Lake County

Additional Recommendations 9

These recommendations are not explicitly linked to specific findings.

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  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) Page | 187 2022-2023 Lake County Civil Grand Jury Final Report • Public Defender Program Oversight Committee Chairperson via the Board of Supervisors (90 days) Page | 188 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 Bullying In Schools
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  That School Districts investigate available funding for the installation of metal detectors to prevent weapons from being brought on campus. (F-5) Page | 140 2022-2023 Lake County Civil Grand Jury Final Report
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  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 R-1, R-2, R-3, R-4, R-5 90 days Konocti Unified School District R-1, R-2, R-3, R-4, R-5 90 days Lakeport Unified School District R-1, R-2, R-3, R-4, R-5 90 days Lucerne Unified School District R-1, R-2, R-3, R-4, R-5 90 days Middletown Unified School District R-1, R-2, R-3, R-4, R-5 90 days Upper Lake Unified School District R-1, R-2, R-3, R-4, R-5 90 days Clearlake Police Department R-2, R-3 90 days Lake County Sheriff R-2, R-3 60 days Lakeport Police Department R-2, R-3 90 days Page | 141 2022-2023 Lake County Civil Grand Jury Final Report Even Winnie the Pooh Gives School Shooting Advice Page | 142 2022-2023 Lake County Civil Grand Jury Final Report MASS/SCHOOL SHOOTINGS BIBLIOGRAPHY Disrupting School Violence: New Secret Service Report Offers Tips for Educators (gaggle.net) Every mass shooting in the US – a visual database | US news | The Guardian Everytown for Gun Safety - Wikipedia Fast Fact: Preventing School Violence |Violence Prevention|Injury Center|CDC List of mass shootings in the United States - Wikipedia Mass killings in US: Database shows mass casualty shootings in America (usatoday.com) Mass Shootings in the US Fast Facts | CNN Mass shootings in the US: 2022 could be the second-highest year | CNN Mass Shootings in 2023 | Gun Violence Archive Mass shootings in the United States - Wikipedia School shooters: Roots of violence often include depression and despair: Shots - Health News : NPR School Shooters: Patterns of Adverse Childhood Experiences, Bullying, and Social Media - PubMed (nih.gov) School violence - Wikipedia School Violence: Bullying and Shootings at Columbine | Applied Social Psychology (ASP) (psu.edu) Student Safety Tip Line | Gaggle SpeakUp for Safety Why do school shootings keep happening in the United States? - VCU News - Virginia Commonwealth University Why number of US mass shootings has risen sharply - BBC News What the data says about gun deaths in the U.S. | Pew Research Center What Do the Data Reveal About Violence in Schools? | National Institute of Justice (ojp.gov) USSS Averting Targeted School Violence.2021.03.pdf (secretservice.gov) Page | 143 2022-2023 Lake County Civil Grand Jury Final Report Page | 144 2022-2023 Lake County Civil Grand Jury Final Report GROW YOUR OWN Executive Summary Law enforcement is in the middle of a recruitment and retention crisis. With lowunemployment,theCOVIDcrisis,thereactiontotheGeorgeFloydincident, and the current climate of defunding, police agencies are struggling to fill the ranks a n d k e e p g o o d c o p s . Unfortunately, according to a 2021 Work for Survey there was an 18% increase in resignations and a 45% increase in retirements over the past year. However, there are solutions. We believe that by Growing Our Own, Lake County will be able to reduce the amount of unfilled law enforcement open positions. Overtime, the program we are proposing will provide a ready pool of law enforcement talent. Methodology Documents During our investigation, the Grand Jury reviewed and obtained factual data and other information from interviews, numerous documents and sources. Please see Bibliography. Interviews The Lake County Civil Grand Jury interviewed the officers responsible for the continuation of the Lake County Sheriff's Explorer program, the captain re- sponsible for coordination of the CalFire Cinder Girl program, and the officer and s e r g e a n t m a n a g i n g t h e L A P D A s s o c i a t e C o m m u n i t y O f f i c e r p r o g r a m . Page | 145 2022-2023 Lake County Civil Grand Jury Final Report BACKGROUND R e c r u i t e r s f o r l a w e n f o r c e m e n t