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As Labor Day weekend approaches, millions of people will visit outdoor recreation areas throughout California.
In anticipation of the increased outdoor activities, Cal Fire officials are urging everyone to exercise extra caution and be safe this holiday weekend.
Wildfires continue to burn in Northern California and much of the state remains at high risk for wildfires.
More than 500,000 acres have burned in California so far this year.
The potential for additional large, destructive fires only increases as we approach fall.
Residents and visitors to the recreational areas of California need to be extremely cautious and avoid starting any new fires while enjoying the last long weekend of summer with their friends and families. Due to existing or recent fires many areas are closed to visitors and campers.
If you are planning to visit one of the National Forests within California, please contact the forest area office directly to obtain current information on their closures and fire restrictions.
A statewide burn ban has been in effect since Aug. 15 for all statewide responsibility areas. All residential “dooryard” burning, forest management, hazard abatement, and other industrial-type burning is suspended until further notice. Campfires are only allowed in designated campgrounds.
Wildfires are not the only danger posed by the outdoors; drowning also dramatically increase during the Labor Day weekend.
Cal Fire responds to water rescues all across the state, many of which tragically claim the lives of both adults and children.
Cal Fire urges everyone to follow these important safety tips this holiday weekend:
Camping:
- Obtain necessary permits needed for campfires and adhere to any restrictions.
- Clear away grass, leaves and other debris within a 10-foot perimeter of any campfire.
- Have a responsible person in attendance at all times while campfire in use.
- Ensure all campfires are completely extinguished before leaving.
- When barbecuing, never leave the grill unattended.
In the water:
- Always wear a life jacket.
- Children should always be supervised by a responsible adult.
- Never swim alone
- Drinking and swimming is just as dangerous as drinking and driving.
For more ways to be safe during the Labor Day weekend visit the Cal Fire Web site at www.fire.ca.gov .
California statutory law requires a trustee to account annually to current trust beneficiaries, i.e., those who are currently entitled to receive distributions of income and principal during the accounting period.
Any trustee, other than the settlor(s) who established the trust, has a duty to account.
Let us discuss some basic concepts regarding the trustee’s duty to account.
The trust instrument itself may either broaden or narrow the trustee’s statutory duty to account.
A trust might broaden the scope of who receives an accounting, for example, to include future beneficiaries. Alternatively, the trust might eliminate the requirement altogether.
That said, even when the trust waives the accounting requirement, a trustee may still provide one to protect himself against possible claims by unhappy beneficiaries alleging a breach of one or more trustee duties.
Furthermore, a beneficiary may still petition the court for an accounting when there is reason to believe that the trust was mishandled.
From a trustee’s perspective a trust accounting is very important. It helps him discharge his legal responsibilities within a set time.
An accounting that is mailed to beneficiaries must be accompanied by a legal notice that meets specific legal requirements to alert the recipients of their legal rights to dispute the accounting within three years of receipt.
A trustee may shorten this time to 30 days by petitioning the court to approve the accounting with notice to all beneficiaries. Without an accounting the trustee remains indefinitely liable to future court actions.
Broadly speaking, the accounting must sufficiently detail the assets, transactions, liabilities, and persons hired by the trustee. Each is disclosed in the relevant accounting schedule.
Thus, a trustee keeps all underlying documents related to asset values (such as appraisals) and financial transactions (such as transactional invoices, receipts and monthly financial statements). An accounting that is too generalized will be insufficient.
A trust accounting should meet California Probate Code requirements in case it is submitted for court approval. California trust accountings have their own unique set of rules under the California Probate Code, not to be confused with either tax or financial accountings as prepared by a CPA for business or tax purposes. A balanced trust accounting is one where the sum of all the charges equals the sum of all the credits.
In order to balance the charges and credits the concept of “carry value” is used in trust accountings. Carry value represents, in dollar terms, the amount of responsibility that the trustee carries with respect to each asset.
Carry value is not the same as fair market value, net value or current value. For example, a successor trustee who steps in at the death of the settlor/trustee to distribute the trust estate will use the date of death appraisal value of each trust asset as its carry value.
Liabilities are not subtracted and do not count in balancing an accounting, although are disclosed in a separate schedule of liabilities.
An asset’s carry value remains constant throughout the accounting even though its actual present value may change during the same period. This is because the carry value is a substitute for the actual asset itself (a constant) and the trustee’s responsibility for the asset does not change with changes in its value.
Thus, for example, a successor trustee of a deceased settlor’s living trust that owns a house with a carry value of $250,000 can still show he discharged his duty when four months later he distributes the house even if its value has declined to say $225,000.
