Anderson Marsh State Historic Park is back on a proposed closure list released by state officials on Friday, May 13, 2011. Courtesy photo.

LOWER LAKE, Calif. – On Friday, the state announced a proposal to close 70 state parks, with the list topped by Anderson Marsh State Historic Park in Lower Lake.

The California State Parks Department said Friday that the closures are necessary to achieve an $11 million reduction in the 2011-12 fiscal year and $22 million in fiscal year 2012-13.

The cuts were mandated by AB 95, passed by the Legislature and signed by Gov. Jerry Brown in March, state officials said.

“We regret closing any park, but with the proposed budget reductions over the next two years, we can no longer afford to operate all parks within the system,” said California State Parks Director Ruth Coleman.

The 70 parks slated for closure out of a total of 278 were selected based on a variety of factors, officials said.

The closure methodology's three primary goals, according to the State Parks Department, included protecting the most significant natural and cultural resources, maintaining public access and revenue generation to the greatest extent possible, and protecting closed parks so that they remain attractive and usable for potential partners. The methodology was part of AB 95.

“Closing state parks is not a task that gives anyone joy, but we are experiencing turbulent times that necessitate deep – almost unthinkable – cuts to public services,” Gov. Jerry Brown said in a Friday statement released by his office. “I will work hard in the coming weeks to reach an agreement that will allow us to avoid deeper and more disruptive reductions.”

Anderson Marsh is the home of the Old Time Bluegrass Festival, which takes place each September as a fundraiser for local schools.

Lake County News was not able to reach representatives of the Anderson Marsh Interpretive Association for comment on Friday evening.

This is the third time since 2008 that Anderson Marsh has been included on a proposed park closure list. Each time volunteers and supporters have campaigned strenuously against the proposal.

The park, run mostly by volunteers, was estimated in a 2008 California State Parks Foundation report to be visited by more than 43,000 people annually, generating just over $2,000 in revenue each year.

Clear Lake State Park also had been included on a proposed 2008 closure list. Since then it has not been listed, as its revenue numbers are well over $300,000 annually with more than 100,000 yearly visitors.

Coleman, who visited Lake County April 2 for the dedication of the new Clear Lake State Park Education Pavilion – an effort spearheaded by the Clear Lake State Park Interpretive Association – said that the partnership between the state and the interpretive association “is the reason this park is still open,” as Lake County News has reported.

The California State Parks Foundation said Friday that it strongly opposes the proposed closures, which would constitute 25 percent of the entire park system and 40 percent of the state's historic parks, and affect parks in 36 of the state's 58 counties.

“Although park closures have been threatened before, this constitutes the first time in the 100 year history of California state parks that a serious, deliberate effort has been made to significantly reduce the state parks system,” said California State Parks Foundation President Elizabeth Goldstein. “The message to our children and grandchildren is that we can’t save their natural and historic legacy. They can no longer expect to have access to a public trust resource that should, by all rights, be theirs.”

Goldstein added that the proposal “shuts the door to a vital part of our economy. Closing these parks is going in the wrong direction.”

The list of parks proposed for closure around Northern California include Henry W. Coe State Park in Santa Clara County, which is the second largest state park in the entire state park system and the largest in northern part of the state; Annadel State Park and Jack London State Historic Park, the home of the native author and adventurer, in Sonoma County; Bale Grist Mill State Historic Park in Napa County; Benbow Lake State Recreation Area, Grizzly Creek Redwoods and Fort Humboldt State Historic Park in Humboldt County; Bidwell Mansion State Historic Park in Chico; Del Norte Coast Redwoods State Park in Del Norte County; the Governor's Mansion State Historic Park in Sacramento; William B. Ide Adobe State Historic Park and Woodson Bridge State Recreation Area in Tehama County; and Point Cabrillo Light Station and Jug Handle State Natural Reserve in Mendocino County.

Railtown 1897 State Historic Park in Tuolumne County, which the parks foundation said has served as a backdrop for more than 200 films, also was listed.

The State Parks Department said among the 208 parks that would remain open, the closure plan would preserve 92 percent of current attendance and 94 percent of existing revenues.

“With this announcement, we can begin to seek additional partnership agreements to keep open as many parks as possible,” said Coleman. “We already have 32 operating agreements with our partners – cities, counties and nonprofits – to operate state parks, and will be working statewide to expand that

successful template.”

However, the California State Parks Foundation said it questioned the state's ability to effectively close the parks proposed for closure.

