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Dennis Fordham. Courtesy photo.

Marriage confers important rights and obligations on spouses. One of the rights is that of the surviving spouse’s rights in the deceased spouse’s estate.

In California, couples prior to marriage and during marriage can agree that the surviving spouse waive certain inheritance rights in a deceased spouse’s estate (Probate Code sections 141-147).

Upon divorce, a surviving ex-spouse is presumed by California law to have predeceased the former spouse for purposes of inheritance rights.

A waiver in advance of a spouse’s death of surviving spouse’s rights in the deceased spouse’s estate could be agreed-upon by married persons who are dissolving their marriage or who are in (or going into) second marriages and want to protect their own children’s inheritances.

Section 141 of the Probate Code states ten different ten important rights in the deceased spouse’s estate that a surviving spouse may waive, either in whole or in part.

Such spousal rights include the important right to inherit as an heir by intestate succession (if the deceased spouse had no will); the right to inherit as a beneficiary under the deceased spouse’s will executed before the waiver; the right to reside in a probate homestead; the right to a Family allowance for the surviving spouse to live; the right to take the statutory share of an omitted spouse when the deceased spouse’s will does not acknowledge the surviving spouse; and the right to be appointed as the personal representative of the decedent’s estate.

To be valid the waiver must be in writing and be signed by the surviving spouse. The waiver can either be created by an express waiver of “all rights” (such as in a pre or post marital agreement) or by a complete property settlement entered into after or in anticipation of separation or dissolution or annulment of marriage (section 145 Probate Code).

In Brendon Welch, et. al., v. Freeman H. Welch (Second Appellate District, B311507) the court enforced a waiver in marital property agreement that was reached in a mediation conference within a dissolution court proceeding.

Before the court ordered distribution of the property, the family court lost its jurisdiction when the wife died. However, the probate court found that because there was a complete settlement in anticipation of dissolution of marriage the spousal waiver in the agreement was enforceable.

A signed waiver is enforceable against the surviving spouse if the surviving spouse both received fair and reasonable disclosure of the property and financial obligations of the deceased spouse (unless waived after advice of the surviving spouse’s independent counsel) and the surviving spouse was represented by independent counsel. This is to be completely fair to the surviving spouse.

An otherwise unenforceable waiver may sometimes still be enforceable at the discretion of a court. That is, if the court finds that the waiver was fair and reasonable to the surviving spouse’s rights at the time it was signed. Or, if the court finds that the surviving spouse knew (or reasonably should have known) about the property and financial obligations of the deceased spouse; provided, however, that the deceased spouse did not violate his or her spousal duty of the utmost fair dealing with the surviving spouse.

Still, a court in exercising its discretion whether to enforce a waiver, under the exception, must also consider all relevant facts and circumstances surrounding the original signing of the waiver and determine if it would be unconscionable at time of its enforcement.

If it would now be unconscionable at time of enforcement then the court has the following options: Not to the enforce the waiver; not to enforce the unconscionable part of the surviving spouse’s waiver; or partially not enforce the unconscionable part and so avoid the unconscionable result.

The foregoing discussion shows how estate planning and family law intersect at the planning crossroads regarding the surviving spouse’s rights in the deceased spouse’s estate.

The foregoing discussion is not legal advice. Consult a qualified attorney if engaged in such planning.

Dennis A. Fordham, attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, Calif. He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. and 707-263-3235.






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LAKE COUNTY, Calif. — The Lake County Registrar of Voters Office has issued an update on the Nov. 8 General Election, including when ballots will begin to arrive, and information about returning and tracking ballots.

For the Nov. 8 general election, all registered voters will be mailed a vote-by-mail ballot. Mailing of vote-by-mail ballots will begin no later than Oct. 10. Supplemental mailings will follow for newly registered or re-registered voters.

To ensure there are no delays in receiving your ballot in the mail, verify that the Registrar of Voters has your most up-to-date voter information. Visit https://voterstatus.sos.ca.gov/ or call 707-263-2372 to verify both your residential and mailing address.

Is everything correct? If not, you can update your registration by re-registering to vote at registertovote.ca.gov or by calling 707-263-2372 and requesting a voter registration form be mailed to you.

The Registrar of Voters office encourages people to vote safely at home and return your vote-by-mail ballot in one of the following ways:

• Mail your ballot on or before Election Day — no postage required.
• At any official ballot drop box location. Visit the following website at https://caearlyvoting.sos.ca.gov/ or call 707-263-2372 for locations.
• Drop it off at the Lake County Registrar of Voters office or at any polling place location within the state of California.

To track your vote-by-mail ballot, receive your personalized text message, emails or voicemails letting you know when your ballot is mailed, received and counted by the Registrar of Voters Office by subscribing to https://wheresMyBallot.sos.ca.gov.

