Wednesday, 12 June 2024

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The great blue heron is one of the stars of the annual Heron Festival, scheduled to take place Saturday, April 24, and Sunday, April 25, 2010. Courtesy photo.

 


CLEAR LAKE STATE PARK – The 16th-annual Heron Festival and Wildflower Brunch, presented by the Redbud Audubon Society and the Clear Lake State Park Interpretive Association, will be held April 24 and 25 at Clear Lake State Park in Kelseyville.


The event is a fun, family-oriented weekend that features pontoon boat tours, birding and nature walks, exhibits, nature talks, and children’s activities.


The annual Wildflower Brunch, prepared by the Clear Lake State Park Interpretive Association, will be held on Saturday, April 24, from 9 a.m. to noon. It features a build-your-own omelet with choice of fillings, served with pastries, fruit, and coffee. The cost for the brunch is $15.


Advance brunch reservations and payment are requested and may be made online beginning March 1 by visiting www.heronfestival.org or by calling 707-263-8030.


On Saturday and Sunday, pontoon boat excursions will take visitors along the shoreline of Clear Lake to view nesting herons, egrets, grebes and other shorebirds.


The 90-minute boat trips will be offered hourly from 8 a.m. to 3 p.m. Experienced Audubon birding guides will accompany each boat to share information about the birds and wildlife seen on each trip.


The pontoon boat excursions will leave from the Clear Lake State Park marina; cost is $15 per. Advance reservations are required and may be made online after March 1 by visiting www.heronfestival.org or by phone at 707-263-8030.


The Visitor Center at Clear Lake State Park will be open from 10 a.m. to 4 p.m. on Saturday and Sunday.


Throughout the weekend, the Visitor Center Auditorium will feature speaker presentations, slide shows, and videos on local birds and wildlife. Topics will range from the weekend’s featured herons, wildflowers, and hummingbirds.


The center features interpretive displays of Lake County’s natural and cultural resources including an erupting volcano, a Pomo Indian village, a mountain lion cave, and dioramas of the woodland and riparian habitats in the park. The gift shop offers educational and entertaining nature items.


Nature and bird walks will be led by local park docents and Audubon guides who are specialists in the park’s birds and wildlife. A nature fair with over 40 outdoor exhibit booths will present conservation and nature displays, educational materials, and nature-related arts and crafts.


Another highlight of the weekend, especially for children, is “Raptor Speak,” where live owls and other birds of prey join Curator Jenny Papkas from Native Bird Connections to offer an opportunity to see raptor behavior up close. Learn about these lively non-releasable raptors in a fun and informative talk and bird demonstration which is offered twice on Sunday.


Dr. Harry Lyons, Professor of Biology and Ecology at the Clear Lake Campus of Yuba College, offers an entertaining program on Sunday that mixes biology, music, and humor to tell the story of Clear Lake.


In “Myths and Music of Clear Lake,” Dr. Lyons gives the history and biology of the lake’s more than 2 million years of existence and the importance of its ecosystem to the birds, fish, and wildlife of Lake County.


During Heron Festival weekend, admission to Clear Lake State Park is free. Except for the boat rides and brunch, all other festival activities also are free.


Camping sites are available through the State Park reservation system. Local resort, motel, and bed-and-breakfast information is available through www.lakecounty.com or by calling 800-525-3743. For more information, visit www.heronfestival.org or call 707-263-8030.


For visitor information, contact the Lake County Visitor Information Center at 800-525-3743 or www.lakecounty.com .


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LAKE COUNTY – Candidates for local government races turned in signatures to qualify for lower filing fees this week and are preparing for final candidacy filings due next month.


Thursday was the deadline for those candidates wanting to submit signatures in-lieu petitions to cover all or part of their filing fees, based on a Lake County Registrar of Voters Office calendar. The filing period for gathering those signatures began Jan. 4.


Races on this year's ballot are sheriff, district attorney, supervisorial seats for Districts 2 and 3, superintendent of schools, assessor-recorder, county clerk-auditor and treasurer-tax collector.


