LAKE COUNTY, Calif. – “February” is named after the Latin term “Februum,” which means purification.

February is the transition between the brilliant constellations of winter and the more subdued constellations of Spring.

In our columns for December and January we discussed the bright showpiece constellations: Taurus the Bull, Auriga the Charioteer, Orion the Hunter, Gemini the Twins, and the hunting dogs Canis Major and Canis Minor.

For February we will explore two much fainter star patterns: Cancer the Crab and Lynx.

Cancer is one of the 12 constellations that comprise the zodiac. Astrology buffs will recognize Cancer as being the fourth sign of the Zodiac. Anyone born between June 22 and July 22 is under this sign.

Cancer is an ancient constellation. In Greek mythology, Cancer represents the crab that bit Hercules on the foot while he was battling the Hydra.

The stars that comprise Cancer are faint, making it hard to see. In the center of Cancer is the Praesepe, or BeeHive star cluster. This is a nice object for a small telescope.

Even fainter than Cancer is Lynx. This is a relatively new constellation created by the 17th century astronomer Johannes Hevelius.

So faint is this constellation he named it Lynx after the expression “Lynx-eyed,” referring to one with exceptional eyesight, which is what is needed to find this constellation.

Our graphic of Lynx shows the degree of imagination needed to create an animal out of this pattern of stars.

To compensate for the faint constellations we have explored in February, there is Jupiter, the fifth planet from the Sun, and the largest planet in our Solar System. Jupiter is the brightest object in the February skies, shining brightly overhead.

Unlike our Earth, which is solid, Jupiter is a giant ball of gas. The gas is about 90 percent hydrogen and 10 percent helium.

Jupiter spins almost twice as fast as does our Earth. Violent storms occur in the upper atmosphere. The rapid rotation makes these storms appear as belts across the planet.

Jupiter has at least 63 moons, the most of any planet.

Through a telescope of any size, Jupiter is a wonderful object to view.

John Zimmerman is a resident of Lake County and has been an amateur astronomer for more than 50 years. For more information about astronomy and local resources, visit his Web site at www.lakecountyskies.com .

The number of seasonal influenza deaths this winter season in California is now nearly double that of last year, state health officials said Friday, with a Lake County resident among the newly confirmed fatal flu cases.

Dr. Ron Chapman, director of the California Department of Public Health (CDPH) and state health officer, announced the number of confirmed influenza related deaths in the state has increased by 56 to a total of 202 confirmed deaths for the season. Four of the 202 are pediatric deaths.

There are an additional 41 deaths under investigation, not yet confirmed, according to Chapman.

Amongst the latest deaths to be confirmed as flu-related was one death in Lake County, Chapman's office reported.

Additional information about the local person who died was not released by CDPH. However, information from the agency's reports indicated the Lake County flu victim was not among the pediatric victims, and was an adult under age 65.

The 202 confirmed influenza-associated deaths this season have been reported by the following jurisdictions: Alameda (5), Contra Costa (5), El Dorado (2), Fresno (15), Glenn (1), Humboldt (1), Imperial (1), Kern (8), Kings (3), Lake (1), Lassen (1), Long Beach (3), Los Angeles (26), Madera (2), Marin (2), Mendocino (2), Merced (4), Monterey (2), Nevada (1), Orange (8), Riverside (6), Sacramento (21), San Bernardino (15), San Diego (17), San Francisco (3), San Joaquin (6), San Luis Obispo (1), San Mateo (4), Santa Barbara (2), Santa Clara (10), Santa Cruz (1), Shasta (1), Siskiyou (2), Solano (1), Sonoma (4), Stanislaus (12), Tulare (1), Tuolumne (1) and  Ventura (1).

The total number of deaths reported for the entire 2012-13 influenza season was 106.

Those at highest risk – the elderly, pregnant women, infants, or those with other health conditions – who show flu symptoms should contact their physician immediately in order to get the most effective treatment.

Symptoms include fever, cough, sore throat, runny or stuffy nose, muscle or body aches, headaches and fatigue.

Throughout the flu system state and local health officials have continued to urge people to be vaccinated in an effort to stop the spread of flu and keep themselves safe. There is no widespread shortage of antivirals for treatment.