Parks with nominal staffing already suffer vandalism, and the group said that fully shutting down

state parks will only make matters worse, and will threaten the preservation of vital resources.

The group invites community members to join its Save Our State Parks Campaign at www.savestateparks.org/ .

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On Thursday, May 12, 2011, a jury convicted Christopher Sanders, 30, of Clearlake of several felony counts related to the sexual abuse of his young stepdaughter. Lake County Jail photo.

CLEARLAKE, Calif. – A Clearlake man is facing up to 35 years in prison after a jury convicted him on Thursday of five felony counts relating to the molestation of his stepdaughter.

The jury returned the conviction on Christopher Adam Sanders, 30, whose trial began on April 20 before Judge Stephen Hedstrom in the Lake County Superior Court's Clearlake Division, according to Deputy District Attorney Edward Borg.

Sanders' attorney, Chris Andrian of Santa Rosa, did not return a call seeking comment.

Borg said the jury deliberated only a short time before finding Sanders guilty on all five charges against him, which included a lewd act with a child, two counts of lewd act with a child by duress, continuous sexual abuse of a child and statutory rape.

“It really didn't take much more than an hour for us to return a verdict,” said Esther Oertel, one of the trial's jurors who also writes the weekly “Veggie Girl” column for Lake County News.

“The jurors were all agreed pretty quickly,” she said.

During trial testimony, Sanders was alleged to have begun sexually assaulting his stepdaughter late in the summer of 2005, when she was 11 years old, Borg said.

Sanders reportedly told the child that if she reported the abuse she would be the one to get into trouble, and that she would be taken away from her mother and never see her mother again, according to Borg.

Borg said the sexual assault was alleged to have continued on a repeated basis until December 2008, when the victim was 15 years old.

The abuse came to light on Jan. 4, 2009, after the young victim had a conversation with a friend who also had been sexually assaulted. Borg said the girl then reported the ongoing abuse to her mother.

The abuse subsequently was reported to the Clearlake Police Department. Borg said then-Det. Tim Hobbs – since promoted to sergeant – led the investigation, which resulted in Sanders' arrest shortly after midnight on Jan. 5, 2009.

During an interview after his arrest, Sanders – who Borg said had been fully advised of his rights – admitted to investigators he had multiple sexual contacts with his stepdaughter, but claimed she had initiated the encounters.

At trial, Roberta Bell, a registered nurse who performed a forensic examination of the victim, testified that she observed abnormal findings which were consistent with the history of sexual abuse the girl described, Borg said.

According to Borg, District Attorney’s Victim Witness Department Victim Advocate Crystal Martin provided support to the girl throughout the trial, and District Attorney Investigator Von McPherson also participated in the investigation.

Borg said the trial had been delayed by about a week due to an initial juror shortage, but added, “Generally speaking, it went pretty smoothly.”

He said Sanders' family showed up to support him throughout the trial, and there were tensions and hard feelings between them and the family of the victim.

Out of concern that those tensions might turn into hostility during the verdict reading Thursday, Borg said Judge Hedstrom had requested extra deputies be on standby.

However, “Nothing much really happened,” said Borg, noting the bailiff was able to keep order.

Oertel said the six-man, six-woman jury – which ranged in age from a young woman in her 20s to a woman in her 60s – took their charge “very, very seriously,” and she was impressed by how hard they worked to reach a verdict.

“While it was a difficult trial to sit through because of the subject matter, we feel justice was done,” Oertel said.

Following the verdict, Sanders was taken into custody and booked into the Lake County Jail, Borg said.

Because of the nature of the charges, Borg said Sanders won't be eligible for probation.

Borg said Sanders will face between 15 and 35 years in prison when he appears before Hedstrom for sentencing at 1:15 p.m. July 1. Lake County Probation will prepare a report with sentencing recommendations.

Sanders will have to serve 85 percent of whatever sentence Hedstrom gives him because four of the five counts he's been convicted of are violent felonies, said Borg.

Borg said the District Attorney’s Office commended the girl for her courage in coming forward and testifying in open court regarding Sanders' abuses.

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KELSEYVILLE, Calif. – The Lake County Sheriff’s Office, the Lake County Sheriff’s Activities League and District 5 Supervisor Rob Brown have coordinated their efforts to complete a much-needed makeover of the Kelseyville Presbyterian Church Youth Center.