There will be 22 polling place locations on Election Day for in-person voting. Polling place locations will be staffed for voters to drop off voted ballots or to be issued a replacement ballot from 7 a.m. to 8 p.m.

To vote in-person at your assigned polling place site on Election Day, please call the Registrar of Voters Office for instructions. You will be required to vote a provisional ballot if you are unable to surrender your vote by mail ballot and envelope.
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CLEARLAKE, Calif. — The Lake County Campus of Woodland Community College, or LCC, invites the community to join the celebration of its 50th anniversary.

The event will take place from noon to 5 p.m. on Thursday, Oct. 13.

Located on 12.7 beautifully wooded acres, LCC has had many names over its 50-year history.

What has remained consistent over LCC’s history is its commitment to providing Lake County citizens access to academic and career technical programs that meet the needs and expectations of the region’s economy.

Lake County Campus has offered courses to county residents since 1972.

It started off offering a few courses at Konocti Harbor Inn, in Kelseyville under the name of Lake County Center of Yuba College.

In 1974, classes moved to the current location in Clearlake and the first buildings were constructed.

The California Commission of Post-Secondary Education recognized “Lake County Campus” as a center in 1990. At the same time, the Board of Trustees voted to change the name to “Lake County Campus.”

In 2000, the college was renamed again, this time to “Clear Lake Community College.” The college’s culinary program was launched the same year.

Under the instruction of the California Community College Chancellor’s office, in 2003 Yuba College District removed the word “college” from the campus’s name and it was renamed “Clear Lake Campus.”

In 2011, the campus held a groundbreaking ceremony that added 26,000 square feet to the facility.

This expansion added a new student services center, library, a state-of-the-art kitchen and dining room for Aromas Restaurant, and new classrooms/labs for biology, chemistry and early childhood education courses.

The new facility was completed, and a dedication ceremony was held in 2012.

Under a district realignment, LCC became part of Woodland Community College in July 2016. Its current name, Lake County Campus of Woodland Community College, is a result of that realignment.

The festivities on Oct. 13 will kick off at noon with lunch provided by vendors from the community. Campus tours will follow.

Beginning at 3:30 p.m., a program will be offered that includes comments from special guests and alumni.

Throughout the afternoon, visitors can expect culinary and pastry treats from LCC’s Aromas crew.

LCC invites the entire community to join in the celebration.
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What's up for October? Evenings with giants, Mars changes course, and meteors from Orion.

Giant planets Jupiter and Saturn are visible throughout the night in October. Early in the evening, you'll find them to the southeast, moving slowly westward with the stars over the course of the night. They form a triangle with bright star Fomalhaut.

When observing this trio, note how the planets shine with a steady light, while the star twinkles. This can be an easy way to know if what you're looking at is a planet or a star.

Mars has been steadily working its way toward the east all year like it usually does, relative to the background stars. But at the end of October, Mars halts this apparent motion, and then appears to reverse course.

Over the next three months, from November to late January, Mars moves toward the west each night. Then near the end of January, it reverses direction again, and continues its eastward journey.

This is what's called the retrograde motion of Mars. It happens about every two years, and it really threw early observers for a loop. That Mars appears to change its direction is an illusion caused by the motions of our planet in its orbit passing by the Red Planet in its orbit.

See, Earth and Mars are on these roughly circular paths around the Sun, like cars on a racetrack, and Earth is on the inner, faster track. About every 26 months, we overtake Mars, which is moving slower in its orbit.

During that period when we're passing Mars, and before we round the bend in our orbit to pull away from it, we see Mars in retrograde, appearing to change direction, even though it's still moving forward in its orbit.

So take note of Mars over the next few months, as it appears to reverse course. Note how its position changes with respect to Betelgeuse, Aldebaran and the Pleiades over the weeks, and you'll be witnessing what was once a source of intense curiosity for astronomers, but which we now know is just a sign of two planets passing in the night.

The Orionid meteor shower is active throughout October and November, and peaks on the night of Oct. 20. It's a moderate shower, usually producing 10-20 meteors per hour at its peak, under clear, dark skies. This year, the Moon will be about 20% full on the peak nights. So it will interfere a bit when it rises a couple of hours before dawn, but shouldn't totally spoil the viewing.

The shower's name comes from the fact that you can trace the paths of its meteors back to an area on the sky near Orion. These meteors are fragments of dust left behind by Comet Halley in a trail that extends along its orbit. They tend to be bright and fast moving, and they often leave persistent trails that can glow in the sky for a few seconds after they streak by.

No special equipment is needed to observe meteor showers. Just make sure you're warm enough, and viewing from a safe, dark spot away from bright lights. Then all you have to do is look up and enjoy the show.

