Should Changes Be Made to the Alternative Owner Builder Ordinance? Supes Set to Talk About This Tomorrow

The Board of Supervisors’ meeting for Tuesday, October 18th will get started promptly at 9 o’clock while the coffee is still percolating. This week, your Board of Supervisors is poised to cover several issues of public interest, and receive department reports updating the Supes as usual.  Below is a breakdown of the agenda for the meeting, including a discussion expecting public comment on a possible adjustment to the county’s building and planning code for rural property owners. 

With a quick read of our Board of Supes rundown, you can see what’s going down, and speak your mind during public comment period.  

CONSENT CALENDAR: 

First thing you should know is that the Consent Calendar is normally approved without much discussion, and items on it are considered somewhat of a forgone conclusion, passed by the Supervisors in a single motion with a majority vote.  If an item listed in the Consent Calendar is “pulled” by any member of the Board, that particular agenda item will be discussed and voted on separately from the Consent Calendar.  Those changes to the Board’s agenda are to be noted by the Chair at the top of the meeting, before getting into the day’s slated topics.  

Looking at the consent calendar for the Supes’ meeting Tuesday October 18th, and honing in on what may be of interest or of public concern, there are 28 items on the consent calendar, all but a handful are regarded as informational reports from various county departments, recapping a plethora of local issues.  

As part of the Consent Agenda, 28 items are listed in total, only one of those is a matter related to an Ordinance, and expecting public comment. Listed first on our Consent Calendar highlights below, this agenda item relates to “Owner-Built Rural Dwelling Regulations For Alternative Owner Builders,” Humboldt County Code. 

Some of the more interesting Consent Calendar items include the following: 

• Discussion: Should Changes be Made to the Alternative Owner Builder (AOB) Ordinance, a report from the Planning and Building Department – posing a number of suggested alterations.  

The policy may be altered because, according to the staff report provided for the Supes to review, “The AOB Program was created to encourage people building their own homes to obtain building permits. The unintended consequence with the flexibility of the current ordinance is that the program provides avenues for people building any size home to obtain permits with less cost and fewer inspections, and it provides opportunities for abuse. Recently the county has seen some very large homes constructed under the AOB Program.” 

According to the staff report on this topic, the ordinance is possibly being revised to better address safety among “non-traditional” structures around the county. The current regulations in place, according to the staff report, are drafted “to provide flexibility and reduced permitting cost to owner/builders,” and note that the AOB Ordinance “requires only one inspection (usually completed at the end of a project) unless there are significant reasons to perform additional inspections, a longer time frame in which to complete the work on the permit (5 years) and allows use of nontraditional building materials and methods.” 

The staff report on this matter reads in part, “The question to the Board of Supervisors is whether to take action to modify the AOB Program to align it with the intentions of the General Plan, which are to encourage more affordable housing and to provide mechanisms to permit housing under the Safe Homes Program.”  It then lists several “optional actions” for the Board of Supervisors to consider, as articulated in the staff report as follows: 

“1. Small Homes and Safe Homes. Modify the AOB Ordinance to set a limit to the size of home that can be permitted under AOB. This action could set a limit on house size and could continue to apply to homes that qualify for the Safe Homes Program. 

2. Inspections. Modify the Safe Homes Program to require more inspections. Some important inspections include: • Temporary Electric • Setback inspection (prior to concrete placement) • Structural as required from a soils report • Underfloor-plumbing, mechanical • Rough plumbing, mechanical (prior to closure) • Rough electrical (prior to closure) • Bedroom egress windows • Gas line test • State Responsibility Area requirements • AOB fire water requirements • Final plumbing • Final mechanical • Final electric • AOB final
3. Do Away with AOB for new construction. This would retain the AOB provisions only for use in the Safe Homes Program. 
4. Moratorium on AOB permits. This action could come in a variety of forms. It could be a moratorium on larger homes, or temporary until the AOB ordinance is modified; or applied just on larger homes. 
5. Eliminate AOB permits entirely. This would require all building permits to be compliant with the existing building codes.”  