For information on local flu vaccinations, call Lake County Public Health at 800-794-9291 or 707-263-1090, or visit the agency online at http://health.co.lake.ca.us/ .

LAKEPORT, Calif. – A vehicle stop conducted Thursday afternoon has resulted in two arrests and the seizure of over an ounce of methamphetamine.

Michael Brandon Jaco, 24, of Kelseyville and 28-year-old Ashley Nicole Saxon of Clearlake were arrested after the stop, according to Lt. Steve Brooks of the Lake County Sheriff's Office.

At 3:50 p.m. Thursday a member of the Sheriff’s Narcotics Task Force was traveling northbound on Main Street in Lakeport when he noticed ahead of him a burgundy colored sedan which had a defective left brake and turn signal light, Brooks said.

He said the detective conducted an enforcement stop of the vehicle in the area of 15th and Main streets in Lakeport.

The detective approached the vehicle on the passenger side and contacted the front passenger, who was identified as Saxon. Brooks said the detective recognized Saxon from prior contacts due to her history of using and selling methamphetamine.

Central Dispatch conducted a records check of Saxon and advised she was on searchable probation, which Saxon also confirmed, Brooks said.

Brooks said the detective noticed that Saxon was exhibiting signs of being under the influence of a central nervous system stimulant. She admitted to smoking methamphetamine the day before at approximately 10 a.m.

The detective administered a series of tests to determine if Saxon was under the influence, which she failed, Brooks said.

Saxon was arrested for being under the influence of a controlled substance. Brooks said the narcotics detective conducted a search of Saxon and placed her in the back of a patrol vehicle.

The detective contacted the driver, Jaco, who said he was unable to provide a driver's license due to it being suspended. Brooks said Jaco also admitted to having a methamphetamine pipe concealed between his seat and the center console, which was located and seized as evidence.

Brooks said the detective noticed Jaco was exhibiting signs of being under the influence of a central nervous system stimulant.

Jaco admitted to smoking methamphetamine three days prior to the enforcement stop, Brooks said. The detective administered a series of tests to determine if Jaco was under the influence, which Jaco also failed.

Jaco was arrested for being under the influence of a controlled substance, possession of controlled substance paraphernalia and for driving with a suspended license, Brooks said.

While speaking with Jaco, narcotics detectives noticed Saxon was moving her body around excessively in the patrol vehicle, according to Brooks. When detectives looked into the vehicle they saw Saxon trying to push a plastic bag under the security cage with her feet.

Brooks said Saxon was removed from the vehicle and the plastic bag was retrieved. Inside the bag was a white crystalline substance, which was immediately recognized as being methamphetamine.

Saxon, who has a history of concealing controlled substances on or within her person, adamantly denied ownership of the methamphetamine. Brooks said detectives believe she had it concealed on her, in an area where a female deputy would be required to search.

Saxon was also arrested for possession of a controlled substance for sale, transportation of a controlled substance and for concealing evidence, according to Brooks.

Brook said both Saxon and Jaco were transported to the Lake County Hill Road Correctional Facility and booked.

The methamphetamine was weighed and determined to have a gross weight of 35.9 grams or 1.27 ounces. The street value of the seized methamphetamine is approximately $3,600, Brooks said.

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

LAKE COUNTY, Calif. – Snow in Lake County is such a rare commodity that, for some people it can create a sort of euphoria.

Snowfall in Lake County usually only occurs once or twice a season at the lower elevations. But with Cobb Mountain, at an elevation of 4,721 feet – along with other high points in Lake County such as Mt. Konocti at 4, 304 feet and the majestic Snow Mountain at 7, 043 feet – the white, wintry stuff transpires more often.

The crunchy, crispy aspects of walking on a field of fresh fallen snow bring thoughts of, “Snow day!” for students and school teachers alike. Thoughts of hot cocoa, snowmen and solitary walks are all on the “to do” list on a snowy day.

Right before the snow falls, it “prepares” you with its gentleness and quiet. Then, it's as though the heavens were a great flour mill dusting all below with its white stuff.

Varieties of snow are numerous: thin-crusted, dry and feathery, wet, hard-packed, or fluffy and wooly.

The type of snow cover which occurs during any given weather event is said to by determined by the particular variety of snow crystals it contains.

