200 S. Anaheim Blvd.
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Anaheim, CA 92805
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Fax: (714) 765-5280
www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: AUGUST 15, 2023
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: RESPONSE TO ORANGE COUNTY GRAND JURY REPORT
TITLED “GIMME SHELTER AND A POUND OF ADVICE, THE
STATE OF ANIMAL WELFARE OVERSEEN BY THE COUNTY
OF ORANGE” AND DIRECTION TO CITY MANAGER TO
SUBMIT REPORT TO PRESIDING JUDGE OF THE ORANGE
COUNTY SUPERIOR COURT
ATTACHMENT (Y/N): YES ITEM # 05
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Motion, approve and authorize the City Manager to execute the City Council’s response to the Presiding Judge of the Superior Court, prior to September 1, 2023 related to the 2022-2023 Orange County Grand Jury report titled “Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange”. The City Council’s approval of the proposed response will satisfy the requirements of California Penal Code Section 933(c).
BACKGROUND:
Orange County Animal Care (OCAC) provides a range of services to 14 contract cities, including Anaheim, and unincorporated areas of Orange County. In 2022, public discourse, on-going litigation, and petitions highlighted concerns about the conditions at the Orange County Animal Care shelter. The Grand Jury directly received 14 complaints leading to the subject investigation. The investigation conducted by the Grand Jury focused on three major areas: 1) management of the animal care shelter; 2) the welfare of animals in the care of the shelter; and, 3) communication and engagement with the public and animal rescue community.
A particular concern of the Grand Jury was the shelter’s termination of its Trap, Neuter, and Return (TNR) program for community cats. In early 2020, OCAC, at the direction of the County’s legal counsel, stopped its TNR program, due to the legal opinion that the program violates an anti-abandonment state law. OCAC continues to monitor on-going litigation around the state for rulings that may impact the state law.
Response to Orange County Grand Jury Report Entitled, “Gimme Shelter and a Pound of Advice” August 15, 2023
This report also analyzed data provided by the shelter to the Grand Jury, revealing a significant increase in euthanasia rates for dogs based on behavior. The rise in euthanasia rates for dogs suggests inconsistency in the assessment and evaluation of dogs for behavior-related euthanasia over time. Additionally, the increase in feline euthanasia rates seems to be linked to the discontinuation of the TNR program.
The report highlights the difficulties faced in hiring and retaining staff at the shelter, particularly in the animal care attendant positions. It criticizes the hiring practices as being cumbersome and lengthy, with little regard for the impact on animal welfare. The report emphasizes the need to fill staff vacancies more promptly and properly staff the shelter.
CITY RESPONSE OBLIGATIONS:
The Grand Jury report includes seventeen findings pertaining to the management, animal welfare, communication/outreach, and impediments to the investigation. The Grand Jury requested a response by member agencies, including Anaheim, to eleven of the seventeen findings. Staff does not believe that any of the findings are applicable to, or warrant response from, the City of Anaheim because they relate to internal OCAC operational challenges. The Grand Jury also requested a response by member agencies, including Anaheim, on Grand Jury Recommendation No. R6, below.
CITY RESPONSE TO GRAND JURY RECOMMENDATION NO. R6:
Grand Jury Recommendation No. R6: By June 30, 2024, the Board of Supervisors should evaluate the strategic option of creating a Joint Powers Authority for the County and fourteen contract Cities to take ownership and shared responsibility for the financial and operating policies and practices of OCAC.
Pursuant to California Penal Code Section 933 (c), the Anaheim City Council provides the following response to Recommendation No. R6:
Anaheim respectfully declines the recommendation to establish a Joint Powers Authority (JPA) for Orange County Animal Care. The City of Anaheim evaluates its commitment to Orange County Animal Care Services annually and will continue to do so through the contracting process. We are satisfied with the services provided to our residents, and the County consistently meets the performance measures set in the contract.
Creating a JPA would involve complex negotiations and coordination among multiple stakeholders, including the County and the 14 contract Cities. Such a process could lead to significant delays in decision-making and implementation, further exacerbating the current challenges faced by the shelter. Additionally, the establishment of a JPA may dilute accountability and responsibility, making it difficult to allocate resources, establish clear policies, and ensure effective oversight. Bureaucratic inefficiencies and conflicts of interest could hinder the ability to address the pressing issues at hand.
Response to Orange County Grand Jury Report Entitled, “Gimme Shelter and a Pound of Advice” August 15, 2023
Furthermore, the existing governance structure already enables collaboration and communication between the County and the contract Cities. It is crucial to consider the potential financial implications of establishing a JPA. Allocating resources to create and maintain a new governing body could strain budgets and divert funding from direct animal care and welfare initiatives.
Anaheim remains committed to working together with the County within the current structure, implementing necessary changes, and achieving the desired improvements in animal care while upholding accountability and efficiency.
CONCLUSION:
The Grand Jury’s Report and the proposed response to the Honorable Maria Hernandez, Presiding Judge of the Orange County Superior Court, are attached for the City Council’s information. Upon approval of this memorandum by Council, the City Manager will submit the proposed letter to the Presiding Judge, as required by Penal Code Section 933(c).
IMPACT ON BUDGET:
There is no budgetary impact as a result of responding to this Grand Jury Report.
Respectfully submitted,
Ted White
Director of Planning and Building
Attachments:
1. Orange County Grand Jury Report
2. Proposed Response Letter to the Honorable Maria Hernandez