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CLEARLAKE, Calif. – The Lower Lake High School Rotary Interact Club helped hundreds of children through a giveaway of backpacks and supplies on Thursday afternoon.
The giveaway, part of the group's “Blessings in a Backpack” program, was held at Walmart in Clearlake.
Altogether, more than 200 backpacks were distributed and about 50 families were helped, said Jen Totten, Rotary Interact Club advisor at Lower Lake High School.
“This is all done and completed by Lower Lake High School students,” said Dana Moore, president of the Clearlake Rotary.
Moore said Rotary was proud of the new Interact Club, which is the first of its kind at Lower Lake High School.
Thirty Interact Club members participated in the giveaway program, gathering donations throughout the school year, Totten said.
She estimated that about a third of those who came to get the donations on Thursday were homeless.
Totten said the club members were touched by the experience.
“These students really made it happen,” said Totten.
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COBB, Calif. – The Lake County District Attorney's Office reported this week that a manager at Hoberg's Resort and Spa has pleaded guilty to a misdemeanor for potentially exposing his employees to asbestos during the early stages of the historic resort's renovation three years ago.
Daniel E. Nelson pleaded guilty to a misdemeanor violation of California Labor Code section 6423 – willfully violating a Cal/OSHA standard – on April 6, the District Attorney's Office reported.
The Lake County District Attorney's Office also filed charges against Nelson for failing to secure workers’ compensation insurance, a violation of section 3700.5 of the California Labor Code, and violations of section 42400 of the California Health and Safety Code concerning asbestos emissions control measures.
However, those counts were dismissed with a “Harvey waiver,” entitling Nelson’s victims to restitution, the District Attorney's Office said.
“The District Attorney’s Office will take serious any environmental crime that poses a health hazard to the owner’s employee and the general public,” District Attorney Don Anderson said in a written statement. “We will use all available resources to investigate and prosecute these types of crimes. In this matter the disposition of the case is adequate, not only is the defendant punished but a fund is established to treat the victims’ health needs.”
In its case, the District Attorney's Office alleged that in 2012 Nelson repeatedly violated the Cal/OSHA asbestos workplace-safety regulations for structure demolitions, which caused a real and apparent hazard to employees by means of potential exposure to asbestos.
The 55-acre resort was sold in April 2014 by Cobb Mountain Partners – who had owned it since July 2010 – to Silvester Rabic and Frank Sasselli of Lake County Partners LLC for an undisclosed amount, as Lake County News has reported.
The District Attorney's Office said Nelson was the acting manager of Hoberg’s Resort and Spa under the previous ownership at the time the violations occurred.
Nelson told Lake County News that in 2012 he was assisting the resort's previous owners by acting “in the capacity as a consultant.”
He continues to be involved in the resort's management, operations and renovation as its executive vice president.
The resort has since opened on a limited basis, and hosted a series of concerts last summer.
Investigating violations
Matthew Carr, a circuit prosecutor for the California District Attorneys Association, handled the case.
Circuit prosecutors like Carr bring experience in such cases to rural counties that don't have the resources, and increase those agencies' abilities to take on workplace safety crimes, Carr said.
Carr called the case “a somewhat unusual” one from both the environmental and workplace safety perspectives.
The case was investigated by Doug Gearhart, air pollution control officer for the Lake County Air Quality Management District, and by Lake County District Attorney’s Office Investigator John Flynn.
Gearhart told Lake County News that the renovation project started back in 2011 with some early work on the building across Highway 175 from the main resort.
The District Attorney's Office said an asbestos inspection was performed on Sept. 6, 2011, which found asbestos present in all samples.
Gearhart said the county received an incomplete asbestos notification form for the renovation that same month from Mary Jane Fagalde, the county's former Community Development Director, who was representing Hoberg’s. Gearhart said that notification was never completed.
Gearhart said he and his staff made “significant effort” to educate the resort's management staff on the asbestos issues and requirements, which also were requirements of the California Environmental Quality Act process that the resort went through to start the property renovation. Those requirements were not followed, Gearhart added.