Once the unique snow crystals descend to earth, they begin to metamorphous into ice granules, and the type of crystal falling is what establishes the way the snow collects, or drifts on the ground.

The recent snowfall was of a “lighter” or less “wet” variety of precipitation than that which occurred here a few years back.

Then, a walk in the woods appeared as a disaster zone, with violently jagged tree limbs pointing askew, looking deeply wounded and exposed.

The very noise the heavy snow-pack provoked upon the woods was an assault on the senses: crack!

There went another tree-sized limb, seemingly one after the other. It wreaked havoc not only visually, but made for hazardous driving conditions and mounds of cleanup efforts.

Most likely, there was more than one bird or squirrel nest (drey) obliterated as a result of the prior storm's damage.

In nature, many creatures can be affected by snow, depending on the depth and duration of flakes.

It only takes about an inch of snow to conceal a mouse from a hunter like a hawk. Seed-feeding birds have difficulty obtaining enough nourishment during an extended snow cover, while a deep snow of over six inches creates difficulty for deer to escape, say , a bobcat.

A bobcat is a very capable hunter in most any weather, hunting rabbits and rodents, and even eats insects.

Snow can have a positive effect on nature's small critters. According to Stoke's Nature Guide, snow hides insects from birds and other predators, thereby increasing the insect population.

Although any form of precipitation is welcomed during this extended drought period, the recent snow fall did little to restore the coffers.

For some great water-saving tips, see Hidden Valley Lake's Community Services District Web site:
http://www.hiddenvalleylakecsd.com/watertip.htm .

Kathleen Scavone, M.A., is an educator, potter, writer and author of “Anderson Marsh State Historic Park: A Walking History, Prehistory, Flora, and Fauna Tour of a California State Park” and “Native Americans of Lake County.” She also writes for NASA and JPL as one of their “Solar System Ambassadors.” She was selected “Lake County Teacher of the Year, 1998-99” by the Lake County Office of Education, and chosen as one of 10 state finalists the same year by the California Department of Education.

LAKE COUNTY, Calif. – The Lake County Child Care Planning Council and many other Lake County agencies, organizations and individuals, are uniting once again to honor Early Childhood Educators through the sixth-annual ECE Award program.  

Each year, the event grows, as award-winners and nominees are honored by local dignitaries and leaders in the field.

“Early Childhood Educators contribute significantly to our communities. Quality early childhood education dramatically impacts high school graduation rates, keeps our communities working, and helps Lake County develop productive, effective citizens of the future,” said Shelly Mascari of the Lake County Child Care Planning Council.  

“Many of these educators have dedicated decades to their profession; their education in many cases equals that of the K-12 educator; and yet we were lacking a forum to recognize excellence in their field. The goal of the Early Childhood Educator award program is to do just that,” Mascari said.

Nomination forms are being distributed widely throughout the county through Lake County Office of Education and child care programs, and an online submission form is available to make nominating a professional as convenient as possible.

Winners will be selected based on a detailed interview and evaluation process that considers their education, commitment to their profession and effectiveness in their role as educators.

All nominees will be honored at the May 2 awards event and category awardees will receive a package that includes scholarships to our local community colleges, classroom materials, press recognition, award plaques and more.  

Awards will be presented in the following categories:

• Provider of the Year (Family Child Care);
• Provider of the Year (Infant/Toddler-Center Based);
• Provider of the Year (Preschool-Center Based);
• Provider of the Year (After School-Center Based);
• Outstanding Special Needs Inclusion;
• Leading the Field.

To nominate a child care provider, visit www.lakecountychildcareplanning.com .  

Nomination forms are available in English and Spanish and must be received by March 28.

Paper forms and fliers also are available by calling 707-262-4162.

To find out how to be involved in this program or support this important work financially, contact the Lake County Child Care Planning Council, 707-262-4162, www.lakecountychildcareplanning.com .

LAKE COUNTY, Calif. – A series of moist Pacific storm systems will bring rain and snow to Northern California through the entire weekend.

Light rain began Wednesday and became heavier Thursday as the first and coldest storm moved into the area.

The rain tapered off to showers Thursday afternoon but it will start up again on Friday.

Computer models forecast the heaviest precipitation Friday evening and Saturday evening.

