Multimillion dollar tort claim filed with county over fatal crash involving deputy

LAKE COUNTY, Calif. – A tort claim seeking damages in excess of $10 million has been filed with the county of Lake by the family of a woman killed in a crash involving a sheriff's deputy last October.

Santa Rosa attorney Jeremy Fietz filed the claim with the county, which received it on Jan. 8, on behalf of Gloria Garcia Gamino and Jose Daniel Rivas Cruz, parents of Gabriela Rivas Garcia.

In the claim document, Fietz noted that the scope of the financial losses to the family aren't yet known and ultimately are up to a jury to determine.

He said that it's his clients' belief that the damages they've suffered exceed $10 million.

On Oct. 3 the 26-year-old Garcia was killed in a head-on collision with Lake County Sheriff's Deputy Scott Lewis on Highway 29 half a mile north of Diener Drive.

Just after 6:20 a.m. that day Garcia was driving from her home in Clearlake to work at a local vineyard in the Kelseyville area.

Lewis was heading to Lower Lake to join the pursuit of alleged home invasion suspects when, according to the initial California Highway Patrol report, his 2009 Chevy Tahoe patrol vehicle crossed into the northbound lane – and directly into the path of Garcia's 1995 Honda Civic.

Garcia died at the scene. Lewis sustained serious injuries and had to be flown to an out-of-county trauma center.

The CHP's Clear Lake Area office requested the assistance of the CHP Northern Division's Multidisciplinary Accident Investigation Team, or MAIT, which is conducting a joint investigation into the crash along with the Lake County District Attorney's Office.

MAIT goes through a lengthy process of collision reconstruction that takes months. CHP officials and District Attorney Don Anderson told Lake County News that they don't expect the report to come out until sometime in March.

Garcia had come from Mexico to the United States, where she had made her home and had been working for several years.

“She was supporting her parents in Mexico and sending money home every month and obviously they don’t have that any more. They don’t have their daughter,” said Fietz, adding that Garcia's parents were dependent on her.

Because Garcia had no children or spouse, her parents are filing the suit, Fietz said. California's wrongful death statute allows for such filings, and also permits people who are not United States citizens to bring suit.

The Board of Supervisors discussed the tort claim in closed session on Tuesday, according to the board agenda.

County Counsel Anita Grant said the tort claim is being handled by the George Hills Co., the county's third party liability administrator.

The administrator has up to 45 days to deny the claim, after which Garcia's family has a six-month window to file a civil lawsuit, Grant said.

She said the lawsuit that's expected to be filed will not be handled by her office. Instead the county's liability insurance coverage will hire a legal firm to deal with the case.

Fietz said he's already been contacted by the George Hills Co. and informed that it will deny the claim. “That's to be expected,” he said.

He said he is confident that Lewis – who he said was driving between 80 and 120 miles per hour – was at fault in the crash.

“It seems pretty obvious that the deputy crossed over the center line and hit our client head-on,” said Fietz.

He also questioned the use of an SUV, which Lewis was driving because he's very tall. Fietz suggested it was not the best pursuit vehicle on Lake County's winding roads.

Fietz said he doesn't plan on waiting for the MAIT report to come out before filing a wrongful death lawsuit against the county, which he expects will neither admit nor deny liability in the case.

He said the lawsuit won't include a total of damages sought. “The general rule in California is that you do not ask for a specific amount,” he said, adding that it's up to the jury to decide the damages.

Rather, the suit will demand an amount to compensate Garcia's parents for their loss, Fietz said.

Fietz has experience in wrongful death cases like that involving Garcia's family.

Last year, he won a record-setting $10.6 million verdict in Sonoma County in a suit filed by the family of Santa Rosa resident Maria Juana Flores, who was killed in a crash on Highway 116 in February 2009.

While most of that amount wasn't paid because the driver responsible was dismissed from the case, Caltrans was ordered to pay Flores' family $3 million due to dangerous road conditions at the intersection where the crash occurred, according to media reports.

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Written by: Elizabeth Larson

Published: 01 February 2014

Supervisors approve leasing Gard Street School property for Child Support Services

LAKEPORT, Calif. – The Board of Supervisors on Tuesday approved a 15-year lease with the Kelseyville Unified School District for the Gard Street School property, which will be the new home for the Child Support Services Department.