In March, Sheriff Frank Rivero met with Sheriff’s Activities League Program Director Dave Borjon and Board Secretary Mary Borjon during a board meeting to share his ideas about the program, according to a report from Capt. James Bauman.

Subsequent to that meeting, the Borjons asked for assistance from the sheriff’s office in repainting the interior of the youth center, which is primarily used by the Sheriff’s Activities League program for youth sporting and recreational activities, Bauman said.

Bauman said that soon after the Borjons’ request, Rivero offered the services of minimum security inmate workers from the Lake County Hill Road Correctional Facility to take on the project and repaint the interior of the Youth Center.

As sheriff’s correctional officers and the Borjons began planning and scheduling the work, Brown offered his assistance and donated all of the paint needed for the project, Bauman said.

In conjunction with Kelseyville School District’s spring break during the week of April 18, Bauman said a crew of inmate workers spent three days repainting the complete interior of the building under the supervision of correctional officers.

The Lake County Sheriff’s Activities League was established in 1997 and is funded through grants and fundraising activities that generate donations from private citizens and local businesses, according to Bauman.

He said the league provides Lake County youth with sporting and recreational programs that develop ethical conduct and self-confidence. Boxing, baseball, dance, kayaking, rock-climbing, cross-country bicycling, and computer classes are just a few of the programs offered through Lake County Sheriff’s Activities League.

The Lake County Sheriff’s Activities League is a nonprofit organization comprised primarily of community volunteers who devote their time to Lake County youth in promoting skill development and good citizenship. Bauman said members of the Lake County Sheriff’s Office also participate in Sheriff’s Activities League programs to promote a positive relationship between kids and the law enforcement community.

Anyone wishing to become a volunteer, or donate items to the Lake County SAL program, may contact Dave Borjon at 707-279-1050. Tax-deductible monetary donations can be sent to the Lake County Sheriff’s Activities League at P.O. Box 465, Kelseyville, CA. 95451.

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Michael Mitchell was arrested on several drug-related charges following the service of a search warrant at his home in Clearlake, Calif., on Thursday, May 12, 2011. Lake County Jail photo.

CLEARLAKE, Calif. – A Clearlake man who is the focus of several ongoing criminal cases has been arrested on drug-related charges following a search of his home this week.

On Thursday, May 12, Clearlake Police officers served a search warrant at the 19^th Avenue home of Michael Tremell Mitchell, 25, according to a report from Sgt. Tim Hobbs.

Hobbs said Officer Travis Lenz – one of two officers assigned to the Community Oriented Policing beat in which Mitchell’s residence is located – has taken numerous complaints in the past several months regarding allegations of disturbances and illegal sales of narcotics and controlled substances at Mitchell’s residence.

Court records show that Mitchell has 11 active criminal cases currently, and is named in a wrongful death civil suit regarding the November 2005 shooting death of Eric Moss, an incident which occurred during a house party. A criminal prosecution has so far not been filed in the case.

On May 2, Mitchell was arrested for allegedly being a felon in possession of a firearm, a restrained person in a restraining order in possession of a firearm and possession of a concealed firearm in a vehicle, Hobbs said.

Based on that May 2 arrest, Lenz obtained a search warrant that authorized a search of Mitchell and his residence for firearm-related items, Hobbs said.

During the search no firearm related items were located, however Hobbs said large amounts of marijuana, methamphetamine, ecstasy, drug paraphernalia, scales, packaging material and a deadly weapon – a billy club – were located.

Det. Ryan Peterson, who Hobbs said was assisting Lenz with the search, obtained an additional search warrant that authorized the seizure of marijuana, methamphetamine, ecstasy, drug paraphernalia, scales, packaging material and deadly weapon.

Mitchell was booked into the Lake County Jail for possession of a controlled substance (methamphetamine), possession of a controlled substance (ecstasy), possession of marijuana for sales, cultivation of marijuana and possession of drug paraphernalia, Hobbs said.

A bail enhancement to $250,000 was obtained on Mitchell, who remained in the Lake County Jail on Saturday.

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The sunrise ceremony will begin at 5 a.m. near the Bloody Island site, located off of Reclamation Road near the Bloody Island marker, a mile and a half east of Upper Lake. Drive a quarter of a mile down Reclamation Road and park on the roadside.

Organizers say the event is held to honor the Pomo Indian people who were killed by US Army forces in May of 1850.

The massacre was in retaliation for the December 1849 murders, on the other side of the lake in what is now Kelseyville, of Andrew Kelsey and Charles Stone, who had brutalized local Indians.

