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Approve Responses to 2022-2023 Orange County Grand Jury Repo (2)
0ATINGT9 2000 Main Street, 4080%.,4torak,,P, Huntington Beach,CA o City of Huntington Beach 9 2648 ITEM TAABLBL ED 6-0-1 1-'' EB _ (BURNS-ABSENT) File #: 23-780 MEETING DATE: 9/19/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Capt. Ryan Reilly and Ingrid Ono PREPARED BY: Eric Parra, Chief of Police Subject: Approve Responses to the 2022-2023 Orange County Grand Jury Reports Related to Animal Welfare Statement of Issue: In June 2023, the Orange County Grand Jury released a report entitled "Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange." The City of Huntington Beach is required by California Penal Code Section 933.05 to respond to certain findings and recommendations in this report. A draft letter provided proposed responses for the City Council's consideration. Financial Impact: There is no fiscal impact associated with this action. Recommended Action: A) Approve the City's responses to findings and recommendations posed by the Orange County Grand Jury related to animal welfare; and B) Authorize the City Manager to submit the City's responses to the Presiding Judge of the Superior Court. Alternative Action(s): Revise draft language in the City's responses prior to submitting them to the Presiding Judge of the Superior Court. The City is required to submit a response to the findings and recommendations specified. Analysis: Each year, a new Orange County Grand Jury is impaneled to investigate complaints about local governmental agencies within Orange County, to audit those agencies, and to publish the findings City of Huntington Beach Page 1 of 2 Printed on 9/14/2023 powered by LegistarTM File #: 23-780 MEETING DATE: 9/19/2023 and recommendations resulting from its investigations. The grand jury also assists the District Attorney by hearing criminal cases for indictment. The Grand Jury is a judicial body empowered with investigative duties by the Superior Court of California and is composed of local citizens whose principal role is to be a "watchdog" over local government agencies, including special districts, to ensure that the County is being governed honestly and efficiently. For its 2022-2023 term, the Grand Jury investigated and issued a report entitled "Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange," requires a response from the City within 90 days of its release. The City previously sought an extension, providing additional time to provide a response, which has been drafted for Council approval. With City Council approval, staff will submit the responses to Presiding Judge of the Superior Court Maria Hernandez by the required deadline. Environmental Status: The requested action is an administrative activity of the City Council that would not result in direct or indirect physical environmental effects. As such, the requested action is not a project pursuant to Section 15378 of the California Environmental Quality Act (CEQA) Guidelines and no further CEQA review is required. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Orange County Grand Jury Report: "Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange" 2. Draft Response to "Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange" City of Huntington Beach Page 2 of 2 Printed on 9/14/2023 powered by LegistarTA9 I �0 Ikk ,..,--,.-....-is- / - '...: • -*T4-•-.1-- ' ''t. ..,..,, ,„'7';',.:: ,, . i ..,, , 'i<P le ,,.:.,, ,,,,,,,,,.., ‘ i, • fix'. .t. ss, OW gJ } Y •''�QR '`tee t.:.���ggq ty5} Af 3 * ,,.aiv a'.▪Yfi• � +., ' e. ''*'' :.'::4:::'It '* ditti.,N,1/4 S, Gimme Shelter and a Pound of Advice The State of Animal Welfare Overseen by the County of Orange U4 %1ir��ym 0 ILIFOStr- COUNTY OF ORANGE Grand Jury 2022-2023 Gimme Shelter and a Pound of Advice TABLE OF CONTENTS TABLE OF CONTENTS 2 TABLE OF FIGURES AND TABLES 3 SUMMARY 4 BACKGROUND 5 REASON FOR STUDY 8 METHOD OF STUDY 8 Interviews 8 Surveys 9 Site Visits 9 Key Documents 9 Documents Requested but Not Provided 10 INVESTIGATION AND ANALYSIS 10 Services and Facilities 10 Volunteer and Rescue Relations 12 Human Resources 13 Animal Care Attendants 14 Communication 16 Policies and Procedures 16 COVID-19 17 Facilitating Adoption 18 Spay and Neuter Overview 19 Trap, Neuter and Return 20 Euthanasia Report 22 Asilomar Reports 22 Analysis of OCAC Data 23 Dog Euthanasia: 25 Impediments to the Investigation 27 CONCLUSION 30 FINDINGS 31 Management 31 Animal Welfare 31 Communication / Outreach 32 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 2 OF 51 Gimme Shelter and a Pound of Advice Impediments to the Investigation ' 32 RECOMMENDATIONS 33 Management. 33 Welfare 33 Communication / Outreach 34 Impediments to the Investigation 35 REQUIRED RESPONSES 36 Findings— 90-day Response Required 37 Recommendations — 90-day Response Required 38 REQUESTED RESPONSEs 39 Findings— 90-Day Response Requested 39 Recommendations— 90-Day Response Requested 39 REFERENCES 40 APPENDIX 1 42 Table 1 - Adult Cat Euthanasia and TNR Rates by Quarter 42 APPENDIX 2 43 Table 3 - Dog Behavioral Euthanasia Rates by Quarter 43 APPENDIX 3 44 Orange County Grand Jury Animal Shelter Contract City Survey 44 APPENDIX 4 45 Orange County Grand Jury Independent City Shelter Survey 45 Appendix 5 46 OCAC 4th Quarter 2022 Asilomar Report 46 ABBREVIATIONS: 47 GLOSSARY: 48 DISCLAIMER 51 TABLE OF FIGURES AND TABLES Figure 1 - Map of Orange County 7 Figure 2 -Adult Cat Euthanasia Rates 24 Figure 3 - Dog Euthanasia Rates (Behavioral) 26 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 3 OF 51 Gimme Shelter and a Pound of Advice SUMMARY Orange County Animal Care has been a source of public concern since the 1990s, with no less than five previous Orange County Grand Jury reports detailing troubling conditions. The previous reports cited excessive euthanasia rates, poor leadership, inadequate numbers of animal care attendants, a lack,of cooperation between staff departments, the exclusion of kennel staff from euthanasia decisions, the lack of proper assessment of animals chosen for euthanasia, and low morale negatively impacting operation of the shelter. Recent public outcry citing conditions at the shelter, recent litigation, and publicly circulated petitions calling for changes at the shelter suggest the previously expressed concerns remain. In addition to these publicly voiced concerns, the current Orange County Grand Jury received direct complaints requesting an inquiry. The Grand Jury determined a renewed investigation was warranted. The investigation focused on three major areas of concern: the management of the shelter, the welfare of animals under shelter care, and the communication and engagement with the public and the 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, the shelter decided to stop its TNR program. The Grand Jury's investigation determined that termination of the TNR program had detrimental consequences for the welfare of the animals under the shelter's care. The elimination of the TNR program also has contributed to substantial public dissatisfaction and alienation that undermines the public's and the rescue community's relations with shelter leadership. During the Grand Jury's investigation, it was reported by the shelter's senior management that the termination of the TNR program resulted from an opinion rendered by the County's legal counsel. Understanding the reason leading to the decision to terminate the TNR program would be important for considering whether the program can and/or should be reinstated. Toward that end, the Grand Jury endeavored to obtain a copy of the opinion of the County's legal counsel by directing a written request to the Chair of the Orange County Board of Supervisors. While the Grand Jury recognizes that the opinion may enjoy confidentiality pursuant to the attorney-client privilege, the Board of Supervisors has the discretion to waive that privilege. The Grand Jury's request included its commitment to maintain the confidentiality of the opinion itself and its contents. Nevertheless, the request was declined, as was the Grand Jury's alternative request that the County simply identify the legal authority reviewed in studying the issue. Members of shelter management indicated their understanding the TNR program was terminated due to the opinion that the program violates a state law. The law makes it a crime to willfully abandon an animal notwithstanding that the program was designed to ORANGE COUNTY GRAND JURY 2022 12023 PAGE 4 OF 51 Gimme Shelter and a Pound of Advice return cats to their original location rather than releasing them to randomly selected sites. TNR programs are widespread throughout California, not to mention the nation as set forth in a report from the American Bar Association. The Grand Jury is unaware of any published court case determining that a bona fide TNR program is prohibited under the anti-abandonment statute. Given the important benefits to animals and the public provided by such programs, the Grand Jury believes it would be prudent for the County to revisit the propriety of the former program and consider obtaining a second legal opinion. This report highlights analysis of data provided to the Grand Jury by the shelter indicating that euthanasia rates related to dog behavior and to cats have increased significantly within the last two years. The increase in dog behavioral euthanasia rates suggests that there is inconsistency over time as to how dogs are being assessed and evaluated for behavior-related euthanasia. The increase in feline euthanasia rates appears to be correlated with elimination of the TNR program. This report also addresses the challenges in maintaining quality staff at the shelter, especially in the Animal Care Attendant positions. Hiring practices for the shelter are too cumbersome, lengthy and lack consideration of how those practices impact animal welfare. Animal Care Attendant staffing at the shelter is inadequate and Animal Care Attendant staffing vacancies need to be filled more quickly. This report discusses major deficiencies with each of the issues identified above and makes specific recommendations to help support a more engaged community. Status quo at the shelter is unacceptable. Appropriate remedial steps must be taken as animal welfare is paramount! Finally, this report comments on the difficulties the Grand Jury encountered during its investigation. Without explanation, the entirety of the Orange County County Counsel's office determined itself to be conflicted with the Grand Jury's inquiry into Orange County Animal Care. The investigation was hampered and slowed during the six weeks the Grand Jury was required to arrange for outside legal counsel. BACKGROUND Orange County Animal Care (OCAC) began operations in 1941 and was responsible for rabies and tending to lost livestock. In 1950, the population of Orange County was roughly 216,000. By January 2022, the estimated population was 3.1 million people. OCAC provides a myriad of services over a wide territory and variety of client needs and expectations. OCAC serves the unincorporated areas of Orange County and contracts its services to 14 client cities: Anaheim, Brea, Cypress, Fountain Valley, Fullerton, Huntington Beach, Lake Forest, Orange, Placentia, San Juan Capistrano, Santa Ana, Tustin, Villa Park, and Yorba Linda. The remaining cities in Orange County either have their own shelter or contract with other cities or non-profit groups to provide animal care and control services. The unincorporated areas of the county and the 14 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 5 OF 51 Gimme Shelter and a Pound of Advice contract cities have a combined population of approximately 1.8 million residents, greater than half of the total population of Orange County. In March 2018, a new shelter was opened on a 10-acre site at a cost of$35 million. The shelter includes a two-story, approximately 30,000 square-foot main building, six stand- alone kennel buildings, multiple dog play yards, a barnyard, and a rabbit housing area. OCAC can shelter up to 600 animals and is the single largest municipal animal facility in the western United States serving residents in one location. OCAC has 137 authorized staff positions. Approximately 21 staff are animal care attendants who are represented by the Teamsters Union. All other staff are represented by the Orange County Employees Association. Labor relations and contract terms must be taken into consideration while operating the shelter. OCAC, like most municipal shelters, relies upon a variety of rescue support groups and citizen volunteers to enhance animal welfare and outcomes. The relationship between shelter management, rescue groups, and volunteers has deteriorated in the last three years. The historical partnership between the shelter and rescue groups has become stressed due to a variety of reasons. The breakdown in communication, engagement, and trust between parties has negatively affected shelter operations. Most large municipal shelters are "kill" shelters, which are shelters where animals may be euthanized for any of a variety of reasons. Privately operated shelters and smaller municipal shelters tend to be non-kill shelters. Non-kill shelters may euthanize some animals in special cases, but generally do not euthanize animals. Large municipal shelters, owing to their size, capacity, public responsibility, operational mandates, and their positioning as "shelters of last resort," euthanize animals as a matter of course. Animals are euthanized for a variety of reasons, such as: • they suffer from irredeemable disease or injury, • they are of a species that represent a danger to the community, or • they are behaviorally unfit for adoption. Many shelters have Trap, Neuter and Return (TNR) programs. In accordance with these programs, feral and community cats are captured from their outdoor environment, taken to a shelter or veterinarian where they are neutered, and then returned to the location from where they were trapped. TNR programs serve to reduce colonies of feral and community cats in a humane manner and serve to manage and reduce this cat population. OCAC had a TNR program beginning in 2013 until early 2020 when it was discontinued. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 6 OF 51 Gimme Shelter and a Pound of Advice Figure 1 - Map of Orange County Cities Contracted with Orange County Animal Care .Brea Fullerton y'orha Linda •lacenti: •'° Cypress Anaheim 0 Villa Park 4pp'` Orange lile unincorporated area Huntington .Fountain' Ana Tustin ValleSiti Beach Lake Fores 44(rfilli Coto '� de le Las Flores San Juan Gaza illiCapistrano Ladera Ranch The map above shows the cities and unincorporated areas currently contracted with OCAC. All city contracts are not alike in that OCAC may provide partial services for some cities and full services for others. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 7 OF 51 Gimme Shelter and a Pound of Advice REASON FOR STUDY In 2022, the Grand Jury received 14 complaints about the Orange County Animal Care (OCAC) shelter. Many of those complaints were the same complaints addressed in five previous Grand Jury reports, including: • the shelter's unresponsiveness to community needs, • restricted public access to the shelter's kennels, • restricted opportunities to walk through the kennels and engage with adoptable animals, and • concerns related to inadequate staffing and volunteer levels. Complainants also expressed concerns about animal surrenders, a perceived increase in homeless cats with less spay/neuter availability, and the shelter's increased euthanasia rates. About the same time the Grand Jury was receiving public complaints about the shelter, a petition with thousands of signatures was delivered to the Orange County Board of Supervisors. The petition addressed the same concerns as the complaints received by the Grand Jury and demanded change in the shelter's appointment-only system and reinstatement of the shelter's TNR program. The Grand Jury also learned about a lawsuit filed by Elizabeth Hueg, Safe Rescue Team (a California 501(c)(3) nonprofit corporation), and Cats In Need Of Human Care (another California 501(c)(3) nonprofit corporation) seeking an injunction from the Orange County Superior Court for the assignment of a shelter monitor to oversee shelter operations. The 2022-2023 Grand Jury revisited OCAC because public discussion pointed to new and allegedly ongoing and unresolved concerns about shelter operations. The Grand Jury focused on current practices at OCAC to determine how well the needs of the animals, staff, and public are being met. METHOD OF STUDY The Orange County Grand Jury's objective is to provide an accurate portrayal of OCAC's current operations, culture, inner workings, and challenges. The Grand Jury investigation relied on interviews, public and shelter documents, surveys, site visits, and news accounts about the shelter. The information supporting the facts, findings, and recommendations in this report is corroborated, validated, and verified through multiple sources. Interviews The interviews conducted by the Grand Jury focused on an in-depth review of OCAC management, staffing, operating structure, animal care procedures, communications, animal care statistics, operating plan, organization structure, morale, the volunteer ORANGE COUNTY GRAND JURY 2022 12023 PAGE 8 OF 51 Gimme Shelter and a Pound of Advice program, relationship with rescue organizations, and complaints. Interviews included the following: • Management and staff from OCAC. • Current and former volunteers from OCAC. • Management from the OC Community Resources (OCCR) office. • Management from the Orange County Centralized Human Resources and OCCR Human Resources offices. • Community complainants from Orange County Grand Jury Public Concern Letters. • Retained outside legal counsel. • Leaders of Orange County city-managed shelters. • Animal advocates. Surveys The Grand Jury solicited feedback from the shelter's clients by surveying the 14 cities contracted with OCAC to provide animal care and control services. Questions in the survey were crafted to determine city satisfaction with the services provided and cost effectiveness, and to solicit any concerns city leaders, managers, and residents may have with OCAC. (Appendix 3) A second survey was directed to the five independent city-managed animal shelters in Orange County, soliciting information about their shelter operations, staffing, animal population, adoption procedures, and other challenges. (Appendix 4) Site Visits The Grand Jury conducted tours and site visits to the OCAC shelter: • One visit was a guided tour of the facility, during which the Grand Jury was provided behind-the-scenes access to observe conditions and observe shelter staff as they went about their daily routines. • A second visit was an anonymous visit by two members of the Grand Jury. The two members visited the shelter to experience, firsthand, guest services and the appointment process for adopting an animal. • A.third visit was an unscheduled visit to observe kennel cleaning and to gather additional documents and records. The Grand Jury also toured the City of Irvine Animal Shelter and the Mission Viejo Animal Services Center. Key Documents • Documents and information provided by OCAC: o Policy and Procedure Manual governing the Orange County Animal Shelter o Volunteer Program Manual ORANGE COUNTY GRAND JURY 2022 12023 PAGE 9 OF 51 Gimme Shelter and a Pound of Advice o Total number of volunteers who have served by year since 2018 o Organization Charts o Job Descriptions of all authorized and contracted positions o Statistics on animals under OCAC care, including adoptions o The OCAC Monthly and Quarterly National Shelter Statistics Project Data Matrix (2018-2022) o OCAC euthanasia records o OCAC Asilomar Reports • OCGJ cat and dog euthanasia statistical analysis derived from OCAC euthanasia records and OCAC Asilomar Reports • City Run Shelters and Contracted City survey responses and summaries • Reports from city-managed shelters • OCGJ Public Concern Letters • Legal briefs filed in the lawsuit against OCAC (Orange County Superior Court Case No. 30-2022-01282419-CU-WM-CJC) • Reports from five former OC Grand Juries: 1999-2000, 2003-2004, 2007-2008, and 2014-2015 (2 reports in 2014-2015) • OCAC Performance Audit responses (February 4, 2016) • American Bar Association legal opinion 102B, Tort Trial and Insurance Practice Section report to House of Delegates - Resolution No. 29N, pages 1 and 2 • California Penal Code Section 597s • OCAC Strategic Plan Executive Summary (January 22, 2018) - Strategic Priority, pages 1 to 4 • Association of Shelter Veterinarians Guidelines for Standards of Care in Animal Shelters Documents Requested but Not Provided • Daily census of all animals plus breakdown of number of cats and dogs from 2018 through 2022 (not provided by OCAC since it reportedly is not tracked). • Complaints and Grievance log. • The Grand Jury attempted, without success, to obtain a copy of OC County Counsel's opinion concerning the terminated TNR program. The Grand Jury's request to the Chair of the Orange County Board of Supervisors for a copy of the opinion was denied, as was an alternative request that the County simply identify the legal authority reviewed in studying the issue. INVESTIGATION AND ANALYSIS Services and Facilities The Orange County Animal Care (OCAC) shelter is the largest municipal shelter in the western United States serving residents in one location. The nature, size, and scope of the shelter adds complexity and unique challenges to its operation. The shelter employs 137 staff engaged in a variety of functions including animal sheltering and care, animal control, reuniting lost pets with their owners, veterinary services, licensing, adoption, marketing, public relations, and administration. Supporting the varied needs of over 1.8 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 10 OF 51 Gimme Shelter and a Pound of Advice million residents requires a substantial investment in facilities, infrastructure, personnel, organization, customer service, and public outreach. OCAC provides temporary shelter and medical care for "lost" owned or stray animals and opportunities for adoption of these animals. OCAC houses and provides medical care for impounded dogs, cats, and exotic animals. OCAC also provides animal control services that include removing dangerous non-domesticated animals where they pose a hazard to humans or other animals. OCAC is not a No-Kill shelter. OCAC euthanizes animals for several different and sometimes compelling reasons, including animals injured beyond redemptive medical care, behavior, species and breed, and age. The size and complexity of the shelter leads to numerous managerial and operational challenges. The shelter has space capacity to care for up to 600 animals; however, at times, the number of animals at the shelter exceeds shelter capacity. When capacity is exceeded, temporary capacity is created by moving cat cages into administrative areas such as the facility's training and conference room. On the day the Grand Jury toured the shelter, there were 450 animals. The Grand Jury was unable to obtain a full accounting of the average number of animals per day at the facility since OCAC only began keeping daily animal census records in December 2022. However, the Grand Jury was able to estimate average daily cat and dog count from the shelter's Asilomar reports. Average daily cat and dog count based on quarterly Asilomar data for the years 2021 and 2022 was between 350 and 400 cats and dogs. Actual daily counts will vary from the average and counts vary with the seasons. The Grand Jury surveyed the cities being served by OCAC. Most cities expressed satisfaction with the services provided by the shelter. During interviews with the Grand Jury, shelter management voiced the challenge of expanding and enhancing services versus the willingness of contract cities to pay for additional services. Shelter management expressed the need to balance services with the cost consciousness of their contract cities and the county budget, while also providing a level of service expected by the public. Shelter management expressed awareness that contract cities have alternative service options if the prices charged by OCAC for its service are beyond city expectations or budget. From 1995 through 2016, the California Department of Public Health (CDPH) collected and published data from California's animal shelters. Currently, CDPH does not keep or compile comprehensive data on animal shelters operating within the State. Out of concern for crowding and high euthanasia rates, animal welfare groups within the State have pressed for legislative action in Sacramento. In January of 2023, Assembly Bill 332, called the "Shelter Animal Collection Data Act," was introduced by Assemblyman Alex Lee (D-San Jose) and coauthored by Assemblywoman Marie Waldron (R-Valley Center). Assembly Bill 332, if adopted, would require shelter data collection and reporting that piggybacks onto current rabies reporting mandates. The bill would further require CDPH to collect and publish animal shelter intake and outcome data, including adoption, redemption, euthanasia, and other categories. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 11 OF 51 Gimme Shelter and a Pound of Advice Volunteer and Rescue Relations Most animal shelters rely on a host of shelter volunteers to help with the care and enrichment of the animals under supervision, and they also rely on private rescue organizations (rescues) to help with the adoption process and fostering. OCAC is no exception. Shelter volunteers help by assisting shelter staff with animal care, socialization, and enrichment; community outreach and events; conducting tours; greeting shelter visitors; and assisting with shelter adoptions. Volunteers are often the ones who walk the dogs, work with their socialization, and foster kittens without mothers. The volunteer program is vital. Rescue organizations help by accepting animals from the shelter and facilitating adoptions or placing animals in foster care for eventual adoption. Rescues help relieve the shelter of overcrowding. These organizations benefit animals by facilitating adoptions or placing them in foster homes with enriched social environments greater than the shelter can reasonably provide. The coordinated efforts of shelter staff, volunteers, and rescue organizations are vital to OCAC's success and the welfare of animals under its care. OCAC has been challenged by both inadequate staffing and strained collaboration between the shelter, volunteers, and rescues. Some challenges are the result of the recent COVID-19 crisis, when the volunteer program was shut down in response to County health mandates. Other challenges are due to some rescue organizations' responses to changes in shelter organization, operation, and procedures within the last 2 to 3 years. Moreover, some organizations report recent funding challenges that limit their ability to fully assist the shelter with its animal welfare mandate. Funding has been especially challenging for rescues since COVID-19. The shelter's volunteer program was not restarted until late 2022, although state COVID- 19 restrictions were lifted June 15, 2021. Unfortunately, restarting the program required more than calling all volunteers back from COVID-19 isolation. Some former volunteers have not returned because they have moved on with their lives. Some volunteers have not returned because of their dissatisfaction with recent changes in organization, operation, and procedures at the shelter. However, some volunteers have returned, and more are being recruited to form the foundation for a re-energized volunteer program. Relationships between the shelter and some rescues remain strained. Leadership changes within the past three years, changes in circumstances at the shelter, and the shelter's response to COVID-19 resulted in changes to shelter priorities and practices to which some rescues object. Some changes were precipitated by differences in priorities and concerns that came with the change in shelter leadership, some changes were in response to COVID-19 restrictions and concerns, and one change came as the result of the shelter's response to a threat of litigation by a lone animal activist from outside Orange County challenging the shelter's TNR program. Strained relations between OCAC and rescue organizations are detrimental to the operations of the shelter and ultimately to the welfare of animals under the shelter's care. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 12 OF 51 Gimme Shelter and a Pound of Advice To operate at its highest potential, OCAC needs to have a good working relationship with the rescues. Rescues want to have a good working relationship with OCAC. During Grand Jury interviews, both management at OCAC and representatives of rescues indicated a desire to work to resolve their differences, and both expressed the welfare of the animals as being their highest priority. OCAC will benefit if it has a robust outreach program to continually recruit volunteers and will benefit by engaging with the rescue community to mend the fractured relationship that has developed between them. Human Resources The OCAC shelter is a 24/7 facility that requires adequate staffing during all hours to meet the highest standards of animal welfare. Continuity of leadership at the OCAC shelter has been a challenge over the past four years with turnover in management and supervisorial staff level positions. Over the past four years, two executive directors have been hired with interim leadership having to be provided on two separate occasions. The Chief Veterinary position went unfilled for months until the current Chief Veterinarian was brought onboard in May 2022. Between September 2021 and May 2022, the shelter did not have a chief or a staff veterinarian and services were provided by one contract veterinarian. OCAC is under the direction of OC Community Resources (OCCR). However, day-to- day human resource and recruitment support for the shelter is performed by OC Human Resource Services (OCHRS). OCHRS provides separate, targeted human resource support for OCAC's recruitment, labor relations, and employee relations needs. Personnel turnover in critical job categories, such as kennel attendants, can add huge pressure to the remaining staff. Vacancies in critical positions strain shelter operations and impact animal welfare. There are currently 21 allocated Animal Care Attendant positions out of the 136 shelter staff positions. The 21 animal care attendants are assigned to fill the shelter's attendant needs over the 7-day shelter week. There is reason for concern and urgency when even one Animal Care Attendant position goes unfilled. County policies and practices exacerbate high turnover and make filling vacant positions difficult. Current county practice allows an employee to promote out of their shelter position, or any position, at any time, even while they are still within their probationary period. The ease and fluidity of transitioning adds to the shelter's understaffing and staffing volatility. Staff vacancies, which have been as high as 23%, negatively impact shelter operations and have taken as long as six months or longer to fill. Delays in filling staff positions disrupt shelter operations. Delays have resulted in qualified candidates declining job offers because they have accepted other positions. Animal Care Attendant and Veterinarian positions are particularly critical and vital to the welfare of the shelter's animals. While OCCR has taken some steps to correct hiring delays, there needs to be an increased sense of urgency when posting and filling critical vacant positions. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 13 OF 51 Gimme Shelter and a Pound of Advice As a unionized organization, limitations exist which impact the assignment of human resources within the shelter's organization and daily operations. Staff are siloed into operational categories and job functions, which limits managerial flexibility in their ability to respond to special operational needs. An inflexibility in management's ability to respond to vacancies in Animal Care Attendant staffing is one such example. Staffing limitations and operational inflexibility has resulted in instances of inefficient allocation of shelter human resources. Moreover, labor rules limit shelter volunteers from performing certain duties that must be performed by shelter employees. Volunteers are drawn to the shelter out of a desire to work and care for the animals. Restricting volunteers from lending a hand when they see the need is disheartening to the volunteers. Animal Care Attendants Animal care attendants at OCAC provide the direct, daily care of the animals. They attend to several areas of responsibilities: • Intaking animals brought to the shelter by the public or impounded by animal control or the cities, entering information about the animal into the shelter's data base, and taking pictures of the animals. • Feeding and watering of all the shelter's animals — domestic, exotic, and wild. • Cleaning and disinfecting kennels, cages, corrals, and equipment and maintaining. the general cleanliness of the shelter's kennel facilities. • Monitoring, documenting, and reporting on the health and well-being of sick, exotic, and quarantined animals; reporting any abnormalities or changes in condition to veterinary staff. • Assisting with animal adoptions, including providing counseling on breed characteristics, matching and introducing the appropriate animal to the potential adopter, and instructing adopters in basic animal care. • Grooming the animals for the health and comfort of the animals. • Responding to public inquiries about legal retention, adoption procedures, basic animal care, and behavior. Animal Care Attendants may be assigned into any one of three areas of responsibility: Intake, Cat Team, or Dog Team. Usually, Intake has two Animal Care Attendants assigned to it; they may receive 30 to 60 animals per day. The Cat Team is responsible for the kennel areas housing cats, kittens, rabbits, guinea pigs and other animals. Their duties include cleaning and feeding, enrichment, adoption and the other activities discussed above. The Dog Team is responsible for the kennel areas housing dogs. Their duties include cleaning and feeding, enrichment, adoption and the other activities noted above. In 2016, OCAC brought in professional consultants to provide recommendations for a 2018 Strategic Plan. One of the consultant's recommendations was for the shelter to increase staffing allocation to 26 Animal Care Attendant positions. OCAC did not implement that recommendation. Additionally, the consultant recommended the shelter follow the Association of Shelter Veterinarians (ASV) Guidelines for Standards of Care in Animal Shelters. Those practices include National Animal Control Association (NACA) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 14 OF 51 Gimme Shelter and a Pound of Advice guidelines and the Humane Society of the United States (HSUS) guidelines (which is the current standard). The allocation of Animal Care Attendants at OCAC is insufficient for the shelter to meet industry standards for level of care. NACA and HSUS recommend a minimum of 15 minutes of care per day per animal for feeding and cleaning each animal housed in the shelter; 9 minutes for cleaning and 6 minutes for feeding and watering. There are currently 21 Animal Care Attendant positions allocated at the shelter. Three positions were vacant as of May 1, 2023. A normal Animal Care Attendant daily shift at the shelter is 10 hours, of which the attendants are expected to spend half their time cleaning, feeding, and watering the animals and half their time attending to other responsibilities, including those responsibilities noted above. Half the Animal Care Attendants work from Wednesday through Saturday and the others work Sunday through Wednesday. Animal Care Attendants spend about 4'/2 hours cleaning and feeding the animals each day. The Grand Jury evaluated the Animal Care Attendant's workload during the four-month period between December 4, 2022 and April 10, 2023. Individual Animal Care Attendants cared for 48 animals per shift on average and in some cases up to 90 animals per shift. Conservatively, Animal Care Attendants at the shelter spend less than 6 minutes on average per animal attending to cleaning and feeding, which is much less than the 15 minutes recommended by the NACA and HSUS guidelines. Of note, the four-month period reviewed by the Grand Jury is not the shelter's busy season. During kitten season, the cats and kittens alone can number up to 500 to 600 cats and kittens per day. The Grand Jury could not evaluate daily census records prior to December 4, 2022 because OCAC did not keep daily animal census records prior to that date. There are still other needs the animals have, such as time for animal enrichment which is required daily. The other half of the Animal Attendant's shift is devoted to picking up animals from intake, showing animals for potential adoptions, walking dogs, stocking supplies, washing dishes or other non-direct animal care tasks. ASV Guidelines stress enrichment should be given the same significance as feeding, watering, and veterinary care. Successful enrichment programs prevent the development and display of abnormal behavior and provide for the well-being of the animal. Regular positive daily social interaction with humans is essential for both dogs and cats. Animals need daily walking, playing, grooming, petting, etc. OCAC's 2018 Strategic Plan called for all sheltered dogs and cats to receive appropriate daily enrichment tailored to their needs. The Grand Jury found that other shelters in Orange County walk their dogs several times per day and provide numerous opportunities for enrichment. At the OCAC shelter, dogs are not always walked daily. Instead, animal care attendants only walk dogs every other day, as time permits. The Grand Jury recognizes that resources are limited, but the shelter must prioritize the welfare of the animals over other shelter operation considerations. This puts pressure on management to operate the shelter efficiently. Other animal care facilities report 50% of ORANGE COUNTY GRAND JURY 2022 12023 PAGE 15 OF 51 Gimme Shelter and a Pound of Advice their staff provide direct care to their animals. At OCAC, only 15% of staff provide direct care. The Grand Jury recommends a review of the current allocation of positions within OCAC. OCAC has 137 budgeted staff positions of which only 21 positions provide direct care to the animals. Assigning adequate resources to the direct care of the animals must be a priority as the health and welfare of the animals is the shelter's primary charge. The current allocation of Animal Care Attendant positions is insufficient. Communication The shelter's organizational challenges are numerous; many challenges are systemic, but some are self-inflicted. With many constituents, such as shelter staff, volunteers, rescue organizations, and the public at large, robust communication programs are essential to addressing the concerns and needs of both internal and external audiences. Collaboration and communication within the shelter are lacking. Departments within the shelter are siloed. Staff within departments focus solely on their duties and responsibilities and are not encouraged to think of their efforts as being part of a "Big Picture." Morale is reported to be low. Workplace rules and position classifications tend to discourage a collaborative mindset. In March 2015, the Orange County Office of the Performance Director issued a report on the OCAC. The OC Auditor noted that, among other things, the shelter was not holding regular "all-hands" staff meetings. The Auditor recommended that the shelter hold meetings at least every quarter. The 2014/2015 Orange County Grand Jury report of the OCAC made the same recommendation. The response from OCAC to this Grand Jury report was that all-hands meetings were implemented. However, all-hands meetings currently do not occur at any regularly scheduled interval. Although shelter staff have a general sense of shelter operations and functions, the shelter is a siloed work environment. Without regularly scheduled all-hands meetings, staff have little opportunity to hear and be heard by shelter leadership and for management to communicate a consistent message. Shelter volunteers are limited to a program that effectively segregates them from shelter staff and management. Volunteers have little to no voice or effective input into the shelter's decision hierarchy. Policies and Procedures The Grand Jury found that the shelter's Policies and Procedures manual does not undergo regular internal review. There are policies and procedures in the manual that do not reflect current shelter practices. Additionally, there are important shelter practices and functions that are not addressed or are inadequately documented within the manual. There are some policies and procedures in the manual addressing programs that are no longer relevant or where the manual describes practices that are outdated. It is evident some policies and procedures in the manual have from time to time been inserted or revised, but those cases appear to be done on an ad-hoc basis and are not methodical. Individual policies and procedures documented in the manual are annotated with the date they became effective and, when applicable, revised. However, there is nothing to ORANGE COUNTY GRAND JURY 2022 12023 PAGE 16 OF 51 Gimme Shelter and a Pound of Advice indicate when or if a policy or procedure has been contemporarily reviewed and determined to be relevant, accurate, and applicable. Some policies and procedures in the manual were written as long ago as the late 1970s with revisions in the mid-2000s. There is no indication that any particular policy or procedure has been reviewed as current and appropriate, or by whom, or when. Operating a shelter without up-to-date, reliable policies, procedures, and guidelines make formal training difficult, if not impossible, and results in inconsistent operating protocols and practices. More importantly, when new staff are hired, training becomes "on the job training" and subject to inconsistency. With the high level of turnover at the shelter, it is all the more important to ensure policies and procedures are up to date. COVID-19 The impacts of COVID-19 on shelter operations should not go unacknowledged. Shelter operations were severely strained as state and county COVID-19 restrictions were put into place. The shelter was effectively closed to the public. Emergency protocols and practices were put into place to ensure the safety of the public and OCAC staff. Leadership had to manage a 24-hour shelter, with many members of the staff required to work on site. Work shifts and resources had to be juggled to ensure staffing was sufficient and personnel were kept safe. Within the limits of the shelter's staffing allocation, management created a Team A/Team B system that isolated one half of the staff from the other half of the staff. Staff came into work only during those days and hours their assigned team was scheduled. Extraordinary sanitation protocols were put into place. Nevertheless, when COVID-19 illnesses did occur, management and staff rose to the occasion, working flexibly and cooperatively to prioritize the care of the animals. Both shelter leadership and staff are to be commended for managing shelter operations through a difficult time. Unfortunately, the volunteer program was suspended during COVID-19 restrictions and engagement with rescues was significantly impacted. The volunteer program was slow to be restarted. Shelter management could and should have anticipated the end of COVID- 19 restrictions and worked toward reinstating the shelter's volunteer program much earlier than late 2022. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 17 OF 51 Gimme Shelter and a Pound of Advice Facilitating Adoption ,,$„ „ , tl C 4. , ..,,clii;',.4.1:'%:' ;=,,1 '":- , -,_ ...." -„:_i ' z'- : tti j�S' <� Q kt a i = ,w'. use t `a.s�ss� ;, al,�, .u '. During COVID-19, most animal shelters, including OCAC, closed or restricted their shelters to public access, including stopping all public walk-in visits. Prior to COVID-19, the adoption process at the shelter was relatively open. The public was at liberty to visit the shelter at their convenience without an appointment. The cat and dog kennels were mostly open to public viewing where a potential adopter could experience first-hand the size, look, and manner of a potential adoptee. Volunteers and staff were available to facilitate an intimate meeting where humans and animals could interact and bond. The experience was unconstrained, spontaneous, instinctive, and natural. OCAC previously had an animal behaviorist who worked with stressed animals to facilitate their adoptability. OCAC eliminated the animal behaviorist position. Other animal shelters in Orange County have animal behaviorists working with their animals to facilitate adoptability. During COVID-19, public adoptions were carried out by appointment only and computer facilitated. The public was required to schedule an appointment to visit the shelter. Up to three animals could be selected on the shelter's website from photographs and biographical information about the animals. A one-on-one meet-up with the animal(s) followed. People without computer access could use the shelter's computer kiosk to select an animal, but by appointment only. If a suitable animal was not found among the animals selected via computer, kennel staff might make recommendations to the potential adopter. Currently, the adoption process is less restrictive than during COVID-19 but remains more restrictive than pre-COVID-19. The current appointment system is restrictive and ORANGE COUNTY GRAND JURY 2022 12023 PAGE 18 OF 51 Gimme Shelter and a Pound of Advice does not provide prospective adopters viewing access to all available adoptable animals. The shelter has opened to limited walk-ins on a stand-by basis when there are openings in the appointment schedule and when staff are available to assist. All potential adopters, appointments, and walk-ins are still required to use the shelter's website to pre-select potential adoptees prior to a one-on-one meeting. The kennels are still off-limits to all visitors. OCAC leadership expressed concern about bites to visitors as the primary reason for restricting kennel access. The shelter experienced a marked drop in bites coincidental with the closure of the facility to the public when COVID-19 restrictions were implemented: • 2019 — 23 bites • 2020 — 7 bites • 2021 — 3 bites • 2022 — 2 bites (as of December 23) However, not all dogs are bite risks and there is space throughout the kennel facilities to provide for public viewing. Public safety is important, however, dogs representing bite risks can be segregated, and supervised viewing is a viable option. Shelter leadership said that public viewing within the kennels stresses the animals and that restricting access keeps the animals calm. However, to address that concern, dogs prone to excitability and stress can be secluded, and supervised viewing is an option. Spay and Neuter Overview As mentioned earlier, the population of Orange County in 1950 was about 216,000. Today the contract cities and unincorporated county areas served by OCAC has a population of approximately 1,800,000. With the population increase comes an increase in the number of dogs, cats, and other pets. Euthanasia of animals at the shelter is a challenging problem confronting OCAC and pet owners. In most cases, members of the public either bring lost animals to the shelter to be reunited with their owners or bring their own animals to be adopted to new homes. Few people bring animals to the shelter to be euthanized. One reason OCAC has so many animals and a high incidence of euthanasia is that many pet owners do not spay/neuter their pets and thereby allow them to reproduce beyond the owner's ability to care for the offspring. Uncontrolled reproduction is a factor in the high population of dogs and especially cats. According to a 2011 report by the North Shore Animal League of America, each day over 70,000 puppies and kittens are born in the United States, and because of overpopulation, more than 3.7 million animals are still being euthanized each year across the country. The absence of TNR at the shelter has seriously increased the rate of euthanasia of cats, especially kittens, who are not old enough or healthy enough to adopt. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 19 OF 51 Gimme Shelter and a Pound of Advice - . _ -, x; 3,',. -- °°tL+ ,,.+5-• -- ; � � '� • ., Y 4 . yx -___ !.... _"I v. + .. . _. .'a- ,..i +:tw - ..`_7 Many communities incentivize sterilization of pet dogs by significantly lowering the cost of dog licenses for sterilized dogs in their city. Generally, community shelters and rescue organizations will only allow spayed/neutered animals for adoption or require the new owner have the animal spayed/neutered as part of the adoption process. Some complaints received by the Grand Jury assert that the public has requested low/no cost spay/neuter assistance from OCAC without success. OCAC does not offer low or no cost spay/neuter clinics or events but does list on its website feral cat low cost spay/neuter resources. However, the Grand Jury found that some of the listed phone numbers are incorrect and for those that are correct, some of the listed prices are incorrect. Providing a low/no cost spay/neuter clinic would provide ea great service to the community, decrease overpopulation of animals, and decrease the potential euthanasia of cats and dogs. Trap, Neuter and Return OCAC began a pilot Trap, Neuter, and Return (TNR) program for cats in 2013 and over the following years saw cat intake and euthanasia decrease dramatically. TNR has been shown to be the most humane, efficient way of stabilizing feral and community cat populations. TNR is an animal control program practiced by many animal shelters throughout the United States and the State of California. Prior to April 2020, the Orange County Animal Shelter had an active Trap, Neuter, and Return program. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 20 OF 51 Gimme Shelter and a Pound of Advice 44,4v' „s: rvn OCAC's TNR program was a cooperative endeavor that depended and relied on the efforts of participating non-profit rescue organizations and individual members of the community. Both OCAC and community participants worked together to make the TNR program successful. Non-profits and interested members of the animal welfare community performed the field work necessary to trap feral and community cats and transport the cats to the shelter. OCAC received the animals, performed the spay and neuter procedure, vaccinated the animals, and treated them for injuries or disease. When the animals were healthy, fit, and ready for return to their outdoor home, the same non-profit organization or community members retrieved the cats from the shelter and returned them to the same location from which they were trapped. OCAC only provided TNR related services within its shelter facility and did not participate in locating, trapping, or returning the animals to the location from where they were trapped. However, OCAC played an integral role in the TNR process. When OCAC's participation in the TNR program ended, TNR within the county effectively ceased. OCAC's TNR program was popular among many local animal welfare groups and individuals and is a necessary element to the continuance of a viable TNR program throughout the county. The Grand Jury recognizes there is disagreement among animal control and welfare advocates whether TNR is effective in reducing feral and community cat populations, whether TNR serves the best interest of the individual animal, and whether TNR is an environmentally sound practice. In Orange County at least, there apparently is also disagreement whether TNR programs violate a provision of the California Penal Code dealing with malicious mischief. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 21 OF 51 Gimme Shelter and a Pound of Advice California Penal Code Section 597s states: (a) Every person who willfully abandons any animal is guilty of a misdemeanor. (b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game. As best as the Grand Jury can determine, the validity of California Penal Code Section 597s or its interpretation or application has never been adjudicated in a reported California court decision. According to a report published by the American Bar Association, it is questionable whether a bona fide TNR program, in which animals are returned to the same location where they were trapped, constitutes willful abandonment. In or about late 2019/early 2020, OCAC received a cease-and-desist complaint demanding that it end its participation in the TNR program. OCAC referred the complaint to OC County Counsel. County Counsel reviewed and responded to the referral in an opinion. The Grand Jury went to great lengths to obtain a copy of County Counsel's opinion, to no avail. The Grand Jury requested a copy of the opinion from OCAC, the County Counsel, the Orange County Board of Supervisors, and Orange County Public Resources. As of the publication of this report, the Grand Jury was not able to acquire a copy of County Counsel's opinion. The Grand Jury was informed that OCCR and OCAC management were advised they could be held personally liable for any legal action arising out of continuance of the TNR program. OCAC's TNR program was terminated in or about April 2020. Euthanasia Report OCAC keeps detailed records of each animal it euthanizes. The Grand Jury reviewed a comprehensive list of all euthanasia outcomes at the shelter spanning the period August 19, 2018 through December 4, 2022. The shelter euthanized 11,143 animals during that period. Of the euthanized animals, 5,123 were identified as either domestic cats or dogs. (Feral cats are classified as domestic animals.) The remaining 6,020 euthanized animals included other domestic and/or non-domesticated animals. OCAC's records identify every euthanized animal's date of euthanasia, estimated age, sex, species, breed, and the reason for euthanasia. Estimated animal ages span one day to 50 years. Species span domestic cats and dogs to domestic and/or non- domesticated animals such as snakes, birds, opossums, bats, rabbits, raccoons, skunks, lizards, rats, squirrels, coyotes, deer, and more. Reasons for euthanasia are varied and include irredeemable suffering, Head Test (rabies), disease, behavior, age, species (public safety), and owner request. Asilomar Reports In 2004, leaders representing national organizations and industry stakeholders gathered to find common ground in the animal welfare field. Together, they wrote the Asilomar Accords, which establishes common definitions and a standardized way of reporting shelter statistics.Asilomar reports are statistical reports that animal shelters compile documenting their animal intakes and outcomes. The reports are aggregated into a national Shelter Animals Count National Database. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 22 OF 51 Gimme Shelter and a Pound of Advice OCAC compiles records and participates according to the Asilomar Accords data collection methods. The shelter publishes its Asilomar reports on its website. OCAC's data includes statistics on monthly (pre-2021) and quarterly (post-2021) cat and dog intake and outcomes such as adoptions, transfers, returns to owner, and euthanasia. Analysis of OCAC Data The Grand Jury reviewed euthanasia and Asilomar outcomes to evaluate whether termination of the TNR program may have had any impact on euthanasia rates at the shelter. Possibly confounding the issue is the fact that COVID-19 restrictions were put into place about the same time the TNR program was terminated. Figure 2 shows quarterly OCAC Asilomar adult cat TNR outcomes and adult cat euthanasia outcomes from the 3rd quarter of 2018 through the end of 2022. TNR rates are represented as a percent of total Asilomar outcomes. Euthanasia rates are represented as a percent of total Asilomar outcomes net of TNR outcomes. Juvenile cats are not included in the review because the shelter's juvenile cat population varies widely with the season and, moreover, juveniles are not candidates for TNR. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 23 OF 51 Gimme Shelter and a Pound of Advice Figure 2 - Adult Cat Euthanasia Rates Adult Cats Euthanized vs.Adult Cats TNR as a%of Total Asilomar Outcomes* 60% TNR program terminated Calif.Covid Restrictions End and Calif. Covid Restrictions �-- 50% Begin -i i t ' t d' t Average=28.8% 40% a ,' t � l t 5% /' t < t 30% �.. g. t , 20% .... t 10% e *Adult cats-euthanized as a% Average=20.9% Asilomar outcomes net of TNR outcomes. 0% Q3 Q4 Q1 Q2 Q3 Q4 Q1 i Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 ' 2018 ' 2019 2020 2021 2022 -+—Adult Cats Euthanized - -TNR Figure 2 illustrates that adult cat euthanasia rates increased at OCAC following the termination of the TNR program and the beginning of COVID-19 restrictions. The average adult cat euthanasia rate in the period from the 3rd quarter of 2018 through the 1st quarter of 2020 (pre-TNR termination and COVID-19 restrictions) was 20.9%. The average adult cat euthanasia rate in the period from the 2nd quarter of 2020 through the end of 2022 (post-TNR and COVID-19) was 28.8%. The increase in the rate of adult cat euthanasia following TNR/COVID-19 is 38% over the previous period. The increase is statistically significant. (See Appendix 1) Comparing adult cat euthanasia rates pre-TNR and post-TNR ... the termination of the TNR program correlate to an increase in adult cat euthanasia rate at the shelter. To evaluate whether circumstances related to COVID-19 accounted for the increase in euthanasia rates, the rates from the post-COVID-19/post-TNR termination were compared to the rates pre-COVID-19/pre-TNR termination. Again, the average adult cat ORANGE COUNTY GRAND JURY 2022 12023 PAGE 24 OF 51 Gimme Shelter and a Pound of Advice euthanasia rate before COVID-19 and during the TNR program was 20.9%. The average adult cat euthanasia rate after COVID-19 restrictions were lifted but still during the termination of the TNR program (Q3 2021 — Q4 2022) was 25.4%. The increase in the rate of adult cat euthanasia following termination of the TNR program but after COVID- 19 restrictions were lifted is 21% over the pre-TNR termination/pre-COVID-19 restrictions rate. Again, the increase is statistically significant. Comparing adult cat euthanasia rates pre-TNR and post-TNR and pre- and post-COVID- 19 restrictions, it appears both COVID-19 restrictions and the termination of the TNR program correlate to an increase in adult cat euthanasia rate at the shelter. Dog Euthanasia: OCAC euthanizes animals for a variety of reasons, including but not limited to injuries beyond redemptive medical care, age, and behavior. When OCAC euthanizes a dog for medical reasons, the Chief Veterinarian or a staff veterinarian must approve the procedure. In the case of behavior-related euthanasia, approval is determined by a five- member Behavior Evaluation Committee. OCAC euthanizes dogs that are determined to have irredeemable behavioral issues, including displays of aggression toward people or other animals, bites, and severe kennel stress. The five members of the Behavior Evaluation Committee include staff members representing Field Operations, Animal Services Operations, the Community Outreach team, the Chief Veterinarian, and a representative from senior management. While there are five staff members represented on the Behavior Evaluation Committee, only three participants are voting members. The Chief Veterinarian and the member from senior management serve only as advisory members. A majority of the three voting members of the committee must approve a behavioral euthanasia —that is, at least two of the three voting members must approve. OCAC's Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior-evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. The voting members of the Behavior Evaluation Committee may evaluate behavior based on their own observations and/or on the written reports of other staff members. The voting members are not required to directly observe a dog's behavior, and in some cases have not made direct observation, but they do have access to video documentation of a dog's behavior. Voting members come to their own conclusions based on their own understanding of dog behavior and rehabilitative potential. OCAC does not have a professional licensed, trained, or certified animal behaviorist on staff to oversee the dog enrichment programs, resulting in dogs with declining behavior being placed at greater risk of being euthanized. Voting members of the Behavior Evaluation Committee are not required to certify or participate in animal behavior education programs. The Behavior Evaluation Committee meets once per week and participation of the voting member from any one of the three voting departments may be ORANGE COUNTY GRAND JURY 2022 12023 PAGE 25 OF 51 Gimme Shelter and a Pound of Advice delegated to a lesser experienced staff member when the regular voting member is unavailable. The Grand Jury reviewed dog behavior-related euthanasia data and Asilomar outcomes from the fourth quarter of 2018 to the third quarter of 2022 to evaluate the nature of dog behavioral euthanasia at the shelter over time. The chart below shows quarterly dog behavior euthanasia at OCAC for the third quarter of 2018 through the third quarter of 2022. Euthanasia rates are represented as a percent of total dog Asilomar outcomes by quarter. Juvenile dogs are included in the review because the shelter's juvenile dog population is subject to behavioral euthanasia. The Grand Jury found that for the dogs euthanized for behavior during the period under review, 7.4% of the dogs were no more than 6 months old and 14.2% were less than 1 year old. The Grand Jury was unable to determine why dogs less than one year in age would warrant behavioral euthanasia. Figure 3 - Dog Euthanasia Rates (Behavioral) All Dogs Euthanized for Behavior as % of all All Dog ASILOMAR Outcomes 6% 5% - - - - - 4% - - - - - - - -- - - • 3% - Average = 1.19% 2% 1°i° Average = 3.41% o% Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 ' Q4 Q1 Q2 Q3 2018 2019 2020 2021 2022 Dog behavioral euthanasia rates increase at OC Animal Care between the second and third quarters in 2021 Figure 3 illustrates that dog behavior-related euthanasia rates increased at OCAC between the second and third quarters of 2021. The average dog behavioral euthanasia rate prior to the end of the second quarter of 2021 was 1.19% of all dog Asilomar outcomes. Beginning in the third quarter of 2021 and through the third quarter of 2022, the average dog behavioral euthanasia rate increased to 3.41% of all dog Asilomar outcomes, an increase of 187%. The increase is statistically significant. (See Appendix 2) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 26 OF 51 Gimme Shelter and a Pound of Advice Impediments to the Investigation The Grand Jury's function is to investigate the operation of the various officers, departments, and agencies of the local government. Article 1, Section 23 of the California Constitution states: "One or more grand juries shall be drawn and summoned at least once a year in each county." Provisions of the California Penal Code define the scope and limitations of a grand jury's authority: Penal Code Section 916: ... Rules of procedure shall include guidelines for that grand jury to ensure that all findings included in its final reports are supported by documented evidence, including ... official records, or interviews attended by no fewer than two grand jurors and that all problems identified in a final report are accompanied by suggested means for their resolution, including financial, when applicable. Penal Code Section 921: The grand jury is entitled to ... the examination, without charge, of all public records within the county. Penal Code Section 925: The grand jury shall investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county ... The investigations may be conducted on some selective basis each year... Penal Code Section 925 (a): The grand jury may, at all times, request the advice of the court, or the judge thereof, the district attorney, the county counsel, or the Attorney General ... As a department of Orange County government, the County Counsel's office provides legal counsel and services to the Orange County Board of Supervisors and all other Orange County departments and agencies, including the Grand Jury. At the start of a Grand Jury's one-year term, County Counsel assigns an individual attorney within its office to serve as the Grand Jury's primary attorney. Because the individual serving as the Grand Jury's counsel is also assigned to other departments or agencies within Orange County government, there is the potential for the Grand Jury's designated primary counsel to have a conflict of interest when the Grand Jury investigates a department or agency otherwise served by the primary attorney. To ensure continuity of legal service to the Grand Jury, the County Counsel's office also assigns a back-up attorney that provides service to the Grand Jury when the primary counsel is conflicted. The back-up attorney is selected so that at least the primary or ORANGE COUNTY GRAND JURY 2022 12023 PAGE 27 OF 51 Gimme Shelter and a Pound of Advice back-up would not have a disabling conflict—that is, one or the other would be available to serve the Grand Jury in any investigation not directly related to the County Counsel's office itself. Back-up counsel advises the Grand Jury on those matters only when the primary attorney is conflicted. Early during its one-year term and early in its investigation, the Grand Jury learned that its primary counsel had a conflict of interest with its investigation of OCAC. The County Counsel's office explained, and the Grand Jury understood, that the services of the County Counsel's office would continue through the back-up attorney assigned for such circumstances. Initially, during the early stages of its OCAC investigation, the Grand Jury received the legal advice and assistance of the back-up attorney in the County Counsel's office. Later during its investigation of OCAC, the Grand Jury inquired into the shelter's prior TNR program and the program's termination in early 2020. The Grand Jury learned the program was terminated after a cease-and-desist demand to stop the program was received from a lone individual residing outside of Orange County. The Grand Jury was informed that the County Counsel's office, in response to a request by OCAC to review the cease-and-desist demand, issued an opinion to the Orange County Board of Supervisors and OCAC about the shelter's TNR program that evidently led to a direction to terminate the program. In the course of the Grand Jury's investigation, including interviews with OCAC and OCCR staff and leadership, the County Counsel's office and its opinion were repeatedly cited as being the source of the decision to stop the TNR program. Grand Jury: Who was the decision maker? Answer: "The County Counsel. " The Grand Jury understands County Counsel's role is to provide advice and counsel to the Board of Supervisors, County departments, and various County agencies, but that it has no decision-making authority over any division of County governance, except regarding its own internal functions. While the Grand Jury was skeptical that the County Counsel's office actually made, or had the authority to make, the decision to terminate the TNR program, the Grand Jury nevertheless understood that the County Counsel's opinion was pivotal to the decision. Therefore, the Grand Jury requested a copy of the opinion to learn if there was a clear impediment to or prohibition on a possible renewal of the TNR program. The Grand Jury requested a copy of the opinion from interviewees who were privy to the document or its contents. In addition, the Grand Jury asked the County Counsel's office for a copy of the opinion. In every instance, those requested told the Grand Jury the opinion is a privileged communication between the County Counsel's office and the Board of Supervisors and that only the Board of Supervisors has authority to release the document. Finally, the Grand Jury asked the Board of Supervisors, through its Chair, for ORANGE COUNTY GRAND JURY 2022 12023 PAGE 28 OF 51 Gimme Shelter and a Pound of Advice a copy of the opinion or alternatively for an identification of the legal authority reviewed in studying the issue, and stated the confidentiality of the document would be maintained, whereupon the Board of Supervisors declined to consider or include the request in its meeting agenda. Unfortunately, and not through a, lack of trying, the Grand Jury has been unable to review or assess the basis of the opinion. During the Grand Jury's interviews, when various levels of leadership within OCAC asserted that County Counsel made the decision to terminate the TNR program, the Grand Jury always expressed its skepticism and inquired as to how County Counsel, an advisor to the County and OCAC, and only an advisor, could be making policy decisions for OCAC? The Grand Jury inquired and pressed its interviewees, asking if it was, in fact, a decision made at some level within OCAC's leadership, or by OCCR, or by the Board of Supervisors. When pressed, in every case, each interviewee modified their explanation and affirmed the decision had been theirs or that they had taken part in the decision, each taking personal responsibility for the decision. The Grand Jury was determined to obtain documentation of the decision as it continued to press for a copy of the County Counsel's opinion, The Grand Jury then requested all internal OCAC communications documenting the decision and/or order to stop the TNR program. The Grand Jury requested departmental communications instructing staff to stand down from the TNR program, whether from the OCCR to OCAC, OCAC to animal shelter leadership, or animal shelter leadership to shelter staff. Departmental communications about the TNR program are policy and procedure communications. The Grand Jury assumed that departmental communications would point to how and by whom the decision was made. The Grand Jury understands such communications are public records, not privileged communications. Nevertheless, the Grand Jury's request for documentation was denied by OCAC with the reason that such communications were privileged. Coincidental to the Grand Jury's efforts to obtain a copy of the County Counsel's opinion, at the end of 2022, the County Counsel's office detached itself altogether from all matters related to the Grand Jury's investigation of OCAC. The County Counsel's office informed the Superior Court and the Grand Jury that its entire office was "conflicted" with regard to the investigation into OCAC and would recuse itself from assisting the Grand Jury in its investigation into all matters related to OCAC. No back-up attorney was provided and all communications ceased. Of note, the Grand Jury's investigation was not an investigation of the County Counsel's office. Rather, the Grand Jury was investigating an Orange County agency, a client of the County Counsel, just as every Grand Jury investigation into County agencies represents an investigation into clients of the County Counsel. When the County Counsel's office recused itself from the Grand Jury's OCAC investigation, it did not explain or cite any specific aspect of the OCAC investigation that makes it exceptional from any other of the ongoing Grand Jury investigations into County departments or agencies. Without the services of the County Counsel's office, the Grand Jury suffered a setback in its investigation of OCAC. The pace of the investigation slowed as time and resources ORANGE COUNTY GRAND JURY 2022 12023 PAGE 29 OF 51 Gimme Shelter and a Pound of Advice were directed toward arranging for alternative outside counsel at the recommendation and with the support of the Superior Court. After losing approximately six weeks, the Grand Jury was able to engage alternative outside counsel in early February of 2023. As of the publication of this report, the Grand Jury was not able to confirm the logic, reasoning, or basis of the County Counsel's opinion, or even whether in fact the County Counsel advised against the continuance of the TNR program. Moreover, the Grand Jury cannot confirm whether, or who, or at what level of authority, within the County government the decision to end TNR emanated. As a consequence, the Grand Jury cannot verify that any such decision was ever actually made, or communicated at any level of authority, by anyone within Orange County's governing hierarchy and, more importantly, why any such decision was made. The only fact the Grand Jury can confirm with any confidence is that the TNR program was terminated in or about early 2020. CONCLUSION OCAC has been a source of public concern since the 1990s, with five previous Orange County Grand Jury reports and an Orange County Performance Audit detailing troubling conditions at the OCAC shelter. This Grand Jury report shines a light on deficiencies at the shelter still needing resolution. The Grand Jury believes that if the recommendations included in this report are implemented: • Internal and external communications at OCAC will improve. • The reallocation of staffing positions within the organization, increasing the number of Animal Care Attendant positions and employing an animal behaviorist or trainer, will improve general animal welfare at the shelter. • Improvements in the timely filling of staff vacancies will enhance shelter operations and overall staff morale. • The adoption process will be more public-friendly, leading to more adoptions. • The behavioral euthanasia decision process will be standardized, articulated, and documented, leading to consistent behavioral euthanasia outcomes. • The shelter's Policies and Procedures will be correct and up to date. • OCAC and Orange County rescue organizations and animal advocates can work toward mending their relations for the welfare of the animals. • The shelter's TNR program will be re-evaluated, reconsidered and reinstated. • The shelter's volunteers will be more integrated into the shelter's personnel team and communications. The Grand Jury conducted many interviews with shelter personnel. The Grand Jury is very impressed with their sense of dedication and earnest concern for the welfare of shelter animals. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 30 OF 51 Gimme Shelter and a Pound of Advice FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) Responses from each agency affected by the Findings presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled, "Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange," the 2022-2023 Grand Jury has arrived at seventeen Findings, as follows: Management: Fl Management has limited flexibility utilizing personnel within Orange County Animal Care across departments due to structured work rules, volunteer work restrictions, and employees working in departmental silos. F2 Low staff morale exists within Orange County Animal Care. F3 Orange County Animal Care staffing is negatively impacted by vacant positions remaining unfilled for greater than six months due to burdensome hiring processes. This delay in recruitment and completion of hiring has resulted in qualified candidates declining job offers. F4. Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care. F5 Orange County Animal Care's operating policies and procedures manual is out of date. F6 The Orange County Animal Care Volunteer program was stopped during COVID-19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment. Animal Welfare F7 Orange County Animal Care's Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. F3 The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 31 OF 51 Gimme Shelter and a Pound of Advice F9 Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter's dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized. F10 While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel's legal opinion that the program violates a California statute related to willful animal abandonment. F11 The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter. F12 There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care. Communication / Outreach F13 The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters' access to all available animals. F14 Orange County Animal Care's engagement with some animal rescue partners is negatively impacted due to differences of opinion in appropriate animal care policy. F15 Internal and community engagement does not adequately communicate the shelter's mission and operating strategy. F16 The information currently on the Orange County Animal Care website for low- cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures Impediments to the Investigation F17 The OC County Counsel's office misstated to the Grand Jury the scope of its commitment to serving and assisting the Grand Jury in its investigations into County governance respecting managing conflicts between the Board of Supervisors, OC departments and agency clients, and the Grand Jury. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 32 OF 51 Gimme Shelter and a Pound of Advice RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the Recommendations presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled "Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange," the 2022-2023 Grand Jury makes the following seventeen recommendations: Management: R1 By October 1, 2023, OC Human Resource Services should review and update recruitment strategies to significantly increase the timeliness of recruitment of vacant positions and to anticipate vacancies due to retirement, resignations, transfers. (F3) R2 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should review hiring practices to facilitate process improvements to expedite filling OCAC vacancies. (F3) R3 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of Animal Care Attendants to reflect NACA guidelines and to provide appropriate staffing allocations for animal care, feeding and enrichment. (F3, F4) R4 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of all positions within the OCAC and reallocate resources to increase Animal Care Attendants to reflect NACA guidelines to provide appropriate staffing for animal care, feeding, and enrichment. (F3, F4) R5 By December 31, 2023, Orange County Animal Care management should review and update policies, procedures, guidelines, and practices to assure they are accurate and reflect current operating practices. (F5) 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. (F1 thru F16) Welfare R7 By October 1, 2023, Orange County Animal Care management should establish written guidelines, policies, and procedures as standards for evaluating animal behavior for use by the Behavior Evaluation Committee. (F5, F7) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 33 OF 51 Gimme Shelter and a Pound of Advice R8 By December 31, 2023, in the interests of transparency, Orange County Animal Care management should add a representative from a rescue organization to serve as a non-voting, at-large member on the Behavior Evaluation Committee. (F7, F14) R9 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should hire an animal behaviorist or certified dog trainers to work with aggressive animals to reduce the high rate of dogs being euthanized and enhance their adoptability. (F8, F9) R10 By December 31, 2023, the Orange County Board of Supervisors and Orange County Animal Care management should request that County Counsel reconsider its opinion about the shelter's former Trap, Neuter, and Return program, or seek an independent second opinion to County Counsel's opinion, to ascertain whether the program can be re-established, or a modified version of the program can be implemented. (F10, F11) R11 By July 1, 2024, Orange County Animal Care should implement a low-cost public spay/neuter program. (F12) Communication / Outreach R12 By October 1, 2023, Orange County Animal Care management should hold all- hands staff meetings at least every quarter. (F1, F2) R13 By October 1, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should conduct annual surveys of staff to monitor morale and identify opportunities for operational improvement. (F1, F2) R14 By December 31, 2023, Orange County Animal Care management should open the shelter to the public for walk throughs to maximize opportunities for the public to adopt animals under the care of the shelter. (F13) R15 By October 1, 2023, Orange County Animal Care management should look for new ways to be more inclusive and engaged with volunteers and the rescue organizations that are necessary for the shelter's success. (F14, F15) R16 By October 1, 2023, Orange County Animal Care should schedule quarterly meetings with community stakeholders to facilitate transparency and engagement. (F14, F15) R17 By October 1, 2023, Orange County Animal Care management should update the information currently on its website for low-cost spay/neuter of feral cats with regard to referrals and prices for spay/neuter procedures. (F16) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 34 OF 51 Gimme Shelter and a Pound of Advice Impediments to the Investigation R18 Beginning with the 2023/2024 Grand Jury training, and all training thereafter, County Counsel should provide detailed instruction about the circumstances under which the County Counsel's office might recuse itself from assisting with Grand Jury investigations and the alternatives available to the Grand Jury under such circumstances. (F17) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 35 OF 51 Gimme Shelter and a Pound of Advice REQUIRED RESPONSES California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official's control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those ORANGE COUNTY GRAND JURY 2022 12023 PAGE 36 OF 51 Gimme Shelter and a Pound of Advice budgetary/or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required and requested from: Findings - 90-day Response Required Orange County Board of F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, Supervisors: F13, F14, F15, F16, F17 City of Anaheim: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Brea: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Cypress: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Fountain Valley: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Fullerton: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Huntington Beach: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Lake Forest: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Orange: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Placentia: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of San Juan Capistrano: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Santa Ana: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Tustin: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Villa Park: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Yorba Linda: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 37 OF 51 Gimme Shelter and a Pound of Advice Recommendations — 90-day Response Required Orange County Board of R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, Supervisors: R13, R14, R15, R16, R17, R18 City of Anaheim: R6 City of Brea: R6 City of Cypress: R6 City of Fountain Valley: R6 City of Fullerton: R6 City of Huntington Beach: R6 City of Lake Forest: R6 City of Orange: R6 City of Placentia: R6 City of San Juan Capistrano: R6 City of Santa Ana: R6 City of Tustin: R6 City of Villa Park: R6 City of Yorba Linda: R6 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 38 OF 51 Gimme Shelter and a Pound of Advice REQUESTED RESPONSES Findings - 90-Day Response Requested Orange County Animal Care: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, F13, F14, F15, F16 OC Human Resources F1, F2, F3, F4, F9 Services: Orange County County F10, F11, F17 Counsel: Recommendations - 90-Day Response Requested Orange County Animal Care: R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13, R14, R15, R16, R17 OC Human Resources R1, R2, R9, R13 Services: Orange County County R10, R18 Counsel: ORANGE COUNTY GRAND JURY 2022 12023 PAGE 39 OF 51 Gimme Shelter and a Pound of Advice REFERENCES American Bar Association,Tort,Trial, and Insurance Practice Section. "Report to the House of Delegates Resolution 102B." 2017.Accessed September 30, 2022.American-Bar- Association-TN VR-report.pdf (maddiesfund.orq) American Society for the Prevention of Cruelty to Animals. "Asilomar Accords: Definitions." 2004.Accessed January 28, .2023,Asilomar Accords: Definitions I ASPCA Association of Shelter Veterinarians "Shelter Terminology." 2017.Accessed March 25, 2023, Microsoft Word - Shelter Terminology (sheltervet.org) City of Garden Grove. "Ordinance NO. 2911". 2019.Accessed January 28, 2023. 11-26- 19 cc Ordinance Amending Animal and Fire Dept Related Requlations.pdf City of West Hollywood. "An Ordinance of the City of West Hollywood Establishing a Trap- Neuter-Return Program for Community Cats;Amending the Language of the Municipal Code 'to Reflect a Change in Nomenclature From "Feral Cats"to Community Cats"; Updating Section 9.48.080 To Reflect the Current Code Provision Regarding Animal Noise and Determination that the Project is Exempt From CEQA." November 4, 2019. "California Population."Accessed March 22, 2023. Orange County, California Population 2023 (worldpopulationreview.com). Human Animal Support Services. "Animal Shelter Speak: Understanding Common Animal Services Jargon. 2023.Accessed March 25, 2023.Animal Shelter Speak: Understanding Common Animal Services Jargon - HASS (humananimalsupportservices.org) Newbury, Sandra et al. "Guidelines for Standards of Care in Animal Shelters.The Association of Shelter Veterinarians. 2010. shelter-standards-oct2011-wforward.pdf(sheltervet.org). North Shore Animal League. "Did you Know?" 2011.Accessed February 24, 2023 cats- multiply-pyramid.pdf(animalleague.org) Orange County Animal Care "Strategic Plan- 2018" accessed January 28, 2023. ocac 2018 strategic plan.pdf(stayinalivelongbeach.org) Orange County. Office of Performance Audit. "Performance Audit of Orange County Animal Care." Final Report (#141505). Orange County California, 2015. Microsoft Word -Animal Care Report (ocgov.com) Orange County Grand Jury 2014-2015. "If Animals Could Talk About the Orange County Animal Shelter." 2015.Accessed January 28, 2023. Shelter Performance V8R2 web.pdf (ocgrandjury.org) Orange County Grand Jury 2014-2015. "The Orange County Animal Shelter: the Facility,the Function,the Future." 2015.Accessed January 28, 2023. OC animal shelter.pdf (ocgrandjury.org). ORANGE COUNTY GRAND JURY 2022 12023 PAGE 40 OF 51 Gimme Shelter and a Pound of Advice Orange County Grand Jury 2007-2008. "Is Orange County Going to the Dogs". 2008.Accessed January 28, 2023. 2023, IS ORANGE COUNTY GOING TO THE DOGS (ocgrandjury.org) Orange County Grand Jury 2003-2004. "The Orange County Animal Shelter,Are Improvements Needed?" 2004. Accessed January 28, 2023. Microsoft Word - AnimalShelterReport draft 12a.doc (ocgrandjury.org). Orange County Grand Jury 1999-2000. "We Can do Better...Improving Animal Care in Orange County." 2000.Accessed January 28, 2023. FINAL.PDF (ocqrandjury.orci) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 41 OF 51 Gimme Shelter and a Pound of Advice APPENDIX 1 Table 1 - Adult Cat Euthanasia and TNR Rates by Quarter Adult Cats Euthanized as a % of Adult Cat Adult'Cat TNR Asilomar Outcomes net Outcomes as % of adult ,of TNR Outcomes Cat Asilomar Outcomes 2018 Q3 23.17% 40% Q4 17.27% 36% 2019 Q1 17.42% 41% Q2 26.81% 49% Q3 24.95% 47% Q4 18.77% 31% 2020 Q1 18.08% 37% Q2 42.65% 5% Q3 41.67% 4% Q4 25.50% 1% 2021 Q1 27.50% 0% Q2 27.31% 0% Q3 25.86% 0% Q4 23.21% 0% 2022 Q1 21.93% 0% Q2 30.12% 0% Q3 24.73% 0% Q4 26.26% 0% Table 2 - Adult Cat Euthanasia Sample T-Test Adult Cats Euthanized as a % of Non-TNR Asilomar Outcomes Q3 2018 thru Q1 2020 vs. Q2 2020 thru Q4 2022 (TNR period vs. No TNR period) t-Test: Two-Sample Assuming Unequal Variances Q3 2018 to Q1 Q2 2020 to End 2020 of Year 2022 Mean 20.9% 28.8% Variance 0.001571145 0.004841058 Observations 7 11 Hypothesized Mean Difference 0 df 16 t Stat -3.0532928 P(T<=t) one-tail 0.003793173 t Critical one-tail 1.745883676 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 42 OF 51 Gimme Shelter and a Pound of Advice APPENDIX 2 Table 3 - Dog Behavioral Euthanasia Rates by Quarter - All Dogs Euthanized for Behavior as % of all Adult Dog ASILOMAR Outcomes Dogs All Dog Euthanized Asilomar. % Dogs for Behavior Outcomes Euthanized 2018 Q4 8 1356 0.59% 2019 Q1 21 1385 1.52% Q2 15 1384 1.08% Q3 15 1522 0.99% Q4 16 1312 1.22% 2020 Q1 13 1146 1.13% Q2 7 701 1.00% Q3 13 817 1.59% Q4 13 791 1.64% 2021 Q1 8 746 1.07% Q2 10 824 1.21% Q3 18 868 2.07% Q4 49 882 5.56% 2022 Q1 27 956 2.82% Q2 44 962 4.57% Q3 23 1143 2.01% Table 4 - Dog Behavioral Euthanasia Rates 2 Sample T-Test All Dogs Euthanized for Behavior as a % of All Dog ASILOMAR Outcomes Q4 2018 to Q2 2021 vs Q3 2021 to Q3 2022 t-Test: Two-Sample Assuming Unequal Variances Q4 2018 to Q2 Q3 2021 to Q3 2021 2022 Mean 1.19% 3.41% Variance 9.40995E-06 0.000251006 Observations 11 5 Hypothesized Mean Difference 0 df 4 t Stat -3.109244662 P(T<=t) one-tail 0.017949066 t Critical one-tail 2.131846786 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 43 OF 51 Gimme Shelter and a Pound of Advice APPENDIX 3 Orange County Grand Jury Animal Shelter Contract City Survey 1. How long has your city been serviced by the Orange County Animal Shelter? a. What factors motivated the city to contract with the Orange County Animal Shelter? 2. What Services have you contracted for the Orange County Animal Shelter? (i.e., Shelter; Animal Control, Licensing, other) 3. What Animal control and care services does the city continue to reserve for itself or contract out to other agencies or vendors not with the Orange County Animal Shelter? (i.e., Control, Licensing, other) 4. How often is the city contract with the Orange County Animal Shelter reviewed and renewed? 5. Describe any regularly scheduled processes the city has in place to review the quality of service provided by the Orange County Animal Shelter. a. Describe the measure or metrics the city uses when evaluating the Animal Shelter. Please provide a copy of the last review of the Animal Shelter conducted by the city. b. Describe any review of the Orange County Animal Shelter and the services it provides as part of Shelter contract review and renewal? c. Who conducts Animal Shelter reviews for the city. d. Are Animal Shelter reviews presented to the city council for their consideration? 6. Does your City have an appointed member of city staff to serve as liaison between the city and OC Animal Shelter management? a. How frequently does your city meet with the OC Animal Shelter management? 7. As it relates to the sheltering and adoption services provided by the Orange County Animal Shelter(if any) describe your level of satisfaction or any concerns with the service and support. 8. As it relates to Animal Control services being provided (if any) describe your level of satisfaction or any concerns with the service and support. 9. As it relates to Licensing fees and processing (if any) describe your level of satisfaction or any concerns with the service and support. 10. How reasonable are the County fees for providing this service? 11.Have members of you community voiced any concern with Orange County Animal Shelter policies or practices. a. Please provide the Grand Jury with the any of the city's complaint logs or records pertaining to the Orange County Animal Shelter. 12.Are there any improvements in the service OC Animal Shelter provides or in the City's relationship with the Shelter you would like to see? ORANGE COUNTY GRAND JURY 2022 12023 PAGE 44 OF 51 Gimme Shelter and a Pound of Advice APPENDIX 4 Orange County Grand Jury Independent City Shelter Survey 1. How is the shelter organized and management governance accomplished at your Center? 2. How many cats, dogs and other animals can you shelter? 3. What services do you provide your local community? 4. How many total staff and volunteers are working or engaged with the shelter? 5. How many volunteers do you require on a daily or weekly basis? a. Do you have adequate volunteers? 6. Do you promote spay/neuter services to the members of your community? a. If yes, is there a cost to the individual? 7. From your perspective what are the challenges faced by your Center? 8. Does your center practice TNR (Trap Neuter Return)? a. If no, was it ever in place and then discontinued -why? b. If yes, how effective is the program? 9. Does your center accept healthy cats and put them up for adoption? a. If yes, please describe the process. 10. What are the parameters that guide euthanasia at your shelter? 11. Do you have an animal behaviorist on staff? If no, why not? 12. Do you have any interaction with the Orange County Animal Shelter? a. If yes, please describe. b. If no, why? 13. How is adoption handled in your center? (Adoption by appointment system, open visits, other)? 14. Do your adoption totals include totals transferred to rescues or does it apply only to private parties? 15. Please provide statistics (attachment)for your center (intake, adopted, transferred to shelter, euthanized, etc. by animal type for the current and past 3 years). 16. How does your center respond to complaints from the community and animal activists? 17. If tracked, please provide statistics on complaints you received. 18. Please provide intake statistics (by Cats and Dogs)for the current and 3 past years: a. Strays b. Relinquished by owner c. Owner intended Euthanasia d. Other Intakes 19. Please provide live outcomes statistics (by Cats and Dogs) for the current and 3 past years: 20. Adoptions a. Return to Owner b. Transferred to another agency c. Returned to Field 21. Please provide other outcomes statistics (by Cats and Dogs)for the current and 3 past years: a. Died in Care b. Shelter Euthanasia ORANGE COUNTY GRAND JURY 2022 12023 PAGE 45 OF 51 Gimme Shelter and a Pound of Advice APPENDIX 5 OCAC 4th Quarter 2022 Asilomar Report 4.0'" Shelter Animals Count .;. ;r National Shelter Statistics Project Data Matrix oC Animal Care October'-December zezz 4 . pris,IP,N IR(;SilFt:1'1'tt('Oi"T:10;01,zcz2 2,3 4 16 11, 430 , B Stray/At Large 777 109 286 835 2,007 1 C Relinquished by Owner 135 4 22 48 209 t {) Owner Intended Euthanasia'""' 0 0 0 0 0 F Transferred infromAgency 0 0 0 0 0 Other Intakes(Includes Confiscates resulting from bites or cruelty investigations and Disaster related r 2 impounds) 125 10 31 8 174 B TOTAL I.IVE LNTAKE(B+C+D.EtF) 1,037 ;i 123 1,160 339 891 ,i 1,230 „2,390_ I I ' ADJUSTED TOTAL INTAKE(G-D) 1,037 123 1;160 339 891. 1,230 2,390 • I 'Adoption 476 72 159 895 1,602 ) .Returned to Owner 357 7 27 3 394 _ I,: .Transferred to another Agency 149 30 78 185 442 L ,Returned to Field(TNR Program) 1 0 0 1 2 { 4l`', SUBTOTAL:LIVE OUTCOMES(It14Kr L) 983 109 1,092 261 1,084 ' 1,348 2,440' ;y Died in Care 2 4 10 35 51 f; :Lost inCare 0 0 0 1 1. p Shelter Euthanasia 56 6 94 140 296 QZ ,Owner Intended Euthanasia"'" 0 0 0 0 0 R SUBTOTAL:OTHER OUTCOMES(Na O+PrQ) 53 10 68 -104 176 280 348 S TOTAL ASIIAALAR.OLTCOMES(M'.F) 1,.039 115 1;L54 358 1,224 1,582 2,736 1. )0 T)t B5t FLTTR CY}T,NT::a`13,t+oe z 217 .. 10 . 71 26 i ?2a87 riVttg� w 4tq "I.:Te 4 t. ,4100 4 l tilt "kilt ' �' a 4 4.. ' :f � t.. � * �"" lwfritiv *. *r.-� r.. : .g-t'3`. . . y'[Lp yary � .ro } .y yy(t A. "t 13�'.I'-: fi't ' tn5,'."�. i�4'�(S.Y ��, `r � `a*.'C.t'a,.l1 " `.A t ,'(Ii.,J�''i `` *Live release rate was calculated by dividing the Live Outcomes by the Total Asilomar Outcomes.Note that owner surrender for euthanasia(owner intended euthanasia)and died/lost in care were removed from totals per the Asilomar accords formula. ""Save rate includes animals surrendered for euthanasia as well as animals which were lost or died in care. "'°Proof of animal suffering impacting life quality or aggressive behaviors presenting a risk to public safety are required by owners requesting this service. rt' ;l OC Animal Care 1630 Victory Road,Tustin CA 92782 www.ocpe tin fo.com ORANGE COUNTY GRAND JURY 2022 12023 PAGE 46 OF 51 Gimme Shelter and a Pound of Advice ABBREVIATIONS : ABA: American Bar Association ASPCA: The American Society for the Prevention of Cruelty to Animals ASV: Association of Shelter Veterinarians CDPH: California Department of Public Health HASS: Human Animal Support Services HSUS: Human Society of the United States OCAC: Orange County Animal Care OCCR: OC Community Resources OCGJ: Orange County Grand Jury OCHRS: OC Human Resource Services NACA: National Animal Control Association NGA: Non-government Organization TNR: Trap, Neuter, Return ORANGE COUNTY GRAND JURY 2022 12023 PAGE 47 OF 51 Gimme Shelter and a Pound of Advice GLOSSARY: Adoption Barriers Policies or procedures that make adoption, fostering, or volunteering a challenge. Asilomar Asilomar refers to an animal welfare industry conference held at Asilomar in Pacific Grove, California. Statistical guidelines developed from this meeting became known as the Asilomar Accords. Participating shelters compile their own data into 'Asilomar reports, publish their data, and forward their reports to Humane Rescue Alliance which compiles nationwide animal welfare statistics. Behavior Dogs Dogs identified as having challenging behaviors. Capacity for Care Capacity for Care is an organization's ability to appropriately care for the animals it serves. This is based on a range of parameters including, but not limited to, the number of appropriate housing units; staffing for programs or services; staff training; average length of stay; and the total number of reclaims, adoptions, transfers, returns, or other outcomes. Community Cat An unowned cat can be social with people or not. A "Community Cat" is an umbrella definition that includes any outdoor, free roaming cat. These cats may be "Feral" (un- socialized) or friendly or may have been born into the wild. Usually, a Community Cat is a friendly cat. Feral Cats Feral cats are not socialized to, and are extremely fearful of, contact with people. Typically, they do not respond well in captivity. A feral cat is typically born in the wild or outdoors with little to no human interaction. If you attempt to get too close or try to pet them, feral cats view your hand as a claw that will harm them and will hiss and/or run away. Feral cats are born from other ferals or from stray cats. Kill / No Kill Kill / No Kill refers to a shelter's policy respecting euthanasia. A no kill shelter will not conduct euthanasia, with exceptions for humane reasons. Practices of no kill shelters vary along a spectrum that reject the use of euthanasia as a primary means of population control and health management. A kill shelter will conduct euthanasia for a variety of reasons that include animal control, medical and population control, and ORANGE COUNTY GRAND JURY 2022 12023 PAGE 48 OF 51 Gimme Shelter and a Pound of Advice behavior. Many municipal shelters are "kill" shelters as their mandates often include animal control. Kitten Season A busy time in the animal shelter world when feral and community cats have kittens. The season occurs during warm weather months. Also referred to as cat breeding season. Typically kitten season is March-October but varies from place to place and in some areas is year-round. Legal Retention The number of days a shelter is required by law to hold an animal for recovery by owner prior to placing the animal for adoption, for sale, or euthanizing. Live Outcome Types Adoption: an animal is adopted Return-to-Owner: an animal is returned to the custody of their human/s. Transferred-Out: an animal is transferred to the custody of another organization. Trap Neuter Return: an animal is returned to their habitat or community after being treated for medical conditions, including spay/neuter. Return to Field: putting an animal back where it was found, often as part of a TNR program. Live Release Rate (Asilomar Report) Live Release Rate is the proportion of animals leaving the shelter alive to the total number of animals leaving alive plus the number of shelter directed euthanized animals. Live outcomes are usually achieved through adoption, reclaim by owner, transfer to another agency or other life-saving actions Other Outcome Types Died in Care: any animal who died while in the custody of the shelter, not by euthanasia. Euthanized/Killed: any animal whose life was ended purposefully while in custody of the organization. Rescue Groups Rescue Groups are often operated by a network of foster home-based volunteers that may or may not be associated with a standing facility. These organizations often accept difficult-to-adopt animals from other shelters and may transfer them or facilitate adoptions outside of the shelter setting. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 49 OF 51 Gimme Shelter and a Pound of Advice Return to the Field An animal who has been returned to its home or habitat. Also referred to as relocate, return to community, or return to wild. Save Rate (Asilomar Report) Save Rate is the proportion of animals leaving the shelter alive to the total number of animal outcomes. Shelter Types Municipal: an organization that provides the animal care services of a city, county, or cities or counties. Municipal Contract: A private organization that provides contracted services for the animal care of a city, county, or cities or counties. Rescue without a Municipal Contract: a private organization that has no affiliation to the city or county animal services. Foster based Rescue without Shelter: an organization who houses all animals in its custody in foster homes. Sanctuary: An organization that offers animals a place to live out the remainder of their life. Sometimes sanctuaries offer the option of adoption placement. Animal welfare sanctuaries often offer this space for animals that have exhausted all other local resources, as an alternative to death. Stray Hold The number of days a shelter must hold a stray animal before determining the outcome, as determined by local ordinances. These vary from place to place. TNR (Trap-Neuter-Return) TNR (Trap-Neuter-Return) refers to an approach for managing community cats that is an alternative to shelter impoundment. In appropriately managed TNR programs, cats are humanely trapped and surgically sterilized, vaccinated, ear tipped, and returned to the location from where they were trapped. TNR cats are often not taken into the custody of a spaying/neutering organization because they generally have established community colonies to which they are quickly returned. Community cat colonies are often under the care of a local human member of a community. Treatable Treatable means dogs and cats with medical or behavioral issues that can be rehabilitated and managed. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 50 OF 51 Gimme Shelter and a Pound of Advice Unhealthy and Untreatable Unhealthy and untreatable means dogs and cats who, at or subsequent to the time they are taken into possession: 1. have a behavioral or temperamental characteristic that poses a health or safety risk or otherwise makes the animal unsuitable for placement as a pet, and are not likely to become healthy or treatable; or 2. are suffering from a disease, injury, or congenital or hereditary condition that adversely affects the animal's health or is likely to adversely affect the animal's health in the future, and are not likely to become healthy or treatable; or 3. are under the age of eight weeks and are not likely to become healthy or treatable, even if provided the care typically provided to pets by reasonable and caring pet guardians in the community. DISCLAIMER Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 51 OF 51 CITY OF HUNTINGTON BEACH .A" . . I 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 ttf°i"FICfr TONY STRICKLAND MAYOR September 13, 2023 Honorable Maria Hernandez Presiding Judge of the Orange County Superior Court 700 Civic Center Drive, West Santa Ana, Ca. 92701 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report Gimme Shelter and a Pound of Advice Honorable Presiding Judge Hernandez: The City of Huntington Beach received and reviewed the referenced Grand Jury Report, and in accordance with the Grand Jury's request, approved the following responses to the report. Responses and Findings: F4: Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F6: The Orange County Animal Care Volunteer program was stopped during COVID-19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F7: Orange County Animal Care's Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. Fax 714.536 5233 Page 1 of 3 Office. 