The approval brought to an end close to a year of work by County Administrative Office staff, which analyzed options to help the department meet its need to expand and also negotiated the lease with the district.

The closure of the school, located at 3980 Gard St., was part of a March 2011 financial recovery plan the district had to create to deal with being placed in “qualified” fiscal status by the state for an out-of-balance budget, as Lake County News has reported.

In April 2011 Supervisor Rob Brown initially asked the Board of Supervisors to consider purchasing the property for use as a campus for several county departments. The board approved considering a purchase and then-County Administrative Officer Kelly Cox later put aside nearly $1 million in the budget for a possible purchase.

However, it later was determined that the district couldn't sell the building, so instead county officials said they looked at the option for a lease.

In April 2013, the district board approved a resolution declaring the intent to lease the school as surplus property, according to the lease document.

Deputy County Administrative Officer Alan Flora told the board Tuesday that the Kelseyville Unified School District Board approved the proposed lease at its meeting last week.

The lease calls for the county to utilize the property's two main classrooms, amounting to 11,000 square feet, which would give Child Support Services 30 percent more space than it now has, Flora said.

In addition, the lease offers a monthly rent of $2,500, which Flora said is below market value, in exchange for the county funding the necessary improvements to utilize the classrooms as office space. The county would sublet the space to Child Support Services.

Among the funds to be used for the project are $230,000 in building reserves that Child Support Services had been saving, it was noted during the meeting, along with one-time general fund monies to cover additional portions of the project.

The lease's initial term is for 15 years, with options to renew for three five-year terms, Flora said.

Upon approval of the lease, the county would have full access and early occupancy, and so could begin making improvements. Flora said the district won't begin charging rent until it receives a certificate of occupancy.

Due to the significant investment the county intends to make in the property, the lease can only be terminated in the first 15 years by mutual consent of both parties. If the option for an extension of the term is exercised, either party could terminate the agreement with a 12-month advance notice, Flora said.

He said the county will be responsible for demolishing and removing a small modular that was the student services building in order to create additional parking.

The county has a renovation plan that is being finalized before it goes out to bid, according to Flora.

Flora said the county also will assume full responsibility for the building's maintenance, including all improvements it makes.

“It’s been a really interesting and long process,” said Child Support Services Director Gail Woodworth, who was a member of the county negotiating team.

She said her staff is anxious to get moving and excited about the larger space, which will be crucial now that the federal government is indicating that Child Support Services will have to take on more duties relating to custody and visitation.

“I think it’s a good move for us and I think it's a good move for Kelseyville,” she said.

Finley resident Phil Murphy – referring to the recent Lake County Office of Education annual report that showed declining enrollment and a reduction of 1,000 children in local schools over the last several years – asked why Child Support Services needed to expand.

“Our average caseload is maintaining at the same rate,” said Woodworth.

She explained that the additional space will house staff that will be brought on to meet the new duties directed by the federal government.

Murphy also questioned the wisdom of moving the department to Kelseyville, which he believed would be less accessible.

Flora said county staff considered several options, including keeping Child Support Services at its current location at 525 N. Main St. and upgrading the building. They also considered the former location of the Mendocino College Lake Center on Parallel Drive along with Gard Street School.

Gard Street School's accessibility didn't come up as a major concern since it's mostly to be used as an office space, Flora said.

“I disagree with this and I have from the very beginning,” said Supervisor Anthony Farrington.

Farrington has opposed moving Child Support Services from Lakeport, and on Tuesday he said he also didn't support using general fund monies for the project.

“In the end I think it’s good for Kelseyville,” but detrimental to Lakeport, he said.

Board Chair Denise Rushing said she doesn't think it’s a great policy to spread jobs around but to use assets they already have.

However, she said the lease agreement was helping the Kelseyville Unified School District and Child Support Services, although she felt bad Lakeport was losing the jobs.

Brown moved to approve the lease agreement. The board voted 4-1, with Farrington voting no.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

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Written by: Elizabeth Larson

Published: 29 January 2014

Lake County Office of Education report says 2014 a year of challenges, opportunities

LAKE COUNTY, Calif. – The year 2014 is a big one for education, as schools prepare to implement new standards, tests and funding mechanisms.

That's the message in the Lake County Office of Education's new annual report.

The full report can be seen on the County Office of Education's Web site at http://issuu.com/smascari/docs/annual_report_12-13_3 .

