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Piedmont Lumber & Mill Co. – which has sites in Lakeport, Calpella, Santa Rosa, Tracy and Pittsburg, and a quarry – is facing several serious legal and financial matters.
On March 1 Umpqua Bank filed a lawsuit seeking judicial foreclosure against the company. The same day, a federal lawsuit was filed against the company over its alleged failure to pay benefits to its union-represented employees, as Lake County News has reported.
Also on March 1, Umpqua Bank filed notices of default against the Lakeport store at 2465 S. Main St., which is a securing property on two loans totaling more than $14.5 million, according to county documents.
All of that bad news was topped off by a fire that burned Piedmont Lumber's Walnut Creek store on March 13. Contra Costa County Fire Protection District investigators completed their examination of the property this week but have not made a determination about the fire's cause, and also continue looking at the cause of a previous fire at the company's Pittsburg location last August.
Piedmont Lumber spokesman James Simmons told Lake County News on Friday that he is assisting the company with responding to inquiries about the Walnut Creek fire primarily.
“That's what we're focused on right now, is how to emerge from the Walnut Creek fire,” he said. “That's where all the attention has been.”
He said the company's managers have been given information about the fire situation which they're free to distribute to staff.
Regarding whether or not the company will rebuild and reopen the Walnut Creek location, “It's way too early to know,” he said, pointing out that the company only took back control of the premises earlier this week.
Simmons didn't have information on the company's plans for addressing the foreclosure actions and lawsuits, also noting it's too early. He also didn't know if the company was talking to its employees about its financial situation or whether store closures could result.
The company currently has about 180 employees across all of its sites, and 45 at its Lakeport store, Simmons said.
There have been recent staffing changes across the company but Simmons didn't have specifics.
Regarding concerns about the future of the Lakeport store, Simmons said that's understandable. “It's a nice store, it's a nice town.”
E-mail Elizabeth Larson at
The Lake County Chamber of Commerce released the list, which is included below, on Friday.
The Stars Selection Committee is receiving their books of nominations this weekend and will meet on Thursday, March 25, to discuss and vote on their selections, according to chamber Chief Executive Officer Melissa Fulton.
The results of that meeting will become known on Saturday, April 10, at the 13th annual Stars of Lake County Awards Program.
This year Stars is being held in the concert showroom at Robinson Rancheria Resort & Casino in Nice.
Nominees, community members and sponsors will gather for a special evening of recognition for the people who make Lake County a special place to live, work and play.
David Neft will once again entertain everyone during the reception, which begins at 5 p.m.
Dinner will be served at 6 p.m. with the presentation of Awards at 7:15 p.m.
Following the presentation of awards, there will be DJ music for those who wish to dance, presented by Tony Barthel of the Featherbed Railroad B&B.
Fulton said the Lake County Chamber wishes to thank all who took time to write nominations; their sponsors, including Cliff and Nancy Ruzicka, Westamerica Bank, Barry Parkinson, McDonald's Lakeport, Polestar Computers, Strong Financial Network, Lake County Land Trust, Foods Etc., Bruno's Shop Smart, Congressman Mike Thompson, Shannon Ridge Winery & Vineyards, John Tomkins, North Lake Medical Pharmacy and the Lake County Record-Bee.
Tickets for Stars are on sale at the Lake County Chamber office at 875 Lakeport Blvd., Monday through Friday, from 9 a.m. to 5 p.m.
Nominees tickets are $50 per person, while general public tickets are $60 person person.
Please contact the Chamber at 707-263-5092 with any questions.