All candidates for those races are now preparing to submit declaration of candidacy and nomination papers, which Registrar of Voters Diane Fridley said are due March 12.


Fridley said each candidate must have a minimum of 20 signatures on their candidacy nomination forms. Those forms are separate from the in-lieu petitions, which reduce the fees candidates have to pay.


Filing fees for the various offices are based on the office holder's salary, Fridley said.


The following is a breakdown of the salary for each office, filing fee (based on 1 percent of the office's annual salary), the number of signatures needed to completely cover the fees and the value of each signature, which varies according to the office:


  • Superintendent of schools: entry level salary, $108,365; in-lieu filing fee, $1,083.65; signatures, 3,293; each signature's value, $0.32908.

  • Assessor-recorder: salary, $88,007; in-lieu filing fee, $880.07; signatures, 3,293; each signature's value, $0.26726.

  • County clerk-auditor: salary, $90,207; in-lieu filing fee, $902.07; signatures, 3,293; each signature's value, $0.27394.

  • District attorney: salary, $109,647; in-lieu filing fee, $1,096.47; signatures, 3,293; each signature's value, $0.33297.

  • Sheriff-coroner: salary, $106,973; in-lieu filing fee, $1,069.73; signatures, 3,293; each signature's value, $0.32485.

  • Treasurer-tax collector: $85,912; in-lieu filing fee, $859.12; signatures, 3,293; each signature's value, $0.26089.

  • County supervisor, District 2: salary, $57,690; in-lieu filing fee, $576.90; signatures, 552; each signature's value, $1.04511;

  • County supervisors, District 3: salary, $57,690; in-lieu filing fee, $576.90; signatures, 649; each signature's value, $0.88890.


On Friday, Fridley and her staff had a raw count of all the signatures turned in by the candidates on Thursday. She said her office has 10 days to verify all the signatures, but they hope to have that work completed by the middle of next week.


She said if any of the signatures are thrown out in the verification process, the candidates have the opportunity to collect replacement signatures.


The raw, unverified counts of the signatures gathered by the candidates in each race follow.


Superintendent of schools


Wally Holbrook: 1,053

Judy Luchsinger: 356


Assessor-recorder


Doug Wacker (incumbent): 54


County clerk-auditor


Pam Cochrane (incumbent): 90


District attorney


Don Anderson: 249

Jon Hopkins (incumbent): 272

Doug Rhoades: 43


Sheriff-coroner


Jack Baxter: 56

Martin McMarthy: Did not take out in-lieu petition

Rodney Mitchell (incumbent): Did not take out in-lieu petition

Francisco Rivero: 1,182


Treasurer-tax collector


Sandy Kacharos (incumbent): 77


County supervisor, District 2


Jeff Smith (incumbent): 26

Joyce Overton: 176


County supervisor, District 3


Gary Lewis: 37

Denise Rushing (incumbent): 507



Those candidates who didn't submit signatures, such as Mitchell and McCarthy in the sheriff's race, can instead pay the filing fees – which Fridley said Mitchell did on Friday – and then submit nomination papers with at least 20 signatures by the March 12 deadline.


The March 12 date is the big one, said Fridley. Once candidates have their nominating signatures, pay their filings fees and submit their declarations of candidacy by that date, “They're on the ballot.”


On March 22 candidates also will be required to file financial reports for the period from Jan. 1 through March 17, Fridley said.


Some candidates already have made financial reports for the period from July 1, 2009, through Dec. 31, 2009.


Fridley said those candidates reporting receipt of funds during that period are as follows:


  • Wally Holbrook: $690 in monetary contributions, $1,000 loan (from himself); expenditures, $1,110.48.

  • Rod Mitchell: $2,399 in monetary contributions, $32.61 in nonmonetary contributions; expenditures, $180.

  • Francisco Rivero: $50.22 in monetary contributions, $2,499 loan (from himself); expenditures, $843.31.

  • Jeff Smith: $396 in monetary contributions; expenditures, none.

     

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 and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

CLEARLAKE – A Clearlake home suffered major damage Saturday due to a structure fire.