According to historical accounts, some of those Indians fled to the Bloody Island area – known as “old island” or Badon-napo-ti – which was the site of an established village.

Captain Nathaniel Lyon led a US Army company to Lake County in the spring of 1850 to punish Chief Augustine's band of Pomos for Stone's and Kelsey's deaths.

They didn't find the band in Big Valley, and then traveled to Upper Lake, where they found and attacked the band at Bloody Island using whaleboats and two small brass cannons from the Benicia Army arsenal, according to historians.

The estimated number of casualties is between 60 and 100, based on varying accounts.

The Saturday ceremony will be followed by a potluck breakfast with speakers and dancers at the Oddfellows Hall in downtown Upper Lake.

The community also is invited to participate in an all-night campout and dancing ceremony on Friday, May 13. Meals will be served at 6 p.m. and midnight, with a fire at 9 p.m. To get to the camp area, enter Robinson Rancheria on Pomo Way, go to end of road and turn left

Following the Saturday events, dancing at rancheria will continue from 1 p.m. to 9 p.m.

For more information, to donate or to be part of the agenda, contact Clayton Duncan at 707-274-6788 or This email address is being protected from spambots. You need JavaScript enabled to view it..

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LAKE COUNTY, Calif. – The Lake County Superior Court is seeking at least 30 applicants willing to serve as jurors and alternates on the 2011-12 Lake County Grand Jury panel.

The 19-person grand jury is selected from the different supervisorial districts in proportion to the population of each district.

The grand jury serves as the public’s “watchdog” by investigating and reporting upon the affairs of local government.

The term of service runs from July 1, 2011 to June 30, 2012, and may entail from 10 to 20 hours of work per week attending committee and general meetings, responding to citizens’ complaints, performing research, and investigating the operations of governmental agencies and allegations of wrongdoing by public officials or employees.

The court is looking for applicants in good health who are interested in community affairs, are objective, and are able to work cooperatively with others.

Experience in researching, interviewing, writing and editing, and/or auditing is desirable and having a general knowledge of the responsibilities and functions of governmental and other public entities is helpful.

A grand juror must be a U.S. citizen, age 18 or older, speak English, be a resident of California and Lake County for at least one year prior to selection, and not hold an elected office or have any felony convictions.

Applications may be obtained at www.lake.courts.ca.gov or by mailing a letter with a self-addressed, stamped envelope to the Grand Jury Coordinator, 255 N. Forbes, Fourth Floor, Lakeport, CA 95453. Applications are also available at each Superior Court Clerk’s Office; located at 255 N. Forbes, Fourth Floor, in Lakeport, or at 7000 A South Center Drive, in Clearlake.

Applications must be received by June 15, 2011.

Personal interviews will be scheduled prior to final selection.

If you are interested, please apply. If you are not interested, but know someone who may be, please let them know of this opportunity.

Further information may be obtained by calling the Grand Jury Coordinator at 707-263-2282.

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Lake County Sheriff's Special Enforcement Detail K-9 narcotics detection teams seized cocaine, methamphetamine and cash during two felony arrests on Thursday, May 12, and Friday, May 13, 2011. Photo courtesy of the Lake County Sheriff's Office.

LAKE COUNTY, Calif. – The work of Sheriff's Special Enforcement Detail K-9 narcotics detection teams led to the arrests of two local men and the seizure of cocaine, methamphetamine and money this week.

Joseph Lee Williams, 61, of Clearlake and 57-year-old Luther Gene Weathers of Clearlake Oaks were arrested on drug-related charges, according to Capt. James Bauman of the Lake County Sheriff's Office.

Bauman said that on Thursday, May 12, at approximately 4:40 p.m., a Sheriff’s K-9 team assigned to the Sheriff's Special Enforcement Detail stopped a black Chevy Camaro being driven by 52-year-old Cheryl Denise Lewis on Old Highway 53 in the city of Clearlake.

Lewis did not have a valid driver’s license but Williams, who was riding as her passenger, told the deputy he possessed a valid license, Bauman said.

While waiting for sheriff’s dispatch to confirm his license was valid, Williams consented to a search. Bauman said Williams began removing articles from his pockets and was found to have a quantity of “crack” cocaine in one of his pants pockets.

Joseph Williams, 61, of Clearlake, Calif., was arrested for allegedly being in possession of crack cocaine on Thursday, May 12, 2011. Lake County Jail photo.

