SNTs help people with special needs to remain eligible for needs based government benefits (e.g., SSI/Medi-Cal) who might otherwise lose such benefits due to an inheritance, personal injury award, or a lucky wind-fall.

Many people who know about the first two types of SNT generally do not know about pooled SNTs.

A pooled SNT is so-named because multiple beneficiaries participate in a single trust, but with separate accounts.

The pooled SNT is not drafted by a private attorney, nor is it established either “by or for” any one individual beneficiary. Instead, it is established by a nonprofit organization, which is also the trustee, for the benefit of many participants.

That organization manages and invests the assets for the benefit of all beneficiaries. Thus small accounts receive better investment opportunities.

Pooled SNTs are often attractive when small amounts are involved that would otherwise not justify a separate trust.

Currently there are around six pooled SNTs serving California. Each provides a different benefits package. Each charges a one-time “enrollment/joinder fee” and recurring “annual fees.”

These fees vary. For example, the Proxy Parent Foundation Plan of California charges a one-time enrollment fee of 1.5 percent of the trust balance (not to exceed $1,800 or less than $500) and a 1.25 percent annual fee. The Center for Special Needs Trust Administration charges $2,500 for enrollment and a 2% annual fee. These fees can change.

Pooled SNTs are not for everyone. They will not accept to own and/or manage real property (such as the house where the beneficiary lives); any real property must first be sold and the cash proceeds deposited with the trust.

Pooled SNTs can be located far away from where the beneficiary lives. Pooled SNTs will usually keep what remains when the beneficiary dies for their own non-profit mission. And, some find the annual costs too expensive.

Nevertheless the pooled SNT can be very useful in situations where the other types of SNTs are not solutions.

Consider the “self-settled” SNT which requires that a parent, grandparent or a guardian establish the trust solely for a person with special needs who is under age 65. This SNT cannot be established by the beneficiary himself/herself; nor can it be established for a beneficiary over age 65.

In addition, it cannot be established for multiple beneficiaries of the same trust.

Next, consider the “third party” SNT. It only applies when someone other than the special needs person (often a family member) is gifting his/her own assets.

The third party SNT cannot receive assets directly from the beneficiary. Like the self-settled type, the third party SNT requires someone to act as trustee who must either understand public benefits law or work closely with someone who does. Otherwise, the trustee will likely make improper distributions that could cost the beneficiary his or her benefits.

By contrast, the pooled SNT can be joined by anyone, and can receive assets from anyone. Furthermore, the pooled SNT provides a competent trustee.

Thus, someone who is over 65 and receiving SSI or Medi-Cal can still join a pooled SNT and can contribute his or her excess resources directly to the pooled SNT.

And someone who cannot find a qualified person to act as trustee for a third party SNT can solve that problem by joining a pooled SNT.

In sum, pooled SNTs can be a savior when someone cannot otherwise qualify for another type of SNT; when the amount to be invested is too small for a separate SNT; and when a trustee cannot otherwise be found. The value of this type of SNT should not be overlooked.

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LAKEPORT, Calif. – With a wiener dog race, Oktoberfest costume contest, an authentic German band including strolling accordion players and a spectacular beer and wine garden, Lake County will celebrate the return of Oktoberfest on Saturday, Oct. 1.

The event will take place from 11 a.m. to 10 p.m. in downtown Lakeport.

Despite the already-exciting blend of local craftspeople and service clubs who have rushed to be vendors at this year’s event, some booth spaces are still available.

Planned festivities for this day-long event include a Dachshund Derby wiener dog race as well as a rubber duckie regatta and other live entertainment all day including two live bands, contests such as pretzel eating, Dirndl/Lederhosen outfit, beer stein running and others.

A contest for the best authentic beer stein will be held at the Lakeport Party Store on Third Street across from Museum Park.

There also will be a pretzel guessing contest and even live radio feed on FM 88.7 throughout the day within a mile of the event. The event will conclude with a street dance featuring the Jimi Z Band.

Downtown merchants will participate in Oktoberfest and you may see many of them in costume when the day comes as well as the vendors along Main Street.

One of last year’s biggest highlights was the Dachshund Derby, a running of the wiener dogs. This year’s Oktoberfest is going to kick off with these little longies making their costumed dashes.

Dachshunds come from all over to participate with many of their clever human companions outfitting them in costumes. Large and small dachshunds are welcome and, of course, costumes are highly encouraged with cash prizes for speed and outfits.

The music has been stepped-up this year with two bands highlighted. During the afternoon Showcase the Band will step to the stage with authentic German music, merriment and audience participation from 1 p.m. to 5 p.m.

From 6 p.m. to 10 p.m. The JimiZ Band will perform for a street dance with music of all sorts to delight the audience.

From 5 p.m. to 6 p.m. a new activity will join the parade as we introduce a Rubber Duckie Regatta. Rubber duckies are available for purchase from the Lake County Chamber office in Lakeport for $5 with participants encouraged to add flair to their quacker for inclusion in the race.

Participants will have a chance to race their duckies in rain gutters from 5 p.m. to 6 p.m. using whatever means of propulsion they can muster, so long as they don’t touch their ducks. Costumed participants will be given a 1-foot advantage. Sea Scout Ship Konocti Phoenix is assisting with the Rubber Duckie Race and will be receiving funds from the sale of the Ducks.