714 536.5553 F8: The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F9: Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter's dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F10: While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel's legal opinion that the program violates a California statute related to willful animal abandonment. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F11: The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F12: There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F13: The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters' access to all available animals. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. Fax 714.536.5233 Page 2 of 3 Office: 714 536.5575 F15: Internal and community engagement does not adequately communicate the shelter's mission and operating strategy. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F16: The information currently on the Orange County Animal Care website for low-cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. 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. Response: The City of Huntington Beach agrees with this finding. Respectfully, Tony Strickland Mayor Cc: Al Zelinka, City Manager Eric Parra, Chief of Police Fax 714.536 5233 Page 3 of 3 Office. 714.536.5575 Moore, Tania From: Paula Shawa <PShawa@outlook.com> Sent: Sunday, September 17, 2023 7:46 PM To: supplementalcomm@surfcity-hb.org Subject: Agenda Item 12/Animal Welfare/City Council Mtg. Sept. 19 It is disappointing to see the lack of engagement and interest by the HB City Council regarding animal welfare and the Grand Jury's report on the OC Animal Care facility and its management. This is a resource that many HB residents must use and one would hope that our Council members would care about how animals are treated at this facility. I get that you cannot be subject management experts on every issue, but it seems like you should care more about what happens to animals at OC Animal Care since many of your constituents use it. At the very least, there should be a liaison or POC between the city and the shelter, or a committee/commission tasked with that role. Paula Shawa, 16822 Edgewater Lane, HB SUPPLEMENTAL O tkf 8 ATION Meeft 1 i rgar• 4,or, IIF���co` Gr�Ld � _�� CITY OF HUNTINGTON BEACH , `c .,./40 Memorandum to City Council COUNTY 0,,00 TO: City Council Robin Estainslau, City Clerk FROM: Shannon Levin, Council Policy Analyst CC: Travis Hopkins, Assistant City Manager DATE: September 18, 2023 SUBJECT: Supplemental Communciation for Item 12 (File # 23-780) on the 9/19/23 City Council Meeting Agenda This Supplemental Communication provides notification that the letter to the Orange County Grand Jury has been updated onto City of Huntington Beach letterhead. Should you have any questions, please contact our office. Thank you. ��1\I NGTp •.'• ° `�_, CITY OF HUNTINGTON BEACH �� 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702 F F o o fOl ��UNTV ;;/01 September 19, 2023 Honorable Maria Hernandez Presiding Judge of the Orange County Superior Court 700 Civic Center Drive, West Santa Ana, Ca. 92701 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report Gimme Shelter and a Pound of Advice Honorable Presiding Judge Hernandez: The City of Huntington Beach received and reviewed the referenced Grand Jury Report, and in accordance with the Grand Jury's request, approved the following responses to the report. Responses and Findings: F4: Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F6: The Orange County Animal Care Volunteer program was stopped during COVID-19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F7: Orange County Animal Care's Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. City Council Office: 714.536.5553 F8: The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F9: Orange County Animal Care does not employ a professional or trained and certified animal , behaviorist to oversee the shelter's dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F10: While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel's legal opinion that the program violates a California statute related to willful animal abandonment. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F11: The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F12: There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F13: The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters' access to all available animals. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. City Council Office: 714.536.5553 F15: Internal and community engagement does not adequately communicate the shelter's mission and operating strategy. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. F16: The information currently on the Orange County Animal Care website for low-cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures. Response: Reviews specific to operations of the Orange County Animal Shelter have not been conducted by the City of Huntington Beach. 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. Response: The City of Huntington Beach agrees with this finding. Respectfully, Tony Strickland Mayor Cc: Al Zelinka, City Manager Eric Parra, Chief of Police City Council Office. 714.536.5553 ���SYTINGTo',. 2000 Main Street, oF,•4axo Huntington Beach,CA __�- 9= City of Huntington Beach APPROVED 7-0 9�C EB ii no+.>°�spy=� � ,, AS AMENDED BY �ourvTv t,,, SUPPLEMENTAL COMMUNICATION File #: 23-712 MEETING DATE: 9/5/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Jennifer Villasenor, Acting Director of Community Development PREPARED BY: Steve Holtz, Deputy Director of Community Development Subject: Approve Responses to the 2022-2023 Orange County Grand Jury Reports Related to Animal Welfare, School Safety, and Group Homes Statement of Issue: In June 2023, the Orange County Grand Jury released four reports entitled "Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange," "School Shootings: How Prepared are Orange County Public Schools," "'Welcome to the Neighborhood' Are Cities Responsibly Managing the Integration of Group Homes," and "Historic Rain, Yet Drought Remains," (Attachments 1, 3, 5, and 7). The City of Huntington Beach is required by California Penal Code Section 933.05 to respond to certain findings and recommendations in three of these reports. Draft letters (Attachments 2, 4, and 6) provide proposed responses for the City Council's consideration. The California drought report does not require a response from the City, and staff recommends that the City Council approve not responding to this report. Financial Impact: There is no fiscal impact associated with this action. Recommended Action: A) Approve the City's responses to findings and recommendations posed by the Orange County Grand Jury related to animal welfare, school shootings, and group homes; and B) Approve not responding to the Orange County Grand Jury report on the California drought; and C) Authorize the City Manager to submit the City's responses to the Presiding Judge of the Superior Court. Alternative Action(s): Revise draft language in the City's responses prior to submitting them to the Presiding Judge of the Superior Court. The City is required to submit responses to the findings and recommendations City of Huntington Beach Page 1 of 3 Printed on 8/31/2023 powereWP Legistar'' File #: 23-712 MEETING DATE: 9/5/2023 specified in three of the grand jury reports. Although not required, the City Council may direct staff to prepare a response to the California drought report. Analysis: Each year, a new Orange County Grand Jury is impaneled to investigate complaints about local governmental agencies within Orange County, to audit those agencies, and to publish the findings and recommendations resulting from its investigations. The grand jury also assists the District Attorney by hearing criminal cases for indictment. The Grand Jury is a judicial body empowered with investigative duties by the Superior Court of California and is composed of local citizens whose principal role is to be a "watchdog" over local government agencies, including special districts, to ensure that the County is being governed honestly and efficiently. For its 2022-2023 term, the Grand Jury investigated and issued reports on seven topics, three of which require responses from the City within 90 days of their release (Attachments 1, 3, and 5): • Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange (report released 6/7/23) • "School Shootings: How Prepared are Orange County Schools" (report released 6/14/23) • "Welcome to the Neighborhood" Are Cities Responsibly Managing the Integration of Group Homes (report released 6/12/23) Additionally, the Grand Jury issued a report entitled "Historic Rain, Yet Drought Remains" (Attachment 7) that requests but does not require a response from the City. Because this report does not require a response, staff recommends not responding. However, the City Council may request staff to prepare a response. If so directed, Grand Jury Reports permit an extension of time up to six months from the public release date if necessary for further analysis. Staff would request this extension and return for future City Council review and approval of that response. Staff has drafted responses to the three reports that require the City's response in conjunction with the City Attorney (Attachments 2, 4, and 6). With City Council approval, staff will submit the responses to Presiding Judge of the Superior Court Maria Hernandez by the required deadline. Environmental Status: The requested action is an administrative activity of the City Council that would not result in direct or indirect physical environmental effects. As such, the requested action is not a project pursuant to Section 15378 of the California Environmental Quality Act (CEQA) Guidelines and no further CEQA review is required. Strategic Plan Goal: Non Applicable -Administrative Item Attachment(s): 1. Orange County Grand Jury Report: "Gimme Shelter and a Pound of Advice - The State of City of Huntington Beach Page 2 of 3 Printed on 8/31/2023 powere2r4£y LegistarTM File #: 23-712 MEETING DATE: 9/5/2023 Animal Welfare Overseen by the County of Orange" 2. Draft Response to "Gimme Shelter and a Pound of Advice - The State of Animal Welfare Overseen by the County of Orange" 3. Orange County Grand Jury Report: "School Shootings: How Prepared are Orange County Schools" 4. Draft Response to "School Shooting: How Prepared are Orange County Schools" 5. Orange County Grand Jury Report: "'Welcome to the Neighborhood' Are Cities Responsibly Managing the Integration of Group Homes" 6. Draft Response to "'Welcome to the Neighborhood' Are Cities Responsibly Managing the Integration of Group Homes" 7. Orange County Grand Jury Report: "Historic Rain, Yet Drought Remains" City of Huntington Beach Page 3 of 3 Printed on 8/31/2023 powere4y LegistarTM aTlflgr' ,� -/ CITY OF HUNTINGTON BEACH 2000 MAIN STREET, 4TH FLOOR CALIFORNIA, 92648 cnv,vry ;;✓� TO: City Council Robin Estanislau, City Clerk FROM: Catherine Jun, Deputy City Manager CC: Travis Hopkins, Assistant City Manager DATE: September 5, 2023 SUBJECT: Supplemental Communication for Item 19 (File# 23-712) on the 9/5/23 City Council Meeting Agenda This Supplemental Communication requests the following changes to the 9/5 City Council Agenda Item 19 (Approve responses to the 2023-23 Orange County Grand Jury reports related to animal welfare, school safety, and group homes). • Amend the Subject line for clarity: Approve responses to the 2022-23 Orange County Grand Jury Reports related to animal wellar-e7 school safety and group homes; approve submission of a City request for a 60- day extension to provide responses to an animal welfare Grand Jury report; approve a "no response"action to a California drought Grand Jury report. • Amend Recommended Action (A) for clarity: Approve the City's responses to findings and recommendations posed by the Orange County Grand Jury related to , school shootings, and group homes; approve submission of the City's request for a 60-day extension (thru 10/28/23) to provide responses to findings and recommendations posed by the OC Grand Jury report related to animal welfare; and • Standardized all draft responses to Grand Jury reports using the same format, letterhead, and signatory (Mayor) for consistency. This standardization will be applied to all future Grand Jury responses. Should you have any questions, please contact our office. Thank you. SUPPLEMENTAL COMMUNICATION Meeting Date: q1/5 a 3 Agenda item No.; l 9(793 -- 1(2) TELEPHONE (714) 536-5553 ( lP V CITY OF HUNTINGTON BEACH 9 ' " / 2000 MAIN STREET, 4TH FLOOR CALIFORNIA, 92648 \-• 'e I `CFCou c,!, August 24, 2023 Maria Hernandez Presiding Judge of the Superior Court 700 Civic Center Drive, West Santa Ana, CA 92701 RE: City of Huntington Beach Response to the 2022-2023 Orange County Grand Jury Report, "School Shootings: How Prepared are Orange County Public Schools?" Honorable Presiding Judge Hernandez: In accordance with Penal Code 933 and 933.05(a) and (b), the City of Huntington Beach submits the following response to the report, findings, and recommendations of the 2022-2023 Orange County Grand Jury Report titled, "School Shootings: How Prepared are Orange County Public Schools?" FINDINGS F1: Law enforcement, first responders, and other stakeholders have demonstrated a strong interest in working cooperatively with Orange County Public Schools to mitigate the risk of an active shooter incident; the establishment of MOUs between law enforcement and school districts would strengthen this cooperation. Response: The City of Huntington Beach agrees with this finding. F8: School Resource Officers (SROs) are a valuable asset for school safety, yet many cities/districts do not allocate sufficient funds to hire needed officers. Response: The City of Huntington Beach agrees with this finding. RECOMMENDATIONS R1: Each Orange County school district should arrange for local law enforcement to do an annual safety inspection of each school. The written safety checklist should include an audit of the integrity of site boundaries and a review of safety plans and policies. This annual safety audit should commence with the 2023-24 school year by October 1, 2023, and annually thereafter. Response: This recommendation has been implemented. Prior to the start of the 2022 / 2023 school year, Huntington Beach Police Department SROs completed school safety inspections of all 32 public school campuses. This included updating the police department's maps of each campus, and making them available in a digital format accessible to all officers. TELEPHONE (714) 536-5553 Response—Grand Jury Report(School Shootings) 8/24/23 Page 2 of 2 R3: Each Orange County school district, in conjunction with law enforcement, should develop and implement tabletop exercises to be conducted in district schools by December 31, 2023, and annually thereafter. Response: This recommendation requires further analysis and discussion with our public school districts and neighboring public safety agencies since four of the five public school districts operating in Huntington Beach have campuses outside of Huntington Beach city limits. These discussions will occur within the next six months. R4: Each Orange County school district should work with local law enforcement to plan and conduct a district-wide active shooter drill by July 1, 2024, and at least every other year thereafter. Response: This recommendation requires further analysis and discussion with our public school districts and neighboring public safety agencies, since four of the five public school districts operating in Huntington Beach have campuses outside of Huntington Beach city limits. These discussions will occur within the next six months. R12: Each Orange County school district should assess the need for SROs or additional SROs, reaching out to appropriate community partners to facilitate funding by July 1, 2024. Response: This recommendation requires further analysis. The City supports the continual involvement of our public school districts to assess the need for additional SROs and facilitate funding of these positions. Should you have any questions or need additional information, please contact City Manager Al Zelinka at 714-536-5202 or via email at al.zelinka(a�surfcity-hb.orq. Respectfully submitted, Tony Strickland, Mayor Cc: Al Zelinka, City Manager Travis Hopkins, Assistant City Manager Eric Parra, Police Chief Michael Gates, City Attorney NT I NGT' °_ „c,'� CITY OF HUNTINGTON BEACH z 2000 MAIN STREET, 4TH FLOOR CALIFORNIA, 92648 .ii September 5, 2023 Maria Hernandez Presiding Judge of the Superior Court 700 Civic Center Drive West Santa Ana, CA 92701 RE: City of Huntington Beach Response to the 2022-2023 Orange County Grand Jury Report, "Welcome to the Neighborhood" Are Cities Responsibly Managing the Integration of Group Homes?" Honorable Presiding Judge Hernandez: In accordance with Penal Code 933 and 933.05(a) and (b), the City of Huntington Beach submits the following response to the report, findings, and recommendations of the 2022-2023 Orange County Grand Jury Report titled, "Welcome to the Neighborhood"Are Cities Responsibly Managing the Integration of Group Homes?" FINDINGS FL Group homes too close to one another contribute to the problems associated with overconcentration. Response: The City of Huntington Beach agrees with the above finding. F2. Common nuisances are more likely and disruptive when sober living homes are concentrated in a small geographic area of a neighborhood. Response: The City of Huntington Beach agrees with the above finding. F3. Some cities have successfully addressed and informed community members about the challenges faced in regulating group homes. Response: The City of Huntington Beach agrees with the above finding F4. Community satisfaction was minimal when cities took the traditional public comment approach towards addressing community complaints. Response: The City of Huntington Beach is not sure what this refers to, e.g., community complaints about the issue generally or specific homes, or the City's historical response to the issue (?). F5. Cities are not utilizing police, fire, and code enforcement complaints as a means of locating and tracking Group Homes. TELEPHONE (714) 536-5553 Response—Grand Jury Report(Group Homes) 9/5/2023 Page 2 of 3 Response: The City of Huntington Beach may disagree partially with the above finding. Complaints about alleged illegal activity or residential nuisances received through police and code enforcement are used to locate and track alleged illegal activity or residential nuisances until the complaint is resolved. F6. Cities are inhibited from enacting and enforcing ordinances due to fears over the potential cost of litigation. Response: This may be true for other cities, the City of Huntington Beach is not certain. The City of Huntington Beach has enacted and does enforce its ordinances for the benefit of both the communities in which these homes are located, but also for the safety and protection of those residents in those homes. F7. Several cities have created an ordinance that requires a ministerial permit or registration to operate a group home, however many of these cities do not enforce their ordinances. Response: This,may be true for other cities, the City of Huntington Beach is not certain. The City of Huntington Beach has enacted and does enforce its ordinances for the benefit of both the communities in which these homes are located, but also for the safety and protection of those residents in those homes. F8. City and County officials are deterred from regulating group homes by California Housing and Community Development's housing element approval process. Response: The City of Huntington Beach agrees with the above finding; although, the City's current regulatory scheme was not a barrier to the City obtaining approval of its proposed Housing Element. F9. Cities have historically strategized and acted independently in addressing group home challenges and solutions. Response: The City of Huntington Beach agrees with the above finding. F10. Well-operated group homes can integrate smoothly into neighborhoods. Response: The City of Huntington Beach agrees with the above finding. F11. There is a lack of regulatory oversight for the health and safety of residents of unlicensed group homes. Response: The City of Huntington Beach agrees with the above finding; which is why the City's current regulatory scheme is meritorious. The City's regulations aim to protect both the communities in which the homes are located and those residents in those homes. RECOMMENDATIONS RI. Orange County cities and the County of Orange should address citizen concerns regarding group homes by providing an opportunity for an open dialog where an interdisciplinary panel of subject matter experts can share with attendees the challenges cities are facing in the management of group homes. To be implemented by July 1, 2024. (F3,F4) Response—Grand Jury Report(Group Homes) 9/5/2023 Page 3 of 3 Response: This recommendation has not yet been implemented, but will be implemented by the City to the extent requested by the County of Orange and other Orange County cities by July 1,2024. R2. By December 31, 2024, Orange County cities and the County of Orange should collaborate in their efforts to create ordinances for the regulation of group homes, including the development of model ordinances. (F6, F7, F9) Response: The City of Huntington Beach has already adopted a local ordinance. R3. Orange County cities and the County of Orange should pool resources for defense of lawsuits challenging group home ordinances. To be implemented by July 1, 2024. (F6, F8, F9) Response: The City of Huntington Beach's regulations are currently in compliance with State Law. R4. The County of Orange and Orange County cities should create a Task Force that includes representatives from OC cities, unincorporated areas, and other entities as appropriate and charge it with the responsibility of developing a plan to generate awareness among State legislators and regulators of the need for improved regulations and management standards to ensure health and safety for Group Home residents. To be implemented by July 1, 2024.(F2, F10,FII) Response: The City is willing to participate in a countywide task force to the extent requested by the County of Orange and other Orange County cities by July 1, 2024. R5. Orange County cities and the County of Orange should modify code enforcement report data collection forms to include a searchable field that enables the identification of a residence operating as a group home. To be implemented by July 1, 2024. (F5, F7, FII) Response: The City is willing to consider this to the extent requested by the County of Orange and other Orange County cities by July 1,2024. Should you have any questions or need additional information, please contact City Manager Al Zelinka at 714-536-5202 or via email at al.zelinka(a�surfcity-hb.orq. Respectfully submitted, Tony Strickland, Mayor Cc: Al Zelinka, City Manager Travis Hopkins, Assistant City Manager Jennifer Villasenor, Acting Director of Community Development Michael Gates, City Attorney '/�o 0.I1NGTp2� ' \ CITY OF HUNTINGTON BEACH �ti' ��..7 `z,� 2000 MAIN STREET, 4TH FLOOR CALIFORNIA, 92648 `-FCouNTY t jI August 29, 2023 Maria Hernandez Presiding Judge of the Superior Court 700 Civic Center Drive, West Santa Ana, CA 92701 RE: City of Huntington Beach Response to the 2022-2023 Orange County Grand Jury Report, "Gimme Shelter and a Pound of Advice, 'The State of Animal Welfare Overseen by the County of Orange.' Honorable Presiding Judge Hernandez: In accordance with Penal Code 533.05(b)(3), the City of Huntington Beach requires an extension of time totaling 60 days from the date of this letter to respond to the 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 provides the following explanation and timeframe of the analysis requiring the extension in time. FINDINGS: F4: Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. F6: The Orange County Animal Care Volunteer program was stopped during COVID-19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. F7: Orange County Animal Care's Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. TELEPHONE (714) 536-5553 Response—Grand Jury Report(Animal Shelters) 8/29/23 Page 2 of 3 F8: The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F9: Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter's dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F10: While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel's legal opinion that the program violates a California statute related to willful animal abandonment. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F11: The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F12: There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F13: The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters' access to all available animals. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F15: Internal and community engagement does not adequately communicate the shelter's mission and operating strategy. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. Response—Grand Jury Report(Animal Shelters) 8/29/23 Page 3 of 3 F16: The information currently on the Orange County Animal Care website for low-cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. RECOMMENDATIONS: 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. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. Should you have any questions or need additional information, please contact City Manager Al Zelinka at 714-536-5202 or via email at al.zelinkasurfcity-hb.orq. Respectfully submitted, Tony Strickland, Mayor Cc: Al Zelinka, City Manager Travis Hopkins, Assistant City Manager Eric Parra, Police Chief Michael Gates, City Attorney Attachments: 1) OC Grand Jury Animal Shelter Contact City Survey 2) Agreement for provision of OC Animal Care services between County and Huntington Beach California Penal Code Sections §933 and 4933.05 (Note:To reduce grand jury requests for additional response information,the grand Jury has bolded those words in§933.05 which should be appropriately included in a response.) 933. (a) Each grand jury shall submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year.Final reports on any appropriate subject may be submitted to the presiding judge of the'superior court at any time during the term of service of a grand jury.A final report may be submitted for comment to responsible officers,agencies,or departments, including the county board of supervisors,when applicable,upon finding of the presiding Judge that the report is in compliance with this title.For 45 days after the end of the term,the foreperson and his or her designees shall,upon reasonable notice,be available to clarify the recommendations of the report. (b) One copy of each final report,together with the responses thereto,found to be In compliance with this title shall be placed on file with the clerk of the court and remain on file in the office of the clerk.The clerk shall immediately forward a true copy of the report and the responses to the State Archivist who shall retain that report and all responses in perpetuity. (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority,the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body,and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court,with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls.In any city and county,the mayor shall also comment on the findings and recommendations.All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury.A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk,or the mayor when applicable,and shall remain on file in those offices.One copy shall be placed on file with the applicable grand jury final report by,and in the control of the currently impaneled grand jury,where it shall be maintained for a minimum of five years. (d) As used in this section"agency" includes a department. 933.05. (a) For purposes of subdivision(b)of Section 933,as to each grand jury finding,the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. •(2) The respondent disagrees wholly or partially with the finding,in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision(b)of Section 933,as to each grand jury recommendation,the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented,with a summary regarding the implemented action. (2) The recommendation has not yet been implemented,but will be implemented in the future,with a timeframe for implementation. • (3) The recommendation requires further analysis,with an explanation and the scope and parameters of an analysis or study,and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed,including the governing body of the public agency when applicable.This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable,with an explanation therefor. (c) However,If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer,both the agency or department head and the board of supervisors shall respond If requested by the grand jury,but the response of the board of supervisors shall address only those budgetary or personnel matters over which It has some decision making authority.The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation,the grand jury shall meet with the subject of that investigation regarding the Investigation, unless the court,either on its own determination or upon request of the foreperson of the grand jury,determines that such a meeting would be detrimental. (I) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge.No officer,agency, department,or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. Appendix 3: Orange County Grand Jury Animal Shelter Contact City Survey 1. How long has your city been serviced by the Orange County Animal Shelter? The City of Huntington Beach has been in contract with the Orange County Animal Shelter since 1995. Please see attached service contract. a. What factors motivated the city to contract with the Orange County Animal Shelter? OCAC provides a wide variety of services needed for the citizens of Huntington Beach. Please see service contract attached outlining these services. 2. What services have you contracted for the Orange County Animal Shelter? (i.e., Shelter, Animal Control, Licensing, other) We contract for Animal Control, Licensing, Shelter, impound, and Barking Dog Complaints. Please see attached service contract outlining these services. 3. What animal control and care services does the city continue to reserve for itself or contract out to other agencies or vendors not with the Orange County Animal Shelter? (i.e., Control, Licensing, other) Coyote Management Services. 4. How often is the city contract with the Orange County Animal Shelter reviewed and renewed? The current contract term is 10-years and expires in May 2026. The contract is reviewed annually. 5. Describe any regularly scheduled processes the city has in place to review the quality of service provided by the Orange County Animal Shelter. There are occasional site visits, but none of which are regularly scheduled. The City relies on periodic reports provided by the agency. a. Describe the measure or metrics the city uses when evaluating the Animal Shelter. Please provide a copy of the last review of the Animal Shelter conducted by the city. Reviews specific to the Animal Shelter have not been conducted. b. Describe any reviews of the Orange County Animal Shelter and the services it provides as part of the Shelter contract review and renewal. Reviews specific to the Animal Shelter have not been conducted. c. Who conducts Animal Shelter reviews for the city? Although the Huntington Beach Police Department would be the designated reviewer, no reviews specific to the Animal Shelter have been conducted. d. Are Animal Shelter reviews presented to the City Council for their consideration? Reviews specific to the Animal Shelter have not been conducted. 6. Does your City have an appointed member of city staff to serve as liaison between the City and OCAC management? A Captain of the Huntington Beach Police Department serves as the liaison between the City and OCAC. a. How frequently does your city meet with OCAC management? OCAC hosts monthly meetings, or as needed. 7. As it relates to the sheltering and adoption services provided by the OCAC (if any) describe your level of satisfaction or any concerns with the service and support. The City of Huntington Beach has no sheltering concerns and does not have experience with the adoption services provided by OCAC. 8. As it relates to Animal Control services being provided (if any) describe your level of satisfaction or any concerns with the service and support. The City of Huntington Beach is generally satisfied with the contracted services provided by OCAC. 9. As it relates to Licensing fees and processing (if any) describe your level of satisfaction or any concerns with the service and support. The City of Huntington Beach is generally satisfied with the licensing fees and processing services provided by OCAC. 10. How reasonable are the County fees for providing this service? The fees for services seem to be in line with industry standards. 11. Have members of your community voiced any concern with OCAC Shelter policies or practices? The City has received emails and electronic messages regarding concerns with OCAC. a. Please provide the Grand Jury with any of the city's complaint logs or records pertaining to the Orange County Animal Shelter. The Huntington Beach Police Department met with OCAC regarding this correspondence. Please see the attached PowerPoint presentation provided during that meeting. 12. Are there any improvements in the service OCAC provides or in the City's relationship with the Shelter you would like to see? The City of Huntington Beach is generally satisfied with the service and communication provided by OCAC. • AGREEMENT FOR PROVISION OF OC ANIMAL,CARE SERVICES , BETWEEN COUNTY OF ORANGE AND CITY OF HUNTINGTON BEACH MAY 31,2016 THROUGH MAY 30,2026 THIS AGREEMENT entered into this 31 sr day of May 2016,which date is enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE,a political subdivision of the State of California (COUNTY) and the CITY OF HUNTINGTON BEACH (CITY). This Agreement shall be administered by County of Orange OC Community Resources(ADMiNISTRATOR). WITNESSETH: WHEREAS, CITY wishes to contract with COUNTY for the provision of the OC Animal Care Services described herein;and WHEREAS, COUNTY is willing and able to provide such services on the teens and conditions hereinafter set forth: NOW,THEREFORE,IT IS MUTUALLY AGREED AS FOLLOWS: I/ // 1/ /1 /1 // Il 1/ 1/ 11 // 1l // // /1 is 1 u REFERENCED CONTRACT PROVISIONS Term: MAY 31,2016 through MAY 30,2026 Notices to COUNTY and CITY: r COUNTY,. County of Orange OC Community Resources Director's Office 1770 North Broadway Santa Ana,CA 92706-2642 and County of Orange OC Community Resources OC Animal Care Director 561 The City Drive South Orange,CA 92868 CITY: City Manager City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 // /1 I/ /I I- /1 II 1/ // I- /I /1 1/ 1/ crry or)m)n1NGTON BEACH 3 of 7 covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY shall provide evidence of such insurance. IIf. NOTICES A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements authorized or required by this Agreement shall be effective: 1. When written and deposited in the United States mail, first class postage prepaid and addressed as specified on Page 3 of this Agreement or otherwise directed by ADMINISTRATOR or • CITY; 2. When FAX..ed,transmission confirmed; • 3. When sent by electronic mail;or 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service. B. Termination Notices shall be addressed as specified on Page 3 of this Agreement or as otherwise directed by ADMINISTRATOR or CITY and shall be effective when FAXed, transmission confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service. C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming aware of any occurrence of a serious nature, which may expose either party to liability. Such occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any COUNTY property in possession of CITY. • D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by • ADMINISTRATOR. • . IV. SEVERABILITY If a court of competent jurisdiction declares any provision of this Agreement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any federal, state, or county statute, ordinance, or regulation,the remaining provisions of this Agreement or the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain in full force and effect,and to that extent the provisions of this Agreement are severable. V. STATUS OF THE PARTIES Each party is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the mariner in which it performs The services required of it by the terms of this Agreement. Each party is entirely responsible for compensating staff and consultants employed by that party. This Agreement shall not be construed as creating the relationship of employer and employee,or principal and agent, between COUNTY and CITY or any of either party's employees; agents, consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its • cow OF HUNTINGTON BEACH 5 of 7 VIII. THIRD PARTY BENEFICIARY Except to the extent provided for in Section VII above with respect to other contracting cities, neither party hereto intends that this Agreement shall create rights hereunder in third parties including, but not limited to,any subcontractors or any clients provided services hereunder. IX. WAIVER OF DEFAULT OR BREACH Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default or any breach shall not be considered a modification of the teams of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. • CITY OF HUNTINGTON BEACH BY: DATED: BY: ! M tr`10 ATTEST: al2441 BY: � � DATED: - 8'- D/ CITY CLERK APPROVED AS TO FORM: BY: �� DATED: , ATTORNEY J� CITY b sh.01tCa CITY OP HUNTINGTON BEACH 7 of 7 .l E IIBIT A TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH MAY 31,2016 THROUGH MAY 30,2026 I. DEFINITIONS A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing Animal Care Services to CITY pursuant to this Agreement. B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, the estimated cost of the services,and the effective date. C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as specified,by category,in Paragraph II.B.of Exhibit A to this Agreement. D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by COUNTY to CITY pursuant to this Agreement. E. "Fiscal Year"means a twelve(12)-month period from July through June. F. "Net Cost"means Actual Cost minus Fee Revenue. G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service category. II. SERVICES TO BE PROVIDED BY COUNTY A. ANIMAL CARE NOTICE OF INTENT 1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified below in subparagraph ll.l3. of Exhibit A to this Agreement, CITY would like COUNTY to provide during the next Fiscal Year. CITY and COUNTY may agree to individualized levels of Service Details within the Animal Care Services selected. Requests for individualized levels of Service Details will only be considered by COUNTY if the resulting service level will not conflict with state or federal statutes and will not endanger public health. • 2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of Intent which shall include, but not be limited to, a list of Animal Care Services, and individualized Service Details, if any, COUNTY agrees to provide, estimated costs for said services, and the start date for those services. COUNTY shall provide the Animal Care Services specified in the Animal Care Notice of Intent signed by both ADMINISTRATOR or designee, and an authorized representative of CITY. CITY OF HUNr1NGrON MACH 1 of 6 EXHIBIT A { animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner identification; contact of owners when animals are wearing identification; sale or release of impounded animals to residents; animal evaluation for adoption; reasonable effort toward animal placement; public education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are neither redeemed nor adopted; veterinary services and spayhreuter surgeries consistent with standards established by the California Veterinary Medical Board; and necropsies on animals that die under suspicious circumstances or at the request of law enforcement. b. CITY may request additional retention days for healthy, non-aggressive impounded animals. Additional retention days will he offered to CITY upon written approval by COUNTY's OC Community Resources Director,or designee,on a space available basis only. e. COUNTY agrees to maintain its Shelter in a humane manner, consistent with • applicable laws, keep said premises in a clean condition at all times, and use humane methods of care consistent with applicable laws. d. No animals may be donated, sold or otherwise released for the purposes of experimentation,research or vivisection. 4. BARKING DOG COMPLAINT SERVICES — Barking Dog Compliant Services include, but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding barking dog complaints, issuance of citations, and administrative hearings in response to complaints received by COUNTY for barking dogs within jurisdiction of CITY. 5. STANDARD LICENSING SERVICES —Standard Licensing Services include,but are not limited to, animal license issuance and renewal, fee collection and payment services; customer support regarding animal licensing;animal license billing; and delinquent animal license follow-up. 6. CITY LICENSE SERVICES a. City License Services include, but are not limited to, issuance of CITY animal licenses at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY. COUNTY shall provide quarterly licensing reports to CITY. b. CITY shall make its best effort to provide updated animal licensing information to COUNTY. 7. ANIMAL IMPOUND SERVICES —Animal Impound Services include, but are not limited to, data entry of impound information for each live or deceased animal from CITY, impound animal photography for each live animal, owner notification of impounded animal, and posting of animal photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged by COUNTY. • C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services. COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior notification given to CITY. D. Animals which are being retained for criminal prosecutions, except for violations of animal CITY Or HUNTI C ON BEACH 3 of 6 EXHIBIT A •. k I / I 2. If payment is not received by COUNTY by the payment due date specified above in subparagraph M.B. of Exhibit A to this Agreement, COUNTY may cease providing any further service under this Agreement and may satisfy the indebtedness in any manner prescribed by law. 3. COUNTY may modify the payment schedule upon six(6)months written notification to CITY. IV. CITY MANAGERS ASSOCIATION ANIMAL CARE COMMITTEE A subcommittee of the Orange County City Managers Association representing all cities participating in OCAC services exists to facilitate communication between OCAC and the city managers and staff of participating cities regarding financial and operational matters of OCAC, including, but not limited to: the assessment of cost options for animal care services provided under the Services • Agreements; supplemental services or financial requests which result in a change to a participating city's Actual Cost;consideration of new or adjusted fees;and other Service Details which may arise during the course of the Agreement. COUNTY shall provide regular updates on operations to the City Managers Association Animal Care Committee and to a participating city upon request. V. LAWS AND REGULATIONS A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services provided by COUNTY to CITY may be changed to comply with said laws, regulations, and requirements. ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact Animal Care Services provided through this Agreement. • B. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care Notice of Intent,CITY shall enact and maintain.in full force and effect ordinances identical to COUNTY • ordinances which apply to said service, including but not limited to, those related to fees. ADMINISTRATOR shall notify CITY Of the deadline for adopting said ordinances. If COUNTY is unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend provision of one or all Animal Care Services to CITY or may terminate this Agreement. It is solely the responsibility of CITY to immediately notify COUNTY of any discrepancy between relevant ordinances maintained by CITY and those maintained by COUNTY. D. If CITY wishes to maintain any relevant ordinance that is not consistent, on any point, with COUNTY ordinances, CITY shall immediately notify COUNTY of the discrepant ordinance. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of COUNTY animal care ordinances and may agree to enforce, and issue citations for violations pursuant to, the discrepant CITY ordinance. CITY acknowledges that individualized enforcement of unique CITY ordinances may result in increased costs to CITY. CITY of H'UNTINGTON BEACH 5 of 6 EXHIBIT A VII. RECORDS A. All records created or received by COUNTY in accordance with the performance of COUNTY services pursuant to this Agreement are confidential. COUNTY agrees to keep said records in such form and manner as the Auditor-Controller of COUNTY shall specify. Said records shall be open for examination by CITY at all reasonable times. B. Once each Fiscal Year,COUNTY shall-deliver to CITY only the addresses of each CITY licensed animal upon demand without additional expense or cost to CITY, Any such information requested which is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to government code. Prior to each disclosure, CITY agrees to complete and return to COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties agree and understand that this procedure is required by the Public Records Act and necessitated to permit CITY to obtain the information required for its use, and to allow COUNTY to disclose said information. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in possession of such records,and permitted by state law to disclose them voluntarily. • // 1/ // /I // // 1/ // // // /I /i // // // // // /I // // // I/ • MY OF HLNJNOTON BEACH 7 of 6 EXHIBIT A ORA 'C E COUNTY dCCo.rnmunityResurces Our Community. Our Commitment. STEVE FRANKS DIRECTOR August 17, 2016 OC COMMUNITY RESOURCES JENNIFER HAWKINS,DVM City of Huntington Beach DIRECTOR OC ANIMAL CARE Attn: Robin Estanislau 2000 Main Street RENEE RAMIREZ Huntington Beach, CA 92648 INTERIM DIRECTOR OC COMMUNITY SERVICES Dear Ms. Estanislau, IULIA BIDWELL INTERIM DIRECTOR HOUSING&COMMUNITY DEVELOPMENT&HOMELESS I Re: New Shelter Participation and Services Agreements PREVENTION f STACY BLACKWOOD Enclosed is the fullyexecuted original Oran a CountyAnimal Care DIRECTOR g CC PARKS Services Agreement and the Shelter Participation Agreement between the City of Huntington Beach and OC Animal Care. HELEN FRIED COUNTY LIBRARIAN OC PUBLIC LIBRARIES i If you have any questions, please contact me at 714.796.6416 or via e-mail at Ariana.Mandujano©occr.ocgov.com. Thank you for your assistance in this matter. Regards, Ariana Mandujano j :_ Staff Specialist • 'Y44ron- 561 THE CITY DRIVE SOUTH ORANGE,CA 92868 PHONE: 714,935.6848 FAX: 714.935.6373 F 1 4x 411NL.�i.'.'S E i EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH MAY 31,2016 THROUGH MAY 30,2026 ANIMAL CARE NOTICE OF INTENT This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: JULY 1,2023,through JUNE 30,2024. COUNTY agrees to provide to the City of HUNTINGTON BEACH the following Animal Care Services beginning JULY 1,2023: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is$1,635,330. This is a new Animal Care Notice of Intent for the Period indicated above. ❑ This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above. Significant Changes Since the Previous Animal Care Notice of Intent: To the best of my knowledge,this notice specifics the Animal Care Services to be provided by COUNTY. Z tt� t vJ 1Z1-12-4--rx vc-; (-)Fs .64-P ‘4(2-sis_S City of HUNT dT05. BEACH Representative and Title Date Alit( OC Animal Care Director ate APPROVED AS TO ORM BY M AELC.G S ►1Ij CITY ATrOO EY 1�M CITY Or HUNTINGTON BEACH CITY OF IIUNTINGTON BEACH I of 1 EXHIBIT B ATTACHMENT # 1 ' ;,. „ s Vn K i y E Al' _ _ , tea t ' { �l• ' ' ,n e 3 v- y: r t� $ j =5g ,j _ 5' '.s x `' . g¢ r y e t Y R t C - ii. ),<' Afit....,,• :.*4 .. . ,. .. 4'4, ..,,,‘,.. ,..... Gimme Shelter and a Pound of Advice The State of Animal Welfare Overseen by the County of Orange .� ter. Q O r' 9tIFO1 COUNTY OF ORANGE Grand Jury 2022-2023 248 Gimme Shelter and a Pound of Advice TABLE OF CONTENTS TABLE OF CONTENTS 2 TABLE OF FIGURES AND TABLES 3 SUMMARY 4 BACKGROUND 5 REASON FOR STUDY 8 METHOD OF STUDY 8 Interviews 8 Surveys 9 Site Visits 9 Key Documents 9 Documents Requested but Not Provided 10 INVESTIGATION AND ANALYSIS 10 Services and Facilities 10 Volunteer and Rescue Relations 12 Human Resources 13 Animal Care Attendants 14 Communication 16 Policies and Procedures 16 COVID-19 17 Facilitating Adoption 18 Spay and Neuter Overview 19 Trap, Neuter and Return 20 Euthanasia Report 22 Asilomar Reports 22 Analysis of OCAC Data 23 Dog Euthanasia: 25 Impediments to the Investigation 27 CONCLUSION 30 FINDINGS 31 Management' 31 Animal Welfare 31 Communication / Outreach 32 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 2 OF 51 249 Gimme Shelter and a Pound of Advice Impediments to the Investigation 32 RECOMMENDATIONS 33 Management. 