Williams was arrested and booked at the Lake County Hill Road Correctional Facility for possession of a narcotic controlled substance. He later posted the $10,000 bail and was released, according to jail records.

On Friday, May 13, at approximately 1:30 p.m., Sheriff's Special Enforcement Detail deputies were patrolling the Clearlake Oaks area when they spotted Weathers driving his blue Ford pickup truck on Third Street near Keys Boulevard, according to Bauman.

Deputies knew Weathers’ driver’s license had been suspended and initiated a traffic stop, Bauman said. As Weathers stopped his truck, he abruptly got out and ran around the truck with his hand in his pocket in an apparent attempt to conceal or dispose of contraband.

Weathers was detained and determined to be under the influence of a controlled substance. Bauman said deputies searched Weathers and recovered a bag of methamphetamine and a glass “meth” pipe from his pants pocket. More than $600 also was seized from Weathers as the suspected profits of drug sales.

Due to the furtive movements Weathers made when he exited the truck, Bauman said deputies searched the area around the truck and located a white plastic cylinder in the grass approximately 15 feet from the truck. The cylinder was believed to have been tossed by Weathers and deputies found that it contained over a third of an ounce of methamphetamine packaged in several plastic bags.

Luther Weathers, 57, of Clearlake Oaks, Calif., was arrested for charges including allegedly being in possession of drugs and drug paraphernalia, and being under the influence of a controlled substance. Lake County Jail photo.

Weathers was transported to the Lake County Hill Road Correctional Facility where he was booked for possession of a controlled substance, possession of a controlled substance for sales, transportation of a controlled substance, possession of narcotics paraphernalia, and being under the influence of a controlled substance, Bauman said.

Weathers was arrested on March 14 for similar offenses when a search warrant was served at his home by the Sheriff’s Narcotics Task Force, Bauman said. A quarter ounce of methamphetamine, numerous narcotic medications, and over $1,000.00 in currency were also seized during that arrest.

He was out of custody on bail from that arrest when deputies stopped him on Friday. Bauman said that due to multiple prior arrests for sales of controlled substances, Weathers remained in jail on Friday with an enhanced bail of $150,000.

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Assemblyman Wesley Chesbro, left, and Humboldt Marine Logistics President Stephen Pepper discuss the creation of a Pacific Coast marine highway at the 11th Annual California Maritime Leadership Symposium Wednesday, May 11, 2011, at the Sacramento Convention Center. Courtesy photo.

SACRAMENTO – Assemblyman Wesley Chesbro (D-North Coast) and Humboldt Maritime Logistics President Stephen Pepper were featured speakers on the topic of creating a Pacific Coast marine highway at the 11th Annual California Maritime Leadership Symposium Wednesday in Sacramento.

A marine highway on the West Coast would “save 5.4 million gallons of diesel fuel a year compared to transporting goods the same distance by truck,” said Chesbro, who served as moderator of a panel that that explored the role of the state and federal governments in support of maritime commerce.

“It would also eliminate 60,000 metric tons of CO2 from the atmosphere per year, decrease greenhouse gas emissions by 68 percent, eliminate 34 million truck-travel miles per year, help decrease our dependence on foreign oil and directly work to create jobs,” Chesbro said.

A Pacific Coast Marine Highway, servicing U.S. ports from Canada to Mexico has long been a dream of Stephen Pepper of Arcata, whose Humboldt Marine Logistics won a $275,000 award from the U.S. Department of Transportation to develop a West Coast Hub-Feeder Project.

The project, which Pepper named Blue Coast Intermodal, is a public-private partnership sponsored by the Humboldt Bay Harbor Recreation and Conservation District (HBHRCD).

This marine highway venture will use marine barges to freight goods in and out of secondary ports on the Pacific Coast.

Pepper said he envisions Humboldt Bay and Long Beach becoming the first two terminals.

This mode of shipping has the potential to save West Coast businesses a lot of money compared to over-the-highway trucking, but it also gives “shippers a way to move cargo that is more environmentally responsible when coupled with clean Diesel technologies in the ports,” Pepper said.

Also attending the Symposium were HBHRCD commissioners Mike Wilson and Richard Marks and CEO David Hull.

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Retired Superior Court Judge Arthur Mann sentenced Thomas Loyd Dudney, 60, of Fulton to four 25-to-year life terms and additional time for a series of felony charges a jury convicted him of in March for the attack on Ronald Greiner.