Throughout the day there will be an ongoing opportunity to participate in a drawing for cash prizes of $500, $250 and $250 sponsored by the JimiZ band. The drawing will be held at 9 p.m. from the Mediacom Stage and winners do not have to be present.

Dozens of vendors will line the streets of Lakeport with incredible food, clothing, artistry and more.

Last year’s Oktoberfest Lakeport offered a huge variety of shopping items and this year will be no different, with downtown merchants, including a new dessert/ice cream parlor and Lake County vendors offering a wide selection.

Since this celebration takes a nod from the original in Germany, there will be beer of all sorts. More than a dozen micro brews will be available to celebrants from all over the area.

There will be a beer tasting event from 1 p.m. to 4 p.m. in the shadow of the band stand and beer is available for purchase throughout the event.

Lake County’s incredible wineries also will be well represented for those who wish to partake of the grape.

Younger guests will have plenty of choices, too, with plans for a children’s activity area.

In addition to the Oktoberfest, the Lakeport Rotary club is holding its annual Konocti Challenge, a cycling event in which over 500 bicyclists participate in varying courses throughout Lake County, concluding at Oktoberfest.

For more information, visit www.Oktoberfest-Lakeport.com or contact the Lake County Chamber of Commerce at 707-263-5092.

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The Mendocino College Lake Center's official groundbreaking ceremony will take place beginning at 4 p.m. Thursday, October 20, 2011, at the 31-acre campus, located at 2565 Parallel Drive, Lakeport, Calif. Rendering courtesy of Mendocino College.

LAKEPORT, Calif. – A groundbreaking ceremony for Mendocino College's new Lake Center campus will be held next month.

The newly formed Lake County Friends of Mendocino College, an affiliate organization of the Mendocino College Foundation, has partnered with Mendocino College to host the groundbreaking ceremony beginning at 4 p.m. Thursday, Oct. 20, at 2565 Parallel Drive in Lakeport.

The project is made possible by the passage of Measure W, a local bond measure which was passed in 2006 by the voters in Lake and Mendocino counties.

Construction costs are estimated at approximately $10 million.

The Mendocino College Board of Trustees recently approved Wright Contracting of Santa Rosa as the low bidder for construction of the new Lake Center, which will be located on 31 acres along Parallel Drive in Lakeport, approximately one mile south of the current college center.

College staff, representatives of Wright Contracting and TLCD Architecture will be on hand at the ceremony and the public is invited to attend and hear more about this long-awaited project.

“Construction will begin immediately so we can take advantage of any remaining good weather,” said Lake Center Dean Mark Rawitsch.

Phase one plans call for buildings totaling approximately 15,000 square feet, which will include a central administrative building housing admissions, counseling, learning resources, meeting and gathering spaces, and a classroom configured to allow for community activities.

Two other buildings included are the general classroom complex with five classrooms and a computer lab. Another classroom building will include teaching laboratories for science, music and art.

All spaces are focused around a central student plaza area which takes advantage of the natural features of the site with views of the oak grove, adjacent hills and Mt. Konocti.

Easy accessibility to the new site is from both the Lakeport Boulevard off-ramp to the north and the intersection at Highway 175 to the south.

This first phase is expected to be completed by December of 2012.

Kelseyville resident Mike Adams, the college's director of facilities planning, also directs the Measure W bond projects. He had high praise for Wright Contracting.

“They have been in business for 57 years, have an outstanding reputation and have completed five other projects for Mendocino College,” said Adams.

The company's other projects include the Vocational/Technical and Physical Education buildings, Gymnasium, Athletic Field and the Visual and Performing Arts Center, all on the Ukiah Campus.

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Sutter Lakeside Hospital nurses represented by the California Nurses Association took part in a one-day strike on Thursday, September 22, 2011, across the street from the hospital in Lakeport, Calif. Photo by Elizabeth Larson.

LAKEPORT, Calif. – Several dozen local nurses holding picket signs lined Hill Road East across from Sutter Lakeside Hospital on Thursday, taking part in a one-day strike to oppose what they say are unfair takeaways the hospital is proposing in contract negotiations with nursing staff.

The action at Sutter Lakeside was in concert with a one-day strike called at 33 other hospitals around Northern and Central California – mostly Sutter and Kaiser Permanente facilities – involving an estimated 23,000 nurses represented by the California Nurses Association.

At Sutter Lakeside, an estimated 125 nurses are part of the union. It was not clear on Thursday how many nurses were taking part in the strike, although numbers ranged between 50 and 75.

Sutter Lakeside spokesperson Angie Lagle said that 94 percent of the day shift nurses, or two-thirds of the total nursing staff, crossed the picket lines.

“There have been no issues today regarding the strike. Those that have showed up to picket have been very peaceful and respectful, which we are grateful for,” Lagle said.

As they walked along the road shoulder in the hot sun Thursday, the nurses carried signs that read “Some cuts don't heal,” “Not cuts in patient services” and “Community care not corporate profits.”

The majority of the feedback the striking nurses received from people coming and going from the hospital included friendly waves and the honking of car horns.