The fire occurred at an older, stick-built residence located at 3759 Buckeye St.


Firefighters were dispatched to the scene shortly before 11 p.m.


Lake County Fire Protection District firefighters, with assistance from Cal Fire, arrived on scene within five minutes of the call to find that the home was about 60- to 75-percent involved, said Lake County Fire Protection Battalion Chief Willie Sapeta.


Sapeta said 18 firefighters, along a Lake County Fire Protection engine, a water tender, two medic units, a battalion chief and one Cal Fire engine responded.


“We had the fire controlled in about 20 minutes,” he said, adding that the fire was confined to the residence and didn't damage any other structures nearby.


The blaze was an accident, which Sapeta said was triggered by a grease fire that rapidly involved the entire kitchen.


Damage spread to about 75 percent of the residence, he said.


The home's two residents escaped uninjured with three of their cats, although Sapeta said they lost a fourth cat in the fire.


Overhaul and salvage at the site kept firefighters on scene until about 1:30 a.m. Sunday, he said.


The Red Cross arranged for temporary housing for the home's occupants because of the damage resulting from the fire, Sapeta said.


Sapeta estimated the damage to the home to be between $60,000 and $80,000.


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 and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

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American Legion Tredway Post 194 Commander Jim Merriman speaks at the post's 90th birthday celebration on Thursday, February 25, 2010. Photo by Ginny Craven.


 


 



KELSEYVILLE – It was a great time for a celebration on the evening of Feb. 25, when Tredway Post 194 of the American Legion celebrated its 90th birthday with about 75 in attendance.


Commander Jim Merriman welcomed the members and guests, including several members of the Military Funeral Honors Team of Lake County.


Bugler Boyd Green sounded Church Call and Chaplain Woody Hughes gave opening remarks, including an adaptation of Dan Valentine’s “What Is a Veteran.”


Merriman and Roy Pearson, a member since 1946, recounted some of the storied history of Tredway Post 194.


The Tredway Post was chartered with 15 members on Feb. 5, 1920, just five months after the American Legion itself was chartered.


Merriman quipped, “One of our members said ‘they weren’t fast enough to build a fence to keep us out.’”


The post was named in honor of Will Tredway, the first Lake County resident killed in World War I. Tredway was killed in action in France at the age of 21. He was buried there.


To this day, the Tredway family has a standing annual reservation for the post building on Easter weekend for a family reunion.

 

 

 

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Chaplain Woody Hughes gave opening remarks in honor of American Legion Tredway Post 194's 90th birthday on Thursday, February 25, 2010. Photo by Ginny Craven.
 

 

 


The original meeting site for Post 194 was in a different Kelseyville location, consisting of an open air type of covered patio. The current building was erected between 1928 and 1930.


Local men transported gravel by wagons and horse teams from a nearby creek. They then made concrete in troughs and built the sturdy structure that remains today.


Merriman said he could personally attest to the hand mixed old fashioned concrete. During expansion projects, he has cut into the thick walls, finding sticks, grass and other debris.


In 1925, the Post 194 Women’s Auxiliary was formed but did not continue. That segment of the post was revived and chartered March 1, 1969 with Betty Franklin as President. Today, local auxiliary members continue to work side by side with the Legion members.


In speaking of Past Commanders, Jim Merriman said, “It makes you want to stand tall and be proud.” He added, “To follow in their footsteps.”


American Legion Tredway Post 194 is accepting new members to the general membership and auxiliary. You may contact Commander Jim Merriman at 707-279-2411 or for auxiliary membership Tressa Merriman at 707-279-4517.


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Lake County Veterans Service Officer Jim Brown (right) and Bob Penny, the county's assistant veterans service officer, were on hand for American Legion Tredway Post 194's 90th birthday on Thursday, February 25, 2010. Photo by Ginny Craven.
 

LAKEPORT – Licensed vocational nurses, certified nurse assistants, emergency room technicians and other caregivers who are members of Service Employees International Union, United Healthcare Workers-West (SEIU-UHW) at Sutter Lakeside Hospital have ratified a new union contract that will help the local hospital maintain high standards for patient care.


