The free Start Smart traffic safety class for teenage drivers and their parents will take place beginning at 6:30 p.m. Wednesday, April 27 at the CHP office at Highway 29 and Live Oak Drive in Kelseyville. The class will run about two hours.

Traffic collisions are the No. 1 killer of teenagers in America. Nationally about 5,000 teens will die in automobile crashes, the CHP reported. About 10 percent of those deaths are in California alone.

In California in 2007, there were 82,506 collisions involving teenage drivers statewide, 457 resulted in fatalities, according to the CHP.

The Start Smart program aims to help future and newly-licensed teenage drivers learn the responsibilities that accompany the privilege of being a licensed driver.

The CHP said the program is an education tool for parents and teens to reduce the number of teen injuries and deaths resulting from traffic collisions.

The program provides information on defensive driving, state traffic laws, dynamics of traffic collisions, tips on avoiding collisions and awareness about driving under the influence.

Space is limited for this class. For more information or reservations, call Officer Steven Tanguay at the CHP office, 707-279-0103.

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The walk will begin at 10 a.m. at Library Park, located on Park Street in Lakeport. Walk-up registration will be open beginning at 9:30 am.

The event begins with a special opening ceremony that includes the raising of the Flag of the Missing Child, a statewide initiative to raise awareness on child abuse prevention.

Children, families, teachers, groups, agencies and community members are welcome to show your public commitment to children.

Following the walk, the community is invited to all-day children’s festival.

Everything is free, and more than 30 Lake County agencies and organizations will provide fun children’s activities, giveaways and information on Lake County resources.

Both events are intended to unify the community around the common goal of caring for Lake County’s children by preventing child abuse and victimization, and providing a quality education for every child.

If you would like more information on any of these programs, please contact The Lake County Child Care Planning Council, 707-994-4795, www.lakecountychildcareplanning.com, or The Lake County Children’s Council at 707-262-4146.

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The workshop will be held at 5:30 p.m. Thursday, April 21, at the Sons of Italy Hall, located at 2817 E. Highway 20 in Nice.

Presented by the Lake County Redevelopment Agency and Mogavero Notestine Associates, this community workshop will open with an update by Supervisor Denise Rushing on community events and projects.

David Mogavero, principal at Mogavero Notestine Associates will provide observations regarding the Holiday Harbor site, including opportunities and constraints.

Community input will include both specific questions from Mogavero and an open forum.

Lake County Redevelopment Agency officials will outline the proposed next steps in the process, including the public presentation of the conceptual plan.

The Lake County Redevelopment Agency purchased the Holiday Harbor Resort and Marina, located at 3605 Lakeshore Boulevard, Nice, in June 2008.

The site includes 134 boat slips, picnic areas, restrooms, a boat launch and on-site caretaker.

The agency envisions development of the site and surrounding area as the future town center for Nice.

The short-term goal of the agency is to develop a market development plan, including conceptual plans and other marketing pieces, to attract investment in the site by a private developer.

Funding for the creation of the market development plan is provided by a Community Development Block Grant Planning and Technical Assistance grant.

The agency awarded a contract for development of the plan to Mogavero Notestine Associates through a competitive request for proposals in February.

Mogavero Notestine Associates is an award winning architecture, planning, urban design and development firm that specializes in innovative urban infill projects, such as the Holiday Harbor site.

Not only does MNA provide traditional architecture and planning services, but the agency expects their experience in feasibility analysis and private development to provide both a creative and tangible plan for the Holiday Harbor site and the future town center of the community of Nice.

Formed in 1999, the Lake County Redevelopment Agency works to eliminate blight and promote economic development in communities within the Northshore Redevelopment Project Area, which includes parts of Upper Lake, Nice, Lucerne, Glenhaven and Clearlake Oaks.

For more information about the project, contact the Lake County Redevelopment Agency at 707-263-2580 or visit www.co.lake.ca.us/redevelopment.

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These are adults who are either unable to take care of himself or are susceptible to undue influence – especially anyone over age 65 years old.

On the one hand, the law presumes that gifts by dependent adults either to “disqualified persons” or to their unrelated care custodian – who receives payment for services – are the result of fraud, undue influence or duress, and thus invalid.

