MIDDLETOWN, Calif. — The Middletown Area Merchants Association warmly invites the community to the 35th annual Christmas in Middletown event.
The festivities will be held on Saturday, Dec. 9, from 4 to 8 p.m.
Since 1988 the town Christmas festival has been growing and evolving. Starting as a vendor craft fair, it grew to include our storefront merchants, community service groups, food vendors, fundraising youth groups and more.
This year’s schedule of events includes the following:
4:30 to 6 p.m.: Santa will be at Middletown Mail and More for children and photo opportunities.
5:30 p.m.: Christmas tree lighting ceremony.
5:30 to 7 p.m.: Children’s activities at the library in the community room.
7:30 p.m.: Posada pinata breaking at the Middletown Art Center
This year the event will feature:
• Food court in central downtown • Vendors. • Passport to Fun Game with prizes for the lucky winners. • Car show at the town park. • Posada singing procession throughout the event sponsored by Middletown Art Center. • Street decorated with donated Christmas trees with decorations made by local school children that will be given to local families in need. • Maker’s Faire at Middletown Art Center. • Businesses will be open into the evening. • South Lake County Fire District’s Candy Can Run.
The Middletown Area Merchants Association sponsors this event.
“We are hoping for community and business support to decorate the town in a festive spirit. This is a great way to keep your dollars local and to explore all this sweet town has to offer,” the association said.
This annual event is always the second Saturday in December, rain or shine.
They always need volunteers to make this a successful event for all. Contact the association at This email address is being protected from spambots. You need JavaScript enabled to view it..
Artist’s concept of exoplanet LTT 1445ac. Courtesy image. The NASA/ESA Hubble Space Telescope has measured the size of the nearest Earth-sized exoplanet that passes across the face of a neighboring star.
This alignment, called a transit, opens the door to follow-on studies to see what kind of atmosphere, if any, the rocky world might have.
The diminutive planet, LTT 1445Ac, was first discovered by NASA’s Transiting Exoplanet Survey Satellite in 2022.
But the geometry of the planet’s orbital plane relative to its star as seen from Earth was uncertain because TESS does not have the required optical resolution.
This means the detection could have been a so-called grazing transit, where a planet only skims across a small portion of the parent star’s disk. This would yield an inaccurate lower limit of the planet’s diameter.
“There was a chance that this system has an unlucky geometry and if that’s the case, we wouldn’t measure the right size. But with Hubble’s capabilities we nailed its diameter,” said Emily Pass of the Harvard-Smithsonian Center for Astrophysics in Cambridge, Massachusetts.
Hubble observations show that the planet makes a normal transit fully across the star’s disk, yielding a true size of only 1.07 times Earth’s diameter. This means the planet is a rocky world, like Earth, with approximately the same surface gravity. But at a surface temperature of roughly 260 degrees Celsius, it is too hot for life as we know it.
The planet orbits the star LTT 1445A, which is part of a triple system of three red dwarf stars that is 22 light-years away in the constellation Eridanus.
The star has two other reported planets that are larger than LTT 1445Ac. A tight pair of two other dwarf stars, LTT 1445B and C, lies about 4.7 billion kilometers away from LTT 1445A, also resolved by Hubble.
The alignment of the three stars and the edge-on orbit of the BC pair suggests that everything in the system is coplanar, including the known planets.
“Transiting planets are exciting since we can characterize their atmospheres with spectroscopy, not only with Hubble but also with the James Webb Space Telescope. Our measurement is important because it tells us that this is likely a very nearby terrestrial planet. We are looking forward to follow-on observations that will allow us to better understand the diversity of planets around other stars,” said Pass.
"Hubble remains a key player in our characterisation of exoplanets", added Professor Laura Kreidberg of the Max Planck Institute for Astronomy in Heidelberg (who was not part of this study). "There are precious few terrestrial planets that are close enough for us to learn about their atmospheres — at just 22 light years away, LTT 1445Ac is right next door in galactic terms, so it’s one of the best planets in the sky to follow up and learn about its atmospheric properties."
The Hubble Space Telescope is a project of international cooperation between ESA and NASA.
Portland, Maine, officials ordered that a park be cleared on Sept. 28, 2022, of people who were homeless and that any trash be removed before a visit by a candidate for governor. AP Photo/Robert F. Bukaty
Homelessness is a state of deprivation. Those who are homeless need shelter to be safe; they don’t have it. They need a toilet for basic bodily functions; they don’t have one. They need a shower to keep clean; they don’t have that, either.
