Sex Trafficking: Hiding in Plain Sight

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) 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
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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) 2022-2023 Lake County Civil Grand Jury Final Report Page | 141
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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
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  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
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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. 2022-2023 Lake County Civil Grand Jury Final Report Page | 255
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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. 2022-2023 Lake County Civil Grand Jury Final Report Page | 256 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. 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
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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. 2022-2023 Lake County Civil Grand Jury Final Report Page | 256 COMMUNITY CAT MANAGEMENT