33 Welfare 33 Communication / Outreach 34 Impediments to the Investigation 35 REQUIRED RESPONSES 36 Findings— 90-day Response Required 37 Recommendations— 90-day Response Required 38 REQUESTED RESPONSEs 39 Findings — 90-Day Response Requested 39 Recommendations — 90-Day Response Requested 39 REFERENCES 40 APPENDIX 1 42 Table 1 -Adult Cat Euthanasia and TNR Rates by Quarter 42 APPENDIX 2 43 Table 3 - Dog Behavioral Euthanasia Rates by Quarter 43 APPENDIX 3 44 Orange County Grand Jury Animal Shelter Contract City Survey 44 APPENDIX 4 45 Orange County Grand Jury Independent City Shelter Survey 45 Appendix 5 46 OCAC 4th Quarter 2022 Asilomar Report 46 ABBREVIATIONS: 47 GLOSSARY: 48 DISCLAIMER 51 TABLE OF FIGURES AND TABLES Figure 1 - Map of Orange County 7 Figure 2 -Adult Cat Euthanasia Rates 24 Figure 3 - Dog Euthanasia Rates (Behavioral) 26 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 3 OF 51 250 Gimme Shelter and a Pound of Advice SUMMARY Orange County Animal Care has been a source of public concern since the 1990s, with no less than five previous Orange County Grand Jury reports detailing troubling conditions. The previous reports cited excessive euthanasia rates, poor leadership, inadequate numbers of animal care attendants, a lack of cooperation between staff departments, the exclusion of kennel staff from euthanasia decisions, the lack of proper assessment of animals chosen for euthanasia, and low morale negatively impacting operation of the shelter. Recent public outcry citing conditions at the shelter, recent litigation, and publicly circulated petitions calling for changes at the shelter suggest the previously expressed concerns remain. In addition to these publicly voiced concerns, the current Orange County Grand Jury received direct complaints requesting an inquiry. The Grand Jury determined a renewed investigation was warranted. The investigation focused on three major areas of concern: the management of the shelter, the welfare of animals under shelter care, and the communication and engagement with the public and the 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, the shelter decided to stop its TNR program. The Grand Jury's investigation determined that termination of the TNR program had detrimental consequences for the welfare of the animals under the shelter's care. The elimination of the TNR program also has contributed to substantial public dissatisfaction and alienation that undermines the public's and the rescue community's relations with shelter leadership. During the Grand Jury's investigation, it was reported by the shelter's senior management that the termination of the TNR program resulted from an opinion rendered by the County's legal counsel. Understanding the reason leading to the decision to terminate the TNR program would be important for considering whether the program can and/or should be reinstated. Toward that end, the Grand Jury endeavored to obtain a copy of the opinion of the County's legal counsel by directing a written request to the Chair of the Orange County Board of Supervisors. While the Grand Jury recognizes that the opinion may enjoy confidentiality pursuant to the attorney-client privilege, the Board of Supervisors has the discretion to waive that privilege. The Grand Jury's request included its commitment to maintain the confidentiality of the opinion itself and its contents. Nevertheless, the request was declined, as was the Grand Jury's alternative request that the County simply identify the legal authority reviewed in studying the issue. Members of shelter management indicated their understanding the TNR program was terminated due to the opinion that the program violates a state law. The law makes it a crime to willfully abandon an animal notwithstanding that the program was designed to ORANGE COUNTY GRAND JURY 2022 12023 PAGE 4 OF 51 251 Gimme Shelter and a Pound of Advice return cats to their original location rather than releasing them to randomly selected sites. TNR programs are widespread throughout California, not to mention the nation as set forth in a report from the American Bar Association. The Grand Jury is unaware of any published court case determining that a bona fide TNR program is prohibited under the anti-abandonment statute. Given the important benefits to animals and the public provided by such programs, the Grand Jury believes it would be prudent for the County to revisit the propriety of the former program and consider obtaining a second legal opinion. This report highlights analysis of data provided to the Grand Jury by the shelter indicating that euthanasia rates related to dog behavior and to cats have increased significantly within the last two years. The increase in dog behavioral euthanasia rates suggests that there is inconsistency over time as to how dogs are being assessed and evaluated for behavior-related euthanasia. The increase in feline euthanasia rates appears to be correlated with elimination of the TNR program. This report also addresses the challenges in maintaining quality staff at the shelter, especially in the Animal Care Attendant positions. Hiring practices for the shelter are too cumbersome, lengthy and lack consideration of how those practices impact animal welfare. Animal Care Attendant staffing at the shelter is inadequate and Animal Care Attendant staffing vacancies need to be filled more quickly. This report discusses major deficiencies with each of the issues identified above and makes specific recommendations to help support a more engaged community. Status quo at the shelter is unacceptable. Appropriate remedial steps must be taken as animal welfare is paramount! Finally, this report comments on the difficulties the Grand Jury encountered during its investigation. Without explanation, the entirety of the Orange County County Counsel's office determined itself to be conflicted with the Grand Jury's inquiry into Orange County Animal Care. The investigation was hampered and slowed during the six weeks the Grand Jury was required to arrange for outside legal counsel. BACKGROUND Orange County Animal Care (OCAC) began operations in 1941 and was responsible for rabies and tending to lost livestock. In 1950, the population of Orange County was roughly 216,000. By January 2022, the estimated population was 3.1 million people. OCAC provides a myriad of services over a wide territory and variety of client needs and expectations. OCAC serves the unincorporated areas of Orange County and contracts its services to 14 client cities: Anaheim, Brea, Cypress, Fountain Valley, Fullerton, Huntington Beach, Lake Forest, Orange, Placentia, San Juan Capistrano, Santa Ana, Tustin, Villa Park, and Yorba Linda. The remaining cities in Orange County either have their own shelter or contract with other cities or non-profit groups to provide animal care and control services. The unincorporated areas of the county and the 14 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 5 OF 51 252 Gimme Shelter and a Pound of Advice contract cities have a combined population of approximately 1.8 million residents, greater than half of the total population of Orange County. In March 2018, a new shelter was opened on a 10-acre site at a cost of$35 million. The shelter includes a two-story, approximately 30,000 square-foot main building, six stand- alone kennel buildings, multiple dog play yards, a barnyard, and a rabbit housing area. OCAC can shelter up to 600 animals and is the single largest municipal animal facility in the western United States serving residents in one location. OCAC has 137 authorized staff positions. Approximately 21 staff are animal care attendants who are represented by the Teamsters Union. All other staff are represented by the Orange County Employees Association. Labor relations and contract terms must be taken into consideration while operating the shelter. OCAC, like most municipal shelters, relies upon a variety of rescue support groups and citizen volunteers to enhance animal welfare and outcomes. The relationship between shelter management, rescue groups, and volunteers has deteriorated in the last three years. The historical partnership between the shelter and rescue groups has become stressed due to a variety of reasons. The breakdown in communication, engagement, and trust between parties has negatively affected shelter operations. Most large municipal shelters are "kill" shelters, which are shelters where animals may be euthanized for any of a variety of reasons. Privately operated shelters and smaller municipal shelters tend to be non-kill shelters. Non-kill shelters may euthanize some animals in special cases, but generally do not euthanize animals. Large municipal shelters, owing to their size, capacity, public responsibility, operational mandates, and their positioning as "shelters of last resort," euthanize animals as a matter of course. Animals are euthanized for a variety of reasons, such as: • they suffer from irredeemable disease or injury, • they are of a species that represent a danger to the community, or • they are behaviorally unfit for adoption. Many shelters have Trap, Neuter and Return (TNR) programs. In accordance with these programs, feral and community cats are captured from their outdoor environment, taken to a shelter or veterinarian where they are neutered, and then returned to the location from where they were trapped. TNR programs serve to reduce colonies of feral and community cats in a humane manner and serve to manage and reduce this cat population. OCAC had a TNR program beginning in 2013 until early 2020 when it was discontinued. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 6 OF 51 253 Gimme Shelter and a Pound of Advice Figure 1 - Map of Orange County Cities Contracted with Orange County Animal Care Brea y s .. Fullerton Yarba Linda •lacenti- 4 Cypress Anaheim i2 Villa Park All 1,w Orange le ` Unincorporated 411 Santa area Fountain Ana Tustin Huntington. Valley Beach Lake 440414Forest �' �� Soto li de Gaza Las ,111Pir Flores San Juan liwits, Capistrano Ladera Ranch The map above shows the cities and unincorporated areas currently contracted with OCAC. All city contracts are not alike in that OCAC may provide partial services for some cities and full services for others. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 7 OF 51 254 Gimme Shelter and a Pound of Advice REASON FOR STUDY In 2022, the Grand Jury received 14 complaints about the Orange County Animal Care (OCAC) shelter. Many of those complaints were the same complaints addressed in five previous Grand Jury reports, including: • the shelter's unresponsiveness to community needs, • restricted public access to the shelter's kennels, • restricted opportunities to walk through the kennels and engage with adoptable animals, and • concerns related to inadequate staffing and volunteer levels. Complainants also expressed concerns about animal surrenders, a perceived increase in homeless cats with less spay/neuter availability, and the shelter's increased euthanasia rates. About the same time the Grand Jury was receiving public complaints about the shelter, a petition with thousands of signatures was delivered to the Orange County Board of Supervisors. The petition addressed the same concerns as the complaints received by the Grand Jury and demanded change in the shelter's appointment-only system and reinstatement of the shelter's TNR program. The Grand Jury also learned about a lawsuit filed by Elizabeth Hueg, Safe Rescue Team (a California 501(c)(3) nonprofit corporation), and Cats In Need Of Human Care (another California 501(c)(3) nonprofit corporation) seeking an injunction from the Orange County Superior Court for the assignment of a shelter monitor to oversee shelter operations. The 2022-2023 Grand Jury revisited OCAC because public discussion pointed to new and allegedly ongoing and unresolved concerns about shelter operations. The Grand Jury focused on current practices at OCAC to determine how well the needs of the animals, staff, and public are being met. METHOD OF STUDY The Orange County Grand Jury's objective is to provide an accurate portrayal of OCAC's current operations, culture, inner workings, and challenges. The Grand Jury investigation relied on interviews, public and shelter documents, surveys, site visits, and news accounts about the shelter. The information supporting the facts, findings, and recommendations in this report is corroborated, validated, and verified through multiple sources. interviews The interviews conducted by the Grand Jury focused on an in-depth review of OCAC management, staffing, operating structure, animal care procedures, communications, animal care statistics, operating plan, organization structure, morale, the volunteer 255 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 8 OF 51 Gimme Shelter and a Pound of Advice program, relationship with rescue organizations, and complaints. Interviews included the following: • Management and staff from OCAC. • Current and former volunteers from OCAC. • Management from the OC Community Resources (OCCR) office. • Management from the Orange County Centralized Human Resources and OCCR Human Resources offices. • Community complainants from Orange County Grand Jury Public Concern Letters. • Retained outside legal counsel. • Leaders of Orange County city-managed shelters. • Animal advocates. Surveys The Grand Jury solicited feedback from the shelter's clients by surveying the 14 cities contracted with OCAC to provide animal care and control services. Questions in the survey were crafted to determine city satisfaction with the services provided and cost effectiveness, and to solicit any concerns city leaders, managers, and residents may have with OCAC. (Appendix 3) A second survey was directed to the five independent city-managed animal shelters in Orange County, soliciting information about their shelter operations, staffing, animal population, adoption procedures, and other challenges. (Appendix 4) Site Visits The Grand Jury conducted tours and site visits to the OCAC shelter: • One visit was a guided tour of the facility, during which the Grand Jury was provided behind-the-scenes access to observe conditions and observe shelter staff as they went about their daily routines. • A second visit was an anonymous visit by two members of the Grand Jury. The two members visited the shelter to experience, firsthand, guest services and the appointment process for adopting an animal. • A third visit was an unscheduled visit to observe kennel cleaning and to gather additional documents and records. The Grand Jury also toured the City of Irvine Animal Shelter and the Mission Viejo Animal Services Center. Key Documents • Documents and information provided by OCAC: o Policy and Procedure Manual governing the Orange County Animal Shelter o Volunteer Program Manual 256 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 9 OF 51 Gimme Shelter and a Pound of Advice o Total number of volunteers who have served by year since 2018 o Organization Charts o Job Descriptions of all authorized and contracted positions o Statistics on animals under OCAC care, including adoptions o The OCAC Monthly and Quarterly National Shelter Statistics Project Data Matrix (2018-2022) o OCAC euthanasia records o OCAC Asilomar Reports • OCGJ cat and dog euthanasia statistical analysis derived from OCAC euthanasia records and OCAC Asilomar Reports • City Run Shelters and Contracted City survey responses and summaries • Reports from city-managed shelters • OCGJ Public Concern Letters • Legal briefs filed in the lawsuit against OCAC (Orange County Superior Court Case No. 30-2022-01282419-CU-WM-CJC) • Reports from five former OC Grand Juries: 1999-2000, 2003-2004, 2007-2008, and 2014-2015 (2 reports in 2014-2015) • OCAC Performance Audit responses (February 4, 2016) • American Bar Association legal opinion 102B, Tort Trial and Insurance Practice Section report to House of Delegates - Resolution No. 29N, pages 1 and 2 • California Penal Code Section'597s • OCAC Strategic Plan Executive Summary (January 22, 2018) - Strategic Priority, pages 1 to 4 • Association of Shelter Veterinarians Guidelines for Standards of Care in Animal Shelters Documents Requested but Not Provided • Daily census of all animals plus breakdown of number of cats and dogs from 2018 through 2022 (not provided by OCAC since it reportedly is not tracked). • Complaints and Grievance log. • The Grand Jury attempted, without success, to obtain a copy of OC County Counsel's opinion concerning the terminated TNR program. The Grand Jury's request to the Chair of the Orange County Board of Supervisors for a copy of the opinion was denied, as was an alternative request that the County simply identify the legal authority reviewed in studying the issue. INVESTIGATION AND ANALYSIS Services and Facilities The Orange County Animal Care (OCAC) shelter is the largest municipal shelter in the western United States serving residents in one location. The nature, size, and scope of the shelter adds complexity and unique challenges to its operation. The shelter employs 137 staff engaged in a variety of functions including animal sheltering and care, animal control, reuniting lost pets with their owners, veterinary services, licensing, adoption, marketing, public relations, and administration. Supporting the varied needs of over 1.8 257 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 10 OF 51 Gimme Shelter and a Pound of Advice million residents requires a substantial investment in facilities, infrastructure, personnel, organization, customer service, and public outreach. OCAC provides temporary shelter and medical care for "lost" owned or stray animals and opportunities for adoption of these animals. OCAC houses and provides medical care for impounded dogs, cats, and exotic animals. OCAC also provides animal control services that include removing dangerous non-domesticated animals where they pose a hazard to humans or other animals. OCAC is not a No-Kill shelter. OCAC euthanizes animals for several different and sometimes compelling reasons, including animals injured beyond redemptive medical care, behavior, species and breed, and age. The size and complexity of the shelter leads to numerous managerial and operational challenges. The shelter has space capacity to care for up to 600 animals; however, at times, the number of animals at the shelter exceeds shelter capacity. When capacity is exceeded, temporary capacity is created by moving cat cages into administrative areas such as the facility's training and conference room. On the day the Grand Jury toured the shelter, there were 450 animals. The Grand Jury was unable to obtain a full accounting of the average number of animals per day at the facility since OCAC only began keeping daily animal census records in December 2022. However, the Grand Jury was able to estimate average daily cat and dog count from the shelter's Asilomar reports. Average daily cat and dog count based on quarterly Asilomar data for the years 2021 and 2022 was between 350 and 400 cats and dogs. Actual daily counts will vary from the average and counts vary with the seasons. The Grand Jury surveyed the cities being served by OCAC. Most cities expressed satisfaction with the services provided by the shelter. During interviews with the Grand Jury, shelter management voiced the challenge of expanding and enhancing services versus the willingness of contract cities to pay for additional services. Shelter management expressed the need to balance services with the cost consciousness of their contract cities and the county budget, while also providing a level of service expected by the public. Shelter management expressed awareness that contract cities have alternative service options if the prices charged by OCAC for its service are beyond city expectations or budget. From 1995 through 2016, the California Department of Public Health (CDPH) collected and published data from California's animal shelters. Currently, CDPH does not keep or compile comprehensive data on animal shelters operating within the State. Out of concern for crowding and high euthanasia rates, animal welfare groups within the State have pressed for legislative action in Sacramento. In January of 2023, Assembly Bill 332, called the "Shelter Animal Collection Data Act," was introduced by Assemblyman Alex Lee (D-San Jose) and coauthored by Assemblywoman Marie Waldron (R-Valley Center). Assembly Bill 332, if adopted, would require shelter data collection and reporting that piggybacks onto current rabies reporting mandates. The bill would further require CDPH to collect and publish animal shelter intake and outcome data, including adoption, redemption, euthanasia, and other categories. 258 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 11 OF 51 Gimme Shelter and a Pound of Advice Volunteer and Rescue Relations Most animal shelters rely on a host of shelter volunteers to help with the care and enrichment of the animals under supervision, and they also rely on private rescue organizations (rescues) to help with the adoption process and fostering. OCAC is no exception. Shelter volunteers help by assisting shelter staff with animal care, socialization, and enrichment; community outreach and events; conducting tours; greeting shelter visitors; and assisting with shelter adoptions. Volunteers are often the ones who walk the dogs, work with their socialization, and foster kittens without mothers. The volunteer program is vital. Rescue organizations help by accepting animals from the shelter and facilitating adoptions or placing animals in foster care for eventual adoption. Rescues help relieve the shelter of overcrowding. These organizations benefit animals by facilitating adoptions or placing them in foster homes with enriched social environments greater than the shelter can reasonably provide. The coordinated efforts of shelter staff, volunteers, and rescue organizations are vital to OCAC's success and the welfare of animals under its care. OCAC has been challenged by both inadequate staffing and strained collaboration between the shelter, volunteers, and rescues. Some challenges are the result of the recent COVID-19 crisis, when the volunteer program was shut down in response to County health mandates. Other challenges are due to some rescue organizations' responses to changes in shelter organization, operation, and procedures within the last 2 to 3 years. Moreover, some organizations report recent funding challenges that limit their ability to fully assist the shelter with its animal welfare mandate. Funding has been especially challenging for rescues since COVID-19. The shelter's volunteer program was not restarted until late 2022, although state COVID- 19 restrictions were lifted June 15, 2021. Unfortunately, restarting the program required more than calling all volunteers back from COVID-19 isolation. Some former volunteers have not returned because they have moved on with their lives. Some volunteers have not returned because of their dissatisfaction with recent changes in organization, operation, and procedures at the shelter. However, some volunteers have returned, and more are being recruited to form the foundation for a re-energized volunteer program. Relationships between the shelter and some rescues remain strained. Leadership changes within the past three years, changes in circumstances at the shelter, and the shelter's response to COVID-19 resulted in changes to shelter priorities and practices to which some rescues object. Some changes were precipitated by differences in priorities and concerns that came with the change in shelter leadership, some changes were in response to COVID-19 restrictions and concerns, and one change came as the result of the shelter's response to a threat of litigation by a lone animal activist from outside Orange County challenging the shelter's TNR program. Strained relations between OCAC and rescue organizations are detrimental to the operations of the shelter and ultimately to the welfare of animals under the shelter's care. 259 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 12 OF 51 Gimme Shelter and a Pound of Advice To operate at its highest potential, OCAC needs to have a good working relationship with the rescues. Rescues want to have a good working relationship with OCAC. During Grand Jury interviews, both management at OCAC and representatives of rescues indicated a desire to work to resolve their differences, and both expressed the welfare of the animals as being their highest priority. OCAC will benefit if it has a robust outreach program to continually recruit volunteers and will benefit by engaging with the rescue community to mend the fractured relationship that has developed between them. Human Resources The OCAC shelter is a 24/7 facility that requires adequate staffing during all hours to meet the highest standards of animal welfare. Continuity of leadership at the OCAC shelter has been a challenge over the past four years with turnover in management and supervisorial staff level positions. Over the past four years, two executive directors have been hired with interim leadership having to be provided on two separate occasions. The Chief Veterinary position went unfilled for months until the current Chief Veterinarian was brought onboard in May 2022. Between September 2021 and May 2022, the shelter did not have a chief or a staff veterinarian and services were provided by one contract veterinarian. OCAC is under the direction of OC Community Resources (OCCR). However, day-to- day human resource and recruitment support for the shelter is performed by OC Human Resource Services (OCHRS). OCHRS provides separate, targeted human resource support for OCAC's recruitment, labor relations, and employee relations needs. Personnel turnover in critical job categories, such as kennel attendants, can add huge pressure to the remaining staff. Vacancies in critical positions strain shelter operations and impact animal welfare. There are currently 21 allocated Animal Care Attendant positions out of the 136 shelter staff positions. The 21 animal care attendants are assigned to fill the shelter's attendant needs over the 7-day shelter week. There is reason for concern and urgency when even one Animal Care Attendant position goes unfilled. County policies and practices exacerbate high turnover and make filling vacant positions difficult. Current county practice allows an employee to promote out of their shelter position, or any position, at any time, even while they are still within their probationary period. The ease and fluidity of transitioning adds to the shelter's understaffing and staffing volatility. Staff vacancies, which have been as high as 23%, negatively impact shelter operations and have taken as long as six months or longer to fill. Delays in filling staff positions disrupt shelter operations. Delays have resulted in qualified candidates declining job offers because they have accepted other positions. Animal Care Attendant and Veterinarian positions are particularly critical and vital to the welfare of the shelter's animals. While OCCR has taken some steps to correct hiring delays, there needs to be an increased sense of urgency when posting and filling critical vacant positions. 260 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 13 OF 51 Gimme Shelter and a Pound of Advice As a unionized organization, limitations exist which impact the assignment of human resources within the shelter's organization and daily operations. Staff are siloed into operational categories and job functions, which limits managerial flexibility in their ability to respond to special operational needs. An inflexibility in management's ability to respond to vacancies in Animal Care Attendant staffing is one such example. Staffing limitations and operational inflexibility has resulted in instances of inefficient allocation of shelter human resources. Moreover, labor rules limit shelter volunteers from performing certain duties that must be performed by shelter employees. Volunteers are drawn to the shelter out of a desire to work and care for the animals. Restricting volunteers from lending a hand when they see the need is disheartening to the volunteers. Animal Care Attendants Animal care attendants at OCAC provide the direct, daily care of the animals. They attend to several areas of responsibilities: • Intaking animals brought to the shelter by the public or impounded by animal control or the cities, entering information about the animal into the shelter's data base, and taking pictures of the animals. • Feeding and watering of all the shelter's animals — domestic, exotic, and wild. • Cleaning and disinfecting kennels, cages, corrals, and equipment and maintaining the general cleanliness of the shelter's kennel facilities. • Monitoring, documenting, and reporting on the health and well-being of sick, exotic, and quarantined animals; reporting any abnormalities or changes in condition to veterinary staff. • Assisting with animal adoptions, including providing counseling on breed characteristics, matching and introducing the appropriate animal to the potential adopter, and instructing adopters in basic animal care. • Grooming the animals for the health and comfort of the animals. • Responding to public inquiries about legal retention, adoption procedures, basic animal care, and behavior. Animal Care Attendants may be assigned into any one of three areas of responsibility: Intake, Cat Team, or Dog Team. Usually, Intake has two Animal Care Attendants assigned to it; they may receive 30 to 60 animals per day. The Cat Team is responsible for the kennel areas housing cats, kittens, rabbits, guinea pigs and other animals. Their duties include cleaning and feeding, enrichment, adoption and the other activities discussed above. The Dog Team is responsible for the kennel areas housing dogs. Their duties include cleaning and feeding, enrichment, adoption and the other activities noted above. In 2016, OCAC brought in professional consultants to provide recommendations for a 2018 Strategic Plan. One of the consultant's recommendations was for the shelter to increase staffing allocation to 26 Animal Care Attendant positions. OCAC did not implement that recommendation. Additionally, the consultant recommended the shelter follow the Association of Shelter Veterinarians (ASV) Guidelines for Standards of Care in Animal Shelters. Those practices include National Animal Control Association (NACA) 261 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 14 OF 51 Gimme Shelter and a Pound of Advice guidelines and the Humane Society of the United States (HSUS) guidelines (which is the current standard). The allocation of Animal Care Attendants at OCAC is insufficient for the shelter to meet industry standards for level of care. NACA and HSUS recommend a minimum of 15 minutes of care per day per animal for feeding and cleaning each animal housed in the shelter; 9 minutes for cleaning and 6 minutes for feeding and watering. There are currently 21 Animal Care Attendant positions allocated at the shelter. Three positions were vacant as of May 1, 2023. A normal Animal Care Attendant daily shift at the shelter is 10 hours, of which the attendants are expected to spend half their time cleaning, feeding, and watering the animals and half their time attending to other responsibilities, including those responsibilities noted above. Half the Animal Care Attendants work from Wednesday through Saturday and the others work Sunday through Wednesday. Animal Care Attendants spend about 4% hours cleaning and feeding the animals each day. The Grand Jury evaluated the Animal Care Attendant's workload during the four-month period between December 4, 2022 and April 10, 2023. Individual Animal Care Attendants cared for 48 animals per shift on average and in some cases up to 90 animals per shift. Conservatively, Animal Care Attendants at the shelter spend less than 6 minutes on average per animal attending to cleaning and feeding, which is much less than the 15 minutes recommended by the NACA and HSUS guidelines. Of note, the four-month period reviewed by the Grand Jury is not the shelter's busy season. During kitten season, the cats and kittens alone can number up to 500 to 600 cats and kittens per day. The Grand Jury could not evaluate daily census records prior to December 4, 2022 because OCAC did not keep daily animal census records prior to that date. There are still other needs the animals have, such as time for animal enrichment which is required daily. The other half of the Animal Attendant's shift is devoted to picking up animals from intake, showing animals for potential adoptions, walking dogs, stocking supplies, washing dishes or other non-direct animal care tasks. ASV Guidelines stress enrichment should be given the same significance as feeding, watering, and veterinary care. Successful enrichment programs prevent the development and display of abnormal behavior and provide for the well-being of the animal. Regular positive daily social interaction with humans is essential for both dogs and cats. Animals need daily walking, playing, grooming, petting, etc. OCAC's 2018 Strategic Plan called for all sheltered dogs and cats to receive appropriate daily enrichment tailored to their needs. The Grand Jury found that other shelters in Orange County walk their dogs several times per day and provide numerous opportunities for enrichment. At the OCAC shelter, dogs are not always walked daily. Instead, animal care attendants only walk dogs every other day, as time permits. The Grand Jury recognizes that resources are limited, but the shelter must prioritize the welfare of the animals over other shelter operation considerations. This puts pressure on management to operate the shelter efficiently. Other animal care facilities report 50% of 262 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 15 OF 51 Gimme Shelter and a Pound of Advice their staff provide direct care to their animals. At OCAC, only 15% of staff provide direct care. The Grand Jury recommends a review of the current allocation of positions within OCAC. OCAC has 137 budgeted staff positions of which only 21 positions provide direct care to the animals. Assigning adequate resources to the direct care of the animals must be a priority as the health and welfare of the animals is the shelter's primary charge. The current allocation of Animal Care Attendant positions is insufficient. Communication The shelter's organizational challenges are numerous; many challenges are systemic, but some are self-inflicted. With many constituents, such as shelter staff, volunteers, rescue organizations, and the public at large, robust communication programs are essential to addressing the concerns and needs of both internal and external audiences. Collaboration and communication within the shelter are lacking. Departments within the shelter are siloed. Staff within departments focus solely on their duties and responsibilities and are not encouraged to think of their efforts as being part of a "Big Picture." Morale is reported to be low. Workplace rules and position classifications tend to discourage a collaborative mindset. In March 2015, the Orange County Office of the Performance Director issued a report on the OCAC. The OC Auditor noted that, among other things, the shelter was not holding regular "all-hands" staff meetings. The Auditor recommended that the shelter hold meetings at least every quarter. The 2014/2015 Orange County Grand Jury report of the OCAC made the same recommendation. The response from OCAC to this Grand Jury report was that all-hands meetings were implemented. However, all-hands meetings currently do not occur at any regularly scheduled interval. Although shelter staff have a general sense of shelter operations and functions, the shelter is a siloed work environment. Without regularly scheduled all-hands meetings, staff have little opportunity to hear and be heard by shelter leadership and for management to communicate a consistent message. Shelter volunteers are limited to a program that effectively segregates them from shelter staff and management. Volunteers have little to no voice or effective input into the shelter's decision hierarchy. Policies and Procedures The Grand Jury found that the shelter's Policies and Procedures manual does not undergo regular internal review. There are policies and procedures in the manual that do not reflect current shelter practices. Additionally, there are important shelter practices and functions that are not addressed or are inadequately documented within the manual. There are some policies and procedures in the manual addressing programs that are no longer relevant or where the manual describes practices that are outdated. It is evident some policies and procedures in the manual have from time to time been inserted or revised, but those cases appear to be done on an ad-hoc basis and are not methodical. Individual policies and procedures documented in the manual are annotated with the date they became effective and, when applicable, revised. However, there is nothing to 263 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 16 OF 51 Gimme Shelter and a Pound of Advice indicate when or if a policy or procedure has been contemporarily reviewed and determined to be relevant, accurate, and applicable. Some policies and procedures in the manual were written as long ago as the late 1970s with revisions in the mid-2000s. There is no indication that any particular policy or procedure has been reviewed as current and appropriate, or by whom, or when. Operating a shelter without up-to-date, reliable policies, procedures, and guidelines make formal training difficult, if not impossible, and results in inconsistent operating protocols and practices. More importantly, when new staff are hired, training becomes "on the job training" and subject to inconsistency. With the high level of turnover at the shelter, it is all the more important to ensure policies and procedures are up to date. COVOD-19 The impacts of COVID-19 on shelter operations should not go unacknowledged. Shelter operations were severely strained as state and county COVID-19 restrictions were put into place. The shelter was effectively closed to the public. Emergency protocols and practices were put into place to ensure the safety of the public and OCAC staff. Leadership had to manage a 24-hour shelter, with many members of the staff required to work on site. Work shifts and resources had to be juggled to ensure staffing was sufficient and personnel were kept safe. Within the limits of the shelter's staffing allocation, management created a Team A/Team B system that isolated one half of the staff from the other half of the staff. Staff came into work only during those days and hours their assigned team was scheduled. Extraordinary sanitation protocols were put into place. Nevertheless, when COVID-19 illnesses did occur, management and staff rose to the occasion, working flexibly and cooperatively to prioritize the care of the animals. Both shelter leadership and staff are to be commended for managing shelter operations through a difficult time. Unfortunately, the volunteer program was suspended during COVID-19 restrictions and engagement with rescues was significantly impacted. The volunteer program was slow to be restarted. Shelter management could and should have anticipated the end of COVID- 19 restrictions and worked toward reinstating the shelter's volunteer program much earlier than late 2022. 264 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 17 OF 51 Gimme Shelter and a Pound of Advice Fac tatting Adoption A �p ,4. i *. i.ll .' ' + ' `';,�, .`•''' m ri mow. h {r�Y * 71� ✓ �i" • During COVID-19, most animal shelters, including OCAC, closed or restricted their shelters to public access, including stopping all public walk-in visits. Prior to COVID-19, the adoption process at the shelter was relatively open. The public was at liberty to visit the shelter at their convenience without an appointment. The cat and dog kennels were mostly open to public viewing where a potential adopter could experience first-hand the size, look, and manner of a potential adoptee. Volunteers and staff were available to facilitate an intimate meeting where humans and animals could interact and bond. The experience was unconstrained, spontaneous, instinctive, and natural. OCAC previously had an animal behaviorist who worked with stressed animals to facilitate their adoptability. OCAC eliminated the animal behaviorist position. Other animal shelters in Orange County have animal behaviorists working with their animals to facilitate adoptability. During COVID-19, public adoptions were carried out by appointment only and computer facilitated. The public was required to schedule an appointment to visit the shelter. Up to three animals could be selected on the shelter's website from photographs and biographical information about the animals. A one-on-one meet-up with the animal(s) followed. People without computer access could use the shelter's computer kiosk to select an animal, but by appointment only. If a suitable animal was not found among the animals selected via computer, kennel staff might make recommendations to the potential adopter. Currently, the adoption process is less restrictive than during COVID-19 but remains more restrictive than pre-COVID-19. The current appointment system is restrictive and 265 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 18 OF 51 Gimme Shelter and a Pound of Advice does not provide prospective adopters viewing access to all available adoptable animals. The shelter has opened to limited walk-ins on a stand-by basis when there are openings in the appointment schedule and when staff are available to assist. All potential adopters, appointments, and walk-ins are still required to use the shelter's website to pre-select potential adoptees prior to a one-on-one meeting. The kennels are still off-limits to all visitors. OCAC leadership expressed concern about bites to visitors as the primary reason for restricting kennel access. The shelter experienced a marked drop in bites coincidental with the closure of the facility to the public when COVID-19 restrictions were implemented: • 2019 — 23 bites • 2020 — 7 bites • 2021 — 3 bites • 2022 — 2 bites (as of December 23) However, not all dogs are bite risks and there is space throughout the kennel facilities to provide for public viewing. Public safety is important, however, dogs representing bite risks can be segregated, and supervised viewing is a viable option. Shelter leadership said that public viewing within the kennels stresses the animals and that restricting access keeps the animals calm. However, to address that concern, dogs prone to excitability and stress can be secluded, and supervised viewing is an option. Spay and Neuter Overview As mentioned earlier, the population of Orange County in 1950 was about 216,000. Today the contract cities and unincorporated county areas served by OCAC has a population of approximately 1,800,000. With the population increase comes an increase in the number of dogs, cats, and other pets. Euthanasia of animals at the shelter is a challenging problem confronting OCAC and pet owners. In most cases, members of the public either bring lost animals to the shelter to be reunited with their owners or bring their own animals to be adopted to new homes. Few people bring animals to the shelter to be euthanized. One reason OCAC has so many animals and a high incidence of euthanasia is that many pet owners do not spay/neuter their pets and thereby allow them to reproduce beyond the owner's ability to care for the offspring. Uncontrolled reproduction is a factor in the high population of dogs and especially cats. According to a 2011 report by the North Shore Animal League of America, each day over 70,000 puppies and kittens are born in the United States, and because of overpopulation, more than 3.7 million animals are still being euthanized each year across the country. The absence of TNR at the shelter has seriously increased the rate of euthanasia of cats, especially kittens, who are not old enough or healthy enough to adopt. 266 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 19 OF 51 Gimme Shelter and a Pound of Advice • .. ,:k4p - ; s '! sR • fir. . x w M• T .fij{ K vfiytW�l {, '� a ly�.{�,,� 'R Many communities incentivize sterilization of pet dogs by significantly lowering the cost of dog licenses for sterilized dogs in their city. Generally, community shelters and rescue organizations will only allow spayed/neutered animals for adoption or require the new owner have the animal spayed/neutered as part of the adoption process. Some complaints received by the Grand Jury assert that the public has requested low/no cost spay/neuter assistance from OCAC without success. OCAC does not offer low or no cost spay/neuter clinics or events but does list on its website feral cat low cost spay/neuter resources. However, the Grand Jury found that some of the listed phone numbers are incorrect and for those that are correct, some of the listed prices are incorrect. Providing a low/no cost spay/neuter clinic would provide a great service to the community, decrease overpopulation of animals, and decrease the potential euthanasia of cats and dogs. Trap, Neuter a Return OCAC began a pilot Trap, Neuter, and Return (TNR) program for cats in 2013 and over the following years saw cat intake and euthanasia decrease dramatically. TNR has been shown to be the most humane, efficient way of stabilizing feral and community cat populations. TNR is an animal control program practiced by many animal shelters throughout the United States and the State of California. Prior to April 2020, the Orange County Animal Shelter had an active Trap, Neuter, and Return program. 267 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 20 OF 51 Gimme Shelter and a Pound of Advice ,- fy -_ mom.^ _i 1 .. JK4 *'"' R�\ '�� ' wt..-- '4 „--ter- :a:,- -",, 1,,'* , \ ? , 1 t��y-1 OCAC's TNR program was a cooperative endeavor that depended and relied on the efforts of participating non-profit rescue organizations and individual members of the community. Both OCAC and community participants worked together to make the TNR program successful. Non-profits and interested members of the animal welfare community performed the field work necessary to trap feral and community cats and transport the cats to the shelter. OCAC received the animals, performed the spay and neuter procedure, vaccinated the animals, and treated them for injuries or disease. When the animals were healthy, fit, and ready for return to their outdoor home, the same non-profit organization or community members retrieved the cats from the shelter and returned them to the same location from which they were trapped. OCAC only provided TNR related services within its shelter facility and did not participate in locating, trapping, or returning the animals to the location from where they were trapped. However, OCAC played an integral role in the TNR process. When OCAC's participation in the TNR program ended, TNR within the county effectively ceased. OCAC's TNR program was popular among many local animal welfare groups and individuals and is a necessary element to the continuance of a viable TNR program throughout the county. The Grand Jury recognizes there is disagreement among animal control and welfare advocates whether TNR is effective in reducing feral and community cat populations, whether TNR serves the best interest of the individual animal, and whether TNR is an environmentally sound practice. In Orange County at least, there apparently is also disagreement whether TNR programs violate a provision of the California Penal Code dealing with malicious mischief. 268 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 21 OF 51 Gimme Shelter and a Pound of Advice California Penal Code Section 597s states: (a) Every person who willfully abandons any animal is guilty of a misdemeanor. (b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game. As best as the Grand Jury can determine, the validity of California Penal Code Section 597s or its interpretation or application has never been adjudicated in a reported California court decision. According to a report published by the American Bar Association, it is questionable whether a bona fide TNR program, in which animals are returned to the same location where they were trapped, constitutes willful abandonment. In or about late 2019/early 2020, OCAC received a cease-and-desist complaint demanding that it end its participation in the TNR program. OCAC referred the complaint to OC County Counsel. County Counsel reviewed and responded to the referral in an opinion. The Grand Jury went to great lengths to obtain a copy of County Counsel's opinion, to no avail. The Grand Jury requested a copy of the opinion from OCAC, the County Counsel, the Orange County Board of Supervisors, and Orange County Public Resources. As of the publication of this report, the Grand Jury was not able to acquire a copy of County Counsel's opinion. The Grand Jury was informed that OCCR and OCAC management were advised they could be held personally liable for any legal action arising out of continuance of the TNR program. OCAC's TNR program was terminated in or about April 2020. Euthanasia Report OCAC keeps detailed records of each animal it euthanizes. The Grand Jury reviewed a comprehensive list of all euthanasia outcomes at the shelter spanning the period August 19, 2018 through December 4, 2022. The shelter euthanized 11,143 animals during that period. Of the euthanized animals, 5,123 were identified as either domestic cats or dogs. (Feral cats are classified as domestic animals.) The remaining 6,020 euthanized animals included other domestic and/or non-domesticated animals. OCAC's records identify every euthanized animal's date of euthanasia, estimated age, sex, species, breed, and the reason for euthanasia. Estimated animal ages span one day to 50 years. Species span domestic cats and dogs to domestic and/or non- domesticated animals such as snakes, birds, opossums, bats, rabbits, raccoons, skunks, lizards, rats, squirrels, coyotes, deer, and more. Reasons for euthanasia are varied and include irredeemable suffering, Head Test (rabies), disease, behavior, age, species (public safety), and owner request. Asilomar Reports In 2004, leaders representing national organizations and industry stakeholders gathered to find common ground in the animal welfare field. Together, they wrote the Asilomar Accords, which establishes common definitions and a standardized way of reporting shelter statistics.Asilomar reports are statistical reports that animal shelters compile documenting their animal intakes and outcomes. The reports are aggregated into a national Shelter Animals Count National Database. 269 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 22 OF 51 Gimme Shelter and a Pound of Advice OCAC compiles records and participates according to the Asilomar Accords data collection methods. The shelter publishes its Asilomar reports on its website. OCAC's data includes statistics on monthly (pre-2021) and quarterly (post-2021) cat and dog intake and outcomes such as adoptions, transfers, returns to owner, and euthanasia. Analysis of OCAC Data The Grand Jury reviewed euthanasia and Asilomar outcomes to evaluate whether termination of the TNR program may have had any impact on euthanasia rates at the shelter. Possibly confounding the issue is the fact that COVID-19 restrictions were put into place about the same time the TNR program was terminated. Figure 2 shows quarterly OCAC Asilomar adult cat TNR outcomes and adult cat euthanasia outcomes from the 3rd quarter of 2018 through the end of 2022. TNR rates are represented as a percent of total Asilomar outcomes. Euthanasia rates are represented as a percent of total Asilomar outcomes net of TNR outcomes. Juvenile cats are not included in the review because the shelter's juvenile cat population varies widely with the season and, moreover, juveniles are not candidates for TNR. 270 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 23 OF 51 Gimme Shelter and a Pound of Advice Figure 2 - Adult Cat Euthanasia Rates Adult Cats Euthanized vs.Adult Cats TNR as a%of Total Asilomar Outcomes* 60% TNR program terminated Calif.Covid Restrictions End and Calif. Covid Restrictions •-- 50°!° Begin —' 6 L 40% f` $ Average=28.8% _.._ hb 4S f 3 30% I - % 20% - - 10% - - -. *Adult cats euthanized as a o Asilomar outcomes net of TNR Average=20.9/° v�1 outcomes. 