Some Hot Issues at the Board of Supes Today

The Board of Supervisors’ meeting for Tuesday, November 1 will get started promptly at 9 o’clock before the Halloween haze has had a chance to lift. This week, your Board of Supervisors is poised to cover several issues of public interest including an important issue to cannabis growers, and receive department reports updating the Supes as usual.  Below is a breakdown of the agenda for the meeting. With a quick read, you can see what’s going down, and speak your mind during public comment.  

From Cannabis taxation to PG&E issues in SoHum to a finding that Supervisor Michelle Bushnell violated the Board of Supervisors Code of Conduct in regards to mistreating a staffmember, we’ve got it summarized here.  

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 November 1st, and honing in on what may be of interest or of public concern, there are 14 items on the consent calendar, and 4 of those require 4 of 5 supportive votes from the Supes.  

There are some contentious topics to be covered, and so we have briefly assessed the agenda to highlight what community members have expressed an interest in, for your civic engagement and perhaps even for your personal enjoyment.  Some of the more interesting Consent Calendar items include the following: 

• Approval of and Authorization from the Board of Supervisors for the Assessor to Sign a Joint Powers Agreement with other California Counties in Order to Receive, Manage and Expend up to $30,000,000 of State Funds for Technology Improvements for County Assessor Departments – a 4/5 Vote Required 
• Notice of Vacancy on the Shelter Cove Resort Improvement District
• Full Time Program Manager in the County Administrative Office (CAO) and Supplemental Budget – a 4/5 Vote Required
• Extension of Extra-Help Hours for the Cannabis Services , which would approve “the extension of extra help hours for Office Assistant I, James Davidson, to a maximum of 1,920 hours through June 30, 2023” – a 4/5 Vote Required
• Telecommunications Vault Lease Agreement with the State of California Regarding Use of the Shelter Cove Telecommunications Site and Supplemental Budget – a 4/5 Vote Required
• Subcontract with Advocates for Human Potential, Inc. Regarding Implementation of the Behavioral Health Mobile Crisis and Non-Crisis Services Project in Humboldt County
• Agreement with Tulare County for Humboldt County DHHS – Public Health – Substance Use Prevention Division to Act as the Friday Night Live (FNL) Coordinator for the Humboldt County Area
•  SN Indianola LLC Local Coastal Plan Petition and Zone Reclassification Petition
•  Bridge Preventive Maintenance Project at Six Locations in Humboldt County

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. At 9:30 a.m. sharp, promptly following the consent calendar being approved, a presentation by PG&E “related to Power Capacity in the Fortuna, Rio Dell and Garberville Areas” will take place.  “In order to inform the community, Supervisor Bushnell and Supervisor Bohn, as well as Planning Director John Ford requested that PG&E present to the full Board of Supervisors to explain the current status, who/where is impacted, how PG&E arrived here, and how PG&E will address this issue,” states the staff report. 

This presentation scheduled following the consent calendar, plans to receive several reports from various county officials, including from Humboldt County Planning Director John Ford, Fortuna City Manager Merritt Perry, Rio Dell Planning Director Kevin Caldwell, and from PG&E related to power capacity in Fortuna, Rio Dell and Garberville areas.

The staff report reads in part, “PG&E identified areas in Fortuna, Rio Dell, and the Garberville areas that had, or nearly had, reached capacity for further development. PG&E shared that the transmission, substation, and distribution line work required to address the issue would take 7-plus years to complete in some cases.”  Supervisors Bushnell and Bohn, “as well as Planning Director John Ford requested that PG&E present to the full Board of Supervisors to explain the current status, who/where is impacted, how PG&E arrived here, and how PG&E will address this issue,” reads the staff report.   

Planning to be available are representatives from PG&E, including the Regional Vice President Samantha Kuks, as well as PG&E’s Service Planning and Design Manager, Carl Schoenhofer, their Regional Senior Manager, Satvir Nagra, and a few other important executives from PG&E who will be pressed to explain the lack of power to some remote areas of the county. These representatives of the power-wielding electric company will “present PG&E’s load forecasting and planning process, new business process, Humboldt County customer impacts, updated timelines, engineering and construction mitigations developed since August, and communication moving forward” during tomorrow’s meeting with Supes.   

DEPARTMENT REPORTS:

First, from the County Administrative Office, “[P]ossible Board Action on Cannabis Excise Tax Reduction Program,” which provides an update on the Cannabis Excise Tax Reduction program. The staff report reads in part, “Due to applied penalties to first installment payments, the total taxes billed have increased since last update resulting in a $1 million increase in taxes collected, but only $700,000 decreased in amount owed. The Board extended the second installment payment due date to Sept. 15, 2022, without penalty.”  

According to the attached staff recommendations, it “is not recommending an aggressive enforcement program to collect the past due taxes, but a process to close accounts and stop assessing taxes on businesses that are no longer operating is needed.” 

Drawing comparisons to Paris Fashion Week, and the revenue possible from a large-scale socal event that would bring in cannabis business money, the staff report explains that more can be done to capitalize on Humboldt’s green gold. 

