Commissioner to authorize commercial growers to use neonicotinoid pesticides on tomato crops on an emergency basis in Fresno County to combat the BLH insect to prevent tomato crop failure in Fresno County.
On April 23, 2024, your Board confirmed the proclamation of a local emergency by ratifying the proclamation and adopting Resolution No. 24-157.
GC § 8630(c) further provides that your Board shall review the need for continuing the local emergency at least once every 60 days until your Board terminates the local emergency. In this instance, the 60-day review period would have expired on June 22, 2024, unless your Board took action to extend the emergency declaration before then.
On June 18, 2024, your Board adopted resolution No. 24-208 proclaiming and further ratifying the continuation of the location emergency. In this instance the 60-day review period would have expired on August 17, 2024, unless your Board took action to extend the emergency declaration before then.
On July 23, 2024, staff learned from the Agricultural Commissioner that the emergency declaration did not need to be extended, however due to staff oversight, an agenda item to terminate the local emergency was not brought before your Board before the end of the 60-day review period on August 17, 2024.
Therefore, it is recommended that the local emergency be terminated by your Board in Fresno County. Approval of the recommended action will officially terminate the local emergency, consistent with State law which requires termination at the earliest possible date.
If approved, notice of the termination will be posted on the Department of Agriculture & Weights and Measures website.
REFERENCE MATERIAL:
BAI #30, June 18, 2024
BAI #10.1, April 23, 2024
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolution
CAO ANALYST:
Ahla Yang