Then, in August 2012, district staff observed large piles of demolition debris at the main resort, which kicked off an inquiry. Gearhart said his staff brought in the Lake County Community Development Department to help determine what activities were occurring and whether they were following all county permits.
“We also began receiving complaints from the community. We were additionally contacted by Air Resources Board and Cal OSHA regarding this site,” Gearhart said.
The District Attorney's Office said a notice of violation was immediately issued to Hoberg’s citing the failure to inspect for asbestos, failure to notify and for renovating without notice.
Gearhart said his staff issued the violation to Hoberg’s Resort, as no contractors were observed during any of the district's inspections.
However, Carr noted, “This case was unusual in that there was a contractor on site.”
Nelson and Carr both told Lake County News that Tom Carter was the contractor involved in the renovations.
“Tom Carter was the contractor we hired at the time to both manage and handle special construction projects with his crew and ours,” Nelson said. “Being that I was consulting the ownership of the resort and Tom Carter denied the direct responsibility for this occurrence, we decided to settle for a misdemeanor offense on this single matter.”
Nelson said he has filed a lawsuit against Carter, seeking reimbursement for the costs and penalties in the criminal case, and he's confident his case will prevail.
“At the end of the day, Tom Carter and Tom Carter Construction will eventually be held responsible for this incident,” Nelson said.
As for potential criminal repercussions for Carter, Carr said, “Nothing has yet been filed against Mr. Carter,” and no final decision has been made about how the District Attorney's Office may proceed against Carter.
“At the very least, Mr. Carter did not dot all of his i's and cross all of his t's,” Carr said.
Melanie Bedwell, a public affairs officer for the Contractors State License Board, told Lake County News that Carter's contractor's license expired on March 31, and he is not currently licensed to contract at this time.
“He will need to renew his license by paying the renewal fee, confirming a contractor bond, and having workers’ compensation insurance if he has employees,” Bedwell said.
Bedwell said there is no current, open complaint the agency is investigating regarding Carter.
Employer responsibilities
While Carter was involved, Carr said the District Attorney's Office had evidence to show that Nelson was actually the employer.
Therefore, the prosecution held that the ultimate responsibility for the renovation's handling belonged to Nelson, Carr said, as he was giving the orders about what work to do and setting the wages for workers.
“We felt that Mr. Nelson was the appropriate target,” Carr said.
Carr said that the “wanton lack of regard” for Hoberg's employees, and the potential exposure to asbestos of as many as 10 employees, was one of the reasons the District Attorney's Office pursued the case.
He said all employers owe their employees a duty to keep them safe. “In this case, that did not happen. Far from it.”
Gearhart said asbestos is a potentially significant issue in Lake County, as there are many buildings that contain asbestos building materials.
Generally, he said those materials are safe as long as they are encapsulated – painted or part of vinyl flooring, or in tar paper and roofing materials – but improper disturbance of these materials can result in exposures to those performing the work and the public.
“Improper disposal can result in asbestos exposures to waste haulers and landfill workers, as well as the public,” Gearhart said.
In Lake County, which has an older housing stock that may have asbestos materials, there are many renovations and demolitions during the year, “a number of which we are not aware of and are likely noncompliant with the federal asbestos regulations,” Gearhart said.
While there are asbestos-containing products on the market today, Gearhart said the number of such products and risk from those products has been significantly reduced.
Carr said he couldn't give a statistically valid estimate of how common asbestos-related criminal cases are, however, he believes they have gone down due to repeated prosecutions, as well as civil consequences, that have taken place across California.
“However, not all of it goes reported,” he said, and often workers aren't aware or willing to report such issues while a job is under way.
In the case of Lake County, Carr said permittees are informed both orally and in writing of the need to do a predemolition asbestos survey.
“When you're tearing down an old structure, you have to be sensitive to asbestos,” he said.
Carr asked that the community report such “rip and runs” to local authorities, adding, “I think it's important for all employers to carefully adhere to workplace safety laws.”
The terms of Nelson’s plea include three years’ probation, which require him to serve 60 days in the county jail. Nelson said he is eligible to serve that time not in jail but in home confinement through an electronic monitoring program.
