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SACRAMENTO – Assembly Environmental Safety and Toxic Materials Committee Chairman Wesley Chesbro (D-First District) said Tuesday that the State Water Resources Control Board is making progress on new septic tank regulations that protect the environment without imposing financial hardship on property owners.
However, the committee he chairs approved legislation intended to continue legislative pressure for a new approach.
“Water Board representatives made it clear they have torn up the onerous regulations proposed late last year and are willing to start over with a clean slate,” Chesbro said after a Committee hearing Tuesday at which the Water Board staff reported on progress made in revising proposed rules to regulate septic systems under AB 885 (2000). “The Water Board is responding to the concerns of constituents whose pocket books will be affected by new regulations.”
Late last year the Water Board sparked controversy when it proposed new regulations under AB 885 (2000) that, among several new requirements, would have made regular inspections of septic systems mandatory.
After encountering severe opposition from septic system owners across the state who criticized the high costs associated with the proposed requirements, the Water Board decided to withdraw its proposals and start over. In Tuesday’s report to the Committee, Water Board representatives said the Board hopes to have the framework of new proposals ready by the end of summer.
“The Water Board staff learned a lesson about involving the public earlier in the process,” Chesbro said. “It’s hard to imagine what its staff was thinking with its earlier proposals in these economic times. The board’s new proposals must protect our water resources without overly burdening septic system owners.”
He added that too often the process takes place behind the scenes. “This time the Water Board needs to make sure the process is more transparent. This committee, on a bipartisan basis, will be monitoring the process. I have asked the Water Board to return late this summer for a progress report.”
The Environmental Safety and Toxic Materials Committee approved AB 580 (Huber), which addresses some of the concerns expressed about AB 885, Tuesday afternoon.
Chesbro said AB 580 will be available if needed if the Water Board’s new proposals aren’t what the committee is expecting.
“We passed this bill with a bipartisan effort and we will move it to the governor’s desk in a bipartisan fashion if we need to,” Chesbro said.
As his family looked on, James Roland Pagan, 32, stated “guilty” when Judge Arthur Mann asked him how he would plead to the charges of first-degree murder, with a special allegation of using a knife, and assault with a deadly weapon other than a firearm.
He had previously pleaded not guilty by reason of insanity, according to statements in court on Monday.
His defense attorney, Ken Roush, did not return calls from Lake County News seeking comment.
Pagan was accused of attacking Tessa Faith Walker, 10, and her sister, Kristen, 14, as the two girls walked through their Hidden Valley Lake neighborhood after getting home from school on March 21, 2008.
Tessa Walker died later the same day of of numerous stab wounds, while Kristen Walker was treated for a moderate stab wound, as Lake County News has reported.
Last September, following a preliminary hearing, Pagan had been ordered to stand trial on five felony counts, including the two he pleaded guilty to on Monday. No trial date had been set.
The other original counts – mayhem, attempted murder and inflicting injury on a child – were dismissed on Monday as part of the agreement reached between Roush and Chief Deputy District Attorney Richard Hinchcliff.
Pagan, was led into the courtroom wearing a red and white jail uniform with his hands secured by handcuffs to his waist.
“Do we have a disposition?” asked Mann, who presided at the preliminary hearing last fall.
Roush said yes, and asked permission to approach the bench, handing Mann a document several pages long.
Hinchcliff told the court that the evidence in the case was “overwhelming.”
“There's no evidence that the defendant wasn't the perpetrator of the crimes that he is admitting to,” said Hinchcliff.
Three doctors evaluated Pagan, Hinchcliff said, with all of them concluding he was sane at the time of the girls' stabbings.
Mann asked Pagan if he had gone over the plea agreement with his attorney. “Yes, sir,” Pagan responded.
The judge the proceeded to ask Pagan for his pleas on the homicide and assault with a deadly weapon counts, receiving guilty pleas to both, with Pagan also admitting to the special allegation of using a knife.
Mann then asked Roush if he was withdrawing the previous pleas of not guilty by reason of insanity. Roush said he was going to submit them.
During the hearing, Pagan also waived his right to have a jury determine his sanity at the time of the alleged stabbings. Roush and Hinchcliff also waived a jury determination on the subject.
Based on the findings of each of the three doctors who evaluated Pagan, Mann found that Pagan was not insane at the time of the offenses. “I'll accept the defendant's pleas,” he said.
Mann added that the court found that the first-degree murder of Tessa Walker was willful and premeditated.
He ordered a probation report to be prepared before the sentencing, which will take place on May 11 at 1:30 p.m.
Hinchcliff said after the brief court session that he and Roush had been working for several months on the plea agreement, but it wasn't until Monday morning that he received word that the defense planned to offer the guilty pleas.
Pagan is looking at a potential maximum of 30 years to life, said Hinchcliff. The best case scenario for Pagan is that he could receive parole in 28 years.
Hinchcliff said it's “very unusual” to have a guilty plea entered in a first-degree murder case.
“This just happened to be a case where the evidence of guilt was overwhelming,” he said, adding there wasn't anywhere for the defense to go with the case.
Tessa Walker's family has been invited to give victim impact statements at Pagan's sentencing next month, but Hinchcliff said he doesn't know if they'll attend. The Walker family issued a statement after the attacks last year, offering their forgiveness to Pagan.