There are many more technicalities to preparing a trust accounting than discussed above.
Suffice it to say that a trustee typically needs the professional assistance of an attorney and/or accountant to prepare the trust accountings to meet his duty to account.
Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at
When someone says “Once in a Blue Moon,” you know what they mean: Rare, seldom, even absurd.
This year it means Friday, Aug. 31.
For the second time this month, the Moon is about to become full.
There was one full Moon on Aug. 1 and 2, and now a second is coming on Aug. 31.
According to modern folklore, whenever there are two full Moons in a calendar month, the second one is “blue.”
Cue up the Elvis records! “Blue Moon…. You saw me standing alone, without a dream in my heart, without a love of my own.” In song and literature, blue moons have long symbolized lost love and melancholy. Elvis set the standard for lunar heartbreak in his 1956 pop hit “Blue Moon.”
But will the moody Moon of Aug. 31 actually turn blue? Probably not.
Most blue Moons look pale gray and white, indistinguishable from any other Moon you’ve ever seen. Squeezing a second full Moon into a calendar month doesn’t change the physical properties of the Moon itself, so its color remains the same.
With that caveat in mind, however, be aware that on rare occasions it can happen.
A truly-blue Moon usually requires a volcanic eruption. Back in 1883, for example, people saw blue moons almost every night after the Indonesian volcano Krakatoa exploded with the force of a 100-megaton nuclear bomb. Plumes of ash rose to the very top of Earth’s atmosphere, and the Moon … it turned blue!
Krakatoa’s ash was the reason. Some of the plumes were filled with particles 1 micron wide, about the same as the wavelength of red light. Particles of this special size strongly scatter red light, while allowing blue light to pass through. Krakatoa’s clouds thus acted like a blue filter.
People also saw blue-colored Moons in 1983 after the eruption of the El Chichon volcano in Mexico. And there are reports of blue Moons caused by Mt. St. Helens in 1980 and Mount Pinatubo in 1991.
Certain forest fires can do the same trick. A famous example is the giant muskeg fire of September 1953 in Alberta, Canada. Clouds of smoke containing micron-sized oil droplets produced lavender suns and blue Moons all the way from North America to England.
There are plenty of wildfires burning in the hot, dry USA this month. If any of them produce smoke with an extra dose of micron-sized particles, the full Moon might really turn blue.
On the other hand, maybe it will turn red. Often, when the moon is hanging low, it looks red for the same reason that sunsets are red. The atmosphere is full of aerosols much smaller than the ones injected by volcanoes. Measuring less than a micron in diameter, these aerosols scatter blue light, while leaving the red behind. For this reason, red Blue Moons are far more common than blue Blue Moons.
Sounds absurd? Yes, but that’s what a Blue Moon is all about. Step outside at sunset on Aug. 31, look east at the moonrise, and see what color presents itself.
Dr. Tony Phillips works for the National Aeronautics and Space Administration.
LAKEPORT, Calif. – For the price of a small donation, on Friday community members can help feed Lake County’s hungry and also enjoy the Lake County Fair for free.
The Lake County Fair is partnering with Lake County CAN for an inaugural fair food drive.
On Friday, from 4 p.m. to 7 p.m., the fair will offer free entrance to each person who brings four cans or four items of nonperishable food.
Suggested donations are tuna, beef stew, fruit, soup, spaghetti sauce, macaroni and cheese, dried beans and rice mix.
Lake County CAN distributes donations to seven food pantries throughout Lake County at Methodist Churches in Clearlake, Clearlake Oaks, Kelseyville, Lakeport, Lower Lake, Middletown and Upper Lake.
These food pantries are available to anyone in need, regardless of their beliefs.
For more information phone 707-987-3379 or 707-263-6181.
LAKEPORT, Calif. – The Lake County Fair is officially open for 2012.
Over the next several days, the fair will offer entertainment for all ages – rides, shows, exhibits, animals and a variety of vendors.
The fair parade made its way through Lakeport Thursday night, ending at the fair’s main gate, where the grand marshals – members of the Lake County Military Funeral Honors Team – took part in the ribbon cutting that opens the event.
The fair runs through Sunday, Sept. 2.
The video below offers a look at the fair’s first night.
CLEARLAKE, Calif. – Rochelle Davis remembers a conversation she had with her friend, Eddie Alden, on the morning of Saturday, June 16.
The two were at his Clearlake barbershop, Custom Cut’s N Colors, chatting and laughing.
