Lake County Grand Jury
2022-2023
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Findings & Recommendations
4 findings
F1:
There remains an important role for the human intelligence and visual acuity of fire tower lookouts in detecting wildland fires at an early stage. Board of Supervisors responses 933.05 (A) 2. The respondent disagrees wholly or partially with the finding.
F2:
The FFLA strives to raise awareness and support for lookout towers, and the California Central Western Region has gone to great lengths to try to stimulate support for Mt. Konocti. Board of Supervisors responses 933.05 (A) 2. The respondent disagrees wholly or partially with the finding.
F3:
The Konocti Fire Tower has been granted historic designation at both the Federal and State levels. Board of Supervisors responses 933.05 (A) 2. The respondent disagrees wholly or partially with the finding.
F4:
Repairs to the Konocti Fire Tower remain in limbo as no preliminary engineering survey has occurred, and the Tower appears to have been deemed obsolete by its operating agency, CalFire. Board of Supervisors responses 933.05 (A) 2. The respondent disagrees wholly or partially with the finding.
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Findings & Recommendations
7 findings
F1:
Students do not feel safe at school.
F2:
Teachers do not have sufficient authority and responsibility for dealing with bullying incidents.
F3:
There are not enough trained school resource officers in use.
F4:
Students need more education regarding bullying.
F5:
Improved communication is needed between schools and families.
F6:
There are no metal detectors in the Lake County schools.
F7:
Students benefit from after-school programs including the arts and sports programs. RECOMMENDATIONS
Additional Recommendations
7
Not linked to specific findings.
R1:
That the School Districts develop clear and effective policies regarding student safety, including bullying. (F-1)
R2:
That the School Districts develop clear lines of authority and responsibility for immediate response to bullying incidents. (F-2)
R3:
That the School Districts expand their use of well-trained school resource officers. (F-3)
R4:
That the School Districts develop and implement additional educational programs for students regarding bullying. (F-4)
R5:
That the School Districts expedite communication and follow-through with parents regarding bullying, emphasizing consequences, prevention, and resolution. (F-5)
R6:
That the School Districts install metal detectors in the schools. (F-6)
R7:
That the School Districts provide after-school programs that build skills and enhance growth. (F-7) 2022-2023 Lake County Civil Grand Jury Final Report Page | 203 REQUESTS FOR RESPONSES Pursuant to Penal Code § 933.05 (a)(b)(c), the following responses are required: Kelseyville Unified School District (R-1, R-2, R-3, R-4, R-5, R-6, R-7) 60 days Konocti Unified School District (R-1, R-2, R-3, R-4, R-5, R-6, R-7) 90 days Lakeport Unified School District (R-1, R-2, R-3, R-4, R-5, R-6, R-7) 90 days Lucerne Unified School District (R-1, R-2, R-3, R-4, R-5, R-6, R-7) 90 days Middletown Unified School District (R-1, R-2, R-3, R-4, R-5, R-6, R-7) 90 days Upper Lake Unified School District (R-1, R-2, R-3, R-4, R-5, R-6, R-7) 90 days 2022-2023 Lake County Civil Grand Jury Final Report Page | 204 2022-2023 Lake County Civil Grand Jury Final Report Page | 205 Flooding In Upper Lake and the Hitch SUMMARY Efforts to control flooding in Upper Lake date from the early part of the 20th Century. Now two projects, the Middle Creek Flood Control Project and the Middle Creek Flood Damage and Ecosystem Restoration Project, have been created to address them. This report will also focus on the change of water quality in Clear Lake, the lack of flow to facilitate spawning of the hitch, and the drastic decline in the numbers of hitch. As early as 2014, the Clear Lake hitch were designated as a threatened species under the California Endangered Species Act. In February 2023, the Board of Supervisors of Lake County proclaimed the potential endangerment of the hitch. The hitch is a sub-species of a minnow (Lavinia exilicauda chi) which is endemic to Clear Lake. In May 2023, the U.S. Fish and Wildlife Service declined to emergency list the hitch as an endangered species. Currently, it is against the law to catch, hold, or endanger the hitch in any way. METHODOLOGY An initial complaint regarding the lack of maintenance of the levees, resulting in continuous flooding, was filed by a long-time resident of Upper Lake. Information on flooding and photos was also supplied by a former member of the board of the Western Region Town Hall and also an inspector for the state water board.
Findings & Recommendations
2 findings
F1:
While the Sergeant-Coroner and Technician are accomplishing especially sensitive tasks as well as they can with what they have, they need an additional Investigator and separate secure storage.
F2:
The sensitivity and humanity of the Sergeant-Coroner in dealing with the anguished relatives of decedents who have died under troubling circumstances was greatly appreciated by family members. RECOMMENDATIONS:
Additional Recommendations
1
Not linked to specific findings.