Because such deprivation dramatically affects the well-being of people who are homeless, public discussion of homelessness tends to focus on whether and to what extent the government should carry out anti-homelessness policy as a way of improvingpeople’s overallquality of life.
These theorists insist a society that cherishes freedom – such as the U.S. – must implement anti-homelessness policy as a way of liberating people who lack housing.
Because the number of people experiencing homelessness continues to rise at a record rate, these academic ideas have become increasingly relevant to the real world. I am a philosopher interested in exploring the moral dimensions of homelessness, as well as shining a light on underdiscussedaspects of it. I believe that public debate would benefit greatly from increased attention to the ways homelessness limits Americans’ freedom.
Freedom to be somewhere
Since homelessness is usually discussed in terms of deprivation, the claim that homelessness has much to do with freedom can seem surprising.
Freedom is commonly understood as the ability to do what one chooses without being interfered with. My freedom is limited if you lock me in a cell or place a boulder on the street I want to drive down.
Homelessness, on the other hand, seems at first glance like a condition in which a person is mostly able to do as they choose, albeit without important resources that would make their life better.
Los Angeles Police officers stand by a newly installed fence after moving on March 26, 2021, to evict residents of a large homeless encampment in Echo Park.AP Photo/Damian Dovarganes
The philosopher and legal theorist Jeremy Waldron sees things differently. Waldron says that private property often serves to interfere with people’s choices. If a person wants to walk in New York City from midtown Manhattan to Harlem, others’ property interferes with their ability to choose the most direct route. If a person wants to see a particular Andy Warhol painting, the fact that it is kept at a private residence interferes with their ability to choose to view it.
In itself, this isn’t a problem, as no one should be free to go anywhere and do anything they want. The trouble, says Waldron, comes when a person who is homeless does not have private property that they are able to occupy, free from interference. In such instances, the person will be confined to public spaces, such as sidewalks and parks.
But public spaces themselves are highly regulated through local ordinances, limiting who may use them and for what purposes.
Now you can see why some think that homelessness compromises a person’s freedom. Sleeping and relieving oneself are necessary, life-sustaining tasks.
But as Waldron points out, “Everything that is done has to be done somewhere. No one is free to perform an action unless there is somewhere he is free to perform it.”
Given the way society protects private property and regulates public spaces, it seems that people who are homeless are left with no space at all in which they are free to do the things they need to do in order to live. This is about as severe an infringement on freedom as you can imagine, and Waldron’s point is that a society that loves freedom simply cannot tolerate it.
Anti-homelessness is not just about benevolence and generosity, then. It is about protecting liberty.
Of course, people who are homeless do sleep and relieve themselves. So, in what sense do they actually lack the freedom to do so?
The political philosopher Christopher Essert argues that Waldron’s analysis should be taken one step further by considering its implications for interpersonal relations.
Since a person who is homeless has nowhere to freely perform life-sustaining tasks, typically they will either seek permission from someone to use their property, use the property and hope to not be noticed or, at worst, seek forgiveness. Either way, they depend upon the grace of another in order to do the things they need to do.
This puts people who are homeless at the mercy of those who have property.
Whether a homeless person has a place to sleep or whether they are arrested for sleeping somewhere without permission is completely determined by the wishes of others. Keesha might sleep on Felix’s couch for a few nights. But as soon as Felix is in a bad mood, he can throw her out. Or Felix might make access to his couch conditional upon her attending church services, supporting his preferred political candidate or performing sexual acts. What she does and does not do is now up to Felix.
Essert connects this set of observations to what is called a “republican” conception of freedom. This way of understanding freedom is less about whether a person is actually interfered with and more about the way they are placed under the arbitrary power of another.
The intuitive idea is that if someone else always has the power to determine your choices, then you aren’t free. Since a homeless person is always on property over which someone else has authority, they are always, writes Essert, “under the power of others, dependent on them, dominated by them, unfree.”
In the U.S. especially, arguments that appeal to freedom are taken very seriously. Even those who insist that it is not the government’s job to ensure everyone a good quality of life believe that it must ensure freedom. Even those whose ears close when they hear calls for charity and beneficence seem to pay attention when freedom is at stake.
By proposing this way of seeing the life of someone who is homeless, then, philosophers have raised the possibility that allowing homelessness to persist contradicts values that are, at heart, fundamentally American.