The three-year contract, ratified overwhelmingly Wednesday night, covers 140 staff and includes raises of up to 9.27 percent compounded over the next three years, improved health insurance – including, for the first time, a fully employer paid family health care option – job security and a ban on subcontracting jobs, according to a union statement.


“This agreement will help ensure that our community continues to receive high quality care from the hospital’s skilled and experienced staff,” said Paula Capps, a pharmacist at the facility.


“Sutter Lakeside Hospital has worked diligently since the expiration of the contract more than 18 months ago to implement benefit and wage enhancements,” said Sutter Lakeside Chief Administrative Officer Siri Nelson. “The hospital is committed to providing staff members competitive wages and an environment that recognizes and supports collaboration.”


Nelson said Sutter Lakeside proposed a new health benefit plan to all staff in mid-2009 and said management is extremely pleased that SEIU has recognized its value during the contract ratification.


In 2009, SEIU-UHW-represented hospital workers received on average wage increases for the first year of their contract well-above the national average of 2.3 percent.


Over the past three months SEIU-UHW workers at five other facilities within the Sutter system have settled contracts, including Amador Medical Center in Jackson, Delta Medical Center in Antioch, Eden Medical Center in Castro Valley, Roseville Medical Center in Roseville and Sutter Solano in Vallejo.


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NORTH COAST – In the wake of a devastating 8.8-magnitude earthquake that occurred early last Saturday morning off the shore of Maule, Chile, rescue organizations around the world are mobilizing to offer assistance to that country.


More than 100 aftershocks have reportedly hit the country in the wake of Saturday's earthquake, tsunamis were triggered and more than 700 people are reported dead, with more casualties expected, according to media reports.


Groups like the American Red Cross, Salvation Army, Operation USA are fundraising to assist the country.


On Monday, US Ambassador to Chile Paul Simons reported that the Chilean government indicated that it was open to receive offers of assistance from the international community.


According to the Mobile Giving Foundation, the following organizations are taking donations for Chile through mobile giving:


  • Text the word “CHILE” to 20222 to donate $10 on behalf of World Vision;

  • Text the word “CHILE” to 52000 to donate $10 on behalf of the Salvation Army;

  • Text the word “SAVE” to 20222 to donate $10 on behalf of Save the Children Federation Inc.;

  • Text the word “CHILE” to 85944 to donate $10 on behalf of International Medical Corp.;

  • Text the word "4CHILE" to 50555 to donate $10 on behalf of Convoy of Hope;

  • Text the word "CHILE" to 50555 to donate $10 on behalf of Friends of the World Program;

  • Text the word "REBUILD" to 50555 to donate $10 on behalf of Friends of the Operation USA.

 

The American Red Cross, which made an initial commitment of $50,000 to Chilean relief, is accepting donations at its Web site, www.redcross.org.


Simons reported that the US Embassy activated a consular operations center in an effort locate the 18,000 Americans residing around Chile, and about 1,000 living in the Concepcion area.


He said that, as of Monday, “we do not have any reports of any American citizens who have died or had any serious injuries.”


Simons said the situation in Santiago, Chile's capital, “is returning to normal fairly quickly,” with electricity and water being restored to most of the city.


“But the Concepcion area, the Maule area, were hit very, very, very hard, and the situation there is quite precarious,” he said. “And that really will be the focus of our efforts in the coming days in terms of American citizen work.”


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ST. HELENA – Three Cal Fire firefighters escaped serious injury early Saturday morning when the fire truck they were riding in rolled down an embankment in rural Napa County.


The three firefighters were staffing a Napa County Fire Department engine and responding to a reported tree down in the Deer Park area of unincorporated Napa County at around 1:30 a.m. Saturday when the crash occurred, according to Napa County Fire Marshal Pete Muñoa.


Preliminary reports indicate that the engine and crew were traveling down a narrow, unlit rural road when the right wheels lost contact with the roadway, according to Muñoa's report.


He said the vehicle rolled 360 degrees down a steep embankment, traveling approximately 40 feet before hitting a large pine tree where it came to a stop.