However rain will fall consistently from Friday to Monday morning if the models are correct.

Expect 3 to 6 inches of total precipitation across Lake County by the time the storms end Monday morning.

Snow levels were as low as 2,000 feet in the Shasta mountains, Coastal range and in the Sierra Nevada Thursday morning.

Snow was indicated by Doppler radar Thursday morning over the mountains of northeastern Lake County with a snow level of about 2,000 feet.

A Winter Weather Advisory is in effect Friday afternoon to Saturday evening for northern Lake County that covers the Mendocino National Forest/Snow Mountain Wilderness areas above 4,000 feet.

The storms have enough moisture to produce three to six inches of snow with the heaviest snow expected Friday night.

The weekend storms will be relatively warm compared to Thursday’s cold air and the snow level will rise to 5,000 feet on Friday and 6,000 feet through Saturday evening.

Winds will blow from the south 10 to 20 miles per hour through the weekend with gusts up to 30 miles per hour possible.

Here are some 24-hour precipitation totals from automated reporting stations as of 10 a.m. Thursday:

• 0.96” – Whispering Pines near Middletown (2,700 feet);
• 0.73” – Konocti (2,163 feet);
• 0.60” – Lakeport (1,390 feet);
• 0.54” – Cache Creek (1,463 feet);
• 0.49” – Indian Valley Reservoir (1,502 feet);
• 0.25” – Bartlett Springs near Lucerne (2,060 feet).

Weekend temperature forecast around Clear Lake:

• Friday lows: 32-42, highs: 44-54;
• Saturday lows: 37-45, highs: 49-56;
• Sunday lows: 41-49, highs: 52-59.

Lakeport     low / high / weather

Friday           33/51 / Rain
Saturday      38/54  /  Rain
Sunday        41/56  / Rain
Monday        39/61 /  Partly Cloudy
Tuesday       36/60  / Partly Cloudy
Wednesday  36/59 /  20% Chance

Next week temperatures look slightly warmer than the seasonal averages with lows in the middle 30s to upper 40s and highs in the middle 50s to middle 60s.

Monday afternoon and Tuesday look dry.

Expect wet weather again Wednesday morning and Thursday with Wednesday’s storm being be the wetter of the two.

Scott Mace is a meteorologist and contributor to Lake County News.

LAKE COUNTY, Calif. – Eight dogs are waiting for new homes this week at Lake County Animal Care and Control.

The dogs include mixes of shepherd, Labrador retriever, mastiff, pit bull, American Bulldog and Chihuahua and range in age from 8 months to 8 years.

Dogs that are adopted from Lake County Animal Care and Control are either neutered or spayed, microchipped and, if old enough, given a rabies shot and county license before being released to their new owner. License fees do not apply to residents of the cities of Lakeport or Clearlake.

If you're looking for a new companion, visit the shelter. There are many great pets hoping you'll choose them.

In addition to the animals featured here, all adoptable animals in Lake County can be seen here: http://bit.ly/Z6xHMb .

The following dogs at the Lake County Animal Care and Control shelter have been cleared for adoption (additional dogs on the animal control Web site not listed are still “on hold”).

Chihuahua mix

This female Chihuahua mix is 4 years old.

She has a short black and tan coat, and weighs 9 pounds. Shelter staff did not report if she had been spayed.

Find her in kennel No. 4, ID No. 38980.

'Hunter'

“Hunter” is a 10-month-old Australian Shepherd-terrier mix.

He has a short brown and white coat, and has been neutered.

He's in kennel No. 6, ID No. 38981.

'Max'

“Max” is a a 3-year-old male Chihuahua mix.

He's got a short tan coat and perky ears. Shelter staff did not report if he has been neutered.

Find him in kennel No. 7, ID No. 38940.

'Frost'

“Frost” is a 2-year-old Labrador Retriever mix.

He's got a short black coat with white markings, weighs 64 pounds and has not been neutered.

Find him in kennel No. 10, ID No. 38690.

Shepherd-border collie mix

This male shepherd-border collie mix is 8 years old.

He has a medium-length black coat with white markings, and has not yet been altered.

Find him in kennel No. 14, ID No. 39030.

Labrador Retriever-pit bull terrier

This female Labrador Retriever-pit bull terrier is 1 year old.

