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SACRAMENTO – The California Department of Justice on Friday released the annual “Homicide in California 2010” report showing the rate of homicide crimes per 100,000 in population decreased 7.8 percent from 2009.


The total number of homicides declined from 1,970 in 2009 to 1,809 in 2010, the report showed.


In Lake County, the homicide rate remained flat in 2010, at four, the same as in 2009, according to the report. The peak year in the last decade for homicides was 2006, when there were seven in Lake County.


The homicide clearance rate, or percentage of reported crimes that have been solved, has increased for the fifth consecutive year. This year's rate of 63.8 percent is the highest since 2001.


The “Homicide in California 2010” report details information about the crime of homicide and its victims, demographic data on persons arrested for homicide, and information about the response of the criminal justice system.


Also included is information on the death penalty, the number of peace officers killed in the line of duty and justifiable homicides.


Among the highlights:


  • 80.3 percent of homicide victims were male, 19.7 percent were female.

  • 44.5 percent of homicide victims were Hispanic, 29.6 percent were black, 18.2 percent were white, and 7.4 percent were categorized as “other.”

  • Females were more likely to be killed in their residence, while males were more likely to be killed on streets or sidewalks.

  • When the victim-offender relationship was identified, 44.4 percent (the largest proportion) involved victims who were killed by friends or acquaintances. However a greater percentage of black victims were killed by strangers than were white or Hispanic victims (47.7 vs. 25.4 and 35.4, respectively).

  • Of homicides where the weapon was identified, the majority (71.2 percent) involved a firearm.

  • Of the homicides where the contributing circumstances were known, 36.1 percent were gang-related.


By the end of 2010, there were 709 persons under sentence of death in California. Of these, 34 were sentenced in 2010, 10 of which were in Los Angeles County.


Four California peace officers were feloniously killed in the line of duty in 2010.


The full report can be seen below.


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Homicide in California 2010

LAKE COUNTY, Calif. – Facing a $5.1 billion loss last fiscal year and dropping mail volumes, the US Postal Service is considering the closure of hundreds of mail processing facilities, including a 25-year-old Petaluma center that processes mail for areas including Lake County.


The US Postal Service is considering folding the operations of the North Bay Processing and Distribution Center in Petaluma, which opened in 1986, into the Oakland Processing and Distribution Center.


A public meeting was held on the proposal on Nov. 16 in Petaluma, and community members can still comment on the proposal by sending written comments to Theresa Lambino at the US Postal Service’s San Francisco District, P.O. Box 193000, San Francisco, CA 94188-3000.


Postcards must be postmarked by Saturday, Dec. 3.


A Facebook page, https://www.facebook.com/StopTheClosure.NorthBay, has been set up in opposition to the proposed closure.


Several people posting on that page said they had received little or no notice about the proposal.


Postal service spokesman James Wigdel said the proposed consolidation was announced back in September. He said the postal service doesn’t do a blanket mailing, but does inform the unions, employees, members of Congress for the area, local mayors and the media.


“It’s an established protocol that’s used across the county,” he said.


Earlier this year, the US Postal Service consolidated the North Bay center’s originating mail processing operations into Oakland’s as the result of a 2010 area mail processing study, Wigdel said.


Another area mail processing study conducted earlier this year on the remainder of the Petaluma facility’s operations led the postal service to conclude that it could realize a savings of about $2.5 million a year by moving all operations to the Oakland processing center, said Wigdel.


“In order to do that, we will have to change our service standards,” he said.


Currently, overnight delivery in local areas ranges between one and three days. Wigdel said that would change to two to three days.


The consolidation study going on with the Petaluma center is part of a nationwide effort, said Wigdel. “We’re trying to become efficient.”


There are about 500 such facilities nationwide, said Wigdel, and the US Postal Service is proposing to close about 250 of them.


“The reason that we’re looking at that is our volume is going down dramatically and has since 2006,” which Wigdel said was the postal service’s peak year for volume, with 214 billion pieces of mail.


The postal service’s nationwide system is designed to process and deliver 300 billion pieces of mail annually, but in fiscal year 2011 it only handled 168 billion pieces of mail, Wigdel said.