On the other hand, the law protects the right of dependent adults to make such gifts that if a certificate of independent review is obtained from an attorney who reviews the matter.

The certificate is the written assurance of the reviewing attorney that the legal instrument used to make the gift – often a will or trust – is not the product of undue influence, fraud or duress forced upon the dependent adult by the beneficiary.

But is a certificate always accepted at face value or can it be still successfully challenged so that the presumption of abuse is restored?

A certificate of independent review is only as reliable and effective as the quality of the underlying review that is conducted by the independent attorney who signed the certificate.

In Estate of Winans (183 Cal App 4th 182) the court confirmed that a certificate does not have to be accepted at face value. Thus a certificate of independent review may be successfully challenged by the unhappy family of the dependent adult.

The court agreed that an evidentiary trial was justified based on the facts and circumstances surrounding the issuance of the certificate.

This certificate was exposed as the product of an inadequate and superficial review by the reviewing attorney who stood to gain by approving the gift.

So what kind of review is needed for the certificate to be respected?

First, the reviewing attorney must be independent of the beneficiary of the gift and may not stand to gain from the outcome. Specifically, the reviewing attorney cannot have any, “legal, business, financial, professional or personal relationship with the beneficiary.”

Each such relationship is an impermissible conflict of interest and raises the possibility that the reviewing attorney is partial towards the beneficiary, and is not independent.

Nor may the attorney have a self interest such as being appointed to act as the executor or successor trustee under the dependent adult’s will or trust in question.

Second, the reviewing attorney should explain to the dependent adult that the gift he or she is making to the disqualified person or care custodian is presumed to be invalid. And, also explain how that presumption may be overcome through the certificate of independent review procedure.

Third, the reviewing attorney should then review the legal document in question with the dependent adult and ensure that the client understands that the gift is irrevocable and understands the consequences.

During their meeting the reviewing attorney should take careful notes which may later become evidence that a thorough and complete discussion regarding all the relevant issues occurred.

Fourth, the reviewing attorney might also inquire of third parties to hear what they have to say regarding the nature of the beneficiary’s relationship with the dependent adult. This means contacting the dependent adult’s family and friends, as relevant.

In sum, a certificate of independent review does not have to be accepted at face value. Whether the certificate works depends on whether or not an independent attorney properly reviewed the matter – for the presence of fraud, undue influence and duress – and properly counseled the dependent adult.

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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On Tuesday, State Superintendent of Public Instruction Tom Torlakson announced the California Distinguished Schools for 2011.

Included on the list of 97 California schools was Clear Lake High in Lakeport.

Lakeport Unified Superintendent Erin Hagberg said it's the first California Distinguished School award for the district.

“It's extremely exciting and I couldn't be prouder,” said Hagberg.

The highly sought after award, now in its 25^th year, has recognized more than 5,300 exemplary California public middle and high schools since it began in 1986, the state reported. Elementary and secondary schools are recognized during alternate years.

“These schools are being recognized for attaining high levels of performance and sustained growth, and for making significant progress in closing the academic achievement gap,” Torlakson said. “Becoming a Distinguished School is a direct reflection of the dedication, hard work, and vision of each school's education community. They have succeeded despite a bleak economic environment and have endeavored to maintain their momentum and focus.”

The California Department of Education said this year's winning schools are to be found in areas ranging from rural communities to large cities, with most of the schools having significant populations of students living in poverty or learning English.

Clear Lake High is one of those rural schools, with 440 students, 25 faculty and five staff, according to Principal Steve Gentry.

Hagberg credited the achievement to several factors – outstanding instruction, the relationship that teachers maintain with students and collaboration among staffers that has not only helped Clear Lake High cope with a tough financial climate but continue to improve student performance.

“We've really tried to focus on what is essential to maintain in our district,” Hagberg said. “I think that the high school staff has to be credited for making those decisions.”

Gentry, Clear Lake High's principal since 1995 and a staffer since 1978, credited the school's remarkable students and excellent teachers for winning the award.

The California Department of Education reported that schools were identified for eligibility on the basis of their state Academic Performance Index and federal Adequate Yearly Progress results, which are school accountability models.

“You have to be moving in a positive direction for both of those numbers to be eligible,” said Gentry.