R1:
That the Sheriff fund a second Investigator. (F-1) RESPONSES: Pursuant to Penal Code § 933.05 (a)(b)(c), the following response is required: Lake County Sheriff (R-1) 60 days 2022-2023 Lake County Civil Grand Jury Final Report Page | 87
Findings & Recommendations
3 findings
F1:
Elijah House‘s non-profit status was being questioned by the State when they applied to Lake County to provide services for the homeless population, and they did not disclose that information, nor did Behavioral Health officials vet the organization thoroughly to learn of this red flag.
F2:
The allegations of former staff and clients, if true, raise potentially actionable legal issues.
F3:
An internal audit of Elijah House finances during their operations in Lake County is said to be unfinished and is unavailable for Grand Jury review. RECOMMENDATIONS
Additional Recommendations
2
Not linked to specific findings.
R1:
That the Board of Supervisors order an independent forensic financial audit of Elijah House during their time in Lake County. (F-2, F-3)
R2:
That the 2023/2024 Civil Grand Jury continue this inquiry into the financial procedures of Elijah House during their time in Lake County. RESPONSES As per California Penal Code § 933.05 (a)(b)(c), the following response is required: Board of Supervisors
Findings & Recommendations
3 findings
F1:
The town of Upper Lake continues to flood regularly.
F2:
Restoring the wetlands will alleviate flooding in Upper Lake.
F3:
The Hitch have declined significantly, and additional spawning grounds are needed for them to increase their numbers. RECOMMENDATIONS
Additional Recommendations
2
Not linked to specific findings.
R1:
That the Department of Water Resources and the Board of Supervisors secure the funds to complete the process for the restoration of the wetlands. (F-1, F-2)
R2:
That the Department of Water Resources and the Board of Supervisors determine a reasonable completion date for the wetlands project which will include development of additional spawning grounds for the hitch. (F-3) RESPONSES According to Penal Code Section § 933.05 (a)(b)(c), the following responses are required: Department of Water Resources (R-1), (R-2) 90 Days Board of Supervisors (R-1), (R-2) 90 Days 2022-2023 Lake County Civil Grand Jury Final Report Page | 213 BIBLIOGRAPHY As A Sacred Minnow Nears Extinction, Native Americans of Clear Lake Call for A Bold Plan by Louis Sahagun, Los Angeles Times, December 6, 2022 County Guidelines for Residents Using Individual Private Intakes in Light of High Cyanotoxin Levels, Lake County Record Bee, July 28,2022 Cultural Perspectives and Tribal Resources Focus of Weekly Breakfast Meeting, by Nikki Carboni, Record Bee, May 1, 2023 Cyanobacteria Blue Green Algae, County of Lake Departments of Health, Environmental Health & Water Resources, and partners Big Valley Band of Pomo Indians & Elem Indian Colony. Middle Creek, Lake County California, Wikipedia State Reports on Efforts to Save Clear Lake Hitch; $2 Million Committed to Remove Passage Barriers, March 23, 2023 The Sulphur Bank Mercury Mins Sites, Arsenic and Mercury Risks, U.S. Environmental Protection Agency- Pacific Southwest Region- June 2022 2022-2023 Lake County Civil Grand Jury Final Report Page | 214 2022-2023 Lake County Civil Grand Jury Final Report Page | 215 Voting in Lake County
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Findings & Recommendations
6 findings
F1:
Our research has determined the following strategies to improve police officer attention recruitment and hiring. 1. Develop a recruitment plan reflecting the ethnicity and gender of the community 2. Host pre-Academy programs for teens and college students 3. Ask officers to invest themselves in recruitment or the department 4. Update the marketing materials and outreach strategy 5. Ensure that background checks and department requirements align with actual department needs 6. Prioritize training
F2:
The Massachusetts State Police Cadet Program exemplifies a successful full time officer cadet program.
F3:
The Los Angeles Police Department ACOP provides successful participants, between the ages of 18 through 23, a paid civilian job as they matriculate in order to become a uniformed LAPD officer. 2022-2023 Lake County Civil Grand Jury Final Report Page | 153 RECOMMENDATIONS
F4:
Update the marketing materials and outreach strategy
F5:
Ensure that background checks and department requirements align with actual department needs
F6:
Prioritize training F-2: The Massachusetts State Police Cadet Program exemplifies a successful full time officer cadet program. F-3: The Los Angeles Police Department ACOP provides successful participants, between the ages of 18 through 23, a paid civilian job as they matriculate in order to become a uniformed LAPD officer. 2022-2023 Lake County Civil Grand Jury Final Report Page | 153
Additional Recommendations
3
Not linked to specific findings.