Preston Dyches works for NASA's Jet Propulsion Laboratory.
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Starting Friday, $9.5 billion in Middle Class Tax Refund payments will begin going out to Californians, with refunds of up to $1,050 that will benefit millions of eligible Californians under the largest such program in state history.

This refund program to get money back in the pockets of Californians builds upon last year’s Golden State Stimulus, which distributed $9 billion to California families, and the billions that went to help folks pay their rent, cover overdue utility bills and support small businesses.

“We know it’s expensive right now, and California is putting money back into your pockets to help. We’re sending out refunds worth over a thousand dollars to help families pay for everything from groceries to gas," said Gov. Newsom.

Payments will range from $400 to $1,050 for couples filing jointly and $200 to $700 for all other individuals depending on their income and whether they claimed a dependent. Refunds are available for ITIN filers, in addition to those who file tax returns with a SSN.

A total of 18 million payments will be distributed, benefiting up to 23 million Californians. An estimated 8 million direct deposits will start arriving in bank accounts from Oct. 7 through Nov. 14, and an estimated 10 million debit cards will be delivered from Oct. 25 through Jan. 15.

Visit this site to determine your eligibility.

“Inflated costs for everyday necessities have forced many to cut corners or make impossible choices, and pain at the pump has been compounded by the return of the commute for many Californians” said State Controller and Franchise Tax Board Chair Betty T. Yee. “As the holidays approach, my team members are thrilled to be able to get these payments into the hands of those who have been struggling, so they can enjoy a measure of relief.”

How much can you receive?

Payment amounts will be based on the CA AGI on your 2020 California state income tax return, as well as your filing status and whether you claimed a dependent. For more information, including a complete breakdown of payment amounts and a tool to estimate your payment, visit the Franchise Tax Board’s Middle Class Tax Refund website at taxrefund.ca.gov.

How you'll receive your payment

Californians will receive their MCTR payment by direct deposit or debit card. Direct deposit payments will be made to eligible taxpayers who e-filed their 2020 CA tax return and received their CA tax refund by direct deposit. In general, other MCTR payments will be issued on debit cards. Debit cards will be mailed to eligible taxpayers in an envelope prominently displaying the following wording: “Not a bill or advertisement. Important information about your Middle Class Tax Refund.” For more information regarding MCTR payments, visit taxrefund.ca.gov.

When you'll receive your payment

Direct deposit MCTR payments for Californians who received Golden State Stimulus, or GSS, I or II are expected to be issued to bank accounts from Oct. 7 through Oct. 25, with the remaining direct deposits occurring between Oct. 28 and Nov. 14. FTB expects about 90% of the MCTR direct deposits to be issued in October.

MCTR debit cards are expected to be mailed between Oct. 25 and Dec. 10 for Californians who received GSS I and II, with the balance mailed by Jan. 15, 2023.

About 95% of all MCTR payments – direct deposit and debit cards combined – are expected to be issued by the end of this year. For more information, including the most recent updates on payment schedules, visit taxrefund.ca.gov.

Debit card information

FTB is working in partnership with Money Network Financial, a Fiserv company, to assist in the distribution of MCTR debit card payments. For more information, including how to activate your card, how to check your balance, and to view images of the MCTR envelope and debit card, visit www.mctrpayment.com.

Help with the Middle Class Tax Refund

For a complete list of requirements and other MCTR information, visit taxrefund.ca.gov or call 800-542-9332.


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A new multi-agency enforcement taskforce is working to disrupt the illegal market, while increasing efforts to support entrepreneurs and businesses in the legal cannabis market. Photo courtesy of the Governor’s Office.

In an effort to take aggressive action to protect communities, consumers and the environment alike, Gov. Gavin Newsom has directed the creation of a new multi-agency, cross-jurisdictional taskforce of enforcement agencies designed to better coordinate agencies combatting illegal cannabis operations and transnational criminal organizations.

This new “Unified Cannabis Enforcement Taskforce,” which has been actively working since late summer, is co-chaired by the Department of Cannabis Control (DCC) and the California Department of Fish and Wildlife (CDFW) and is being coordinated by the California Governor’s Office of Emergency Services (Cal OES) through its Homeland Security Division.

The taskforce has been charged by the governor to better align state efforts and increase enforcement coordination between state, local and federal partners.

“The state of California is committed to combatting illicit commercial cannabis activity which is causing pervasive harm to California communities, the environment, consumers and legal cannabis businesses,” said Nicole Elliott, Director of DCC.