That’s because more people are becoming competent in using the Internet and paying bills online, said Wigdel, adding that the poor economy is causing businesses to put out fewer mailers.


“We lost just over $5 billion last year,” he said. “We don’t see us being in the black anytime soon.”


That loss would have been $10.5 billion if Congress hadn’t allowed the postal service to put off its required payment into its employees’ retirement plan. Even so, Wigdel said the US Postal Service has stated it can’t make the payment this month, when it’s required.


Wigdel said that once the comments period closes at the end of the day Dec. 3, comments and letters from the public will be evaluated and forwarded to the postal service’s Washington, DC headquarters.


He said headquarters hasn’t stated when it will make a decision, but one is expected early in 2012, Wigdel said.


No employees would be laid off; Wigdel said they will be transferred to other positions in surrounding areas, in accordance with union contracts.


It’s not yet been determined what would be done with the facility itself, Wigdel 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 Tumblr at www.lakeconews.tumblr.com, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .




111611 North Bay Processing Center Meeting

LAKE COUNTY, Calif. – Three decades after the AIDS epidemic began, powerful treatments, different perspectives, and a new global awareness and education campaign are being employed to eradicate the disease and its devastating consequences once and for all.


The 23rd annual World AIDS Day, Dec. 1, coincides this year with the launch of a new global campaign theme, “Getting to Zero: Zero new HIV infections. Zero discrimination. Zero AIDS-related deaths.”


In Lake County, the Community Care HIV/AIDS Program – which organizes the annual AIDSWalk – will host the AIDS Celebration of Life Remembrance at 4 p.m. Thursday, Dec. 1, at Clearlake Oaks Community Methodist Church, located on The Plaza.


Part of the World AIDS Day message is that, while treatments are becoming better and leading to longer lives for patients, the need to take precautions to avoid transmission of the disease remains a key component in the effort to end the 30-year-old epidemic.


The Centers for Disease Control reported that there are an estimated 34 million people living with HIV/AIDS worldwide, with two-thirds of those individuals living in developing countries.


The agency said nearly 1.2 million people in the United States are living with HIV infection, with approximately 50,000 Americans becoming infected with HIV each year.


Dr. Karen Mark, acting chief of the California Department of Public Health’s Office of AIDS, said HIV/AIDS remains a serious public health threat in California, with just over 121,000 of the state’s residents living with the diseases.


Public health officials are urging Californians to learn their HIV/AIDS status as a matter of routine health care.


Mark said testing is especially crucial to stopping transmission, as one in five people who have HIV/AIDS don’t know they’re infected.


In advance of World AIDS Day, on Wednesday the California Department of Public Health and the Office of Statewide Health Planning and Development released a new report, “Trends in the Hospitalization of Persons Living with HIV Infection and AIDS in California, 1988 to 2008.”


The report shows that the number of Californians afflicted with the HIV and AIDS has grown. At the same time, however, it showed that acquiring HIV or AIDS is no longer the death sentence it once was.


The California Department of Public Health said there have been more than 152,000 AIDS cases reported in the state since the epidemic began in the 1980s, with more than 85,000 deaths resulting from the disease.


The number of new cases of HIV infection or AIDS reported annually in California increased steeply until 1992; however, when antiretroviral drug therapies were introduced, the numbers of new AIDS cases and deaths sharply declined, state officials reported.


Thanks to advances in antiretroviral “drug cocktails” patients now receive, those suffering from HIV/AIDS are living longer, healthier lives, according to Stephanie Clendenin, acting director of the Office of Statewide Health Planning and Development.


Those advances in medication have contributed to the significant hospital rate reduction, the Wednesday report shows.


Among the new report’s key findings is that the hospitalization rate per thousand persons living with HIV/AIDS peaked at 464 in 1992 before declining sharply following the introduction of the antiretroviral drugs, dropping to 221 by 2000 and 129 by 2008.


During the epidemic’s early years, approximately half of all hospitalizations involved opportunistic infection, but that number had dropped to about 20 percent by 2008.


In addition, by 2008, more than half of the hospitalizations for individuals living with HIV infection were for treatment of non-HIV or AIDS conditions.


