Tuesday, 15 October 2024

News

Gifts by dependent adults to unrelated care custodians – caregivers who provide health and social services – have been presumed to be the product of fraud, duress, menace or undue influence, and so presumed to be invalid under section 21350 of the California Probate Law.


Overcoming the presumption has required either a certificate of independent review or clear and convincing evidence that shows the gift was not the product of duress, menace, fraud, or undue influence.


The presumption of invalidity is meant to protect vulnerable (and usually lonely) dependent adults from predatory persons going after the dependent person’s estate.


Such predation often takes the form of substantial gifts at death in the dependent person’s will or trust. Presently, gifts exceeding $3,000 are considered substantial and so subject to the statute.


The presumption has often raised major concern with respect to even legitimate gifts made to genuine friends (who stepped in when their dependent friend needed help) due to uncertainty over the definition of “care custodian.”


This issue was recognized in 2006 by Chief Justice Ronald George and he invited the Legislature to amend the law to, “protect society as a whole.”


As a result, the California Law Revision Committee recommended that friends who became volunteer caregivers be excluded from the definition of “care custodian.”


Effective Jan. 1, 2011, section 21350 is amended in significant ways intended to protect gifts made to genuine friends who presently might be treated as care custodians.


Let’s examine the major law changes.


Most importantly, “care custodians” will exclude those who provide services without pay provided the care giver has a personal relationship with the dependent adult that began at least 90 days prior to when the volunteer services were provided and at least six months prior to the dependent adult’s death.


In addition, if the dependent adult is admitted to hospice care, such personal relationship must also begin prior to hospice care. Any gift instrument executed during the 90-day time period would make the gift presumptively invalid.


Furthermore, the definition of “dependent adult” is amended. With respect to persons over 65, a dependent adult means someone with “difficulty managing his or her own financial resources or resisting undue influence.”


Persons under 65, however, are only dependent adults if they have “substantial difficulty” in such areas.

 

Moreover, come 2011 the attorney drafting the gift instrument in question may now issue the certificate of independent review if he or she is truly independent; that is, not conflicted by an interest in the beneficiary of the gift (i.e., disinterested).


These law changes apply to gifts made in legal instruments that become irrevocable on or after Jan. 1, 2011.


Thus, instruments drafted prior to 2011 which become irrevocable after 2010 will be covered by the new 2011 law. Otherwise, the existing 2010 law still applies to gifts made before 2011.


Lastly, section 21350 supplements but does not replace the common law. Common law protections on undue influence still apply. Thus, predators who insinuate themselves into the lives of the vulnerable and use undue influence to coerce a dependent adult into making a gift should still beware.


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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LAKEPORT, Calif. – On Friday, Nov. 5, the county of Lake officially launched the “Lake County Energy Watch” program giving businesses, nonprofits, special districts, municipal facilities and residents new opportunities to achieve significant energy savings while saving money.


In addition to public education of energy efficiency measures available to all, Lake County Energy Watch is partnering with Richard Heath and Associates (RHA) to provide no- and low-cost lighting retrofits for government facilities – including city, state and federal facilities located in Lake County – as well as to nonprofit organizations and small businesses.


RHA oversees the Energy Fitness Program, an energy efficiency program available to all non-residential Pacific Gas and Electric Company (PG&E) customers in Lake County who use less than 200 kW of electricity per month.


The Energy Fitness Program offers lighting retrofits (remove and replace existing lighting for high energy efficient lighting) at no- or low-cost.


The retrofits include 4- and 8-foot linear fixtures, high bay fixtures, Energy Star compact fluorescent lamps, LED exit signs or retro kits, occupancy sensors, vending machine controllers, faucet aerators, as well as additional LED and other cost effective savings measures.


Most of these measures are at absolutely no cost – including removal and installation – with just a few of the options requiring a nominal surcharge.


Lake County Energy Watch was awarded $10,000 by PG&E to assist nonprofit organizations in Lake County with paying any applicable surcharge for lighting retrofits.


When nonprofits receive services from RHA through the Lake County Energy Watch program, RHA will invoice Lake County Energy Watch on behalf of the eligible organization.


Lake County Energy Watch is administered by PG&E using funding from California utility ratepayers under the auspices of the California Public Utilities Commission.