Jody Dawson, a 19-year veteran of the hospital who works in Sutter Lakeside's birthing center, said the largely supportive response was because nurses are there for patients at birth, death and whenever they're needed in between.

However, the reception they had wasn't completely positive. At one point, a man in a large silver SUV paused to yell that they were greedy.

“We're not going in asking for more money,” said Dawson. “It's all about the takeaways with them.”

The proposed takeaways include cuts in health care to part-time nursing staff and cuts in benefits, according to the union.

Nurses on strike Thursday also emphasized that they make well below the $136,000 “average” salary that the hospital said nurses made in the Sutter system.

Steve Kostove, a 19-year Sutter Lakeside nurse who said he recently was fired in retaliation for his union activities, took part in the strike, which he said began early in the morning on Thursday and ended at 8 p.m.

Nurses taking part in the strike noted low morale and more tension in their work atmosphere, which they're blaming on the hospital's administration, including hospital Chief Administrative Officer Siri Nelson and Human Resources Director Richard Abbate.

There have been recent firings, with nurses also placed on administrative leave while complaints against them are investigated, according to Kostove and other nurses on the picket line.

Lagle said that, because of employee privacy laws, the hospital cannot comment on those allegations.

Dawson said nurses were repeatedly questioned on Wednesday about whether or not they were going to strike.

“My experience in the hospital yesterday was atrocious,” is how Dawson described the day before the strike.

Lagle said that, in preparing for the strike, the department directors were asked to find out how many replacement nurses they might need in order to continue to provide proper care for patients.

“We apologize if some nurses found this intimidating, but we needed to find out this information for the safety and care of our patients,” said Lagle.

She added, “Sutter Lakeside administration in no way intended to make any nurse feel intimidated or retaliated against. We feel that it is the right of every nurse to strike if they would like to and we have no reprimand for those who decide to do so. Our goal with the questioning was to ensure the proper care of our patients.”

Dawson said her boss personally warned her that she was worried for Dawson's job if she participated in the one-day strike.

Lagle said employees are aware of the policies and procedures that are outlined in the nursing contract with regards to union activities, and they are aware if they have acted in a way that would cause them to be in violation of those policies and procedures.

“I am not aware of a particular case where someone was directly warned about losing their job, so I have no specific comment,” Lagle said.

The hospital had said earlier this week that it was hiring contract nurses, and that nurses who took part in the strike would not be able to return to work for an additional seven days.

It wasn't clear on Thursday if that was going to hold, as nurses were receiving word that they would be able to return to work on their next scheduled shift, unless they worked in the emergency room or intensive care unit.

Union members also said they understood that the hospital had been able to cover the striking nurses with current staff, not contract nurses.

Kostove said the union was telling nurses to show up for their scheduled shifts, prepared to work.

Kristin Snyder, who has worked at the hospital for 30 years, splits her time between the birthing center and the intensive care unit. She wasn't sure if she was going to be allowed to return to work on Sunday or not.

“I think they're really out to destroy the union,” said Snyder.

She said the union offers nurses “a measure of safety” in their jobs, adding that without CNA the nurses are essentially powerless.

Kostove said the next negotiation sessions on the new nurses' contract is set to take place next week, but he said if the nurses are locked out they won't appear at the negotiating table.

At the hospital's request, a small police presence was at the scene of the Thursday strike.

The Lakeport Police Department reported that Sutter Lakeside had contacted the agency on Tuesday seeking assistance due to security concerns over the strike, which Lagle confirmed.

“Some strikes in the past have resulted in employees fearing for their safety arriving to and leaving the hospital building and we did not want that to occur this time,” Lagle said. “We did not expect to have major issues during this strike yet we wanted to show the non-striking employees that administration hears their concerns and cares for their safety. Our desire is to always provide a safe working environment for our employees, no matter the circumstances.”

Sgt. Kevin Odom reported that the hospital asked to contract for two officers to be at the main entrance from 7 a.m. to 7 p.m., with the hospital agreeing to pay for all overtime costs. Odom said the department agreed to a contract with the hospital after consulting with the Lake County Sheriff's Office about the event.

Odom reported that the officers' job was to maintain everyones' safety and remain impartial.

At the scene on Thursday were Sgt. Dale Stoebe and Officer Destry Henderson, who said there were no incidents during the day.

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Nurses were on the picket line for much of the day on Thursday, September 22, 2011, across the street from Sutter Lakeside Hospital in Lakeport, Calif. Photo by Elizabeth Larson.

Before a single idea could be shared, however, executives watched uncomfortably for 10 minutes as their hosts exchanged insults.

Rep. Bob Filner (Calif.), the ranking Democrat, started the rhubarb. Soon drawn in was a very angry chairman, Republican Jeff Miller of Florida.

The scene reinforced the notion that the 112th Congress is the most divisive in recent memory. The type of bitter exchange that serves as entertainment on the 24-hour cable “news” circuit was allowed to open a pro-veteran event arranged by a committee once known for bipartisanship.

After a cordial opening statement, explaining why he and Filner had arranged the summit, to learn from companies that hire thousands of skilled veterans, Miller yielded “to my good friend,” the ranking member.