The three firefighters extricated themselves from the engine and were transported via ambulance to the Queen of the Valley Hospital in Napa for medical evaluation. Muñoa said only one of the three firefighters was treated for a minor shoulder injury and all were released shortly after.


The 2006 Pierce Fire Engine was equipped with driver and passenger airbags which is believed to

have saved the life of at least one of the firefighters, Muñoa said.


A CAL FIRE Serious Accident Review Team (SART) has been activated and will be conducting a

thorough investigation of the incident in cooperation with the California Highway Patrol and the Napa County Risk Manager, he added.


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REDWOOD VALLEY – A woman from Nice was arrested Thursday by Mendocino County Sheriff's deputies for allegedly assaulting her male partner.


Lanisha Sanders, 26, was arrested for spousal abuse and violation of parole following an incident that occurred in Redwood Valley, according to Capt. Kurt Smallcomb.


At 8:20 p.m. Thursday Mendocino County Sheriff's Deputies were dispatched to the area of East Road in Redwood Valley just south of the Highway 20 intersection to assist a California Highway Patrol Officer requesting assistance, Smallcomb said.


Upon arrival deputies learned that the CHP officer was patrolling in the area when he observed the victim, a 32-year-old male subject who was not named in the report, waving at him for assistance.


Smallcomb said the CHP officer contacted the victim and discovered he had been in a possible domestic violence incident with his female cohabitant.


The deputies investigated the incident and determined that Sanders and the victim had recently left the Shodakai Casino in a vehicle and were traveling home when they had an argument, Smallcomb said.


During the argument Sanders allegedly assaulted the victim by scratching and kicking at him. Smallcomb said deputies also discovered Sanders was intoxicated, had a misdemeanor warrant for her arrest and was on court probation.


Sanders was arrested for the warrant, spousal abuse and the probation violation and transported to the Mendocino County jail, where she was booked. Bail was set at $30,000.


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COVELO – A Covelo man arrested Sunday for beating the woman he lived with was located by deputies thanks to his dog.


David C. Peters, 29, was arrested for inflicting injury upon a cohabitant, in this case the 29-year-old woman who shares his home on Highway 162 in Covelo.


Capt. Kurt Smallcomb of the Mendocino County Sheriff's Office reported that deputies responded to the home at 4 p.m. Sunday on the report of domestic violence and found the alleged victim at a friend's home.


Deputies observed visible swelling and bruising to the left side of the victim's face. Smallcomb said she also was bleeding from an injury to her left elbow and a laceration on the side of her neck.


She told deputies that the injuries resulted from an assault committed by Peters, who she reported struck her four times with his closed fist, according to the report.


Smallcomb said the woman lost consciousness as a result of the assault, and was later transported to Howard Hospital by a friend where she was treated and released that same evening.


Peters was arrested later that evening by deputies, who followed Peters' dog from his yard to a hiding place in a wooded area behind the home, Smallcomb said.


He added that Peters was transported to the Mendocino County Jail where he was booked on a charge of inflicting injury on a spouse or cohabitant.


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Lyndall’s Sports Stop Grill

4220 Main St., Kelseyville, CA 95451

Telephone: 707-279-0123

Hours: Sunday through Thursday, 6 a.m. to 10 p.m.; Friday and Saturday, 6 a.m. to 11 p.m.

Free WiFi


Being a food writer, I am asked constantly, “Where is the best place to eat in the county?” I always respond, “It depends on what kind of food you are looking for.”


After asking them a few questions here and there I give them my recommendation based on what they are looking for. This also means that I have to eat everywhere so I can give a knowledgeable endorsement. What can I say, it’s a dirty job but someone has to do it.


After attending Rosa D’Oro’s Venetian Masquerade a couple of weeks ago I decided to stop in to Lyndall’s Sports Stop Grill. Now, I’ve said it in the past that I’m not a sports fan, and like a lot of people I have some preconceived ideas about certain things, so I pulled into the parking lot with the feeling of “I’m going to hate this, but at least I’m giving it a shot.”