“We cannot allow harmful, illicit cannabis operations to lay waste to the environment or threaten our communities,” said Mark Ghilarducci, Director of the Cal OES and the Governor’s Homeland Security Advisor. “We are bringing together the combined law enforcement resources of our state, local and federal agencies in a coordinated enforcement action against these bad actors and criminal organizations.”

“California has an abundance of public lands set aside for conservation, recreational use and the enjoyment of the people of this state,” said CDFW Director Charlton H. Bonham. “Unfortunately, criminal organizations are impacting these areas by exploiting some of our most pristine public lands and wildlife habitats as grow sites for cannabis.”

Since its inception, the taskforce has been actively coordinating with federal, state, local and tribal agencies to disrupt this illegal market, including:

• Combatting the non-linear threat of transnational crime that extends to areas of California beyond the border and into some of most rural parts of the state.
• Establishing a new data sharing agreement which allows state and local enforcement officials to more broadly share information and cross-match data across jurisdictions.
• Leveraging and better aligning the authorities and legal provisions of federal, state and local law enforcement and regulatory agencies in conducting search warrants, indictments and maximizing arrests and prosecution of perpetrators, while also maximizing administrative, regulatory and civil penalties for bad actors.
• Disrupting human traffickers and illegal firearm and drug smugglers.
• Interdicting illegal cannabis shipments crossing California’s borders.
• Coordinating with local police chiefs, sheriffs and federal officials to deploy personnel and equipment where needed.

By investigating, removing and reclaiming illegal grow sites as well as shutting down illegal manufacturing, distribution and retail operations, and by apprehending and applying meaningful repercussions to offenders and traffickers, state, local and federal law enforcement agencies are protecting consumer and public safety, safeguarding the environment, and depriving illegal cannabis operators and transnational criminal organizations of illicit revenue that undercuts the regulated cannabis market in California.

Large scale, illicit outdoor cannabis cultivation can be harmful to the environment. Non-compliant cultivation sites can negatively affect wildlife, vegetation, water, soil, and other natural resources when they utilize chemicals, fertilizers and terracing, and even poach local wild animals. Illegal cannabis cultivation results in the chemical contamination and alteration of watersheds, diversion of natural water courses, elimination of native vegetation, wildfire hazards, poaching of wildlife and harmful disposal of garbage, non-biodegradable materials and human waste.

Untested cannabis products also pose safety hazards to consumers, while all illegal activity undercuts the regulated market and hurts licensed cannabis business owners.

In addition to the three agencies, the participating partners in the taskforce are listed below.

California Agricultural Labor Relations Board
California Business, Consumer Services and Housing Agency
California Environmental Protection Agency
California Police Chiefs Association
California State Sheriffs Association
California Highway Patrol
California National Guard
California State Transportation Agency
California Franchise Tax Board
California Department of Food and Agriculture
California Department of Forestry and Fire Protection
California Department of Justice
California Department of Parks and Recreation
California Department of Pesticide Regulation
California Department of Public Health
California Department of Tax and Fee Administration
California Department of Toxic Substances Control
California Employment Development Department
California Department of Occupational Health and Safety
California Labor and Workforce Development Agency
California Government Operations Agency
California Water Resources Control Board
High Intensity Drug Trafficking Areas program
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CLEARLAKE, Calif. — The Clearlake Police Department is investigating the circumstances of a fatal crash on Wednesday morning that claimed the life of a pedestrian.

Police did not release the name of the crash victim, who was only identified as a 78-year-old male Clearlake resident.

The department said that at 6 a.m. Wednesday officers responded to Lakeshore Drive in front of the Veterans Affairs Clinic for a report of a traffic collision involving a vehicle and a pedestrian.

When they arrived, the officers found the collision involved a Kia Rio occupied by one person and a pedestrian.

Based on the preliminary investigation, it appears the pedestrian was walking across Lakeshore Drive in the crosswalk when he was struck by the vehicle, police said.

Police said the pedestrian sustained major injuries and was pronounced deceased at the hospital.

If you witnessed the collision, please contact Officer Nathan Williams by email at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-994-8251.
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California State Parks employees clean up Molesworth Beach near Clearlake, California, on Tuesday, Oct. 4, 2022. Photo courtesy of California State Parks.

CLEARLAKE, Calif. — On Tuesday, 12 California State Parks employees spent the day cleaning up tires and other debris that has become exposed on the Clear Lake shoreline due to the falling lake level.

The cleanup day was conducted by staff members from the public safety, natural resources and maintenance departments, with a Clear Lake State Park lifeguard joining the crew.

The cleanup occurred at Molesworth Beach, a part of the shoreline of Clear Lake at the southernmost area of the lake.

The beach is located within the boundaries of the North Flat portion of Anderson Marsh State Historic Park.