Energy Watch partnerships are designed to help local governments and their communities lower their energy bills and enjoy a cleaner environment.


Since July of 2008, District 3 Supervisor Denise Rushing has worked with community volunteers on the Lake County Energy Policy Council and county staff to launch Lake County Energy Watch.


LCEW will help save the county thousands of dollars in energy costs, provide funding for staff time, make educational materials available to the community and provide outreach throughout the duration of this project, which will end Dec. 31, 2012.


Energy efficiency measures implemented during the contract period will continue to garner savings into the future for the county and the community.


Lake County Energy Watch will utilize the momentum and talent of the Energy Policy Council’s 52 members to continue developing the outreach plan for increasing participation in energy efficiency programs, receive specialized energy efficiency offerings, and will be responsible for informing the community about the wide variety of energy efficiency and demand response offerings available from PG&E.


Lake County Energy Watch will offer a range of energy efficiency options for commercial, small business and residential customers, as well as county-owned and municipal facilities.


Energy efficiency seminars also will be offered in Lake County, as well as making county staff available to speak to community and civic organizations about energy efficiency programs.


For more information about the Lake County Energy Watch program, contact Michalyn DelValle at 707-263-2221 or visit 

www.energy.co.lake.ca.us .

 

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THE GEYSERS, Calif. – A 3.7-magnitude earthquake was reported near The Geysers geothermal steamfield on Monday.


The quake occurred at 5:57 a.m., according to the US Geological Survey.


The quake, which was recorded half a mile underground, was centered just northeast of The Geysers, five miles west southwest of Cobb and six miles west northwest of Anderson Springs.


The US Geological Survey received 16 shake reports from nine zip codes – including Clearlake, Lakeport, Middletown, Santa Rosa, Healdsburg, Cloverdale, San Rafael, Novato and Sacramento.


In the hour following the initial quake, four temblors measuring between 1.1 and 2.4 in magnitude occurred, based on seismic data.


The last time a moderate-sized earthquake was reported in the county was Nov. 15. It measured 3.0 in magnitude and occurred two miles north of The Geysers, as Lake County News has reported.


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 .

LAKE COUNTY, Calif. – With the holiday season well underway, giving and receiving the latest gadgets is a part of this gift-giving time of year, and the Lake County Public Services Department wants to remind residents to properly dispose of their old electronics, which cannot be placed in

curbside trash carts.


Some electronics waste, or “e-waste” contain hazardous and toxic materials including lead, cadmium, beryllium, mercury, and brominated flame retardants – all of which cannot be put in the landfill or curbside carts and must be disposed of as hazardous materials. An older computer monitor can contain up to 5 pounds of lead alone.


Today, very few electronics products can be recycled or repaired and many become obsolete within a few years, making proper disposal of every item extremely important to protect the Lake County environment.


Lake County residents can easily dispose of their e-waste properly – at no cost – by taking it to Lake County Waste Solutions, South Lake Refuse and Recycling or the monthly e-waste event sponsored by Goodwill.


E-waste includes electronics that are replaced frequently such as cell phones and chargers, PDAs, computer systems and peripherals including accessories (printer, mouse, monitors, speakers, scanner, keyboard, cables, modems, etc.), as well as stereo equipment, radios, tape players, CD players, headphones VCR/VHS, DVD players, camcorders, fax machines, scanners, copiers, telephones, answering machines, microwave ovens, televisions, hair dryers, irons and blenders.


However, not all electronics are considered e-waste. Regular ovens, vacuum cleaners, coffee pots, toasters, batteries, stoves, refrigerators, and small engines are not e-waste, but can be taken to Lake County Waste Solutions or South Lake Refuse and Recycling to dispose of for a small fee.


Residents with curbside service in the unincorporated areas and in the city of Lakeport can contact their hauler to schedule a bulky item pickup for large appliances, televisions, air conditioners, etc. Fees for this service range from no-cost up to $20, depending on location and what needs to be picked up.


If the older electronic equipment is still in good working order, Goodwill will accept the items at the monthly e-waste drive as a donation for resale in one of their stores. Local thrift stores also will accept donations of items in good working order.