Clendenin said another key finding is that the percentage of those who died during hospitalization also dropped, from 13 percent to 5 percent during the study years.


In reviewing hospitalization rates, Clendenin said rates have been consistently highest for blacks, with whites in second place until 1996, when Hispanics then moved into second place.


State public health officials acknowledged the challenges in tackling and eliminating health disparities associated with ethnic communities, which California Department of Public Health Director Dr. Ron Chapman said have become more apparent in recent years.


“I think we still have a long way to go in that work of eliminating health disparities,” Chapman said Wednesday.


Mark said Hispanics are more commonly dual diagnosed with HIV/AIDS, which is a result of late testing.


“That’s a missed opportunity” in terms of getting people into care, Mark said.


Late testing for Hispanics is believed to arise from a number of factors, from lesser health literacy, language issues and also the stigma that is still attached to the disease, Mark said.


As a result of better treatments, Clendenin said HIV/AIDS patients are living to an age where physicians are observing them developing age-related diseases just like the general population.


State statistics show that men account for the most cases, with total HIV/AIDS cases in men totaling nearly 183,000, compared to just over 20,000 for women.


Whites still account for the most HIV/AIDS cases, at 106,643, followed by Hispanics, 52,525, and blacks, 36,627, according to state reports.


Lake County sees new cases due to moving population


Lake County Public Health Officer Dr. Karen Tait agrees with state public health officials that the need for vigilance continues.


“It is good news that people who receive care for HIV infection can now live much longer and healthier lives,” she said. “At the same time, we cannot forget that HIV infection is a serious illness whose treatment does have side-effects, and that prevention of infection is a top priority.”


Tait said Lake County sees very few newly diagnosed HIV infections, generally zero to one annually.


According to the semiannual report of HIV/AIDS cases by county produced by the California Department of Public Health’s Office of AIDS, from April 2006 – when HIV reporting began – through this past June 30, Lake County had 19 total HIV cases, with one death, for a 5 percent death rate, just above the statewide average of 4 percent.


The report also showed that Lake County had 158 reported AIDS cases from March 1983 through June 30, of which 91 of the individuals were now deceased, for a 58 percent death rate. The statewide death rate averages 57 percent.


Tait said Lake County sees the same risk factor profiles that show up in the state statistics, with gay and bisexual men being the largest exposure category. State statistics show heterosexual contacts account for more reported cases of HIV and AIDS than intravenous drug users.


Perinatal exposure, which Tait said is virtually preventable through proper medical care, is a very small exposure group.


Tait said Lake County has seen an influx of patients living with HIV/AIDS, who she said are moving to the county because of economic factors, as well as clinic closures in neighboring counties – mainly in Sonoma, ranked no. 17 statewide for the cumulative number of HIV cases and No. 13 for the number of AIDS cases, according to recent state figures.


“People are coming here for treatment,” said Tait, pointing out that clinics such as the Lakeside Health Center in Lakeport, run by Mendocino Community Health Clinic, offer outpatient clinic resources for treatment of patient with HIV/AIDS.


Lake County News was unable to reach the clinic’s administration for comment on Wednesday.


Comparatively, Lake County has the 41th highest HIV cumulative caseload and the 40th highest AIDS caseload, based on the state’s semiannual report on cumulative HIV/AIDS cases by county.


“Our numbers remain really quite small,” Tait said.


Chapman told Lake County News on Wednesday that community health centers – such as Lakeside Health Center – play an absolutely critical role in caring for those who have HIV/AIDS.


Even with health care funding cuts, Chapman noted, “I have to say that with health care reform coming in 2014, I’m actually very optimistic about the role of community health centers.”


He said federal health care reform is providing more money for such clinics, which already are starting to see more funding for new centers and strengthening the infrastructures of existing clinics.


Tait said she wants to emphasize prevention messages as the best way to prevent HIV infection. Prevention also is the best way to tackle diseases such as Hepatitis C, commonly transmitted through intravenous drug use, and gonorrhea and other sexually transmitted infection that are acquired through unprotected sexual contact, Tait added.