The origin of the tires found at this part of the shoreline is no mystery, said Supervising Ranger Chris Glenn.

“For years, folks around Clear Lake have been using tires as dock fenders, and eventually, the docks deteriorate and the tires end up at the southern end of the lake,” said Glenn.

“On behalf of State Parks, we wish to thank Clear Lake Resort for assistance with access to the beach area and South Lake Refuse and Recycling for receiving the tires at no cost to the state,” he said.

The North Flat portion of Anderson Marsh State Historic Park is relatively undeveloped, with walking trails leading to Cache Creek and Clear Lake.

Dogs on a 6-foot leash are allowed on the trails in this area of the park. The area can be reached via Lakeview Drive off of Old Highway 53.

California State Parks employees clean up Molesworth Beach near Clearlake, California, on Tuesday, Oct. 4, 2022. Photo courtesy of California State Parks.
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Gravel buildup under the bridge on Elk Mountain Road in Upper Lake, California. Photo by Elizabeth Larson/Lake County News.

LAKE COUNTY, Calif. — The Board of Supervisors on Tuesday approved the award of a contract to an engineering firm that will be tasked with designing a project to remove gravel and sediment buildup from the levee channels that protect the town of Upper Lake.

Water Resources Director Scott De Leon asked for, and received, the approval of the supervisors — sitting as the Lake County Watershed Protection District Board of Directors — to waive the county’s formal bidding process and authorize the signing of an agreement with Peterson Brustad Inc. for engineering design services for the Clover Creek Bypass Gravel Removal Project.

The Folsom-based company will be paid $44,820 for the project. The contract term ends on March 31, 2023.

Peterson Brustad was the firm hired to complete the Middle Creek Flood Control Feasibility Study, which covers the Middle Creek and Clover Creek diversion levees, the diversion structure and Old Clover Creek closure structure in Flood Zone 8. That work is still underway.

Those levees do not provide protection in 100 year flood events, and modeling completed last year and described in a video on the feasibility study showed that if the levees failed it could be catastrophic for Upper Lake, as Lake County News has reported.

The Western Region Town Hall hosted a special workshop on the levees last week.

De Leon said the contract is to prepare preliminary plans not only for the Clover Creek bypass but all of the Clover Creek and Ally Creek facility in Upper Lake.

The United States Army Corps of Engineers installed the levees on those creeks in the 1950s, De Leon said.

Now, there is “significant gravel buildup within the channels” and De Leon said one of the projects that’s been identified to deal with the levees condition is gravel removal.

However, in order to pursue that project, De Leon said his department needs to have preliminary plans to develop the project scope — including how many yards of material need to come out. They also need to start preliminary environmental work.

“That is all key to making applications for funding,” he said.

He added, “It’s going to be a very expensive project so we need as much information as we can,”

De Leon proposed to use Peterson Brustad because the company already is doing the feasibility study of that entire creek region, has been analyzing the levees and modeling how the levees perform under certain storm events and conditions. As a result, they have all of the topographic information on the channels.

There are potential funding sources available to pay for the extraction project, said De Leon; those include the Natural Resources Conservation Service, part of the U.S. Department of Agriculture.

That option was discussed during the June 15 Western Region Town Hall attended by Lake County News. An NRCS representative, Jim Rienstra, who attended that meeting via Zoom confirmed the agency could fund the work through its programs.

“The sooner that we can get some plans done and get a project description prepared, the sooner that we can start chasing grant funds to try to do the project,” said De Leon.

“We also believe that it’s going to require a pretty significant environmental review,” he added.

Supervisor Bruno Sabatier said he didn’t necessarily agree that, under the justifications for waiving the bidding process, that it was a unique service, but that it was more of an amendment to the current contract with Peterson Brustad.

Sabatier said it also wasn’t an emergency yet, but there was the potential for one if the county gets a large amount of rain.

County Counsel Anita Grant said she thought Sabatier was right about the exemption from competitive bidding, and suggested instead that the applicable exemption would be no economic benefit.

Supervisor Moke Simon said the county needs to look at gravel removal in all local creeks, as it’s building up everywhere and affects everyone.

“Getting some of this gravel out of our creeks is very important,” he said.

Referring to Simon’s statement, Sabatier agreed that it’s a larger issue and asked if the same California Environmental Quality Act process being used for Upper Lake’s levees can be used to address future removal of gravel in the area.

“That’s a really complicated question,” said De Leon. “It’s possible.”

He said he didn’t think the environmental work can be reused, but the plan can be.

In the feasibility study, Peterson Brustad discussed the addition of structures or areas where gravel would accumulate as opposed to it going in and disrupting the channel, he explained.

De Leon said there are a number of design options that could be put into play here that could be reused. A routine maintenance project also could be done.