Lake County Superintendent of Schools Wally Holbrook and his staff have been presenting the 28-page annual report to local school boards and the Board of Supervisors following the document's Jan. 14 release.

The supervisors received the report on Jan. 14, with the Upper Lake High School District Board hearing the update on Jan. 15.

Lake County Office of Education Educational Specialist Stephanie Wayment told Lake County News that they also made the presentation to the Kelseyville board Jan. 21, with presentations to the Konocti and Lakeport boards following on Feb. 5 and 12, respectively. No date has yet been set for the Middletown board.

“As we move forward we will see that this year is filled with hope, challenges and especially opportunity. We will be experiencing some of the most significant changes in education funding and practice in the past three decades,” said Holbrook.

Those changes include the implementation of the Local Control Funding Formula and the Local Control Accountability Plan, and additional funding to schools as a result of the passage of Proposition 30, he said.

This year there also will be the implementation of the Common Core State Standards, as well as the new California Assessment of Student Performance and Progress, which is meant to provide feedback to students, parents and staff “to ensure our students are learning and growing to meet the ever-increasing expectations and changing world,” according to Holbrook.

“These changes are significant, and they'll be significant to every school in California,” Holbrook told the Board of Supervisors.

He said he and his staff used the annual report this year to explain the significant changes ahead.

Holbrook told the supervisors that over the last five years California schools have experienced a 25-percent cut in per-student funding. “We think that we've hit the bottom of that and are starting to move up again,” said Holbrook, noting that while it's not a perfect situation, things are definitely looking better.

In the report's introduction, Holbrook writes that the document offers an opportunity to look back at previous years' challenges, opportunities and successes.

It includes snapshots of student achievements, demographics, enrollment, finance, events and educational programs.

There also are areas of focus including the Literacy Task Force, parent engagement and “The Hub,” a community school pilot program in Upper Lake which seeks to make schools the hub “around which the community gathers its resources to help attain better outcomes for students, their families and surrounding neighborhoods,” the report explained.

The report concludes with vignettes of examples of how Lake County Office of Education programs and services impact students, educators and families in very practical and important ways.

Shelly Mascari, Lake County Office of Education director of communications, pointed out that the report shows Lake County's student graduation rate is above the state average.

Declining enrollment remains a challenge for county schools, Mascari said, with the report's figures showing a drop of nearly 1,000 students since the 2001-02 school year. That drop, according to the report, affects funding at every district.

Mascari also referred to figures in the report that show that 90 percent of the Lake County Office of Education's $9.78 million in annual revenue goes directly into education support services, with administrative expenses comprising 5 percent of the agency's annual budget.

Michelle Buell, the Lake County Office of Education's business services director, explained the new Local Control Funding Formula, which state legislation enacted beginning in the 2013-14 school year.

Buell said it's intended to restore funding to education after several years of cuts. She said the formula is expected to increase funding by 10.9 percent or $751 per student, with a $4.5 billion increase statewide projected for next year, about double this year's amount.

She said the Local Control Funding Formula is meant to remove the red tape attached to funding that has been a challenge for educators.

Historically there have been 32 pots of “categorical” funding, which Buell said can only be spent in certain ways, with many regulations governing the funds.

“These funding sources don't always meet the needs of the district” or what the student population requires, Buell said.

The state has lifted many of the requirements attached to the funding and placed it in one big pot of money, although she said some new rules have been added.

That's created an opportunity to allow educators to look at how they want to spend the money to make students more successful academically, Buell said.

“This really does push the decisions to the local level, and that's something that I think we've all wanted for quite some time,” Holbrook told the Board of Supervisors.

The challenge, he said, is to make good decisions to maintain that local control. In implementing the new fiscal rules, Holbrook said, “We need to show results,” which will show up in the Local Control Accountability Plan.

The Local Control Accountability Plan focuses on state priority areas, said Wayment, with local boards deciding how to do that within the context of their own districts.

She said the Lake County Office of Education is supporting districts in creating their Local Control Accountability Plans, which emphasize the local stories of the educational agencies and how they address the eight state priority areas.

Wayment said the eight state priorities are basic services, implementation of state standards, parent involvement, student achievement, student engagement, school climate, course access and other student outcomes.

She said for county offices of education, there are two additional priorities: services to expelled students and services to foster youth.