Clear Lake High School has had moderate increases in API scores since 1999, when California’s Public School Accountability Act created the current scoring system, the Lake County Office of Education reported.

When the school's API scores started to plateau after several years of increases, teachers and administrators worked together to create a system of incentives and teaching and testing strategies to address the issue, according to district officials.

In order to qualify to begin the Distinguished School application process, a school must have an API growth score of greater than 746, according to the Lake County Office of Education. Clear Lake High School far surpassed that with a 2010 API score of 790. The California average API score is 767.

“Clear Lake High School is very deserving of this recognition. This is difficult to achieve, and it is the result of a focus on student achievement,” said Tim Gill, senior director of Educational Services at Lake County Office of Education.

Once schools are determined to be eligible, they receive letters inviting them to apply, Gentry said.

The state required the applying schools to describe two “signature practices” that have led to an increase in student achievement and a narrowing of the achievement gap.

Gentry said the programs Clear Lake High listed were AVID (Advancement Via Individual Determination) and Project CRISS (Creating Independence through Student-Owned Strategies), the latter an instructional strategy for student engagement that gives teachers different strategies and tools they can use to help their students succeed.

A team of three people from the state then visited the school for a day on March 21 to validate the signature practices. Gentry said the team toured classrooms, and talked to teachers and students.

He said he got the news of the award on Tuesday afternoon, and informed the school's teachers at a Wednesday morning faculty meeting.

The 2011 California Distinguished Schools will be honored during an awards ceremony and dinner at the Disneyland Hotel in Anaheim on May 20, the state said. Gentry said school representatives may not be able to make the trip due to the cost.

As for a celebration at the school, Gentry said nothing is planned yet. However, he said after upcoming school testing is completed, he believes they'll put together an event.

Hagberg, who notified the Lakeport Unified School District Board of Trustees of the award on Wednesday afternoon, said she expects the board will discuss how to honor the school for its achievement at its Thursday evening board meeting.

Other winning schools north of the Bay Area included Sonoma County's Healdsburg Junior High and Santa Rosa High School, with the latter one of five schools statewide to earn the Exemplary Career Technical Education Program Award; Calistoga Junior-Senior High School in Napa County; Sierra Ridge Middle School in El Dorado County; Del Oro High School in Placer County; East Nicolaus High School in Sutter County; and Shasta County's Shasta Union High School in Redding, the state reported.

The California Department of Education said the schools winning the Distinguished School title this year have agreed to share their signature practices with other schools and serve as mentors to other educators who want to replicate their work.

Those practices will be included in a searchable database that will be updated and available later this spring at www.closingtheachievementgap.org/cs/ctag/print/htdocs/success_sig_search.htm.

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The fire, which occurred early on April 1, destroyed a home in the 10000 block of Fairway Drive in the Clear Lake Rivieras.

The home's resident, 85-year-old Preben Rauholt, is believed to be the victim, although Capt. James Bauman of the Lake County Sheriff's Office said an official identification of the body found in the home is still pending.

Kelseyville Fire Protection District firefighters found the body in the back of the home in a hallway between a bathroom and a bedroom. The blaze's origin was believed to be located in the home's living room, as Lake County News has reported.

Bauman said preliminary reports indicate that the cause of the fire is unknown and that Rauholt died from smoke inhalation.

“We are waiting for some other test results to come in, relating to toxicology screening for the victim and some items being tested for the fire investigation,” Bauman said.

The sheriff's office previously stated that it had deemed the fire's circumstances as suspicious and therefore was treating it as a possible homicide.

However, Bauman said Tuesday, “At this point we have not identified any evidence of criminal intent with regards to the fire.”

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Michael Anthony Gama, 28, of Nice, Calif., and Joseph Andrew Kimber, 34, of Lucerne, Calif., were arrested in connection with a burglary on Wednesday, April 13, 2011. Lake County Jail photos.

MIDDLETOWN, Calif. – Proactive enforcement efforts and swift coordination between the Sheriff’s Special Enforcement Detail, Sheriff’s Dispatch and the Sheriff’s Patrol Force has led to two arrests and the recovery of property stolen in a Middletown burglary.

Capt. James Bauman said deputies arrested 28-year-old Michael Anthony Gama of Nice and 34-year-old Joseph Andrew Kimber of Lucerne.

