‘Sup With the Supes: Cannabis, Code Enforcement Needing Pepper Spray, and More

The Board of Supervisors’ meeting for Tuesday, November 29th will start at 9 o’clock, when holiday shoppers in remote hills will have to switch tabs, and put aside their online wish-list of holiday must-haves to tune in to the Supervisors’ chambers via zoom. This week, the county’s Board of Supervisors is poised to cover a swathe of touchy subjects – with several items requiring 4 of 5 votes to pass, and some agenda items noted as Public Hearings – the Supes will of course receive department reports on everything from Law enforcement issues to cannabis regulations to homelessness to Public Health and even remote wireless access.  

Below is a breakdown of the agenda for the meeting. With a quick read, you can see what’s going down, and offer your well-informed two cents to your heart’s content during public comment. 

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 29th, and scoping out what may be of interest or of public concern, there are a whopping 39 items on the consent calendar, and 33 of them are regarded as informational reports from various county departments, the other 6 are resolutions of various kinds – including the adjustment to the county’s Measure S Cannabis Tax.   

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

• A resolution in favor of offshore wind-generated power, brought  by Supervisor Wilson.
• Resolution Suspending Cultivation Year 2022 Due in Tax Year 2023 and Cultivation Year 2023 Due in Tax Year 2024 Cannabis Excise Tax and Deferring Certain Dates and Penalties:

The Resolution before the board reflects their decision November 1st of this year to eliminate the tax for a period of two years following “voluminous public comment” and recognizing at that meeting “concern regarding the viability of current cannabis cultivator businesses,” the Supes made the choice in hopes of giving the local industry a much needed reprieve.  The resolution clarifies as to already due taxes from previous years, “The second installments of the cultivation year 2020, originally due in Tax Year 2021, and the first and second installments of the cultivation year 2021, originally due in Tax Year 2022, and already reduced by 85% remain due but are not subject to penalties and interest during Tax Year 2023 and Tax Year 2024.”  

The resolution reads in part, 

“WHEREAS, the Board of Supervisors finds the cannabis industry experiencing continued unsustainably low market pricing and an inability to sell existing cannabis inventory; and 

WHEREAS, the Board of Supervisors finds that extending the temporary reduction of Measure S taxes and suspending one hundred percent (100%) of the Measure S Taxes for Tax Year 2023 and Tax Year 2024 serves a public purpose of providing needed assistance to an important County industry at this critical juncture.”

• Establish an Employee Bus Pass Program with the Humboldt Transit Authority:

The staff report for this item offers stats on number of bus rides expected, saying in part, “Of the 96 bus passes distributed to employees, 49 of the passes were used for at least one trip from Jan. 25, 2022 to Sept. 30, 2022 (36 weeks).” The pilot program had underwhelming results, according to the staff report analysis, but could have achieved greater success, said the staff report. Noting that the program could have a greater impact, it advises the Supes, “[I]f an employee rode the bus twice a day during the 5-day work week through the full span of the pilot program, the employee would have logged 360 bus trips.” This needs a 4/5 vote to pass.

• Appropriations Limits for Special Districts Governed by the Board of Supervisors and a resolution regarding the Conflict-of-Interest Code for School and Special Districts.
• Memorandum of Understanding with St. Joseph Health Northern California, LLC Regarding the Provision of Mental Health Treatment Services at Hospitals Located in Humboldt County “in an amount [of] $677,482.00 for the period of November 29, 2022 through June 30, 2025” 

According to the staff report on this consent agenda item, the agreement “will allow St. Joseph Health Northern California, LLC to hire mental health professionals to provide necessary mental health treatment services to adults and children suffering from mental illness.” 

• Governing Board Resolution for the Proposition 64 Public Health & Safety Grant Program 2023-2028 (4/5 vote required)
• Informational report on Public Health Supplemental Budget (Requires a 4/5 Vote)
•  Resolution Authorizing Application, Acceptance of the County Allocation Award under the Housing Navigators Program: 

Humboldt County applied for grant funding to bolster programs led by DHHS to address housing and public welfare concerns, according to the staff report and documents included with the agenda item.  The staff report states that with the money, “DHHS – Child Welfare Services will use such funding to support the following eligible activities, including, without limitation: Assist young adults aged 18-21 secure and maintain housing (with priority given to young adults in the state’s foster care system); Provide housing case management which include essential services in emergency supports to foster youth; Prevent young adults from becoming homeless; Improve coordination of services and linkages to key resources across the community including those from within the child welfare system and the local Continuum of Care.”