p e r s o n n e l h a v e b e e n a b l e t o m e e t t h e i r h i r i n g q u o t a s , u n t i l t h e l a s t f i v e y e a r s . " Y o u ' v e g o t a w o r k f o r c e t h a t ' s b e i n g c o m p r e s s e d o n t h e f r o n t e n d , y o u ' v e g o t a d r o p i n p e o p l e w h o w a n t t o b e c o p s . A n d o n t h e o t h e r e n d , y o u h a v e a s i g n i f i c a n t i n c r e a s e i n p e o p l e w h o a r e r e s i g n i n g a n d r e t i r i n g . A n d w e h a v e a s u r v e y t h a t w e d i d ( t h a t f o u n d a ) 4 4 % i n c r e a s e i n r e t i r e m e n t s , 1 8 % i n c r e a s e i n r e s i g n a t i o n s ( i n p o l i c e d e p a r t - m e n t s ) , " a c c o r d i n g t o P o l i c e E x e c u t i v e R e s e a r c h F o r u m P r e s i d e n t Chuck Wexler. M a n y o f t h e s e i s s u e s s t a r t e d b e f o r e t h e C O V I D - 1 9 p a n d e m i c a n d t h e p r o t e s t s o f 2020. C o n s i d e r t h e s e r e s u l t s f r o m a 2 0 1 9 r e p o r t p u b l i s h e d b y t h e I n t e r n a t i o n a l A s s o c i a t i o n o f C h i e f s o f P o l i c e i n w h i c h a g e n c i e s f r o m f e d e r a l , s t a t e , l o c a l a n d t r i b a l l e v e l s w e r e s u r v e y e d : • 7 8 % o f a g e n c i e s r e p o r t e d h a v i n g d i f f i c u l t y r e c r u i t i n g e l i g i b l e c a n d i d a t e s . • 6 5 % o f a g e n c i e s r e p o r t e d h a v i n g t o o f e w c a n d i d a t e s a p p l y i n g f o r p o s i t i o n s . • 75% of agencies reported that recruiting was more difficult than in the past. • 5 0 % o f a g e n c i e s r e p o r t e d h a v i n g t o c h a n g e t h e i r p o l i c i e s t o i n c r e a s e t h e n u m b e r o f q u a l i f i e d c a n d i d a t e s . • 2 5 % o f a g e n c i e s r e p o r t e d h a v i n g t o r e d u c e o r e l i m i n a t e s e r v i c e s , u n i t s o r p o s i t i o n s d u e t o s t a f f i n g d i f f i c u l t i e s . F o r d e c a d e s , p o l i c e o f f i c e r s h a v e b e e n " c a l l e d t o t h e p r o f e s s i o n , " p a s s i o n a t e a b o u t t h e i r j o b s a f f e c t i n g t h e i r c o m m u n i t i e s . T o d a y , m a n y i n d i v i d u a l s w h o s e i n h e r e n t v a l u e s , t r a i n i n g , a n d c h a r a c t e r m a k e t h e m e x c e l l e n t c a n d i d a t e s f o r t h e m o s t c h a l l e n g i n g p u b l i c s e r v i c e p r o f e s s i o n s t h i n k , " I s p o l i c i n g a c a r e e r I r e a l l y w a n t ? " E v e n t h o s e w h o a r e a f e w s h o r t y e a r s Page | 146 2022-2023 Lake County Civil Grand Jury Final Report a w a y f r o m retirement are leaving departments despite having prime promotional opportunities. They sign up with new agencies for their last few years of work. A s a r e s u l t , l a w e n f o r c e m e n t d e p a r t m e n t s a c r o s s t h e c o u n t r y a r e w r e s t l i n g w i t h c h r o n i c c h a l l e n g e s i n p o l i c e o f f i c e r s ' r e t e n t i o n , r e c r u i t m e n t , a n d h i r i n g . T h e y continue to look for guidance, tips, smart ideas and solutions and how to fill the ranks, compete with other law enforcement departments for talent, and e f f e c t i v e l y r e b u i l d t h e h i g h m o r a l e a n d c u l t u r e t h e y o n c e h a d . One short term solution, appearing over the past two years, are hiring/bonus programs. For example, Phoenix, Arizona provides a $7500 bonus for new hires. Locally, Santa Rosa gives lateral position transfers a $25,000 bonus. Alameda is offering $ 7 5 , 0 0 0 f o r e v e r y e n t r y l e v e l o f f i c e r . I n c o m p a r i s o n , L a k e C o u n t y p r o v i d e s a $ 2 0 , 0 0 0 h i r i n g i n c e n t i v e l i m i t e d t o f e m a l e c o r r e c t i o n a l d e p u t i e s w i t h a s u n s e t o n c e a p r e - d e t e r m i n e d n u m b e r o f f e m a l e s a r e h i r e d . C u r r e n t l y , h i r i n g i n c e n t i v e s a r e $ 1 0 , 0 0 0 f o r d e p u t y s h e r i f f , d e p u t y p r o b a t i o n o f f i c e r , a n d w e l f a r e f r a u d i n v e s t i g a t o r , e i t h e r a c a d e m y g r a d u a t e s o r l a t e r a l s . Page | 147 2022-2023 Lake County Civil Grand Jury Final Report L a k e C o u n t y d o e s n o t h a v e a h i r i n g i n c e n t i v e f o r d e p u t y t r a i n e e s , h o w e v e r t h e y a r e w o r k i n g t o w a r d s a