Filner, who had chaired the committee until Republicans gained majority status in the House last January immediately raised doubt over the value of the summit given that Republicans refuse to pass a jobs bill and instead recite their “mantra” that only the private sector can create jobs.

Filner called that claim “patently ridiculous,” citing hefty employment rolls at VA, as one example, and noting that VA creates thousands of jobs through its various construction projects.

“The president suggested in his speech the other day that we create tax incentives for the private sector to hire veterans. I would like to hear from all of you about what you think of that,” Filner told the executives, though he soon would leave them without asking a single question.

His criticism of Miller continued a while longer, however, as he explained how he wrote a letter to Miller urging that the committee hold a hearing on tax incentives to hire veterans.

“I think you answered my letter that, no, we’re not going to take that up,” he told Miller. “To say that we don’t have any role in this is just ridiculous,” Filner continued.

Congress could, for example, mandate that federal contractors adopt veterans’ preference in hiring their workers.

Filner then challenged statistics Miller used in his opening statement, that the unemployment rate for the youngest veterans was nearly into double digits.

He said unemployment for veterans “is almost twice that of the national average and for returning Iraq and Afghanistan veterans it may be up to three times … far worse than some of the statistics I just heard.”

A check with the Bureau of Labor Statistics shows Miller used correct data. Filner used BLS data for the most recent month, August, and used the unemployment rates for veterans age 18 to 24, which fluctuates widely, month to month, given that the number of veterans surveyed is very small.

Even administration officials have cautioned against such comparisons.

“You can’t say things are significantly worse for veterans” in the job market “but they certainly aren’t better. And that is what surprises people,” said BLS economist Jim Borbely in a phone interview. “They expect veterans to have an easier time because they have the training and the skills acquired through their service. But in this economy we are not really seeing that.”

The latest annual survey shows a jobless rate for veterans of all eras at 8.7 percent compared to 9.4 percent for non-veterans.

Among “Gulf War-era II” veterans, those who left service since 9-11, unemployment is 11.5 percent. But Miller ignored the statistical challenge in answering Filner.

With apologies to executives from Walmart, Sears, GE and more, he told Filner that the Democrat “writes letters better than he listens.”

The point made in committee, and “so inappropriately portrayed” by Filner, “was that it is not the government’s role to create jobs. It’s the government’s role to create an environment in which businesses can hire people.”

Filner misunderstood, despite having a “massive staff” to help him, Miller said.

Filner interrupted. “To say that the government can’t create jobs is just ideological pabulum that means nothing in the real world,” he said.

An angry Miller then clarified his point.

“I will do everything that I can to keep the foot of the government off the backs of the people that hire individuals.”

Miller apologized again to the full hearing room, explaining they had witnessed “probably the first deterioration of this committee’s candor and openness. But it is the political season.”

When company representative got their chance, they discussed why veterans present a rich pool of job candidates and described their own successes finding and hiring veterans.

Some directed a few knocks at the Department of Defense and at military commanders for not allowing separating or retiring service members time enough while on active duty to research civilian job opportunities.

They also criticized blocked access from military computers to company websites to allow members to scan and apply for jobs.

Some employers complained too that the military does little to help departing members translate their job skills and experience into job resumes that potential civilian employers can understand.

Jolene Jefferies, vice president for Direct Employers Association, warned that recent proposed regulations from the Office of Federal Contract Compliance Programs (OFCCP), intended to help veterans by forcing companies doing business with the government to keep detailed records on interaction with veteran applicants, would be “a job-killer.”

“We think it’s going to be a tremendous burden for employers. It’s going to cost millions. It’s not the right approach to get employers to hire veterans because the record keeping is going to be just insane …I really urge you to take a look at that,” Jefferies told the committee.

When Rep. Tim Walz (D-Minn.) asked what else Congress could do to help businesses to hire veterans, Kevin Schmiegel of the U.S. Chamber of Commerce said just “be active on the issue in your communities. I think this is the most non-partisan issue we can possibly be dealing with.”

“You still hold that opinion after how we started this?” quipped Miller.

To comment, e-mail This email address is being protected from spambots. You need JavaScript enabled to view it., write to Military Update, P.O. Box 231111, Centreville, VA, 20120-1111 or visit www.militaryupdate.com.

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Close to 23,000 nurses are expected to take part in the one-day strike, which the association said is targeting registered nurses' rights to speak out for patients as well as proposed cuts in health care and retiree coverage for nurses and other hospital workers.

Hospitals operating under Sutter and Kaiser Permanente, and Children's Hospital & Research Center of Oakland will take part. In addition to Sutter Lakeside, North Coast hospitals to be affected include Sutter Medical Center in Santa Rosa.

CNA spokesman Charles Idelson said the strike will take place from 7 a.m. Thursday, Sept. 22, to 7 a.m. Friday, Sept. 23.

Steve Kostove, a registered nurse who worked at the hospital for 19 years and has been a part of the CNA negotiating team, said the strike will take place in front of the hospital on Hill Road East.

Sutter Lakeside spokesperson Angie Lagle said that the hospital will have replacement nurses to cover the strike.

She said because Lake County is remote and there are 33 other hospitals striking, the the company providing the replacement nurses is requiring an eight-day contract.