• Another Housing Funding Resolution -Made Available through the California Department of Housing and Community Development’s Transitional Housing Program
•  Code Enforcement Officer Safety (SB 296) and Pepper Spray Policy: 

Funded by the Code Enforcement Unit of the Planning and Building department, this policy item, and addresses the required safety considerations for “each local jurisdiction that employs code enforcement officers to develop safety standards appropriate” for their area. In Humboldt’s case, Pepper spray is allowed to be used by Code Enforcement Officers, and is required to be reported to supervisors. 

The staff report explains, “In cases of immediate and direct threat, the Code Enforcement Officer may use the minimum force necessary to mitigate the threat and safely leave the area. They may defend themselves until they are able to leave the scene or assistance arrives.”  Noting that it may not be possible to simply retreat from the threat, the staff report adds, “Code Enforcement Officers can find themselves confronted with individuals experiencing a mental health episode or a drug-related episode. They can also find themselves in the presence of aggressive dogs. In these types of situations, having pepper spray on their person as a self-defense tool could be the difference between being able to leave the location safely and putting their safety at heightened risk.” 

•  Security-Related Improvements Within the Juvenile Hall 
• Department of Public Works to Accept and Administer Funding from CAL FIRE (4/5 vote required)
• Accept and Administer Funding Made Available by the National Aeronautics and Space Administration (“NASA”) and Approval of the Associated Supplemental Budget (4/5 vote required) for a project entitled, “Actionable Lidar-Based Data for Wildfire Prevention Planning, Response, and Rehabilitation on California’s North Coast”

•  Resolution giving Sheriff’s Deputies liberty to drive Off-Highway Motor Vehicle Division Grant Program Calendar Year 2023.  The staff report on this agenda item states, “The OHV program has provided a Deputy Sheriff position for patrol of both the beach and dunes management area, and the beaches to the north and south where off-highway vehicles are heavily used by the public and create a continuing enforcement problem.”  (4/5 Vote Required) 

• Resolution for “Grant Fiscal Year 2021, 2022 and 2023 between Humboldt County Sheriff’s Office (HCSO) and the Drug Enforcement Administration (DEA) of the United States Department of Justice Domestic Cannabis Eradication/Suppression Program” – which states: 

“NOW, THEREFORE, BE IT RESOLVED that the Humboldt Board of Supervisors hereby: 

1. Approves receiving of grant funding from the Drug Enforcement Administration of the United States Department of Justice Domestic Cannabis Eradication/Suppression program. 
2. Appoints the Sheriff, Undersheriff, or Deputy Director of Sheriff’s Financial and Support Services as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, including strategic plans, letters of agreement, amendments, payment requests and so on, which may be necessary for obtaining federal financial assistance provided by the Drug Enforcement Administration of the United States Department of Justice Domestic Cannabis Eradication/Suppression program for the Fiscal Years 2021, 2022 and 2023.

As explained in the attached staff report, “Funds provided will be used for specified activities directly related to the black market cannabis eradication and controlled substance investigation and arrest. There is no grant match or additional general fund request for this program.” 

•  Humboldt County Drug Task Force Memorandum of Understanding 

As a continued source of authority in eradication efforts, the HSO was assigned oversight of the county’s Drug Task Force in 2013, under the supervision of Sheriff Wiliam Honsal.  

A screengrab from Asset Forfeiture Sharing Agreement shows which local agencies receive a portion of the seized property and funds.

According to the staff report, the financial impact of this program is offset by asset forfeiture gains, as explained by the staff report stating, “each participating agency bears the costs of deputies and staff assigned to HCDTF. The daily operational costs of the HCDTF are paid from asset forfeiture proceeds derived from task force activities and occasionally offset by grant revenue.” 

PUBLIC COMMENT ON NON-AGENDA ITEMS:

Public Comment on Non-Agenda items is scheduled following the passing of the consent calendar this week, according to the agenda. Otherwise, a member of the public may comment on a particular topic following that agenda item being discussed.  