h i r i n g i n v e n t i v e f o r d e p u t y t r a i n e e s . A g a i n , w e b e l i e v e t h a t c r e a t i n g a p h i l o s o p h y o f " G r o w Y o u r O w n " w i l l n o t o n l y e n s u r e a p i p e l i n e o f p o t e n t i a l c a n d i d a t e s t h a t ' k n o w ' L a k e C o u n t y . M o r e o v e r , t h e y a r e c o s t j u s t i f i e d v i a t h e i r r e d u c e d o r i e n t a t i o n a n d t r a i n i n g t i m e . T h r o u g h r e s e a r c h w e u n c o v e r e d s e v e r a l t i p s a n d s t r a t e g i e s t o i m p r o v e p o l i c e o f f i c e r a t t e n t i o n r e c r u i t m e n t a n d h i r i n g . T h e y w e r e : 1. D e v e l o p a r e c r u i t m e n t p l a n 2. H o s t p r e - A c a d e m y p r o g r a m s f o r t e e n s a n d c o l l e g e s t u d e n t s 3. A s k o f f i c e r s t o i n v e s t t h e m s e l v e s i n r e c r u i t m e n t o r t h e i r a s s i g n e d d e p a r t m e n t 4 . U p d a t e t h e m a r k e t i n g m a t e r i a l s a n d o u t r e a c h s t r a t e g y 5. E n s u r e t h a t b a c k g r o u n d c h e c k s a n d d e p a r t m e n t r e q u i r e m e n t s a l i g n w i t h a c t u a l d e p a r t m e n t n e e d s 6. S i t d o w n a n d s p e a k t o y o u r o f f i c e r s 7. E n c o u r a g e y o u r o f f i c e r s t o e n g a g e w i t h t h e c o m m u n i t y 8. S t a y c o m p e t i t i v e 9. Improve communications from the top down and bottom up 10.P r i o r i t i z e t r a i n i n g F o r t u n a t e l y , p r i o r t o a n d a f t e r C O V I D , t h e p o t e n t i a l f e e d e r s t o l a w e n f o r c e m e n t c a r e e r s c o n t i n u e d t o e x i s t , t h o u g h c o n s t r i c t e d . For example, the Lake County Sheriff's Office Explorer Post shut down during C O V I D , a s d i d t h e C a l F i r e C i n d e r G i r l s p r o g r a m . I n J u n e 2 0 2 2 , t h e L a k e C o u n t y E x p l o r e r P o s t p r o g r a m w a s r e s t a r t e d . The Lake County Sheriff's OfficeExplorer program had to overcome their initial post-pandemic low enrollment. Fortunately, they were granted an exception by the Boy Scouts of America (BSA)sincetheydidnotinitiallymeettheminimumfiveenrollees. Theyproject that their enrollment will exceed the BSA minimum in 2023. The current criteria for the Lake County Sheriff's office Explorer program are: • B e b e t w e e n t h e a g e s o f 1 4 t o 2 0 y e a r s o l d • Maintain a 2.0 grade point average while attending school • B e o f g o o d m o r a l c h a r a c t e r • H a v e a c l e a r / c l e a n c r i m i n a l r e c o r d • Be able to attend bimonthly scheduled meetings • Be willing to volunteer time to extend Explorer functions Page | 148 2022-2023 Lake County Civil Grand Jury Final Report • Be willing to commit to the Explorer code and exemplify the professional image of the Lake County Sheriff's office Lake County has a Deputy Sheriff Trainee Program, with these qualifications: Successful applicants must meet the following criteria: 1. Current Permanent employee of the County of Lake in any capacity. 2. The equivalent of at least two (2) years of full-time, continuous County service from their most recent date of permanent hire. OR Three (3) years of work experience in a position requiring contact with the public is required. OR Graduation from a two-year college with an Associate's degree. Unfortunately, once a Lake County high-school graduate desires to become a member of the Lake County Sheriff's Office Deputy Sheriff Trainee program, they must be able to support themselves while fulfilling the education and/or experience requirements. However, there are solutions. In March 1989, 48 medium-sized police departments within the state of California were surveyed in order to determine current trends in the use of police cadet programs. The most significant question of the survey in terms of the issue of recruitment was "What Percentage of Cadets Successfully Complete Probation as S w o r n O f f i c e r s ? " N i n e t y - f i v e p e r c e n t r e s p o n d e d t h a t t h e i r a g e n c i e s w e r e experiencing success rate of between 80 and 100 percent for cadets who went on to become sworn police officers. March2022datafromtheNationalPoliceChiefs'Councilrevealtheaverage attrition rate is 9.1% with 2,567 leavers from 28,173 new recruits. The City of Boston and the State of Massachusetts has created a paid