Sabatier moved to approve waiving the bidding process and authorizing the signing of the contract, which the board approved 4-0.

Editor’s note: This article has been clarified regarding Supervisor Sabatier’s questions about whether the California Environmental Quality Act process could be reused again.

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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Adopt A Fifth Grader Founder and Patron Wade Koeninger with the 2022 recipients from Shanel Valley Academy: Fifth graders Jennifer Sanchez and Leonardo Soto. Courtesy photo.

LAKE COUNTY, Calif. — Fifteen years ago the Mendocino College Foundation launched the Adopt A Fifth Grader program, which awards scholarships to fifth grade students in Lake and Mendocino counties.

Individual donors, families, service clubs and local businesses donate $700 to “adopt” a fifth grade student; the foundation then invests that money, growing it over seven years to become a $1,000 scholarship upon the student’s graduation from high school.

What started with one student at Hopland Elementary School in 2007 has grown to 817 students across 24 elementary schools in the Mendocino-Lake Community College District as of 2022. That’s $817,000 invested in our community’s youth.

The program is the brainchild of Wade Koeninger and his late wife, Mary Lou.

When Wade Koeninger was a young man growing up in Oklahoma, he and a friend started a lawn mowing business. One of his clients had attended Yale University, and he saw promise in Koeninger, which caused him to nominate him for a scholarship to Yale.

Koeninger received the scholarship and attended Yale and it changed his life. He never forgot the man who made it possible, and became determined to provide the same type of motivation for young students in Hopland, where he and Mary Lou had relocated in 1979.

In 1989 they launched the Koeninger Elementary School Achievement Award by selecting one fifth grade student from Hopland Elementary School.

In 2007 the Koeningers partnered with the Mendocino College Foundation, where they believed the newly-named Adopt A Fifth Grader program would flourish, inspiring and attracting other local philanthropists to join the cause.

And that’s exactly what has happened. To date, more than 230 individual donors throughout Mendocino and Lake Counties have made a contribution to the Adopt A Fifth Grader program.

“Angie and I started with the AAFG program because we wanted to invest in our community’s children and if possible help them succeed in their life choices,” says long-time program donor Tom Herman about his family’s commitment.

One of the students adopted by the Hermans was Tate Campbell of Laytonville, who received his award as a fifth grader at Laytonville Elementary School in 2012.

Today Campbell is a senior at Chico State majoring in animal science/prevet and has recently applied to veterinarian school. He was able to get AI Certified and is working at the school’s dairy farm.

Remembering back to when he first found out he had been selected, Campbell said, “It meant a lot to me at such a young age, knowing that I had the academic potential for people in my community to believe in me and my ability to achieve a successful future.”

He added, “Programs like this supporting young minds are beneficial to small communities like the ones in Mendocino County. They help children gain confidence in their ability to achieve their educational dreams. Ever since I was young, wanting to be a veterinarian has been my goal. Knowing what I know, that award means a lot to me and has pushed me every day since to achieve my dream.”

Tom Herman was glad to hear of Campbell’s success. “To see that Tate Campbell has chosen to become a veterinarian is, to us as horse and animal lovers, a very special reward for our involvement in the Adopt A Fifth Grader program. Tate, good luck with the next step in your career and when you are a vet, please come back to Mendocino County.”

Tate Campbell of Laytonville, California, was awarded an Adopt A Fifth Grader scholarship in 2012 and is currently a senior at Chico State. Courtesy photo.


One local service club that has really gotten behind this investment in our youth is the Rotary Club of Fort Bragg. In 2017 it made a commitment to help “adopt” every fifth grade student at Dana Gray Elementary School. The club matched all donations up to $500 with a $200 Rotary donation to get to the full $700 required for the scholarship.

That first year the club gave a total of $5,000 in matching funds for 25 fifth grade students. Five years later the Fort Bragg Rotary has provided matching funds to adopt 205 Dana Grey fifth graders, an investment of $41,000 directly benefiting local youth.

“We believe in the Adopt A Fifth Grader program’s ability to inspire young people as early as fifth grade to start thinking about and planning for their future,” says current Rotary Club of Fort Bragg President Paul Sweigart. “If we can help our local students stay on track, graduate high school, and hopefully attend Mendocino College or pursue their career goals, it’s good for our community. We all benefit when students achieve success, so Rotary sees this as a solid investment in the future.”

This past spring, as the Mendocino College Foundation Board Members and staff made the rounds to 24 schools in Mendocino and Lake counties, awarding $25 checks and scholarship certificates to all 82 of the adopted fifth graders for 2022, the program came full circle.

Wade Koeninger was able to attend the end of year ceremony at what was once Hopland Elementary, now brought back to life by dedicated community volunteers as Shanel Valley Academy.