In addition, he must complete 340 hours of community service, pay a $5,000 fine and a nondeductible sum of $20,000 to the Lakeside Health Clinic of Lake County, a comprehensive care clinic for the uninsured and underinsured.
The latter sum will be used for health screenings for potential victims in the case as well as to fill various urgent financial needs at the clinic that would allow it to further and better serve low-income residents of Lake County.
Nelson said he was happy that the fines are going to help the clinic.
Nelson was previously sentenced in Santa Clara County on one felony count of workers’ compensation insurance premium fraud on June 9, 2011. He said that felony charge was expunged from his record on Thursday.
“With my personal donation to four charities from the Hoberg's Cobb Mountain Concert Series in 2014 and other donations in the past, we are glad they will make a difference in the Lake County community,” Nelson said in a written statement. “I look forward to further assist Lake County charities that need financial assistance with special programs through my efforts.”
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KELSEYVILLE, Calif. – More than 40 hikers participated in the second annual “Hike 4 Healing” last Saturday, braving the morning chill and the incline of the Wright Summit Trail on Mount Konocti to help raise $20,000 for Worldwide Healing Hands.
The fundraiser was deemed a success by Dr. Paula Dhanda, medical director for Worldwide Healing Hands, and the organization's board of directors.
Nearly twice as many people as last year did the Mount Konocti walk, and donations from hikers and sponsors were doubled as well.
The funds will help pay for equipment and supplies needed for upcoming Worldwide Healing Hands missions in Lake County and in areas of the world selected by the Worldwide Healing Hands Board of Directors.
The Hike 4 Healing was launched last year as a fundraiser for Worldwide Healing Hands’ missions.
Worldwide Healing Hands provides health care services to women and children in underserved areas of the world.
The group’s volunteer medical teams also provide free health screenings to homeless in Lake County. The organization has sent teams on missions to Nepal, Chad and Haiti to deliver health services, and Uganda is the next proposed location for a mission.
“We are very grateful for the support we received for this year’s Hike 4 Healing,” said Dhanda. “Many sponsors and contributors, as well as the people who showed up to hike with us, made the event a huge success. The funds raised will help us immensely.”
Doctors, nurses and staff who accompany Dhanda on the Worldwide Healing Hands missions are not paid for their time; they donate their services to the organization.
However, there are other costs incurred, mainly for much-needed supplies and medicine, according to Dhanda.
The staff and administrators at Mountain Vista Middle School (where participants were able to park), People Services Executive Director Ilene Dumont and Director of Supported Living Services Latoya Fortino (who drove People Services vans to shuttle hikers from the parking area to the trailhead), staff of the Kelseyville Fire Department, volunteer students, and Tom Nixon and numerous other docents deserve special thanks for their assistance with the event, said Dhanda.
Major sponsors for this year’s Hike 4 Healing included Diamond ($1,000 or more) contributors: RoseMarie Blackwell, Dr. Kenneth Cartwright, Dr. Dwight Chen, John Clarke, St. Helena Hospital - Clearlake, Drs. Fred and Vernetta Johnson, Dr. Marlene Quilala, and Top Speed Data Communications; Gold ($500) donors, Dr. Arthur Bikangaga, Blink Bid, Kathie Faloon, Dr. Randy and Birgit Hausted, Dina Hutton, Dr. Rodney Look, Bruce and Jan McKinney, Dr. Alan and Kathy Sampson, Roland and Nell Shaul, Sutter Lakeside Hospital, Sieg and Deedrian Taylor, Gerard and Rachel Thibodeau, and Dr. Mark and Carmen Turrill; and Silver ($250) sponsors, Chernoh Excavating, Linda Colton, Drs. Keith and Elyse Donald, Dr. David and Vonnie Lounsberry, Michael Purvis and Carol Lawrence, Laura Santarelli and Ben Vanderzwaag.
Worldwide Healing Hands received many more donations of varying amounts “for which we are very thankful,” said Dhanda. “We hope many more supporters can join us for Worldwide Healing Hands’ hike next year.”