As such, the nurses at Sutter Lakeside who go out on strike will have to take seven additional days of unpaid leave, Lagle said.

Both Idelson and Kostove called that a punitive lockout.

“We have been at loggerheads with Sutter for a number of years due to the abusive way they have treated communities in Northern and Central California,” said Idelson, accusing Sutter of being a Wall Street organization masquerading as a nonprofit that is limiting access to medically underserved patients.

He also accused Sutter of retaliating against nurses for speaking out against patient health care cuts.

Kostove believes he's a victim of that retaliation. He was suddenly terminated on Aug. 29, but is fighting the firing, which he believes arose from his pro-union activities. Kostove added that he's continuing his work in negotiations and will take part in the strike.

Kostove said all of the hospital's 125 nurses are represented by CNA, and at a Sept. 6 union meeting attended by 46 nurses, they voted unanimously to call for a strike.

A strike is no small matter for nurses, according to Kostove, who called strikes “incredibly emotionally gut wrenching” for everyone who takes part.

The nurses union said Sutter is trying to eliminate paid sick leave for registered nurses, slashing their health care coverage, vacations, holiday pay and education leave, reducing maternity leave, eliminating or reducing retiree health benefits.

Sutter Lakeside also is proposing to close home health services and limit acute-care hospital stays, the CNA said.

Sutter responded by stating that registered nurses who work at Sutter affiliate hospitals with CNA contracts earn an average of $136,000 annually.

Lagle said the Lakeport hospital only began negotiating with CNA in July, and so is later in the negotiations process than some of the Bay Area hospitals.

“We attempted to start bargaining back in February of last year,” she said, but the union wouldn't sit down with them until July.

The hospital's contract with CNA now is expired, she said. “We were really hoping to wrap it up before it went that far,” she said, adding that the contracts usually run for four years.

She said Sutter Lakeside has offered the union several proposals, including contract changes, which have been rejected, but the union hasn't yet made concrete counter offers in writing.

Kostove said Sutter Lakeside's proposals include changing the number of hours per diem nurses must work per pay period to qualify for health insurance form 40 to 64 hours. He said 25 nurses would automatically lose health benefits.

In addition, he said the hospital is proposing to cut shift pay differential by 50 percent.

He said the last negotiating session was held on Monday, at which time 32 CNA members showed up. Based on other negotiations, that's a lot of people to show up to such a session, he said.

Kostove said morale at the hospital has never been lower, and he believes the change has come about in the past year and a half due to the new administration.

As to how long the negotiations will continue, Lagle said it's anyone's guess.

The full list of hospitals that will be affected by the strike follows.

Sutter:

Alta Bates Main Campus, 2450 Ashby Avenue, Berkeley, CA 94705

Alta Bates Herrick Campus, 2001 Dwight Way, Berkeley, CA 94704

Alta Bates Summit Campus, 350 Hawthorne Avenue, Oakland, CA 94609

Eden Medical Center, 20103 Lake Chabot Rd, Castro Valley, CA 94546

San Leandro Hospital, 13855 E. 14th Str, San Leandro, CA 94578

Mills-Peninsula Medical Center, 1501 Trousdale Drive , Burlingame, CA 94010

Mills Health Center, 100 S. San Mateo Drive, San Mateo, CA 94401

Novato Community Hospital, 180 Rowland Way, Novato, CA 94945

Sutter Solano Medical Center, 300 Hospital Drive, Vallejo, CA 94589

Sutter Delta Medical Center, 3901 Lone Tree Way, Antioch, CA 94509

Sutter Lakeside Hospital, 5176 Hill Road East, Lakeport, CA 95453

Sutter Medical Center of Santa Rosa, 3325 Chanate Road, Santa Rosa, CA 95404

Kaiser Permanente:

Kaiser Antioch, 4501 Sand Creek Rd, Antioch, CA 94531

Kaiser Fremont, 39400 Paseo Padre Parkway, Fremont, CA 94538

Kaiser Fresno, 7300 North Fresno St, Fresno, CA 93720

Kaiser Hayward, 27400 Hesperian Blvd, Hayward, CA 94545

Kaiser Oakland, 280 W MacArthur Blvd, Oakland, CA 94611

Kaiser Manteca, 1777 W Yosemite Ave, Manteca, CA 95337

Kaiser Modesto, 4601 Dale Rd, Modesto, CA 95356

Kaiser Redwood City, 1150 Veterans Blvd., Redwood City, CA 94603

Kaiser Richmond, 901 Nevin Ave, Richmond, CA 94801

Kaiser Roseville, 1600 Eureka Rd, Roseville, CA 95661

Kaiser Sacramento, 2025 Morse Ave, Sacramento, CA 95825

Kaiser San Rafael, 99 Montecillo Rd, San Rafael, CA 94903

Kaiser Santa Rosa, 401 Bicentennial Way, Santa Rosa, CA 95403

Kaiser San Francisco, 2425 Geary Blvd, San Francisco, CA 94115

Kaiser San Jose, 250 Hospital Parkway, San Jose, CA 95119

Kaiser Santa Clara, 700 Lawrence Expressway, Santa Clara, CA 95051

Kaiser S. Sacramento, 6600 Bruceville Rd, Sacramento, CA 95823

Kaiser South San Francisco, 1200 El Camino Real, South SF, CA 94080

Kaiser Stockton, 7373 West Lane, Stockton, CA 95210

Kaiser Vacaville, 1 Quality Dr, Vacaville, CA 95688

Kaiser Vallejo, 975 Sereno Dr, Vallejo, CA 94589

Kaiser Walnut Creek, 1425 South Main St, Walnut Creek, CA 94596

Other:

Children's Hospital & Research Center of Oakland, 747 52nd St., Oakland, CA 94609

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The positive sample consisted of 10 Culex tarsalis – the Western encephalitis mosquito – collected east of Middletown on Thursday, Sept. 15, according to the Lake County Vector Control District.