Upon walking in, I looked around and superficially thought, “Yep, just what I was expecting.” There were assorted framed jerseys, sports memorabilia, photographs and numerous televisions tuned to a baseball game. I continued my judgments by thinking, “Get ready for the greasy fries and overcooked burger.”


Then I’m looking at the menu. Under appetizers were listed Mozzarella sticks with marinara, clam strips with cocktail sauce, onion rings …“Yep, just what I was expecting.” There are several different burgers are on the menu, grilled cheese sandwich, tuna melt ... “ho hum.”


But all of a sudden the sound of my mind crashing with a thundering clamor must have filled the room.


There on the menu was salmon with hollandaise, sautéed scallops in garlic sauce, cheese tortellini! This isn’t Sports bar food! “I’m in a sports grill and seeing linguini and clams on the menu?! This doesn’t

make sense! Is it a grill or fine dining? Error, error, does not compute!”


The linguini and clams comes with clams in the shell, not canned. I saw several people eating it so it must be good (my annoying diabetic diet means I’m not supposed to eat pasta, so I had to refrain from

ordering it).


The room was about half-filled with diners. The lone waitress was a very cute, dark blond, quick moving pixie that I couldn’t take my eyes off of as she zipped through the room like she was overdosed on caffeine. She was smiling so much that it looked like she loved what she was doing. She was so attentive and concerned with my needs that I completely forgot to get her name.


“OK,” I thought, “Let’s test this cook and see if he overcooks the scallops in garlic sauce.” Nope! The scallops were cooked perfectly, and the broccoli side was prepared flawlessly. I was stunned.


After enjoying my food for several minutes, I finally find a flaw in the meal when I notice that the small tough muscle wasn’t removed from the side of the scallops; it’s not a cardinal sin, just an oversight which kept the entire meal from being perfect.


My first visit encountering this multifaceted menu confused my jaded preconceived opinions so badly that I knew I had to go back, and soon. The second time the waitress was a taller girl with dark, long, curly hair, and she smiled so much that it was making MY cheeks hurt.


She was very attentive, giving me constant updates on my order and asking if I needed anything else. She was so busy flitting from place to place like a honeybee in a florist shop that I didn’t get to ask her name either. The thought that these girls must get paid extra just to look so happy kept going through my mind.


The menu says the fish tacos are a “must try”… I love fish tacos! I must have them, and the buffalo wings which are also a favorite of mine. The waitress asked me how hot I wanted the wings and I replied, “The hottest you got.” She said “Those are called 'nitro.'” Sounds good to me.


The fish tacos come with French fries, potato salad or coleslaw, and I asked for the coleslaw. When the tacos arrive I notice they are larger than I commonly see them, and I spend a moment poking at the two of them noting the relish consisted of fresh tomatoes, pickled jalapeños, red onions, cilantro and, of course, cabbage. The coleslaw was simple yet special with the addition of caraway seeds in it.


When I finished the slaw I started on the tacos. How do I say this without exaggeration? They are the best fish tacos I have ever had in my life. You should keep in mind that I’ve eaten fish tacos on the Mexican coast!


The buffalo wings are also out of this world. The sauce contains chopped jalapeños giving added texture and depth of heat. In the initial bite you taste the chicken and notice that the sauce has much

more depth of flavor than most you eat. This isn’t just a simple recipe of hot sauce and butter, this sauce was well thought through.


The heat is great for someone of my “chile head” level. Anywhere the sauce touches your face starts with a slow burn and intensifies to what feels like a severe sunburn. The burn on my lips lasted about

15 endorphin-filled minutes. You also get the traditional blue cheese dressing and celery sticks with the wings.


Taking a better look around the restaurant I see a sign requesting donations for the Kelseyville High football team’s helmets, and an advertisement for the Cleavage Creek Wines that they serve there (a

portion of the proceeds from their wine sales goes to breast cancer research).


Their afternoon menu is like a sports page from a news paper with community news, calendar and local sports players to watch. The Lyndall family is so involved with charity and the community that I feel honored to be eating in the establishment.