The county has ongoing problems with gonorrhea and chlamydia infections, which indicates to Tait that the prevention message hasn’t reached all the people that it should.


While there is great emphasis placed on HIV prevention, Tait said Lake County does not receive funding for that activity.


“In the past we were able to provide screening tests for HIV, but that funding dried up, so now we refer people wanting to be screened to be tested through health providers using usual clinical laboratories, like any other medical test,” she said. “This is not necessarily a bad thing, but it may pose a barrier to testing for some high risk populations that aren't inclined to go to a medical clinic.”


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 Tumblr at www.lakeconews.tumblr.com, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .




1988-2008 AIDS and HIV Hospitalization Trends Report

A federal civil rights lawsuit against California’s ban on openly carrying loaded firearms has in public has been filed in the Federal Central District Court for California.


The suit was filed by Charles Nichols, president of CaliforniaRightToCarry.org. Nichols filed the suit as an individual; CaliforniaRightToCarry.org is not a plaintiff in this case.


Nichols’ suit names California Gov. Edmund G. Brown Jr., California Attorney General Kamala Harris, the city of Redondo Beach, its police department and police chief.


The defendants have until Dec. 14 to waive service of summons. Those who do not will be served the following day which coincides with the 220th Anniversary of the Second Amendment and the Bill of Rights.


In 1967, the California Legislature made it a crime to openly carry a loaded firearm in most public places in California. Nichols argues that the action was a “knee-jerk reaction” to the activities of the Black Panther Party, which included a band of its members marching into the California State Capitol building openly carrying loaded firearms.


One of the Penal Code sections enacted as a result was California Penal Code section 12031 which makes it a crime to openly carry a loaded firearm in incorporated cities and areas of a county where the discharge of firearms is prohibited.


The opinion of then-Attorney General Thomas C. Lynch was that “... it remains clear that the Legislature did not direct the provisions of section 12031 against all uses of firearms but only at uses of firearms which are inimical to the peace and safety of the people of California.”


Then-Gov. Ronald Reagan was adamant that the legislation not apply to openly carrying loaded firearms through town for peaceful purposes such as hunting.


The lawsuit was intended to disarm the members of the Black Panther Party. Since then, it has been applied to persons which the statute itself exempts such as hunters and persons with loaded firearms inside of mobile residences.


This year, Gov. Brown signed Assembly Bill AB 144 into law, which makes it a crime to openly carry an unloaded handgun as well. That law goes into effect on Jan. 1, 2012.


Nichols argues that, as a result, California has banned a complete class of weapons commonly used for the purpose of self-defense from being openly carried in public. Only unloaded rifles and shotguns may be openly carried after the new year.


The case number is CV-11-9916 SJO (SS). The case has been assigned to Federal Judge S. James Otero.


Funds for the lawsuit are being raised by open carry advocates across the state, including California Right To Carry, Riverside Open Carry Club, Inland Empire Open Carry, California Carry, The2A, Orange County Open Carry, OpenCarryClub.com, Bay Area Open Carry Movement and California Open Carry Movement.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

LUCERNE, Calif. – A young Glenhaven woman was arrested on Thursday after her attempt to pass other vehicles resulted in a crash that injured her passenger.


Taryn Rose Re, 19, was arrested for reckless driving causing injury, according to a report from the California Highway Patrol’s Clear Lake office.


Injured in the crash was 19-year-old Clearlake resident Jonesha Beasley, who the CHP said was riding with Re and suffered moderate injuries.


The collision occurred at 9:10 a.m. Thursday on Highway 20 at Paradise Cove east of Lucerne, according to the CHP.


The CHP said that Re was driving her 1998 Oldsmobile Intrigue eastbound on Highway 20 behind several vehicles when, while traveling through a righthand corner, she aggressively accelerated and used the right shoulder to pass vehicles ahead of her.


The report said Re lost control of her vehicle and spun across both lanes of Highway 20, with her Oldsmobile going off the north side of the road and traveling through a fence and overturning once, coming to rest on its wheels.


A Northshore Fire Protection District ambulance from the Clearlake Oaks station transported Beasley to Sutter Lakeside Hospital, where she was treated for moderate injuries, the CHP said.