The district said the previous two West Nile Virus-positive mosquito samples were collected earlier in September near Kelseyville. No other West Nile Virus activity – in humans or animals – has been reported in Lake County this year.

“The mosquitoes that are testing positive for West Nile Virus in Lake County develop in still water,” said Jamesina J. Scott, Ph.D., the district manager and research director of the Lake County Vector Control District. “They will develop in wading pools, neglected swimming pools and spas, ponds, fountains, and other water sources. You can protect your family – and your neighbors – by dumping out small water sources like wading pools, or calling the district for help with larger sources like pools and ponds.”

One unmaintained – or “green” – pool can produce hundreds of thousands mosquitoes per week, and those mosquitoes can fly up to five miles away.

The district recommends that residents avoid being outside when mosquitoes are active, especially near dusk and dawn.

Wear long sleeves and pants and use a mosquito repellent – always read and follow label directions – if they are outside when mosquitoes are active, the district suggested. Dump out buckets, wading pools, and other sources of water where mosquitoes develop.

West Nile Virus has been detected in Lake County every year since its arrival in 2004, but only three residents have become ill from WNV infection in that time.

Dr. Scott attributed the low incidence of West Nile Virus disease in Lake County residents to the District’s vigorous efforts to control mosquitoes.

The Vector Control District regularly traps and tests mosquitoes throughout the county to identify the areas that are at highest risk, and target those areas for source reduction and treatment.

The district reports that mosquito activity – particularly for the Culex mosquitoes that transmit West Nile Virus – has been very high in some localized areas of the county.

While mosquitoes are an important part of the environment and cannot be eliminated completely, the district works to reduce mosquito populations near places where people live and recreate to prevent disease.

The Lake County Vector Control provides free mosquito-eating fish to Lake County residents for use in animal water troughs, ornamental ponds and out-of-service (“green”) swimming pools.

Residents with questions, or who would like help with a mosquito problem should contact the Lake County Vector Control District at 707-263-4770 or visit the district's Web site at www.lcvcd.org.

For more information about West Nile virus, visit www.westnile.ca.gov/.

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The District Attorney's Office dropped the drug-related charges against Michael Tremell Mitchell, 26, and explained the reasons in a Monday court appearance during which Mitchell was sentenced for no contest pleas he previously had offered in another case.

District Attorney Don Anderson told Lake County News that he dropped the charges against Mitchell because of concerns that he had been interrogated by Sheriff Frank Rivero without benefit of counsel.

In an e-mail to Lake County News late Wednesday evening, Rivero denied the allegations that he personally interviewed Mitchell or violated his constitutional rights.

Mitchell had been arrested on drug charges by Clearlake Police on May 12, as Lake County News has reported.

One week later, while he was out on bail, Mitchell was taken into custody in Clearlake by members of the Lake County Sheriff's Narcotics Task Force, who then took him to his house, where Mitchell's girlfriend was told to take their baby and leave.

The girlfriend subsequently called Clearlake Police to report a hostage situation, with Clearlake Police responding and arriving at the scene with weapons drawn and aimed at a deputy visible through the home's windows. Before the situation escalated further, the deputies identified themselves to police.

Mitchell's attorney, Jeremy West, said Mitchell – who was released on bail again after the May 19 arrest – was remanded back into custody on June 3 after being arraigned on the charges stemming from the undercover operation.

It was while he was back in jail, about a month after Mitchell's arrest, that “huge problems” arose in the case, according to Anderson.

Both Anderson and West said that Rivero personally had Mitchell removed from his cell for an interrogation, an event witnessed by other individuals in the jail pod at that time.

The interrogation took place without West's permission or knowledge, a situation which West called “highly unusual,” and which hasn't happened to him before.

“Mr. Mitchell has the right to have counsel present once counsel is appointed,” which West said already had happened by the time of the interrogation.

West said he only found out about the situation afterwards, when Mitchell told him.

According to Anderson, during the interrogation Rivero allegedly discussed the case with Mitchell and asked him about bail arrangements, which Mitchell had made through Rob Brown, who also is a county supervisor.

Rivero had made a series of public comments not long after Mitchell's arrest criticizing Brown for acting in his bail bondsman capacity and bailing Mitchell out of jail, and further alleging wrongdoing and conflicts of interest on Brown's part.

Brown replied that Rivero's allegations are false, that he is complying with ethical and professional standards both of the bail bonds business and in accordance with his role as a county supervisor.