Dudney and an accomplice whose identity has not been confirmed allegedly broke into Greiner's home on S. Main Street in Lakeport early on Oct. 20, 2009, beating him so severely that he suffered numerous broken bones to his face and torso, shooting him several times, stabbing him and leaving him hogtied with barbed wire before stealing 12 marijuana plants from him, according to the investigation.

Dudney was convicted of attempted murder, mayhem, torture, robbery, burglary, assault with a firearm, assault with a blunt force object, assault with force likely to cause great bodily injury, battery with serious bodily injury, participation in a criminal street gang, and five special allegations that included infliction of great bodily injury and gang enhancements, as Lake County News has reported.

Just how much time he will serve is still being sorted out, according to Deputy District Attorney Art Grothe and defense attorney Doug Rhoades.

They said Mann didn't announce a total time amount, but ordered a number of concurrent and consecutive terms based on Dudney's convictions.

Grothe said Dudney received at least four consecutive 25-year-to-life terms plus additional time, which he and Victim-Witness Division staff estimated ran somewhere between 116 and 131 years.

Mann gave Dudney “the aggravated term” due to lack of remorse, viciousness, callousness and a lengthy criminal record going back to 1968, Grothe said.

“The sentence exceeds more than 20 years and anything in addition to 20 years is effectively a life sentence for him,” said Rhoades.

Rhoades said the initial recommendation for Dudney's sentencing was 184 years to life, which Mann reduced substantially.

“Mr. Dudney is grateful to Judge Mann for the imposition of sentence as he found it appropriate,” said Rhoades.

Rhoades said he wasn't surprised at the sentence based on the number of counts and enhancements.

During his statements to the court at the sentencing, Grothe argued that Dudney was motivated by revenge, intimidation, profit and gang standing.

He said that the best characterization of Dudney's life and conduct was contained in the business card in his wallet that said, “Misfits: “We’re not prejudiced, we hate everyone.”

Greiner was in court for the sentencing. Grothe said a Victim-Witness advocate read Greiner's statement to the court into the record.

Dudney also read a two-page statement in which he blamed Greiner for the incident because of marijuana growing, said Grothe, who characterized it as an “in your face” statement that ended with Dudney telling the court, “Have a nice day.”

While Dudney originally had several codefendants in the case, charges were dropped against all of them due to lack of evidence.

Grothe said investigators are still looking into the possibility of new evidence developing against one or more other individuals. Dudney has refused to identify anyone else, and Greiner called on him to do so in his written statement.

Rhoades said Dudney has continued to maintain his innocence.

“An appeal was filed today before court was concluded,” said Rhoades, adding that an appeal with a sentence such as Dudney received “is virtually automatic.”

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The reserved life estate is an example. You retain the use of the property during the remainder of your lifetime while giving the property away. Let’s examine the life estate.

One may transfer his or her real property (while alive) and keep the right to use, live-in and rent the same property for the rest of one’s lifetime. The gift is completed (irrevocable) when made. And so, like any other lifetime gift, avoids probate at one’s death.

While alive, the life estate owner remains responsible for the property’s upkeep and paying the real property taxes. The grantee who takes subject to the reserved life estate, i.e., the “remainderman,” has a vested legal ownership right.

If the remainderman predeceases the life tenant then that vested ownership remains part of his or her estate, or part of a living trust estate if conveyed by the remainderman into a probate avoidance living trust, and passes to his or her heirs or beneficiaries.

No reassessment of real property taxes occurs during the life tenant’s life. If the remainderman is a surviving child or spouse then the applicable exclusion prevents subsequent reassessment for property taxes.

Nowadays, the life estate has lost much of its usefulness and appeal due to the advantages of the living trust. But, in certain situations the life estate can provide a better solution.

Most importantly, under current law, a person receiving Medi-Cal can transfer his or her home subject to a retained life estate. Doing so will avoid Medi-Cal estate recovery against the transferred home after death, under present law.

When the life estate terminates Medi-Cal cannot recover against the home because ownership was transferred during life; typically to the surviving children.

If one knows, as close to an absolute certainty as is humanly possible, that he or she will continue to live in his or her residence till death; that he or she will not change his or her mind about who should inherit the house; that he or she will not need to tap into an equity line of credit on the house, or a reverse mortgage, to supplement his or her income; and that transferring ownership outright to the intended beneficiaries will not have negative implications for them in the future; then transferring the home subject to a retained life estate may be desirable as a simpler and less costly solution than the living trust.