After Re’s statement regarding the collision was obtained, witnesses were interviewed and the physical evidence at the scene was reviewed, Re was arrested, the CHP said.


Re’s booking sheet indicates she was arrested by CHP Officer Erich Paarsh, the crash’s investigating officer.


Her bail was set at $1,000. Jail records indicated she later posted bail and was released.


The CHP said Re is not suspected of driving under the influence of alcohol or drugs.


Both Re and Beasley were wearing their seat belts, the CHP 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 Tumblr at www.lakeconews.tumblr.com, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

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Jason Christopher Agustinovich, 36, of Lakeport, Calif., is facing several charges after allegedly leading law enforcement on a high speed chase while driving a stolen car, which he ended up crashing. Lake County Jail photo.




LAKEPORT, Calif. – A Lakeport man who attempted to outrun law enforcement in a Tuesday night high speed chase is facing several felony charges, including car theft, evading officers and driving under the influence.


Jason Christopher Agustinovich, 36, was booked into the Lake County Jail early Wednesday morning, according to jail records.


Agustinovich led law enforcement on a high speed chase in which he was driving at around 120 miles per hour, according to radio reports Tuesday night.


However, the chase ended shortly before 11:30 p.m. after Agustinovich lost control of the vehicle – described as a 1995 Mitsubishi – and crashed at 3600 Hill Road at Park Way, in front of Lakeport Fire Protection District Station 52, as Lake County News has reported.


While radio traffic indicated that Agustinovich was first pursued by Lake County Sheriff’s deputies, the California Highway Patrol joined the chase, with Officer Dan Frederick taking Agustinovich into custody just before 11:45 p.m. Tuesday.


Agustinovich was booked on felony charges of vehicle theft, evading a peace officer and possessing stolen property, and misdemeanors of driving under the influence and driving while on a suspended license.


His bail was set at $35,000. Jail records indicated he later posted bail and was released.


Agustinovich’s booking records indicate he is due to appear in court on Thursday, Dec. 1.


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 Tumblr at www.lakeconews.tumblr.com, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

A California man is facing a lengthy prison sentence after he was convicted of leading a nationwide drug ring.


Anthony Guidry Sr., also known as “Ant,” 46, of Vallejo, was sentenced on Friday to 220 months in prison, followed by five years of supervised release, for leading a nationwide conspiracy to distribute California-grown marijuana via the mail and common carriers to distribution outlets in approximately a dozen states across the country, including Virginia, according to the US Attorney’s Office.


Neil H. MacBride, United States Attorney for the Eastern District of Virginia; James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office; Daniel Cortez, Inspector in Charge of the Washington Division of the United States Postal Inspection Service; Earl Cook, Alexandria Chief of Police; and Colonel David Rohrer, Fairfax County Chief of Police, made the announcement after sentencing by United States District Judge Leonie M. Brinkema.


“Mr. Guidry led an extensive, nationwide marijuana distribution ring that targeted young markets, especially college campuses,” said MacBride. “He told conspirators that getting caught with marijuana means nothing but a slap on the wrist. Today, he was slapped with an 18-year tour in prison. We are committed to going after traffickers that make millions while placing young people at risk to this dangerous, addictive gateway drug.”


“The FBI continues to work with our law enforcement partners to eradicate drug traffickers who penetrate our communities and ply their illegal trade in our neighborhoods,” said McJunkin.


“This investigation once again puts those who choose to use the U.S. Mail to distribute marijuana or any other illegal narcotics on notice that they will not just get a slap on the wrist. They will be prosecuted to the fullest for their criminal activity,” said Cortez.


Guidry was among 19 individuals charged in June of this year for their involvement in the conspiracy to distribute 100 kilograms or more of marijuana. To date, 18 of those individuals have pleaded guilty, the US Attorney’s Office reported.


According to court documents, Guidry was the ringleader of a nationwide conspiracy to distribute premium California-grown marijuana to high-demand markets across the country.