“Smiley.” Photo courtesy of Clearlake Animal Control.
CLEARLAKE, Calif. — Clearlake Animal Control has a variety of dogs waiting for their new homes.
The Clearlake Animal Control website lists 45 adoptable dogs.
They include “Smiley,” a male pit bull terrier mix with a gray and white coat.
“Monkey.” Photo courtesy of Clearlake Animal Control. Also available for adoption is “Monkey,” a 1-year-old female pit bull mix.
The shelter is located at 6820 Old Highway 53. It’s open from 9 a.m. to 6 p.m. Tuesday through Saturday.
For more information, call the shelter at 707-762-6227, email This email address is being protected from spambots. You need JavaScript enabled to view it., visit Clearlake Animal Control on Facebook or on the city’s website.
This week’s adoptable dogs are featured below.
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.
The Konocti Fire Safe Council. From left to right: Alma Perez, Phil Hartley, Cathy Sylar, Cindy Jassar, Kathy Andre, Bill Groody, John Nowell and Leah Sautelet. Courtesy photo. LAKE COUNTY, Calif. — The Lake County Sheriff's Office of Emergency Services, or OES, extends its gratitude to partners who embody our mission, which is dedicated to strengthening Lake County's ability to withstand disasters.
While OES serves as the lead emergency management agency for the county, achieving our mission would be unattainable without the proactive collaboration of both the public and private sectors, as well as the collective efforts of individuals and county employees.
Resilience is a core aspect of the OES mission, encompassing a comprehensive approach to emergency management, or EM.
This approach covers all types of hazards and emphasizes the crucial phases of mitigation, preparation/planning, response, and recovery.
Throughout the county, numerous agencies and individuals are unwavering in their commitment to one or more of these EM phases.
“As we reflect on the past year, we would like to highlight the exceptional partners who have exhibited qualities that are not only commendable but also serve as replicable examples to enhance Lake County's resilience,” said Emergency Services Manager Leah Sautelet.
By category, the honorees for 2023 are:
PRIVATE SECTOR | KONOCTI FIRE SAFE COUNCIL
The Konocti Fire Safe Council, a 501c(3) nonprofit corporation established with the aim of enhancing wildfire resilience in Lake County's Soda Bay Road corridor, which is home to approximately 7,800 residents. The council's dedicated efforts are concentrated on preparedness, mitigation, education and evacuation across the eight evacuation zones within their service area. These objectives are achieved through collaborative efforts with the resources provided by four homeowners associations and the Firewise communities in the region.
The Lake County Office of Emergency Services recognizes the importance of their vision, effective coordination, and substantial contributions in the pursuit of creating a more resilient community.
The Habematolel Pomo of Upper Lake. From left to right: Alma Perez, Anthony Arroyo Sr, Leah Sautelet and Michael Marcks (via Zoom). Courtesy photo. PUBLIC SECTOR | HABEMATOLEL POMO OF UPPER LAKE
The Habematolel Pomo of Upper Lake’s primary objective is to serve its tribal members, yet it consistently seizes opportunities to assist the broader community. When necessary, the tribe graciously opens its community center to the public to provide support during events such as warming centers and PSPS relief efforts.
Furthermore, the Habematolel Pomo has generously offered its facilities to Lake County Office of Emergency Services for hosting vital public information sessions and emergency management training sessions.
INDIVIDUAL | BETSY CAWN
Cawn is a highly engaged and dedicated citizen who exemplifies an unwavering commitment to Lake County and its emergency management efforts. She actively participates in various public forums, including Disaster Council meetings and public information sessions, where she contributes her invaluable historical knowledge and insights.
Cawn's contributions are particularly noteworthy in areas that address the unique needs of the aging and access or functional needs populations, showcasing her profound dedication to the betterment of our community.
From left to right, Leah Sautelet, Mireya Turner and Alma Perez. Courtesy photo. COUNTY EMPLOYEE / DSW | MIREYA TURNER
Turner rejoined the County as the Community Development Director in fall 2022. Shortly thereafter, she reached out to OES to initiate a discussion regarding staffing requirements for the Emergency Operations Center, or EOC, and extended her department's assistance to bolster emergency management endeavors.
She also played an active role in supporting the Hazard Mitigation Plan Update process.
Though additional hours and responsibilities might not be everyone's aspiration, Turner embraced her duty as a disaster service worker and proactively immersed herself in the process, all in the pursuit of enhancing Lake County's well-being.
