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LAKEPORT, Calif. – Construction and other activities were highlights of the past year at Westside Community Park.
Receipt of a major grant, the inaugural Grillin’ on the Green, and completion of earthmoving and stockpiling donated grindings from the Highway 29 repaving project were among the major accomplishments.
The Westside Community Park Committee is the recipient of a grant from the Pacific Forest & Watershed Lands Stewardship Council.
This infrastructure grant for $200,000 over two years is funding the final grading, installation of an irrigation system, provision of electricity, planting of grass and construction of two sets of backstops and dugouts.
When completed this five-acre portion of the park will contain a baseball field, a Little League field and three soccer fields.
As a donation to the park, Ruzicka Associates of Lakeport developed a grading plan and then surveyed and staked the site for the final earthwork. Funded by grant money, the final grade was completed.
Following a soils analysis, amendments were purchased and added to enrich the soil. Longtime park supporter RB Peters of Lakeport donated time and equipment and, utilizing additional equipment donated by the Wooldridge Ranch, worked the amendments into the soil and landplaned the field to its final form.
Wyatt Irrigation in Ukiah created an irrigation plan and the committee purchased the needed materials to install that system. The company donated the sprinkler heads for the system.
The rains began before installation could occur. The materials are being stored and installation will be the first activity to take place in the spring.
The last activity to occur on site this season was the placing of erosion control measures for the winter.
Under California law, these measures must be in place by Oct. 15 and remain until at least April 15.
In August the committee held its first onsite fundraising event. Grillin’ on the Green was a barbecue cookoff featuring service clubs and individuals. The People’s Choice Competition was won by the Irwin family from Kelseyville.
The goal of the Committee in hosting an event at the park was to get people out there for a fun day.
Many in attendance said it was their first visit. Music by the LC Diamonds and activities for children added to the fun.
With the assistance of many sponsors, especially the Keeling-Barnes Family Foundation and the Priest Family Trust, the event cleared more than $16,000.
The committee plans to make this an annual event. The second Grillin’ on the Green is scheduled for Saturday, Aug. 6, 2011.
Granite Construction Company agreed to donate more than 20,000 tons of asphalt grindings generated from the repaving of Highway 29. These grindings are being stored on site and will be processed and used as road base under roads, driveways, parking lots and trails.
Others in the community came forward to assist with moving the grindings on site. RB Peters offered the use of a dozer. Larry Wise of Scotts Valley volunteered as the equipment operator of this seven-day project. Westgate Petroleum of Lakeport donated 450 gallons of diesel fuel.
The value of this donated material is $350,000. This was accomplished at no cost to the committee as a result of those making donations.
Planning for the 2011 construction season is currently under way. The committee’s goal for next year is to have five acres of athletic fields planted and a baseball field and a Little League field completed.
Rollins recently announced that interested individuals will soon be able to track progress and obtain information about the park online.
A Web site is under development by Bit Sculptors of Lakeport. Owner Eric Schlange has offered to create the site as a donation to the park. The address will be westsidecommunitypark.org.
The Westside Community Park is located at 1401 Westside Community Park Road, Lakeport. Westside Community Park Road is accessed from Parallel Drive between the Kathy Fowler Auto Dealerships and Mendocino College.
Dennis Rollins is chair of the Westside Community Park Committee.
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EUREKA, Calif. – As news came out this week that a state legislator is suing the state over a pay cut, the North Coast's representative in the state Assembly said that pay cuts for legislators were the right step to take last year
Assemblymember Wesley Chesbro (D-North Coast) said he accepted the 18 percent legislator pay cut in 2009 because it was the right thing – for him – to do and criticized an attempt by Assemblymember Gil Cedillo to undo it.
“My goal is to restore paychecks for my district, not for myself,” Chesbro said. “I accepted that pay cut in 2009. I accept it now. We should be leading by example. And that example should not include complaining about lost pay when so many of the people we represent are dealing with hard times.”
The California Citizens Compensation Commission sets the salaries of state legislators.
In December 2009 the Commission voted to cut legislators’ pay and benefits by 18 percent.
Cedillo, a Democrat from Los Angeles, represents the 45th District in the state Assembly.
He has filed a claim with the California Victim Compensation and Government Claims Board alleging the cuts are illegal.
Cedillo wants the Claims Board to restore the 18 percent, retroactively, for all 120 legislators.
“We go into the new year with a new governor and the hope and commitment to finally resolve the budget mess,” said Chesbro. “We need to get off on the right foot. And thinking about our own paychecks is not the right way to do that.”
Cedillo is being roundly criticized statewide for taking the action, which critics point out is being taken at a time when the state is struggling financially.
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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
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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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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
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