Guidry focused on extending his enterprise as far as possible, recruiting distributors to help open distribution centers in cities and college campuses in states including Virginia, Georgia, Colorado, Kansas, Missouri, Texas, Louisiana, Florida, New York, New Jersey, and Pennsylvania.


He and several co-conspirators possessed firearms and used threats of violence to further and protect their criminal enterprise.


Over the course of several years, Guidry managed and controlled the distribution of marijuana by co-conspirators. The investigation showed they were able to obtain wholesale amounts of the drug for as little as $1,200 a pound, which they then resold at the retail level for as much as $5,000 per pound.


Members of the conspiracy, including Guidry, controlled numerous bank accounts through which proceeds from marijuana sales were laundered, as well as used couriers to fly around the country to pick up bulk cash payments and return them to California. Investigators conservatively estimate that the conspiracy generated more than $3 million in proceeds.


The arrests of these 19 individuals were a result of an ongoing Organized Crime Drug Enforcement Task Force investigation being conducted by the FBI Washington Field Office, the U.S. Postal Inspection Service, and the Alexandria and Fairfax County police departments. Assistant United States Attorneys Lisa Owings and Sean P. Tonolli are prosecuting the case on behalf of the United States.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

 

 

Artists conception of Habeatolel Pomo's Running Creek Casino

An artist’s rendering of the Habematolel Pomo’s Running Creek Casino, set to open in 2012 outside of Upper Lake, Calif. Image courtesy of JCJ Architecture.

 


UPPER LAKE, Calif. – Construction is set to resume on Northern California’s newest casino gaming facility.

Running Creek Casino, an enterprise of the Habematolel Pomo of Upper Lake, will be constructed in Upper Lake at a site along Highway 20.

The 33,000 square foot casino will feature 349 slot machines, six table games, a dining outlet, player’s club and gift shop.

The project, which already is under way, should add about 145 new jobs for area residents once it is built, the tribe reported Thursday.

“We’re very pleased to be moving forward with our construction plans,” said Tribal Chairperson Sherry Treppa. “Our goal is to make Running Creek Casino the most exciting gaming facility in the county, and the number one choice for visitors to the region.”

Treppa added, “The tribe is excited about creating new jobs here in our community and bringing more money to area businesses both during the construction phase and after through partnerships with local hotels and vendors. It is also our hope that this project will allow us to work towards economic self-sufficiency for our tribe, and that we can contribute to the economic success of Lake County and area tourism.”

Michael Schrader has been chosen as the general manager of the new facility. Schrader has experience opening new casino properties in Michigan and Oklahoma, and has worked in casinos for more than 12 years in a variety of managerial roles.

Running Creek is scheduled to open in the spring or early summer of 2012. The casino construction project began in 2004 and was approved by the Department of the Interior in August, as well as through a state compact signed in March by Gov. Jerry Brown.

The Habematolel Pomo of Upper Lake are a federally recognized tribe historically located in Upper Lake California.

In 2008, they were able to place 11.24 acres near their historic tribal lands into trust, which allowed them to create a gaming enterprise.

Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

 

Occasionally someone calls and tells me they are convinced that they should transfer their home into an irrevocable trust to avoid Medi-Cal estate recovery.


They are "sold" on that approach, but is it the right decision under present law?


Transferring ownership on the remote chance of receiving Medi-Cal is usually ill advised.


What if one never receives Medi-Cal and one's home is lost? Questions to first ask include: Should I transfer my house, if so when; to whom should I transfer my house; and how should I transfer my house?


Only assets in which a Medi-Cal recipient had some ownership at death are subject to recovery claims.


While one's principle residence is exempt for purposes of determining Medi-Cal eligibility, it is subject to Medi-Cal estate recovery after the Medi-Cal recipient and spouse die. Transferring such residence before death prevents future Medi-Cal recovery.


That said, anyone who expects to receive Medi-Cal soon and wishes to protect their residence should examine their options. One should act while they still have legal capacity to sign a deed. Many hedge their bets by using instructions in their power of attorney and living trust that authorize gifting.


Then there are income tax considerations. Gifting means that all appreciation in the home's value since it was originally purchased may be taxed to the beneficiary when they later sell the home.