“As part of this ongoing effort to support the cannabis industry, Humboldt County’s Economic Development Division has also received feedback from cannabis partners who have expressed concerns that the county’s Project Trellis Equity program is limited by state requirement to only those who meet specified income criteria. These same stakeholders have expressed a desire to see Project Trellis evolve from a program focused on cultivation and commodity market strategies, to that of supporting a cannabis economy which is rooted in craft and boutique cannabis products, cannabis tourism, cannabis business education and cannabis community events such as festivals, high-value cultivar auctions, strain licensing events or public genetics sales. 

Such events and activities could be modeled after concepts similar to Fashion Week in New York, or Beaujolais Nouveau in France, which are renown internationally and drive tourism and economic benefits for their communities. For comparison, the 2018 Emerald Cup hosted approximately fourteen thousand (14,000) participants in Santa Rosa, California.” 

The lengthy staff report submitted to the Supes states, “Based on an independent economic impact report commissioned by the event organizers the economic impacts of the 2018 Emerald Cup were identified as follows: Approximately $17 million was infused into Sonoma County; The event supported more than 200 jobs and 271 local vendors; Nearly 7,000 of the event’s 14,027 attendees stayed at hotels or private home rentals; Event producers spent between $40,000 and $125,000 on rental space; The City of Santa Rosa received more than $45,000 from sales tax and registration fees from the event, despite being held on a rainy weekend in December. Cannabis tourism, events and auctions (or genetics sales) can provide revenue and marketing opportunities for more than just cultivators and can create benefits for a multitude of Humboldt-based cannabis businesses, including, without limitation, farms, nurseries, breeders, retail, distribution and cannabis tourism companies.” 

As for the financial impact regarding this item, “in Tax Year 2022 billed Cannabis Excise taxes has reduced billed taxes by $16.4 million,” noting that the taxes due collection rate based on Tax Year 2021 was 59% or $11.6 million. The staff report says, so far, “46% of Tax Year 2022 reduced rate billed taxes have been collected. Should the Tax Year 2022 taxes reach the collections of Tax Year 2021, it is anticipated that the County of Humboldt will collect approximately $450,000 more for a total collection of $1.9 million. This is a $9.7 million reduction in tax collections over the previous year.” 

Next, a matter  from the Human Resources Department, “Sustained Finding of Violation of the Board of Supervisors Code of Conduct” regarding Bushnell’s handling of a personnel issue. The staff report reads, “Receive, file and discuss the attached summary of a sustained finding of violation of the Board of Supervisors Code of Conduct as required.”

Describing the findings substantiated after reviewing the incident, HR wrote, “While the conduct of the Planning Department staff member during the meeting in question played a large role in provoking Bushnell and created an awkward and hostile tone for the meeting, Bushnell’s reaction to the employee was not representative of model conduct for an elected official. Bushnell reacted combatively to the employee, which escalated the tension at the meeting to the point where Bushnell left the room. To Bushnell’s credit, she admitted during her interview that her conduct was inappropriate and took full responsibility for her actions. Nevertheless, such conduct was unbecoming for an elected official and violated the Code of Conduct in at least two respects.” 

As explained in the staff report from HR, “The Director of Human Resources subsequently initiated an investigation with a neutral third-party investigator. The investigator completed the investigation and determined that there was one sustained finding. This sustained finding is summarized in the document attached to this report. A “Sustained” finding indicates that the investigation established that, more likely than not, the allegation is true.” 

PUBLIC HEARINGS & PUBLIC COMMENT:  

Public Comment on Non-Agenda items is set following the consent calendar, but prior to the Public Hearings, 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, include Public Hearing on the Wireless Telecommunications Facilities Ordinance (Record # PLN-2021-17452)  – to address “eight amendments to the Zoning Regulations for both Coastal and Inland areas of the unincorporated county to add a Wireless Telecommunications Facilities Ordinance.” 

According to the extensive staff report for this matter, “This ordinance seeks to clarify the regulatory framework for telecommunications facilities, to streamline review and approval of new facilities in commercial and industrial zones, and to broadly encourage small cell wireless facilities in developed areas. The ordinance implements the Telecommunications Element of the General Plan which responds to a demand for a better quality of service, wider deployment of service, and future innovations such as the deployment of the next generation of wireless telecommunications facilities-small cell wireless facilities (a cornerstone of the emerging 5G network).” 

The staff report also notes, “As a relatively rural area with a dispersed population base, Humboldt County lags in its access to reliable telecommunications services compared to urban centers such as the San Francisco Bay Area. In fact, several communities including some on the Yurok Reservation are still without basic telephone services. This proposed ordinance addresses these deficiencies. The proposed ordinance creates a tiered approach to permitting which allows for a streamlined process for those proposed facilities that would have relatively few impacts (Tier 1), and a more robust, discretionary process for those projects that would be more likely to have impacts on aesthetic values, resource lands and residential uses (Tier 2 and Tier 3).” 

CLOSED SESSION: 

Scheduled for 3:30 in the afternoon, this week. the Board’s Closed Session agenda reflects 3 items to be handled behind closed doors in “Conference with Legal Counsel” as follows: 

• Consider a Public Employee Performance Evaluation for the position of Agricultural Commissioner
• Friends of the Eel River v. County of Humboldt et al., Humboldt County 
• 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. 

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.