Looking more closely at the décor you notice old pictures from Lake County sports teams and you can recognize names like Gaddy, Porter, Gatton and even Mitchell Johns. They are interesting historical

pictures that allowed me to put a face to the names I see all around the county. So instead of my initial impression that it was cheesy-sporty, the décor is thoughtfully considered and pays hometown homage which makes me feel comfortable and at home.

 

Get the WiFi password from your waitress. The connection is super fast and I had no problems with it at all.


The prices are fair; both of my meals there including drinks were right around $20, not including tip. There’s dining available outdoors on the deck, but due to the weather right now it’s pretty empty out

there. Indoors there is seating for around 90 people.


I needed a couple of last minute facts to finish the review and went back again and just HAD to have the fish tacos one more time. I’m just not a burger and fries kind of guy. The fish tacos this time had

a mild chili mayonnaise on them which was very good. I also ordered the spicy Reuben and fries to go. The pixie waitress even said “goodbye” to me as she left for the day, even though she didn’t serve me at all today. This is the friendliest staff!


Since variety is the spice of life I could never declare there is a “best” restaurant in the county, but if you were to ask me to name the five best restaurants in Lake County Lyndall’s Sports Stop Grill will

be in that top five.


Ross A. Christensen is an award-winning gardener and gourmet cook. He is the author of "Sushi A to Z, The Ultimate Guide" and is currently working on a new book. He has been a public speaker for many years and enjoys being involved in the community. Follow him on Twitter, http://twitter.com/Foodiefreak .


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Many people wonder why they need a will if they have a living trust in place. The answer is because the will and trust serve different purposes.


The type of will used with a trust in place, however, is not your typical “stand-alone” will, i.e., a will used when no trust is in place, but is a so-called “pour over will,” so named because it transfers all assets left outside the trust into the trust.


The trust controls any assets that have been transferred by the client prior to death, but the pour over will controls every other asset (if any) that was not transferred and serves other important purposes. Now let’s explore the reasons why a will is still needed with a trust.


As mentioned, a pour over will serves to deal with the possibility that assets belonging to the client were left outside the trust at the time of death.


Often the client will have some assets – such as vehicles, boats and a checking account – that are typically left outside the trust. This will not trigger a probate so long as the total cumulative gross value of these non-trust assets is under $100,000.


Forty days after the death, the executor named in the will submits a sworn affidavit with an attached death certificate to take possession of these assets and transfer them into the name of the successor trustee.


Sometimes, the pour over will has to be probated because other assets were not transferred into the trust; or assets were taken out and not placed back into the trust (such as when a home is refinanced).


The pour over will transfers all of the omitted assets into the trust for purposes of distribution to the beneficiaries (presuming outright transfers) or for purposes of holding these assets (or their sale proceeds) for the benefit of the beneficiaries (under the terms of the trust).


Another reason – one that may not come up so often – is if the deceased person has legal business pending at the time of death.


The will, you see, nominates whomever the decedent wishes to represent his or her own estate in all legal matters. That person is most often the same person as the successor trustee in charge of the trust assets.


There are many different scenarios where an executor would be needed to deal with ongoing legal matters. For example, if the decedent died in a manner that gives rise to a lawsuit, or has a personal injury lawsuit pending at the time of death, then the will nominates the decedent’s choice for an executor for purposes of completing such legal affairs in the name of the decedent.


Another example is when the decedent owed monies to creditors or was being sued personally then the executor would be the person to handle the defense against these claims.


In any of these situations, the will would need to be probated in order to obtain so-called “letters testamentary” that actually appoint the executor; only then is there an executor with powers.


Filing the decedent’s last federal and state tax returns is another reason for naming an executor.


The decedent will usually die owing or being owed tax monies for tax years still open at the time of death. The executor has the responsibility to file any tax returns as due, and to pay any tax monies owed or claim refunds (as the case may be) on all open years.


Lastly, a will may also be used to nominate guardians of minor children. This important function, however, is often better left to a separate document for the nomination of a guardian.


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 1st 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.This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or by phone at 707-263-3235.


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