For more information on reducing, reusing, and recycling, please visit the Lake County Recycling Website at www.recycling.co.lake.ca.com, or call the Recycling Hotline at 707-263-1980.


No Charge E-Waste Drop-Off Locations:


Lake County Waste Solutions

230 Soda Bay Road, Lakeport

707-234-6400 or 1-888-718-4888

Open Monday to Saturday, 7:30 a.m. to 4 p.m.


South Lake Refuse & Recycling

16015 Davis St., Clearlake

707-994-8614

Open daily, 7:30 a.m. to 3 p.m.


Goodwill Industries

Bruno’s Shop Smart

355 Lakeport Blvd., Lakeport

First Saturday of each month, 8 a.m. to 4 p.m.


Thrift Stores That Accept Donations of Working Electronics:

Hospice Services

14290 Lakeshore Dr., Clearlake


Hospice Services

1701 S. Main St., Lakeport


People Services

395 N. Main St., Lakeport


St. Vincent DePaul

16125 Orchard, Lower Lake


Methodist Church

21216 Washington St., Middletown


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LAKEPORT, Calif. – The community is invited to the “Wreaths Across America” ceremony planned for Saturday, Dec. 11, at Hartley Cemetery in Lakeport.


The ceremony will begin at 8:45 a.m. at Veterans Circle.


This is the fourth year that wreaths have been laid on the graves of local veterans as part of the commemoration.


In 2006, in response to thousands of e-mails and letters, Wreaths Across America was born out of a desire to honor and respect American servicemen and women for their significant contributions in preserving our Nation’s freedom.


Originally started by Morrill Worcester and Worcester Wreath Company of Harrington Maine back in Arlington Cemetery, it has become an annual tradition to lay holiday wreaths at the grave-markers of our fallen veterans during the holidays, as a way to express appreciation and to pay tribute for the past, present, and future sacrifice made for our Country.


The effort's motto is “Remember – the fallen; Honor – those that service; Teach – our children the value of freedom.”


Lakeport resident Slick Hultquist made sure from the beginning to register Hartley Cemetery as a site for laying the Ceremonial Wreaths so that we could honor our local Veterans.


At 8:45 a.m. the Patriot Guard Motorcycle Team along with the Vietnam Legacy Vets Motorcycle Club and guests will escort the wreaths from the front gate to the transfer point and the ceremony will begin above Veterans Circle.


Scouts from around the county will be laying the wreaths.


Boy Scout Troop 42 would like to thank those in the community that have sponsored wreaths which the Boy Scouts will place on veterans' grave sites.


Attendees are urged to dress warm.


Hartley Cemetery is located at 2552 Hill Road East, Lakeport.


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COVELO, Calif. – A man was arrested for resisting arrest, battery, vandalism and suspicion of bludgeoning to death puppies following a confrontation with law enforcement last Friday.


Arthur Gonzales, 36, a transient from Covelo, was arrested in the case, according to Capt. Kurt Smallcomb of the Mendocino County Sheriff's Office.


At 11:30 a.m. Dec. 3, Round Valley Tribal Police were investigating a possible intoxicated driver on Tabor Lane in Covelo when Gonzales allegedly attacked a tribal police officer, Smallcomb said.


During the attack, Gonzales punched and kicked the tribal police officer several times, causing injury. Smallcomb said the officer was able to use his portable radio to summon emergency assistance from the sheriff's office and California Highway Patrol. The closest available deputies and CHP officers responded from the Willits area.


Smallcomb said the tribal police officer attempted to subdue Gonzales by spraying him in the face with pepper spray but it had no effect. The officer then withdrew to a safer location and awaited the arrival of the responding deputies and officers.


Gonzales then allegedly directed his anger toward the tribal police vehicle that had been left at the scene. Smallcomb said Gonzales picked up an old car tire and began to throw it at the windows of the tribal police vehicle, which resulted in more than $400 worth of damage.


Gonzales had fled the immediate area prior to the arrival of sheriff deputies and CHP officers, Smallcomb siad. A search was conducted and Gonzales was located near Lot No. 4 on Concow Boulevard.


A sheriff's deputy drew his sidearm and ordered Gonzales down to the ground. Smallcomb said Gonzales refused to comply with the orders and instead ran at a full sprint towards the deputy.