R1:
That Lake County establish an Associate Community Officer program targeting defined prospects and college students, between the ages of 18 through 21 and provide a paid internship (no benefits) for 20 hours a week. ( F - 1 a n d F - 3 )
R2:
That Lake County fund a part-time, 20 hours per week Sheriff Cadet program for ten (10) cadets for fiscal year 2024. The projected cost is $208,000.00. (F-3) Hourly Wage $20.00 Hours per Week 20 Days of Work 5 # of Weeks 52 Per Person Cost $20,800.00 Total Per Person $20,800.00 # of Interns 10 Annual Total $208,000.00
R3:
That the Lake County Sheriff cadet programs participants be a reflection of the community with regard to ethnicity and gender. (F-1) RESPONSES Pursuant to Penal Code § 933.05 (a)(b)(c), the following responses are required: Board of Supervisors
Findings & Recommendations
5 findings
F1:
There is concern over the ownership and proper storage of the veterans’ flags connected to Kelseyville Cemetery District.
F2:
Headstones at the Kelseyville Pioneer Cemetery require cleaning and restoration.
F3:
Kelseyville Cemetery District needs to facilitate public and County access to its website.
F4:
The Avenue of the Flags organization in Lake County has no functional board, which affects the operations of the Kelseyville Cemetery Board.
F5:
Kelseyville Cemetery is well maintained, easily accessible to the public, and provides ample space for burial services. RECOMMENDATIONS
Additional Recommendations
4
Not linked to specific findings.
R1:
That the Kelseyville Cemetery District Board of Directors meet with the Avenue of the Flags President to clarify plans for future veterans’ events. (F-1, F-4)
R2:
That the Kelseyville Cemetery Board of Directors contact volunteer organizations or State preservation groups to clean and repair the Pioneer Cemetery headstones. (F-2)
R3:
That the Kelseyville Cemetery Board of Directors contact Streamline website services in order to promote better public access to the KCBD website. (F-3)
R4:
That the Kelseyville Cemetery Board of Directors ensure that the website is listed on the County of Lake website. (F-3) REQUEST FOR RESPONSES Pursuant to Penal Code § 933.05 (a)(b)c), the following responses are required: Kelseyville Cemetery District Board
Findings & Recommendations
2 findings
F1:
The inmates of the Konocti Conservation Camp provide their time donation to designated Lake County community organizations.
F2:
The inmates of the Konocti Conservation Camp can receive training to achieve Advanced Mechanic Certifications. RECOMMENDATIONS
Additional Recommendations
2
Not linked to specific findings.
R1:
That the inmates of the Konocti Conservation Camp increase/enhance their time donation to designated Lake County community organizations.
R2:
That the inmates of the Konocti Conservation Camp increase/enhance their vehicle maintenance program and ensure that all inmates working on vehicles complete Advanced Mechanic Certification that will help them obtain employment when released. RESPONSES Pursuant to Penal Code § 933.05 (a)(b)(c), the following responses are required: CDCR Camp Commander
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Findings & Recommendations
5 findings
F1:
There a shortage of female correctional officers.
F2:
The $988,600 funding for the Lakeport Armory Facility Repurposing Project has not yet been received.
F3:
The quality of services provided through the new Wellpath Heath Service contract is progressing well.
F4:
Continuing staff shortages result in infrequent 16-hour shifts, reduced morale, and persistent staff “burn-out.”
F5:
Current staffing levels have led to lowered morale, burn-out, and lower retention. RECOMMENDATIONS
Additional Recommendations
2
Not linked to specific findings.
R1:
That the Lake County Sheriff’s Department continue the grant request process to ensure receipt of the $988,600 funding for the Lakeport Armory Facility Repurposing Project. (F-2)
R2:
That the Board of Supervisors give the Sheriff greater salary spending flexibility. (F-1, F-4, F-5) RESPONSES Pursuant to Penal Code § 933.05 (a)(b)(c), the following responses are required: Lake County Sheriff
Findings & Recommendations
6 findings
F1:
The Board of Supervisors was evidently dissatisfied with LID’s function and requested an evaluation of the program by the 6th Amendment Center in 2021.
Related Recommendations (1)
R1:
Develop a visible avenue for contact with the oversight committee. (F1)
F2:
The Sixth Amendment Center report was published at the end of January 2023 and was critical of LID’s independent-contractor model that lacked oversight and supervision of the attorneys providing indigent defense services.
F3:
The Sixth Amendment Center report recommended that the County establish a formal Office of Public Defender and hire the necessary support staff.
F4:
The Board of Supervisors approved hiring a Public Defender overseer and is currently advertising for same.
F5:
The Sixth Amendment Center report urged reinstitution of a Public Defender Oversight Committee, which is in-process.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
The Sixth Amendment Center report urged the County to reach out to the State for funding assistance, as the State has the ultimate obligation under the 6th and 14th Amendments to provide effective legal assistance for the indigent. RECOMMENDATION
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
Additional Recommendations
7
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 (a) – (c), the Grand Jury requests responses as follows: • County Administrative Officer via the Board of Supervisors (90 days) 2022-2023 Lake County Civil Grand Jury Final Report Page | 188 • Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) 2022-2023 Lake County Civil Grand Jury Final Report Page | 189 2022-2023 Lake County Civil Grand Jury Final Report Page | 190 2022-2023 Lake County Civil Grand Jury Final Report Page | 191 2022-2023 Lake County Civil Grand Jury Final Report Page | 192 2022-2023 Lake County Civil Grand Jury Final Report Page | 193 Bullying In Schools
R5:
PDPOC does not attend court to evaluate Public Defender performance.