On Wednesday, April 13, at approximately 1:50 p.m., a sheriff’s deputy assigned to the Special Enforcement Detail stopped a silver Honda Civic on Keeling Avenue in Nice. Bauman said the deputy determined that the driver, identified as Gama, was driving with a suspended license and he was detained.

Pending an impound of the vehicle, an inventory search of the Honda revealed numerous items of property in the trunk. Bauman said none of the property belonged to either Gama or Kimber, his passenger. Among items of jewelry, tools and other property, the deputy located an auto club card and pieces of mail belonging to a Middletown man.

The deputy requested that Sheriff’s Dispatch call the man to determine if he had been the victim of theft. Bauman said dispatch informed the deputy that another deputy had just been dispatched to the man’s home in Middletown for a burglary report only minutes before the Honda had been stopped.

The Middletown deputy arrived at the scene of the burglary while Gama and Kimber were still being detained in Nice. Bauman said the burglary investigation revealed that several structures on the victim’s property had been broken into some time between midnight and 8 a.m. on Wednesday. Aside from property taken from the victim’s home, his Blue 1995 GMC Suburban also had been stolen.

Coordinating between Nice and Middletown by phone, the two deputies were able to determine that all of the property found in the trunk of the Honda was stolen in the Middletown burglary, Bauman said.

Gama and Kimber were both arrested for receiving stolen property and transported to the Hill Road Correctional Facility for booking. Bauman said the burglary victim responded to Nice and retrieved all of the property recovered by sheriff’s deputies.

When Gama and Kimber were removed from the arresting deputy’s car at the jail, the deputy discovered a broken “meth” pipe on the floorboard where Gama was seated. Bauman said the deputy determined that Gama had apparently retrieved it from his pocket and tried to destroy it while in transit to the jail.

Gama was charged with receiving stolen property, possession of narcotics paraphernalia, destroying evidence, and driving on a suspended license. Bauman said Kimber was charged with possession of stolen property.

The case is pending further investigation, including the recovery of additional stolen property and the victim’s stolen GMC Suburban, Bauman said.

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The California Highway Patrol reported that a sedan hit the hydrant in the area of Park Way, just west of Lakeshore Boulevard, at about 7:43 a.m. Wednesday.

There were no injuries to anyone in the vehicle, the CHP reported.

However, Special Districts Administrator Mark Dellinger said the car knocked the hydrant off, which had to be reinstalled. The hydrant was replaced about mid-afternoon Wednesday.

Dellinger said approximately 153 customers in County Service Area 21, which covers north Lakeport, were affected.

Water to those customers was restored by about 9 a.m., he said.

Lake County News was contacted by a resident of the area who reported the water from his faucets was cloudy and brownish Wednesday morning.

According to California Department of Public Health guidelines, whenever water supply is lost – even for a brief time – a district must issue a boil water notice as a precaution, Dellinger explained.

That's what Special Districts did in this case, issuing the notice to the affected residents in the southern part of CSA 21, mostly along Park Way and Oak Park, who were served by the 6-inch water pipe that feeds the hydrant, he said.

No commercial customers were impacted, just residents, Dellinger said.

“We had a few complaints but we responded to those,” he said.

Dellinger said Special Districts also notified Supervisor Anthony Farrington of the situation.

Special Districts will have to take samples before the notice can be lifted, which Dellinger estimated should happen within 24 to 36 hours of the incident.

“This should be straightened out by Friday,” he said.

Dellinger said it's difficult to assess how much actual damage the crash caused. He said the matter will go through the county's risk management process.

Dellinger said Special Districts hasn't had to issue a boil water notice since last August, when construction to increase the size of a water main in downtown Kelseyville caused low water pressure and, in some cases, resulted in no water for some Kelseyville and Finley customers.

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Chesbro was coauthor of state Sen. Joe Simitian’s Senate Bill 2X, which requires utilities to get at least 33 percent of electricity from renewable sources by the year 2020.

“This bill will bring many important benefits to California, including stimulating investment in green technologies in the state, creating tens of thousands of new jobs, improving local air quality, promoting energy independence, and reducing greenhouse gas emissions,” said Brown in his signing message.