He proudly awarded two Shanel Valley Academy fifth grade students, Leonardo Soto and Jennifer Sanchez, their Adopt A Fifth Grader scholarship certificates.

Earlier this year Koeninger endowed two new perpetual Adopt A Fifth Grader scholarships in honor of two women who were integral to getting the initial Hopland Elementary program off the ground: Gloria Jarrell, former Principal; and Donna Wilsey, former Secretary II.

By honoring these two dedicated women, Wade is ensuring that two fifth-grade students from Shanel Valley are awarded a $1,000 scholarship every year for the next 20 years.

The Koenigers’ premise remains both forward-thinking and simple: plant a seed in a young person’s mind that she or he is college-bound and motivate them to graduate from high school and attend college.

Anyone can help plant a seed to help grow the future of Mendocino and Lake counties by making a contribution to the Adopt A Fifth Grader Fund. Contact Julie McGovern, the executive director of the Mendocino College Foundation at 707-468-3164 or This email address is being protected from spambots. You need JavaScript enabled to view it..

You can also visit https://foundation.mendocino.edu/donate/ and select the Adopt A Fifth Grader option.

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LAKE COUNTY, Calif. — State water officials this week gave an update on climate conditions and offered an explanation of what weather Californians can expect this fall and winter.

The California Department of Water Resources said it is preparing for a potential fourth dry year based on the weather forecasts so far.

State Climatologist Michael Anderson and Drought Manager Jeanine Jones spoke to reporters about the water year recap for 2022 and what is ahead in water year 2023.

A water year is the period from Oct. 1 to Sept. 30.

Anderson said there has been more variability for this past water year, with both extreme wet and dry months. Water storage statewide is slightly better than water year 2021 but still below average.

That new normal requires a more conservative planning approach and aggressive multiagency action, starting right now, he said.

He said water year 2022 was wetter than 2021 and had the third warmest November on record.

Anderson said December was “fantastic,” with a large amount of precipitation. That included record snowfall in parts of the Sierras, with a statewide average of 150%. Had those conditions continued, the situation would be better overall.

He said water year 2013 had the driest start to a water year until water year 2021. There was a little bit of precipitation during the snow melt, which he said is important to move the snowpack down and into the reservoirs. Then there was the massive heat wave during Labor Day weekend.

Water year saw a large amount of rain in October, when the largest storm occurred — at the start of the season, not in the heart of winter — followed by record dryness. During the peak of the rainy season, from December to February, there was only 50% of the annual precipitation, Anderson reported.

When dry conditions continue, they impact the landscape. Anderson said November was dry and warm and, as a result, the landscape didn’t go into hibernation. Rather than going to sleep, the landscape was evaporating water to stay cool.

During the summer, a southwest monsoon that usually impacts the Colorado River basin occurred with more intensity than normal, resulting in flooding rains for Death Valley, he said.

At the beginning of September, there was a record setting heat wave with records for high temperatures in a number of locations. Hurricane Kay impacted Southern California, with the storm’s northeast side impacting the desert region.

In Northern California, Anderson said there was a typhoon remnant that came down from the Bering Sea where it did damage. Traveling down California’s coast, it brought heavy rains.

Anderson also reported on an expansion of aerial snow surveys the state is carrying out, with the help of the NASA Jet Propulsion Lab, explaining the importance of getting a spatial picture of what is going on.

The expanded surveys moved into the Tahoe and Feather basins last year, and now there are plans to expand them to the watersheds that flow into the Shasta, Kern and American rivers. Anderson said the state wants to better understand snowpack patterns as they are changing and becoming more dynamic.

Conditions challenge water supply

Jones, who wished everyone a “happy new water year,” followed up by saying of water year 2022, “This was our third dry year in a row.”

As a result, the prospects are not good for the Central Valley Project, the series of dams, reservoirs, canals and other facilities managed by the U.S. Bureau of Reclamation that supplies water to major urban centers in the Greater Sacramento and San Francisco Bay areas.

For the second year in a row, Jones said the Central Valley Project is offering zero supply to most agricultural contracts except for the Friant Division, which impounds the entire flow of the San Joaquin River. Eighteen percent is going to Sacramento Valley water rights settlement contractors and wildlife refuges, and the health and safety allocation.

The State Water Project, California’s water and delivery system, is only giving a 5% allocation, with 50% to the Feather River water rights settlement contractors, she said.

Jones said increased drought impacts in the Sacramento Valley have led to the California Rice Commission estimating that there has been a 50% cut in harvested rice acreage, which will affect migratory waterfowl that travel the Pacific Flyway, resting and feeding in rice fields.