Smallcomb said the deputy quickly holstered his sidearm and drew his Taser. Gonzales closed within feet of the deputy before the Taser was deployed. The deployment of the Taser brought Gonzales' attack to an immediate end.


Located in the area where Gonzales was apprehended were a large knife and an ax handle. Smallcomb said both the knife and ax handle had blood present on them.


It was later discovered that Gonzales had entered or attempted to enter several residences on the Reservation while evading from law enforcement, Smallcomb said.


In one of the residences five pit bull puppies had been bludgeoned to death. Smallcomb said Gonzales is a suspect in the death of the five puppies and the investigation is ongoing.


Smallcomb said Gonzales was transported to Howard Hospital for medical clearance and then to the Mendocino County Jail.

 

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LAKEPORT, Calif. – At the end of a two-hour meeting that saw both supporters and opponents weighing in, the Lakeport Planning Commission voted 4-0 to suspend the Full Throttle Tavern's permit allowing live entertainment.


More than 60 people crowded into the council chambers at Lakeport City Hall, where the commission considered concerns about noise, and a high number of calls and incidents at the tavern, located at 650 S. Main St.


At the start of the meeting, Commissioner Ross Kauper recused himself because he owns property within 500 feet of the tavern. That left fellow commissioners Marc Spillman, Harold Taylor, Suzette Russell and Chair Tom Gayner to sort through the 2-inch-thick staff report and the myriad public comments.


City Planning Manager Andrew Britton said the proposal to revoke the tavern's planning permit was based on noncompliance with permit requirements and the level of calls to the Lakeport Police Department.


He cited 34 noise complains from April 1 through Nov. 12 and the generation of 80 percent more service calls than come from any of the other bars in Lakeport. Britton said the police department's work with with the tavern management was unsuccessful in resolving the issues, thus the request for revocation.


Acting Lakeport Police Chief Brad Rasmussen told the commission that from the police department's standpoint, the primary issue is the affect on the neighbors “due to the loud and unreasonable noise we'd encountered on the premises.”


Rasmussen said they believe that the live entertainment activities were the primary contributor and the cause for the calls.


Sean Lyon, the bar's manager as well as the president and chief executive officer of the limited liability company that owns the business, pointed out that a bar has been located in the building for more than 50 years.


He said he's done soundproofing work, is planning to install a new door and has implemented police suggestions, including floodlights in the front of the building.


Lyon said he also had asked Building Official Tom Carlton about enclosing a back patio for a smoker's area. He said it took two months to get Carlton to tell him how he should approach the project, with Carlton telling him about the middle of November to get an engineer or architect to draw up plans. A day later, Lyon got the city's letter about the permit revocation hearing.


He told the commission that one of the business' neighbors, Joey Brodnick, has made harassing calls to the bar and made repeated unfounded complaints about the business itself. Although Lyon said he had tried to work it out, “I don't know what I can do.”


Lyon said he had tried to work with neighbors to address their issues. “I feel it's unjustified to take our music permit away.”


He said there are not a lot of live entertainment options for people in Lakeport. “There's not much for people to do.”


Lyon also suggested that his bar was being singled out by the Lakeport Police Department. “We just want to be able to operate on an even playing field, that's all we're asking.”


Since the bar opened under new ownership earlier this year, there has only been one fight incident in the bar, Lyon said. As for complaints about sex in public, Lyon said, “That's off my premises, that's something that should not be held against my bar.”


Taylor said he had done some investigation of his own, parking down on Lily Cove, where he said, “You can hear your music clearly.”


Taylor said he'd visited the bar on Halloween when he said it was packed with about 80 people, more than the 49-person occupancy. “I think you've got a little work to do.”


Russell questioned how many security staffers were on scene. She said she felt just one wasn't enough. Lyon said there were sometimes two plus himself.


Gayner referenced the permit requirement that calls for limiting the sounds to the premises, and asked what is the guarantee that the bar will begin to adhere to that.


“That condition, I'll be honest with you, is very tough,” said Lyon, noting that it's an old building. However, he guaranteed that after renovations are complete, it will be as soundproof as possible.


Community Development and Redevelopment Director Richard Knoll told the commission that the focus of the discussion was specific.