Holbrook said the requirement for the Local Control Accountability Plans will necessitate districts having a different timeline for budget development.

He said his office must certify the districts' plans, which will provide the basis for their budgets. “That will be a little bit different timeline for you,” he told the Upper Lake High School Board.

Holbrook suggested that the districts and the Lake County Office of Education work closely to develop the Local Control Accountability Plans. “We're really able and willing, both, to help you develop that plan so it does achieve what you want it to do.”

Wayment said the criteria for the plans is still under development by the state. “It's also a process in the works,” she noted, adding that the rubric is not scheduled to come out until the fall at the latest.

In addition to the Local Control Funding Formula changes, this year schools are preparing for the rollout of the Common Core State Standards, Wayment said.

The standards, approved by 44 states including California, replace standards implemented in 1997, she said.

The great opportunity that the Common Core State Standards offer to schools is that they integrate technology and put the focus back on teaching in the classrooms, said Wayment. At the same time, they have a new accountability and monitoring system.

She told the Board of Supervisors that the new testing will require students to use their critical thinking skills, with the hope being that educators can get back to a quality level of teaching that is teacher-created and teacher-supported, as well as curriculum-supported.

This is the third year the Lake County Office of Education's annual report has been designed for digital distribution and viewing, according to Mascari.

“A digital report just makes sense,” she said. “It is more environmentally and fiscally responsible. It allows us to focus more on content and the important information we want to share with our communities, and focus less on minimizing printing costs.”

Limited printed copies of the report are available. For more information, contact Shelly Mascari at This email address is being protected from spambots. You need JavaScript enabled to view it. or 707-262-4161.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

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Written by: Elizabeth Larson

Published: 28 January 2014

Lake tax, Gard Street School lease, levee district on supervisors' agenda

LAKEPORT, Calif. – This week the Board of Supervisors will consider calling an election for a half-percent sales tax to benefit Clear Lake, and also will discuss a lease for the Gard Street School and a proposal to dissolve a local reclamation district.

The board will meet beginning at 9 a.m. Tuesday, Jan. 28, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.

At 9:15 a.m., the board will consider a proposed request to the Lake County Local Agency Formation Commission to initiate proceedings to dissolve Levee District No. 2070, which the State Controller's Office said is delinquent in required financial reporting, as Lake County News has reported.

At 9:45 a.m., the board will hold a public hearing to consider a proposed resolution calling an election for the proposed half-percent “Healthy Lake Tax,” which will go on the June primary ballot if approved by the board.

The funds raised would go to water quality, aquatic invasive species, and nuisance aquatic weed and algae programs.

At 10 a.m. the board will consider a proposed lease agreement with the Kelseyville Unified School District for the Gard Street School property, located at 3980 Gard St.

The full agenda follows.

TIMED ITEMS

9 a.m., A-1 to A-4: Approval of consent agenda, which includes items that are expected to be routine and noncontroversial, and will be acted upon by the board at one time without discussion; presentation of animals available for adoption at Lake County Animal Care and Control; consideration of items not appearing on the posted agenda, and contract change orders for current construction projects.

9:05 a.m.: Citizen's input. Any person may speak for three minutes about any subject of concern, provided that it is within the jurisdiction of the Board of Supervisors and is not already on the agenda. Prior to this time, speakers must fill out a slip giving name, address and subject (available in the clerk of the board’s office, first floor, courthouse).

9:15 a.m., A-5: Consideration of proposed request to the Lake County Local Agency Formation Commission to initiate proceedings to dissolve Levee District No. 2070.

9:45 a.m., A-6: Public hearing, consideration of proposed resolution calling an election to submit to the electors a measure to adopt an ordinance adding Article VI to Chapter 18 of the Lake County Code imposing a transaction and use tax pursuant to Revenue and Taxation Code Section 7285.5 of one-half of one percent for the Lake County Water Quality, Aquatic Invasive Species, and Nuisance Aquatic Weed and Algae Programs and establishing an expenditure plan for the revenues generated.

10 a.m., A-7: Consideration of proposed Lease Agreement with the Kelseyville Unified School District for property located at 3980 Gard St., Kelseyville (APN 024-081-01).

10:15 a.m., A-8: (a) Consideration of resolution affirming the county’s intent to provide water service to South Main Street/Soda Bay Road; and (b) consideration of first amendment to the engineering services agreement with Ruzicka Associates to design a community water system in the South Main/Soda Bay Road Corridor.