Pagan, a student who had lived with his parents in Hidden Valley Lake near to the Walker family, had no previous local criminal cases except a May 2007 traffic ticket, as Lake County News has reported.
Hinchcliff said Pagan has never stated why he stabbed the two young girls. He added that Pagan was not found to be on drugs or alcohol at the time of his arrest.
Asked about a theory for the motivation behind the stabbings, Hinchcliff said he had his own ideas, based on his experience as a prosecutor.
“My theory would be that he did it to get attention,” Hinchcliff said.
E-mail Elizabeth Larson at
LAKEPORT – A 69-year-old motorcycle rider from Nice escaped serious injury after being involved in a collision with a pickup truck Monday afternoon in Lakeport.
Stephan M. Brooks was riding his 2001 BMW motorcycle southbound on Main Street just after 3 p.m. Monday, with Mike Maitland, also of Nice, traveling behind him in a 1999 Chevy Silverado pickup.
Maitland told Lakeport Police that Brooks suddenly applied his brakes and stopped just short of the intersection at Main and C Streets, which resulted in the pickup colliding with the back of bike.
Lakeport Police Lieutenant Brad Rasmussen told Lake County News that Brooks believed that he had seen a woman getting ready to cross the street at the west side corner of Main and C streets. Brooks did not see the woman actually step off the curb but he decided to stop to allow her to cross just before the truck struck him.
Traffic was diverted around the scene for 20 minutes while Lakeport Fire medical personnel examined the rider and police officials removed the downed motorcycle.
Brooks was able to stand and with some assistance and walked to the nearby sidewalk where the initial investigation continued.
Both parties were found to be in legal compliance of the law and no citations were issued on scene.
Brooks' bright yellow motorcycle suffered very minor damage, while the pickup had noticeable damage to the front grill and headlights.
Brooks was reluctant at first to accept the medic’s suggestion to have him transported to Sutter Lakeside for closer examination. After he was assured of the security of his newly acquired motorcycle he agreed.
Sutter Lakeside personnel told Lake County News that Brooks had been examined and released but would not release any other information regarding his condition.
Police were still on scene more than an hour later looking for witnesses and hoping to find the woman preparing to cross the street.
Rasmussen said that until all possible witnesses have been contacted and interviewed no immediate determination of fault could be made.
E-mail Harold LaBonte at
Marco Antonio Meza, 17, is facing a murder charge for the April 6 shooting death of 18-year-old Luis Suarez of Santa Rosa, according to Chief Deputy District Attorney Spencer Brady of the Sonoma County District Attorney's Office.
It's alleged that Meza shot Suarez in a driveby shooting, Brady said.
Meza was arrested by the Santa Rosa Police Department April 8 after being taken in for questioning with another man, 20-year-old Santa Rosa resident Fernando Mendoza. Mendoza was arrested on a parole violation.
A suspected Sureno gang member, Meza entered no plea during an appearance in Sonoma County Superior Court on Friday, Brady said.
The teenager, who Brady said will continue to be housed at Sonoma County's juvenile detention center despite being tried as an adult, is scheduled to return to court on Friday, April 17.
E-mail Elizabeth Larson at
MIDDLETOWN – The South Lake County Fire Protection District has a new piece of equipment in its arsenal.
On April 8, the district took delivery of a new Office of Emergency Services engine identified as OES-359.
This new engine was provided to the South Lake County Fire Protection District to utilize in response to California’s ever-increasing threat of fire and earthquake related emergencies.
The Office of Emergency Services provides the engine free of charge with the agreed upon understanding that should a catastrophic emergency arise within the State of California the South Lake County Fire Protection District will provide the staffing needed to respond.
The fire district can use the engine to augment its existing apparatus inventory in an effort to quell the threat of fire and other related emergencies locally.
“Our Fire District has been providing this needed staffing since 1971 upon signing our first agreement with Office of Emergency Services,” said Fire Marshal Dave Miinch. “Much appreciation goes out to our paid call fire staff who answer the call of duty when an emergency arises in the state of California. Several times each year this engine will be called upon to respond to emergencies and without the help of our Paid Call Fire Staff that wouldn’t be possible.”
This most recent delivery provided what is known as a Type I Fire Engine and a Type III Urban Search and Rescue Unit.
The new unit has the capability of delivering 1,250 gallons a minute with a tank capacity of 850 gallons of water. It carries specialized equipment, which can be utilized in the search and rescue of victims during earthquake emergencies and other related disasters.
“It’s one of the finest pieces of rescue apparatus I’ve seen in my fire service career of 22 years,” said Miinch. “The California Office of Emergency Services should be commended for providing such a quality piece of fire apparatus to protect the people of California from the threat of fire and other related disasters.”
Earlier this year the Water Board proposed new regulations under AB 885 (2000) that, among several new requirements, would have made regular inspections of septic systems mandatory.
After encountering severe opposition from septic system owners at a dozen workshops across the state, the Water Board decided to withdraw its proposals and start over. New proposed regulations are expected to be announced later this year.
The Committee will also take action on three proposed bills related to AB 885 at Tuesday’s hearing.
The Committee hearing is scheduled for 1:30 p.m. in Room 444 at the Capitol Building.