“Our zoning permit is fairly narrow in terms of what we're addressing here tonight,” he said. “It is the live entertainment aspect of this operation, not other aspects of the operation,” although he said there may be relationships between the issues.


Commissioners hear complaints, support


Over the next hour, approximately 22 people spoke to the commission. Of those, 17 were employees, customers, fellow business owners or neighbors showing their support. The remainder were people with concerns about noise and other problems.


Supporters said they felt the bar had worked hard to deal with neighbors' concerns. One of the neighbors, Thomas Rendel of Oak Knoll, said he had complaints when the bar first opened, but he called Lyon and Lyon took care of them.


Another neighbor, Carrie White, had another experience. She said her two children – one of them, a young son, was with her at the meeting – had been awakened numerous times this year due to the noise. There had been incidents involving people have sex outside her children's bedroom windows.


She found her son in the living room with a baseball bat one night, because he thought someone was going to come into their home.


She said she'd spoke to Lyon, and told the commission that she didn't want to see Lyon lose his business. But she added, “We can't live like this.”


White said she had noticed improvements in recent weeks, noting that from May until about a month ago, she couldn't sleep in her own bedroom due to the noise.


Jay Holden, a psychologist and a musician, said he spoke with Lyon about the situation after reading about it. He said some noise is to be expected from bars, and he was concerned about the “slippery slope” of letting the complaints override decibel requirements that might exist in ordinances.


Holden, who lives near the Elks club, questioned if he should be able to have that group shut down because of noise generated at events.

 

“I believe this business deserves our support, not our punishment,” said Holden, asking them to give Lyon a chance to complete his planned mitigations.


Brodnick also spoke to the commission, admitting that he gets upset about the noise. But he said it wasn't just the noise – it's also the crowd. Early in the morning “they come outside and they go nuts,” he said, describing screaming people, revving Harley Davidsons and taking part in fights.


“This establishment is what's drawing the crowd to start the fights,” he said.


Racheal Ferguson, one of the bar's owners, told the commission that she feels like she and Lyon were wasting their time, as they've already done a lot to solve the issues.


Pointing to the thick commission packet, she said a number of issues cited in it had nothing to do with the bar, there were duplicate reports and numerous complaints from a single person – a reference to Brodnick.


“We are on top of this,” she said, noting the work they're doing and continuing to do.


Another neighbor, Pat Skoog, also complained about the noise, but said she wanted to see Lyon and Ferguson succeed, as they are young, innovative and really trying. “I hope they can work it out.”


Charlene Calvillo of Kelseyville said the tavern is a venue for local talent, and it also gives local people a place to enjoy themselves without going out of town.


Assessing reasons for pulling the permit


Britton, referencing city ordinances, explained that one of the required findings in the municipal code for granting zoning permits is that the proposed use be in the right district, be consistent with the general public and zoned commercially, and not create a detrimental impact.


As to that detrimental impact issue, “That's what we're talking about tonight,” he said, explaining that the evidence from the police department and the neighbors led to a finding that the bar was having that kind of affect on the community.


In response to some of the input from bar supporters, Spillman said that while residents around the establishment should acknowledge that a bar has been in the area for some time, he said the venue has also changed over the last year, and that residents there have noticed it.


“I think it's important to note that,” he said.


Taylor asked about the delay in the correspondence between Lyon and Carlton. Britton said a building permit application was not submitted, and Carlton was giving a courtesy-type inspection.


Knoll said the building official is not a consultant, and that it's the right of the property owner to prepare and submit plans. Lyon would later clarify that Carlton had told him to take no action until he heard from him.


Regarding Lyon's plans to enclose a smoking area, Knoll said state law prohibits that. “It just isn't going to work.”

While a lot of fingers were being pointed at one person making complaints, when a complaint is registered – whether it's one person or 10 – “the city has an obligation to respond to that complaint,” Knoll said.


A decibel level is not applied in this instance, Knoll said, but instead it depends on the criteria to which Lyon agreed, including keep the sound to the premises, a condition that “was very explicit.”


“That was agreed to by the business owner. That condition has not been complied with,” he said.


Lyon wanted to respond and Gayner told him the hearing had closed. Some of the audience members became angry – with someone yelling about railroading – before about a dozen people walked out.