She is pregnant, weighs 50 pounds and has a short gray and white coat.

Find her in kennel No. 16, ID No. 38939.

'Joey'

“Joey” is a 3-year-old male mastiff-American Bulldog mix.

He has a short brown brindle and white coat, weighs almost 70 pounds and has been neutered.

Shelter staff said Joey is available for a low adoption fee.

He's very friendly and housebroken, gets along with female dogs but would need to be tested with other males.

Find Joey in kennel No. 29, ID No. 38803.

Pit bull terrier mix

This male pit bull terrier mix is 2 years old.

He has a short black and white coat, weighs 67 pounds and has not yet been neutered.

He's in kennel No. 30, ID No. 38943.

Male shepherd mix

This male shepherd mix is 8 months old.

He has a short black and tan coat, and has not yet been neutered.

Find him in kennel No. 32, ID No. 38962.

To fill out an adoption application online visit http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control/Adopt/Dog___Cat_Adoption_Application.htm .

Lake County Animal Care and Control is located at 4949 Helbush in Lakeport, next to the Hill Road Correctional Facility.

Office hours are Monday through Friday, 8 a.m. to 5 p.m., and 1 p.m. to 3 p.m., Saturday. The shelter is open from 10:30 a.m. to 4:30 p.m. Monday through Friday and on Saturday from 1 p.m. to 3 p.m.

Visit the shelter online at http://www.co.lake.ca.us/Government/Directory/Animal_Care_And_Control.htm .

For more information call Lake County Animal Care and Control at 707-263-0278.

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.

California is supposed to be the Golden State. Make that golden brown.

The entire West Coast of the United States is changing color as the deepest drought in more than a century unfolds.

According to the US Department of Agriculture and the National Oceanic and Atmospheric Administration, dry conditions have become extreme across more than 62 percent of California’s land area – and there is little relief in sight.

“Up and down California, from Oregon to Mexico, it's dry as a bone,” said Jet Propulsion Lab climatologst Bill Patzert. “To make matters worse, the snowpack in the water-storing Sierras is less than 20 percent of normal for this time of the year.”

The drought is so bad, NASA satellites can see it from space.

On Jan. 18 – just one day after California Gov. Jerry Brown declared a state of emergency – NASA’s Terra satellite snapped a sobering picture of the Sierra Nevada mountain range.

Where thousands of square miles of white snowpack should have been, there was just bare dirt and rock.

At the Jet Propulsion Lab, a group of researchers led by Tom Painter are preparing to fly a Twin Otter aircraft over the Sierras to investigate the situation.

Their “Airborne Snow Observatory” is equipped with a laser radar and a spectrometer to measure the snow’s depth and reflectivity.

From these data, it is possible to calculate the water content of the Sierras within 5 percent and future snowmelt rates with similar precision.

“The Airborne Snow Observatory was designed for times like this when we really need to know the state of the snow pack,” said Painter. “Our next flight will be over the Tuolumne River Basin.”

The Tuolumne watershed and its Hetch Hetchy Reservoir are the primary water supply for 2.6 million San Francisco Bay Area residents.

The change in scenery is so striking, a group of high school science students in central California have been flying high altitude balloons to photograph it.

From the stratosphere, their home town of Bishop looks like a settlement on the planet Mars.

“The lack of snow is really striking,” said 17-year-old Amelia Koske-Phillips, president of the Earth to Sky Calculus science club.

“I've never seen a winter as brown as this,” added 16-year old Carson Reid, a member of the launch team.

Bill Patzert blames the drought, in part, on the Pacific Decadal Oscillation, or “PDO,” a slowly oscillating pattern of sea surface temperatures in the Pacific Ocean.

At the moment, the PDO is in its negative phase – a condition historically linked to extreme high-pressure ridges that block West Coast storms and give the Midwest and East Coast punishing winters.

“I’m often asked if this is part of global warming,” said Patzert. “My answer is ‘not yet.’ What we’re experiencing now is a natural variability that we’ve seen many times in the past. Ultimately, though, climate change could make western droughts much worse.”

Dr. Tony Phillips works for the National Aeronautics and Space Administration.