Unfortunately, such absolute certainty is seldom possible.

Typically, the living trust approach is far superior to the retained life estate because of its flexibility. The trust approach is much more flexible and forgiving because a living trust allows the following major options (not found in the retained life estate approach): selling the home if necessary or desirable (e.g., relocating); using the equity in the residence to live-on; and changing who inherits the house, and under what terms, as family circumstances evolve.

In sum, under existing law, the reserved life estate is sometimes relevant as an important Medi-Cal planning tool, but it is not typically a desirable estate planning tool, given the flexibility of the living trust.

The decision to use any estate planning approach requires careful examination of one’s own particular circumstances and objectives.

This should be done in consultation with a qualified estate planning attorney who can evaluate and advise as to different available options, and who can properly implement any chosen solution.

Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235.

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The California Department of Education's latest Academic Performance Index report lays out the testing goals for schools in the coming year, and in doing so shows a mix of strong performances and academic challenges across Lake County's districts and schools.

The report, released May 5, marked the beginning of a new reporting and testing cycle, according to State Superintendent of Public Instruction Tom Torlakson.

“This is the jumping-off point where, based on last year's testing results, schools are given a number of points by which they must grow in order to satisfy the requirements of our state accountability system,” Torlakson explained.

The API data can be found at www.cde.ca.gov/ta/ac/ap/index.asp.

The May 5 Base API Report includes the Base API, growth targets and school ranks, the state said. The Growth API Report, which will be released in early fall, includes the Growth API, growth achieved, and whether or not targets were met.

According to the Department of Education, it is the Growth API Report that will come out in the fall that determines whether a school met or exceeded its growth target and whether it may be identified for participation in state intervention programs designed to help a school improve its academic performance.

Tim Gill, senior director of education services for the Lake County Office of Education, said the scores used to establish the schools' goals were from tests students took from mid-April to early May of 2010.

“I believe that there is a lot of optimism in the county this year regarding the tests,” Gill said. “I'm optimistic that we're going to see some big jumps in the API across the county this year.”

He said local schools did a fantastic job of preparing students this year. Despite economic hardships and dwindling resources, “Our teachers and schools are still getting after it and working really hard.”

Gill said the Lake County Office of Education offers districts technical assistance around the entire testing system, helps schools align their curricula with testing blueprints and design tests to give reliable information on how students are doing on the standards.

“I'm kind of the interpreter of the system and I help everyone understand it,” he said, explaining that he goes through the hundreds of pages of reports to assist principals and administrators understand the information, since most local schools don't have specialists to devote to such in-depth analysis.

Gill said the testing has several “performance bands” – advanced, proficient, basic, below basic and far below basic.

In the last three to four years, local schools been doing a good job of reducing the number of students in the bottom two bands, below basic and far below basic, Gill said.

He said all of the schools have interventions in place for students who need help to improve their understanding of the core subjects.

The API has set the score of 800 and above as statewide performance target.

Based on the 2010 API scoring, several local schools have achieved that goal, including Rivera Elementary School in Kelseyville, with 805; Coyote Valley Elementary in Middletown, with 827; Middletown Middle School, with 810; and Cobb Elementary School, at 900.

Cobb Elementary has been the county's top scoring school for the last three to four years, said Gill, explaining that they're focused on standards and following the testing blueprints. Schools that pay attention to that information do well on the test.

Gill said the school also has a lot of advanced students to do so well.

Middletown Unified School District Superintendent Dr. Korby Olson noted, “Cobb is unique.”

He credited the school's “very veteran staff” with many years of hard work to implement the standards.

“We've got some outstanding teachers in the classrooms up there,” he said, adding, “We've brought some of those same things to the other schools.”

Lakeport Unified also showed strong growth amongst its schools.

“Our teachers and administrators are very proud of the academic growth our students made on the API last year because all of our district schools are getting close to achieving the statewide performance target of 800,” said Lakeport Unified Superintendent Erin Hagberg. “Their success is a result of great teaching and hardworking students.”

Understanding the rankings

The Department of Education said that a school's statewide rank is based on the school's Base API and is calculated separately for three types of schools – elementary, middle and high schools.

Ranks are established by deciles, with each decile containing 10 percent of all schools of each type. The agency said there always will be schools ranked 1 and schools ranked 10 because of the nature of the decile system.