Knoll said the city is concerned about small business and business in general. As part of his job, he spends a lot of time trying to encourage business activities, and is a small business owner himself.


“We're very concerned about it,” he said. “Our intention is to support small business, not to close small business.”


However, the city has an obligation to investigate complaints. Knoll said the commission had two options – revoking the permit or suspending it, which would give the city the option to work out a solution with the bar.


Britton said the suspension could be lifted after the city and police department work out additional conditions for operation.


Spillman moved to suspend the permit, which Taylor seconded and the commission approved 4-0.


After the crowd filled out, Lyon and Ferguson continued talking with city staff, voicing their frustration over the situation.


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 .

KELSEYVILLE, Calif. – Lake County Sheriff's detectives are looking into a report of a homicide in the Kelseyville area, but despite clues they're hitting dead ends due to the lack of a body or the possible identity of the victim.


Capt. James Bauman said a male subject told authorities on Oct. 12 that he was asked to remodel a home in Kelseyville some time previously.


When the man went to remodel the home, he found bullet holes in the walls and a bloodstained carpet, which led him to believe a murder had taken place, Bauman said.


The man said he went forward with the remodel, but kept the padding underneath the carpet, telling detectives he felt it was the right thing to do, according to Bauman.


Sheriff's detectives recovered the carpet pad from the man's Lower Lake home. Bauman said it did appear to contain a blood stain, and it was sent to the Department of Justice lab for testing.


Based on testing, “They're feeling it is in fact blood stain,” said Bauman, however, the tests have not been totally conclusive, in part due to the use of a cleaner on the carpet pad.


With the test results raising concerns, on Dec. 1 detectives served dual search warrants at the Kelseyville residence where the remodel took place, he said.


As the man had described, they found bullet holes in the walls of the hallway, with the holes patched up, Bauman said.


They followed up by executing another search warrant on a Clark Drive property in Kelseyville over the weekend, Bauman said.


Cadaver dogs were used to search the property, and Bauman said the dogs alerted on a certain area.


Because it was late, the search had to be suspended and sheriff's personnel ended up having to spend the night on scene to keep it secure, according to Bauman.


The next day, another set of cadaver dogs were brought in, but they didn't hit on the same area as the previous set of dogs did, he said.


Bauman said an excavation was carried out of the area where the first dogs had hit, but no body was found.


At this point, Bauman said they have a suspicious circumstances case that has been suspended due to leads.


As to the possible identity of the victim, Bauman said they have no clues thus far, and they're still assessing the witness' reliability.


Anyone with information on the case can call the sheriff's office at 707-262-4200. Bauman said callers don't have to identify themselves when passing along information on crimes.


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 .

OAKLAND – California Attorney General Edmund G. Brown Jr. on Monday announced an agreement to upgrade the quarter-century-old wind turbines in Altamont Pass to make them more efficient and less deadly to migratory birds.


“This landmark settlement mandates the replacement of outmoded wind turbines with newer models that are more efficient, generate more power and are less harmful to eagles, falcons and other birds,” Brown said.


The Altamont Pass Wind Resources Area in Alameda and Contra Costa counties is the site of the world's first wind turbines.


These units, constructed more than three decades ago, are now outdated, inefficient and deadly to thousands of birds each year, Brown's office said.


Tuesday's settlement is between environmental groups, the state, and NextEra Energy Resources, the largest turbine operator at the site.


Under the agreement, NextEra will upgrade all its older-model turbines. Scientific data shows that newer, larger turbines are more efficient and kill far fewer birds.


A 2004 study commissioned by the California Energy Commission found that the 5,400 older turbines operating at Altamont Pass killed an estimated 1,766 to 4,271 birds annually, including between 881 and 1330 raptors such as golden eagles – which are protected under federal law -- hawks, falcons and owls.


The bird fatalities at Altamont Pass – an important raptor breeding area that lies on a major migratory route – are greater than on any other wind farm in the country, the study showed.


In September 2005, Alameda County renewed permits for the turbines, but several Audubon Society chapters and Californians for Renewable Energy (CARE), a local environmental group, challenged the permits in a lawsuit under the California Environmental Quality Act (CEQA).