0% Q3 Q4 Q1 Q2 Q3 . Q4 Q1 Q2 Q3 ; Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 2018 2019 2020 2021 2022 —o--Adult Cats Euthanized -<- TNR Figure 2 illustrates that adult cat euthanasia rates increased at OCAC following the termination of the TNR program and the beginning of COVID-19 restrictions. The average adult cat euthanasia rate in the period from the 3rd quarter of 2018 through the 1st quarter of 2020 (pre-TNR termination and COVID-19 restrictions) was 20.9%. The average adult cat euthanasia rate in the period from the 2nd quarter of 2020 through the end of 2022 (post-TNR and COVID-19) was 28.8%. The increase in the rate of adult cat euthanasia following TNR/COVID-19 is 38% over the previous period. The increase is statistically significant. (See Appendix 1) Comparing- adult.cat euthanasia rates pre-TNR and post-TNR :.. the termination of the TNR program correlate, to an increase in adult cat euthanasia rate at the shelter. To evaluate whether circumstances related to COVID-19 accounted for the increase in euthanasia rates, the rates from the post-COVID-19/post-TNR termination were compared to the rates pre-COVID-19/pre-TNR termination. Again, the average adult cat 271 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 24 OF 51 Gimme Shelter and a Pound of Advice euthanasia rate before COVID-19 and during the TNR program was 20.9%. The average adult cat euthanasia rate after COVID-19 restrictions were lifted but still during the termination of the TNR program (Q3 2021 — Q4 2022) was 25.4%. The increase in the rate of adult cat euthanasia following termination of the TNR program but after COVID- 19 restrictions were lifted is 21% over the pre-TNR termination/pre-COVID-19 restrictions rate. Again, the increase is statistically significant. Comparing adult cat euthanasia rates pre-TNR and post-TNR and pre- and post-COVID- 19 restrictions, it appears both COVID-19 restrictions and the termination of the TNR program correlate to an increase in adult cat euthanasia rate at the shelter. Dog Euthanasia: OCAC euthanizes animals for a variety of reasons, including but not limited to injuries beyond redemptive medical care, age, and behavior. When OCAC euthanizes a dog for medical reasons, the Chief Veterinarian or a staff veterinarian must approve the procedure. In the case of behavior-related euthanasia, approval is determined by a five- member Behavior Evaluation Committee. OCAC euthanizes dogs that are determined to have irredeemable behavioral issues, including displays of aggression toward people or other animals, bites, and severe kennel stress. The five members of the Behavior Evaluation Committee include staff members representing Field Operations, Animal Services Operations, the Community Outreach team, the Chief Veterinarian, and a representative from senior management. While there are five staff members represented on the Behavior Evaluation Committee, only three participants are voting members. The Chief Veterinarian and the member from senior management serve only as advisory members. A majority of the three voting members of the committee must approve a behavioral euthanasia —that is, at least two of the three voting members must approve. OCAC's Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior-evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. The voting members of the Behavior Evaluation Committee may evaluate behavior based on their own observations and/or on the written reports of other staff members. The voting members are not required to directly observe a dog's behavior, and in some cases have not made direct observation, but they do have access to video documentation of a dog's behavior. Voting members come to their own conclusions based on their own understanding of dog behavior and rehabilitative potential. OCAC does not have a professional licensed, trained, or certified animal behaviorist on staff to oversee the dog enrichment programs, resulting in dogs with declining behavior being placed at greater risk of being euthanized. Voting members of the Behavior Evaluation Committee are not required to certify or participate in animal behavior education programs. The Behavior Evaluation Committee meets once per week and participation of the voting member from any one of the three voting departments may be 272 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 25 OF 51 Gimme Shelter and a Pound of Advice delegated to a lesser experienced staff member when the regular voting member is unavailable. The Grand Jury reviewed dog behavior-related euthanasia data and Asilomar outcomes from the fourth quarter of 2018 to the third quarter of 2022 to evaluate the nature of dog behavioral euthanasia at the shelter over time. The chart below shows quarterly dog behavior euthanasia at OCAC for the third quarter of 2018 through the third quarter of 2022. Euthanasia rates are represented as a percent of total dog Asilomar outcomes by quarter. Juvenile dogs are included in the review because the shelter's juvenile dog population is subject to behavioral euthanasia. The Grand Jury found that for the dogs euthanized for behavior during the period under review, 7.4% of the dogs were no more than 6 months old and 14.2% were less than 1 year old. The Grand Jury was unable to determine why dogs less than one year in age would warrant behavioral euthanasia. Figure 3 - Dog Euthanasia Rates (Behavioral) All Dogs Euthanized for Behavior as % of all All Dog ASILOMAR Outcomes 6% - - - 5% 4% 3% Average = 1.19% 2% - - - 1% _ Average = 3.41% o°i° - Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 20181 2019 2020 2021 2022 Dog behavioral euthanasia rates increase at OC Animal Care between the second and third quarters in 2021 Figure 3 illustrates that dog behavior-related euthanasia rates increased at OCAC between the second and third quarters of 2021. The average dog behavioral euthanasia rate prior to the end of the second quarter of 2021 was 1.19% of all dog Asilomar outcomes. Beginning in the third quarter of 2021 and through the third quarter of 2022, the average dog behavioral euthanasia rate increased to 3.41% of all dog Asilomar outcomes, an increase of 187%. The increase is statistically significant. (See Appendix 2) 273 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 26 OF 51 Gimme Shelter and a Pound of Advice impediments to the investigation The Grand Jury's function is to investigate the operation of the various officers, departments, and agencies of the local government. Article 1, Section 23 of the California Constitution states: "One or more grand juries shall be drawn and summoned at least once a year in each county." Provisions of the California Penal Code define the scope and limitations of a grand jury's authority: Penal Code Section 916: ... Rules of procedure shall include guidelines for that grand jury to ensure that all findings included in its final reports are supported by documented evidence, including ... official records, or interviews attended by no fewer than two grand jurors and that all problems identified in a final report are accompanied by suggested means for their resolution, including financial, when applicable. Penal Code Section 921: The grand jury is entitled to ... the examination, without charge, of all public records within the county. Penal Code Section 925: The grand jury shall investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county ... The investigations may be conducted on some selective basis each year... Penal Code Section 925 (a): The grand jury may, at all times, request the advice of the court, or the judge thereof, the district attorney, the county counsel, or the Attorney General ... As a department of Orange County government, the County Counsel's office provides legal counsel and services to the Orange County Board of Supervisors and all other Orange County departments and agencies, including the Grand Jury. At the start of a Grand Jury's one-year term, County Counsel assigns an individual attorney within its office to serve as the Grand Jury's primary attorney. Because the individual serving as the Grand Jury's counsel is also assigned to other departments or agencies within Orange County government, there is the potential for the Grand Jury's designated primary counsel to have a conflict of interest when the Grand Jury investigates a department or agency otherwise served by the primary attorney. To ensure continuity of legal service to the Grand Jury, the County Counsel's office also assigns a back-up attorney that provides service to the Grand Jury when the primary counsel is conflicted. The back-up attorney is selected so that at least the primary or 274 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 27 OF 51 Gimme Shelter and a Pound of Advice back-up would not have a disabling conflict—that is, one or the other would be available to serve the Grand Jury in any investigation not directly related to the County Counsel's office itself. Back-up counsel advises the Grand Jury on those matters only when the primary attorney is conflicted. Early during its one-year term and early in its investigation, the Grand Jury learned that its primary counsel had a conflict of interest with its investigation of OCAC. The County Counsel's office explained, and the Grand Jury understood, that the services of the County Counsel's office would continue through the back-up attorney assigned for such circumstances. Initially, during the early stages of its OCAC investigation, the Grand Jury received the legal advice and assistance of the back-up attorney in the County Counsel's office. Later during its investigation of OCAC, the Grand Jury inquired into the shelter's prior TNR program and the program's termination in early 2020. The Grand Jury learned the program was terminated after a cease-and-desist demand to stop the program was received from a lone individual residing outside of Orange County. The Grand Jury was informed that the County Counsel's office, in response to a request by OCAC to review the cease-and-desist demand, issued an opinion to the Orange County Board of Supervisors and OCAC about the shelter's TNR program that evidently led to a direction to terminate the program. In the course of the Grand Jury's investigation, including interviews with OCAC and OCCR staff and leadership, the County Counsel's office and its opinion were repeatedly cited as being the source of the decision to stop the TNR program. Grand Jury: Who was .the decision maker? Answer: -"The County Counsel." The Grand Jury understands County Counsel's role is to provide advice and counsel to the Board of Supervisors, County departments, and various County agencies, but that it has no decision-making authority over any division of County governance, except regarding its own internal functions. While the Grand Jury was skeptical that the County Counsel's office actually made, or had the authority to make, the decision to terminate the TNR program, the Grand Jury nevertheless understood that the County Counsel's opinion was pivotal to the decision. Therefore, the Grand Jury requested a copy of the opinion to learn if there was a clear impediment to or prohibition on a possible renewal of the TNR program. The Grand Jury requested a copy of the opinion from interviewees who were privy to the document or its contents. In addition, the Grand Jury asked the County Counsel's office for a copy of the opinion. In every instance, those requested told the Grand Jury the opinion is a privileged communication between the County Counsel's office and the Board of Supervisors and that only the Board of Supervisors has authority to release the document. Finally, the Grand Jury asked the Board of Supervisors, through its Chair, for 275 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 28 OF 51 Gimme Shelter and a Pound of Advice a copy of the opinion or alternatively for an identification of the legal authority reviewed in studying the issue, and stated the confidentiality of the document would be maintained, whereupon the Board of Supervisors declined to consider or include the request in its meeting agenda. Unfortunately, and not through a lack of trying, the Grand Jury has been unable to review or assess the basis of the opinion. During the Grand Jury's interviews, when various levels of leadership within OCAC asserted that County Counsel made the decision to terminate the TNR program, the Grand Jury always expressed its skepticism and inquired as to how County Counsel, an advisor to the County and OCAC, and only an advisor, could be making policy decisions for OCAC? The Grand Jury inquired and pressed its interviewees, asking if it was, in fact, a decision made at some level within OCAC's leadership, or by OCCR, or by the Board of Supervisors. When pressed, in every case, each interviewee modified their explanation and affirmed the decision had been theirs or that they had taken part in the decision, each taking personal responsibility for the decision. The Grand Jury was determined to obtain documentation of the decision as it continued to press for a copy of the County Counsel's opinion, The Grand Jury then requested all internal OCAC communications documenting the decision and/or order to stop the TNR program. The Grand Jury requested departmental communications instructing staff to stand down from the TNR program, whether from the OCCR to OCAC, OCAC to animal shelter leadership, or animal shelter leadership to shelter staff. Departmental communications about the TNR program are policy and procedure communications. The Grand Jury assumed that departmental communications would point to how and by whom the decision was made. The Grand Jury understands such communications are public records, not privileged communications. Nevertheless, the Grand Jury's request for documentation was denied by OCAC with the reason that such communications were privileged. Coincidental to the Grand Jury's efforts to obtain a copy of the County Counsel's opinion, at the end of 2022, the County Counsel's office detached itself altogether from all matters related to the Grand Jury's investigation of OCAC. The County Counsel's office informed the Superior Court and the Grand Jury that its entire office was "conflicted" with regard to the investigation into OCAC and would recuse itself from assisting the Grand Jury in its investigation into all matters related to OCAC. No back-up attorney was provided and all communications ceased. Of note, the Grand Jury's investigation was not an investigation of the County Counsel's office. Rather, the Grand Jury was investigating an Orange County agency, a client of the County Counsel, just as every Grand Jury investigation into County agencies represents an investigation into clients of the County Counsel. When the County Counsel's office recused itself from the Grand Jury's OCAC investigation, it did not explain or cite any specific aspect of the OCAC investigation that makes it exceptional from any other of the ongoing Grand Jury investigations into County departments or agencies. Without the services of the County Counsel's office, the Grand Jury suffered a setback in its investigation of OCAC. The pace of the investigation slowed as time and resources 276 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 29 OF 51 Gimme Shelter and a Pound of Advice were directed toward arranging for alternative outside counsel at the recommendation and with the support of the Superior Court. After losing approximately six weeks, the Grand Jury was able to engage alternative outside counsel in early February of 2023. As of the publication of this report, the Grand Jury was not able to confirm the logic, reasoning, or basis of the County Counsel's opinion, or even whether in fact the County Counsel advised against the continuance of the TNR program. Moreover, the Grand Jury cannot confirm whether, or who, or at what level of authority, within the County government the decision to end TNR emanated. As a consequence, the Grand Jury cannot verify that any such decision was ever actually made, or communicated at any level of authority, by anyone within Orange County's governing hierarchy and, more importantly, why any such decision was made. The only fact the Grand Jury can confirm with any confidence is that the TNR program was terminated in or about early 2020. CONCLUSION OCAC has been a source of public concern since the 1990s, with five previous Orange County Grand Jury reports and an Orange County Performance Audit detailing troubling conditions at the OCAC shelter. This Grand Jury report shines a light on deficiencies at the shelter still needing resolution. The Grand Jury believes that if the recommendations included in this report are implemented: • Internal and external communications at OCAC will improve. • The reallocation of staffing positions within the organization, increasing the number of Animal Care Attendant positions and employing an animal behaviorist or trainer, will improve general animal welfare at the shelter. • Improvements in the timely filling of staff vacancies will enhance shelter operations and overall staff morale. • The adoption process will be more public-friendly, leading to more adoptions. • The behavioral euthanasia decision process will be standardized, articulated, and documented, leading to consistent behavioral euthanasia outcomes. • The shelter's Policies and Procedures will be correct and up to date. • OCAC and Orange County rescue organizations and animal advocates can work toward mending their relations for the welfare of the animals. • The shelter's TNR program will be re-evaluated, reconsidered and reinstated. • The shelter's volunteers will be more integrated into the shelter's personnel team and communications. The Grand Jury conducted many interviews with shelter personnel. The Grand Jury is very impressed with their sense of dedication and earnest concern for the welfare of shelter animals. 277 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 30 OF 51 Gimme Shelter and a Pound of Advice FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) Responses from each agency affected by the Findings presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled, "Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange," the 2022-2023 Grand Jury has arrived at seventeen Findings, as follows: Management: Fl Management has limited flexibility utilizing personnel within Orange County Animal Care across departments due to structured work rules, volunteer work restrictions, and employees working in departmental silos. F2 Low staff morale exists within Orange County Animal Care. F3 Orange County Animal Care staffing is negatively impacted by vacant positions remaining unfilled for greater than six months due to burdensome hiring processes. This delay in recruitment and completion of hiring has resulted in qualified candidates declining job offers. F4 Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care. F5 Orange County Animal Care's operating policies and procedures manual is out of date. F6 The Orange County Animal Care Volunteer program was stopped during COVID-19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment. Animal Welfare F7 Orange County Animal Care's Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. F8 The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years. 278 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 31 OF 51 Gimme Shelter and a Pound of Advice F9 Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter's dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized. F10 While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel's legal opinion that the program violates a California statute related to willful animal abandonment. Fl The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter. F12 There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care. Communication / Outreach F13 The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters' access to all available animals. F14 Orange County Animal Care's engagement with some animal rescue partners is negatively impacted due to differences of opinion in appropriate animal care policy. F15 Internal and community engagement does not adequately communicate the shelter's mission and operating strategy. F16 The information currently on the Orange County Animal Care website for low- cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures. impediments to the investigation F17 The OC County Counsel's office misstated to the Grand Jury the scope of its commitment to serving and assisting the Grand Jury in its investigations into County governance respecting managing conflicts between the Board of Supervisors, OC departments and agency clients, and the Grand Jury. 279 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 32 OF 51 Gimme Shelter and a Pound of Advice RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the Recommendations presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled "Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange," the 2022-2023 Grand Jury makes the following seventeen recommendations: Management: RI By October 1, 2023, OC Human Resource Services should review and update recruitment strategies to significantly increase the timeliness of recruitment of vacant positions and to anticipate vacancies due to retirement, resignations, transfers. (F3) R2 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should review hiring practices to facilitate process improvements to expedite filling OCAC vacancies. (F3) R3 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of Animal Care Attendants to reflect NACA guidelines and to provide appropriate staffing allocations for animal care, feeding and enrichment. (F3, F4) R4 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of all positions within the OCAC and reallocate resources to increase Animal Care Attendants to reflect NACA guidelines to provide appropriate staffing for animal care, feeding, and enrichment. (F3, F4) R5 By December 31, 2023, Orange County Animal Care management should review and update policies, procedures, guidelines, and practices to assure they are accurate and reflect current operating practices. (F5) 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. (F1 thru F16) Welfare R7 By October 1, 2023, Orange County Animal Care management should establish written guidelines, policies, and procedures as standards for evaluating animal behavior for use by the Behavior Evaluation Committee. (F5, F7) 280 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 33 OF 51 Gimme Shelter and a Pound of Advice R8 By December 31, 2023, in the interests of transparency, Orange County Animal Care management should add a representative from a rescue organization to serve as a non-voting, at-large member on the Behavior Evaluation Committee. (F7, F14) R9 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should hire an animal behaviorist or certified dog trainers to work with aggressive animals to reduce the high rate of dogs being euthanized and enhance their adoptability. (F8, F9) R10 By December 31, 2023, the Orange County Board of Supervisors and Orange County Animal Care management should request that County Counsel reconsider its opinion about the shelter's former Trap, Neuter, and Return program, or seek an independent second opinion to County Counsel's opinion, to ascertain whether the program can be re-established, or a modified version of the program can be implemented. (F10, F11) R11 By July 1, 2024, Orange County Animal Care should implement a low-cost public spay/neuter program. (F12) Communication / Outreach R12 By October 1, 2023, Orange County Animal Care management should hold all- hands staff meetings at least every quarter. (F1, F2) R13 By October 1, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should conduct annual surveys of staff to monitor morale and identify opportunities for operational improvement. (F1, F2) R14 By December 31, 2023, Orange County Animal Care management should open the shelter to the public for walk throughs to maximize opportunities for the public to adopt animals under the care of the shelter. (F13) R15 By October 1, 2023, Orange County Animal Care management should look for new ways to be more inclusive and engaged with volunteers and the rescue organizations that are necessary for the shelter's success. (F14, F15) R16 By October 1, 2023, Orange County Animal Care should schedule quarterly meetings with community stakeholders to facilitate transparency and engagement. (F14, F15) R17 By October 1, 2023, Orange County Animal Care management should update the information currently on its website for low-cost spay/neuter of feral cats with regard to referrals and prices for spay/neuter procedures. (F16) 281 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 34 OF 51 Gimme Shelter and a Pound of Advice impediments to the investigation R18 Beginning with the 2023/2024 Grand Jury training, and all training thereafter, County Counsel should provide detailed instruction about the circumstances under which the County Counsel's office might recuse itself from assisting with Grand Jury investigations and the alternatives available to the Grand Jury under such circumstances. (F17) 282 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 35 OF 51 Gimme Shelter and a Pound of Advice REQUIRED RESPONSES California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official's control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those 283 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 36 OF 51 Gimme Shelter and a Pound of Advice budgetary/or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required and requested from: Findings - 90-day Response Required Orange County Board of F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, Supervisors: F13, F14, F15, F16, F17 City of Anaheim: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Brea: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Cypress: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Fountain Valley: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Fullerton: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Huntington Beach: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Lake Forest: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Orange: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Placentia: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of San Juan Capistrano: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Santa Ana: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Tustin: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Villa Park: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Yorba Linda: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 284 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 37 OF 51 Gimme Shelter and a Pound of Advice Recommendations — 90-day Response Required Orange County Board of R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, Supervisors: R13, R14, R15, R16, R17, R18 City of Anaheim: R6 City of Brea: R6 City of Cypress: R6 City of Fountain Valley: R6 City of Fullerton: R6 City of Huntington Beach: R6 City of Lake Forest: R6 City of Orange: R6 City of Placentia: R6 City of San Juan Capistrano: R6 City of Santa Ana: R6 City of Tustin: R6 City of Villa Park: R6 City of Yorba Linda: R6 285 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 38 OF 51 Gimme Shelter and a Pound of Advice REQUESTED RESPONSES Findings - 90-Day Response Requested Orange County Animal Care: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, F13, F14, F15, F16 OC Human Resources F1, F2, F3, F4, F9 Services: Orange County County F10, F11, F17 Counsel: Recommendations - 90-Day Response Requested Orange County Animal Care: R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13, R14, R15, R16, R17 OC Human Resources R1, R2, R9, R13 Services: Orange County County R10, R18 Counsel: 286 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 39 OF 51 Gimme Shelter and a Pound of Advice REFERENCES American Bar Association, Tort,Trial, and Insurance Practice Section. "Report to the House of Delegates Resolution 102B." 2017.Accessed September 30, 2022.American-Bar- Association-TNVR-report.pdf (maddiesfund.orq) American Society for the Prevention of Cruelty to Animals. "Asilomar Accords: Definitions." 2004.Accessed January 28, .2023,Asilomar Accords: Definitions I ASPCA Association of Shelter Veterinarians "Shelter Terminology." 2017.Accessed March 25, 2023, Microsoft Word - Shelter Terminology (sheltervet.org) City of Garden Grove. "Ordinance NO. 2911". 2019.Accessed January 28, 2023. 11-26- 19 cc Ordinance Amending Animal and Fire Dept Related Requlations.pdf City of West Hollywood. "An Ordinance of the City of West Hollywood Establishing a Trap- Neuter-Return Program for Community Cats;Amending the Language of the Municipal Code to Reflect a Change in Nomenclature From "Feral Cats"to Community Cats"; Updating Section 9.48.080 To Reflect the Current Code Provision Regarding Animal Noise and Determination that the Project is Exempt From CEQA." November 4, 2019. "California Population."Accessed March 22, 2023. Orange County, California Population 2023 (worldpopulationreview.com) Human Animal Support Services. "Animal Shelter Speak: Understanding Common Animal Services Jargon. 2023.Accessed March 25, 2023.Animal Shelter Speak: Understanding Common Animal Services Jargon - HASS (humananimalsupportservices.org) Newbury, Sandra et al. "Guidelines for Standards of Care in Animal Shelters.The Association of Shelter Veterinarians. 2010. shelter-standards-oct2011-wforward.pdf(sheltervet.org). North Shore Animal League. "Did you Know?" 2011.Accessed February 24, 2023 cats- multiply-pyramid.pdf(animalleague.org) Orange County Animal Care "Strategic Plan- 2018" accessed January 28, 2023. ocac 2018 strategic plan.pdf(stayinalivelongbeach.org) Orange County. Office of Performance Audit. "Performance Audit of Orange County Animal Care." Final Report (#141505). Orange County California, 2015. Microsoft Word -Animal Care Report (ocgov.com) Orange County Grand Jury2014-2015. "If Animals Could Talk About the Orange County Animal Shelter." 2015.Accessed January 28, 2023. Shelter Performance V8R2 web.pdf (ocgrandjury.org) Orange County Grand Jury 2014-2015. "The Orange County Animal Shelter: the Facility,the Function,the Future." 2015.Accessed January 28, 2023. OC animal shelter.pdf (ocgrandjury.org). 287 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 40 OF 51 Gimme Shelter and a Pound of Advice Orange County Grand Jury 2007-2008. "Is Orange County Going to the Dogs". 2008.Accessed January 28, 2023. 2023, IS ORANGE COUNTY GOING TO THE DOGS (ocgrandjury.org) Orange County Grand Jury 2003-2004. "The Orange County Animal Shelter,Are Improvements Needed?" 2004. Accessed January 28, 2023. Microsoft Word - AnimalShelterReport draft 12a.doc (ocgrandjury.org). Orange County Grand Jury 1999-2000. "We Can do Better...Improving Animal Care in Orange County." 2000.Accessed January 28, 2023. FINAL.PDF (ocgrandiury.orq) 288 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 41 OF 51 Gimme Shelter and a Pound of Advice APPENDIX 1 Table 1 - Adult Cat Euthanasia and TNR Rates by Quarter Adult Cats Euthanized as a % of Adult Cat Adult Cat TNR Asilomar Outcomes net Outcomes as %,of adult of TNR Outcomes Cat Asilomar Outcomes 2018 Q3 23.17% 40% Q4 17.27% 36% 2019 Q1 17.42% 41% Q2 26.81% 49% Q3 24.95% 47% Q4 18.77% 31% 2020 Q1 18.08% 37% Q2 42.65% 5% Q3 41.67% 4% Q4 25.50% 1% 2021 Q1 27.50% 0% Q2 27.31% 0% Q3 25.86% 0% Q4 23.21% 0% 2022 Q1 21.93% 0% Q2 30.12% 0% Q3 24.73% 0% Q4 26.26% 0% Table 2 - Adult Cat Euthanasia Sample T-Test Adult Cats Euthanized as a % of Non-TNR Asilomar Outcomes Q3 2018 thru Q1 2020 vs. Q2 2020 thru Q4 2022 (TNR period vs. No TNR period) t-Test: Two-Sample Assuming Unequal Variances Q3 2018 to Q1 Q2 2020 to End 2020 of Year 2022 Mean 20.9% 28.8% Variance 0.001571145 0.004841058 Observations 7 11 Hypothesized Mean Difference 0 df 16 t Stat -3.0532928 P(T<=t) one-tail 0.003793173 t Critical one-tail 1.745883676 289 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 42 OF 51 Gimme Shelter and a Pound of Advice APPENDIX 2 Table 3 - Dog Behavioral Euthanasia Rates by Quarter All Dogs Euthanized for Behavior as % of all Adult Dog ASILOMAR Outcomes Dogs All Dog Euthanized Asilomar % Dogs for Behavior Outcomes Euthanized 2018 Q4 8 1356 0.59% 2019 Q1 21 1385 1.52% Q2 15 1384 1.08% Q3 15 1522 0.99% Q4 16 1312 1.22% 2020 Q1 13 1146 1.13% Q2 7 701 1.00% Q3 13 817 1.59% Q4 13 791 1.64% 2021 Q1 8 746 1.07% Q2 10 824 1.21% Q3 18 868 2.07% Q4 49 882 5.56% 2022 Q1 27 956 2.82% Q2 44 962 4.57% Q3 23 1143 2.01% Table 4 - Dog Behavioral Euthanasia Rates 2 Sample T-Test All Dogs Euthanized for Behavior as a % of All Dog ASILOMAR Outcomes Q4 2018 to Q2 2021 vs Q3 2021 to Q3 2022 t-Test: Two-Sample Assuming Unequal Variances Q4 2018 to Q2 Q3 2021 to Q3 2021 2022 Mean 1.19% 3.41% Variance 9.40995E-06 0.000251006 Observations 11 5 Hypothesized Mean Difference 0 df 4 t Stat -3.109244662 P(T<=t) one-tail 0.017949066 t Critical one-tail 2.131846786 290 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 43 OF 51 Gimme Shelter and a Pound of Advice APPENDIX 3 Orange County Grand Jury Animal Shelter Contract City Survey 1. How long has your city been serviced by the Orange County Animal Shelter? a. What factors motivated the city to contract with the Orange County Animal Shelter? 2. What Services have you contracted for the Orange County Animal Shelter? (i.e., Shelter; Animal Control, Licensing, other) 3. What Animal control and care services does the city continue to reserve for itself or contract out to other agencies or vendors not with the Orange County Animal Shelter? (i.e., Control, Licensing, other) 4. How often is the city contract with the Orange County Animal Shelter reviewed and renewed? 5. Describe any regularly scheduled processes the city has in place to review the quality of service provided by the Orange County Animal Shelter. a. Describe the measure or metrics the city uses when evaluating the Animal Shelter. Please provide a copy of the last review of the Animal Shelter conducted by the city. b. Describe any review of the Orange County Animal Shelter and the services it provides as part of Shelter contract review and renewal? c. Who conducts Animal Shelter reviews for the city. d. Are Animal Shelter reviews presented to the city council for their consideration? 6. Does your City have an appointed member of city staff to serve as liaison between the city and OC Animal Shelter management? a. How frequently does your city meet with the OC Animal Shelter management? 7. As it relates to the sheltering and adoption services provided by the Orange County Animal Shelter(if any) describe your level of satisfaction or any concerns with the service and support. 8. As it relates to Animal Control services being provided (if any) describe your level of satisfaction or any concerns with the service and support. 9. As it relates to Licensing fees and processing (if any) describe your level of satisfaction or any concerns with the service and support. 10. How reasonable are the County fees for providing this service? 11.Have members of you community voiced any concern with Orange County Animal Shelter policies or practices. a. Please provide the Grand Jury with the any of the city's complaint logs or records pertaining to the Orange County Animal Shelter. 12.Are there any improvements in the service OC Animal Shelter provides or in the City's relationship with the Shelter you would like to see? 291 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 44 OF 51 Gimme Shelter and a Pound of Advice APPENDIX 4 Orange County Grand Jury Independent City Shelter Survey 1. How is the shelter organized and management governance accomplished at your Center? 2. How many cats, dogs and other animals can you shelter? 3. What services do you provide your local community? 4. How many total staff and volunteers are working or engaged with the shelter? 5. How many volunteers do you require on a daily or weekly basis? a. Do you have adequate volunteers? 6. Do you promote spay/neuter services to the members of your community? a. If yes, is there a cost to the individual? 7. From your perspective what are the challenges faced by your Center? 8. Does your center practice TNR (Trap Neuter Return)? a. If no, was it ever in place and then discontinued -why? b. If yes, how effective is the program? 9. Does your center accept healthy cats and put them up for adoption? a. If yes, please describe the process. 10. What are the parameters that guide euthanasia at your shelter? 11. Do you have an animal behaviorist on staff? If no, why not? 12. Do you have any interaction with the Orange County Animal Shelter? a. If yes, please describe. b. If no, why? 13. How is adoption handled in your center? (Adoption by appointment system, open visits, other)? 14. Do your adoption totals include totals transferred to rescues or does it apply only to private parties? 15. Please provide statistics (attachment)for your center (intake, adopted, transferred to shelter, euthanized, etc. by animal type for the current and past 3 years). 16. How does your center respond to complaints from the community and animal activists? 17. If tracked, please provide statistics on complaints you received. 18. Please provide intake statistics (by Cats and Dogs) for the current and 3 past years: a. Strays b. Relinquished by owner c. Owner intended Euthanasia d. Other Intakes 19. Please provide live outcomes statistics (by Cats and Dogs) for the current and 3 past years: . 20.Adoptions a. Return to Owner b. Transferred to another agency c. Returned to Field 21. Please provide other outcomes statistics (by Cats and Dogs)for the current and 3 past years: a. Died in Care b. Shelter Euthanasia 292 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 45 OF 51 Gimme Shelter and a Pound of Advice APPENDIX 5 OCAC 4th Quarter 2022 Asilomar Report Shelter n ma Count ` National Shelter Statistics Project Data Matrix OC Animal Care October-December 2u22 uct:I,'+Nc1(:S7l7.i:r 7:.:t,Ot N"i_lain i2o3z 21i -1 , 46 167 430 i ; 35 Stray/At Large 777 109 286 835 2,007 , C Relinquished by Owner 135 4 22 48 209 ll ;Owner Intended Euthanasia'''. 0 0 0 0 0 F Transferred infroosAgency 0 0 0 0 0 Other Intakes(Includes Confiscates resulting from ), bites or cruelty investigations and Disaster related F ,impounds) 125 10 31 8 174 ___C., ' ._._TOTAL LIVE INTAKE(II*C._D+E+F): _ 1,037 , 123 1,160_ ,; 339 891 1,230 3a90 I#, ADJUSTED TOTAL INTAKE(G-D) 13)37 123 1,160 339 S91 1,230 2;a90 1 Adoption 476 72 159 895 1,602 Returned to Owner 357 7 27 3 394 n Transferred to another Agency 149 30 78 185 442 L Returned to Field(TNR Program) 1 0 0 1 2 M SUBTOTAL;LIVE OUTCOMES(I.J+K.t L) 983 109 1,092 , 264 1,084 1,318 2,410 ! N Died in Care 2 4 10 35 51 , 0 Lost in Care 0 0 0 1 1 , 1' Shelter Euthanasia 56 6 94 140 296 0 ;Owner Intended fivthanasia"" 0 0 0 0 0 P.-' SUBTOTA13 OTHER OUTCOMES(N.OiP4 Q) -58 10 68 I 104 176 280 348 TOTALASILOMAR OUTCOMES(114,P) 1,039 115.. 1754 358 1w24: '�1.,582. 2,736 ' 'r ' }INU G 6tIE7.TCR(()tihT:zz131t2fl 27 111 _ 3-1 ?6 2��887 ':64,M?Av"eli4, 9,k:ia it:ir: •a:e past.e i p n . i. # .'i`,�w� ''' v ,,,: `, • 34 .�+. .. G{:,MF'st f. , .t. � .-fie- •'.3h'�' .� "� i Fsn ' k . [440.. %. a L t`. � a K 7 *Live release rate was calculated by dividing the Live Outcomes by the Total Asilomar Outcomes.Note that owner surrender for euthanasia(owner intended euthanasia)and died/lost in care were removed from totals per the Asilomar accords formula. *"Save rate includes animals surrendered for euthanasia as well as animals which were lost or died in care. ""`Proof ofanimal suffering impacting life quality or aggressive behaviors presenting a risk to public safety are required by owners requesting this service. 216)J,� OC Animal Care 0 1630 Victory Road,Tustin CA 92782 www.ocpetinfo.com 293 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 46 OF 51 Gimme Shelter and a Pound of Advice ABBREVIATIONS: ABA: American Bar Association ASPCA: The American Society for the Prevention of Cruelty to Animals ASV: Association of Shelter Veterinarians CDPH: California Department of Public Health HASS: Human Animal Support Services HSUS: Human Society of the United States OCAC: Orange County Animal Care OCCR: OC Community Resources OCGJ: Orange County Grand Jury OCHRS: OC Human Resource Services NACA: National Animal Control Association NGA: Non-government Organization TNR: Trap, Neuter, Return 294 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 47 OF 51 Gimme Shelter and a Pound of Advice GLOSSARY: Adoption Barriers Policies or procedures that make adoption, fostering, or volunteering a challenge. Asilomar Asilomar refers to an animal welfare industry conference held at Asilomar in Pacific Grove, California. Statistical guidelines developed from this meeting became known as the Asilomar Accords. Participating shelters compile their own data into 'Asilomar' reports, publish their data, and forward their reports to Humane Rescue Alliance which compiles nationwide animal welfare statistics. Behavior Dogs Dogs identified as having challenging behaviors. Capacity for Care Capacity for Care is an organization's ability to appropriately care for the animals it serves. This is based on a range of parameters including, but not limited to, the number of appropriate housing units; staffing for programs or services; staff training; average length of stay; and the total number of reclaims, adoptions, transfers, returns, or other outcomes. Community Cat An unowned cat can be social with people or not. A "Community Cat" is an umbrella definition that includes any outdoor, free roaming cat. These cats may be "Feral" (un- socialized) or friendly or may have been born into the wild. Usually, a Community Cat is a friendly cat. Feral Cats Feral cats are not socialized to, and are extremely fearful of, contact with people. Typically, they do not respond well in captivity. A feral cat is typically born in the wild or outdoors with little to no human interaction. If you attempt to get too close or try to pet them, feral cats view your hand as a claw that will harm them and will hiss and/or run away. Feral cats are born from other ferals or from stray cats. Kill / No Kill Kill / No Kill refers to a shelter's policy respecting euthanasia. A no kill shelter will not conduct euthanasia, with exceptions for humane reasons. Practices of no kill shelters vary along a spectrum that reject the use of euthanasia as a primary means of population control and health management. A kill shelter will conduct euthanasia for a variety of reasons that include animal control, medical and population control, and 295 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 48 OF 51 Gimme Shelter and a Pound of Advice behavior. Many municipal shelters are "kill" shelters as their mandates often include animal control. Kitten Season A busy time in the animal shelter world when feral and community cats have kittens. The season occurs during warm weather months. Also referred to as cat breeding season. Typically kitten season is March-October but varies from place to place and in some areas is year-round. Legal Retention The number of days a shelter is required by law to hold an animal for recovery by owner prior to placing the animal for adoption, for sale, or euthanizing. Live Outcome Types Adoption: an animal is adopted Return-to-Owner: an animal is returned to the custody of their human/s. Transferred-Out: an animal is transferred to the custody of another organization. Trap Neuter Return: an animal is returned to their habitat or community after being treated for medical conditions, including spay/neuter. Return to Field: putting an animal back where it was found, often as part of a TNR program. Live Release Rate (Asilomar Report) Live Release Rate is the proportion of animals leaving the shelter alive to the total number of animals leaving alive plus the number of shelter directed euthanized animals. Live outcomes are usually achieved through adoption, reclaim by owner, transfer to another agency or other life-saving actions Other Outcome Types Died in Care: any animal who died while in the custody of the shelter, not by euthanasia. Euthanized/Killed: any animal whose life was ended purposefully while in custody of the organization. Rescue Groups Rescue Groups are often operated by a network of foster home-based volunteers that may or may not be associated with a standing facility. These organizations often accept difficult-to-adopt animals from other shelters and may transfer them or facilitate adoptions outside of the shelter setting. 296 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 49 OF 51 Gimme Shelter and a Pound of Advice Return to the Field An animal who has been returned to its home or habitat. Also referred to as relocate, return to community, or return to wild. Save Rate (Asilomar Report) Save Rate is the proportion of animals leaving the shelter alive to the total number of animal outcomes. Shelter Types Municipal: an organization that provides the animal care services of a city, county, or cities or counties. Municipal Contract: A private organization that provides contracted services for the animal care of a city, county, or cities or counties. Rescue without a Municipal Contract: a private organization that has no affiliation to the city or county animal services. Foster based Rescue without Shelter: an organization who houses all animals in its custody in foster homes. Sanctuary: An organization that offers animals a place to live out the remainder of their life. Sometimes sanctuaries offer the option of adoption placement. Animal welfare sanctuaries often offer this space for animals that have exhausted all other local resources, as an alternative to death. Stray Hold The number of days a shelter must hold a stray animal before determining the outcome, as determined by local ordinances. These vary from place to place. TNR (Trap-Neuter-Return) TNR (Trap-Neuter-Return) refers to an approach for managing community cats that is an alternative to shelter impoundment. In appropriately managed TNR programs, cats are humanely trapped and surgically sterilized, vaccinated, ear tipped, and returned to the location from where they were trapped. TNR cats are often not taken into the custody of a spaying/neutering organization because they generally have established community colonies to which they are quickly returned. Community cat colonies are often under the care of a local human member of a community. Treatable Treatable means dogs and cats with medical or behavioral issues that can be rehabilitated and managed. 297 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 50 OF 51 Gimme Shelter and a Pound of Advice Unhealthy and Untreatable Unhealthy and untreatable means dogs and cats who, at or subsequent to the time they are taken into possession: 1. have a behavioral or temperamental characteristic that poses a health or safety risk or otherwise makes the animal unsuitable for placement as a pet, and are not likely to become healthy or treatable; or 2. are suffering from a disease, injury, or congenital or hereditary condition that adversely affects the animal's health or is likely to adversely affect the animal's health in the future, and are not likely to become healthy or treatable; or 3. are under the age of eight weeks and are not likely to become healthy or treatable, even if provided the care typically provided to pets by reasonable and caring pet guardians in the community. DISCLAIMER Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. 298 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 51 OF 51 ATTACHMENT #2 ��NYIc CITY OF HUNTINGTON BEACH eg e �'udin S.Said f .� OFFICE 5r.Deputy City Attorney kii,-......,,_ -,; ,, Ryan F Lumm .�', 0 the Sr.Deputy City Attorney '�r r. �Dl' -',.......4.' CITY ATTORNEY Ls�urcuL.Rosc Deputy City Attorney P.O.Box 190 Charles"Connor"Hyland Michael E. Gates 2000 Main Street Deputy City Attorney City Attorney Huntington Beach,California 92648 Steven F.Pomeroy Telephone: (714)536-5555 Community Prosecutor Facsimile: (714)374-1590 August 29, 2023 Honorable Maria Hernandez Presiding Judge of the Orange County Superior Court 700 Civic Center Drive,West Santa Ana, Ca. 92701 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report Gimme Shelter and a Pound of Advice Honorable Presiding Judge Hernandez, The City of Huntington Beach received and reviewed the referenced Grand Jury Report, and in accordance with Penal Code § 533.05(b)(3), the City requires an extension of time totaling 60 days from the date of this letter to respond to the Grand Jury Report titled Gimme Shelter and a Pound of Advice, "The State of Animal Welfare Overseen by the County of Orange." The City provides the following explanation and timeframe of the analysis requiring the extension in time. Responses and Findings: F4: Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. 317925 299 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report Gimme Shelter and a Pound of Advice August 29,2023 Page 2 F6: The Orange County Animal Care Volunteer program was stopped during COVID- 19 and restarting the program has been slow, resulting in decreased animal socialization and enrichment. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. F7: Orange County Animal Care's Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies, or procedures, resulting in inconsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the experience and personal considerations of the individual committee members and management rather than written objective standards. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. -F8: The rate of behavioral euthanasia of dogs has increased significantly over the last 2 years. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. . F9: Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter's dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. 300 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report Giinme Shelter and a Pound of Advice August 29,2023 Page 3 F10: While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program, reportedly on the basis of the County Counsel's legal opinion that the program violates a California statute related to willful animal abandonment. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F11: The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F12: There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments.The City will complete its analysis and provide a response within 60 days. F13: The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters' access to all available animals. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F15: Internal and community engagement does not adequately communicate the shelter's mission and operating strategy. 301 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report Gimine Shelter and a Pound of Advice August 29,2023 Page 4 Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. F16: The information currently on the Orange County Animal Care website for low-cost spay/neuter is not up to date with regard to referrals and prices for spay/neuter procedures. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. 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. Response: The City of Huntington Beach requires further time for a complete analysis of this finding with all applicable City departments. The City will complete its analysis and provide a response within 60 days. . Respectfully, Mic ael E. Gates C1 y Attorney Cc: Al Zelinka, City Manager Honorable Tony Strickland, Mayor Eric Parra, Chief of Police 302 • to :40 ORANGE COUNTY GRAND JURY 700 CIVIC CENTER DRIVE WEST•SANTA ANA,CALIFORNIA 92701 •714/834.3320 www.ocgrandjuryorg• FAX 714/034.5555 June 2,2023 Tiny Strickland,Mayor `' -j ', City of Huntington Beach �. ,.��- ,,•.. . 2000 Main Street Huntington Beach,CA 92648 Dear Mayor Strickland: Enclosed is a copy of the 2022-2023 Orange County Grand Jury report,Gimnte Shelter and a Pound of Advice,"The Slate of Animal Welfare Overseen by the Courtly of Orange".Pursuant to Penal Code 933.05(f),a copy of the report is being provided to you at least two working days prior to its public release.Please note that under that subsection,"No officer, agency,department,or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report."(Emphasis added.)It is requested that you provide a response to each of the findings and recommendations of this report directed to your office in compliance with Penal Code 933.05(a)and(b),copy is enclosed. Please distribute this report to your governing body. For each Grand Jury recommendation accepted and not implemented,provide a schedule for future implementation. In addition,by the end of March of each subsequent year,please report on the progress being made on each recommendation accepted but not completed.These annual reports should continue until all recommendations are implemented. Please mail the response to the recommendations to Maria Hernandez,Presiding Judge of the Superior Court,700 Civic Center Drive West,Santa Ana,CA 92701,with a separate copy mailed to the Orange County Grand Jury,700 Civic Center Drive West,Santa Ana,CA 92701,no later than 90 days after the public release date,June 7,2023,in compliance with Penal Code 933,copy enclosed.The due date then is September 1,2023, Should additional time for responding to this report be necessary for further analysis,Penal Code 933.05(b)(3)permits an extension of time up to six months from the public release date.Such extensions should be advised in writing,with the information required in Penal Code 933.05(b)(3),to the Presiding Judge of the Superior Court,with a separate copy of the request to the Grand Jury. We tentatively plan to issue the public release on June 7,2023.Upon public release,the report will be available on the Grand Jury website at www.ocgrandiurv.ora. 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V.,..,,-4i;,11N141:,,,,,11.14.‘,.41.4firg•O`1,11 k..:=1,1,`,;,A14., 11%A,,,,,,I t4ti,.; %.45., .4... OM, ..41!'• ..,,,,,;t, 41'fq.)1,1,10A1.V. I..1%.14:11,,,,,,',1"1,S*V4^..,4k16.-•,.."*.'` •'''' ..g.....,....-....-..._._. -..