R6:
PDPOC has neither investigated nor received any complaints from the Public Defender’s clients in its capacity as an oversight committee.
R7:
Meetings of the PDPOC were held sporadically, Jan 28, Apr 22, Jul 8, and Nov 18,
R9:
Notification of PDPOC meetings is posted only in the County Courthouse. 2022-2023 Lake County Civil Grand Jury Final Report Page | 187
R10:
PD reported to the Grand Jury that the Public Defender Program realizes acquittal rates of 45 to 50%; even this does not reflect the actual success, which includes dismissals and negotiations.
R11:
The County Administrative office is responsible for PD contract compliance but the office delegates responsibility to the PDPOC to oversee the Public Defender Program.
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Findings & Recommendations
21 findings
F1:
- The Juvenile Justice Center is a well-run program that provides individualized programming to assist the wards with educational and rehabilitation needs. It is operating well below the maximum capacity of 64 due to COVID-19 constraints.
Related Recommendations (1)
R1:
Develop a visible avenue for contact with the oversight committee. (F1)
F2:
Lake Family Resource Center has developed detailed training materials on Trafficking.
F3:
Widespread education on Trafficking, especially among youths and persons working with youths, can increase awareness and opportunities for potential intervention. RECOMMENDATIONS
F4:
SROs benefit from specialized training focusing on non-violent communication, with youths’ social and emotional development.
F5:
Single entrances and metal detectors at campus entrances are helpful in screening for weapons.
Related Recommendations (1)
R2:
Schedule meetings at regular intervals. (F5)
F6:
School officials’ outreach to parents/guardians to sensitize them to worrisome changes in students’ behavior can help identify at-risk students needing intervention. RECOMMENDATIONS
Related Recommendations (1)
R3:
Formal, professional-styled minutes be prepared and times of meetings be better published to satisfy the intent of the Brown Act. (F6)
F7:
Students benefit from after-school programs including the arts and sports programs. RECOMMENDATIONS
F8:
Adherence to Brown Act requirements has been intermittent in regard to publicly reporting actions, if any, along with the vote, occurring during a closed session. Lakeport Fire Protection District response 933.05. (A) 2. The respondent disagrees wholly or partially with the finding.
F9:
Major financial decisions are pending regarding the two LFPD Stations in Lakeport, the Finley station, and the vacant property. Lakeport Fire Protection District response 933.05. (A) 1. The respondent agrees with the finding.
F10:
No Fee Schedule has been created and adopted for the requisite annual inspections of business and residential facilities, and, to fulfill this requirement, staffing may also need to be increased. Lakeport Fire Protection District response 933.05. (A) 1. The respondent agrees with the finding. 2022-2023 Lake County Civil Grand Jury Final Report Page | 251
F11:
Physical exams and cancer screenings for paid and volunteer firefighters were not provided annually for several years. None of this year’s exams included cancer screenings. Lakeport Fire Protection District response 933.05. (A) 1. The respondent agrees with the finding.
F12:
The LFPD has no Safety Officer, Battalion Chief, or Fire Marshall as backup for the interim Chief. Lakeport Fire Protection District response 933.05. (A) 1. The respondent agrees with the finding.
F13:
There is no designated on-call Chaplain or mental-health specialist to help the staff process traumatic events. Lakeport Fire Protection District response 933.05. (A) 1. The respondent agrees with the finding.
F14:
The firefighter who is filling the role of Fleet Mechanic uses his personal equipment. Lakeport Fire Protection District response 933.05. (A) 2. The respondent disagrees wholly or partially with the finding.
F15:
Stations 50 and 52 lack vehicle exhaust systems. Lakeport Fire Protection District response 933.05. (A) 1. The respondent agrees with the finding.
F16:
Stations 50 and 52 are not earthquake-proof. Lakeport Fire Protection District response 933.05. (A) 1. The respondent agrees with the finding.
F17:
Station 50 contains asbestos, has non-Code electrical connectivity (with power cords running from the attic through the ceiling), and has roof leaks. 2022-2023 Lake County Civil Grand Jury Final Report Page | 252 Lakeport Fire Protection District response 933.05. (A) 1. The respondent agrees with the finding.
F18:
The District was and is losing revenue due to inadequate ambulance billing coding and collection practices. Lakeport Fire Protection District response 933.05. (A) 2. The respondent disagrees wholly or partially with the finding.
F19:
For a period of years, the Board did not provide sufficient oversight on correcting budgetary deficits. Lakeport Fire Protection District response 933.05. (A) 1. The respondent agrees with the finding.
F20:
Firefighter layoffs were demoralizing to staff and community. Lakeport Fire Protection District response 933.05. (A) 1. The respondent agrees with the finding.