Lake County OES appreciates the dedication of all Lake County residents, visitors, service providers and government entities.
To learn more about what you can do to build Lake County’s resilience to disaster, visit www.lakesheriff.com/about/oes.
Alyssa Arledge. Photo by Tammy Brigham LAKE COUNTY, Calif. — Fourteen-year-old Alyssa Arledge has lived in a wheelchair her entire life.
Born with spina bifida, a condition doctors warned her mother would offer little or no quality of life, Alyssa has defied the odds to become a vibrant, outgoing young woman eager for independence.
The home she lives in with her parents and younger brother, however, provides little opportunity for that.
As she is unable to easily leave the house without assistance, and had difficulty maneuvering her wheelchair around the home, Alyssa’s mother Sarah reached out to Habitat for Humanity Lake County to learn if there was any way they could help.
After a thorough evaluation of the home and discussing Alyssa’s needs with Sarah Arledge, Habitat for Humanity Lake County, as part of their Critical Home Repair Brush of Kindness Program, was happy to be able to come to their aid.
The program provides an array of repairs to low-income households throughout Lake County.
To date, they have assisted more than 300 households with health and safety and accessibility-related repairs In addition to providing qualified families with homeownership opportunities, helping families like the Arledges is one of Habitat for Humanity Lake County’s primary missions and goals.
A new sink was installed to accommodate Alyssa’s wheelchair and the bathtub has been adapted for accessibility.
One interior doorway was widened to provide access to the rear entrance where a handicap ramp was installed to give Alyssa access to the garden she has planted and loves to tend.
Best of all, a wheelchair lift has been installed at the main entrance of the home so that Alyssa can come and go as she pleases without relying on someone else to carry her chair up and down the stairs.
On the day the lift was installed, Habitat staff was present when Alyssa arrived home from school to see it and use it for the first time. The delight on her face as she maneuvered into the lift and rode it up to the front door on her own, without needing the aid of family to do so, was a joy to behold.
“You guys have helped me so much,” Alyssa said to Habitat’s staff. “You were always rushing to help and I am so thankful for all you have done. It has changed my life so much and I will be forever thankful. Thanks to you, I can be more independent and can go outside without needing help. I hope other people find you guys and see how wonderful you are. Knowing you were there to help me makes me very happy.”
Alyssa and her family expressed their ongoing gratitude throughout the entire process. It is that gratitude, and the happiness on Alyssa’s face, that fuels Habitat’s commitment to continuing their efforts in bettering the lives of Lake County’s families.
For a short video of the celebration and unveiling of the lift, or for more information about the work Habitat for Humanity Lake County offers, please visit http://www.lakehabitat.org.
If you or someone you know might benefit from Habitat for Humanity’s home repair services or are in need of housing, please contact the office at 707-994-1100, Extension 108, or stop by and talk with us about your needs and to pick up an application.
Additionally, there is an ongoing need for buildable property and for wheelchair ramps and lifts to assist people like Alyssa.
If you or someone you know are able to help, please contact Habitat for Humanity to discuss how you can help.
Tammy Brigham is administrator for Habitat for Humanity Lake County.
The California Highway Patrol was awarded a federal grant to support its yearlong education and enforcement efforts to help improve pedestrian and bicyclist safety throughout the state.
The Bicycle and Pedestrian Safety, Education, Enforcement, and Awareness Program II, which continues through Sept. 30, 2024, is designed to help educate and enforce traffic safety laws for drivers, bicyclists, and pedestrians.
“Safe streets are built on shared responsibility, where motorists, bicyclists, and pedestrians all play a key role in ensuring each trip ends with a safe arrival,” said CHP Commissioner Sean Duryee. “This grant is an investment in helping improve the safety of California’s most vulnerable roadway users.”
In California, pedestrian and bicyclist fatalities account for 20 percent of all traffic-related deaths in CHP jurisdiction.
Pedestrians and bicyclists make up 1,519 of the 7,559 people killed in crashes between 2020 and 2022 throughout CHP jurisdiction.
In the spirit of sharing the road, the CHP offers the following suggestions:
Drivers
• Adhere to the posted speed limit and exercise caution on busy streets with more bicyclists and pedestrians. • Stay focused on driving and eliminate distraction behind the wheel. • Yield to pedestrians and stop for people walking at marked and unmarked crosswalks. • Show consideration for cyclists by maintaining 3 feet of distance when safely passing them. Change lanes when possible.