- Gimme Shelter and a Pound of Advice TABLE OF CONTENTS TABLE OF CONTENTS 2 TABLE OF FIGURES AND TABLES 3 SUMMARY 4 . BACKGROUND 5 . . .. . ...REAS.ON.FOR.STUDY 8 ....METHOD.OF STUDY 8 Interviews 8 Surveys 9 . .. Site Visits 9 Key Documents 9 Documents Requested but Not Provided 10 INVESTIGATION AND ANALYSIS 10 . Services and Facilities 10 Volunteer.and Rescue Relations 12 Human Resources _ 13 . . Animal.Care•Attendants .- . 14 • Communication 16 Policies and Procedures 16 .. .COVID-19 17 . . Facilitating Adoption 18 . .. .... . Spay and Neuter Overview 19 _ ... _ Trap,Neuter and Return 20 • - Euthanasia Report 22 _ . _. - . Asliomar Reports 22 . .- . Analysis of OCAC Data 23 Dog Euthanasia: 25 . . . . Impediments to the Investigatidii 27 CONCLUSION 30 .-. ..---FINDINGS 31 Management. 31 . . Anlmal.Welfare 31 Communication!Outreach. 32 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 2 OF 51 305 Gimme Shelter and a Pound of Advice Impediments to the Investigation 32 RECOMMENDATIONS 33 Management. 33 Welfare 33 Communication/Outreach 34 impediments to the Investigation 35 REQUIRED RESPONSES 36 Findings—90-day Response Required 37 .. Recommendations-90-day Response Required 38 REQUESTED RESPONSEs 39 Findings—90-Day Response Requested 39 - - Recommendations—90-Day Response Requested 39 REFERENCES 40 APPENDIX 1 42 Table 1 -Adult Cat Euthanasia and TNR Rates by Quarter 42 APPENDIX 2 43 Table 3-Dog Behavioral Euthanasia Rates by Quarter 43 APPENDIX 3 44 Orange County Grand Jury Animal Shelter Contract City Survey 44 APPENDIX 4 45 Orange County Grand Jury Independent City Shelter Survey 45 Appendix 5... • 46 . . . . OCAC 41!Quarter 2022 Asitomar Report 46 • ABBREVIATIONS:. 47 GLOSSARY: 48 DISCLAIMER 51 TABLE OF FIGURES AND TABLES . Figure-1 -Map of Orange County 7 . ...Figure.2. Adult.Cat.Euthanasia.Rates 24 Figure 3-Dog Euthanasia Rates (Behavioral) 26 ORANGE COUNTY GRAND JURY 202212023 PAGE 3 OF 61 • • 306 Gimme Shelter and a Pound of Advice SUMMARY Orange County Animal Care has been a source of public concern since the 1990s,with no less than five previous Orange County Grand Jury reports detailing troubling conditions,The previous reports cited excessive euthanasia rates,poor leadership, inadequate numbers of animal care attendants,a lack of cooperation between staff • departments,the exclusion of kennel staff from euthanasia decisions,the lack of proper assessment of animals chosen for euthanasia,and low morale negatively impacting operation of the shelter. Recent public outcry citing conditions at the shelter, recent litigation, and publicly circulated petitions calling for changes at the shelter suggest the previously expressed concerns remain. In addition to these publicly voiced concerns, the current Orange County Grand Jury received direct complaints requesting an inquiry.The Grand Jury determined a renewed investigation was warranted, The investigation focused on three major areas of concern:the management of the shelter,the welfare of animals under shelter care, and the communication and engagement with the public and the 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,the shelter decided to stop its TNR program. The Grand Jury's investigation determined that termination of the TNR program had detrimental consequences forr the welfare of the animals-under the.•••• shelter's care. • The elimination of the TNR program also has contributed to substantial public dissatisfaction and alienation that undermines the public's and the rescue community's relations with shelter leadership. • - • During the Grand Jury's investigation, it was reported by the shelter's senior management that the termination of the TNR program resulted from an opinion rendered-by the County's legal counsel.Understanding the reason leading to the decision to terminate the TNR program would be important for considering whether the program can and/or should be reinstated.Toward that end,the Grand Jury endeavored to obtain a copy of the opinion of the County's legal counsel by directing a written request to the Chair of the Orange County Board of Supervisors.While the Grand Jury recognizes that the opinion may enjoy confidentiality pursuant to the attorney-client privilege,the Board of Supervisors has the discretion to waive that privilege.The Grand Jury's request included its commitment to maintain the confidentiality of the opinion itself and its contents, Nevertheless, the request was declined, as was the Grand Jury's alternative request that the County simply identify the legal authority reviewed in studying the issue. - -.Members-of shelter management indicated their understanding the TNR program was terminated due to the opinion that the program violates a state law.The law makes it a crime to willfully abandon an animal notwithstanding that the program was designed to ORANGE COUNTY GRAND JURY 202212023 PAGE 4 OF 51 r4 307 Gimme Shelter and a Pound of Advice return cats to their original location rather than releasing them to randomly selected sites.TNR programs are widespread throughout California,not to mention the nation as set forth in a report from the American Bar Association.The Grand Jury is unaware of any published court case determining that a bona fide TNR program is prohibited under the anti-abandonment statute. Given the important benefits to animals and the public provided by such programs,the Grand Jury believes it would be prudent for the County to revisit the propriety of the former program and consider obtaining a second legal opinion. This report highlights analysis of data provided to the Grand Jury by the shelter Indicating that euthanasia rates related to dog behavior and to cats have increased significantly within the last two years.The increase In dog behavioral euthanasia rates suggests that there is Inconsistency over time as to how dogs are being assessed and evaluated for behavior-related euthanasia.The increase in feline euthanasia rates appears to be correlated with elimination of the TNR program. • This report also addresses the challenges in maintaining quality staff at the shelter, especially in the Animal Care Attendant positions. Hiring practices for the shelter are too • cumbersome;lengthy and lack consideration of how those practices Impact animal welfare.Animal Care Attendant staffing at the shelter is inadequate and Animal Care Attendant staffing vacancies need to be filled more quickly. This report discusses major deficiencies with each of the issues identified above and makes specific recommendations to help support a more engaged community. Status quo at the shelter is unacceptable.Appropriate remedial steps must be taken as animal welfare is paramount) Finally, this report comments on the difficulties the Grand Jury encountered during Its investigation.Without explanation, the entirety of the Orange County County Counsel's office determined itself to be conflicted with the Grand Jury's inquiry into Orange County Animal Care. The Investigation was hampered and slowed during the six weeks the Grand Jury was required to arrange for outside legal counsel. BACKGROUND Orange County Animal Care(OCAC)began operations In 1941 and was responsible for rabies and tending to lost livestock. In 1950,the population of Orange County was : roughly.216,000. By January 2022,the estimated population was 3.1 million people. OCAC provides a myriad of services over a wide territory and variety of client needs and expectations. OCAC serves the unincorporated areas of Orange County and contracts its service's to 14 client cities:Anaheim,Brea, Cypress, Fountain Valley, • _ Fulterton,.Huntington Beach, Lake Forest, Orange, Placentia, San Juan Capistrano, Santa Ana;Tustin,Villa Park, and Yorba Linda. The remaining cities in Orange County either have their own shelter or contract with other cities or non-profit groups to provide animal care and control services.The unincorporated areas of the county and the 14 ORANGE COUNTY GRAND JURY 2022E 2023 PAGE 5 OF 61 308 } Gimme Shelter and a Pound of Advice contract cities have a combined population of approximately 1.8 million residents, greater than half of the total population of Orange County. In March 2018, a new shelter was opened on a 10-acre site at a cost of$35 million.The shelter includes a two-story,approximately 30,000 square-foot main building, six stand- alone kennel buildings,multiple dog play yards,a barnyard, and a rabbit housing area. °CAC can shelter up to 600 animals and is the single largest municipal animal facility In the western United States serving residents in one location. OCAC has 137 authorized staff positions.Approximately 21 staff are animal care attendants who are represented by the Teamsters Union.All other staff are represented by-the Orange County.Employees Association. Labor relations and contract terms must • be taken into consideration white operating the shelter. • OCAC, like most municipal shelters, relies upon a variety of rescue support groups and citizen volunteers to enhance animal welfare and outcomes.The relationship between • shelter management, rescue groups,and volunteers has deteriorated in the last three • years.•The historical partnership between the shelter and rescue groups has become stressed due to a variety of reasons.The breakdown in communication, engagement, and trust between parties has negatively affected shelter operations. Most large municipal shelters are"kill"shelters,which are shelters where animals may be euthanized for any of a variety of reasons. Privately operated shelters and smaller municipal shelters tend to be non-kill shelters. Non-kill shelters may euthanize some animals in special cases, but generally do noteuthanize animals.Large municipal •• •shelters,owing to their size,capacity,public responsibility, operational mandates,and their positioning as"shelters of last resort,"euthanize animals as a matter of course. Animals are euthanized for a variety of reasons, such as: • they suffer from irredeemable disease or injury, • • -they are of a species that represent a danger to the community, or • they are behaviorally unfit for adoption. Many.shelters have Trap, Neuter and Return(TNR)programs. In accordance with these •- • programs;feral and community'cats are captured from their outdoor environment,taken to a shelter or veterinarian where they are neutered, and then returned to the location from where they were trapped.TNR programs serve to reduce colonies of feral and • -community cats in a humane manner and serve to manage and reduce this cat _populatiitin..O:CAC'had a TNR.program beginning In 2013 until early 2020 when it was discontinued. • • ORANGE COUNTY GRAND JURY 202212023 PAGE 6 OF 51 309 Gimme Shelter and a Pound of Advice Figure 1 -Map of Orange County Cities Contracted with Orange County Animal Care yam ,,- J 1,, — 3s r lr'I rr cy -� ,ey �•-:am .i- ' . � "4 � ��;•h:q % ,, a - E P: 14 :,., ~•' �--va Si - } � 1 � t _ s�YL _-_`- _�G--s"� :I/1�/pO C' d7 •e�::r. zisa . ,. v li_<_ S `u711: 2 •': : . iP81R: •'1!;:: gi ,7,, - Z i '-f- � -fay -:r ___ _ _ i. ; - - _ ` _ _ _ •, _ - _ - ;3e S.. 'tnil ; :r :icxa_ _ ? - x .� •imow>1r fir � � a .s _ - V ,. ; �; ;' • •i. ,3{ „V�� . ; Vic` >:. _ t-l� ::lC,,e::S;r.,'z`ce - I'7^K•1_fyt:'__<i 4z:xv.r' te r:` "--,. ':b e. ice>>;' _ OVO.-.:e'+':: "t - itn,F(Oras c : — r'>:-‘-,-.:,-.,..---.---;-,,,--------= i,"-- ,...:::,,,N,‘_,Ja.:;:: ; c r k Ladara Ranch The map above shows the cities and unincorporated areas currently contracted with OCAC.Ali city contracts are not alike in that OCAC may provide partial services for some cities and full services for others. ORANGE COUNTY GRAND JURY 2022!2023 PAGE 7 OF 51 310 Gimme Shelter and a Pound of Advice REASON FOR STUDY In 2022,the Grand Jury received 14 complaints about the Orange County Animal Care (OCAC)shelter. Many of those complaints were the same complaints addressed in five previous Grand Jury reports, including: • the shelter's unresponsiveness to community needs, • restricted public access to the shelter's kennels, • restricted opportunities to walk through the kennels and engage with adoptable animals, and • concerns related to inadequate staffing and volunteer levels. Complainants also expressed concerns about animal surrenders,a perceived increase in homeless cats with less spay/neuter availability,and the shelter's increased euthanasia rates. About the same time the Grand Jury was receiving public complaints about the shelter, a petition with thousands of signatures was delivered to the Orange County Board of Supervisors.The.petltion addressed the same concerns as the complaints received by . the Grand Jury and demanded change in the shelter's appointment-only system and reinstatement of the sheiter's TNR program. The Grand Jury also learned about a lawsuit filed by Elizabeth Hueg, Safe Rescue Team (a California 501(c)(3)nonprofit corporation),and Cats in Need Of Human Care(another California 501(c)(3)nonprofit corporation)seeking an injunction from the Orange County Superior Court for the assignment of a shelter monitor to oversee shelter operations. The 2022-2023 Grand Jury revisited OCAC because public discussion pointed to new and allegedly ongoing and unresolved concerns about shelter operations.The Grand • • Jury focused on current practices at OCAC to determine how well the needs of the animals, staff,and public are being met. METHOD OF STUDY The Orange County Grand Jury's objective is to provide an accurate portrayal of OCAC's current operations,culture, inner workings,and challenges.The Grand Jury investigation relied on interviews, public and shelter documents, surveys, site'visits, and news accounts about the shelter.The information supporting the facts,findings,and recommendations in this report is corroborated,validated, and verified through multiple sources. Interviews The interviews conducted by the Grand Jury focused on an in-depth review of OCAC • management,staffing,operating structure,animal care procedures, communications, animal care statistics,operating plan, organization structure, morale,the volunteer ORANGE COUNTY GRAND JURY 202212023 PAGE 8 OF 51 311 Gimme Shelter and a Pound of Advice • program, relationship with rescue organizations, and complaints. Interviews included the following: • Management and staff from OCAC. • Current and former volunteers from OCAC. • Management from the OC Community Resources(OCCR)office. • Management from the Orange County Centralized Human Resources and OCCR Human Resources offices. • Community complainants from Orange County Grand Jury Public Concern Letters. • Retained outside legal counsel. • . • Leaders of Orange County city-managed shelters. • Animal advocates. Surveys The Grand Jury solicited feedback from the shelter's clients by surveying the 14 cities -- • contracted with OCAC to provide animal care and control services.Questions in the survey were crafted to determine city satisfaction with the services provided and cost effectiveness,•and to solicit any concerns city leaders, managers, and residents may have with OCAC. (Appendix 3) . A second survey was directed to the five independent city-managed animal shelters In Orange County, soliciting information about their shelter operations,staffing, animal population, adoption procedures,and other challenges. (Appendix 4) Site Visits • The Grand Jury conducted tours and site visits to the OCAC shelter: • One visit was a guided tour of the facility,during which the Grand Jury was • - provided behind-the-scenes access to observe conditions and observe shelter • .. staff as they went about their daily routines. • A second visit was an anonymous visit by two members of the Grand Jury.The two-members visited the shelter to experience,firsthand,guest services and the appointment process for adopting an animal. • • A third visit was an unscheduled visit to observe kennel cleaning and to gather additional documents and records. The Grand Jury also toured the City of Irvine Animal Shelter and the Mission Viejo Animal Services Center. Key Documents • Documents and information provided by OCAC: o Policy and Procedure Manual governing the Orange County Animal Shelter o Volunteer Program Manual ORANGE COUNTY GRAND JURY 2022 12023 PAGE 9 OF 51 312 • Gimme Shelter and a Pound of Advice o Total number of volunteers who have served by year since 2018 o Organization Charts o Job Descriptions of all authorized and contracted positions o Statistics on animals under OCAC care, including adoptions o The OCAC Monthly and Quarterly National Shelter Statistics Project Data Matrix(2018-2022) o OCAC euthanasia records o OCAC Asilomar Reports • OCGJ cat and dog euthanasia statistical analysis derived from OCAC euthanasia records and OCAC Asilomar Reports • City Run Shelters and Contracted City survey responses and summaries • Reports from city-managed shelters • OCGJ Public Concern Letters • Legal briefs filed in the lawsuit against OCAC (Orange County Superior Court Case No.30-2022-01282419-CU-WM-CJC) - _- • A. .Reports from five former OC Grand Juries: 1999-2000, 2003-2004,2007-2008, and 2014-2015(2 reports In 2014-2015) •• OCAC Performance Audit responses(February 4,2016) • ''American Bar Association legal opinion 102B, Tort Trial and insurance Practice Section report to House of Delegates-Resolution No. 29N, pages 1 and 2 • California Penal Code Section 597s • OCAC Strategic Plan Executive Summary(January 22,2018) -Strategic Priority, pages 1 to 4 • Association of Shelter Veterinarians Guidelines for Standards•of Care in Animal - Shelters Documents Requested but Not Provided • - • Daily census of all animals plus breakdown of number of cats and dogs from 2018 through 2022.(not provided by OCAC since It reportedly is not tracked). • Complaints and Grievance log. •- - -•••• The Grand Jury attempted,without success, to obtain a copy of OC County • Counsel's opinion concerning the terminated TNR program. The Grand Jury's - = -request to the-Chair of the Orange County Board of Supervisors for a copy of the opinion was denied, as was an alternative request that the County simply identify the legal authority reviewed in studying the issue. . INVESTIGATION AND ANALYSIS Services and Facilities The Orange County Animal Care(OCAC)shelter is the largest municipal shelter in the western United-States serving residents in one location.The nature,size, and scope of the shelter adds complexity and unique challenges to its operation.The shelter employs • • 137 staff engaged in a variety of functions including animal sheltering and care,animal control, reuniting lost pets with their owners,veterinary services, licensing, adoption, marketing,public relations,and administration. Supporting the varied needs of over 1.8 ORANGE COUNTY GRAND JURY 2022E 2023 PAGE 10 OF 51 313 Gimme Shelter and a Pound of Advice million residents requires a substantial investment in facilities, infrastructure, personnel, organization, customer service, and public outreach. OCAC provides temporary shelter and medical care for"lost"owned or stray animals and opportunities for adoption of these animals. OCAC houses and provides medical care for impounded dogs,cats,and exotic animals. OCAC also provides animal control services • that include removing dangerous non-domesticated animals where they pose a hazard to humans or other animals. OCAC is not a No-Kill shelter. OCAC euthanizes animals for several different and sometimes compelling reasons,including animals injured beyond redemptive medical care, behavior,species and breed,and age. The size and complexity of the shelter leads to numerous managerial and operational challenges.The shelter has space capacity to care for up to 600 animals; however, at times, the number of animals at the shelter exceeds shelter capacity.When capacity is exceeded; temporary capacity is created by moving cat cages Into administrative areas such as the facility's training and conference room.On the day the Grand Jury toured the shelter;there were 450 animals. The Grand Jury was unable to obtain a full accounting of the average number of animals per day at the facility since OCAC only began keeping daily animal census records in December 2022. However,the Grand Jury was able to estimate average daily cat and dog count from the shelter's Asilomar reports. • Average daily cat and dog count based on quarterly Asilomar data for the years 2021 and 2022 was between 350 and 400 cats and dogs.Actual daily counts will vary from the average and counts vary with the seasons. The Grand Jury surveyed the cities being served by OCAC. Most cities expressed satisfaction with the services provided by the shelter. During interviews with the Grand Jury, shelter management voiced the challenge of expanding and enhancing services versus the willingness of contract cities to pay for additional services.Shelter management expressed the need to balance services with the cost consciousness of • their contract cities and the county budget,while also providing a level of service expected by.the public.Shelter management expressed awareness that contract cities have alternative service options if the prices charged by OCAC for its service are beyond city expectations or budget. From'1995 through 2016,the California Department of Public Health(CDPH) collected and published data from California's animal shelters.Currently,CDPH does not keep or compile comprehensive data on animal shelters operating within the State. Out of concern for crowding and high euthanasia rates, animal welfare groups within the State have pressed for legislative action in Sacramento. In January of 2023,Assembly Bill 332, .called the'Shelter Animal Collection Data Act,"was introduced by Assemblyman Alex Lee(D-San Jose)and coauthored by Assemblywoman Marie Waldron (R-Valley Center). Assembly Bill 332, If adopted,would require shelter data collection and reporting that piggybacks onto current rabies reporting mandates.The bill would further require CDPH to collect and publish animal shelter intake and outcome data, including adoption, redemption,euthanasia, and other categories. ORANGE COUNTY GRAND JURY 2022 12023 • PAGE 11 OF 61 314 Gimme Shelter and a Pound of Advice Volunteer and Rescue Relations Most animal shelters rely on a host of shelter volunteers to help with the care and enrichment of the animals under supervision, and they also rely on private rescue organizations(rescues)to help with the adoption process and fostering. OCAC is no exception. Shelter volunteers help by assisting shelter staff with animal care, socialization,and enrichment;community outreach and events;conducting tours; greeting shelter visitors; and assisting with shelter adoptions.Volunteers are often the ones who walk the dogs, work with their socialization, and foster kittens without mothers.The volunteer program Is vital. Rescue organizations help by accepting animals from the shelter and facilitating adoptions or placing animals in foster care for eventual adoption. Rescues help relieve the shelter of overcrowding.These organizations benefit animals by facilitating adoptions or placing them.inifoster homes with enriched social environments greater than the shelter can reasonably provide. The coordinated efforts of shelter staff, volunteers,and rescue organizations are vital to OCAC's success and the welfare of animals under its care.OCAC has been challenged by both inadequate staffing and strained collaboration between the shelter,volunteers, and rescues. Some challenges are the result of the recent COVID-19 crisis,when the volunteer program was shut down in response to County health mandates, Other challenges are due to some rescue organizations' responses to changes in-shelter • organization, operation,and procedures within the last 2 to 3 years. Moreover, some organizations report recent funding challenges that limit their ability to fully assist the shelter with its animal welfare mandate. Funding has been especially challenging for rescues since COVID-19. The shelter's volunteer program was not restarted until late 2022,although state COVID- . . . 19 restrictions were.lifted June 15,2021. Unfortunately, restarting the program required more than-calling.all volunteers.back from COVID-19 isolation. Some former volunteers • have not returnedtecause they have moved on with their lives. Some volunteers have not returned because'of their dissatisfaction with recent changes in organization, operation,and procedures at the shelter. However, some volunteers have returned, and more are being recruited to form the foundation for a re-energized volunteer program. Relationships between-the shelter and some rescues remain strained. Leadership - changes within the past three years, changes In circumstances at the shelter, and the shelter's response to COVIII-19 resulted in changes to shelter priorities and practices to which some rescues object.Some changes were precipitated by differences in priorities and.concerns that came with the change in shelter leadership,some changes were in response to COVID-19 restrictions and concerns, and one change came as the result of the shelter's response to a threat of litigation by a lone animal activist from outside Orange County challenging the shelter's TNR program. Strained relations between OCAC and rescue organizations are detrimental to the operations of the shelter and ultimately to the welfare of animals under the shelter's care. ORANGE COUNTY GRAND JURY 202212023 PAGE 12 OF 51 315 Gimme Shelter and a Pound of Advice • To operate at its highest potential, OCAC needs to have a good working relationship with the rescues. Rescues want to have a good working relationship with OCAC.During Grand Jury interviews, both management at OCAC and representatives of rescues indicated a desire to work to resolve their differences, and both expressed the welfare of the animals as being their highest priority. OCAC will benefit if it has a robust outreach program to continually recruit volunteers and will benefit by engaging with the rescue community to mend the fractured relationship that has developed between them. Human Resources The OCAC shelter Is a 2417 facility that requires adequate staffing during all.hours to meet the highest standards of animal welfare. .. Continuity of leadership at the OCAC shelter has been a challenge over the past four years with turnover in management and supervisorial staff level positions. Over the past four years,two executive directors have been hired with interim leadership having to be = provided on two separate occasions.The Chief Veterinary position went unfilled for months until the current Chief Veterinarian was brought onboard in May 2022. Between • September 2021 and May 2022,the shelter did not have a chief or a staff veterinarian • and services were provided by one contract veterinarian. • - •OCAC is under the direction of•OC Community Resources(OCCR). However, day-to- day human resource and recruitment support for the shelter is performed by OC Human Resource Services(OCHRS).OCHRS provides separate, targeted human resource support for OCAC's recruitment, labor relations,and employee relations needs. Personnel turnover in critical job categories,such as kennel attendants,can add huge pressure to the remaining staff.Vacancies in critical positions strain shelter operations and impact animal welfare.There are currently 21 allocated Animal Care Attendant . • positions out of the 136 shelter staff positions.The 21 animal care attendants are • assigned to fill the shelter's attendant needs over the 7-day shelter week.There is reason for concern and urgency when even one Animal Care Attendant position goes unfilled. • County policies and practices exacerbate high turnover and make filling vacant positions difficult. Current county practice allows an employee to promote out of their shelter position, or any position, at any time,even while they are still within their probationary period:The ease and fluidity of transitioning adds to the shelter's understaffing and staffing volatility. Staff vacancies,which have been as high as 23%, negatively Impact shelter operations and have taken as long as six months or longer to fill. Delays in filling staff positions disrupt shelter operations. Delays have resulted in qualified candidates declining job offers because they have accepted other positions.Animal Care Attendant and Veterinarian positions are particularly critical and vital to the welfare of the shelter's animals.White OCCR has taken some steps to correct hiring delays, there needs to be an increased sense of urgency when posting and filling critical vacant positions. ORANGE COUNTY GRAND JURY 2022 t 2023 PAGE 13 OF 51 316 Gimme Shelter and a Pound of Advice As a unionized organization, limitations exist which impact the assignment of human resources within the shelter's organization and daily operations. Staff are slioed into operational categories and Job functions,which limits managerial flexibility in their ability to respond to special operational needs.An inflexibility in management's ability to respond to vacancies in Animal Care Attendant staffing is one such example. Staffing limitations and operational inflexibility has resulted in instances of inefficient allocation of shelter human resources, Moreover, labor rules limit shelter volunteers from performing certain duties that must be performed by shelter employees.Volunteers are drawn to the shelter out of a desire to work and care for the animals. Restricting volunteers from lending a hand when they see the need is disheartening to the volunteers. Animal Care Attendants Animal care attendants at OCAC provide the direct,daily care of the animals. They attend to several areas of responsibilities: ▪ Intaking•animals brought to the shelter by the public or impounded by animal . . control or the cities, entering information about the animal into the shelter's data • • base, and taking pictures of the animals. • • Feeding and watering of all the shelter's animals-domestic,exotic, and wild. • Cleaning and disinfecting kennels,cages, corrals, and equipment and maintaining the general cleanliness of the shelter's kennel facilities. • Monitoring,documenting,and reporting on the health and well-being of sick, exotic,and quarantined animals; reporting any abnormalities or changes in .condition to veterinary staff. • Assisting with animal adoptions, including providing counseling on breed characteristics, matching and introducing the appropriate animal to the potential adopter, and instructing adopters in basic animal care. • • Grooming the animals for the health and comfort of the animals. • Responding to public inquiries about legal retention,adoption procedures, basic animal care,and behavior, • Animal Care-Attendants may be assigned into any one of three areas of responsibility: intake, Cat Team, or Dog Team. Usually, intake has two Animal Care Attendants assigned to it;they may receive 30 to 60 animals per day.The Cat Team Is responsible for the kennel areas housing cats, kittens, rabbits,guinea pigs and other animals.Their duties include cleaning and feeding, enrichment,adoption and the other activities -- -- - discussed-above. The-Dog Team is responsible for the kennel areas housing dogs.Their _-..:.. .. -. :. . duties inolude.dleaning and feeding,enrichment,adoption and the other activities noted above. • in 2016,•OCAC brought in professional consultants to provide recommendations for a 2018 Strategic Plan. One of the consultant's recommendations was for the shelter to . - increase staffing allocation to 26 Animal Care Attendant positions.OCAC did not implement that recommendation.Additionally, the consultant recommended the shelter follow the Association of Shelter Veterinarians(ASV)Guidelines for Standards of Care in Animal Shelters.Those practices include National Animal Control Association (NACA) ORANGE COUNTY GRAND JURY 202212023 PAGE 14 OF 61 • 317 Gimme Shelter and a Pound of Advice guidelines and the Humane Society of the United States (HSUS)guidelines(which is the current standard). The allocation of Animal Care Attendants at OCAC is insufficient for the shelter to meet industry standards for level of care. NACA and HSUS recommend a minimum of 16 minutes of care per day per animal for feeding and cleaning each animal housed in the • shelter; 9 minutes for cleaning and 6 minutes for feeding and watering. . There are currently 21 Animal Care Attendant positions allocated at the shelter, Three positions were vacant as of May 1,2023.A normal Animal Care Attendant daily shift at the shelter is 10 hours, of which the attendants are expected to spend half their time cleaning,feeding,and watering the animals and half their time attending to other responsibilities, including those responsibilities noted above. Half the Animal Care Attendants work from Wednesday through Saturday and the others work Sunday through Wednesday.Animal Care Attendants spend about 4%hours cleaning and feeding the animals each day. The Grand Jury evaluated the Animal Care Attendant's workload during the four-month period between December 4,2022 and April 10,2023. Individual Animal Care Attendants cared for 48 animals pet shift on average and in some cases up to 90 animals per shift. Conservatively,Animal Care Attendants at the shelter spend less than 6 minutes on average per animal attending to cleaning and feeding,which is much less than the 15 minutes recommended by the NACA and HSUS guidelines. Of note,the four-month period reviewed by the Grand Jury is not the shelter's busy season. During kitten season,the cats and kittens alone can number up to 500'to 600 cats.and kittens.per day.The Grand Jury could not evaluate daily census records prior to December 4,2022 because OCAC did not keep daily animal census records prior to that date. There are still other'needs the animals have, such as time for animal enrichment which is required daily. The other half of the Animal Attendant's shift is devoted to picking up • animals from intake;.showing animals for potential adoptions, walking dogs,stocking supplies,washing dishes or other non-direct animal care tasks. ASV_Guidelhies stress.enrichment should be given the same significance as feeding, -- watering, and veterinary care. Successful enrichment programs prevent the development and display of abnormal behavior and provide for the well-being of the animal. Regular positive daily social interaction with humans is essential for both dogs and cats.Animals heed-daily walking,playing, grooming, petting,etc. OCAC's 2018 Strategic Plan called for all sheltered dogs and cats to receive appropriate daily enrichment tailored to their needs. The Grand Jury found that other shelters in Orange County walk their dogs several times.per day and provide numerous opportunities for enrichment.At the OCAC shelter,dogs are not always walked daily. Instead, animal care attendants only walk dogs every other day,as time permits. The Grand Jury recognizes that resources are limited, but the shelter must prioritize the welfare of the animals over other shelter operation considerations.This puts pressure on management to operate the shelter efficiently. Other animal care facilities report 50% of ORANGE COUNTY GRAND JURY 2022 12023 PAGE 15 OF 51 318 Gimme Shelter and a Pound of Advice their staff provide direct care to their animals.At OCAC, only 15%of staff provide direct care.The Grand Jury recommends a review of the current allocation of positions within OCAC. OCAC has 137 budgeted staff positions of which only 21 positions provide direct care to the animals.Assigning adequate resources to the direct care of the animals must be a priority as the health and welfare of the animals is the shelter's primary charge.The current allocation of Animal Care Attendant positions is insufficient. Communication The shelter's organizational challenges are numerous;many challenges are systemic, but some are self-inflicted.With many constituents,such as shelter staff,volunteers, rescue organizations,and the public at large, robust communication programs are essential to addressing the concerns and needs of both internal and external audiences. Collaboration'and communication within the shelter are lacking. Departments within the shelter are siloed.Staff within departments focus solely on their duties and • • responsibilities and are not encouraged to think of their efforts as being part of a"Big Picture.".Morale.is.reported to be low.Workplace rules and position classifications tend to discourage a collaborative mindset. In March 2015, the Orange County Office of the Performance Director issued a report on the OCAC.The CC Auditor noted that,among other things,the shelter was not holding regular"all-hands"staff meetings.The Auditor recommended that the shelter hold meetings at least every quarter.The 2014/2015 Orange County Grand Jury report of the OCAC made the same recommendation.The response from OCAC to this Grand-Jury - report was that all-hands meetings were implemented. However, all-hands meetings currently do.not occur at any regularly scheduled interval.Although shelter staff have a general sense of shelter operations and functions,the shelter Is a shoed work environment.Without regularly scheduled all-hands meetings, staff have little opportunity to hear and be heard by shelter leadership and for management to communicate a consistent message. Shelter voiunteers•are!hilted to a program that effectively segregates them from shelter staff and management.Volunteers have little to no voice or effective input into the shelter's decision hierarchy. Policies and Procedures The.Grand-Jury found.that.the shelter's Policies and Procedures manual does not undergo regular internal review.There are policies and procedures In the manual that do . not reflect current.shelter practices.Additionally, there are important shelter practices - - - and functions that are not addressed or are inadequately documented within the manual. . There are some policies and procedures in the manual addressing programs that are no longer relevant or where the manual describes practices that are outdated. It is evident some policies and procedures in the manual have from time to time been inserted or revised, but those cases appear to be done on an ad-hoc basis and are not methodical. Individual policies and procedures documented in the manual are annotated with the date they became effective and,when applicable, revised. However,there is nothing to ORANGE COUNTY GRAND JURY 202212023 PAGE 16 OF 51 319 • • Gimme Shelter and a Pound of Advice indicate when or if a policy or procedure has been contemporarily reviewed and determined to be relevant, accurate,and applicable. Some policies and procedures in the manual were written as long ago as the late 1970s with revisions in the mid-2000s. There is no indication that any particular policy or procedure has been reviewed as current and appropriate, or by whom,or when. Operating a shelter without up-to-date, reliable policies, procedures, and guidelines make formal training difficult, if not impossible, and results in inconsistent operating protocols and practices. More importantly,when new staff are hired, training becomes "on the job training"and subject to inconsistency.With the high level of turnover at the shelter, it Is all the more important to ensure policies and procedures are up to date. COVID-19 The impacts of COVID-19 on shelter operations should not go unacknowledged. Shelter operations were severely strained as state and county COVID-19 restrictions were put • -- - into place.The shelter was effectively closed to the public. Emergency protocols and practices were put into place to ensure the safety of the public and OCAC staff. Leadership had to manage a 24-hour shelter,with many members of the staff required to work on site.Work shifts and resources had to be juggled to ensure staffing was sufficient and personnel were kept safe.Within the limits of the sheiter's staffing allocation,management created a Team ACleam B system that isolated one half of the staff from the other half of the staff. Staff came into work only during those days and hours their assigned team was scheduled.Extraordinary sanitation protocols were put Into place. Nevertheless,when COVID-19 illnesses did occur, management and staff rose to the occasion,working flexibly and cooperatively to prioritize the care of the animals. Both shelter leadership and staff are to be commended for managing shelter operations through a difficult time. - • . :—Unfortunately,the volunteer program was suspended during COVID-19 restrictions and engagement with rescues was significantly impacted.The volunteer program was stow to be restarted. Shelter management could and should have anticipated the end of COVID- - • • - 19 restrictions-and-worked toward reinstating the shelter's volunteer program much earlier than late 2022. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 17 OF Si 320 Gimme Shelter and a Pound of Advice Facilitating Adoption rrti„';:>;c* <= :r^s._.-�_< .n • f' 1- r S. rwr >.3.v • During COVID-19, most animal shelters, Including OCAC, closed or restricted their shelters to public access, including stopping all public walk-in visits. Prior toCQVID-19,the adoption process at the shelter was relatively open.The public was at liberty to visit the shelter at their convenience without an appointment. The cat and dog kennels were mostly open to public viewing where a potential adopter could experience first-hand the size, look, and manner of a potential adoptee.Volunteers and staff were available to facilitate an intimate meeting where humans and animals could interact and bond.The experience was unconstrained,spontaneous, instinctive, and natural. OCAC previously had an animal behaviorist who worked with stressed animals to facilitate their adoptability. OCAC eliminated the animal behaviorist position. Other animal shelters in Orange County have animal behaviorists working with their animals to facilitate adoptability. During COVID-19, public adoptions were carried out by appointment only and computer facilitated.The public was required to schedule an appointment to visit the shelter. Up to three animals could be selected on the shelters website from photographs and biographical information about the animals.A one-on-one meet-up with the anima!{s) followed. People without computer access could use the shelter's computer kiosk to select an animal,but by appointment only. If a suitable animal was not found among the animals selected via computer, kennel staff might make recommendations to the potential adopter. Currently,the adoption process is less restrictive than during COVID-19 but remains more restrictive than pre-COVED-19. The current appointment system is restrictive and ORANGE COUNTY GRAND JURY 2022!2023 PAGE 18 Of 61 321 Gimme Shelter and a Pound of Advice does not provide prospective adopters viewing access to all available adoptable animals. The shelter has opened to limited walk-ins on a stand-by basis when there are openings in the appointment schedule and when staff are available to assist.All potential adopters, appointments, and walk-ins are still required to use the shelter's website to pre-select potential adoptees prior to a one-on-one meeting.The kennels are still off-limits to all visitors. OCAC leadership expressed concern about bites to visitors as the primary reason for restricting kennel access.The shelter experienced a marked drop in bites coincidental with the closure of the facility to the public when COVID-19 restrictions were implemented: • 2019 — 23 bites • 2020 — 7 bites • 2021 — 3 bites • 2022 — 2 bites (as of December 23) However, not ail dogs are bite risks and there is space throughout the kennel facilities to provide for public viewing. Public safety is important,however, dogs representing bite risks can be segregated,and supervised viewing is a viable option. Shelter leadership said that public viewing within the kennels stresses the animals and •that restricting access keeps the animals calm. However,to address that concern,dogs prone to excitability and stress can be secluded, and supervised viewing is an option. • Spay and Neuter Overview • As mentioned earlier,the population of Orange County in 1950 was about 216,000. Today the contract cities and unincorporated county areas served by OCAC has a population of approximately 1,800,000.With the population increase comes an increase in the number of dogs,cats, and other pets. Euthanasia of animals at the shelter is a challenging problem confronting OCAC and pet owners. In.most cases, members of the public either bring lost animals to the shelter to .be reunited with iheir.owners.or bring their own animals to be adopted to new homes. Few people bring animals to the shelter to be euthanized.One reason OCAC has so many animals and a high incidence of euthanasia is that many pet owners do not spay/neuter their pets and thereby allow them to reproduce beyond the owner's ability to care for the offspring. Uncontrolled reproduction is a factor in the high population of dogs and especially cats. According to a 2011 report by the North Shore Animal League of America, each day over 70,000.puppies and kittens are born in the United States, and because of overpopulation, more than 3.7 million animals are still being euthanized each year across • -the-country.-The absence of TNR at the shelter has seriously increased the rate of euthanasia of cats,especially kittens,who are not old enough or healthy enough to adopt. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 19 OF 61 322 Gimme Shelter and a Pound of Advice a - a - • d.. a r i • S t' • a z a y s-. ;fir j Many communities incentivize sterilization of pet dogs by significantly lowering the cost of dog licenses for sterilized dogs in their city.Generally, community shelters and rescue organizations will only allow spayed/neutered animals for adoption or require the new owner have the animal spayed/neutered as part of the adoption process. Some complaints received by the Grand Jury assert that the public has requested low/no cost spay/neuter assistance from OCAC without success. OCAC does not offer low or no cost spay/neuter clinics or events but does list on its website feral cat low cost spay/neuter resources. However, the Grand Jury found that some of the listed phone numbers are incorrect and for those that are correct, some of the listed prices are incorrect. Providing a low/no cost spay/neuter clinic would provide a great service to the community, decrease overpopulation of animals, and decrease the potential euthanasia of cats and dogs. Trap, Neuter and Return OCAC began a pilot Trap, Neuter, and Return (TNR)program for cats in 2013 and over the following years saw cat intake and euthanasia decrease dramatically. TNR has been shown to be the most humane, efficient way of stabilizing feral and community cat populations.TNR is an animal control program practiced by many animal shelters throughout the United States and the State of California. Prior to April 2020,the Orange County Animal Shelter had an active Trap, Neuter, and Return program. ORANGE COUNTY GRAND JURY 202212023 PAGE 20 OF 51 323 • Gimme Shelter and a Pound of Advice y Y a� i^y ,f r ,-jam- �E€F Y F i ... l sir''.� -' _ +'`-i.�� - y • - � x. � � , .�,ice•r'�'� r x r L r f y Try ' ,+J.. ..a. ,17' — r`�! --47— OCAC's TNR program was a cooperative endeavor that depended and relied on the efforts of participating non-profit rescue organizations and individual members of the community. Both OCAC and community participants worked together toe make the TNR program successful. Non-profits and interested members of the animal welfare community performed the field work necessary to trap feral and community cats and transport the cats to the shelter. OCAC received the animals, performed the spay and neuter procedure,vaccinated the animals, and treated them for injuries or disease. When the animals were healthy,fit, and ready for return to their outdoor home,the same non-profit organization or community members retrieved the cats from the shelter and returned them to the same location from which they were trapped. OCAC only provided TNR related services within Its shelter facility and did not participate • _ in locating, trapping,or returning the animals to the location from where they were trapped. However, OCAC played an integral role In the TNR process. When OCAC's participation in the TNR program ended,TNR within tits county effectively ceased. OCAC's TNR program was popular among many local animal welfare groups and individuals and is a necessary element to the continuance of a viable TNR program throughout the county. The Grand Jury recognizes there is disagreement among animal control and welfare advocates whether TNR is effective in reducing feral and community cat populations, whether TNR serves the best interest of the Individual animal, and whether TNR is an environmentally sound practice. In Orange County at least,there apparently is also disagreement whether TNR programs violate a provision of the California Penal Code dealing with malicious mischief. PAGE 21 OF SI 324 ORANGE COUNTY GRAND JURY 2022!2023 Gimme Shelter and a Pound of Advice California Penal Code Section 597s states: (a)Every person who willfully abandons any animal is guilty of a misdemeanor. (b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game. As best as the Grand Jury can determine,the validity of California Penal Code Section 597s or its interpretation or application has never been adjudicated in a reported California court decision.According to a report published by the American Bar Association, it is questionable whether a bona fide TNR program,in which animals are returned to the same location where they were trapped,constitutes willful abandonment. .In or about late 2019/early 2020, OCAC received a cease-and-desist complaint demanding that it end Its participation in the TNR program.OCAC referred the complaint to OC County Counsel. County Counsel reviewed and responded to the referral in an opinion.The Grand Jury went to great lengths to obtain a copy of County Counsel's opinion, to no avail.The.Grand Jury requested a copy of the opinion from OCAC,the County Counsel,the Orange County Board of Supervisors, and Orange County Public Resources.As of the publication of this report,the Grand Jury was not able to acquire a copy of County Counsel's opinion.The Grand Jury was informed that OCCR and OCAC management were advised they could be held personally liable for any legal action arising out of continuance of the TNR program. OCAC's TNR program was terminated in or about April 2020. Euthanasia Report OCAC keeps detailed records of each animal it euthanizes.The Grand Jury reviewed a comprehensive list of all euthanasia outcomes at the shelter spanning the period August 19,2018 through December 4,2022.The shelter euthanized 11,143 animals during that period. Of the euthanized animals,5,123 were identified as either domestic cats or dogs. (Feral cats are classified as domestic animals.)The remaining 6,020 euthanized animals • • • Included other domestic and/or non-domesticated animals. OCAC's records identify.every euthanized animal's date of euthanasia,estimated age, sex, species, breed, and the reason for euthanasia. Estimated animal ages span one day to 50 years. Species span domestic cats and dogs to domestic and/or non- - domesticated animals such as snakes, birds, opossums,bats, rabbits, raccoons, skunks, lizards, rats, squirrels, coyotes,deer,and more. Reasons for euthanasia are varied and include irredeemable suffering, Head Test(rabies), disease, behavior, age,species (public safety),and owner request. Asilomar Reports In 2004, leaders representing national organizations and industry stakeholders gathered •to find common ground in the animal welfare field.Together,they wrote the Asilomar Accords,which establishes common definitions and a standardized way of reporting shelter statistics.Asliomar reports are statistical reports that animal shelters compile documenting their animal intakes and outcomes.The reports are aggregated into a national Shelter Animals Count National Database. ORANGE COUNTY GRAND JURY 202212023 PAGE 22 OF 51 325 Gimme Shelter and a Pound of Advice OCAC compiles records and participates according to the Asilomar Accords data collection methods. The shelter publishes its Asilomar reports on its website. OCAC's data includes statistics on monthly(pre-2021)and quarterly(post-2021)cat and dog intake and outcomes such as adoptions,transfers, returns to owner,and euthanasia. Analysis of OCAC Data The Grand Jury reviewed euthanasia and Asilomar outcomes to evaluate whether termination of the TNR program may have had any impact on euthanasia rates at the shelter. Possibly confounding the issue is the fact that COVID-19 restrictions were put into place about the same time the TNR program was terminated. Figure 2 shows quarterly OCAC Asilomar adult cat TNR outcomes and adult cat .euthanasia outcomes.from the 3'd quarter of 2018 through the end of 2022.TNR rates are represented as a percent of total Asilomar outcomes. Euthanasia rates are represented as a percent of total Asilomar outcomes net of TNR outcomes.Juvenile cats are not included inthe review because the shelters juvenile cat population varies widely with the season and,moreover,juveniles are not candidates for TNR. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 23 OF 51 - 326 Gimme Shelter and a Pound of Advice Figure 2-Adult Cat Euthanasia Rates Adult Cats Euthanized vs.Adult Cats TNR as a%of Total Asilomar Outcomes' 60% TNR program terminated Calif.Covid Restrictions End and Calif.Covid Restrictions '' 50% Begin —�40% �, ,,'° Average=28.8% :::: i 'V % 4 7.-A,„„„ j ' 6*---................./Ne.....-• i 1 10% = i 'Adultcats euthanlred as a% Average=20.9% ` Asitomar outcomes net of TNR t . outcomes. 0% Q3 04 Q1 02 03 Q4 Q1 02 Q3 Q4 Q1 Q2 03 Q4 Q1 Q2 Q3 Q4 2018 2019 2020 202i 2022 —.--Adult Cats Euthanized '---TNR Figure 2 illustrates that adult cat euthanasia rates increased at OCAC following the termination of the TNR program and the beginning of COVID-19 restrictions. The average adult cat euthanasia rate in the period from the 3rd quarter of 2018 through the 1st quarter of 2020 (preTNR termination and COVID-19 restrictions)was 20.9%.The average adult-cat euthanasia rate in the period from the 2nd quarter of 2020 through the 'end of 2022 (post-TNR and COVID-19) was 28.8%. The increase In the rate of adult cat euthanasia following TNR/COVID-19 is 38%over the previous period.The increase is statistically significant. 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To evaluate whether circumstances related to COVID-19 accounted for the increase in euthanasia rates, the rates from the post-COVID-19/post-TNR termination were compared to the rates pre-COVID-19/pre-TNR termination.Again,the average adult cat ORANGE COUNTY GRAND JURY 202212023 PAGE 24 OF 51 327 Gimme Shelter and a Pound of Advice euthanasia rate before COVID-19 and during the TNR program was 20.9%.The average adult cat euthanasia rate after COVID-19 restrictions were lifted but still during the termination of the TNR program(Q3 2021 —Q4 2022)was 25.4%.The increase in the rate of adult cat euthanasia following termination of the TNR program but after COVID- 19 restrictions were lifted is 21%over the pre-TNR termination/pre-COVID-19 restrictions rate.Again, the increase is statistically,significant. Comparing adult cat euthanasia rates pre TNR and post-TNR and pre- and post-COVID- . 19 restrictions, it appears both COVID-19 restrictions and the termination of the TNR program correlate to an increase in adult cat euthanasia rate at the shelter. Dog Euthanasia: . OCAC euthanizes animals for a variety of reasons, including but not limited to injuries beyond redemptive medical care, age,and behavior.When OCAC euthanizes a dog for medical reasons,the Chief Veterinarian or a staff veterinarian must approve the ''procedure, in the case of behavior-related euthanasia, approval is determined by a five- member Behavior Evaluation Committee. OCAC euthanizes dogs that are determined to have irredeemable behavioral issues, including displays of aggression toward people or other animals, bites, and severe kennel stress.The five members of the Behavior Evaluation Committee include staff members representing Field Operations,Animal Services Operations,the Community • Outreach team,the Chief Veterinarian, and a representative from senior management. While there are five staff members represented on the Behavior Evaluation Committee, only three participants are voting members.The Chief Veterinarian and the member from • senior management serve only as advisory members.A majority of the three voting members of the committee must approve a behavioral euthanasia--that is, at least two of the three voting members must approve. . _ . . . OCAC's Behavior Evaluation Committee evaluates dogs for euthanasia without written guidelines, policies,.or procedures, resulting in inconsistent outcomes over time. Behavior-evaluated euthanasia outcomes are dependent on the experience and . .. .. personal considerations of.the.individual committee members and management rather -: than written objective standards.The voting members of the Behavior Evaluation Committee may evaluate behavior based on their own observations and/or on the written reports of other staff members.The voting members are not required to directly observe a dog's._behavior,and in.some cases have not made direct observation,but they do have . access to video documentation of a dog's behavior.Voting members come to their own • conclusions based on their own understanding of dog behavior and rehabilitative potential. OCAC does not have a professional licensed, trained,or certified animal behaviorist on staff to oversee the dog enrichment programs, resulting In dogs with declining behavior being placed at greater risk of being euthanized.Voting members of the Behavior Evaluation Committee are not required to certify or participate in animal behavior education programs.•The Behavior Evaluation Committee meets once per week,and participation of the voting member from any one of the three voting departments may be ORANGE COUNTY GRAND JURY 2022 12023 PAGE 26 OF 61 328 Gimme Shelter and a Pound of Advice delegated to a lesser experienced staff member when the regular voting member is unavailable. The Grand Jury reviewed dog behavior-related euthanasia data and Asilomar outcomes from the fourth quarter of 2018 to the third quarter of 2022 to evaluate the nature of dog behavioral euthanasia at the shelter over time.The chart below shows quarterly dog behavior euthanasia at OCAC for the third quarter of 2018 through the third quarter of 2022. Euthanasia rates are represented as a percent of total dog Asitomar outcomes by quarter.Juvenile dogs are included in the review because the shelter's juvenile dog population is subject to behavioral euthanasia.The Grand Jury found that for the dogs euthanized for behavior during the period under review,7.4% of the dogs were no more than 6 months old and 14.2%were less than 1 year old.The Grand Jury was unable to . determine why dogs.less than one year in age would warrant behavioral euthanasia. Figure 3-Dog Euthanasia Rates (Behavioral) • All Dogs Euthantzed for Behavior as%of all All Dog ASILOMAR Outcomes 6% - • s% - • 4% - • • 3% - Average=1.19% 1% Average=3.41% o% • 04 • 01 Q2...Q3 Q4 Q1 J Q2 03 ; 04 Q1 ; 02 03 ; Q4 01 ! 02 Q3 • '2018 2019 2020 2021 2022 • Dog behavioral euthanasia rates increase at OC Animal Care between the second and • •• third quarters In 2021 Eigure.3.illustrates that dog behavior-related euthanasia rates increased at OCAC between the second and.third quarters of 2021.The average dog behavioral euthanasia rate prior to the end of the second quarter of 2021 was 1.19% of all dog Asilomar outcomes. Beginning in the third quarter of 2021 and through the third quarter of 2022, the average dog behavioral euthanasia rate increased to 3.41%of all dog Asilomar outcomes,an increase of 187%.The increase Is statistically significant. (See Appendix 2) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 26 OF 61 329 Gimme Shelter and a Pound of Advice Impediments to the Investigation The Grand Jury's function is to investigate the operation of the various officers, departments,and agencies of the local government. Article 1,Section 23 of the California Constitution states: "One or more grand juries shall be drawn and summoned at least once a year In each county." Provisions of the California Penal Code define the scope and limitations of a grand jury's authority: Penal Code Section 916: ...Rules of procedure shall include guidelines for that grand jury to ensure that all findings Included in its final reports are supported by documented evidence, including...official records, or interviews attended by no fewer than two grand jurors and that all problems Identified in a final report are accompanied by suggested means for their resolution,including financial, when applicable. Penal Code Section 921: The'grand jury is entitled to...the examination, without charge, of all public records within the county. Penal Code Section 925: The grand jury shall investigate and report on the operations,accounts, and records of the officers, departments,or functions of the county... The investigations maybe conducted on some selective basis each year... Penal Code Section 925(a): The grand jury may,at all times,request the advice of the court, or the judge thereof,the district attorney,the county counsel, or the Attorney General... As a department of Orange County government,the County Counsel's office provides legal counsel and services to the Orange County Board of Supervisors and all other Orange County departments and agencies, including the Grand Jury. -At the start of a Grand Jury's one-year term,County Counsel assigns an individual attorney Within its office to serve as the Grand Jury's primary attorney. Because the individual serving as the Grand Jury's counsel is also assigned to other departments or agencies within Orange County government,there is the potential for the Grand Jury's designated primary counsel to have a conflict of interest when the Grand Jury investigates a department or agency otherwise sewed by the primary attorney.To ensure continuity of legal service to the Grand Jury, the County Counsel's office also assigns a back-up attorney that provides service to the Grand Jury when the primary counsel is conflicted.The back-up attorney is selected so that at least the primary or ORANGE COUNTY GRAND JURY 20221 2023 PAGE 27 OF 61 330 Gimme Shelter and a Pound of Advice back-up would not have a disabling conflict--that is,one or the other would be available to serve the Grand Jury in any investigation not directly related to the County Counsel's office Itself. Back-up counsel advises the Grand Jury on those matters only when the primary attorney is conflicted. Early during its one-year term and early In its Investigation,the Grand Jury learned that its primary counsel had a conflict of Interest with its investigation of OCAC.The County Counsel's office explained,and the Grand Jury understood, that the services of the County Counsel's office would continue through the back-up attorney assigned for such circumstances. Initially,during the early stages of its OCAC investigation,the Grand Jury received the legal advice and assistance of the back-up attorney in the County Counsel's office. Later during its investigation of OCAC, the Grand Jury inquired into the shelter's prior TNR program and the program's termination in early 2020.The Grand Jury learned the program was terminated after a cease-and-desist demand to stop the program was received from a lone individual residing outside of Orange County.The Grand Jury was informed that the County Counsel's office, in response to a request by OCAC to review the cease-and-desist demand, issued an opinion to the Orange County Board of Supervisors and OCAC about the shelter's TNR program that evidently led to a direction to terminate the program. In the course of the Grand Jury's investigation, including interviews with OCAC and OCCR staff and leadership,the County Counsel's office and its opinion were repeatedly cited as being the source of the decision to stop the TNR program. .�:s!Y-.v-, _y;•- ,� :Y r_".`r.-sa: "'":Sa.e'�'a •r, :`�rs�._;� _"- z. Y - c-i:S= -s., ..-Wit..:. r-,g�. �''�-, .-4`+: - _ �.; 3}?�•t=ic.` =' 9z,r`��',+��_ .��' _ - ��. .tom'.5:� �- . � - :� ti::.>,. .:a�= - - C, '::�.�s- :�,<- �0:A±,,�;n, -`F=-- =•ice:: �:T•:Y+'�.c.:-a•:_ti'�-s �: :r�..~' _�.��. f�'.�"".= =- .:Q��l�riT ., - l•3. •:';••- SICI .. ..:..,.cc._f?X•r cy^n;'x_�F_:�.-i,�.=�,�-•�-�s.'��[�rT.�`+�.�:[r���s�T.,^!k'� �._.ae-.F�'�••1 i4t�Ff:.`^i-A•��.,,,.r;J Kr. W' _ ..�� '. � �.4 =�..�..,....�.'Y.l��-s.:_�.-:-:: «•i... v.;/;•,._y:c:�;,i.•. _"c•`..::...?:•.•°• = - " -_ �2�"Y � - •.tv �:�•� x.,..-a �vs".t."'•s°:.�t :�?,,ev=;:%_tam.,-:-vim_:__"__••a..._... The Grand Jury understands County Counsel's role is to provide advice and counsel to the Board of Supervisors, County departments, and various County agencies, but that it has no decision-making authority over any division of County governance, except regarding its own internal functions.While the Grand Jury was skeptical that the County Counsel's office actually made,or had the authority to make,the decision to terminate the TNR program, the Grand Jury nevertheless understood that the County Counsel's opinion was pivotal to the decision. Therefore,the Grand Jury requested a copy of the opinion to learn if there was a clear impediment to or prohibition on a possible renewal of the TNR program. The Grand-Jury requested a copy of the opinion from interviewees who were privy to the document or its contents. In addition, the Grand Jury asked the County Counsel's office for a copy of the opinion. In every instance,those requested told the Grand Jury the opinion is a privileged communication between the County Counsel's office and the Board of Supervisors and that only the Board of Supervisors has authority to release the document. Finally, the Grand Jury asked the Board of Supervisors,through its Chair, for ORANGE COUNTY GRAND JURY 20221 2023 PAGE 28 OF 51 331 Gimme Shelter and a Pound of Advice a copy of the opinion or alternatively for an Identification of the legal authority reviewed in studying the issue,and stated the confidentiality of the document would be maintained, whereupon the Board of Supervisors declined to consider or include the request in its meeting agenda.Unfortunately,and not through a lack of trying, the Grand Jury has been unable to review or assess the basis of the opinion. - • During the Grand Jury's interviews,when various levels of leadership within OCAC asserted that County Counsel made the decision to terminate the TNR program, the Grand Jury always expressed its skepticism and inquired as to how County Counsel, an advisor to the County and OCAC, and only an advisor, could be making policy decisions for OCAC?The Grand Jury inquired and pressed its Interviewees,asking if It was, in fact, a decision made at some level within OCAC's leadership, or by OCCR,or by the Board of Supervisors.When pressed,in every case,each Interviewee modified their explanation and affirmed the decision had been theirs or that they had taken part in the • decision,each taking personal responsibility for the decision. -- • - The Grand Jury was determined to obtain documentation of the decision as It continued • to press for a copy of the County Counsel's opinion,The Grand Jury then requested all internal OCAC communications documenting the decision and/or order to stop the TNR program.The Grand Jury requested departmental communications instructing staff to stand down from the TNR program,whether from the OCCR to OCAC, OCAC to animal shelter leadership, or animal shelter leadership to shelter staff. Departmental communications about the TNR program are policy and procedure communications.The Grand Jury assumed that departmental communications would • point to how and by whom the decision was made.The Grand Jury understands such communications are public records, not privileged communications.Nevertheless,the Grand Jury's request for documentation was denied by OCAC with the reason that such communications were privileged. ..1. Coincidental to the Grand Jury's efforts to obtain a copy of the County Counsel's opinion, at the end of 2022,the County Counsel's office detached itself altogether from all matters related.to the-Grand Jury's investigation of OCAC.The County Counsel's office informed the Superior Court•an'd the Grand Jury that its entire office was"conflicted"with . , . .. regard to.the Investigation into OCAC and would recuse itself from assisting the Grand Jury in its investigation into all matters related to OCAC.No back-up attorney was provided and all communications ceased. . . Of note,the Grand Jury's investigation was not an investigation of the County Counsel's office. Rather,the Grand Jury was investigating an Orange County agency, a client of . the County Counsel;lust as every Grand Jury investigation into County agencies . ' .;.. . . .. represents an investigation into clients of the County Counsel.When the County Counsel's office recused itself from the Grand Jury's OCAC Investigation, it did not explain or cite any specific aspect of the OCAC investigation that makes it exceptional - - • from-any otherof•the-ongoing Grand Jury investigations into County departments or agencies. Without the services of the County Counsel's office,the Grand Jury suffered a setback in its investigation of OCAC.The pace of the investigation slowed as time and resources • ORANGE COUNTY GRAND JURY 2022 i 2023 PAGE 29 OF 51 . 332 • Gimme Shelter and a Pound of Advice were directed toward arranging for alternative outside counsel at the recommendation and with the support of the Superior Court.After losing approximately six weeks,the Grand Jury was able to engage alternative outside counsel in early February of 2023. As of the publication of this report, the Grand Jury was not able to confirm the logic, reasoning,or basis of the County Counsel's opinion,or even whether in fact the County - -- • Counsel advised against the continuance of the TNR program. Moreover, the Grand Jury cannot confirm whether,or who,or at what level of authority, within the County government the decision to end TNR emanated.As a consequence,the Grand Jury - . cannot verify that any such decision was ever actually made,or communicated at any level of authority, by anyone within Orange County's governing hierarchy and, more importantly,why any such decision was made.The only fact the Grand Jury can confirm . . _.. . wlth..any.confidenceis that the TNR program was terminated in or about early 2020. CONCLUSION OCAC has been a source of public concern since the 1990s,with five previous Orange County Grand Jury reports and an!Orange County Performance Audit detailing troubling conditions at the OCAC shelter.This Grand Jury report shines a light on deficiencies at the shelter still needing resolution.The Grand Jury believes that if the recommendations included in this report are implemented: • Internal and external communications at OCAC will improve. •. The reallocation of staffing positions within the organization, Increasing the number of Animal Care Attendant positions and employing an animal behaviorist or trainer,will improve general animal welfare at the shelter. • improvements in the timely filling of staff vacancies will enhance shelter • • operations and overall staff morale. •• The adoption process will be more public-friendly, leading to more adoptions. • • -.The behavioral euthanasia decision process will be standardized,articulated, and ' ' • • • •documented,.leading to consistent behavioral euthanasia outcomes. . :_ _ . • .The shelter's Policies and Procedures will be correct and up to date. • OCAC.and Orange County rescue organizations and animal advocates can work _ . toward mending their relations for the welfare of the animals. • The shelter's'TNR program will be re-evaluated,reconsidered and reinstated. • Thesheiter's volunteers will be more integrated into the shelter's personnel team • and communications. •_._ ••• ' The Grand:Jury conducted many interviews with shelter personnel.The Grand Jury is • • very Impressed with their sense of dedication and earnest concern for the welfare of . shelter animals. ORANGE COUNTY GRAND JURY 2022 t 2023 ' PAGE 30 OF 51 333 Gimme Shelter and a Pound of Advice FINDINGS In accordance with California Penal Code Sections 933 and 933.05,the 2022-2023 Grand Jury requires(or, as noted, requests)Responses from each agency affected by the Findings presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its Investigation titled,"Gimme Shelter and a Pound of Advice,The State of Animal Welfare Overseen,by the County of Orange,"the 2022-2023 Grand Jury has arrived at seventeen Findings, as follows: Management: Fl• Management has limited flexibility utilizing personnel within Orange County Animal Care across departments due to structured work rules,volunteer work restrictions, and employees working in departmental silos. F2 Low staff morale exists within Orange County Animal Care. F3 Orange County Animal Care staffing is negatively impacted by vacant positions remaining unfilled for greater than six months due to burdensome hiring • processes:This delay in recruitment and completion of hiring has resulted in qualified candidates declining job offers. F4 Based upon industry standards and best practices, Orange County Animal Care kennel attendants are understaffed to meet the needs of animals under care. . F5 Orange County Animal Care's operating policies and procedures manual is out of date. F6 The Orange County Animal Care Volunteer program was stopped during COVIDA9"and restarting the program has been slow, resulting in decreased animal socialization and enrichment. Animal Welfare F7 • Orange-County Animal Care's Behavior Evaluation Committee evaluates dogs for euthanasia without'written guidelines, policies, or procedures, resulting in lncdnsistent outcomes over time. Behavior evaluated euthanasia outcomes are dependent on the-experience and personal considerations of the individual committee members and management rather than written objective standards. F8 The rate'of behavioral euthanasia of dogs has increased significantly over the last 2 years. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 31 OF 61 • 334 Gimme Shelter and a Pound of Advice F9 Orange County Animal Care does not employ a professional or trained and certified animal behaviorist to oversee the shelter's dog enrichment program, resulting in dogs with declining behavior being placed at greater risk of being euthanized. F10 . While many county and city animal shelters throughout the state have active Trap, Neuter, and Return programs, Orange County Animal Care stopped its Trap, Neuter, and Return program,reportedly on the basis of the County Counsel's legal opinion that the program violates a California statute related to willful animal abandonment. F11 The termination of the Trap, Neuter, and Return program is correlated with an increase in adult cat euthanasia rate at the shelter. • F12 There have been public concerns and requests expressed over the years for public programs to include a spay/neuter program by Orange County Animal Care. Communication I Outreach • F13 The current adoption appointment system restricts public access to the dog kennels, thereby limiting potential adopters' access to all available animals. F14 Orange County Animal Care's engagement with some animal rescue partners is negatively Jmpacted due to differences of opinion in appropriate animal care policy. F15 Internal and community engagement does not adequately communicate the shelter's mission and operating strategy. F16• The information currently on the Orange County Animal Care website for low- • ' cost spaylneuter is not up to date with regard to referrals and prices for spay/neuter procedures. . Impediments to the investigation F17 The OC County Counsel's office misstated to the Grand Jury the scope of its coinniitment to.serving and assisting the Grand Jury in its investigations into _ County governance respecting managing conflicts between the Board of __ Supervisors,OC departments and agency clients, and the Grand Jury. ORANGE COUNTY GRAND JURY 20221 2023 PAGE 32 OF 51 • 335 Gimme Shelter and a Pound of Advice RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05,the 2022-2023 Grand Jury requires(or, as noted, requests) responses from each agency affected by the Recommendations presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled "Gimme Shelter and a Pound of Advice, The State of Animal Welfare Overseen by the County of Orange," the 2022-2023 Grand Jury makes the following seventeen recommendations: • • Management: RI By October 1, 2023, OC Human Resource Services should review and update recruitment strategies to significantly increase the timeliness of recruitment of vacant positions and to anticipate vacancies due to retirement, resignations, transfers. (F3) R2 By December 31, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should review hiring practices to facilitate process improvements to expedite filling OCAC vacancies. (F3) R3 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of Animal Care Attendants to reflect NACA guidelines and to provide appropriate staffing allocations for animal care, feeding and enrichment. (F3, F4) R4 By October 1, 2023, OC Community Resources and Orange County Animal Care should review their current staffing allocations of all positions within the OCAC and reallocate resources to increase Animal Care Attendants to reflect NACA guidelines to provide appropriate staffing for animal care,feeding, and enrichment. (F3, F4) R5 By December 31, 2023, Orange County Animal Care management should review and update policies, procedures,guidelines,and practices to assure they are accurate and reflect current operating practices. (F5) R6 Animal 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. (F1 thru F16) Welfare R7 By October 1, 2023, Orange County Animal Care management should establish written guidelines, policies, and procedures as standards for evaluating animal behavior for use by the Behavior Evaluation Committee. (F5, F7) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 33 OF 51 336 Gimme Shelter and a Pound of Advice R8 By December 31, 2023, in the interests of transparency, Orange County Animal Care management should add a representative from a rescue organization to serve as a non-voting, at-large member on the Behavior Evaluation Committee. (F7, F14) R9 _ .. By December 31, 2023,Orange County Animal Care, OC Community Resources,and OC Human Resource Services should hire an animal behaviorist or certified dog trainers to work with aggressive animals to reduce the high rate of dogs being euthanized and enhance their adoptability. (F8, F9) R10 By December 31, 2023, the Orange County Board of Supervisors and Orange County Animal Care management should request that County Counsel reconsider its opinion about the shelter's former Trap, Neuter, and Return program, or seek an independent second opinion to County Counsel's opinion, to ascertain whether the program can be re-established, or a modified version of the program can be implemented. (F10, F11) R11 By July 1,2024, Orange County Animal Care should implement a low-cost public spay/neuter program. (F12) Communication I Outreach R12 By October 1,2023, Orange County Animal Care management should hold all- hands staff meetings at least every quarter.(F1, F2) R13 By October 1, 2023, Orange County Animal Care, OC Community Resources, and OC Human Resource Services should conduct annual surveys of staff to monitor morale and identify opportunities for operational improvement. (F1, F2) R14 By December 31,2023, Orange County Animal Care management should open . the shelter to the public for walk throughs to maximize opportunities for the • . ° public to adopt animals under the care of the shelter. (F13) • R15 By October 1,2023,Orange County Animal Care management should look for new ways to be more inclusive and engaged with volunteers and the rescue • -J • • - organizations that are necessary for the shelter's success. (F14, F15) - -• RIB - --By October 1,2023,Orange County Animal Care should schedule quarterly meetings with community stakeholders to facilitate transparency and engagement. (F14, F15) • • R17- -•-By October 1,2023, Orange County Animal Care management should update the information currently on its website for low-cost spay/neuter of feral cats with regard to referrals and prices for spay/neuter procedures.(F16) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 34 OF 61 337 Gimme Shelter and a Pound of Advice Impediments to the Investigation R18 Beginning with the 2023/2024 Grand Jury training,and all training thereafter, County Counsel should provide detailed instruction about the circumstances under which the County Counsel's office might recuse itself from assisting with Grand Jury investigations and the alternatives available to the Grand Jury under such circumstances. (F17) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 35 OF 61 338 Gimme Shelter and a Pound of Advice REQUIRED RESPONSES California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed,and about which it has issued a final report,to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court).Additionally,in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official(e.g., District Attorney, Sheriff,etc.),such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official's control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a)As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1)The respondent agrees with the finding. (2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include • an explanation of the reasons therefor. (b)As.to each Grand Jury recommendation, the.responding person or entity shall report one of the following actions: • • -(1)The recommendation has been implemented,with a summary regarding the implemented action. (2)The recommendation has not yet been Implemented, but will be implemented • - -. in the future,with a time frame for implementation. (3)The recommendation requires further analysis,with an explanation and the scope and parameters of an analysis or study,and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable.This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4)The recommendation will not be implemented because it is not warranted or is • not reasonable,with an explanation therefor. (c)If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer,both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those ORANGE COUNTY GRAND JURY 202212023 PAGE 36 OF 61 339 Gimme Shelter and a Pound of Advice budgetary/or personnel matters over which it has.some decision making authority.The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required and requested from: Findings- 90-day Response Required Orange County Board of Fl, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12, Supervisors: F13, F14, F15, F16, F17 City of Anaheim: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Brea: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Cypress: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Fountain Valley: F4, F6, F7, F8, F9,F10, F11,F12, F13, F15, F16 City of Fullerton: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Huntington Beach: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 • City of Lake Forest: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Orange: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City of Placentia: F4, F6, F7, F8, F9, F10,F11, F12, F13, F15, F16 City of San Juan Capistrano: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 City.of Santa Ana: F4, F6,F7, F8, F9, F10, F11, F12, F13, F15, F16 - - City of Tustin: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 . . . City of Villa Park: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15, F16 • City of Yorba Linda: F4, F6, F7, F8, F9, F10, F11, F12, F13, F15,F16 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 37 OF 51 340 Gimme Shelter and a Pound of Advice Recommendations—90-day Response Required Orange County Board of R1, R2, R3, R4, RS, R6, R7, R8,R9, R10, R11, R12, Supervisors: R13, R14, R15, R16,R17, R18 City of Anaheim: R6 • City of Brea: R6 City of Cypress: R6 City of Fountain Valley: R6 City of Fullerton: R6 City of Huntington Beach: R6 City of Lake Forest: R6 City of Orange: R6 City of Placentia: R6 City of San Juan Capistrano: R6 City of Santa Ana: R6 City of Tustin: R6 City of Villa Park: R6 • City of Yorba Linda: R6 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 38 OF 81 341 Gimme Shelter and a Pound of Advice REQUESTED RESPONSES Findings- 90-Day Response Requested Orange County Animal Care: Fl, F2, F3, F4, F5, F6,F7, F8, F9, F10, F11,F12, F13, F14, F16, F16 OC Human Resources Fl, F2, F3, F4, F9 Services: Orange County County F10, F11, F17 Counsel: Recommendations - 90MDay Response Requested Orange County Animal Care: R2, R3, R4,R5, R6, R7, R8, R9, R10, R11, R12, R13, R14, R15, R16, R17 OC Human Resources R1, R2, R9, R13 Services: Orange County County R10, R18 Counsel: ORANGE COUNTY GRAND JURY 2022 12023 PAGE 39 OF 51 . 342 Gimme Shelter and a Pound of Advice REFERENCES • American Bar Association,Tort,Trial,and Insurance Practice Section."Report to the House of Delegates Resolution 1028."2017.Accessed September 30,2022.American-Bar- Association-TNVR-report.ndf(maddiesfund.org) American Society for the Prevention of Cruelty to Animals,"Asilomar Accords:Definitions." 2004.Accessed January 28,.2023,Asilomar Accords:Definitions I ASPCA Association of Shelter Veterinarians"Shelter Terminology."2017.Accessed March 25,2023, Microsoft Word-Shelter Terminology(sheltervet.org) City of-Garden Grove,"Ordinance NO.2911".2019.Accessed January 28,2023. 11-26- 19 cc Ordinance Amending Animal and Fire Dent Related Repulations.ndf - City of West Hollywood."An.Ordinance of the City of West Hollywood Establishing a Trap- Neuter-Return Program for Community Cats;Amending the Language of the Municipal Code to Reflect a Change in Nomenclature From"Feral Cats"to Community Cats";Updating Section 9.48;080 To Reflect the Current Code Provision Regarding Animal Noise and Determination that the Project is Exempt From CEQA."November 4,2019. "California Population."Accessed March 22,2023.Orange County.California Population 2023 (worldpopuia ionreview.com) • -• Human-Animal Support Services."Animal Shelter Speak:Understanding Common Animal Services Jargon.2023.Accessed March 25,2023.Animal Shelter Speak;Understanding Common Animal Services Jargon-HASS(humananimalsupparttervices.org) • • Newbury,Sandra-et al."Guidelines for Standards of Care in Animal Shelters.The Association of Shelter Veterinarians.201,0.shelter-standards-oct2011-wforward.pdf(sheltervet.org). . North Shore Animal League."Did you Know?"2011.Accessed February 24,2023 cats- • multiply-pyramid.pdf(animalleague.org) Orange County AnimatCare"Strategic Plan-2018"accessed January 28,2023. ocac 2018 strategic plan.pdf(stayinalivelongbeach.orgl • Orange County.•Oflice of Performance Audit,"Performance Audit of Orange County Animal Care."Final Report(#141505).Orange County California,2015.Microsoft Word-Animal • Care Report(ocgov.com Orange County Grand Jury 2014-2015."If Animals Could Talk About the Orange County Animal Shelter."2015.Accessed January 28,2023, Shelter Performance V8R2 web.pdf (ocgrandjury.org) Orange County Grand Jury 2014-2015."The Orange County Animal Shelter:the Facility,the Function,the Future."2015.Accessed January 28,2023.OC animal shelter.pdf (ocgrandjury.org). ORANGE COUNTY GRAND JURY 20221 2023 PAGE 40 OF 84 343 Gimme Shelter and a Pound of Advice Orange County Grand Jury 2007-2008,"Is Orange County Going to the Dogs".2008.Accessed January 28,2023.2023,IS ORANGE COUNTY GOJNG TO THE DOGS(ocgrandjury.ore) Orange County Grand Jury 2003-2004."The Orange County Animal Shelter,Are Improvements Needed?"2004, Accessed January 28,2023.Microsoft Word- AjiimalShelterReport draft 12a4Qc(ocgrandjury,grg). • Orange County Grand jury 1999-2000."We Can do Better...Improving Animal Care in Orange County."2000.Accessed January 28,2023.FINAL.,PDF (ocgrandiurv.ora) ORANGE COUNTY GRAND JURY 202212023 PAGE 41 OF 51 344 Gimme Shelter and a Pound of Advice APPENDIX '1 • Table -I -Adult Cat Euthanasia and TNR Rates by Quarter . Adult Cats Euthanized as a%of Mutt Cat • Adult Cat TNR . Asilotnar Outcomes net Outcomes as%of adult • of TNR Outcomes Cat Asilomar Outcomes 2018 Q3 23.17% 40% Q4 17.27% 36°/4 2019 Q1 17.42% 41 Q2 26.81% 49% Q3 24.95% 47% • ' Q4 18.77% 3.10/0 ' 2020 01 18.08% 37% , Q2 42.65% 5% Q3 41.67% 4% 04 25.50% 1% ' 2021 Q1 27.50% 0% - Q2 27.31% 0% Q3 25,86% 0% Q4 23,21% 0% 2022 01 21.93% 0% 02 30.12% 0% Q3 24.73% 0% 04 26.26% 0% - . - Table 2-Adult Cat Euthanasia Sample T-Test • r : Adult.Cats Euthanized as a.%°of Non.:TNRAsltomar Outcomes -. .Q3 2018 thru Q9.2020 vs. Q2$201hru:Q4 2022 . ., - '(T.NR•period-vs.No TNI?period)-' - �. t Test: Two-Sample Assuming Unequal Variances • Q3 2018 to Q7 Q2 2020 to End - 2020 of Year 2022 Mean .. 20.9%0 28.8%..• _ • Variance .' •. 0.001571145 0.004841058 Observations 7 11 . Hypothesized Mean Difference 0 df 16 -- t'Stat -3.0532928 P(T<=t)one-tail 0.003793173 t Critical one-tall 1.745883676 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 42 OF 61 345 Gimme Shelter and a Pound of Advice APPENDIX 2 Table 3.-Dog Behavioral Euthanasia Rates by Quarter • - • - • ' - All Dogs Euthanized for Behavior - as%of all Adult DO ASILOMAR Outcomes Dogs All Dog • Euthanized Asilomar % Dogs for Behavior Outcomes Euthanized 2018 Q4 8 1356 0.59% _ 2019 Q1 21 1385 1.52% Q2 15 1384 1.08% Q3 15 1522 0.99% '• Q4 16 1312 1.22% 2020 Q1 13 1146 1.13% ' Q2 7 701 1.00% Q3 13 817 1.59% Q4 13 791 1.64% 2021 Q1 8 746 1.07% Q2 10 824 1.21% ' 03 18 868 2.07% Q4 49 882 5.56% 2022 Q1 27 956 2.82% Q2 44 962 4.57% Q3 23 1143 2.01% Table 4-Dog Behavioral Euthanasia Rates 2 Sample T-Test '.'` Aft;Dogs Euthanized for i3eii vla4 as a%OAR Dag . _.:.=ASlLOMAR'.Outcomes'Q4.2018'=to Q2.2t121,vs Q3 2021 to Q32022 ' t-Test:Two-Sample Assuming Unequal Variances Q4 2018 to Q2 Q3 2021 to Q3 2021 2022 --Mean .. 1.19°%._. ' . .3.41.%. . • Variance 9.40995E-06 0.000251008 Observations 11 5 Hypothesized Mean Difference 0 df 4 . .- • t Stat -3.109244662 • • P(T<=t)one-tall 0.017940066 t Critical one-tail 2.131846786 ORANGE COUNTY GRAND JURY 20221 2023 PAGE 43 OF Si 346 Gimme Shelter and a Pound of Advice APPENDIX 3 Orange County Grand Jury Animal Shelter Contract City Survey 1. How long has your city been serviced by the Orange County Animal Shelter? ' a. What factors motivated the city to contract with the Orange County Animal Shelter? 2. What Service's have you contracted for the Orange County Animal Shelter? (Le.,Shelter;Animal Control, Licensing,other) 3. What Animal control and care services does the city continue to reserve for itself or contract out to other agencies or vendors not with the Orange County Animal Shelter? (i.e.,Control, Licensing,other) 4. How often is the city contract with the Orange County Animal Shelter reviewed and renewed? • 5. Describe any regularly scheduled processes the city has in place to review the quality of • service provided by the Orange County Animal Shelter. a.• Describe the measure or metrics the city uses when evaluating the Animal Shelter.Please provide a copy of the last review of the Animal Shelter conducted by the city. b. Describe any review of the Orange County Animal Shelter and the services It provides as part of Shelter contract review and renewal? c. Who conducts Animal Shelter reviews for the city, d. Are Animal Shelter reviews presented to the city council for their consideration? 6. Does your City have an appointed member of city staff to serve as liaison between the city and OC Animal Shelter management? a. How frequently does your city meet with the OC Animal Shelter management? 7. As it relates to the sheltering and adoption services provided by the Orange County Animal Shelter(if any)describe your level of satisfaction or any concerns with the service and support. • S. As it relates to Animal Control services being provided(if any)describe your level of satisfaction or any concerns with the service and support. • 9 As it relates to•Liaensing fees and processing(if any)describe your level of satisfaction or any concerns with the service and support. 10.How reasonable are the County fees for providing this service? • • 11.Have members of you community voiced any concern with Orange County Animal Shelter policies or practices. • '• a. Please provide the Grand Jury with the any of the city's complaint logs or records pertaining to the Orange County Animal Shelter. .12.Are.there any Improvements in the service OC Animal Shelter provides or in the City's relationship with the Shelter you would like to see? ORANGE COUNTY GRAND JURY 2022 12023 PAGE 44 OF 61 347 - Gimme Shelter and a Pound of Advice APPENDIX 4 Orange County Grand-Jury independent City Shelter Survey 1. How is the shelter organized and management governance accomplished at your Center? 2. How many cats, dogs and other animals can you shelter? 3. What services do you provide your local community? 4. How many total staff and volunteers are working or engaged with the shelter? 5. How many volunteers do you require on a daily or weekly basis? a. Do you have adequate volunteers? • 6. Do you promote spay/neuter services to the members of your community? • • • a. If yes,is there a cost to the individual? • 7. From your perspective what are the challenges faced by your Center? 8. Does your center practice TNR(Trap Neuter Return)? a. if no,was it ever in place and then discontinued-why? b. If yes, how effective Is the program? 9. Does your center accept healthy cats and put them up for adoption? • . . a. If yes,please describe the process. • 10.What are the parameters that guide euthanasia at your shelter? 11.Do you have an animal behaviorist on staff?If no,why not? 12.Do you have any interaction with the Orange County Animal Shelter? a. if yes, please describe. b. If no,why? 13.How is adoption handled in your center?(Adoption by appointment system,open visits, other)? 14.Do your adoption totals Include totals transferred to rescues or does it apply only to private parties? 15.Please provide statistics(attachment)for your center(Intake, adopted,transferred to - - shelter,euthanized,etc. by animal type for the current and past 3 years). 16.How does your center respond to complaints from the community and animal activists? • 17.If tracked, please provide statistics on complaints you received. 18.Please provide intake statistics(by Cats and Dogs)for the current and 3 past years: • a. Strays b. Relinquished by owner c. Owner Intended Euthanasia d. Other intakes . . 19..Please provide'live outcomes statistics(by Cats and Dogs)for the current and 3 past years: 20.Adoptions • a. Return to Owner b. Transferred to another agency c. Returned to Field 21.Please provide other outcomes statistics(by Cats and Dogs)for the current and 3 past years: a. Died in Care b. Shelter Euthanasia ORANGE COUNTY GRANO JURY 2022 12023 PAGE 45 OF 51 348 Gimme Shelter and a Pound of Advice APPENDIX 5 OCAC 4th Quarter 2022 Asiiomar Report Shelter Anima Is Count -., `' A'ational Shelter Statistics Project Data Matrix � f t c:: ocAnimelCaso October,nevean6eraoaz : _ .Y fb" :f::� - IeS`}ups . . fi'i =3'.` •,:�:=t4rrc4• 'ik•:. `'�'= rt. ':ni$stii�?,•s•'tieiz-t.R`rAv�r:ur,.?�... ..... :.. ,..,.. . >..:.1) Stray/At Lugo r':7 109 236 635 • • • : =Retlag1b1tedl+yOwner 135 4 22 48 2W ,�^,-,=i �.fp'.•.Owner Intended Eotltanosla"' 0' 0 0 0 0 pi•:. t:;'�;y-,'1'`..'CraniforeJ In(two Agosty ;0 0 0 0 0 0Ow1otakenlinrludteCold:Matotarultlostrutn _ • 'r"' - ',Nos or outIylnvttiIIationsan)01sp1rerefat5d _"'` `3 .;I :Impounds) ` 123 10 31 A 171 >:. _ ">- - - - - tl�>`'' -.�i=•f2i-= 'tit �• - nil��t�=i_l.� .r- �.=`�:C :°`s.._ --o=IR7/1� -L�`1�A126.�0.f�.t�;�t�. _�'J.`.�:aR.�d.. ���-...stza-��,?.�.`_-.�.... _ r_...1z21:?_. IN Ystis :f1. 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"1'aoof fonldaScufantp In+pearin9 We gv.kyor yfnsahr beharkai preventing a riot to public so fey are wogva16y owners t<gott en,dab seerue. . 1, OC Animal Cate 8 - IBIOVkterymad.1 uitlnCA 92782 yotx,D'stilnra.sopt ORANGE COUNTY GRAND JURY 2022 12023 PAGE 46 OF 51 349 Gimme Shelter and a Pound of Advice ABBREVIATIONS: ABA: American Bar Association ASPCA: The American Society for the Prevention of Cruelty to Animals ASV:Association of Shelter Veterinarians CDPH: California Department of Public Health HASS: Human Animal Support Services HSUS: Human Society of the United States OCAC: Orange County Animal Care OCCR: OC Community Resources OCGJ: Orange County Grand Jury OCHRS: OC Human Resource Services • NACA: National Animal Control Association NGA: Non-government Organization TNR:Trap, Neuter, Return ORANGE COUNTY GRAND JURY 2022 12023 PAGE 47 OF 51 350 Gimme Shelter and a Pound of Advice GLOSSARY: Adoption Barriers Policies or procedures that make adoption,fostering,or volunteering a challenge. Asilomar Asilomar refers to an animal welfare industry conference held at Asilomar in Pacific Grove, California. Statistical guidelines developed from this meeting became known as the Asilomar Accords. Participating shelters compile their own data into'Asilomar' - reports, publish their data; and forward their reports to Humane Rescue Alliance which compiles nationwide animal welfare statistics. Behavior Dogs Dogs identified as having challenging behaviors. Capacity for Care Capacity for Care is an organization's ability to appropriately care for the animals it serves.This is based on.a range of parameters including,but not limited to,the number of appropriate housing units; staffing for programs or services;staff training;average length of stay;and the total number of reclaims, adoptions,transfers, returns, or other outcomes. Community Cat An unowned cat can be social with people or not.A"Community Cat" is an umbrella definition that includes any outdoor, free roaming cat.These cats may be"Feral"fun- socialized)or friendly or may have been born into the wild. Usually, a Community Cat is a friendly cat. • Feral Cats Feral cats are not-socialized to, and are extremely fearful of, contact with people. • .- Typically,they do:not respond well in captivity.A feral cat is typically born in the wild or outdoors:with-little to no human interaction. If you attempt to get too close or try to pet them,feral cats view your hand as a claw that will harm them and will hiss and/or run away. Feral cats are born from other ferals or from stray cats. Kill/No Kill Kill/No Kill refers.to a sheiter's policy respecting euthanasia.A no kill shelter will not conduct euthanasia,with exceptions for humane reasons. Practices of no kill shelters vary aiong.a spectrum that reject the use of euthanasia as a primary means of population control and health management.A kill shelter will conduct euthanasia for a variety of reasons that include animal control,medical and population control, and ORANGE COUNTY GRAND JURY 2022 12023 PAGE 48 OP 51 351 Gimme Shelter and a Pound of Advice behavior. Many municipal shelters are"kill"shelters as their mandates often include animal control. Kitten Season A busy time in the animal shelter world when feral and community cats have kittens. The season occurs during warm weather months.Also referred to as cat breeding season. Typically kitten season is March-October but varies from place to place and in some areas is year-round. Legal Retention The number of days a shelter is required by law to hold an animal for recovery by owner prior to placing the animal for adoption,for sale, or euthanizing. Live Outcome Types Adoption:an animal is adopted Return-to-Owner an animal is returned to the custody of their human/s. . . Transferred-Out: an animal is transferred to the custody of another organization. Trap Neuter Return: an animal is returned to their habitat or community after being treated for medical conditions, including spay/neuter. Return to Field: putting an animal back where it was found,often as part of a TNR program. Live Release Rate(Asilomar Report) Live Release Rate is the proportion of animals leaving the shelter alive to the total number of animals leaving alive plus the number of shelter directed euthanized animals. .Live oeitcomes..are.usually:achieved through adoption, reclaim by owner, transfer to another agency or other life-saving actions Other Outcome Types • Died in Care: any animal who-died while in the custody of the shelter, not by euthanasia. -• • Euthanized/Killed:any animal whose life was ended purposefully while in custody of the organization. Rescue Groups Rescue Groups are often operated by a network of foster home-based volunteers that mayor may not be associated with a standing facility. These organizations often accept difficult-to-adopt animals from other shelters and may transfer them or facilitate adoptions outside of the shelter setting. ORANGE COUNTY GRAND JURY 202212023 PAGE 49 OF 51 352 Gimme Shelter and a Pound of Advice a Return to the Field An animal who has been returned to its home or habitat.Also referred to as relocate, return to community, or return to wild. Save Rate(Asilomar Report) Save Rate is'the proportion'of animals leaving the shelter alive to the total number of animal outcomes. Shelter Types . Municipal: an organization that provides the animal care services of a city, county, or cities or counties. Municipal Contract: A private organization that provides contracted services for the animal care of a city, county,or cities or counties. Rescue without a Municipal.Contract:a private organization that has no affiliation to the city or county animal services. Foster based Rescue without Shelter:an organization who houses all animals in its custody in foster homes. Sanctuary:An organization that offers animals a place to live out the remainder of their . .life. Sometimes sanctuaries offer the option of adoption placement. Animal welfare sanctuaries often offer this space for animals that have exhausted all other local resources,as an alternative to death. Stray Hold ... The number of days a shelter must hold a stray animal before determining the outcome, • as determined by local ordinances.These vary from place to place. TNR(Trap-Neuter-Return) TNR(Trap-Neuter-Return) refers to an approach for managing community cats that Is an :- � _ alternative'to shelter.impoundment. In appropriately managed TNR programs, cats are humanely trapped and surgically sterilized, vaccinated,ear tipped, and returned to the location from where they were trapped. . • .:. • - • •-•TNR•cats•are often not taken into the custody of a spaying/neutering organization because they generally have established community colonies to which they are quickly returned. Community cat colonies are often under the care of a local human member of a community. Treatable Treatable means dogs and cats with medical or behavioral issues that can be rehabilitated and managed. ORANGE COUNTY GRAND JURY 2022!2023 PAGE S0 OF 51 353 Gimme Shelter and a Pound of Advice a Unhealthy and Untreatable Unhealthy and untreatable means dogs and cats who, at or subsequent to the time they are taken into possession: 1. have a behavioral or temperamental characteristic that poses a health or safety risk or otherwise makes the animal unsuitable for placement as a pet,and are not likely to become healthy or treatable; or • 2. are-suffering from a disease, Injury,or congenital or hereditary condition that adversely affects the animal's health or Is likely to adversely affect the animal's health in the future, and are not likely to become healthy or treatable; or 3. are under the age of eight weeks and are not likely to become healthy or treatable, even if provided the care typically provided to pets by reasonable and caring pet guardians in the community. DISCLAIMER 'Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 61 OF 61 354 355 California Penal Code Sections§933 and 4933.05 (Note:To reduce grand jury requests for additional response information,the grand Jury has bolded those words in§933.05 which should be appropriately included in a response.) 