Water year 2022 had 76% average rainfall. As a result, the state is now consciously holding over more water from its reservoirs. As of September, California’s reservoir storage was at 69% of the historical average. That compares with 124% in 2019 and 120% in 2017, the two most recent wet years, and 36% in 1977, one of the worst years for drought in the state’s recorded history.

During a drought, groundwater is a major supply. Jones said groundwater normally provides 40% of supply, but that rises to 60% during droughts.

Regarding the Colorado River basin, Jones said Lake Mead and Lake Powell have continued to set record low elevations.

To address low water levels throughout the state, Jones said the Department of Water Resources has taken a number of actions, including constructing an emergency selenity barrier in the Bay Delta.

Jones said the Legislature gave significant funding to DWR to respond to drought impacts, and she showed a picture of a portable storage tank in Glenn County for a household whose private well went dry.

Record-breaking stretch of dry years

Anderson explained during the briefing that water years 2020, 2021 and 2022 now make up the driest three year stretch that goes back to water year 1896, with 46 inches of rain. Previously, water years 2013, 2014 and 2015, with 49 inches, had been the driest.

He said this is the third year where there is the presence of La Niña conditions, which occur when water near the equator is cooler than normal.

Going back to 1950, when the National Oceanic and Atmospheric Administration first put together its La Niña index, there have been only a few other times with stretches of La Niña conditions, specifically, 1976 and 2001, Anderson said.

When the winter solstice arrives, the Earth starts to tilt another way, which Anderson said “opens the door for something interesting to happen.”

Last year, it resulted in weather going from very wet to dry, with Anderson urging readiness for anything that might come the state’s way.

Anderson said the 2021 water year was the second-driest year on record, second to water year 1924.

With groundwater, above average years are needed to have some volume that can be put toward recovery and not just what’s being used on an annual basis, he said.

Anderson said one wet year can do a lot for the surface water supply, but multiple wet years are needed to help with subsurface supply.

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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LAKE COUNTY, Calif. — The Clearlake City Council will consider this week whether to create a homebuyer assistance program for city employees.

The council will meet at 5 p.m. Thursday, Oct. 6, for a workshop before the regular meeting begins at 6 p.m. in the council chambers at Clearlake City Hall, 14050 Olympic Drive.

The meeting will be broadcast live on the city's YouTube channel or the Lake County PEGTV YouTube Channel. Community members also can participate via Zoom or can attend in person.

The agenda can be found here.

Comments and questions can be submitted in writing for City Council consideration by sending them to City Clerk Melissa Swanson at This email address is being protected from spambots. You need JavaScript enabled to view it..

To give the council adequate time to review your questions and comments, please submit your written comments before 4 p.m. Thursday, Oct. 6.

Each public comment emailed to the city clerk will be read aloud by the mayor or a member of
staff for up to three minutes or will be displayed on a screen. Public comment emails and town hall public comment submissions that are received after the beginning of the meeting will not be included in the record.

The council will meet at 5 p.m. for a workshop to discuss annexation and sphere of influence updates.

During the regular meeting, there will be a swearing-in for the new police sergeant and the presentation of a proclamation declaring October 2022 as Domestic Violence Awareness
Month.

Under business items, the council will discuss and consider a proposal to establish a homebuyer assistance program as a retention and recruitment incentive for city employees.

“One of the most difficult tasks of any organization is the recruitment and retention of high performing and committed employees,” City Manager Alan Flora wrote in his report to the council. “We couldn’t be more pleased with the dedicated staff we have and are constantly analyzing tools or programs to ensure we keep our employees. Home ownership is often a
key factor and incentive for employees staying put. With local access to housing still a challenge, and the cost of homeownership continuing to rise, we would like the Council to consider ways to assist with our employee’s commitment to the City via homeownership.”

Flora is asking the council to consider an incentive amount, requirements that home purchases be within the city and owner-occupied, income limits, requirements for time of employment and ensuring any method is tax free to increase effectiveness.

Also under business, the council will consider appointing Curt Giambruno to the Lake County Vector Control District Board for a term of four years.

On the meeting's consent agenda — items that are considered routine in nature and usually adopted on a single vote — are warrants; minutes of the Aug. 10 Lake County Vector Control District Board; continuation of authorization to implement and utilize teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361; adoption of a resolution appointing the finance director as city treasurer, authorizing signing and endorsing checks, electronic funds transfers, deposits to and withdrawals from operating and investment accounts and authorizing the certification of the names and signatures of the authorized persons to the financial institution(s); and consideration of updated salary range for the Public Works director position and salary schedule.

The council also is scheduled for a closed session to discuss two potential cases of litigation and the city’s ongoing case against the county of Lake and Treasurer-Tax Collector Barbara Ringen.

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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