“While reaching a 33 percent renewables portfolio standard will be an important milestone, it is really just a starting point – a floor, not a ceiling,” Brown continued in the message. “Our state has enormous renewable resource potential. I would like to see us pursue even more far-reaching targets. With the amount of renewable resources coming on-line, and prices dropping, I think 40 percent, at reasonable cost, is well within our grasp in the near future.”

“When the governor signed SB 2X today, California confirmed its position as the world leader in green energy technology,” Chesbro said. “This breakthrough legislation will create a large number of new living-wage jobs, attract new businesses to California, preserve the environment, improve air quality and protect public health.”

Senate Bill 2X applies to all electricity retailers in the state – investor-owned utilities (IOUs), municipal utilities and independent sellers.

The current 20-percent renewable energy requirement applies only to investor-owned utilities and independent sellers.

Municipal utilities have adopted renewable energy goals, which only some have met. Achieving 33 percent renewable energy by 2020 is a key element of the state's plan to meet the limits on greenhouse gas emissions established by AB 32.

Senate Bill 2X does not require utilities to reach the goal at any cost.

The California Public Utilities Commission must approve renewable energy contracts, and utilities may be granted exemptions if the price of energy, or the difficulty of moving it into the state’s grid, make the cost excessive.

For these reasons the bill was endorsed by the CPUC’s Division of Ratepayer Advocates and consumer watchdog The Utility Reform Network (TURN).

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Don Anderson, who took office in January, said he's implementing a new diversion program that allows offenders from out of state to make monetary restitution in lieu of community service.

When people from outside of California are convicted of crimes and sentenced to community service, they can get clearance to complete their community service out of state, which Anderson said doesn't benefit Lake County, where the crimes were committed.

Instead, in eligible cases, he and his staff are presenting to defendants the option of paying $10 per hour of community service – the rate approved by the courts – to settle the requirement.

That payment, once approved by the court, wipes out the community service requirement and can be used to assist with local causes, said Anderson.

In January, New Yorker Justin Lazard, who reached a plea deal on a misdemeanor count of lewd conduct in public for exposing himself in Library Park in July 2006, agreed to pay $7,500 to Lake Family Resource Center. That was the first case in which Anderson said he and his staff offered the diversion option.

“I think the courts see the benefit,” Anderson said.

On Wednesday, at an event for Victim-Witness advocates at the Lodge at Blue Lakes where Anderson was a special guest, Debbie Wallace, head of the Lake County Victim-Witness Division, presented another check – this time, for $9,600 – to Lake Family Resource Center interim Executive Director Lisa Fronsman.

That check came from the second case that's fallen under the diversion program, said Anderson.

Lake Family Resource Center, which works with Victim-Witness and the District Attorney's Office to offer support services for crime victims – and also runs the county's domestic violence shelter – is grateful for the support, Fronsman told the group Wednesday.

With the first two cases already generating approximately $17,100 for local causes, Anderson said there's the expectation of more to come, as he said he's seen many such cases in the local justice system that would be eligible for such a diversion program.

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Goodwin is replacing Linda Tyner, current alternative education director, who is retiring in July 2011, the Lake County Office of Education reported.

The Lake County Office of Education Alternative Education includes the Renaissance School for students in juvenile hall, the Clearlake Community School and the Lloyd P. Hance Community School.

These schools provide an alternative learning environment for students in grades seventh through 12th who are experiencing difficulties in a traditional school setting or who are exhibiting negative behavior patterns in school or in the community.

All three programs offer a complete high school graduation curriculum and support course work that will help students earn a diploma.

Goodwin will finish out the school year with Terrace Middle School, and Tyner and Goodwin are working together to develop a plan that will ensure smooth transitions for students and staff.

Goodwin has served at Terrace Middle School in Lakeport for the past three years, and brings with him more than 16 years of experience in education, working primarily in alternative education settings.

“Approximately 20 percent of our students are being served in alternative education settings,” Goodwin said. “There is a huge need in our communities for a strong positive influence in the lives of troubled kids, and this position really feels like a great fit for me.”

He added, “My time with Lakeport Unified and the Terrace Middle School community has been a wonderful opportunity and an experience that I will cherish and miss. I look forward to continued collaboration with this district as well as the six others. I’m looking forward to new opportunities for growth both for myself and for the county.”

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