F21:
The staff (paid and volunteer) and the Board lack effective communication, a sense of collaboration while facing serious ongoing issues, and mutual understanding. Lakeport Fire Protection District response 933.05. (A) 1. The respondent agrees with the finding. RECOMMENDATIONS
Additional Recommendations
9
Not linked to specific findings.
R4:
The Grand Jury’s Government Services Committee conduct an annual oversight of the PDPOC. Request for Responses: Pursuant to Penal Code 933.05 (a) – (c), the Grand Jury requests responses as follows: • County Administrative Officer via the Board of Supervisors (90 days) 2022-2023 Lake County Civil Grand Jury Final Report Page | 188 • Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) 2022-2023 Lake County Civil Grand Jury Final Report Page | 189 2022-2023 Lake County Civil Grand Jury Final Report Page | 190 2022-2023 Lake County Civil Grand Jury Final Report Page | 191 2022-2023 Lake County Civil Grand Jury Final Report Page | 192 2022-2023 Lake County Civil Grand Jury Final Report Page | 193 Bullying In Schools
R5:
That School Districts investigate available funding for the installation of metal detectors to prevent weapons from being brought on campus. (F-5) 2022-2023 Lake County Civil Grand Jury Final Report Page | 141
R6:
That school officials set a goal of meeting with each student’s parent or guardian at least once during the year to discuss recognizing changes in students’ behavior. (F-6) RESPONSES As per the California Penal Code § 933.05 (a) (b) (c), the following responses are required: Kelseyville Unified School District
R7:
That the School Districts provide after-school programs that build skills and enhance growth. (F-7) 2022-2023 Lake County Civil Grand Jury Final Report Page | 203 REQUESTS FOR RESPONSES Pursuant to Penal Code § 933.05 (a)(b)(c), the following responses are required: Kelseyville Unified School District (R-1, R-2, R-3, R-4, R-5, R-6, R-7) 60 days Konocti Unified School District (R-1, R-2, R-3, R-4, R-5, R-6, R-7) 90 days Lakeport Unified School District (R-1, R-2, R-3, R-4, R-5, R-6, R-7) 90 days Lucerne Unified School District (R-1, R-2, R-3, R-4, R-5, R-6, R-7) 90 days Middletown Unified School District (R-1, R-2, R-3, R-4, R-5, R-6, R-7) 90 days Upper Lake Unified School District (R-1, R-2, R-3, R-4, R-5, R-6, R-7) 90 days 2022-2023 Lake County Civil Grand Jury Final Report Page | 204 2022-2023 Lake County Civil Grand Jury Final Report Page | 205 Flooding In Upper Lake and the Hitch SUMMARY Efforts to control flooding in Upper Lake date from the early part of the 20th Century. Now two projects, the Middle Creek Flood Control Project and the Middle Creek Flood Damage and Ecosystem Restoration Project, have been created to address them. This report will also focus on the change of water quality in Clear Lake, the lack of flow to facilitate spawning of the hitch, and the drastic decline in the numbers of hitch. As early as 2014, the Clear Lake hitch were designated as a threatened species under the California Endangered Species Act. In February 2023, the Board of Supervisors of Lake County proclaimed the potential endangerment of the hitch. The hitch is a sub-species of a minnow (Lavinia exilicauda chi) which is endemic to Clear Lake. In May 2023, the U.S. Fish and Wildlife Service declined to emergency list the hitch as an endangered species. Currently, it is against the law to catch, hold, or endanger the hitch in any way. METHODOLOGY An initial complaint regarding the lack of maintenance of the levees, resulting in continuous flooding, was filed by a long-time resident of Upper Lake. Information on flooding and photos was also supplied by a former member of the board of the Western Region Town Hall and also an inspector for the state water board. 2022-2023 Lake County Civil Grand Jury Final Report Page | 206 Two administrators of the Department of Water Resources in Lakeport were interviewed, as well as a retired biology teacher from a local college; and an activist very familiar with the hitch who is also a retired attorney and a farmer. A resident of Upper Lake was also interviewed who sued the county for damages to their property, business, and equipment after flooding occurred in February of 2019. In addition, the Northshore Fire Chief and a staff member from Office of Emergency Services (OES) were interviewed The Grand Jury made several trips to the levees, which provided first-hand knowledge of the conditions of the levees. The Grand Jury also attended monthly meetings of the Western Region Town Hall in Upper Lake and the Board of Supervisors meetings in Lakeport, particularly those meetings that focused on the status of the hitch. BACKGROUND Levees to reclaim the lakebed for agricultural use date back to the 1920’s in the area commonly known as the Reclamation Area. Efforts to protect the community of Upper Lake from flooding began in 1954 with Congress authorizing a federal flood control project known as the Middle Creek Flood Control Project. Some causes of the hitch decline include prolonged drought in the past several years, an overtaxed water distribution system, pesticides, runoff from vineyards and marijuana grows, and predatory non-native game fish. DISCUSSION RECENT HISTORY OF UPPER LAKE FLOODING The poor condition of the levees in Upper Lake and the risk of flooding prompted a special workshop on September 28, 2022 at the Habematolel Community Center. The workshop was intended to call attention to the deteriorating condition of the levees, which no longer held the water flow back during stormy seasons, thus leading to flooding. There are 348 properties in Upper Lake that have a greater than 26% chance of being severely affected by flood over the next 30 years. These properties represent 84% of all the properties in Upper Lake. Efforts to control flooding in the Upper Lake area, dates from the early 1900s. Levees to reclaim lakebed for agricultural use date from around the 1920s in the area commonly called the Reclamation Area. Efforts to protect the community of Upper Lake began in 1954 with Congress authorizing a federal flood control project, known as the Middle Creek Flood Control Project. The U.S. Army Corps of Engineers constructed the project in 1958. The levees upstream of the Middle- Scotts Creek confluence were constructed between 1959 and 1961, in substantial accordance with the design plans. 