LAKEPORT, Calif. – Do you want to finish your bachelor's degree? Do you need help answering financial aid questions specific to “four year” institutions? Are you a veteran and wondering what educational benefits are available to you?

Marymount California University Lakeside Campus staff will offer informational meetings to help answer those questions.

One presentation will take place in the Round Room at the Mendocino College Lake Center, 2565 Parallel Drive in Lakeport, from 5 to 7 p.m. Tuesday, Feb. 11, with a second at Lakeport library, 1425 N. High Streeet Wednesday, Feb. 12 from 5 to 7 p.m..

For those who can’t attend right at 5 p.m., the presentation will be offered a second time after staff have answered attendees' questions.

Marymount California University Lakeside staff will be at both locations to answer your questions and they're looking forward to meeting community members.

The university is opening its new Lakeside Campus in the historic Lucerne Hotel.

Enrollment for the fall semester is now open.

Students may select courses leading to a bachelor’s degree or master’s degree.

The undergraduate programs include a bachelor of arts in business or a liberal arts bachelor’s degree with an emphasis in business and psychology.

Graduate programs include a master of science in community psychology, a master of science in leadership and global development or a master of business administration.

Prospective students should plan on attending the workshops Feb. 11 or 12, or contact the university at This email address is being protected from spambots. You need JavaScript enabled to view it. or 1-888-991-LAKE (5253).

For more about Marymount California University, visit http://www.marymountcalifornia.edu/ .

A team of Lawrence Livermore National Laboratory scientists are using mini-satellites that work as “space cops” to help control traffic in space.

The scientists used a series of six images over a 60-hour period taken from a ground-based satellite to prove that it is possible to refine the orbit of another satellite in low earth orbit.

“Eventually our satellite will be orbiting and making the same sort of observations to help prevent satellite on satellite collisions in space,” said Lance Simms, lead author of a paper appearing in an upcoming edition of the journal, Small Satellites.

Collisions in space of satellites and space debris have become increasingly problematic.

To help satellite operators prevent collisions in space, the Space-Based Telescopes for Actionable Refinement of Ephemeris (STARE) mission, which will consist of a constellation of nano-satellites in low earth orbit, intends to refine orbits of satellites and space debris to less than 100 meters.

STARE is an ongoing LLNL project led by Wim de Vries, with Vincent Riot as lead engineer.

Using the ground-based satellite, the Livermore team refined the orbit of the satellite NORAD 27006, based on the first four observations made within the initial 24 hours, and predicted NORAD's trajectory to within less than 50 meters over the following 36 hours.

By refining the trajectory of the ground-based satellite, the team believes they will be able to use that information to refine the orbit of a satellite in space and prevent a collision.

The tools and analysis used to capture the images of NORAD 27006 and refine its orbit are the same ones that will be used during the STARE mission.

“This leads credence to the capability of STARE to accomplish its mission objectives,” De Vries said.

Accurately predicting the location of a satellite in low earth orbit at any given time is difficult mainly because of the uncertainty in the quantities needed for the equations of motion.

Atmospheric drag, for instance, is a function of the shape and mass of the satellite as well as the density and composition of the unstable atmosphere.

These uncertainties and the incompleteness of the equations of motion lead to a quickly growing error in the position and velocity of any satellite being tracked in low earth orbit.

To account for these errors, the Space Surveillance Network (SSN) must repeatedly observe the set of nearly 20,000 objects it tracks; however, positional uncertainty of an object is about 1 kilometer. This lack of precision leads to approximately 10,000 false alarms per expected collision.

With these large uncertainties and high false alarm rates, satellite operators are rarely motivated to move their assets after a collision warning is issued.

The STARE mission aims to reduce the 1 kilometer uncertainty down to 100 meters or smaller, which will in turn reduce the number of false alarms by roughly two orders of magnitude, Riot said.

In the case of the Livermore team, they were able to reduce the uncertainty to 50 meters, well below the 100-meter goal.

Other Livermore researchers include Don Phillon, Brian Bauman and Darrell Carter. The work is funded by the Laboratory Directed Research and Development (LDRD) program.

Should a beneficiary with an addiction to drugs, alcohol and/or gambling receive an outright inheritance?

In most cases the answer is clearly, “no.” Doing so would likely enable the self-destructive addiction.