West said that during his interrogation of Mitchell, Rivero reportedly made derogatory comments about Brown.

West said the May 19 operation that led to Mitchell's arrest was “pretty embarrassing” for the county and law enforcement, and he believed the issues surrounding the incident ultimately played into the sheriff's decision to interrogate his client.

Anderson said Rivero's interrogation of Mitchell resulted in violations of Mitchell's Fifth and 14^th Amendment rights under the US Constitution. In the case of the Fifth Amendment, it protects suspects from self-incrimination, while the 14^th Amendment guarantees defendants' “due process of law.”

Because Mitchell discussed issues associated with his case with Rivero, Anderson said it raised legal issues about what evidence could be presented. The interrogation itself also could have been presented in court.

Ultimately, he said the issues the interrogation raised led him to conclude he couldn't move forward with the prosecution.

“Legally I could have, but morally I can't,” he said, explaining his decision to dismiss the charges from the May 19 arrest.

West agreed that the interrogation created “a major issue” in the case.

When Mitchell appeared in court on Monday before retired Lake County Superior Court Judge Arthur Mann, West said he entered no contest pleas to two charges in two separate cases – possession of a firearm by a prohibited person, arising from a previous misdemeanor conviction, and no contest to possession of methamphetamine.

Mann sentenced Mitchell to 210 days in jail, with credit for time he's already served. West said Mitchell should be out of jail in a few weeks.

In an e-mail message to Lake County News that he asked be printed “unedited in its entirety,” Rivero said the following:

“If in fact the narcotics sales case against Mr. Mitchell has been dropped by the District Attorney and the 'DA and defense attorney' in this case said that it was because I, 'personally took Mr. Mitchell from his cell and interrogated him without the benefit of counsel, violating his Fifth and 14th Amendment rights under the US Constitution,' that information is false and they are both sadly misinformed. Mr. Mitchell was arrested by Sheriff's Narcotics Task Force Detectives for selling one ounce of high grade methamphetamine at the Yuba College Clearlake Campus. That hand to hand sale of methamphetamine transaction was arranged and witnessed by narcotics detectives. Detectives interrupted the transaction in progress and Mr. Mitchell was immediately taken into custody. No further inquiry or investigation into the case was needed or done by me. As an aside, Mr. Mitchell had recently been released on bail after a Clearlake Police arrest alleging a litany of serious felonies when he committed the new offense referenced here.

“Neither the DA's Office or Mr. Mitchell's defense attorney have contacted me to discuss the dropping of the charges,” Rivero continued. “I am of the opinion that Mr. Mitchell should be prosecuted to the fullest extent of the law for selling a substantial quantity of methamphetamine at the Yuba College Clearlake Campus. Dropping the methamphetamine sales charge against Mr. Mitchell is a gross miscarriage of justice and a grave disservice to the People of Lake County. It will likely serve to embolden criminals and exacerbate the methamphetamine problem in Lake County. Nonetheless, my Narcotics Task Force will not waver in its mission to eradicate illicit drugs from Lake County.”

Brown, who Lake County News also asked for comment, sent the following message.

“I am troubled by the fact that the sheriff would compromise the validity of any criminal case just to cover his backside with regard to libelous statements that were made against a private business,” Brown wrote in an email. “It is unfortunate that someone's constitutional rights could have potentially been violated for reasons that were personally driven and had absolutely no bearing on the criminal case whatsoever. However, in all fairness to Frank Rivero, we all make mistakes … I just hope that he has learned from this.”

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 http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews.

Jaime Diaz Rivera and Sergio Ulises Alvarez Diaz of Michoacan, Mexico, were arrested on Sunday, September 18, 2011, in Kelseyville, Calif. Lake County Jail photos.

KELSEYVILLE, Calif. – A Sunday morning incident altercation led to the arrest of two men, the discovery of hundreds of pounds of processed marijuana and more than 2,000 marijuana plants.

Jaime Diaz Rivera, 32, and Sergio Ulises Alvarez Diaz, 26, both of Michoacan, Mexico, were arrested on Sunday, Sept. 18, according to a Tuesday Lake County Sheriff's Office report.

Just before 6 a.m. Sunday the Lake County Sheriff’s Office was called out to the area between Chippewa Trail and Yakima Drive in Kelseyville, with the initial caller reporting an altercation in the vicinity and possible mention of a firearm, the report explained.

Sheriff’s deputies intercepted Rivera and Diaz, who officials said were leaving the immediate area on Mojave Trail.

The Sheriff’s K-9 began searching for a third person who had been seen at the residence, and while conducting the search the K-9 alerted to marijuana, according to the report.

By 9:30 a.m. narcotics detectives had secured a search warrant for the residence. The report said that in the residence and garage detectives found 468 pounds of processed marijuana, and on and near the property they discovered 2,077 marijuana plants.

Diaz was arrested for cultivation of marijuana, possession of marijuana for sale and an immigration violation, while Rivera was arrested for cultivation of marijuana, possession of marijuana for sale, immigration violation and an outside warrant of arrest, officials reported.

The two men were transported to the Hill Road Correctional Facility, where both men are being held on no-bail immigration holds, according to jail records.