Don’t miss out on our pro tips for living your best public comment life,

 at the end of the article…

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, there is nothing noted on the agenda as a special presentation, or any matter initiated by board members. 

Any agenda items “pulled from Consent Calendar” will be heard before the Public Hearing items (listed below), and before Departmental Reports. 

DEPARTMENT REPORTS: 

Don’t blink! Following the consent calendar approval, and any public comment on non-agenda items, there are a few reports from various departments for the Supes to handle, including Ggrand Jury Reports being revisited, Homelessness Prevention funds being applied for, appointment of the Chair and Vice Chair for the Board of Supervisors for the Calendar Year 2023, and a new appointment to the Shelter Cove Resort Improvement District. 

Shelter Cove will see Janet Evans appointed to the Shelter Cove Resort Improvement District, after the Supes received applications from Janet Evans, Sean Finley, and Seth Plank. According to the staff report, “The Resort Improvement District has reviewed the application and has submitted a letter of recommendation to appoint Janet Evans to the position. This is an At-Large appointment; therefore the Board of Supervisors may appoint at its discretion.” 

An agenda item from the County Administrative Office reflects the latest and greatest feedback on county administration and financial management by the Civil Grand Jury.  

This 3-part agenda item deals with oversight of county departments and comes with a deadline for some county officials to formally respond.  Looking back to the Civil Grand Jury reports presented in August of this year, three of them are yet to be addressed by county officials, and so are coming before the board this week.  The agenda item, “Fiscal Year 2021-22 Grand Jury Responses: Distrust, Disagreements, Dysfunction; Custody, Corrections and Other County Facilities; and Collaborative Community Quest” brings these three reports back the Supes, and as stated in the staff report, endeavors within 5 working days, “to submit the final response with an accompanying Board Order to the 2021-22 Grand Jury and the Presiding Judge of the Superior Court.” 

The first report titled, “Distrust, Disagreements, Dysfunction: Non-Communication Minus Cooperation Divided by Variable Policies and Multiplied by Missing Reports Equals Financial Chaos,” is related to the county’s money and inter-departmental accounting functions by the Civil Grand Jury (CGJ) resulting from their, “investigation of Humboldt County’s financial management and practices which are under the authority of the Board of Supervisors, Auditor-Controller, and Treasurer-Tax Collector.” Early on in the report, the CGJ writes, “The Humboldt County Office of the Auditor-Controller has a history of inefficiency, some of which was addressed in the 2018-2019 Humboldt County Civil Grand Jury Report, which identified multiple issues that remain unresolved. The office also has a history of being understaffed with the workforce using a financial procedures manual that has not been fully updated since the 1980s.”    

The extensive CGJ report offers 17 “findings” with 19 corresponding “recommendations” for the Supes to employ in an effort to improve on county functions and business operations. In this 25 page report by the Grand Jury, scathing analysis of past and current management practices are detailed.  These reports require responses within 60 days from County Administrative Officer Elisha Hayes, Humboldt County Auditor-Controller Karen Paz Dominguez, Interim Treasurer-Tax Collector Amy Christensen, SHeriff Wiliam Honsal, Humboldt County Public Works Director Thomas Matson, and Department of Health & Human Services Director Connie Beck. Within 90 days, responses are expected from the Board of Supervisors as a whole. 

The second report needing responses offers 33 pages of feedback addressing law enforcement standards and issues, and is titled, “Custody, Corrections and Other County Facilities.”  For this, the Grand Jury has requested responses from the Supes, the Humboldt County Information Technology Department/County Administrative Office, Sheriff William Honsal, Arcata Police Chief Brian Ahearn, Interim Eureka Police Chief Todd Jarvis, Fortuna Police Chief Casey Day, DHHS Director Connie Beck, and Human Resources Director Zachary O’Hanen, according to the attached staff report.  

With a tally of 30 Findings and a lot of 25 Recommendations to remedy the problems identified across various categories and departments under the umbrella of law and order, the county has its work cut out. 

Screenshot of the CGJ report “Custody, Corrections and Other County Facilities” showing a ceiling in disrepair within the HSO. 