If the property were inherited at the owner's death, rather than gifted during lifetime, then any appreciation in the owner's hands is eliminated from income taxation because the death beneficiary gets a so-called "stepped-up" basis for inherited assets.


For example, if someone purchased his home in 1980 for $75,000 and it is worth $175,000 at his death, then when the child who inherits avoids income tax on the $100,000 appreciation when he sells.


Gifting entails transferring ownership. Married persons typically transfer their residence to their spouse; if they are incompetent, then a court order is needed unless legal authority for gifting is already in place.


When children from prior relationships exist, concerns over disinheritance by a step-parent arise. In such case, the home may instead be instead left to their own children subject to a life estate, or right of occupancy, favoring their spouse.


The gift to one's children can either be through a deed to the children, as (equal or unequal) tenants in common, or through a transfer in to a trust for their benefit. Either approach can also be combined with a retained life estate that allows the transferor to continue to live in (or rent) the residence until they die, and for their beneficiaries to receive a "stepped-up" basis at their death.


An irrevocable trust can serve multiple purposes. Like a reserved life estate, it can protect the donor's right to live at home.


In addition, a trust can further allow for the home to be sold and for a new home to be purchased while the donor is alive, and/or for the sale proceeds to go to other beneficiaries, either immediately or over time.


It can also retain and protect the assets of the beneficiaries from their creditors. Again, a

life estate can be used to get a "stepped-up" basis.


Currently, an irrevocable trust is often unnecessary. One can either transfer the home with a reserved life estate or sell the home and gift the proceeds over time ("stacked gifting") without creating any ineligibility period.


Gifting all the proceeds as a lump sum within the present 30 month look-back period, however, creates an ineligibility period.


Eventually, when California implements the 2006 Federal DRA changes all gifting will create an ineligibility period. For now flexibility exists.


Lastly, consult a qualified attorney before proceeding.


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. Visit his Web site at www.dennisfordhamlaw.com.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

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Racing will continue at the Lakeport Speedway for years to come thanks to a newly signed contract that takes effect in 2012. Photo courtesy of the Lakeport Speedway.

 

 



LAKEPORT, Calif. – Lakeport Speedway and the 49th District Agricultural Association, which operates the Lake County Fairgrounds, have agreed to a new five-year contract, which will take effect in 2012.


The agreement was approved by the association’s board of directors at its Nov. 28 meeting. The previous agreement expired at the end of the 2011 racing season.


The new agreement calls for an earlier racing curfew in the years ahead and allows a later start date to the racing season, which has been hampered in recent years by weather problems.


At its inception in 1948, the racetrack was operated by Auto Racing Incorporated, a local group that later became the Northern California Racing Association, known as “NCRA.”


Lakeport Speedway has been operated by the NCRA, a nonprofit organization, since the mid nineteen sixties.


The track was paved in 1966, and has hosted a regular summer schedule of stock car races ever since.


State funding for the District Agricultural Association has been eliminated in 2012, and as a result the new agreement reflects increases in the rental fees the NCRA will pay on a nightly basis, as well as adding an annual financial guarantee.


In addition, NCRA will take on more responsibility for maintenance and upkeep of the track and surrounding areas of the fairgrounds, and will perform a series of capital improvements during each year of the agreement.


According to a 2009 economic impact study by the State’s Division of Fairs and Expositions, activities at the Lake County Fairgrounds, including the Lakeport Speedway operations, directly or indirectly created the equivalent of 75 full-time jobs and more than $10.9 million in local economic impact, including approximately $2.4 million in salaries and wages.


The fairgrounds also generates more than $102,000 in tax revenues like sales tax, local possessory interest tax for use of government property, and a variety of other licenses, fees and permits, many of them related to the racetrack.


The NCRA has struggled in recent years with the same economic forces that are impacting other businesses, but has taken steps to keep the speedway activities in action, including switching to less expensive types of race cars and adding fan attractions, such as the rolling demolition derbies known as “boat races.”


Both the District Agricultural Association and the NCRA recognize that the impacts on the community from racing activities are not only economic, and the new agreement requires changes to the speedway operation in order to mitigate some of those impacts.


