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After Arcata city staff learned that some community members, business owners and event organizers are a little confused when and where sidewalk vendors are allowed in town, the Arcata City Council will consider adopting new rules around sidewalk vending on city property and right-of-ways. 

During tonight’s meeting, the council will review a draft resolution that would potentially replace the city’s existing Plaza Vending Program – through which people can currently apply for a permit and pay and to vend on the Arcata Plaza – and establish clearer regulations for vending on sidewalks throughout the city. 

If adopted, the resolution would prohibit sidewalk vending on roadways or median strips, within 30 feet of an intersection, within 20 feet of a driveway and within 20 feet of a fire hydrant, electrical box or other emergency facility. The resolution would also prohibit sidewalk vending within 200 feet of a farmer’s market or other special event (the vendors for those events obtain their permits through the event planners.) Sidewalk vending would be allowed in parks, but not on the lawn or landscaped areas, according to the draft resolution. 

The resolution also establishes requirements for solid waste management, requiring that all sidewalk vendors provide at least one trash bin and one recycling bin for customers. Prior to closing up shop, the vendor would also be required to pick up any recycling or waste within a 15-foot radius of the vending location. If the vendor is selling food, they must comply with all of the City’s single-use container requirements, providing only fiber-based compostable foodware, charging 25 cents for disposable containers and offering a 25 cent discount for customers providing their own container. Food vendors must also visibly display a valid health permit from Humboldt County Department of Environmental Health.

To be clear, sidewalk vendors include people selling food, beverages or wares from their person or from a non-motorized vending cart. So this resolution would not apply to food trucks, which obtain a different type of permitting. It would also not apply to special event vendors. 

Since this is the council’s first discussion of the proposed resolution, the council will most likely give direction to staff and another draft of the resolution will come back before the council at a later date. You can view the full draft resolution here. 

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Also during tonight’s meeting the council will discuss possible changes to the city’s Short-Stay Vacation Rental Ordinance, which caps the number of vacation rentals permitted in Arcata at 100, excluding rentals where the owner lives on the same property as the rental unit. 

During a meeting in June, the council discussed potential changes to the ordinance, including lowering the cap and changing or removing the exemption. Some concerns were brought up during that meeting surrounding the exemption and the ability of owners to occupy a property with multiple vacation rentals. However, some community members pointed out that the exemption helps ensure that more vacation rentals are operated by Arcata residents, instead of owners living out of the area. 

Tonight staff will present the council with more information and public feedback it gathered on the ordinance. The council will discuss eliminating or changing the owner-occupied exemption, changing the cap on the number of rentals permitted in the city, and whether or not the ordinance should include a “operator limitation” – which would limit the number of vacation rentals a single person can operate. 

If the council provides clear direction on these amendments during tonight’s meeting, then the ordinance would come back for adoption in December. 

The Arcata City Council meets tonight (Wednesday, Oct. 19) at 6 p.m. at Arcata City Hall – 736 F Street. 

You can view the full agenda and directions on how to participate here.

The mother of triple murderer Mauricio Eduardo Johnson was led out of court in handcuffs this morning to begin serving a 364-day jail term for helping her son as he tried to escape.

Judge Christopher Wilson imposed the term on Melissa Johnson-Sanchez, saying she must serve at least 180 days behind bars before she is eligible for SWAP, the program that allows inmates to work out of custody. Johnson-Sanchez will be on supervised probation for two years. If she violates probation she could receive a two-year prison sentence.

Johnson-Sanchez and her boyfriend Von Keener pleaded guilty to the felony of being an accessory after the fact to the February 2021 murders of Margarett Lee Moon and Nikki Metcalf, both 40, along with Margarett Moon’s 16-year-old daughter Shelly Moon. All three were shot in the head.

Margarett Moon lived for several hours after she was shot, leaving her loved ones agonizing over whether she could have been saved had Johnson-Sanchez immediately called law enforcement.  Instead she followed her son as he and Keener drove east. All were arrested in Utah.

Four hours after the shootings Margarett Moon’s two younger children awoke to find her, their sister and Metcalf.

“The tragedy of walking in on a triple homicide … they will never be able to forget that,” Deputy District Attorney Roger Rees told the judge. He asked the judge for a two-year prison sentence.

“We want to encourage people to turn in criminals,” Rees said.

Metcalf’s mother Sandra Keisner, weeping as she read her statement, said “I will never know if Margarett could have lived.”

Keisner said Johnson-Sanchez’s actions “are not Wiyot.” If the rancheria had a legal system in place, “Melissa and her family would be banished from the Bear River Band of the Rohnerville Rancheria.”

Another family member, Jewel Frank, called the killings the worst crime ever committed in Humboldt County.

“I think (Margarett Moon) lived four hours while Melissa was trying to help her son escape the consequences,” Frank said. She suggested Johnson-Sanchez should be charged with other crimes, such as cruelty to Margarett Moon’s younger children.

“She made the decision to help her son escape the darkness of his evil actions,” Frank said.

Johnson-Sanchez, who had been out of custody until today, stood silently beside defense attorney Kathleen Bryson and did not make a statement. But Bryson said Johnson-Sanchez, who has no criminal history, is extremely remorseful.

“Sending her to jail is not going to bring back their loved ones,” Bryson said, calling the matter “a horrible case.”

Johnson-Sanchez has said she didn’t know until she pulled over to buy gasoline in Redding that her son was running from a suspected triple murder. Still, she continued to follow him as he fled.

“The right thing would have been to report it, and that didn’t happen,” Judge Wilson said. But he also said Johnson-Sanchez’s role was “collateral,” and her plea to being an accessory was appropriate. Both the judge and the victims’ family members expressed skepticism over what she knew or didn’t know.

On the other hand, Wilson said, it’s impossible to prove Sanchez-Johnson didn’t believe all three victims were already dead.

“What does a mother do under these circumstances?” the judge asked. “She wanted to protect her child.”

Wilson expressed sympathy to the survivors, saying their grief is palpable and their wounds will heal slowly, if ever.

Mauricio Johnson was sentenced in February to six terms of 25 years to life — one term for each victim and three terms for personal use of a knife. He was 18 when he killed the three, so under California’s Youthful Offender Program he can apply for parole in 25 years.

As of today he is an inmate at Corcoran State Prison.

PREVIOUSLY

• Plea From Mother of Bear River Murderer Delayed; Can She be Charged as an Accomplice in Humboldt if She Didn’t Learn About the Crime Until They Reached Shasta?
• TODAY in COURT: Alleged Accomplice of Bear River Triple Homicide Suspect Arraigned in Utah Court
• DA Files Charges in Bear River Triple Murder; If Convicted, Teen Suspect Could Face Life Without Parole or the Death Penalty
• Affidavit From Utah Cop Offers Details of Police Investigation Into Last Month’s Triple Homicide at the Bear River Rancheria
• Bear River Triple Murderer Gets 150-to-Life Sentence as Relatives of the Deceased Speak Their Truths; Killer Can Apply For Parole in 25 Years

From Calfire:

What

Professionally controlled prescribed burns planned for the consumption of invasive European Beachgrass on approximately 13 acres near Table Bluff outside of Loleta and approximately 249 acres of grass and brush near Lone Star Junction outside of Kneeland.

When

The prescribed burns will take place as conditions allow on Wednesday, October 19th in Loleta and Thursday, October 20th, 2022 in Kneeland.

Where

Ocean Ranch southwest of Table Bluff (four miles northwest of Loleta). Lone Star Junction (Kneeland Road cross of Showers Pass Road).

Why

These burns provide for the long-term study of invasive plant management and contribute to hazardous fuels reduction. The treatments will help to enhance the health of the native plant communities, aid in the control of non-native plant species, protect and enhance habitat for multiple animal species, and aid in the reduction of hazardous wildland fuels.

Who

California Department of Fish and Wildlife (CDFW), CAL FIRE, and private stakeholders. During these prescribed fire operations, residents may see an increase in fire suppression resource traffic, smoke will be visible, and traffic control may be in place. Please be cautious for your safety as well as those working on prescribed burns.

It is with great sadness and immeasurable love that I announce the passing of my amazing husband on Wednesday, October 12, 2022. He lost his battle with cancer at the age of 47.

Dustin Ray Garnier was born at 11:59 p.m. on September 13, 1975, to Pamela Wynn (Hatley) Horn and Larry Garnier in Visalia. Dustin was a gregarious child, full of energy and spent his childhood doing what he loved most - skateboarding. An impatient student as a child, it was not until later in life that Dustin returned to school to obtain his GED.

Dustin had a passion for problem solving and details and put forth his best effort in everything he did. Once Dustin had a goal in mind, he did everything in his power to make it come to fruition. He worked various construction jobs but developed a love for woodworking at a job where he built trusses. Needing a change of scenery and a fresh start, Dustin moved from Tulare County up to Humboldt County in 2007. He took a job with Danco Builders and worked for the local construction company right up until his passing. It was in this same year that he met the woman who would become his wife 13 years later. Ever the hard worker, Dustin started at Danco as a laborer, and over the next 15 years ended his career as superintendent with the company, which was his pride and joy.

Dustin did not come from wealth, but over time built himself a life rich with the love of his friends and family. He had a way of instantly connecting with almost everyone he met and had a humility about him that few can emulate. Dustin was infinitely kind, giving of himself, his resources, and his friendship to anyone who needed it. Dustin was a great listener, wise beyond his 47 years, and possessed a heart of gold. In his free time, he loved to be as comfortable as possible, trading his flannel shirts, work pants and boots to don a big fluffy robe every day after work. He was famous for this after-work look. He also loved fishing, kayaking, traveling, and spending time with his family and pets. Even in his last moments, Dustin always thought of others, and never held back showing his love and adoration for his wife. Dustin was a force, and truly lived up to the meaning of his name, “Thor’s Stone” and “brave warrior.”

Dustin is preceded in death by his father Larry Garnier. He is survived by his wife, Nicole Marie Rahman-Garnier, mother Pamela Wynn Horn, grandparents Ollie and Michael McKoski, and sisters Michelle Horn, Chrissy Merriweather, and Susan Horn.

Dustin was a doting husband, supportive brother, loving son, and the most caring and kind friend anyone could ask for. He held a special place in the hearts of everyone who had the honor of knowing him. He will be deeply missed and never forgotten.

A celebration of life will be held for all friends and family at the River Lodge in Fortuna on Sunday, November 6. Friends can gather to share their fondest memories of Dustin, and enjoy each other’s company.

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The obituary above was submitted on behalf of Dustin Garnier’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.

It is with a heavy heart that we announce our beloved “Grammie” Marguerite (Marge) Ann Hodge Dias passed away peacefully in her sleep on October 9, 2022 at the age of 75 to be with her Lord.

Marge was born on May 1, 1947 to Herb & Mary Hodge in Albany, Calif. At the age of one, Marge’s family moved to Arcata, where she grew up and graduated from Arcata High in 1965. Marge fondly recalled the days growing up in Arcata, where she could be found in various school activities or participating in her other passion at the time — roller skating at the roller rink.

Marge married at the age of 19, and she had her first two children. In the mid-70’s, Marge moved her family to Santa Rosa. She loved her time there, and was very active in the Holy Spirit Catholic Church. Part of her activities at that church included being a part of the guitar group, where she formed lifelong friends. During her time in Santa Rosa, she worked for Wells Fargo Bank as well as Hewlett-Packard; the latter job she loved to brag about all of the perks received by working for the tech company (including free donuts every day).

After 11 years in Santa Rosa, Marge returned to Arcata, where she would reside the rest of her life and found love again marrying Joe Dias. About a year after their marriage, she had her last daughter, Theresa.

Marge held many other jobs in her lifetime, including being a bookkeeper for many local businesses. After retiring, she came out of retirement to work at the Arcata Senior Center, where she made many wonderful friends. Marge also had a passion for volunteering. She volunteered for activities like the Winter Express held annually for early grade school students, Christmas toy drives with New Heart Church, Relay for Life, various fundraisers including working the fireworks booth, working the election polls, and when it was still active at the Senior Center, sewing with Katie’s Krafters. If she could help somewhere or someone, she would.

The most important thing to Marge was her family. She made it a point to be involved in each of her children’s lives and to be a part of many of the activities of her grandchildren. One of her more recent favorite activities was baking with her grandchildren. She had a one-of-a-kind personality and a great sense of humor that endeared her to many.

Marge loved collecting all things Betty Boop-related, watching musicals, working puzzles, doing crosswords, and sewing.

Marge is survived by her three children Tammy (Kevin) McMahon of McKinleyville, Tim Gallaty of McKinleyville, and Theresa (Bryan) Stevens of Arcata; her grandchildren Erik Garcia, Andrew Gallaty, Braden, Breannah, and Brooklynn Stevens, and Isabella Gallaty; her brother Claude Hodge, her sisters Faye (Lee) Jones, and Carolyn (Larry) Creek; and numerous nieces and nephews. Marge is preceded in death by her parents Herb & Mary Hodge, her husband Joe Dias, her granddaughter Laura Kay Gallaty, and her nephew Bryan Creek.

A viewing will be held Friday, October 21 at Paul’s Chapel from 4 to 7 p.m. A celebration of life will be held Saturday, October 22 at Heritage Pentecostal Church — 643 Hidden Creek Road in Arcata — at 4 p.m.. A reception will follow.

Our loving brother John passed away on October 8, 2022, at St. Joseph Hospital from complications of Kennedy’s disease, an inherited muscular wasting disease.