After a settlement failed to substantially reduce the large number of bird fatalities, Brown stepped in and brokered today's agreement.


Under the agreement, NextEra will replace some 2,400 turbines over the next four years and will shut down all its existing turbines no later than 2015.


The company also has agreed to erect the new turbines in environmentally friendly locations.


NextEra agreed to pay $2.5 million in mitigation fees, half to the state Energy Commission's Public Integrated Energy Research Program and half to East Bay Regional Park District and the Livermore Area Regional Park District for raptor habitat creation.


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KELSEYVILLE, Calif. – A local woman was involved in a fatal crash last Sunday in the Bay Area.


Lura Rockhold, 39, of Kelseyville, collided with another vehicle in which a male passenger was killed, according to Sgt. Kenny Park of the Vallejo Police Department.


Park said Rockhold was driving on Sonoma Boulevard in a Toyota Tacoma when she collided at an intersection with a silver Ford Focus traveling eastbound on Yolano Street, Park said.


Rockhold's pickup hit the driver's side of the Ford Focus, Park said.


The 43-year-old female driver – whose name Park didn't have but who Bay Area media reported to be Lisa Hernandez of Petaluma – sustained injuries including several broken bones, he said.


Park said a 39-year-old male subject riding in the front passenger side of the Focus sustained fatal injuries. Media reports identified the man as George Hernandez, Lisa Hernandez's husband.


The Vallejo Police Department's traffic division is still investigating the crash, Park said, adding it's too early to say if the crash – which was initially reported as the result of Rockhold running a red light – could result in charges against Rockhold.


“I don't think we've got that far yet,” Park said.


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 .

LAKE COUNTY, Calif. – The state of California's tough economic picture is resulting in cutbacks in hours and services at local state parks.


With the October state budget expected to keep some park closures in effect and hit other parks with deep cuts, coupled with the failure last month of Proposition 21 – which would have added $18 to the state vehicle license fee in order to support state parks – the California State Parks Foundation had warned of closures and service reductions.


The nonprofit foundation, which lobbies for state parks, also warned that, with no new funding sources in sight, the damage that has been done to state parks system through decades of budget neglect will continue and take years to fix.


On the government side, California State Parks Department Sector Superintendent Bill Salata – who oversees Anderson Marsh State Historic Park in Lower Lake and Clear Lake State Park in Kelseyville – said he was told to save $38,000 in operating costs for Clear Lake State Park and $14,260 at Anderson March.


Accordingly, at Anderson Marsh, “We've closed the gates Monday through Friday,” with the park only open on weekends.


In addition, he said three of the park's four chemical toilets were removed and trash service was ended, so visitors must pack their garbage in and out.


Volunteers will continue to do occasional tours, but schools and civic organizations that held midweek events won't be able to do so, which will be one of the largest impacts, Salata said.


At Clear Lake State Park, Salata said several dumpsters have been pulled as they've taken cuts in garbage collections. They've also closed down the combination toilet/shower facility, and left just one campground loop open in Kelsey Creek at this time of year.


The upper and lower Bayview campgrounds will only be open from Memorial Day through Labor Day, he said. “ All those facilities up there are shut down for the off season.”


Also closed at this time are the swim beach and day use area, and the nearby restroom facility, he said, noting, “I need to evaluate when that will be reopened.”


Salata, who transferred to the area in June, said he's “definitely evaluating” future cuts, including closing Clear Lake State Park a few days a week, “which is something I don't want to do but I'm going to look at it.”


Interpretive associations assist in keeping parks vital


Providing important support and funding for park activities are the county's two interpretive associations, and representatives of those groups say they intend to continue their work in the face of the challenges.


Madelene Lyon, president of the Clear Lake State Park Interpretive Association (CLSPIA), said the group has, for many years, paid the cost of having an interpretive specialist. That job currently is held by Val Nixon, a retired Clear Lake State Park ranger.


“It's just working out beautifully,” said Lyon, noting that without the CLSPIA's support there would be no interpretive programs.


“In that respect, we are doing just really quite a bit to help this whole situation,” said Lyon, who explained how hard CLSPIA works to raise the funds.


One of the group's projects, the park's new education pavilion – located near the park visitor center – has just been completed. Lyon is planning to do a walk through on Tuesday, with the state fire marshal needing to sign off to fully complete the project.