A 10 ranking is best, down to the lowest ranking, 1. Cobb Elementary had a 9 ranking, the highest countywide.

Clear Lake High School in Lakeport, which the state recently named a distinguished school, had a base API score of 791 and was ranked 8, the highest ranking for a high school in the county.

Coyote Valley and Middletown Middle School each were ranked in the 7 decile, as was Middletown High School, with a 776 base API.

In the Konocti Unified School District, Lower Lake High had a 3 rank, the best for the district, followed by Pomo Elementary with a 2. The rest of the district's schools had 1 rankings, the lowest on the scale.

Upper Lake Elementary and Upper Lake Middle School both had 2 rankings, while Upper Lake High ranked 4, and Lucerne Elementary was ranked at 3.

In Kelseyville, Riviera Elementary was ranked 6, Mountain Vista Middle School 4, Kelseyville High 3, and Kelseyville Elementary, 2.

Besides Clear Lake High's strong 8 ranking, Lakeport Unified's schools showed mid-range scores, with Lakeport Elementary, Terrace Middle School and Lakeport Alternative all were ranked at 5.

In Lakeport, Hagberg noted, “As a district, we will continue to focus on narrowing the achievement gap in our English Learners and socioeconomically disadvantaged students.”

Schools don't have to just meet state guidelines – they also have federal performance expectations.

Olson said Minnie Cannon Elementary, which has a 1 ranking and a 2010 base API of 682, has entered program improvement under federal – not state – guidelines.

“I really like accountability. I think it's a good thing,” he said, but noted that federal accountability doesn't take into account improvement and growth.

He suggested that it's going to be impossible to meet some of the performance standards set to take effect in the next few years, and that could result in more schools following Minnie Cannon into that government-mandated performance monitoring.

The impact of the tests

Since the testing started in 1999, some critics have claimed that meeting the standards is more an issue of teaching to the test than truly improving education.

“Opponents of the testing system are correct when they say that it's a snapshot of what students can do,” said Gill. “It's one day.”

He said no one can argue that what's tested is not valuable, although he said many teachers feel like they can't do all the things they would like to do for students because of the need to focus on the specific standards.

“The standards movement has definitely raised expectations for students across the board,” he said. “What does it do for our students? I think that's harder to say.”

At the same time, Gill said that even in the face of tough economic times, when colleges and universities are cutting back on the number of slots for incoming students, the number of Lake County students accepted to universities is growing.

He said at a recent university admission reception 124 students accepted to four-year colleges and universities were honored. Gill estimated that's about 29 more than the previous year.

Is that because of the testing?

“I don't know about that,” he said, although he pointed out that when the tests began in 1999 this year's graduating seniors would have been in kindergarten.

After more than a decade of working on state standards, there's a big change on the horizon for teachers, students and schools when it comes to testing, Gill said.

“Two to three years out from today, we're going to see a big overhaul to the system again,” he said.

Gill said schools are just now starting to take a closer look at the new standards to explore the differences.

From the math side, Gill said the new standards will shift from a focus on students being procedurally proficient to having a deep understanding of the fundamental concepts of mathematics.

“It's going to be a big challenge for our schools to make this adjustment,” he said.

There will be teacher training, new textbooks written to the standards and the requirement that the tests be taken online to give instant feedback, rather than having to wait four months for test results, according to Gill.

Both Olson and Hagberg said their respective districts are looking at the standards ahead as they're working to meet the current expectations.

“We're refining what we do every day,” said Olson.

Said Hagberg, “Although I support the concept, schools do not currently have the resources to begin preparing for the shift to national core standards. I do not understand how the state or federal governments can expect districts to make that transition with the tremendous cuts that have been made to school budgets.”

E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews , on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

May 2011 - Lake County API Scores

Ralph Bullard, 75, of Lakeport was injured in the single-vehicle collision, which took place on Highway 29 just south of Park Way at about 1:20 p.m. Sunday, May 8, according to CHP Officer Steve Tanguay.

Tanguay said Bullard was driving southbound on Highway 29 when his 2006 Hyundai Sonata shot across the opposite lanes, drove through a fence, went across another road and finally stopped when he hit another fence.

Initial CHP incident reports said that Bullard was suffering from chest pains and was bleeding from the nose.

Tanguay said Bullard suffered serious injuries and was flown by REACH air ambulance to Santa Rosa Memorial Hospital.

Officer Josh Dye is investigating the collision, Tanguay said.

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