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Dozens of Kernen Construction employees filed into the Humboldt County Courthouse this morning, many wearing bright, safety-orange t-shirts and hoodies. They’d arrived en masse — soon overflowing the Board of Supervisors chamber and filling an anteroom — to advocate for their employer, which is facing potential permitting restrictions following a series of community complaints about its operations in Glendale. 

But the hearing on the matter proved to be anticlimactic. Planning and Building Director John Ford announced up front that Kernen had made a settlement offer, and that county staff would be requesting a continuance so they had time to research the matter. 

As we reported last week, neighbors of Kernen’s Glendale property have submitted a series of complaints about alleged permit violations related to the rock aggregate processing onsite. The complaints alleged ‘round-the-clock noise in violation of the permitted hours of operation, as well as light pollution and alleged violations of environmental laws.

The county, meanwhile, says Kernen constructed a water impoundment feature and berm on its northern yard without permits and in violation of County Code.

With a settlement offer on the table, though, the Board of Supervisors postponed a decision on the matter to early next year, scheduling a follow-up hearing for Feb. 4. 

Ford was reluctant to delve into the details of the proposed settlement without first researching the plan’s viability, but he said a key component would involve collaboration between Kernen and the county to replace a culvert on the property, which would hopefully alleviate flooding issues.

Ford also clarified that county staff no longer believes that Kernen has been violating its permitted hours of operation. He said the operations plan specifies that the hours of operation govern only the actual materials processing — the grinding of rock — and not equipment maintenance or other activities taking place there. 

“The only thing that’s potentially a violation of the conditional use permit is monitoring the soils that are moved on and off the site and having a record of where those came from and whether they’ve been tested or not,” Ford said.

After some discussion among the supervisors, the board proceeded to allow public comment. First District Supervisor and Chair Rex Bohn limited each speaker to two minutes apiece, but so many people had come to talk that the public comment period still lasted for roughly an hour. 

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As suggested by the sea of safety orange attire, most of the speakers were employees of Kernen. They spoke about the property’s long and proud history as a source of jobs and industry, from its days as a lumber mill through its recent work to supply aggregate for Caltrans’ Indianola undercrossing project and the Humboldt Bay Trail South. 

Kernen employees also spoke about the company’s economic value to the county and to families who are supported by workers’ wages. Some speakers characterized the neighbors who’ve complained as whiners who don’t appreciate the value of the operation.

“We’re out here trying to make a living,” said a neighbor named Gary Johnston. “We spend our time working while these other people spend their time bitching.”

But the critical neighbors held their ground. Cindy Trobitz-Thomas said her family has lived across from this industrial site for 68 years, mostly in harmony, but Kernen recently expanded its operations into the flood zone and has been stockpiling dirt, debris and aggregate in violation of their permit. She also said the amount of dust, noise and vibration at all hours of day has become untenable.

Several other neighbors concurred, saying the company’s operations have changed over the last year and a half. Glendale resident Linda Miller acknowledged that the company employs many people and provides a needed service but said that’s not enough.

“We only ask that Kernen abide by their permitted operating hours, light and noise restrictions and local, state and federal laws, which they have not always done,” she said, later adding, “There is no one else to blame, here, but the company itself.”

Fellow neighbor Mark Cortright alleged that while Kurt Kernen has “a sense of community,” his business partner, Scott Farley, who has recently taken over operations, has expanded “with zero thoughts [about] the community.”

These speakers were followed by more Kernen employees as well as workers with other companies, who stood in defense of the business. For example, John Nichols, a driver and dispatcher with Nichols Trucking, said, “Let me be clear: This is not just about one company. It’s about the livelihood of all their employees, the economic benefits Kernen brings to our community and the broader impact on local businesses. … If we allow these restrictions on Kernen, we are setting a dangerous precedent that could harm other businesses across the county.”

When the long list of speakers finally wrapped up, Fourth District Supervisor Natalie Arroyo expressed appreciation for the testimony, and she explained that the issue isn’t about the value of Kernen; rather, it concerns possible permit violations and impacts to public trust resources. She and her fellow supervisors said they look forward to a possible negotiated resolution.

Fifth District Supervisor Steve Madrone said some of the issues onsite — such as the undersized culverts — are not the company’s fault, and he described the current situation as “an intersection of opportunity” to resolve those matters.

After some discussion about scheduling conflicts and the amount of time necessary for staff to investigate the matter, the board unanimously passed a motion to continue the matter to Feb. 4, 2025.

North McKay Ranch Subdivision

Earlier in the meeting, the board unanimously approved a development agreement for the North McKay Ranch Subdivision Project, a planned mixed-use development in Cutten that could eventually include 174 multifamily residential units and two commercial parcels supporting 22,000 square feet of commercial space.

The board had already approved the project, back in March of 2023, but Ford explained that approval of the development agreement required a second public reading.

Per the terms of the agreement, project developer Kurt Kramer will assume various obligations, including dedication of some property to the county for open space and trails as well as installation of off-site water storage tanks and sewers. 

“And in exchange for that … the applicant would get a 20-year vested life for this permit,” Ford said.

Remarkably, the folks over at Access Humboldt have already uploaded video of the full meeting, so if you’re so inclined you can watch the two-hour, 51-minute proceedings below: