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Amador County News TSPN TV with Alex Lane 10-29-10
D.A. hopes Zimmerman guilty verdict brings “some measure of justice” to O’Sullivan family
Amador County – Amador County District Attorney Todd Riebe complimented his staff on a tough job done well this week after a jury returned a guilty verdict Wednesday in the murder trial of Kenneth John Zimmerman of Fiddletown.
A 12-person jury issued a verdict finding Zimmerman guilty of second degree murder and found it true under a special allegation that Zimmerman “personally and intentionally discharged a firearm causing the death of John Michael O’Sullivan,” according to statement released Thursday by Riebe.
In the statement, Riebe said “after 14 hours of deliberation beginning Friday morning, the jury informed (Superior Court) Judge James E. Cadle that they had reached a verdict.”
The verdict came just after 1 pm Wednesday, indicating the guilty finding, and also saying “the jury found Zimmerman not guilty of first degree murder and criminal threats, but could not reach a verdict on false imprisonment, resulting in a mistrial on that charge.”
Riebe said he was “very pleased with the verdict,” and “the jury listened carefully to all the evidence and worked hard to uncover the truth of what transpired.” He said they “dispatched their duties in a thoughtful and professional manner under difficult circumstances.”
“Most importantly,” Riebe said, “this verdict holds Mr. Zimmerman accountable for what he did by taking away the life of a husband and father.” Riebe said “hopefully,” the decision “provides some measure of justice for his family.”
Riebe said he had “high praise” for his prosecution team, led by Steve Hermanson. He said Hermanson, co-counsel Joe Gasperetti, investigators Noel Dunne and Gary Stevens, paralegal Kim Holland, and Victim-Witness advocate Harla Ward “lived this case for more than a year and put in hundreds of hours of preparation.” He said “this result is a testament towards their work ethic, professionalism and compassion.”
Riebe also complimented Sheriff Martin Ryan’s office for its work in the initial investigation. He said “it demonstrates, yet again, what fine work our local law enforcement team accomplishes by working together.”
Zimmerman returns to court 2 pm Monday, November 29th for sentencing, Riebe said, and the Fiddletown resident “faces a likely sentence of 40 years to life in state prison.”
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Supervisors look to take advantage of planned Hwy. 50 closure
Amador County – The Amador County Board of Supervisors discussed Tuesday how to best take advantage of increased vehicle traffic stemming from the planned two-week closure of Highway 50 next summer.
Caltrans recently announced they will close the heavily-trafficked highway for construction from May 2nd to 14th, 2011, and redirect traffic along state routes through Amador County.
Maureen Funk of the Amador Council of Tourism said the detour is from Missouri Flat Road south to Highway 49, then up Highways 88 and 89 to South Lake Tahoe. Other motorists may be diverted up Highway 16 from Sacramento. She said alternative routes are limited because Caltrans is only allowed to detour traffic onto state highways.
“This is a real opportunity for us to make it a good experience for people to take our two-lane highways through the county,” she said.
She said the county can post “up to six signs on county land” along each route notifying motorists of places to stop for gas, food, lodging or other amenities. “My vision is…signs that welcome folks to the county by saying ‘services so many miles ahead’,” she said.
Posting signs for such a purpose falls under strict regulations. Amador County Planner Susan Grijalva previously informed Funk that signs “must not be advertisements” and should be “strictly informative.” Signs must be removed within 48 hours after the detour is closed.
Funk said the closure also happens to coincide with the AMGEN Tour of California, a Tour de France-style cycling road race considered by its promoters to be the largest cycling event in America.
“When considering the draw for this event, this is a prime opportunity for people to rediscover us,” said Funk.
Supervisor John Plasse asked if Funk had concerns about tourism entities in Placerville and Pollock Pines competing for the added business. Funk said she collaborates regularly with these entities and “we see ourselves as partners in this process.”
Speaking on behalf of the California Highway Patrol, Lieutenant Bruce Kynaston said his department anticipates an increase in traffic accidents and traffic related citations. He said it will cost more money for the CHP to bring in more officers. He said it “will be challenging but will hopefully go smoothly.”
The supervisors made no motion for action concerning the presentation, but said they approved of Funk’s efforts and plans so far.
Funk said they will eventually need to gain approval from each city council within the county. She said she will take the results of the discussion back to her board of directors and marketing committee and return later in the year with something “more formal.”
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Ione to resume sewer talk in 30 days
Amador County – The Ione City Council discussed the city’s proposed wastewater treatment plant bidding process last week, and asked staff to try to reconnect with two bidders who had dropped out of the process.
Mayor Skip Schaufel asked if the other companies that submitted early in the bidding process, during the request for qualifications, had come forward, in the city’s effort to get a company to design, build, operate and finance a new tertiary wastewater treatment plant.
City Manager Kim Kerr said two companies had “withdrawn from the process,” but could choose to come back. City Attorney Kristen Castanos said all three companies were qualified to do the project.
The three early interested companies were Teichert Construction of Stockton, Auburn Constructors Incorporated of Sacramento and PERC Water Corporation of Costa Mesa. Of those, only PERC was still trying to pursue the project, while the other two have said they would not.
Councilman Jim Ulm asked that they try to send Teichert to a Hilmar pond plant, “so we can honestly say we looked at it.” Councilman Lee Ard said the problem was that Teichert’s original bid “danced around the tertiary” issue, which the city wants for its project.
The Hilmar plant was described in public comment by Lloyd Oneto as a “pretty green” pond plant, with new technology designed by Berkeley professors.
Councilwoman Andrea Bonham said “cutting edge technology” is new but it still means that “these are new plants that are working,” and are “not getting into something people have never seen before.”
Vice Mayor David Plank said the original criteria were given all firms in the bidding process, including the preference of the closed system, and the tertiary level of treatment.
Ulm suggested that the city could get rid of city engineer Bob Godwin of Lee & Ro, because “we have enough engineers” on the city council.
Ard said: “We have a council that understands.”
Kerr said she would send letters to the other two bidders and come back with further information in 30 days. She said “they could come back in,” but it was up to the companies.
Kerr told the council that if they are not satisfied at the end of the bidding process, they can go to the individual bidders and try to negotiate. The council could also go out for requests for proposals.
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Caltrans community workshop to gather input on long range Hwy. 49 plan
Amador County - Caltrans announced Thursday it will hold a community workshop to gather local input on a long range plan it is developing for Highway 49.
Also known as the “Golden Chain Highway,” Highway 49 originates in Oakhurst in Madera County and ends near Vinton in Plumas County, passing through Amador, Calaveras, Tuolumne and Mariposa counties on the way. It is considered the primary roadway connecting the communities of the central Sierra Nevada foothills.
According to Caltrans, they will hold community outreach meetings to gather input for a Transportation Concept Report (TCR), a “long range planning document that identifies concepts for how the corridor will be developed and managed over a 20-year period.”
The TCR is developed to review current and future traffic conditions and land use; consider transportation alternatives such as transit services, bicycle and pedestrian; identify planned projects and recommend future improvements; and determine a route concept.
The agency says “safety, mobility and capacity” are currently major issues on the corridor. These concerns include congestion in local communities, encroachment on state highways, a lack of cost-effective transit services, and a lack of a consistent network of pedestrian and bike paths that link communities and visitor attractions.
The development of the TCR is linked to a number of recently approved planning efforts or efforts in progress both in Amador and neighboring counties, including the Amador County 2004 RTP Update, the Amador County Blueprint, and the Amador County General Plan Update.
The local TCR community workshop takes place November 3rd from 6-8 pm at the American Legion Hall, 12134 Airport Road in Martell. For more information, contact Lynn O’Connor, Chief of the Office of System and Advanced Planning at (209) 948-3975.
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CAL FIRE lifts some permissive burn day restrictions
Amador County - Effective 8:00 am, Friday, October 22, 2010, the California Department of Forestry and Fire Protection (CAL FIRE) announced burn hours will not be restricted on permissive burn days on private lands within the Tuolumne-Calaveras Unit. This includes the counties of Calaveras, Tuolumne, and those eastern portions of San Joaquin and Stanislaus that are within the State Responsibility Area. Lifting the burn hour restrictions also applies to lands within the Direct Protection Area (DPA) of the Stanislaus National Forest.
Burn permits are required. Tuolumne-Calaveras Unit Chief Mike Noonan adds “Conditions will continue to be monitored and restrictions or suspension will go back into place if conditions warrant. Open hours burning on permissive burn days allows home owners to burn debris created by working on 100 feet of defensible space.”
Even with the cooler weather and forecasted rain a fire can still escape. It is critical that the person conducting the burn keep close watch on the fire at all times. If the fire gets away, that person can be held liable for the damage and suppression costs.
It is the landowner’s responsibility to check with the local Air Pollution Control District for permissive days by calling the local APCD office.
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Ione discusses sewer needs, PERC offer
Amador County – The Ione City Council last week heard an update on pursuit of a new wastewater plant, and learned that its one bidder offered to build the project to fit the city’s needs.
City Manager Kim Kerr said the remaining bidder, PERC Water Corporation said it can refine the project size and build it in segments, so it does “not sit there for who knows how long.” She said segmenting would not impact customers.
Councilwoman Andrea Bonham said building for current capacity would allow development impact fees to go toward future expansion.
In public comment, Lloyd Oneto asked the “rate for the new system.” He also asked if council members had toured a new pond plant at Hilmar using some “pretty green” methods developed by Berkeley professors.
Bonham said they would need the project first before rates were known. She said a majority of the council voted three years ago to move away from pond treatment systems.
Oneto asked if that was “because of the look of the ponds or because of leaks,” and he suggested lining the ponds to stop leaks. Bonham said it was “lots of reasons,” including “proximity to the creek;” growth and expansion necessitating buying more property for ponds; and a lawsuit.
Vice Mayor David Plank agreed, saying for a pond, a new location would be needed, and future growth would call for a bigger pond and buying land. He noted that experts say lined ponds must be redone every 15 years.
Councilman Jim Ulm said: “I feel like we’re getting railroaded into a certain type of system,” and “it takes a lot of horsepower to run.” He liked a “simpler system.”
Councilman Lee Ard said “pond farms don’t allow you any flexibility.” He said the city is looking at a grant for solar power, which “could very well have power left to sell to PG&E.”
Ard said options will be presented at a public hearing, rates will be discussed, and it is his “goal to keep rates as they are.”
Ard said they were doing this because in 2003, Ione City Council and administration allowed developer agreements in which “people paid money in good faith for sewer hookups that were not there.” He said they need to build to meet those commitments.
Plank said bottom line, the city needs to get out from under a cease & desist order, and avoid potential fines in the millions of dollars that it cannot afford to pay.
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