Pedestrians
• Stay alert to oncoming vehicles. • Use crosswalks when available, especially at stop signs or signals. Exercise caution when crossing at night or when navigating busier streets with multiple lanes and higher speed limits as visibility may be reduced. • Increase your visibility by wearing light-colored clothing, reflective material, and carrying a flashlight during nighttime or dawn/dusk hours.
Bicyclists
• Ride in the same direction of traffic. Bicyclists must adhere to the same rules and regulations as any slow-moving vehicle. • Employ hand signals and use bike lanes, when accessible. • Wear a helmet and ensure your bike is equipped with lights when riding at night.
Additional specialized enforcement operations will be conducted during the year focusing on areas with higher bicyclist and pedestrian traffic and crashes, and officers will also conduct public awareness campaigns in communities throughout the state.
This grant also funds bicycle safety training and educational presentations to promote safe and courteous traffic safety behaviors by drivers and bicyclists, as well as safety publications, bicycle helmets, reflective gear, and other vital safety equipment.
Funding for this program was provided by the California Office of Traffic Safety through a grant from the National Highway Traffic Safety Administration.
LOWER LAKE, Calif. – The Lower Lake Community Action Group presents its annual holiday event on Sunday, Dec. 3, from 10 a.m. to 3 p.m.
Bring the kids for a day of family fun to the Lower Lake Hometown HoliDaze Street Fair, Main Street of Lower Lake will be transformed to a holiday landscape.
This festive event is loaded with holiday cheer. Come enjoy the many food and craft vendors, get your holiday shopping done early. Merchants will be open.
Children can visit Santa in the community center and share their heart’s desires.
The Brick Hall will be set up for children with a bounce house, face painting, art projects, games and more.
For added fun, there will be a Children’s Holiday Hunt with prizes for all participants, (while supplies last).
“This small-town USA experience will bring you joy,” said the Lower Lake Community Action Group, which is presenting the event.
Join them in Lower Lake, on Sunday, Dec. 3, where you can revel in holiday magic while shopping locally.
Just in time for the Thanksgiving holiday, California State Parks, in partnership with First Partner Jennifer Siebel Newsom and the California Natural Resources Agency, is expanding its popular California State Park Adventure Pass from 19 select state parks to 54.
The pilot program, currently in its third year, allows California fourth graders and fourth-grade teachers free admission to participating parks until Aug. 31, 2024.
In Lake County, both Anderson Marsh State Historic Park and Clear Lake State Park are participating in the program.
The Adventure Pass is one part of the First Partner’s California for All Kids initiative, which seeks to put children and families on a path to a healthier future.
“We launched the California State Park Adventure Pass in 2021 to provide fourth graders and their families with more opportunities to reap the mental, physical, and social-emotional health benefits of time spent outdoors,” said Siebel Newsom. “Now, we’re expanding the Adventure Pass– nearly tripling the number of gorgeous California State Parks and historic sites fourth graders are able to visit and increasing their access to valuable hands-on, experiential learning opportunities in the process. By growing this program, we’re doubling down on our commitment to ensure California kids have access to the resources they need to get the best start in life.”
The California State Park Adventure Pass program, made possible by Assembly Bill 148, was signed by Gov. Gavin Newsom in July 2021.
The pass is valid for the one-year period during which the child is a fourth grader or fourth grade equivalent, from Sept. 1 to Aug. 31 of that year.
Any fourth grader who lives in California is eligible for the California State Park Adventure Pass, no matter how they attend school or how old they are. If they are a fourth grader or fourth-grade equivalent, they qualify.
To date, more than 50,000 passes have been provided to families.
“We are thrilled to expand the California State Park Adventure Pass from 19 to 54 participating state parks, including beaches and historic parks,” said State Parks Director Armando Quintero. “The curriculum being taught in fourth grade about history, natural, and social sciences make providing fourth graders with free state park access a great supplement to the lessons being taught to them in school.”
Obtaining a free pass online is simple.
Have a parent and/or guardian go to ReserveCalifornia.com or call 800-444-7275 (Spanish-speaking customer service available). All they have to do is set up a profile by providing their name, address, phone number and email address, and a free pass will be sent to their email right away.