2022-2023 Lake County Civil Grand Jury Final Report Page | 207 After several failures in the construction of the levees in the Reclamation Area and application of some emergency measures during construction, the project was completed in 1966. The completed levees were not in accordance with normally accepted engineering standards at the time. The State however conditionally accepted the levees in the Reclamation Area into the project. In 1960, the Lake County Flood Control and Water Conservation District and the State Reclamation Board entered into an agreement to provide routine maintenance, flood fighting, and levee patrolling. Maintenance of the Clover Creek channel was performed by the State until 1996. In April of 1996, California Department of Water Resources informed the District that they would no longer maintain the channel improvements and Clover Creek in accordance with the 1960 agreement. Since 1966, the operation and maintenance of the Upper Basin (Clover Creek and Middle Creek area) have been maintained by the district with funding collected from the property tax which is placed in the District Zone 8 budget. The Reclamation Area is also known as the Lower Basin. The Lower Basin Benefit Assessment tax did not pass, and operation and maintenance were relinquished to the State. The maintenance of the Lower Basin area is now performed in State Maintenance Area number 17 (MA-17). The levees and channels in the Upper Basin are maintained by the District. Operation and maintenance activities were to include:
• Levee patrolling, especially during and after high water events
• Emergency flood lights as needed
• Mowing of grass
• Control of weeds with herbicides
• Removal of excess woody growth (trees and bushes) within the levee easements
• Maintenance of levee roads
• Removal and trimming of trees and brush within the creek’s active channel area
• Periodic removal of sediment deposits The Lake County Watershed Protection District, formerly known as the Lake County Flood Control and Water Conservation District, operates and maintains the Middle Creek Flood Control Project in Upper Lake. The project consists of 14.4 miles of levees, a pump station, and a diversion channel to divert Clover Creek overflow around the town of Upper Lake. The upper portion of the project protects the community of Upper Lake from flooding by Middle Creek and Clover Creek. The lower portion of the system protects farmland and some residences from inundation by Clear Lake. 2022-2023 Lake County Civil Grand Jury Final Report Page | 208 The area of concern continues to be the Middle Creek and Clover Creek diversion levees. If a 100-year flood event occurred, the levees would fail and approximately 1100 residents would be at risk. RECENT EVENTS On October 24, 2022, an atmospheric river event occurred. According to one of the land owners in Upper Lake, they received nine inches of rain in nine hours. Flooding in Upper Lake, specifically at Maddox Court where the waters from Middle Creek and Clover Creek merge, not only inundated the courtyard but also flooded Main Street down to and including parts of Highway 20. 2022-2023 Lake County Civil Grand Jury Final Report Page | 209 This year, by the middle of April, there had been three atmospheric events. In order to prevent recurrent flooding, three alternatives were suggested. The first alternative calls for raising the 2.7 miles of the Middle Creek and Clover Creek Diversion and improving them to withstand a 100-year flood event. This alternative addresses the freeboard (the distance between the normal water level and the top of the levee rising out to the water) deficiency and extends Clover Creek’s left bank by 1000 feet. 2022-2023 Lake County Civil Grand Jury Final Report Page | 210 The second alternative requires sediment management and vegetation clearing, plus all the measures in Alternative one. The third alternative includes also raising the freeboard to be above the 100-year plan, and includes additional emergency evacuation plans. Because nothing has been done in several years regarding the levees, they are now overgrown with vegetation, trees, and sediment. As of the writing of this report, no decision has been made regarding these alternatives and no action has been taken. Before 2023, it appears that nothing had been done to prepare for a number of flooding events happening one right after another. However, the Middle Creek Flood Damage and Ecosystem Restoration Project is proceeding as planned, and the Reclamation Area (MA-17) is proposed to be restored as a functional part of Clear Lake when completed. This project would cover 1650 acres south of Upper Lake to Rodman Slough, and also a part of the Nice/Lucerne Cutoff. The objective of this project is mainly to develop a wetland which would alleviate the problems of flooding to Upper Lake. The project would re-direct the waters of Middle Creek to the wetlands and also provide additional spawning grounds for the hitch. Other parts of the wetlands could also be used for recreational purposes. In order to create the wetlands, there