Instead, holding the inheritance in further trust, managed by a responsible trustee, may prove more beneficial.

For discussion purposes, let’s consider some basic questions regarding how the trust might work.

How long is an ongoing trust?

An ongoing trust may last for years up to the entire lifetime of one or more beneficiaries. It may be terminated when the beneficiary is rehabilitated, dies or the trust is no longer feasible to maintain.

When is the trust established?

Usually the trust is established at death of a parent, spouse or other relative wishing to leave an inheritance. Alternatively, they may establish the trust during their lifetime.

The trust might then be available to receive contributions from other caring people who wish to make responsible gifts to the same beneficiary.

Would the trust distribute money to the beneficiary?

Preferably no distributions of money are made to a beneficiary while still an addict. At most a minimal cash allowance might be allowed as pocket money; even pocket money should be at the trustee’s discretion or on condition that the beneficiary not abuse the allowance.

How would the beneficiary be assisted?

Depending on the terms of the trust, the trustee might be allowed to use the assets in the following ways: (1) To help rehabilitate the beneficiary through counseling or a rehabilitation program; (2) to make direct payments to third parties in furtherance of the beneficiary’s health, education, maintenance or support; and (3) to pay for travel, recreation and entertainment.

Would there ever be any distributions to the beneficiary?

If and when the beneficiary proves to be rehabilitated for a sufficient time period, typically six consecutive months, then direct distributions to the beneficiary, including perhaps monetary distributions, could either be allowed, at the trustee’s discretion, or else required.

Otherwise, until then, only direct support payments to providers and non cash assets, like furniture and furnishings, would be allowed.

How would the trustee evaluate a beneficiary’s addiction?

The trust would require the beneficiary both to take drug and/or alcohol tests and to sign all legal waivers needed to by trustee to receive confidential information. Failure to cooperate would be a bar to receiving distributions.

Who should manage the trust distributions?

The trustee needs to be someone who can say “no” to the beneficiary and who can do what is right. Often family members either do not want to serve or are not well suited to serve. Thus, provided sufficient resources, a professional private fiduciary or a bank can be utilized.

When is this feasible?  

The trust needs to have the resources to afford professional management and to assist the beneficiary. Typically this means liquid assets worth above $100.

What control does the family have when a third party acts as trustee?

The trust may allow for a family member to act either as a trust advisor or as a trust protector.

A trust advisor is someone whom the trustee either may or must consult regarding distributions. A trust protector is someone who has the power to remove and replace a trustee, often without cause.

A trust protector is not involved with daily management but oversees the trustee’s performance with regards to asset management and beneficiary distributions.

People with addictions cannot control certain impulses. For this reason it is important that any inheritance left to them be given with safeguards.

Naturally, before reaching any conclusion regarding any particular person’s own estate planning, consult with a qualified estate planning attorney.

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 This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235. Visit his Web site at www.dennisfordhamlaw.com .

LAKE COUNTY, Calif. – On Friday Cal Fire's Sonoma-Lake-Napa Unit will temporarily lift the burn suspension within the state responsibility area in Sonoma, Lake, Napa and portions of Colusa, Solano and Yolo counties.

The temporary lifting of the suspension also includes the unincorporated areas of Napa County protected by Cal Fire/Napa County Fire.

“The recent rainfall has increased fuel moisture conditions in our area, which supports lifting of the burn suspension,” said Unit Chief Eric Hoffman.

The burn suspension may be reinstated, if needed, due to current drought conditions, which will increase hazardous fire conditions.

Property owners interested in conducting open burning are required to check with their local fire agency and air pollution district to ensure they meet all fire and air pollution permit requirements, prior to burning.  

With the cooler moist temperatures department personnel encourage property owners to continue their outdoor housekeeping of providing proper clearance – 100 feet of defensible space – around their structures.  

Actions to maintain or create a defensible space include:

• Maintain 100 feet of defensible space;
• Remove all dead plants, grasses or weeds from within 30 feet of structure;
• Trim trees 6 feet from the ground;
• Remove all leaves, pine needles and debris from roofs;
• Create an evacuation plan – practice the plan with your family.

For more information about fire safety or prescribed fire and its benefits visit the Cal Fire Web site, www.fire.ca.gov , or call your local Cal Fire facility.