2010 STARS OF LAKE COUNTY FINAL NOMINEES
MAN OF THE YEAR
1. Andy Weiss, Lakeport
2. Kyle A. Reams, Lucerne
WOMAN OF THE YEAR
1. Mildred Pickersgill, Lakeport
2. Paula Bryant, Hidden Valley Lake
3. Jennifer Rodgers, Clearlake
4. Maria M. FitzGerald, Hidden Valley Lake
5. Cheri Johnson, Hidden Valley Lake
LARGE BUSINESS OF THE YEAR
1. Mendo Mill Lumber & Home Center, Clearlake
2. Lake County Department of Social Services, Lakeport
3. Lakeport Grocery Outlet, Lakeport
SMALL BUSINESS OF THE YEAR
1. Pogo’s Pizza, Kelseyville
2. A&B Collision, Clearlake
3. Featherbed Railroad B&B, Nice
4. Quail Run Fitness, Lakeport
5. Kelsey Creek Coffee, Lakeport
6. Howard’s Grotto, Clearlake
7. Doug Reams Dental Office, Lucerne
8. Floortown, Clearlake
YOUTH ADVOCATE/VOLUNTEER
1. Peggy Alexander, Clearlake
2. Darren Brookshire, Hidden Valley Lake
YOUTH ADVOCATE/PROFESSIONAL
1. Brian Sumpter, Cloverdale
2. Barbara Clark, Lakeport
3. Jill Hoeffer, Lakeport
4. Lucas Madrzyk, Lower Lake
STUDENT OF THE YEAR, MALE
1. Chance Crail, Lakeport
2. Benjamin Mullin, Lucerne
STUDENT OF THE YEAR, FEMALE
1. Cylinda Neidenbach, Kelseyville
2. Tenae Stewart, Middletown
3. Courtney Havrilla, Upper Lake
4. Laura Wold, Lucerne
AGRICULTURE AWARD
1. Yerba Santa Goat Dairy, Lakeport
2. Renker Farms, Lakeport
ARTS AWARD/AMATEUR
1. Lake County Theatre Co., Lakeport
2. Bert Hutt, Lakeport
3. Vicki Werkley, Lower Lake
4. Richard Seisser, Lakeport
VOLUNTEER OF THE YEAR
1. Denise Johnson, Kelseyville
2. Carol Thorn, Lakeport
3. Phil Spooner, Clearlake Oaks
4. Scott and Melody Deleon, Lakeport
5. Alberta Knoll, Lakeport
6. Pete and Carol Germenis
MARLA RUZICKA HUMANITARIAN OF THE YEAR
1. Richard Birk, Hidden Valley Lake
2. Debra Rodrique, Middletown
SENIOR OF THE YEAR
1. Mrs. Freda Mohr, Lakeport
2. Jean Welch, Lakeport
3. Harry Graves, Clearlake
4. Edward McDonald, Lakeport
5. Rita Doyle, Clearlake
6. Jacque Spiker, Middletown
BEST IDEA OF THE YEAR
1. Paperless Newspaper via Lakeconews.com, Lucerne
2. Cardboard and Duct Tape Regatta by Lakeport Yacht Club, Lakeport
3. Woody’s Café (at Kelseyville Lumber), Kelseyville
ORGANIZATION, VOLUNTEER
1. Lake County Community Radio, Lakeport
2. Soroptimist International of Clear Lake, Clearlake
3. L.E.E.F., Lakeport
4. Mt. Konocti Facilitation, Lakeport
5. Lakeport Rotary Club, Lakeport
6. Lake County AARP tax preparers, Lakeport
ORGANIZATION, NONPROFIT
1. P.A.C.K Arts Academy, Middletown
2. Healing Rooms of Lake County, Clearlake
LIFETIME ACHIEVEMENT
1. Audrey Lenore Keithly Murphy, RN, (Posthumously)
2. Thomas Hewlett, DDS, Clearlake
3. Frances Crary (Posthumous)
4. Esther Tarin-Flores, Kelseyville
NEW BUSINESS OF THE YEAR
1. LuLu’s Ice Cream & Desserts, Kelseyville
2. Lyndall’s Sport Stop Grill, Kelseyville
3. Guido’s Pizzeria, Kelseyville
4. Lake County Jazzercise, Middletown
ENVIRONMENTAL AWARD
1. Terry Knight, Lakeport
2. City of Clearlake Planning Commission, Clearlake
3. Bill Stone, Clearlake
4. Marilyn Waits, Kelseyville
5. Roberta Lyons, Lower Lake
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Such nonprobate community property assets include retirement annuity policies, and employee benefit or retirement plans where the participant contributed marital (community property) earnings to such investments.
Let’s examine the legal requirements for designating beneficiaries and for changing such designations.
The law recognizes that nonprobate assets act as will substitutes even though the testamentary formalities associated with a will are not required with respect to designation of beneficiary forms.
Accordingly, a married person can only bequeath (gift) his or her one-half of the community property interest in a nonprobate asset upon the death of the participant spouse, whose life span dictates when the nonprobate asset in question passes to someone else.
That is, both spouses must sign the designation of death beneficiary form in order to control the disposition of 100 percent of the nonprobate community property asset – such as an annuity or retirement plan – upon the death of the participant spouse in question.
By signing this form, the nonparticipant spouse is consenting to the designation of beneficiary.
If the participant spouse later signs a new designation of death beneficiary form, without obtaining the consent of the nonparticipant spouse, then the outcome depends on whether or not the nonconsenting spouse is alive. If he is still alive, the new designation of death form controls the disposition of only one-half of the nonprobate asset.
For example, say the original (consented-to) designation of beneficiary for a retirement plan provides that the couple’s daughter receives 75 percent and their son receives 25 percent; and thereafter the participant spouse signs a new designation of beneficiary form (a modification) without the consent of the non participant spouse and changes the distribution to 50 percent to each child.