are 22 properties that need to be purchased from 18 owners with monies from several sources. That includes $15 million dollars from the California Department of Water Resources, in addition to 12 million dollars already donated to this project. Our assemblywoman was instrumental in securing the additional $ 15 million dollars from the department. Also, another $650,000 was offered by our congressman, in the form of a grant. At this time, there are only four more properties that need to be obtained from reluctant sellers. The Lake County Department of Water Resources is hopeful that they will not need to use eminent domain to acquire the remaining properties. Currently, there are several members of the community working with these sellers to convince them that this project is very necessary and will benefit the entire community, not only the people in Upper Lake. Even with the millions of dollars secured already, more money is needed. One of the reasons is that the sponsor of the project, the Department of Water Resources in Lakeport, is required to pay 35% of the cost of future phases of the project. However, Water Resources does not have that amount of money in its budget, and it is likely they will have to reach out to potential partners for the remaining money. Current and potential partners include:
• U.S. Army Corps of Engineers
• Central Valley Flood Protection Board 2022-2023 Lake County Civil Grand Jury Final Report Page | 211
• CA Dept. of Fish and Game/Wildlife
• Conservation Board
• CA State Water Control Board
• Central Valley Regional Water Quality Control Board
• CA Bay-Delta Authority
• CA Dept. of Water Resources
• Local Native American Tribes
• Resource Conservation District
• Lake County Special Districts
• Lake County Watershed Groups
• Non-profit Organizations To many people, the project to create the wetlands, prevent flooding to Upper Lake, and also save the Hitch is taking a long time. A project of this size has many requirements that must be met. For example, it takes eight months to get an appraisal on a single property. Any changes to the project have to be coordinated with several agencies such as the Department of Fish and Wildlife, the California Water Resource Agency based in Sacramento, and the U.S. Corps of Engineers. A soil sample of each property has to be tested; this requires time and permits, that can cost as much as $5,000. In the meantime, levees must be maintained, including mowing, maintenance of the flood gates, and gravel and silt removal. The funding for the maintenance of these levies was to come from the monies added to the taxes levied on the residents of Upper Lake. However, the $90,000 appropriated for this purpose was insufficient to perform these ongoing tasks. With all these changes, the Deputy Director of Lake County Water Resources is still optimistic that the four remaining properties will be purchased, the money will be raised to cover the cost of development, and the work will be completed in the next year or so. Until this happens, the levees in Upper Lake will be needed, the residents will have to purchase sandbags to prevent flooding of their homes, and the hitch will not have additional places to spawn and multiply. EFFECT ON THE HITCH Over the last six years, the number of hitch has declined significantly, and now many local agencies consider it to be an endangered species. Recently, an emergency was declared by the Board of Supervisors regarding the status of the hitch. Part of the reason for the decline of the hitch is the pollution of the waters of Clear Lake from chemicals such as cyanotoxins. These chemicals, commonly referred to as blue/green algae, are particularly harmful to adults, children, animals and fish. Runoffs from agricultural properties and cannabis farms contain insecticides and fertilizers. These are meant to control insects, but affect the health of crops, the hitch, and the lake. 2022-2023 Lake County Civil Grand Jury Final Report Page | 212 SOLUTIONS FOR THE HITCH The CA Dept. of Fish and Wildlife (CDFW) has committed to ongoing coordination with Clear Lake Tribes; state, local and federal resource agencies; landowners and others to help facilitate projects to protect and increase stream flow during Clear Lake hitch migration and spawning. In addition, CDFW has also committed $2 million to implement barrier-removal projects over the next three years. Working with Tribes and Lake County Land Stewards, CDFW will accept proposals in the next 90 days to remove barriers to hitch migration. The coalition that was created includes Big Valley Band of Pomo Indians, Robinson Rancheria Pomo Indians of California, Habematolel Pomo of Upper Lake, Scotts Valley Band of Pomo Indians, Middletown Rancheria band of Pomo Indians California, Elem Indian Colony, Lake County Farm Bureau, Lake County agricultural community, Lake County Land Trust, Lake County, CA Fish and Game Commission, State and Regional Water Boards, CA Dept. of Water Resources, Blue Ribbon Committee on the Rehabilitation of Clear Lake, the CA Natural Resources Agency, and U.S. Fish and Wildlife Service. FINDINGS
R8:
That the Board approve and adopt organizational and operational Policies and Procedures that include specifying periodic rotation of the role of Chairman. (F-2, F-3) Lakeport Fire Protection District response 933.05 (B) 3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe. 2022-2023 Lake County Civil Grand Jury Final Report Page | 255
R9:
That the Board make a consistent effort to interact inform- ally/socially with the firefighters in order to improve morale and trust. (F-11, F-14, F-15, F-20, F-21) Lakeport Fire Protection District response 933.05 (B) 3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe.