According to the attached Humboldt County Code, “‘Rural’ or ‘rural area,’ for the purposes of this chapter, also includes any area which is within a community services district or sphere of influence which is located beyond the reasonably projected availability of water or sewer services, and which is zoned to permit residential use either as a principal use or with a conditional use permit.”  

• Vacancies on Humboldt County Board of Supervisors Appointed Boards, Committees and Commissions
• Appointment of Lisa Leon to the Humboldt County Housing Authority Commission
• Murray Field Fuel Tank Engineering contract with SHN 
• Domestic and Intimate Partner Violence Awareness Month, initiated by Supervisor Michelle Bushnell
• Provision of Legal Services Related to Offshore Wind, Community Benefits and Related Issues, which requires 4 of 5 votes in favor. 
• Resolution Adopting a Recruitment and Retention Incentive Program for new hires at DHHS
• Provision of Long-Term Residential Mental Health Treatment Services for DHHS Behavioral Health 
• Establishment and Administration of an Adult Crisis Residential Treatment Center in Humboldt County
• Coastal Commission Local Coastal Program Grant Application to fund Regional Sea Level Rise Adaptation Planning.  A letter from the City of Arcata to Humboldt County Department of Planning & Building reads in part, “grant outcomes will include regional sea level rise policy collaboration; regional adaptation project impact assessment and planning; and regional collaboration on implementing phased adaptation.”

• Agreement with Trinity County Probation Department for Placement of Juvenile Court Wards at Humboldt County Juvenile Hall… 

There is one “Special Presentation” scheduled following the consent calendar, described as The Great California ShakeOut 2022 Proclamation, which involves testing local sirens and emergency alert systems for earthquake preparedness.  

The staff report reads, “Humboldt County Sheriff’s Office of Emergency Services will be conducting its annual county-wide Humboldt Alert test on October 20, 2022, at 10:20 a.m. In conjunction with this alert test, Humboldt County Sheriff’s Office of Emergency Services (OES) will be participating in the national ShakeOut drill and be proctoring a county-wide functional exercise simulating a breakdown in wireless communications. Emergency preparedness groups throughout Humboldt County and surrounding counties will participate in a simulated emergency communications roll call to assist in the disaster by either amateur radio or text messaging.”  

The staff report also notes that following the “communications exercise” Humboldt’s OES will “host a training and tabletop exercise for Emergency Operations Center (EOC) personnel, building competency in EOC tasks and preparing staff for future emergency activations.” 

MATTERS SET FOR TIME CERTAIN: 

Sometimes, certain items can be pre-scheduled by the Board and the County Administrative Officer to be addressed at the meeting at a designated time.  This week, at 9:05 a.m. sharp, following the consent calendar, which usually gets passed before any of the Supes have even gotten to the bottom of their first cup o’ joe, the board plans to discuss the “appointment of 2023 Delegate and Alternate to Rural County Representatives of California (RCRC) Board of Directors, Golden State Finance Authority (GSFA), and Golden State Connect Authority (GSCA).”  

Then, 4 items listed as Closed Session matters are scheduled at 9:30 a.m., although there is more time allotted for those following the rest of the agenda, and the public comment period in the afternoon. 

CLOSED SESSION: 

Scheduled for 9:30 in the morning unless decided otherwise at the start of the meeting, the Board’s October 18th Closed Session agenda reflects 4 items to be handled behind closed doors in “Conference with Legal Counsel” as follows: 

• County Counsel – Closed Session Conference with Legal Counsel to discuss existing litigation in the case of Corrine Morgan and Doug Thomas, et al. v. County of Humboldt
• Conference with Legal Counsel to discuss existing litigation in the case of White Circle Commerce, LLC, et al. v. County of Humboldt
• Conference with Legal Counsel to discuss existing litigation in the case of A.K. v. County of Humboldt

Scheduled for 11:30 a.m. is a fourth Closed Session item:

• 11:30 a.m. Conference with Labor Negotiator: per the Supes’ agenda, “It is the intention of the Board of Supervisors to meet in closed session to review the County’s position and instruct its designated labor negotiator.”  

In Closed Session, while the Board is not at liberty to include the public in the meeting, the outcome of closed session meetings are to be announced in open session for the public’s awareness following decisions by the board. 