11 a.m., A-9: Hearing, nuisance abatement of 10546 East Road, Witter Springs, CA (APN 003-015-10 - Norman Valdez).

11:30 a.m., A-10: (a) Consideration of compliance review pursuant to minor use permit (MUP 06-63); and (b) consideration of staff request for board direction regarding land use conflicts and amendments to MUP 06-63.

11:35 a.m., A-11: Consideration of proposed lease agreement with Duane Mahan and Connie Mahan for commercial property located at 14585 “B” Olympic Drive, Clearlake (APN 039-164-41).

NONTIMED ITEMS

A-12: Supervisors’ weekly calendar, travel and reports.

A-13: Consideration of appointments to the following: Lower Lake Waterworks District No. 1 Board of Directors, Mental Health Board.

A-14: Consideration of proposed ordinance amending and revising Article VIII of Chapter 9 of the county of Lake Code of Ordinances for regulation wells and preservation of groundwater (second
reading).

CLOSED SESSION

A-15: 1. Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, S. Harry, M. Perry, A. Flora and C. Shaver; and (b) employee organization: DDAA, DSA, LCCOA, LCEA and LCSEA.

A-15: 2. Conference with real property negotiator: (a) Property located at: 3980 Gard St., Kelseyville (APN 024-081-01); (b) negotiating parties: for county, Supervisor Rob Brown, Child Support Services Director Gail Woodworth, County Administrative Officer Matt Perry and Deputy County Administrative Officer Alan Flora For seller: Kelseyville Unified School District representatives (c) Under Negotiation: Lease terms.

A-15: 3. Conference with Legal Counsel: Anticipated litigation pursuant to Gov. Code Sec. 54956.9(d)(2),(e)(3): Claim of Gamino/Cruz.

CONSENT AGENDA

C-1: Approve minutes of the Board of Supervisors meetings held on Jan. 14, 2014.

C-2: (a) Waive competitive selection process; and (b) approve agreement between the county of Lake and Karen MacDougall for research and grant application services, through December 2014, total amount not to exceed $50,000, and authorize the chair to sign.

C-3: Adopt resolution amending Resolution No. 2013-96 establishing position allocations for Fiscal Year 2013-14, Budget Unit No. 1122, Treasurer-Tax Collector (delete one chief deputy treasurer-tax collector allocation and add one chief deputy treasurer-tax collector I/II flex allocation) as recommended by Classification and Compensation Committee in staff memorandum dated Jan. 21,
2014.

C-4: Approve advanced step hiring of staff psychiatrist Dr. Lydia DiTirro, due to applicant’s extraordinary qualifications (fifth step salary range).

C-5: Approve advanced step hiring of Assistant Veterans Services Officer Saul Sanabria, due to applicant’s extraordinary qualifications (fifth step salary range).

C-6: Adopt resolution approving submission of Anti-Drug Abuse grant application to the California Board of State and Community Corrections for Edward Byrne Memorial Justice Assistance Grant Program funds, to be split between the Lake County Sheriff’s Office and the District Attorney’s Office.

C-7: Approve agreement between the county of Lake and Lake Family Resource Center for the “Be Fresh” Project, through Sept. 30, 2015, total amount $98,499.96, and authorize the chair to sign.

C-8: Approve agreement between the county of Lake and the California Franchise Tax Board for court ordered debt collection services, at a rate in accordance with governing Revenue & Tax Code Section 19280-19283 (effective through Jan. 31, 2017), and authorize the treasurer-tax collector to sign.

LAKE COUNTY SANITATION DISTRICT DISTRICT BOARD OF DIRECTORS

C-9: (a) Approve grant deed and direct clerk to certify for recordation (a portion of APN 040-330-37 - Raymond Choy and Lorraine Choy, Trustees of the Raymond G. Choy and Lorraine J. Choy Revocable Trust dated August 6, 2007), and approve purchase agreement between the county of Lake and Raymond Choy and Lorraine Choy, trustees of the Raymond G. Choy and Lorraine J. Choy Revocable Trust dated Aug. 6, 2007, for the Southeast System lift station and force main, and authorize the chair to sign agreement.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

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Written by: Elizabeth Larson

Published: 27 January 2014