Lakeport English Inn, Cache Creek Vineyards and Disney Boat Rentals were thanked for contributing gifts that were used as prizes for participants.
For more information about Worldwide Healing Hands, call 707-279-8733 or visit the organization's Web site, www.worldwidehealinghands.org .
A “conservatorship of the person” is to protect someone who cannot properly provide for his or her own personal needs for physical health, medical care, food, clothing or shelter.
The court-appointed conservator – often a family member or the local public guardian – is granted powers over the care, custody and control of the conservatee (i.e., the conserved person).
The conservatee, however, still retains important rights, including the right to receive visitors, telephone calls and personal mail, unless personally limited by court order, and other personal rights.
Moreover, the conservator is required to make sure that the place selected for the conservatee to live is the “least restrictive” appropriate alternative that is available and necessary to meet the conservatee’s needs.
A conserved person can only be denied contact with specific persons when a court order specifically authorizes such restrictions; not simply at the conservator’s discretion.
The conservator must either obtain a restraining order against or must modify the conservatorship order to be allowed to prevent contacts with a certain person.
In some conservatorships, the conservator’s duty to protect a vulnerable conservatee against predators conflicts with the conservatee’s retained right to regarding social contacts.
There are instances when the conservator legitimately seeks to prevent certain family or friends from contacting the conservatee. There are other instances where the conservator has gone too far.
Recent cases involving family members have drawn publicity to abuses by conservators who unjustly denied family visitations.
The family members complained they were even threatened with legal action by the conservator should they persist, and were told to go away by the police.
In effect, the family members had no readily available way to regain access to the conservatee.
California law now expressly states that the conservatee retains important rights. Moreover, a “notice of the conservatee’s rights” must be served on certain relatives of the conserved person and to be posted at a skilled nursing home.
Nursing homes may not follow a conservator’s instruction to restrict visitors, phone calls or mail from specified individuals or groups without a court order specifically authorizing the same.
If the conservatee’s retained basic rights are violated, the conservatee and or family may petition the court to replace the conservator.
Otherwise, the conservatee can tell the court investigator, who reports to the court once a year, that a serious problem exists.
The foregoing, of course, highlights why everyone should use their advance health care directive to nominate whom they would prefer to act as their conservator, with alternative nominations named, in the event one is needed.
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 870 S. Main St., Lakeport, California. Fordham can be reached by e-mail at
The planet closest to the Sun is, ironically, one of the coldest.
That’s just one of many mind-bending discoveries about Mercury that NASA’s MESSENGER spacecraft beamed back to Earth over the past 7 years.
On Thursday, the mission ended with a crash as spectacular as some of its findings.
Mission controllers at the Johns Hopkins University Applied Physics Laboratory in Laurel, Maryland, confirmed that MESSENGER slammed into the surface of Mercury on Thursday, April 30, at 3:26 p.m. EDT.
It had used the last of its propellant on April 24 and could no longer maintain a stable orbit.
Traveling some 8,750 miles per hour, the plummeting spacecraft made an unseen crater on the side of the planet facing away from Earth.
“Going out with a bang as it impacts the surface of Mercury, we are celebrating MESSENGER as more than a successful mission,” said John Grunsfeld, associate administrator for the Science Mission Directorate at NASA Headquarters in Washington. “Now, we begin the next phase of this mission--analyzing the exciting data already in the archives, and unravelling the mysteries of Mercury.”
Here are some of MESSENGER’s most important findings so far:
The hidden face of Mercury
In the mid-1970s when Mariner 10 flew past Mercury three times, the probe imaged less than half the planet.
Until MESSENGER arrived, the rest of Mercury was a land of mystery. MESSENGER was the first spacecraft to view the entirety of the mighty Caloris basin – one of the biggest and youngest impact features in the solar system.
Moreover, MESSENGER spotted volcanic vents around the rim of the basin, proving that volcanism – and not only impacts – have shaped the surface of the innermost planet.