PUBLIC HEARINGS & PUBLIC COMMENT:  

 Public Comment on Non-Agenda items is scheduled for after consent Although with the time certain closed sessions may put it to 11ish 1:30 p.m., according to the agenda. Otherwise, a member of the public may comment on a particular topic following that agenda item being discussed.  

Important matters specifically intended for mass consumption, otherwise known as Public Hearings, were not listed this week on the agenda – although any matter listed on the consent calendar can be ‘pulled’ for discussion by any of the Supes at the start of the meeting. 

As expected with public hearing agenda items, the boilerplate statement and staff recommendation reflected in the agenda of the meeting reads, “Open the public hearing, receive and consider the staff report, accept public comment, close the public comment period, and deliberate.” 

A FEW PRO TIPS TO KNOW BEFORE YOU CALL, ZOOM, OR APPEAR IN PERSON TO ENGAGE YOUR SUPERVISORS AS AN INFORMED CONSTITUENT 

Information provided by the Board of Supervisors 

for the public to engage with their Supervisors during the meeting: 

Email Public Comment: 

To submit public comment to the Board please email [email protected] provide your name and the agenda item number(s) on which you wish to comment. All public comment submitted after the agenda has been published will be included with the administrative record after the fact. 

Zoom Public Comment: 

When the Board of Supervisors announce the agenda item that you wish to comment on, call the conference line 720-707-2699, enter Meeting ID 892 4878 3514 and press star (*) 9 on your phone, this will raise your hand. You’ll continue to hear the Board meeting on the call.  HINT:  Turn off your tv or live stream to avoid delays. 

IMPORTANT PUBLIC COMMENT NOTE: 

When it is time for public comment on the item you want to comment on, you’ll hear a prompt that will indicate your phone is unmuted. The Board advises that you “please state your name and the agenda item number you will be commenting on” and then you will have 3 minutes to comment, unless the Board has reduced the time allowance at the start of the meeting. 

How to submit information, and receive information from the Supes: 

According to the fine print on each Board of Supervisors agenda, “Any written materials related to an item on this agenda submitted to the Board of Supervisors less than 72 hours prior to the Board meeting, and that are public records subject to the Public Records Act, are available for public inspection in the Office of the Clerk of the Board at 825 5th Street, Suite 111, Eureka (476-2384), during normal business hours. Persons wishing to file documentation on any agenda item for the official record must submit an original and nine (9) copies of each document to the Clerk of the Board of Supervisors, Room 111 of the County Courthouse, 825 5th Street in Eureka (476-2384). 

Documentation includes, but is not limited to, written correspondence, audio and video tapes, maps, photographs, and petitions. Failure to submit the required number of copies will result in the document/s not being placed in the official record. (Per Board of Supervisors’ policy adopted on March 21, 1995.) 

The Chamber is wheelchair accessible, and disabled parking is available in the lot on K Street, between Fourth and Fifth Streets. If you are a person with a disability, and you need disability-related modifications or accommodations to participate in this meeting, please contact the Clerk of the Board at (707) 476-2384, or (707) 445-7299 (fax). Requests for such modifications or accommodations must be made at least three full business days before the start of the meeting.”

Also, for community members with mobility restriction, in accordance with the Americans with Disabilities Act (ADA), if requested with 72 hours prior notice, “reasonable accommodation or modification can be made” according to the Board of Supervisors by calling the Clerk of the Board Office at 707-476-2390 or by email [email protected] or the ADA Coordinator at 844-365-0352, or by email at [email protected] .  

Also, regular meetings of the Board of Supervisors are broadcast live on Suddenlink, channel 10, and are rebroadcast on Friday at 6:30 p.m.  

Members of the public that wish to observe or participate in the Board of Supervisors meetings are encouraged to watch the hybrid meeting via live web streaming on the county’s website, or call in to the meeting during public comment time, which is usually limited to a standard three minutes per topic per commenter – in person or by phone or zoom. 

Your Humboldt County Board of Supervisors are as follows: First District Supervisor Rex Bohn, Second District Supervisor Michelle Bushnell, Third District Supervisor Mike Wilson, Fourth District Supervisor and Board Chairperson Virginia Bass, and Fifth District Supervisor and Vice Chairperson Steve Madrone.