That second (modified) designation is only effective as to the one-half community property interest controlled by the participant spouse. The earlier signed consent by the nonparticipant spouse on the original designation of beneficiary form is revoked, which means that the other half of the nonprobate asset passes pursuant to the “will” of the non-participating (now non-consenting) spouse, and may entail a court probate of the non-consenting spouse’s will.
If the nonconsenting/nonparticipant spouse is not alive when the modification was executed, then the outcome depends on whether the deceased nonparticipant spouse revoked original consent and gave his community property rights to his surviving spouse (to allow him or her full control).
That is, did the deceased nonparticipant spouse sign a will, or other written document, that revoked consent and gave away the rights and interest to such nonprobate community property asset? If so, the modification will control the entire the nonprobate community property asset. In our example, the retirement plan would then pass equally to daughter and son alike.
Otherwise, where the modification is signed after the spouse has died, the original (consented to) designation of death beneficiary form becomes irrevocable and so remains effective as to the nonconsenting spouse’s one-half interest in the community property asset.
In our example, this means half of the retirement plan still goes 75 percent to the daughter and 25 percent to the son (as originally agreed), while the other half goes 50 percent to each child (pursuant to the modification).
As a rule, if husband and spouse each have the same children and are in agreement, I recommend that each spouse allow the other full control over nonprobate community property assets.
If, however, the spouses have separate children and so have different testamentary intentions, I caution against each spouse granting the other full control.
Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 1st St., Lakeport, California. Dennis can be reached by e-mail at
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Assemblymember Noreen Evans (D-Santa Rosa) was appointed as the State Assembly’s Majority Whip and Assemblyman Wes Chesbro (D-Arcata) will chair the Assembly Natural Resources Committee and the Joint Committee on Fisheries and Aquaculture.
Evans previously served as chair of the Assembly Budget Committee. The new appointment went into effect Thursday.
“I am extremely honored that the speaker has entrusted me with this important position,” she said in a written statement. “I look forward to helping to increase the efficiency and effectiveness of the State Assembly and to make our state more responsive to the needs of all Californians.”
Evans, who is currently in her third and last term in the Assembly, is running for the District 2 state Senate seat currently held by Patricia Wiggins, who is retiring at year's end. Also in that race are Lawrence Wiesner, David Rosas, Tom Lynch and Joanne Sanders.
In appointing Chesbro to the chairmanship of the Assembly Natural Resources Committee and the Joint Committee on Fisheries and Aquaculture, Pérez said Chesbro “has a deep knowledge of the issues, a background in recycling that includes years of service on the Integrated Waste Management Board and strong, positive relationships with environmentalists and the natural resources industries.”
Chesbro thanked Pérez “for entrusting me with the stewardship of these vital committees.”
“My focus in the Assembly since the day I took office has been to put the First District first,” Chesbro said in a press statement. “All the issues these two committees have jurisdiction over directly impact the First District, including California’s Environmental Quality Act, forestry practices, land conservation, coastal protection, oil spills, solid waste and recycling, renewable energy, air quality and climate change.”
Pérez also appointed Chesbro to serve on the Environmental Safety and Toxic Materials, Governmental Organization, Higher Education and Budget committees, including the Budget subcommittees on Health and Human Services and Education Finance.
He also will remain chair of the Assembly Select Committee on Disabilities.
Chesbro is seeking reelection this year. He will face Green Party candidate William P. Meyers and Republican Karen Brooks in the June 8 primary.
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The average snowpack measured at the end of the month was 70.4 inches, with water content measuring 25.7 inches, forest officials reported on Thursday.
Those measurements are 113 percent of average snow pack and 105 percent of average water content, according to the report.
The historic average for this time of year is 61.8 inches of snow pack and 24.7 inches of water content.
“We started this season with a bang at 121 percent of average for water content, but are approaching average this month,” said Forest Hydrologist Robin Mowery. “There are still several decent storms predicted this season and the hope is that snow pack will be at least average this year, if not better.”
For reference, 1991 was the record low with 4.1 inches of snow pack. The record high was in 1969 with 148.8 inches of snow pack.
Mendocino National Forest employees Jordan Saylor and Kevin Case took the recent snow measurements.
Snowpack and water content monitoring is an important tool in determining the coming year’s water supply. The data is used by hydrologists, hydroelectric power companies, the recreation industry and other organizations.
More than 50 agencies and utilities, in coordination with the California Department of Water Resources, visit hundreds of snow measurement courses in California’s mountains as part of the Cooperative Snow Surveys Program. For more information on California snow surveys, please visit http://cdec.water.ca.gov/snow .
Originally established in 1944, the Anthony Peak snow course provides data for precipitation draining into the Grindstone watershed into Stony Creek and the Black Butte Reservoir, ending in the Sacramento River.
Runoff from the Mendocino National Forest is critical in providing surface water and ground water for the surrounding communities.
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