R10:
That the 2022-2023 Civil Grand Jury continue this investigation to follow-up on the above Recommendations and report on further developments, including the hiring of a new Chief. (F-1 through F- 21) Lakeport Fire Protection District response 933.05 (B) 3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe. 2022-2023 Lake County Civil Grand Jury Final Report Page | 256 COMMUNITY CAT MANAGEMENT FINDINGS
R11:
That the PHO position be listed as a Critical Position. [F11] Lake County Board of Supervisors response 933.05 (B) 1. The recommendation has been implemented, with a summary regarding the implemented action. Lake County CAO response 933.05 (B) 1. The recommendation has been implemented, with a summary regarding the implemented action. 2022-2023 Lake County Civil Grand Jury Final Report Page | 293 Lake County HR Director response 933.05 (B) 1. The recommendation has been implemented, with a summary regarding the implemented action. 2022-2023 Lake County Civil Grand Jury Final Report Page | 294 Not Your Grandpa’s Dump FINDINGS
R21:
Lakeport Fire Protection District response 933.05 (B) 3. The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe. 2022-2023 Lake County Civil Grand Jury Final Report Page | 256 COMMUNITY CAT MANAGEMENT
Findings & Recommendations
6 findings
F1:
The modernization of software and processing systems in the Treasurer-Tax Collector’s office is long overdue.
F2:
When phones are turned off, calls from the public go unanswered in both offices, with no option to leave a message.
F3:
Any payment errors found in the taxpayer’s paperwork may cause further delays in the process.
F4:
Electronic transfer of checks, estimated to begin in Fall 2023, will greatly expedite processing times.
F5:
The Treasurer-Tax Assessor expects the backlog to be resolved by the end of 2024.
F6:
Taxpayers are charged a fee of 2.3 % to pay their bills with a credit card. RECOMMENDATIONS
Additional Recommendations
3
Not linked to specific findings.
R1:
That the Treasurer-Tax Collector and Assessor-Recorder’s offices answer taxpayers’ calls promptly or have an option for taxpayers to leave a message. (F-2)
R2:
That the Treasurer-Tax Collector, upon detecting an error in the tax payments, contact taxpayers immediately to resolve the problem. (F-3)
R3:
That the Treasurer-Tax Collector absorb the credit-card payment fee. (F-6) RESPONSES According to Penal Code § 933.05 (a) (b) (c) the following responses are required: Treasurer-Tax Collector
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Findings & Recommendations
3 findings
F1:
The Tehama Juvenile Detention Facility holds periodic Career Days to educate juvenile internees about their career opportunities.
F2:
The Tehama Juvenile Detention Facility has several mentoring programs coaching the youths and showing juvenile internees opportunities.
F3:
The Tehama Juvenile Detention Facility has several athletic programs that enable juveniles to develop teamwork and cooperation. RECOMMENDATIONS
Additional Recommendations
3
Not linked to specific findings.
R1:
That the number of Career Days be increased at the Facility. (F-1)
R2:
That the Facility further develop mentor-style programs for the internees. (F- 2)
R3:
That the Facility develops additional athletic programs. (F-3) RESPONSES Pursuant to Penal Code § 933.05 (a) (b) (c), the following responses are required: County of Lake Probation Department
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Findings & Recommendations
7 findings
F1:
Some Election Day workers do not fully understand all aspects of polling place practices and procedures because they only attend role-specific trainings.
F2:
Not all polling places were equally active on Election Day.
F3:
All registered voters receive an encrypted, postage-paid envelope along with their official ballots by mail about a month prior to Election Day.
F4:
All envelops must be signed by the registered voter for verification by the Registrar’s Office.
F5:
Many voters prefer to drop off their completed ballots at their polling places on Election Day.
F6:
Election Day workers on the north side of the County expressed frustration at not being able to get through to the Registrar’s office on the cellphones they were issued. No such frustrations were reported on the south side of the County.
F7:
Public Observer and Grand Jury Observer training and orientation procedures require clarification. 2022-2023 Lake County Civil Grand Jury Final Report Page | 222 RECOMMENDATIONS
Additional Recommendations
4
Not linked to specific findings.
R1:
That the Registrar of Voters develop a training video for all poll workers that includes all aspects of polling place practices and procedures. (F-1)
R2:
That the Registrar of Voters emphasize repeatedly in its print materials the proper use of vote-by-mail ballots, including highlighting the location of the signature block on the envelop and reiterating the necessity of bringing both the envelope and ballot when voting in person. (F-3, F-4, F-5)
R3:
That the Registrar of Voters assess the reliable connectivity of County-issued cellphones given to poll workers. (F-6)
R4:
That the Registrar of Voters recognize the difference between Registrar- trained Election Day observers who are members of the public and Grand Jury observers. (F-7) RESPONSES According to Penal Code § 933.05 (a) (b) (c), the following responses are required: Registrar of Voters