While previous agreements required a minimum of 20 race days, the new agreement requires 16 days, a 20-percent reduction in the required number of racing days.


The new agreement also limits the start of any racing activities to noon, and phases in a curfew of 10 p.m. to take effect in 2013.


Previous agreements had no limits on when cars could began operating, and had a curfew of 11 p.m.


“While activities at the state-owned fairgrounds are not subject to the city of Lakeport’s sound curfew ordinance under the sovereign powers doctrine, both the association and the NCRA recognize that the city ordinance creates a community standard of reducing sound levels at 10 p.m., and the new agreement will phase in that curfew for the speedway as well,” said District Agricultural Association Chief Executive Officer Richard Persons.


“In 2012 the speedway operation will use 10:30 p.m. as a curfew, and in 2013 the standard for the speedway to meet will match the city’s ordinance,” said Persons. “We know many people enjoy the sounds of race cars, but that it gets old at the end of the night. This new curfew should help.”


The new agreement also reflects changes to the climate over the past decade, according to Persons.


Previous agreements allowed the racing schedule to begin on April 1 each year and ran through the middle of October, while the new agreement allows the season to start on April 15 and run through Oct. 31.


“The reality has been that the earlier dates have been running into weather problems over the last decade, while the fall has had great weather. This shift recognizes that reality,” said Persons.


The new agreement also is limited to auto racing activities, and allows the NCRA to contract with the association separately to promote other types of events on the fairgrounds.


Other events might include monster truck shows, car shows, demolition derbies, mud bogs, motorcycle events or rock crawling activities.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

LAKEPORT, Calif. – Lake County Mediations reported on Monday that it recently assisted in a local tribal election.


The nonprofit group conducted Big Valley Rancheria’s Tribal General Election on Oct. 15, according to a Monday report.


Big Valley Tribal Administrator Mickey Burke said this week that the tribe is not yet ready to release the election’s results.


Bill Koehler, Lake County Mediations Board member and elections coordinator, worked with tribal administrators to map out and design an election process that would address the tribe’s specific election ordinance and ensure that the elections were conducted in a fair and impartial manner.


Lake County Mediations reported that it managed all aspects of the election, from designing and printing the ballots, notifying tribal members of the pending election, mailing absentee ballots, managing the on-site election process and tabulating the results.


Lake County Mediations also reported that it certified the election results to the tribal government and to the U.S. Government.


“The election process on the 15th went smoothly and quickly,” said Lake County Mediations President Mary Heare Amodio. “Tribal members were friendly and were pleased that the election was being conducted by a group that was not affiliated with any particular tribal viewpoint.”


Conducting elections for tribal governments, homeowner associations, professional or service associations, or mutual benefit corporations is one of many neutral services provided by Lake County Mediations.


Because elections can be contentious, having an independent third party manage and oversee the election process helps organizations minimize conflicts that may arise, the group said.


Neutral organizations, such as Lake County Mediations, are able to tailor each election process to address the needs of that specific organization.


The services provided are determined by each organization and can range from managing the entire election process, to providing limited services such as the tabulation of the ballots and certification of the election results.


Use of a neutral third-party to manage the voting process, helps an organization create transparency in its election process and insures that the organization has a fair election.


Lake County Mediations has provided election services for other organizations in Lake County, including the Riviera Homeowners Association in Kelseyville and provides mediation services in the community to help individuals and small businesses deal with and resolve conflicts.


Visit Lake County Mediations online at http://lakecountymediations.org.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at www.youtube.com/user/LakeCoNews .

Upcoming Calendar

21Sep
09.21.2024 4:30 pm - 10:00 pm
Lake County Wine Auction
23Sep
09.23.2024 6:00 pm - 8:00 pm
Lakeport City Council candidates' forum
24Sep
09.24.2024 10:00 am - 1:00 pm
Farmers' Market at Library Park
28Sep
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5Oct
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12Oct
10.12.2024 10:00 am - 1:00 pm
Farmers' Market at the Mercantile
14Oct
10.14.2024
Columbus Day
14Oct
19Oct
10.19.2024 10:00 am - 1:00 pm
Farmers' Market at the Mercantile

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