They had known each other since 1977, when Davis came to Clearlake. Alden’s father, Ed Hill, had been one of Davis’ first friends in the community.
The then-teenage Eddie was finding himself in trouble, and at one point stole Davis’ car and ended up doing jail time. From jail, he wrote her an apology letter and took responsibility for his actions.
“We’ve been friends ever since,” she said.
Alden, 44, had had some additional hard knocks since then, doing prison time for drug-related charges. But about 12 years ago, he returned to Lake County, opened his barbershop and devoted himself to being a good neighbor and community member.
“He came back to this town and completely turned his life around,” Davis said.
His muscular forearms were tattooed, he rode a Harley Davidson motorcycle. But, as friend Tee Stacy said, his appearance was misleading, with a tough exterior masking a tender heart.
“He was a leather-covered marshmallow,” she said.
He showed that softer side in his work.
Alden was known for consistent acts of generosity, always having fundraising jars in his salon for local charitable efforts or children’s school trips.
“He absolutely loved this community,” said Davis.
Alden proved talented when it came to working with children. He encouraged them, was interested in their activities and got them to hold still in the barber’s chair. The bargain: If they sat through the haircut, they got to sit on his motorcycle. It was a strategy that worked and gained him many devoted young fans.
Despite being busy in his shop, Alden was known for his willingness to share his time, including closing down in the middle of a day to go and cut the hair of a hospice patient who couldn’t get out of their home.
He told his friends and family, “I just can’t say no.”
Stacy said he cared about people, and would take time out of his busy schedule to speak to her and her husband, Jim, about their work as ordained ministers. She said Alden was proud that they were pursuing their work with the church.
Davis recalled that on that June morning, as they talked at his shop, he put his arm around her and said, “We’ve really changed our lives, haven’t we?”
Within 24 hours, that life he had worked so hard to change and to fill with meaning would take a horrifying turn.
Those closest to him said he was jumped outside of his W. 40th Street home late that night, receiving numerous kicks to the back of his head.
Police have not confirmed the extent of his injuries, only saying they were “severe.” Details of what turned out to be a fatal confrontation have not been released.
Following the assault, Alden was flown to Santa Rosa Memorial Hospital, where he was placed on life support, having slipped into a coma due to the traumatic brain injury he suffered.
For the next week, he remained in a coma, and was under a special security detail to protect him.
On Monday, June 25, Alden’s family took him off of life support. He had never regained consciousness.
Late last month, a group of his friends and family sat in the front room of his home, just feet away from where the attack happened, still stunned by his death, and wondering why no arrests had yet been made.
“People’s lives have been completely altered by this,” Stacy said.
The life interrupted
Stacy grew up with Alden, and remembered watching John Wayne movies with him and his grandfather on Saturday afternoons at his grandfather’s home on W. 40th Ave. When Alden returned to Clearlake, he would make that house his home.
Alden was commonly seen out in his yard, doing chores like chopping wood, or barbecuing, and waving friends in to join him for a meal.
It was this kind of generosity that would lead him to offer people down on their luck help, or even a place to stay.
Late last year he had given 35-year-old Sarah Felder a place to stay in the wake of her divorce. What had started out as just a few days’ stay lengthened into months.
His family said he was not romantically involved with Felder, who they said did not have a job. Rather, he was trying to help.
However, he was tiring of being caught up in the middle of Felder’s issues with child custody and other disagreements with her ex-husband. Three days before the attack, he asked her to leave, his family said.
“He was just fed up,” said Stacy.
On the day he was attacked – Saturday, June 16 – Alden followed his usual routine, closing his shop at 3 p.m.
He and Felder did some shopping, but he was reported to have been home most of the day.
Later that evening, his friend said he had planned to meet two men at a nearby church parking lot regarding issues that kept arising regarding Felder. He and Felder walked to the parking lot, no one was there, and they returned home.
Based on information his family and friends received from a witness, they believe Alden was unlocking his front door when he was jumped from behind by a male subject.
Alden was reportedly hit in the back of the head, causing him to strike the front of his head on the front door jamb. He fell to the ground, where the subject was reported to have kicked him in the back of the head repeatedly.
Alden’s family said they received information that the attack had happened at approximately 11:43 p.m.
Another of Alden’s friends, who asked not to be named in this article, said he spoke with Alden about 20 minutes after the fight. At that time, Alden was still conscious, and said he was going to take a shower.
Det. Tim Alvarado told Lake County News that the information police had confirmed that Alden was conscious briefly after the fight.
Police were dispatched to the home at 12:27 a.m. Sunday, July 17. Alvarado said that someone else – not Alden – had called 911, and when police arrived they found Alden unconscious.