The Sheriff’s Narcotics Task Force can be contacted through its anonymous tip line at 707-263-3663.

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Billie Jo Sevey, 33, of Clearlake, Calif., was arrested on Wednesday, September 21, 2011, after she allegedly shot a rifle at her husband. Lake County Jail photo.

CLEARLAKE, Calif. – Clearlake Police arrested a woman early Wednesday morning after she allegedly shot a rifle at her husband inside their home.

Billie Jo Sevey, 33, was arrested for assault with a firearm on a person, shooting at an inhabited dwelling, negligent discharge of a firearm and domestic violence, according to a report from Sgt. Rodd Joseph.

Joseph said that at 1:15 a.m. Wednesday Clearlake Police officers were dispatched to a reported domestic disturbance in the 15800 block of 27th Avenue.

A man called 911 to report that his wife was armed with a rifle and was shooting at him inside their home. Joseph said that while officers were en route to the scene, the dispatcher overheard a single gunshot over the 911 call.

Officers arrived on scene within minutes and located the adult male victim out in front of the residence. He was uninjured, Joseph said.

Billie Jo Sevey soon exited the house with her children and surrendered to police, Joseph said.

A loaded 45/70 rifle was located in the backyard of the home along with three expended cartridges. Several bullet holes were located inside the home as well, Joseph said.

From the investigation it is believed that Sevey had been in an argument and physical altercation with her husband. Sevey then obtained the firearm and began shooting at her husband as he tried to retreat to another room in the home, Joseph said.

Joseph said no one was injured in the incident.

Sevey – who was booked under the last name of Thompson – is being held in the Lake County Jail on $100,000 bail. She remained in custody on Thursday night, according to jail records.

Joseph said Clearlake Police referred the case to the Lake County District Attorney’s Office for filing of charges.

Anyone with information about this call or any other crime occurring in the city of Clearlake is asked to call police at 707-994-8251. Callers may remain anonymous.

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Salvador Junior Mosqueda, 20, of Stockton, Calif., was arrested on Tuesday, September 20, 2011, on charges of cultivation of marijuana and grand theft after he and a friend allegedly attempted to steal from a pot grow near Middletown, Calif. Mosqueda's friend died in a fall during the attempt. Lake County Jail photo.

SOUTH LAKE COUNTY, Calif. – The Lake County Sheriff's Office on Wednesday offered additional details on a Monday incident in which a man died while allegedly participating in a botched attempt to steal marijuana from a grow site.

The man – who apparently died of injuries sustained in a fall into a ravine in a wooded area between Lower Lake and Middletown – has not yet been released due to family not having been notified, officials said. The victim's exact cause of death also is pending further investigation.

On Monday, Sept. 19, at approximately 9:50 p.m., sheriff’s deputies responded to the area of Big Canyon and Ettawa Springs roads on a report that a man had fallen into a ravine and had possibly died, the report said.

Local residents had reportedly heard someone screaming for help somewhere in the woods and had located a man who told them his friend had fallen into a ravine somewhere in the surrounding hills, officials reported.

The report said deputies identified the man who emerged from the woods as 20-year-old Salvador Junior Mosqueda of Stockton.

After providing several conflicting accounts of what had happened, Mosqueda eventually told deputies that he and a friend had come to the area to steal marijuana from one of several grow sites, located approximately one-quarter mile off of Big Canyon Road, according to the sheriff's office.

Mosqueda told deputies that he and the other man were in the process of taking marijuana from the grow site when they heard people approaching in an ATV, the report explained.

After hiding for a brief time, Mosqueda and his friend took off running, and as they ran straight downhill from the area, his friend fell into a ravine. Mosqueda told deputies that he could not locate his friend due to darkness and he could only hear him moaning in pain so he continued to make his way out of the woods and began yelling for help as he approached Big Canyon Road.

Additional resources, including Search and Rescue volunteers and sheriff’s detectives, were called out to investigate the incident and attempt to locate the injured man, the sheriff's office said.

As morning approached, members of the Sheriff’s SWAT team were called in to make a tactical entry into the area and a CHP helicopter was requested to respond. The sheriff's office said marijuana suppression teams and a CAMP helicopter already scheduled for eradication operations elsewhere were diverted to the area as well.

At daybreak, Mosqueda led SWAT team members into the rugged area from which he and his friend had fled. The sheriff's report said SWAT team members located several marijuana gardens posted as alleged medical grows as they searched for the missing injured man.

When they reached the grow site Mosqueda and his accomplice had been raiding, deputies recovered several garbage bags full of plants, which the two men had abandoned as they fled, the report stated.

At approximately 9:15 a.m. Tuesday, SWAT team members located the missing man in a rock bed at the bottom of a deep ravine. The sheriff's office said that the fall victim, a Hispanic male in his 30s, had sustained serious trauma to the head and face from an apparent fall and was pronounced dead at the scene.

A CAMP helicopter was called in to air-lift the victim from the accident scene, officials reported. The body was transported to another location, where it was then removed by mortuary personnel.

Mosqueda was arrested and transported to the Lake County Hill Road Correctional Facility where he was booked for cultivation of marijuana and grand theft, with bail set at $10,000.

Mosqueda remained in custody on Wednesday evening, according to jail records.

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