full- time, benefited cadet program for those between the ages of 19 and 25. The annual salary is $40,000 a year. Page | 149 2022-2023 Lake County Civil Grand Jury Final Report At one time, the Los Angeles Police Department had a Student Worker program that provided college students between the ages of 18 through 21 a paid internship (no benefits) for 20 hours a week during the school year and 40 hours a week during the summer. In 2017, replacing the LAPD's Student Worker program is the ACOP (Associate Community Officer Program). An Associate Community Officer is a civilian employee of the Police Department who performs a variety of law enforcement support duties under general supervision and performs related work as required. During the performance of job duties, Associate Community Officers may be rotated to varying assignments. ACOP is a program to employ young adults (ages 17 1/2- 23 years old) who have proven to be outstanding participants in LAPD's youth programs and have expressed the desire and commitment to join LAPD as sworn officers. The program was created to resemble a fellowship to provide future sworn officers with an enriching experience and connect them to the culture of the LAPD. This will provide participants with mental and physical education, mentorship, and a prestigious paid work opportunity. The program offers short- term employment (less than five years) to bridge the gap between young adults and the time when they are legally eligible to apply for the department. The ACOP's Minimum Requirements are:  Must be 18 Years of Age. You may apply at 17 as long as you turn 18 by the time of appointment.  U.S. Citizen or must be a permanent resident.  Be a participant from at least one of the following LAPD youth programs; Page | 150 2022-2023 Lake County Civil Grand Jury Final Report  Police Orientation and Preparation Program (POPP). Current participant or graduated within the last 12 months.  Police Academy Magnet School Program. A graduate within the last 2 y e a r s .  LAPD CADET Program. Current participant or past participant within 2 y e a r s ; OR Current enrollment in a College/University; OR  Current participation in a Community Based Organization (public or private non-profit organization providing services to underserved communities within the Los Angeles area); OR  Six months experience as a volunteer or intern with the LAPD and  Must have a written invitation from the LAPD Personnel Division. There are seven steps to becoming an LAPD ACO: 1. Application 2. Multiple Choice Test 3. Personal History Statement 4. Department Interview, Polygraph and PFQ (Physical Fitness Qualifier) 5. M e d i c a l E v a l u a t i o n 6. F i e l d I n v e s t i g a t i o n Field Investigation includes checks of employment, police, financial, education, and military records and interviews with family members, neighbors, supervisors, co-workers, and friends. The applicant is evaluated on past behavior and the extent to which the behavior demonstrates positive traits that support candidacy for an LAPD Police Officer. The Field Investigation provides time and opportunity to get in shape for the Academy. 7. Psychological Evaluation A u g m e n t i n g t h e L A P D A C O p r o g r a m i s t h e L A P D ' s P o l i c e C a d e t S c h o l a r s h i p F o u n d a t i o n . The ACOP program is currently funded for 50 participants. There are 36 current ACOP's who work 20 hours a week. Recently, 8 transitioned into full-time officers. The retention rate of the Associate Community Officer Program is 90%. The Sergeant-in-charge has offered to provide further assistance and guidance. Page | 151 2022-2023 Lake County Civil Grand Jury Final Report A successful program in Lake County should provide an economic bridge between ages 18 to 21, allowing residents to receive valuable exposure to its multiple departments and processes. Thereby, successful participants would havetheirDeputySheriffTraineetimeenhancedbythepreviousexposurethey received and would have officer orientation time significantly reduced, resulting in significant financial savings. FINDINGS