He was born in the old St. Joseph Hospital on May 31, 1944, to Gerald ‘Jud’ and Claire Jackson in Eureka. John grew up in a large family with 10 brothers and sisters. Growing up, John enjoyed family outings to the Van Duzen River and Trinity and Shasta lakes. He enjoyed archery, water skiing and fishing and loved woodworking.

John attended St. Bernard’s Elementary and Eureka High School. At an early age, he developed a love for cars. He had the first 1963 Corvette Stingray in Humboldt County. He had many other ‘Fast Cars,’ such as a Chevrolet Biscayne with a 409 engine. He went on to purchase a Porsche and Jaguar V12 roadster.

He worked in the redwood logging industry alongside his dad and brother Richard as a CAT 977 log loader operator and cat skinner and was very accomplished at both. John had a fantastic work ethic.

John is preceded in death by his parents, Jud and Claire, and brother Richard. John is survived by his siblings, Linda Williams (Joe), JoAnn Rossen (Rick), Jerry Jackson (Patty), Diane Heinl (Richard), Mary Vallee, Sharon Simpson (Dave), Daniel Jackson (Joy), Donna Gervase (Mark), Carolyn Griffith (Doug) and sister-in-law Christine and numerous nieces, nephews and cousins.

At John’s request, a private family gathering will be held. In lieu of flowers, please honor our brother with donations to the Kennedy’s Disease Foundation here.

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The obituary above was submitted on behalf of John Jackson’s loved ones. The Lost Coast Outpost runs obituaries of Humboldt County residents at no charge. See guidelines here. Email news@lostcoastoutpost.com.

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Rural Humboldt County residents came down from the hills on Tuesday to urge the Board of Supervisors not to mess with the county’s longstanding Alternative Owner Builder program (AOB), a pared-down home permitting system whose stated goal is to promote low-cost housing and improve permit compliance in areas not served by public water or sewer.

After debating the merits and flaws of the program and hearing from more than a dozen public speakers, all of whom voiced support for it, the board voted 3-2, with supervisors Rex Bohn and Michelle Bushnell dissenting, to continue the matter to an unknown future date, having taken no action to alter the AOB rules. 

While Travis Schneider’s name was not uttered once during today’s proceedings, the local developer’s half-built, permit-violating mansion was referenced obliquely throughout the meeting.

Indeed, Planning and Building Director John Ford acknowledged early in the proceedings that the ongoing controversy surrounding that project led to increased public scrutiny of the AOB program. The question: Given the program’s original purpose, should a rich developer really be allowed to take advantage of these relaxed rules to build a 20,000-square-foot mansion? (Another local business owner, Mackey McCullough, recently used the program to build a 10,000-square-foot home near Berry Summit.)

Ford said the situation with this “one home” has raised “a lot of questions surrounding how the AOB [program] is done, what kinds of inspections are required and really the appropriateness of the ordinance and whether or not it’s been abused.”

The AOB program allows building permits to be active for five years — much longer than the standard one year — and it includes a provision saying that if a home that was built under the program gets sold, the purchaser must either sign an agreement saying they’ll either comply with the terms of the AOB permit or bring the house into compliance with the current building code.

Ford let out a brief sigh. “It’s a little bit embarrassing to say, but in the history of the AOB ordinance, we’re not aware that this has ever been done,” he said.

Of the 628 building permits issued for projects in the county’s unincorporated areas over the past five years, 110  of them — 17.5 percent — were AOB permits. More than half of those 110 homes were under 3,000 square feet, though nine were between 3,000 square feet and 4,000 square feet and eight were larger than 4,000 square feet. 

Staff had prepared a few options to consider. Among them:

• limit the size of homes that can be permitted through the AOB program
• require more inspections
• do away with the AOB program for new construction
• put a moratorium on AOB permits, or
• eliminate the AOB program altogether.

Ford noted that the latter option was not being recommended by staff. 

Bohn said he’d heard an “outpouring of opposition” to nixing or dramatically limiting the program, and he questioned the wisdom of “reacting to one instance” of apparent abuse. Nonetheless, in the interest of compromise, he proposed increasing the number of inspections required for AOB projects and prohibiting people from using the program more than once every five years.

Third District Supervisor Mike Wilson proved to be the biggest advocate for altering the program. He said he has concerns about the disparity between the program’s intent and its application, and he questioned whether it’s an appropriate way to permit homes larger than 3,000 square feet, considering their larger climate impacts.