Individuals who do not have access to a smartphone, computer or printer, and/or do not have an email address, can still request a pass by visiting a State Parks Pass Sales Office — click here for a list of locations — or by calling 800-444-7275.
“Expanding this Adventure Pass is great news for families across the state and another way our State Parks are expanding outdoor access,” said California Natural Resources Secretary Wade Crowfoot. “As the parent of a fourth grader myself, I know how much kids love exploring new places. Now more kids and families will be able to experience a broader range of our natural places across California, helping us achieve the goal of building an Outdoors for All.”
The State of California champions the right of all Californians to have access to recreational opportunities and enjoy the cultural, historic, and natural resources found across the state. Too many Californians cannot access neither public outdoor spaces nor the state’s array of museums, and cultural and historical sites.
The state is prioritizing efforts to expand all Californians’ access to parks, open space, nature and cultural amenities. This priority requires focusing funding and programs to expand opportunities to enjoy these places. Doing so advances Gov. Gavin Newsom’s strong personal commitment to building a “California for All.”
Outdoors for All Pass Programs
In addition to the California State Park Adventure Pass, all Californians can check out a California State Parks Library Pass by using their library cards to access more than 200 participating state park units. The Library Pass program is also available to tribal libraries throughout the state.
Families receiving California Work Opportunity and Responsibility for Kids, or CalWORKs, individuals receiving Supplemental Security Income (SSI), and income-eligible Californians 62 and over can apply for the Golden Bear Pass with their smartphone or other web-based device in just minutes and have access to more than 200 California state park units.
The Golden Bear Pass is also available to participants of California’s Tribal Temporary Assistance for Needy Families, or TANF, program.
Dennis Fordham. Courtesy photo. Under present California trust law, trustees are the only fiduciaries (i.e., legally appointed representatives) with the duty, authority and power to administer a trust’s assets, liabilities and financial and legal affairs.
The trustee’s primary duty is to carry out the terms of the trust for the benefit of the beneficiaries.
Effective Jan. 1, 2024, however, the Uniform Directed Trust Act (“UDTA”) becomes law. The UDTA adds new sections 16600 to 16632 to the Probate Code to allow Directed Trusts to exist in California.
The UDTA allows for an additional type of fiduciary, called a Trust Director, to participate in trust administration.
The directed trust was created in the early 1900’s because wealthy families wanted to make trust investment decisions, instead of the trustee, that the trustee would perform. Under the UDTA, a trustee becomes a directed trustee.
A directed trustee must carry-out the trust director’s decisions within the scope of the trust director’s authority. That is, “[i]n a directed trust, the terms of the trust grant a person other than a trustee a power over some aspect of the trust’s administration.”
The trust director is essentially a trustee in all but name: “A trust director has the same fiduciary duty and liability in the exercise or nonexercised of the power, if the power is held individually, as a sole trustee in a like position and under similar circumstances … .”
The one difference is that the trust director is authorized to direct a trustee to take certain actions.
In fact, the UDTA allows a trust director to have a, ” [p]ower of direction [that] includes a power over the investment, management, or distribution of trust property or other matters of trust administration.”
Thus nothing in the UDTA prevents a trust director from controlling all of the trust administration and making the directed trustee a mere agent of the trust director.
The essence of the UDTA is that it allows for trust directors and directed trustees to have compartmentalized duties, for them not to become liable for what the other is doing, and for the trust director to direct the directed trustee.
Under the UDTA, the directed trustee and the trust director do not have to monitor each other’s performance of their duties, do not have to advise each other and do not have to warn the trust beneficiaries or the settlor who established the trust (if still alive) as to any concerns each may have regarding the decisions that the other is making.
A possible use of UDTA in California might be to appoint a trust director in a special needs trust with authority over all discretionary distributions for the special needs beneficiary.
The directed trustee’s risk of being held liable for complying with an instruction from a trust director is greatly reduced: “A directed trustee shall not comply with a trust director’s exercise or non-exercise of a power of direction … to the extent that, by complying, the trustee would engage in willful misconduct.”
The “willful misconduct threshold is a high standard to meet.
Interestingly, the UDTA allows the directed trust rules to apply to the duties and relationships between co-trustees. That is, co-trustees may be responsible for different areas of the trust administration, the same way as trust directors and directed trustees, and not have to monitor each other.
Again, a trust director is essentially the same as a trustee, so why not allow co-trustees a very similar relationship.
For example, one co-trustee could be responsible for investments and the other co-trustee be responsible for discretionary distributions to beneficiaries.