The third report is titled, “Collaborative Community Quest” and addresses child welfare in Humboldt County – particularly of local native american kids and indigenous families – and the impact of the county’s failure to adequately serve families experiencing abuse or neglect.   As explained by the report, “following complaints issued to the State by sovereign nations located in Humboldt County, the California Attorney General initiated an investigation based on reports of Department of Health & Human Services-Child Welfare Services’ (DHHS-CWS) and Humboldt County Sheriff’s Office’s (HCSO) alleged failures to comply with California’s Child Abuse and Neglect Reporting Act (CANRA) and related provisions of the Welfare and Institutions Code.” 

Before delving into the 14 pages of findings, the report is captioned with a quote, reminding county officials of the magnitude of their governing work: “… There is no resource that is more vital to the existence and integrity of Indian tribes than their children. …”  Presenting 8 findings and 4 corresponding recommendations, the Grand Jury has requested responses from the Supes, as well as from DHHS Director Connie Beck, and Sheriff William Honsal.

Also brought to you as a Departmental Report, “Homeless Housing, Assistance and Prevention Program Round Four,” which will bring funds to the county via DeEpartment of Health And Human Services. Humboldt County is poised to get a slice of the pie allotted to prevention of homeslessness. Per the staff report, “On Sept. 30, 2022, the California Interagency Council on Homelessness (Cal ICH) announced the availability of $1 billion in noncompetitive block grant funds for the fourth round of the Homeless Housing, Assistance and Prevention (HHAP) Program.”  The program is aimed at prevention, as well as intervention for housing solutions.  

A screenshot from the Homeless Housing, Assistance and Prevention Program Round Four report shows a “point in time” count of people experiencing homelessness in Humboldt County. 

The HHAP Program allocation formula is based on the proportionate share of the state’s total homeless population as reflected by the 2022 point-in-time (PIT) count of people experiencing homelessness. According to attached data on locally unhoused, there has been an estimated 5% increase from Humboldt’s “baseline” homeless population this year, based on the cumulative data gathered and presented for consideration by the state.  The application is due from Humboldt County on November 29. 

The staff report explains that services could include “rental assistance, housing relocation and stabilization, outreach, coordination, homelessness prevention and shelter diversion services.” These funds may be used by the county for “Operating subsidies in new and existing affordable or supportive housing units, emergency shelters and navigation centers,” or even to provide security deposits, holding fees “and other landlord incentives” that may help keep people in housing they currently have.  The money could also go to “operational support related to the creation and maintenance of a homeless services and housing delivery system,” as well as “capital improvements, including, without limitation, conversion of hotels or motels to permanent housing and construction of new navigation centers and emergency shelters based on demonstrated jurisdictional need.” 

PUBLIC HEARINGS:  

 Important matters specifically intended for mass consumption, otherwise known as Public Hearings, include a hearing on a Wireless Communications Ordinance, and a matter of term limits from the Planning Department, each requiring a 4 of 5 vote by the Supes to pass.  

First, discussing term limits, this agenda item suggests an amendment to Humboldt County Code Section 312-1.3 “to Modify the Term of Planning Commissioners Appointed by District Supervisors and At Large Planning Commissioners and to Create Provisions for Removal of Planning Commissioners Appointed by a District Supervisor.”  Finalizing this modification – drafted in October – would reduce the term of the planning commissioner from 4 years to 2 years, “to have the term of district supervisor-appointed commissioners run with the term of the supervisor and to create provisions for the removal of a planning commissioner appointed by a member of the Board of Supervisors by a four-fifths vote.”    

NEXT: Public Hearing on the Wireless Telecommunications Facilities Ordinance, which includes a number of attached documents for review, addresses Humboldt County’s lingering need to improve telecommunications systems and access.  A resolution for both inland, and coastal telecommunications are on the table this week for discussion and ultimately, for approval by the Supes.. 

The staff report reads in part, “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).”  Citing Humboldt County’s remote location compared to other California service areas, the report calls attention to eastern Hhumboldt, writing, “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.” 

CLOSED SESSION: 

Scheduled following the rest of the Agenda, unless decided otherwise at the start of the meeting, the Board’s two Closed Session agenda will be handled behind closed doors, as follows: 

• Conference with Labor Negotiator “to review the County’s position and instruct its designated labor negotiator”
• Conference with Legal Counsel to “discuss existing litigation in the case of Lost Coast Outpost v. County of Humboldt”

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 824 6265 4302 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.