The irony of Mercury’s poles
Mercury would seem to be an unlikely place to find ice. But the tilt of Mercury's rotational axis is almost zero – less than one degree – so the floors of craters at the planet's poles never see sunlight.
Scientists suggested decades ago that there might be frozen water trapped there. The idea received a boost in 1991 when the Arecibo radio telescope in Puerto Rico and the Goldstone antenna in California detected unusually bright radar reflections from Mercury’s poles – the kind of reflections that ice would make.
From Mercury orbit, MESSENGER was able to look down on Mercury’s poles like no other spacecraft or telescope, and it confirmed the unlikely: Permanently shadowed craters near Mercury’s poles have temperatures less than -280F (-173C), and water ice is stable on their dark inner surfaces. Some of the polar ice is covered by a mysterious dark organic material that researchers still do not understand.
The incredible shrinking planet
The dominant tectonic landforms on Mercury are huge cliffs called “lobate scarps.”
Even before MESSENGER, researchers thought these scarps were signs of global shrinkage, like wrinkles on a raisin.
Why would Mercury shrink?
The planet’s core makes up a whopping 60 to 70 percent of its mass. Cooling of this oversized core has led to a remarkable contraction of the planet.
MESSENGER’s images of lobate scarps show that the total contraction is two to seven times greater than researchers previously thought.
Magnetically speaking, Mercury is alive
Until Mariner 10 discovered Mercury's magnetic field in the 1970s, Earth was the only other terrestrial planet known to have a global magnetic field.
Earth's magnetism is generated by the planet's churning hot, liquid-iron core via a mechanism called a magnetic dynamo.
Researchers have been puzzled by Mercury's field because its iron core was supposed to have finished cooling long ago and stopped generating magnetism.
Some researchers thought that the field may have been a relic of the past, frozen in the outer crust. MESSENGER data show otherwise: Mercury's field appears to be generated by an active dynamo in the planet's core. It is not a relic.
A planet with a tail
Orbiting Mercury, MESSENGER made the first in situ observations of Mercury's unique exosphere.
The exosphere is an ultrathin atmosphere where atoms and molecules are so far apart they are more likely to collide with the surface than with each other.
This material is derived mainly from the surface of Mercury itself, knocked aloft by solar radiation, solar wind bombardment and meteoroid vaporization.
MESSENGER was able to determine the chemical composition of the exosphere (hydrogen, helium, sodium, potassium, and calcium) and monitor the material as it was stretched out into a comet-like tail as long as 2 million kilometers by the action of the solar wind.
This tail, as well as Mercury’s magnetic field, was often buffeted by solar activity during MESSENGER’s long mission, giving the spacecraft a point-blank view of the roughest space weather in the solar system.
In addition to science discoveries, the mission provided many technological firsts, including the development of a ceramic cloth sunshade that protected the spacecraft’s instruments and electronics from fierce solar radiation.
“The front side of the sunshade routinely experienced temperatures in excess of 300° Celsius (570° Fahrenheit), whereas the majority of components in its shadow routinely operated near room temperature (20°C or 68°F),” said Helene Winters, mission project manager at the Johns Hopkins University Applied Physics Laboratory. “This technology to protect the spacecraft’s instruments was a key to mission success during its prime and extended operations.”
Goodbye, MESSENGER, and thanks!
Dr. Tony Phillips works for the National Aeronautics and Space Administration.
LAKE COUNTY, Calif. – The California Highway Patrol has released the name of a young Lakeport man who died in an early morning crash in Clearlake Oaks on Thursday.
Anthony Estrella, 24, died in the wreck, according to CHP Officer Kory Reynolds.
Estrella was driving a 1997 Ford Explorer westbound on Highway 20 at Schindler Street at 1 a.m. Thursday when the crash occurred, the CHP said.
The CHP report said Estrella's Explorer went off the road, and hit a speed limit sign, a power pole and a chain link fence before it overturned, trapping him inside. He died at the scene, according to the CHP.
The crash remains under investigation, the CHP said.
Editor's note: The CHP initially reported the victim's last name as Estrello, later correcting it that it is Estrella.
Email Elizabeth Larson at