We do not know all the possible applications of the Directed Trust Act in California. We do know from the use of directed trusts in other states that the trust director’s role usually involves investment decisions, discretionary distribution decisions, and control over special assets that like investments require some special expertise (e.g., managing businesses, artwork, intellectual property, etc.).
The foregoing discussion is not legal advice. Consult a qualified estate planning attorney for guidance.
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.
The California Highway Patrol is enhancing its efforts to help ensure children are safely secured while traveling California’s roadways.
The CHP has partnered with the California Office of Traffic Safety, or OTS, to implement the “California Restraint Safety Education and Training” — CARSEAT for short — campaign, boosted by a $850,000 federal grant.
The yearlong CARSEAT campaign focuses on reducing the number of children injured or killed in traffic crashes throughout California.
To help accomplish this goal, the CHP will host educational seminars, classes, and child safety seat inspections.
These efforts will highlight the importance of child passenger restraint by providing education on the proper installation of child passenger safety seats.
“Ensuring the safety of our youngest passengers begins with a simple but critical act — securing them in properly installed child safety seats,” said CHP Commissioner Sean Duryee. “It is the single most effective way to protect a child in a vehicle crash.”
California law requires a child to be properly restrained in an appropriate child safety seat in the rear seat of a vehicle until they are at least 8 years of age.
Children under 2 years of age should ride in a rear-facing car seat unless the child weighs 40 or more pounds or is 40 or more inches tall.
For more information regarding child passenger safety, child safety seats, and seat belt regulations, please contact your local CHP Area office.
The Clear Lake Area Office can be reached at 707-279-0103.
Funding for this program was provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.
Gov. Gavin Newsom on Wednesday announced the California Highway Patrol is increasing statewide efforts to combat organized retail crime as the annual holiday shopping season begins.
As part of the Governor’s Real Public Safety Plan, the CHP is increasing its law enforcement presence in key retail districts across California and its Organized Retail Crime Task Force, or ORCTF, is increasing enforcement efforts through proactive and confidential law enforcement operations with allied agencies through the holidays — keeping more shoppers, merchants, and retail districts safe.
“When criminals run out of stores with stolen goods, they need to be arrested and escorted directly into jail cells. Leveraging hundreds of millions of dollars in law enforcement investments, the California Highway Patrol — working with allied agencies — is increasing enforcement efforts and conducting and supporting covert and confidential takedowns to stop these criminals in their tracks during the holiday season, and year-round,” said Gov. Newsom.
“The men and women of the California Highway Patrol are working around the clock to keep shoppers, merchants, and retail districts safe this holiday season — and year-round,” said CHP Commissioner Sean Duryee. “Much of our task force’s success can be attributed to the strong working relationships we have with our law enforcement partners throughout the state and the rapport we have cultivated with the retail industry. Working together with our partners, and utilizing the CHP’s extensive statewide resources, we are cracking down and stopping unacceptable criminal activity.”
Some of the $350,000 worth of evidence that CHP seized in a single recent investigation The additional law enforcement presence across California is an effort to keep shoppers and merchants safe while catching retail criminals in the act.
To help reduce the amount of retail crime that occurs during the holiday shopping season, the CHP’s ORCTF regional teams in Southern California, the Bay Area, the San Joaquin Valley and Sacramento will be collaborating with retailers, loss prevention, and local law enforcement agencies.
Additionally, several proactive and confidential law enforcement operations are planned with allied agencies throughout the state and investigators are aggressively investigating and taking down known boosters and fencing operations linked to organized retail crime.
Since the inception of the ORCTF in 2019, the CHP has been involved in nearly 2,200 investigations that have led to the arrests of more than 1,500 suspects and the recovery of nearly 420,000 items of stolen retail merchandise valued at more than $33 million.
Building on these successful efforts, Gov. Newsom announced earlier this year that the state awarded the largest-ever single investment to combat organized retail crime in California history — sending over $267 million to 55 cities and counties to increase arrests and prosecutions for organized retail crime.
Public safety funding in California is at an all-time high. Building on investments to improve officer retention and well-being and the Governor’s Real Public Safety Plan — which focuses on strengthening local law enforcement response, ensuring perpetrators are held accountable, and getting guns and drugs off our streets — California’s 2023-24 budget includes more than $800 million in funding to support multiple programs to improve public safety and crack down on retail crime.