“Size is important in this discussion, but then also, I think, grading,” he said. “I have heard from contractors that have a lot of concerns about what they’ve seen … . I’ve also heard from tribes about their concerns about the lack of review.” 

Wilson also brought up the matter of county liability, saying the local government is taking on risk by allowing homes to be built without complying to the state’s uniform building code. While the language of the AOB program says the owner-applicant takes on that legal responsibility, Wilson reminded his colleagues that the county has failed to keep tabs on these homes after changes in ownership. 

“It is something we have to concern ourselves with,” he said. “When I say ‘we’ I mean every other citizen in the county ultimately takes on that liability.”

Bohn pushed back, saying he thinks the county’s liability is negligible since there have only been a couple of complaints about the program in recent years. Referring to the Schneider project, Bohn described the situation as “a calamity of errors, misgivings, however you want to look at it that should have never happened.” By and large, the AOB program has been a success, he said.

“The sky isn’t falling because one thing fell out of the sky,” he said, adding that he’d be fine leaving the program as it stands “because I hate knee-jerk reactions.”

Wilson again brought up his concerns over grading and proposed a moratorium on all AOB permits from homes larger than 1,200 square feet, plus limiting the amount of fill that can be brought in — at least until the board could have a longer discussion about protocols. 

“I’m throwing that out there,” he said. “I think that’s reasonable.”

This time it was Second District Supervisor Michelle Bushnell who pushed back. “Your reality isn’t everybody’s … ,” she said to Wilson. “You act like these homes are being built and they’re shambles and shacks, and they’re not. Most of them are not.”

Wilson later objected to this characterization and asked Bushnell not to put words in his mouth. 

The board continued to toss out ideas for tinkering with the program. Fifth District Supervisor Steve Madrone said he has personally taken out two AOB permits over the years, “and I found it to be a really excellent process.” He said many people use the program as a means to reduce permit fees. “I still built to code,” he said before adding that he has also lived in a wickiup. 

Still, Madrone said he’d be fine with placing a moratorium on all AOB permits for homes larger than 3,000 square feet, saying people building houses that large probably have the funds to go through the standard permitting process. He also suggested that building inspectors can do a better job, and he embarked on a bit of a tangent to speak in favor of composting toilets.

During the public comment period, Hydesville resident Mike Gordon called in to say the AOB program “is more vital now than it every has been” and has encouraged “new and innovative ways to reduce our footprint while living holistically off the land.”

Longtime SoHum resident Tom Grover spoke about the history of the back-to-the-land movement, saying people moved up to Humboldt County and built homes with their own ungraded wood and nobody cared in those days. But he said he thinks it’s wrong that the program is being used to permit larger buildings.

Other speakers pointed the finger at Planning and Building Department staff, with one man saying the county’s complex policies are responsible for the region’s housing crisis. 

When the matter came back to the board, Fourth District Supervisor and Chair Virginia Bass noted that time was limited, since she and Bushnell had to leave in the next 15 minutes. (She did not say where they were headed.) Bohn made a motion to keep the AOB program in place while requiring that homes larger than 3,500 square feet “be put under a level of scrutiny that is far beyond what it is now.”

Wilson interrupted Bohn to second his motion. This interjection appeared to be a playful jab directed toward Bushnell, who clearly wanted to second the motion herself, and the supervisors enjoyed a good chuckle. (Bass was the lone exception. “I’m so confused,” she said. “What just happened?”)

But Bushnell said she wanted to “do an amendment,” and the deliberations went in circles for a bit as each supervisor sought to clarify and/or tweak the motion to their own desires. Wilson wound up retracting his second, and Bushnell stepped in with one of her own. 

Ford took some time to defend his staff, saying his department typically responds to requests for inspections and it’s not uncommon for somebody building a house, especially under the AOB program, to not request one. 

“If [the projects] are in an isolated location where we’re not driving by it all the time, we’re not going to see it,” Ford said. “And even if we were to see it, we still need permission to go on the property. … I know a lot of people want to throw the Planning and Building Department under the bus, and we did make mistakes here. The mistakes we made were in permitting, though, not in the inspections.”

With time winding down, Bass said she’d be fine leaving the program as it stands. “It feels like we’re trying to rush this,” she said. In response, Bohn pulled his motion, and Madrone quickly made one to continue the matter to an unspecified future date, and he asked staff to prepare for a discussion of the county’s Safe Home Program at the same time. (That program is aimed at getting unpermitted residential and accessory structures into compliance.)

Bohn and Bushnell said they’d rather just leave the AOB discussion alone for the time being, rather than bringing it up again in the near future, but the rest of the board overruled them. The conversation will resume in the coming weeks or months.