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800 Agenda Date:May 6,2003 Agenda Item No.57 of seventy—five(75). The poultry facility has adopted a twice weekly manure clean out and removal regime which has proved beneficial in reducing adult domestic flies as indicated by the low weekly fly spot card counts.The ranch has generally operated in a satisfactory manner during this time period. The Department however continues to receive sporadic complaints from the surrounding community about this facility.The nature of the calls has shifted from complaints about excessive flies to complaints about excessive odor.The increased odor complaints coincide with the ranch's operational move to twice weekly manure clean out and removal.The Regional Air Quality Management Board has been consulted on this issue and has indicated that this commercial poultry operation would fall under its agricultural exemption. The Department,owner,and operator have met or corresponded electronically to discuss the submission of an updated Manure and Vector Management Plan(MVMP)based upon the newly developed work sheet/check list/questionnaire (Attachment A)and the acceptance and sign—off of a proposed Compliance Agreement between the owner and operator of the commercial poultry facility(Attachment B). As of April 1,2003 an updated MVMP was provided by Olivera Foods for review.After review of the MVMP it was returned to Olivera Foods for resubmission as it was incomplete and/or lacking in scope or detail.The owners and operators have declined to sign the Compliance Agreement although it has been accepted in principle and language. County Counsel has been urging the owners,Certified Egg/Olsen Farms and the legal counsel for the operator,Olivera Foods,to sign the Compliance Agreement.Counsel for the operator refuses to have his client sign the Compliance Agreement until the MVMP has been finalized and signed by all parties. The Department continues to work in good faith to facilitate sign off of all documents. The Department will continue to inspect the commercial poultry facility to ensure that the ranch is operating consistent with accepted standards and practices for the commercial poultry industry. CONSEQUENCES OF NEGATIVE ACTION The Board will not be informed in a timely manner and will not have background information to assist in formulating an informed response in the event the commercial poultry ranch is issued a preliminary finding of a public nuisance. STEPS FOLLOWING APPROVAL No action is being requested of the Clerk of the Board. ATTACHMENTS • (Transmittal submitted on Apr 23, 2003 1:40:51 PM — PDF Version) • Attachment Al: First Quarter 2003 Ranch Inspection Reports (Miscellaneous) Board of Supervisors:Donald F.Gage,Blanca Alvarado,Pete McHugh,Jim Beall,Liz Kniss Acting County Executive:Peter Kutr s Jr. 3