The group will then put the furnishings in place; Lyon said they're now in the process of buying tables and chairs. CLSPIA plans to continue raising funds for microscopes and other equipment for education groups.


She said CLSPIA is planning an early spring grand opening for the pavilion. “We are so proud of our building,” she said. “It just looks like that spot was waiting for that building.”


Roberta Lyons, president of the Anderson Marsh Interpretive Association (AMIA), said the group plans to continue with its activities, which include offering monthly walks and tours of the property and the historic ranch house.


Support of the park is one of the AMIA's main functions, and Lyons said they're focusing on what they have – including the park's natural and cultural resources, and interpretive opportunities.


They're also trying to expand their volunteer base so they can do more things at the park, she said.


Lyons said the AMIA and its members are not totally discouraged. “We think we're going to be able to keep the park going, even if it's on the weekends.”


They recently invested $7,000 to have a professional do a bat exclusion and remediation project, which Lyons was careful to note didn't include killing the bats.


This past September, AMIA and the Children's Museum of Art and Science held their annual Old Time Bluegrass Festival, which brought in between $6,000 and $7,000 and is their largest fundraiser of the year, said Lyons.


That and other events allows the AMIA to invest several thousand dollars a year into the park, she said.


“As an organization, we feel we can make some good things happen there still,” she said. “We plan on doing what we can to keep it going.”


California State Parks Northern Buttes District Superintendent Marilyn Linkem told Lake County News that the agency is trying to stretch thin resources to serve the parks.


“What we're trying to do is keep as much open as we can with the limited staff that we have,” she said.


However, she pointed out of the parks, “We just won't be able to service them as well,” with visitors likely to see fewer rangers on patrol and fewer maintenance staff.


Linkem said the local parks wouldn't have their interpretive programs – such as tours or Junior Rangers – if it weren't for the work of the CLSPIA and AMIA. She said the parks can use more volunteers to help support the parks.


California's residents pay for the parks, said Linkem, adding that the goal is to keep the parklands open and accessible.


“The parks are for the people,” she said.


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 .

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A tree fell across Highway 20 and knocked down utility lines on Sunday, December 5, 2010. Photo by Julie Harmon.





LAKE COUNTY, Calif. – The heavy rain that hit Lake County on Sunday led to some spots of minor flooding in Lakeport, a downed tree and utility lines in Nice and hazardous road conditions elsewhere.


Rain fell steadily around the county on Sunday afternoon after forecasters had warned area residents to be prepared for precipitation.


The forecast proved accurate, with the resulting rains making for tricky driving conditions. The California Highway Patrol reported that rocks and small boulders had been spotted along areas of Highway 175 near the Granite Construction quarry, on Bottle Rock Road not far from Highway 29 and on Highway 20.


Early in the afternoon a large oak tree fell on Highway 20 at Hudson, knocking utility lines into the roadway, the CHP reported.


The incident originally was reported as a traffic collision just after 1 p.m. but later blamed on the tree alone, according to reports from the scene.


The CHP created a detour off of Highway 20 and onto Manzanita in order to allow utility crews to work on the pole. Caltrans, Northshore Fire and the sheriff's office also responded to assist with controlling the scene.


A call to Pacific Gas & Electric about possible power outages and other impacts was not returned Sunday evening. Mediacom also was reported to be working on lines at the site.


The roadway was reopened at about 4:45 p.m., the CHP said.


The rain appeared to get heavier in the late afternoon, and at around 5 p.m. Sgt. Kevin Odom of the Lakeport Police Department said he noticed some minor areas of flooding in the city, especially at around N. Forbes and 10th streets.


“Heavy rain has obviously done something to overload the system,” he said.


After he drove through the area and saw the flooding, Odom notified the city's Public Works Department.


Public Works staff put up barricades around the flooded areas and were working late Sunday evening to try to find out what was going on and how to fix it, Odom said, noting the water appeared to be going toward the lakefront.


Lake County News had received reports of some businesses in the area being flooded, but Odom said he wasn't aware of actual flooded structures.


The National Weather Service said Sunday that a surface cold front was located coming through the county, with rain expected to continue through the night and early Monday.


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 .

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