A landing zone was set up nearby, with a REACH air ambulance flying Alden to Santa Rosa Memorial Hospital.
Approximately $1,800 in cash that he had on his person disappeared after the attack, his family said.
Felder was allowed to go with Alden to the hospital. After she was caught yelling in his hospital room, Alden’s family had Felder removed.
The day after Alden was attacked, his sister, Angela Beatty, went to his home to open it for police.
She said police blocked off the area around the home, which they searched for about two hours before leaving with several small paper bags filled with items. She said they did not search his shop.
Beatty said authorities also had the Department of Fish and Game come up and pick up the small pet alligator her brother had kept in an aquarium in the front room.
Community members held a prayer vigil for Alden. Later, after he died, an estimated 300 people attended his memorial. His family held a fundraiser to pay for it.
“He mattered. My heart is broken, I miss my friend,” said Stacy. “People aren't supposed to get away with murder.”
On Saturday, Aug. 11, Beatty reopened her brother’s shop, now titled “Hair By Angel.”
She had the building – located at 14656 Lakeshore Drive – repainted in orange and black, Harley Davidson colors, she said.
When asked why she chose to reopen the business, Beatty said, “I did it for my brother.”
Police, district attorney continue work on the case
While Alden’s family and friends say they’re impatient to see those responsible for Alden’s death brought to justice, officials with the Clearlake Police Department and the Lake County District Attorney’s Office told Lake County News that they are continuing their investigations.
Alvarado said his part of the investigation was moving forward, and that he had been doing additional followup per the District Attorney’s Office’s request. He said there were new developments that he was working on in the case.
He said the investigation is focusing on one suspect, who he did not name.
“It’s a pretty basic situation,” he said.
Alvarado said the rumors being passed around the community of a larger group of people attacking Alden are false but they continue to go around town “like crazy.” He also emphasized that Alden was not shot.
While Alden’s family and friends voiced their desire for more information on what path the investigation had been taking, Alvarado said investigators have to keep certain details confidential.
“We’re not putting out everything we’re doing every step of the way,” he said. “If everybody knew a lot of our cards, they’re going to play to it like crazy.”
Alvarado said he’s tried to keep Alden’s family informed of how the investigation is progressing.
He said he welcomes additional information from any community members who wish to come forward; anyone with information regarding the case can contact him at 707-994-8251.
One of the challenges for investigators is getting Alden’s final autopsy report in hand, Alvarado said.
Autopsies for Lake County are handled by the Sacramento County Coroner’s Office, which Alvarado said has about 16 cases lined up ahead of Alden’s.
He said Sacramento County officials did complete the actual autopsy and gave him some of their preliminary findings.
“But we’re going to need the actual full coroner’s case before the DA’s office will really go forward on it,” he said.
Alvarado had at one point anticipated that it could be several months before the report was ready, but Chief Deputy District Attorney Richard Hinchcliff said they are hoping to have the autopsy results within a few weeks.
Once the report is in hand and the additional investigation the District Attorney’s Office wanted is complete, Hinchcliff said he will meet with Alvarado and District Attorney Don Anderson to determine if any other work – such as additional interviews with potential witnesses – is needed before making a charging decision.
“The way things occurred, there’s a lot of issues in this case,” he said.
Hinchcliff said they will need to consider if they can prove murder, voluntary or involuntary manslaughter, or anything at all with the suspect who is the focus of the investigation.
“There’s just a lot involved with this,” he said. “There’s conflicting information we getting, there’s gaps in things, there’s potential self-defense issues that we’re investigating.”
Hinchcliff said he realized that these cases always appear clear cut to family members. However, he said the law requires prosecutors to be able to prove to 12 jurors beyond a reasonable doubt that a person is guilty of a crime, and meeting that evidentiary burden isn’t always easy.
He said he’s talked to one of Alden’s sisters and promised not to make a final charging decision in the case without speaking first to his family.
“Bottom line, we haven’t made any decision and it’s still being investigated and assessed to see what criminal charges we have that we can prosecute, if any,” said Hinchcliff.
While they wait, Alden’s friends and family have worked to keep his memory alive.
They frequently post about him on Facebook, create photo and video tributes, discuss the case and deal with the tangled, painful emotions that come with the sudden loss of a person who died far too soon.
“I just want to see justice,” said Stacy. “Eddie deserves that. Any human deserves that.”
Stacy said his family also deserves to see justice for him.
So does the community, added Davis.
“This was a life that mattered,” Davis said.
Email Elizabeth Larson at