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  That the School Districts provide after-school programs that build skills and enhance growth. (F-7) Page | 202 2022-2023 Lake County Civil Grand Jury Final Report 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 Page | 203 2022-2023 Lake County Civil Grand Jury Final Report Page | 204 2022-2023 Lake County Civil Grand Jury Final Report Flooding In Upper Lake and the Hitch SUMMARY EffortstocontrolfloodinginUpperLakedatefromtheearlypartofthe20thCentury. 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 speciesundertheCaliforniaEndangeredSpeciesAct.InFebruary2023,theBoard ofSupervisorsofLakeCountyproclaimedthepotentialendangermentofthehitch. 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. Page | 205 2022-2023 Lake County Civil Grand Jury Final Report Two administrators of the Department of Water Resources in Lakeport were interviewed,aswellasaretiredbiologyteacherfromalocalcollege;andanactivist 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. Page | 206 2022-2023 Lake County Civil Grand Jury Final Report 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,floodfighting,andleveepatrolling. MaintenanceoftheCloverCreek 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 maintainthechannelimprovementsandCloverCreekinaccordancewiththe1960 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 CountyFloodControlandWaterConservationDistrict,operatesandmaintainsthe 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. Page | 207 2022-2023 Lake County Civil Grand Jury Final Report The area of concern continues to be the Middle Creek and Clover Creek diversion levees. Ifa100-yearfloodeventoccurred,theleveeswouldfailandapproximately 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. FloodinginUpperLake,specificallyatMaddoxCourtwherethewatersfromMiddle Creek and Clover Creek merge, not only inundated the courtyard but also flooded Main Street down to and including parts of Highway 20. Page | 208 2022-2023 Lake County Civil Grand Jury Final Report Thisyear,bythemiddleofApril,therehadbeenthreeatmosphericevents.Inorder 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 Diversionandimprovingthemtowithstanda100-yearfloodevent.Thisalternative addresses the freeboard (the distance between the normal water level and the top oftheleveerisingouttothewater)deficiencyandextendsCloverCreek’sleftbank by 1000 feet. Page | 209 2022-2023 Lake County Civil Grand Jury Final Report 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 from18ownerswithmoniesfromseveralsources.Thatincludes$15milliondollars fromtheCaliforniaDepartmentofWaterResources,inadditionto12milliondollars 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 Page | 210 2022-2023 Lake County Civil Grand Jury Final Report  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,andalsosavetheHitchistakingalongtime. Aprojectofthissizehasmany 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 referredtoasblue/greenalgae,areparticularlyharmfultoadults,children,animals and fish. Runoffs from agricultural properties and cannabis farms contain insecticidesandfertilizers.Thesearemeanttocontrolinsects,butaffectthehealth of crops, the hitch, and the lake. Page | 211 2022-2023 Lake County Civil Grand Jury Final Report SOLUTIONS FOR THE HITCH The CA Dept. of Fish and Wildlife (CDFW) has committed to ongoing coordination withClearLakeTribes;state,localandfederalresourceagencies;landownersand 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,HabematolelPomoofUpperLake,ScottsValleyBandofPomoIndians, MiddletownRancheriabandofPomoIndiansCalifornia,ElemIndianColony,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
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  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. Page | 254 2022-2023 Lake County Civil Grand Jury Final Report
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  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.
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  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. Page | 255 2022-2023 Lake County Civil Grand Jury Final Report COMMUNITY CAT MANAGEMENT FINDINGS
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  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. Page | 292 2022-2023 Lake County Civil Grand Jury Final Report Lake County HR Director response 933.05 (B) 1. The recommendation has been implemented, with a summary regarding the implemented action. Page | 293 2022-2023 Lake County Civil Grand Jury Final Report Not Your Grandpa’s Dump FINDINGS
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  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. Page | 255 2022-2023 Lake County Civil Grand Jury Final Report COMMUNITY CAT MANAGEMENT