933. (a) Each grand jury shall submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Final reports on any appropriate subject may be submitted to the presiding judge of the superior court at any time during the term of service of a grand jury.A final report may be submitted for comment to responsible officers,agencies,or departments, including the county board of supervisors,when applicable,upon finding of the presiding judge that the report Is in compliance with this title.For 45 days after the end of the term,the foreperson and his or her designees shall,upon reasonable notice,be available to clarify the recommendations of the report. (b) One copy of each final report,together with the responses thereto,found to be in compliance with this title shall be placed on file with the clerk of the court and remain on file in the office of the clerk.The clerk shall immediately forward a true copy of the report and the responses to the State Archivist who shall retain that report and all responses in perpetuity. (c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority,the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body,and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court,with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls.In any city and county,the mayor shall also comment on the findings and recommendations.All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury.A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk,or the mayor when applicable,and shall remain on file in those offices.One copy shall be placed on file with the applicable grand jury final report by,and in the control of the currently impaneled grand jury,where it shall be maintained for a minimum of five years. (d) As used in this section"agency" includes a department. 933.05. (a) For purposes of subdivision(b)of Section 933,as to each grand jury finding,the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding,in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision(b)of Section 933,as to each grand jury recommendation,the responding person or entity shall report one of the following actions: (I) The recommendation has been implemented,with a summary regarding the implemented action. (2) The recommendation has not yet been implemented,but will be implemented in the future,with a timeframe for implementation. (3) The recommendation requires further analysis,with an explanation and the scope and parameters of an analysis or study,and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed,including the governing body of the public agency when applicable.This timeframe shall not exceed six months ftom the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable,with an explanation therefor. (c) However,If a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer,both the agency or department head and the board of supervisors shall respond If requested by the grand jury,but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision making authority.The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation,the grand jury shall meet with the subject of that investigation regarding the Investigation, unless the court,either on its own determination or upon request of the foreperson of the grand jury,determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge.No officer,agency, department,or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. 356 Appendix 3: , Orange County Grand Jury Animal Shelter Contact City Survey 1. How long has your city been serviced by the Orange County Animal Shelter? The City of Huntington Beach has been in contract with the Orange County Animal Shelter since 1995. Please see attached service contract. a. What factors motivated the city to contract with the Orange County Animal Shelter? OCAC provides a wide variety of services needed for the citizens of Huntington Beach. Please see service contract attached outlining these services. 2. What services have you contracted for the Orange County Animal Shelter? (i.e., Shelter, Animal Control, Licensing, other) We contract for Animal Control, Licensing, Shelter, Impound, and Barking Dog Complaints. Please see attached service contract outlining these services. 3. What animal control and care services does the city continue to reserve for itself or contract out to other agencies or vendors not with the Orange County Animal Shelter? (i.e., Control, Licensing, other) Coyote Management Services. 4. How often is the city contract with the Orange County Animal Shelter reviewed and renewed? The current contract term is 10-years and expires in May 2026. The contract is reviewed annually. 5. Describe any regularly scheduled processes the city has in place to review the quality of service provided by the Orange County Animal Shelter. There are occasional site visits, but none of which are regularly scheduled. The City relies on periodic reports provided by the agency. a. Describe the measure or metrics the city uses when evaluating the Animal Shelter. Please provide a copy of the last review of the Animal Shelter conducted by the city. Reviews specific to the Animal Shelter have not been conducted. b. Describe any reviews of the Orange County Animal Shelter and the services it provides as part of the Shelter contract review and renewal. Reviews specific to the Animal Shelter have not been conducted. c. Who conducts Animal Shelter reviews for the city? Although the Huntington Beach Police Department would be the designated reviewer, no reviews specific to the Animal Shelter have been conducted. d. Are Animal Shelter reviews presented to the City Council for their consideration? Reviews specific to the Animal Shelter have not been conducted. 357 6. Does your City have an appointed member of city staff to serve as liaison between the City and OCAC management? A Captain of the Huntington Beach Police Department serves as the liaison between the City and OCAC. a. How frequently does your city meet with OCAC management? OCAC hosts monthly meetings, or as needed. 7. As it relates to the sheltering and adoption services provided by the OCAC (if any) describe your level of satisfaction or any concerns with the service and support. The City of Huntington Beach has no sheltering concerns and does not have experience with the adoption services provided by OCAC. 8. As it relates to Animal Control services being provided (if any) describe your level of satisfaction or any concerns with the service and support. The City of Huntington Beach is generally satisfied with the contracted services provided by OCAC. 9. As it relates to Licensing fees and processing (if any) describe your level of satisfaction or any concerns with the service and support. The City of Huntington Beach is generally satisfied with the licensing fees and processing services provided by OCAC. 10. How reasonable are the County fees for providing this service? The fees for services seem to be in line with industry standards. 11. Have members of your community voiced any concern with OCAC Shelter policies or practices? The City has received emails and electronic messages regarding concerns with OCAC. a. Please provide the Grand Jury with any of the city's complaint logs or records pertaining to the Orange County Animal Shelter. The Huntington Beach Police Department met with OCAC regarding this correspondence. Please see the attached PowerPoint presentation provided during that meeting. 12. Are there any improvements in the service OCAC provides or in the City's relationship with the Shelter you would like to see? The City of Huntington Beach is generally satisfied with the service and communication provided by OCAC. 358 3 b(I 359 AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES BETWEEN COUNTY OF ORANGE AND CITY OF HUNTINGTON BEACH MAY 31,2016 THROUGH MAY 30,2026 THIS AGREEMENT entered into this 31 sT day of May 2016,which date is enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE,a political subdivision of the State of California (COUNTY) and the CITY OF HUNTINGTON BEACH (CITY). This Agreement shall be administered by County of Orange OC Community Resources(ADMINISTRATOR). WITNESSETH: WHEREAS, CITY wishes to contract with COUNTY for the provision of the OC Animal Care Services described herein;and WHEREAS, COUNTY is willing and able to provide such services on the teens and conditions hereinafter set forth: NOW,THEREFORE,IT IS MUTUALLY AGREED AS FOLLOWS: // // // // // // // // // // // // • // /I // • // 360 • J // REFERENCED CONTRACT PROVISIONS Term: MAY 31,2016 through MAY 30,2026 Notices to COUNTY and CITY: COUNTY: County of Orange OC Community Resources Director's Office 1770 North Broadway Santa Ana,CA 92706-2642 and County of Orange OC Community Resources OC Animal Care Director 561 The City Drive South Orange,CA 92868 CITY: City Manager City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 /I /1 // 11 CM'OF HUNTINGTON BEACH 3 of 7 361 j covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY shall provide evidence of such insurance, III. NOTICES A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements authorized or required by this Agreement shall be effective: I. When written and deposited in the United States mail, fast class postage prepaid and addressed as specified on Page 3 of this Agreement or otherwise directed by ADMINISTRATOR or CITY; 2. When FAXed,transmission confirmed; 3. When sent by electronic mail;or 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service. B. Termination Notices shall be addressed as specified on Page 3 of this Agreement or as otherwise directed by ADMINISTRATOR or CITY and shall be effective when FAXed, transmission confi med, or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service. C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming aware of any occurrence of a serious nature, which may expose either party to liability. Such occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any COUNTY property in possession of CITY. D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by ADMINISTRATOR. • IV. SEVERABILITY If a court of competent jurisdiction declares any provision of this Agreement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any federal, state, or county statute, ordinance, or regulation,the remaining provisions of this Agreement or the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain in full force and effect,and to that extent the provisions of this Agreement are severable. V. STATUS OF THE PARTIES Each party is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. Each party is entirely responsible for compensating staff and consultants employed by that party. This Agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of either party's employees; agents, consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its • CITY OF HUNTINGTON BEACH 5 of 7 362 } VIII THIRD PARTY BENEFICIARY Except to the extent provided for in Section VIl above with respect to other contracting cities, neither party hereto intends that this Agreement shall create rights hereunder in third parties including, but not limited to,any subcontractors or any clients provided services hereunder. IX. WAIVER OF DEFAULT OR BREACH • Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default or any breach shall not be considered a modification of the terms of this Agreement. IN 'WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. CITY OF HUNTINGTON BEACH BY: DATED: BY: MOM 0 ATTEST: BY: a-124/1 `7`�L-��.1� fit/ DATED: to .. $' C1TY CLERK APPROVED AS TO FORM: BY: DATED: VZ:04____ CITY ATTORNEY b .o 5)7.0 Sto CITY OF I-RINTINGTON BEACH 7 of 7 363 EXHIBIT A TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH MAY 31,2016 THROUGH MAY 30,2026 I. DEFINITIONS A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing Animal Care Services to CITY pursuant to this Agreement. B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, the estimated cost of the services,and the effective date. C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as specified,by category,in Paragraph II.B.of Exhibit A to this Agreement. D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by COUNTY to CITY pursuant to this Agreement. E. "Fiscal Year"means a twelve(12)-month period from July through Tune. F. "Net Cost"means Actual Cost minus Fee Revenue. G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service category. II. SERVICES TO BE PROVIDED BY COUNTY A. ANIMAL CARE NOTICE OF INTENT 1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified below in subparagraph II.B. of Exhibit A to this Agreement, CITY would like COUNTY to provide during the next Fiscal Year. CITY and COUNTY may agree to individualized levels of Service Details within the Animal Care Services selected. Requests for individualized levels of Service Details will only be considered by COUNTY if the resulting service level will not conflict with state or federal statutes and will not endanger public health. 2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of Intent which shall include, but not be limited to, a list of Animal Care Services, and individualized Service Details, if any, COUNTY agrees to provide, estimated costs for said services, and the start date for those services. COUNTY shall provide the Animal Care Services specified in the Animal Care Notice of Intent signed by both ADMINISTRATOR or designee, and an authorized representative of CITY. c:rry of HUNTINGTON BEACH 1 of 6 EXHIBIT A 364 animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner identification; contact of owners when animals are wearing identification; sale or release of impounded animals to residents; animal evaluation for adoption; reasonable effort toward animal placement; public education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are neither redeemed nor adopted; veterinary services and spay/neuter surgeries consistent with standards established by the California Veterinary Medical Board; and necropsies on animals that die under suspicious circumstances or at the request of law enforcement. b. CITY may request additional retention days for healthy, non-aggressive impounded animals. Additional retention days will be offered to CITY upon written approval by COUNTY's OC Community Resources Director,or designee,on a space available basis only. c. COUNTY agrees to maintain its Shelter in a humane manner, consistent with applicable laws, keep said premises in a clean condition at all times, and use humane methods of care consistent with applicable laws. d. No animals may be donated, sold or otherwise released for the purposes of experimentation,research or vivisection. 4. BARKING DOG COMPLAINT SERVICES — Barking Dog Compliant Services include, but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding barking dog complaints, issuance of citations, and administrative hearings in response to complaints received by COUNTY for barking dogs within jurisdiction of CITY. 5. STANDARD LICENSING SERVICES —Standard Licensing Services include, but are not limited to, animal license issuance and renewal, fee collection and payment services; customer support regarding animal licensing; animal license billing; and delinquent animal license follow-up. 6. CITY LICENSE SERVICES a. City License Services include, but are not limited to, issuance of CITY animal licenses at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY. COUNTY shall provide quarterly licensing reports to CITY. b. CITY shall make its best effort to provide updated animal licensing information to COUNTY. 7. ANIMAL IMPOUND SERVICES —Animal Impound Services include, but are not limited to, data entry of impound information for each live or deceased animal from CITY, impound animal photography for each live animal, owner notification of impounded animal, and posting of animal photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged by COUNTY. • C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services. COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior notification given to CITY. D. Animals which are being retained for criminal prosecutions, except for violations of animal Crr�or•}nrWrJNGTON BEACH 3 of 6 EXHIBIT A 365 • • 2. If payment is not received by COUNTY by the payment due date specified above in subparagraph III.B. of Exhibit A to this Agreement, COUNTY may cease providing any further service under this Agreement and may satisfy the indebtedness in any manner prescribed by law. 3. COUNTY may modify the payment schedule upon six(6)months written notification to CITY. TV. CITY MANAGERS ASSOCIATION ANIMAL CARE COMMITTEE A subcommittee of the Orange County City Managers Association representing all cities participating in OCAC services exists to facilitate communication between OCAC and the city managers and staff of participating cities regarding fmancial and operational matters of OCAC, including, but not limited to: the assessment of cost options for animal care services provided under the Services • Agreements; supplemental services or financial requests which result in a change to a participating city's Actual Cost;consideration of new or adjusted fees;and other Service Details which may arise during the course of the Agreement. COUNTY shall provide regular updates on operations to the City Managers Association Animal Care Committee and to a participating city upon request. V. LAWS AND REGULATIONS A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services provided by COUNTY to CITY may be changed to comply with said laws, regulations, and requirements. ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact Animal Care Services provided through this Agreement. B. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care Notice of Intent,CITY shall enact and maintain in full force and effect ordinances identical to COUNTY ordinances which apply to said service, including but not limited to, those related to fees. ADMINISTRATOR shall notify CITY df the deadline for adopting said ordinances. If COUNTY is unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend provision of one or all Animal Care Services to CITY or may terminate this Agreement. It is solely the responsibility of CITY to immediately notify COUNTY of any discrepancy between relevant ordinances maintained by CITY and those maintained by COUNTY. D. If CITY wishes to maintain any relevant ordinance that is not consistent, on any point, with COUNTY ordinances, CITY shall immediately notify COUNTY of the discrepant ordinance. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of COUNTY animal care ordinances and may agree to enforce, and issue citations for violations pursuant to, the discrepant CITY ordinance. CITY acknowledges that individualized enforcement of unique CITY ordinances may result in increased costs to CITY. • CITY OF HONTINGTON BEACH 5 of 6 EXHIBIT A 366 f 1 VII. RECORDS A. All records created or received by COUNTY in accordance with the performance of COUNTY services pursuant to this Agreement are confidential. COUNTY agrees to keep said records in such form and manner as the Auditor-Controller of COUNTY shall specify. Said records shall be open for examination by CITY at all reasonable times. B. Once each Fiscal Year,COUNTY shall deliver to CITY only the addresses of each CITY licensed animal upon demand without additional expense or cost to CITY. Any such information requested which is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to government code. Prior to each disclosure, CITY agrees to complete and return to COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties agree and understand that this procedure is required by the Public Records Act and necessitated to permit CITY to obtain the information required for its use, and to allow COUNTY to disclose said information. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in possession of such records, and permitted by state law to disclose them voluntarily. // // // // // // // // // // // // CITY or HUN INGTON BEACH 7 of 6 EX_HIBIT A 367 ORA IG E COUNTY dc Community Resources Our Community. Our Commitment. STEVE FRANKS DIRECTOR August 17, 2016 OC COMMUNITY RESOURCES JENNIFER HAWKINS,DVM City of Huntington Beach DIRECTOR OC ANIMAL CARE Attn: Robin Estanislau 2000 Main Street RENEE RAMIREZ Huntington Beach, CA 92648 INTERIM DIRECTOR OC COMMUNITY SERVICES Dear Ms. Estanislau, )ULIA BIDWELL INTERIM DIRECTOR HOUSING&COMMUNITY DEVELOPMENT&HOMELESS Re: New Shelter Participation and Services Agreements PREVSTACY BLACKWOOD Enclosed is the fullyexecuted original Oran e CountyAnimal Care DIRECTOR g OC PARKS Services Agreement and the Shelter Participation Agreement between the City of Huntington Beach and OC Animal Care. HELEN FRIED COUNTY LIBRARIAN OC PUBLIC LIORARIES If you have any questions, please contact me at 714.796.6416 or via e-mail at Ariana.Mandujano@occr.ocgov.com. Thank you for your assistance in this matter. Regards, 7! i o ,�; Ariana Mandujano 'f i Staff Specialist • 'y�rron� I • .. i" 561 THE CITY DRIVE SOUTH ORANGE,CA 92868 PHONE: 714.935.6848 !! FAX: 714.935.6373 n 1„��yNL!iL'r 368 EXHIBIT B TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH MAY 31,2016 THROUGH MAY 30,2026 ANIMAL CARE NOTICE OF INTENT This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: JULY 1,2023,through JUNE 30,2024.COUNTY agrees to provide to the City of HUNTINGTON BEACH the following Animal Care Services beginning JULY 1,2023: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is$1,635,330. ® This is a new Animal Care Notice of Intent for the Period indicated above. ❑ This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated above. Significant Changes Since the Previous Animal Care Notice of Intent: To the best of my knowledge,this notice specifies the Anir al Care Services to be provided by COUNTY. 172-26 kDAdt 1si1'�TtvL�c•I{S .G.4-P 1 j2s �s City of HUNT GTON BEACH Representative and Title Date hrcc OC Animal Care Director ate APPROVED AS TO ORM MI AEL E.G S 1 l J C17Y ATrO�� EY CITY t?I°HUN7tNGTON DEACH CITY Or HUNTINGTON BEACH 1 of 1 EXHIBIT B 369 ATTACHMENT #3 I r Y � i ,,•, ......° t • t yrm ,dry � `�d � .„� ��. , ! ,� .. ';...-;,-, -.._ s , ,, s �'. try +'� � g„. 'T . �, '-,, •1,- r... r O � �'•.,ire` , 1 '` �. wwKeve „ ".,:. a M e f,, ^Rt"3Cfr�.t d v� A 33 '"'�' � i i. („Fj V fe `ar r.. '2 3,f• 2 4 3•Y,�: x 14n - - _. ` � 7.r_. // ^rJ ,. , „ r , .....--- _ ?, v 01 if.......„„ •' .�.+�r. �.. „ ... . .A 1 •t _ � -/ _ ,` . 1; .' r , 1 _ fe. : : .-,-- -et. s• t " sue. ..."^'- ab `T ^` .••;.a n _?,i4 {,.* ' STOP � " :% t? 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F SCHOOL SHOOTINGS : HOW PREPARED ARE ORANGE COUNTY PUBLIC SCHOOLS? _.,..,1_ or O U 1ji1`►'n r:- OILIF0-, N- COUNTY OF ORANGE Grand Jury 2022-2023 370 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Table of Contents SUMMARY 3 BACKGROUND 4 REASON FOR STUDY 6 METHOD OF STUDY 7 INVESTIGATION & ANALYSIS 8 School Shootings Background 8 School Resource Officers (SROs) 9 Implementing a School Tip Line 12 Safety of Before and After School Programs on School Sites 13 Monitoring Campuses 14 Advanced Technology 15 Protective Covering/Tinted Windows 15 School Active Shooter Training 16 School Active Shooter Tabletop Exercises 18 Arming Teachers and Staff 20 Visitor Management System 21 Annual Safety Inspection 22 Homeland Security K-12 School Safety Checklist 22 Campus Entry Procedures 23 Available School Safety Training Resources 24 Mental Health Issues 27 FINDINGS 30 RECOMMENDATIONS 32 REQUIRED RESPONSES 34 GLOSSARY 37 REFERENCES 42 APPENDICES 43 Appendix A 43 Appendix B 44 Appendix C 46 Appendix D 51 Appendix E 54 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 2 OF 59 371 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS SUMMARY The Center for Homeland Defense and Security, in coordination with the Federal Emergency Management Agency, maintains a K-12 school shooting data base. Some of their statistical findings are: • There have been 2,069 school shooting incidents between 1970 and June 2022 • As a result of those shootings, 684 students and staff have died • In the same time period, 1,937 students and staff were injured • California, Texas, and Florida are the states with the most school shooting incidents. The 2022-23 Grand Jury, during its investigation, interviewed members of law enforcement agencies on the subject of safety and security in our public schools. Almost everyone interviewed advised the Grand Jury that it is not a matter of IF an Orange County campus will be a victim of an active shooter incident, but WHEN one of our campuses will be a victim. "You can't wait to care until it happens to you" Mia Tretta-Los Angeles Times, 11/24/22 (Survivor of the 2019 Saugus High shooting) Orange County schools must be prepared and vigilant to do all that can be done to prevent another Nashville, Uvalde, Saugus, Parkland, Newtown, or Littleton school shooting from taking place here. Based on its investigation, the Grand Jury believes that Orange County public school districts are doing a good job in attempting to maintain safe and secure campuses for their students. However, there is always room for improvement. This investigative report makes recommendations for improvement in the following areas: • Building and equipment infrastructure • Training and training materials available for all personnel responsible for student safety and welfare • Implementation of tabletop exercises throughout all Orange County school districts • The need for more School Resource Officers (SROs) • Increased coordination of responsibility between school staff and law enforcement • Increase awareness and address mental health issues • Increase fiscal commitments to implement identified school safety measures. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 3 OF 59 372 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS . Canada 2 I France 2 288 0 = Germany 1 Japan 0 school shootings in a Italy 0 the United States since 2009 � UK C Eased Can MIN analysis al atetVn rcpturts BACKGROUND 2017-18 ORANGE COUNTY GRAND JURY "SAFER SCHOOLS— WHAT CAN WE DO?" REPORT AND REPORT RESPONSE FOLLOW-UP The 2017-18 Orange County Grand Jury issued a report titled Safer Schools— What Can We Do? Because school shootings continue to dominate the news and cause concern among students, faculty, staff, and parents, the 2022-23 Orange County Grand Jury decided to follow up on the 2017-18 Report responses as a part of its own investigation of school safety. The 2017-18 Report provides an important segue into the 2022-23 investigation of school safety. Below is the Summary, The Reason for the Study, and a summary of the recommendations from the 2017-18 Grand Jury Report: SUMMARY "Breaking News ---Another school shooting has just occurred! These words strike terror in the hearts of all parents as they pray that it has not occurred in their community. The frequency of violent events on school campuses across the nation is alarming. What are Orange County public school districts doing to minimize the threat of violence on campuses?Although Orange County public school districts are focused on minimizing the possibility of campus violence, there exists a considerable disparity between schools'readiness in some districts compared to others. Whether it is fencing, visitor protocols, communication devices, or the use of identification badges, the main differentiating factor is each district's access to funding sources for security measures. Schools in districts that have not passed school bond measures or have been unable to obtain grants have increasingly had to turn to local communities, including parents, for material support. Schools struggle to find both time and money to address competing priorities of improving academic achievement while preparing for the very real threat of school violence. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 4 OF 59 373 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS REASON FOR THE STUDY School safety is a responsibility we all share. It is difficult, if not impossible, to prevent all violent events on campus, but schools are expected to provide a reasonably safe environment for both students and employees. School administrators have a critical responsibility to prepare for such events in order to protect the students and staff within the Orange County school system. No one has all the answers, but through conversations and working together, solutions continue to evolve and improve. The primary purposes of this [2017-18] study are: • To assess how well Orange County public schools are controlling access to campuses during school hours. • To provide school districts, boards, principals, and parents with information to improve preparation for violent school events. • To stimulate county-wide discussion identifying underutilized resources and to share problem-solving strategies. • To develop recommendations which can help school districts ensure schools implement their safe school programs." RECOMMENDATIONS The 2017-18 Grand Jury recommended that school districts should: • explore all possible funding sources • re-evaluate the lack of secure fencing on all school campuses • maintain a complete daily log of every visitor and volunteer entering and exiting the campus • require photo identification of all campus visitors and volunteers before a visitor's badge is issued • require all faculty and staff to wear visible photo ID badges while on campus • issue ID cards in a format to be worn as student ID badges while on campus • issue two-way radios or equivalent communication devices enabling instant two- way communication with the office • record, track, and report to the district office all campus incidents of unauthorized access • perform a school security assessment to evaluate their current school safety plan. 2022-23 ORANGE COUNTY GRAND JURY FOLLOW UP The 2022-2023 Grand Jury decided to follow up on School District Responses to the 2017-18 Grand Jury's recommendations as part of its own investigation into school safety. In their 2017-18 responses, 26 of the 28 public school Superintendents committed their District to further analysis and/or future action in response to Grand Jury Recommendations. The collective number of commitments made by the 26 districts was 88. In a September 2022 letter from the Orange County Grand Jury, the 26 Superintendents were reminded of their commitments and asked if their respective ORANGE COUNTY GRAND JURY 2022 12023 PAGE 5 OF 59 374 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS districts had followed through on those commitments. The responses from the districts were gratifying. Multiple commitments had been fulfilled in response to each of the nine Recommendations included in the 2017-18 Grand Jury Report. Twenty districts that had committed to further analysis, and/or future action, reported having fulfilled all 69 of their commitments. Four districts reported having fulfilled 8 of their 13 commitments, with each district having fulfilled at least 50% of its commitments. Two districts, which had made three commitments each, responded stating that none of their commitments had been fulfilled. Except for the two districts that failed to fulfill any of their six commitments, the 2022- 2023 Grand Jury believes that students, faculty, staff, parents, District Boards of Education, and communities can be pleased with what their districts have accomplished in their efforts to improve School Safety in response to the Grand Jury 2017-18 Report. While it is indisputable that much has been achieved during the past five years to make Orange County public schools safer, there is still much to be done. This new report includes recommendations that, if implemented, will make the schools even safer. While it is true that no school will ever be totally safe from intruders, it is the responsibility of school boards, school administrators, and law enforcement to make them as safe as possible. REASON FOR STUDY According to the Centers for Disease Control and Prevention (CDC) and the Kaiser Family Foundation (KFF) firearms are now the leading cause of death among children ages one through eighteen. The Center for Homeland Defense and Security (CHDS) in conjunction with the Federal Emergency Management Agency (FEMA), maintains a K-12 school shooting data base as part of their Homeland Security program. Some of the important statistical findings are as follows: • There were 2,069 school shooting incidents between 1970 and June 2022 • For the above time frame, 684 students and staff died in shootings at schools • 1,937 were injured • California, Texas, and Florida were the states with the most incidents. The Washington Post stated more than 338,000 students across the nation have experienced gun violence in their schools since 1999. The 2022-2023 Grand Jury, based on its investigation, believes that Orange County public school districts are doing a good job in attempting to maintain a safe and secure campus for their students and school personnel/staff. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 6 OF 59 375 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS During almost every interview of the members of law enforcement, the Grand Jury learned that it is not a matter of IF an Orange County campus will be a victim of an active shooter but WHEN it will be a victim. Therefore, the reason for this study by the 2022-2023 Grand Jury is to use all the information it learned through its method of study and provide recommendations to all the Orange County public schools on how they can make their schools safer for all their students, teachers, and staff while maintaining a quality campus learning environment. Recommendations for improvement will be made in the following areas: • Building and equipment infrastructure • Training and training materials available for all personnel responsible for student safety and welfare • Implementation of tabletop exercises throughout all Orange County school districts • The need for more School Resource Officers (SROs) • Increased coordination of responsibility between school staff and law enforcement • Increased awareness of and address mental health issues • Increased fiscal commitments to implement identified school safety measures. METHOD OF STUDY The Grand Jury accumulated the information for this report from the following sources: • 2022-2023 Grand Jury School Safety Questionnaire for all public schools (41 questions) (See Appendix E) • 2022-2023 follow-up on commitments made by Orange County school districts in response to the 2017-2018 Grand Jury report titled "Safer Schools-What Can We Do?" and the Recommendations contained in that published investigation • Local/national news stories over several years and past Grand Jury reports in Orange County and other California counties • Training videos of school violence prevention and casualty care • School safety materials and procedures • Public school district websites • Comprehensive School Safety Plans of Orange County public schools • Active shooter drills at several schools • Tabletop exercises at several schools • A Knowledge Saves Lives training session at a local public school • The Orange County Intelligence Assessment Center (OCIAC) • Safety measures in place at several schools. The Grand Jury interviewed: • Principals from a number of Orange County elementary, middle, and high schools ORANGE COUNTY GRAND JURY 2022 12023 PAGE 7 OF 59 376 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS • Representatives of Orange County school districts and other personnel responsible for school safety and risk management • Orange County Sheriffs Department (OCSD) personnel including those responsible for public school safety • Selected local city law enforcement personnel responsible for public school safety INVESTIGATION & ANALYSIS School Shootings Background On May 24, 2022, television networks across the United States broadcast the horrific news that once again a mass shooting was taking place on an American school campus. The country watched in horror as a young man spent over seventy minutes brutally gunning down defenseless elementary school students after gaining entry to their school, Robb Elementary in Uvalde, Texas. When law enforcement eventually breached the door into a classroom, they shot and killed the assailant, but only after he had taken the lives of nineteen children and three adults. In addition, eighteen others were hospitalized with gun-shot wounds. The sad reality is that this type of terrible incident is all too common in our nation. Teachers, school staff, and students have become very familiar with terms like "lockdown drills", "shelter-in-place", "Run, Hide, Fight", "Distance, Evade, Engage", and more. The many mass shootings have forced scores of individuals who entered the teaching profession to engage in soul-searching about their personal safety as well as that of their students. Many educators are faced with deciding whether to remain in the profession. How did we get to this sad situation? "More than 338,000 students have experienced gun violence at school since Columbine through 366 school shootings since 1999." (Washington Post 4/17/23) History shows us that Uvalde was not the first mass shooting in a school, and law enforcement officials tell us that it will not be the last. According to the 2022 "Report on Indicators of School Crime and Safety 2021"published by the Institutes of Educational Sciences in coordination with the U.S. Department of Education, U.S. Department of Justice, and others, "nonfatal victimization including theft, bullying and criminal victimization went down sixty percent between 2019-2020". In contrast the report showed that "there were a total of 93 school shootings with casualties at public (and private) elementary and secondary schools in 2020-21—the highest number since 2000-01." According to the School-Associated Violent Death Surveillance System (SAVD-SS), "school shootings are defined as incidents in which a gun is brandished or fired on ORANGE COUNTY GRAND JURY 2022 12023 PAGE 8 OF 59 377 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS school property or a bullet hits school property for any reason, regardless of the number of victims, time of day, day of the week or reason." The SAVD-SS study showed that the year 2020-21 was the first time since this information was gathered that less than half of schools that had shootings were high schools. This is essential information that all school districts and their schools should consider when developing safety plans. In 2018, California Governor Jerry Brown signed into law Assembly Bill 1747, "School Safety Plans", which added Section 32281(a) to the California Education Code (EC), requiring every K-12 public school to develop and maintain a Comprehensive School Safety Plan (CSSP). The California Department of Education (CDE) stated that these plans are to "address campus risks, prepare for emergencies, and create a safe, secure learning environment for students and school personnel." If a school district has fewer than 2,501 average daily attendance, then the district may create one CSSP for all the schools in that district. The law does require that stakeholders be engaged in the creation of the CSSP along with school personnel. Each school must update and adopt its CSSP annually by March 1st. That plan must then be submitted to the school district for approval. Each district is required to annually notify the CDE by October 15 of any school(s) that have not complied with the requirements of the law. While it is truly fortunate that Orange County schools have not experienced this type of violence, numerous law enforcement and school officials say it is not a matter of"if" but "when". Our schools must be prepared and vigilant to do all that can be done to prevent another Covenant School (Nashville), Robb Elementary (Uvalde), Saugus High (Saugus), Stoneman-Douglas High (Parkland), Sandy Hook (Newtown), or Columbine (Littleton) from taking place here. (See Appendix 'A' for a listing of school shootings in the United States since 1999; see Appendix `B' for CDE's Comprehensive School Safety Plan requirements.) "School is the last place where kids should have to worry about gun violence. Our children deserve better. " (Everytown Report, 8/22) School Resource Officers (SROs) "It was after school hours in May 2022 when South Carolina school resource officer (SRO) Kyle Doiron of the Richland County Sheriff's Department got a message from a student at the high school where he works. The student forwarded an Instagram photo in which another student posed with a firearm."The next day, the SRO called the boy in the photo out into the hallway. Inside the student's backpack, "...he found a 9 mm Taurus handgun, with a loaded magazine and a cartridge in the chamber... At that point, Doiron arrested the student and placed him in handcuffs... Since the officer is on the high school campus every day, he has developed a relationship with students such ORANGE COUNTY GRAND JURY 2022 12023 PAGE 9 OF 59 378 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS that they are comfortable talking to him."After this incident, Officer Doiron said, "If our school didn't have an SRO program, there could have been another shooting and we could have lost another child to gun violence."(NASRO website, March 23, 2023) While this incident took place on the other side of the country, it illustrates the importance and value of having SROs on school campuses. What exactly is an SRO? The U.S. Department of Justice defines a School Resource Officer as a "sworn law enforcement officer responsible for safety and crime prevention in schools."Employed by a local police or sheriffs department, they work closely with school administrators for the purpose of creating a safer environment for students, faculty, and staff. SROs are asked to be educators, informal counselors, and law enforcers, often called "The Triad of SRO Responsibility". As they are sworn officers, they have the authority to make arrests, respond to calls for service, and document incidents. In the other two roles they work with students as mentors and role models. It is estimated by the National Association of School Resource Officers (NASRO), that there are between 14,000 and 20,000 SROs currently working for law enforcement agencies across the nation. "School Resource Officers play an important role in school violence prevention" (U.S. Secret Service report, Averting Targeted School Violence, 2021) SROs are funded by the law enforcement agency itself or by cities/school districts where they are assigned. They should be trained in school-based law enforcement as well as crisis response. Education Week reported in a November 16, 2021, article that: "In practice, it's not clear how many school police actually have had this training or similar types as States set different requirements for what training SROs need to have before working in schools, and some SROs report feeling unprepared for the job... In a 2018 Education Week Research Survey of SROs, about 1 in 5 respondents said they didn't have sufficient training to work in a school environment, only 39 percent said they had training on child trauma, and about half said they hadn't been trained to work with special education students."Training is available through local agencies as well as the NASRO. An officer appointed to an SRO position should be given the appropriate training to be effective. All Orange County Sheriffs Department SROs interviewed by the Grand Jury indicated that they had received the required training. Figures from the Education Week Research Survey show that in 2017-18, about 45% of schools had an SRO in place at least once a week and 13% reported having police on campus who were not SROs. There has been a large increase in the number of law enforcement agencies that employ SROs because of the increase in school shootings after Columbine in 1999. This mass shooting incident was the impetus for the U.S. Department of Justice to offer Community Oriented Policing Services (COPS) grants to school districts to increase the number of SROs. Available grants can help off-set the costs of securing the services of SROs. In 2021, out of a $386 million budget, $156.5 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 10 OF 59 379 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS million was authorized for the COPS Hiring Program (CHP) along with another $11 million for Preparing for Active Shooter Situations (PASS) and $53 million for the School Violence Prevention Program (SVPP). The CHP program provides 75% of the approved entry-level salaries and fringe benefits of each hired officer, up to $125,000 per officer position for 36 months of salary support. In addition, groups such as the National Association of School Resource Officers (NASRO) offer attractive grants for the express purpose of hiring SROs. ". . .in nearly one-third of the cases, an SRO played a role in disrupting an attack plot. " (U.S. Secret Service report 2021) However, funding remains a huge obstacle for cities, school districts, and law enforcement agencies. For example, following the 2018 mass shooting at Stoneman- Douglas High School in Florida, the governor at the time ordered an armed security officer be placed on the campus of all 4,200 public schools in the state at a huge cost. The Grand Jury found that Orange County is fortunate that the Sheriffs Department (OCSD) and most city police departments (PDs) interviewed have a number of Deputies or officers who serve as SROs. Many who were interviewed shared that they take the position very seriously especially because their own children are in Orange County public schools. However, funding is a major factor in the number each agency is able to put into service. While the men and women who serve as SROs are highly dedicated, many current SROs in the county are assigned far too many schools to effectively fulfill their responsibilities. Most SROs in the county are assigned to high school campuses and must also cover a number of middle/elementary schools that feed into the high school. The agency with the most SROs is the OCSD with 17 serving over 125 schools, located primarily in south Orange County. The Anaheim PD currently has two SROs to cover approximately 62 public schools with an Anaheim address. Fullerton PD has four SROs in four Fullerton Union High School District schools, yet approximately 20 elementary/middle schools in the Fullerton (Elementary) School District do not have an SRO, relying on patrol officers to be their contact with the police department. The City of Orange PD has one SRO for approximately 28 schools, while a small city and district such as Los Alamitos has one SRO for four schools. Santa Ana is the only school district that has its own police department. They field 28 sworn officers plus 42 site safety officers for 61 schools. These figures, while not covering all police departments and cities, illustrate that law enforcement agencies around the county have put varying resources into their SRO programs. However, current SRO resources are far from an optimum number of personnel for the 635 public schools in Orange County. Most law enforcement members interviewed by the Grand Jury clearly indicated that not every school needs an SRO on ORANGE COUNTY GRAND JURY 2022 12023 PAGE 11 OF 59 380 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS campus, with most of the need being found on high school and middle school campuses. However, the question remains as to why there are not more law enforcement personnel assigned to this important role. Two prominent factors are impacting the number of SROs. First is the reality that most law-enforcement agencies are short-staffed and have increasing difficulty hiring qualified individuals which results in many officers being assigned to patrol duties to cover a city's needs. Second is the ever-present issue of funding. SRO positions, as mentioned earlier, are usually jointly funded by a law enforcement agency, a city, and/or a school district. The range for law enforcement salaries in Orange County is from $50,000 to $124,000 plus benefits. Orange County school districts, city police departments, the sheriffs department, and city governments are strongly encouraged to work together to provide SROs on as many school campuses as financially feasible. Effectively utilized, SROs become informal counselors, role models, and mentors to students, many of whom might otherwise see police in a negative light. If students see an SRO on their campus on a regular basis, most will become comfortable with the idea of speaking with that officer which in turn forms a valuable relationship. "Building strong relationships helps keep schools safe; when young people build trusting relationships with SROs, they learn lessons that can remain with them into adulthood and throughout their lives." (Marin County Civil Grand Jury Report, 2019) Implementing a School Tip Line Students will often have the earliest and most knowledge of potential threats in a school community. Unfortunately, it is often the case that students are afraid to report threats when they become aware. Depending on their features, tip lines may offer low-cost solutions for the purpose of acting upon reported information of potential violent acts taken from social media, including but not limited to phones, web portals, and other electronic messaging. Tip lines may help prevent school violence by: • Breaking the code of silence by giving a voice to students • Increasing the likelihood that threats will be reported by providing a confidential means of reporting • Encouraging students to "see something, say something" Necessary requirements for a successful school tip line: • Students must have easy access to the tip line • Students must be able to trust that the tips they report will result in appropriate action • Students must be able to trust that their identities will be kept confidential ORANGE COUNTY GRAND JURY 2022 12023 PAGE 12 OF 59 381 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS The Grand Jury recommends that all public schools in Orange County, if they have not already done so, implement a tip reporting mechanism for all students and staff to confidentially report potential acts of violence on their school campus. Safety of Before and After School Programs on School Sites How safe are Orange County students in on-campus before and after school programs? Imagine one day, elementary students are sitting at school lunch tables, with classes over for the day, doing homework, art, or other activities; now a shooter walks onto the campus. Maybe the students are in a prefabricated bungalow at the back of the campus, away from any lingering staffs attention, sheltered by thin walls that are easily pierced by bullets. Will our schools be prepared when that eventually happens? When developing safety and security plans for K-12 schools in Orange County, school districts should take extra steps to ensure that their plans include measures to prepare on-campus before and after school programs' staff for active shooter incidents. This can be a challenge as many of these programs throughout Orange County are outsourced to vendors such as the YMCA Child Care Program, Boys and Girls Club, or Kids Factory. Before and after school programs offer valuable school care for many families throughout Orange County. It is critical that the staff of these vendors be provided active shooter training, either along with school staff or independently. Many vendors that offer before and after school programs have their own safety protocols, but they might not be as extensive as those within Orange County school districts. Each school district should review not only their own safety plans, but those of their vendors who provide before and after school programs to ensure that best practices are followed. If direct participation in school districts' active shooter training by outside vendors is not feasible, Orange County school districts have an obligation to ensure that those programs have established best practices in preparation for active shooters. Any gap in active shooter training for employees of vendors providing before and after school care should be addressed. A willingness to negotiate may be required between school districts and vendors to achieve a synergy among their safety policies and protocols. A U.S. Secret Service Analysis of Targeted School Violence has concluded that in any given year, violence on school campuses occurs before or after school hours 26% of the time. This is a significant degree of risk to our children's safety and should be addressed in all Orange County school districts' safety plans. Collaboration between SROs and school administrators is an important component for the integration of before and after school programs within school safety plans. All Orange County school districts that have SROs should involve them in the process of updating school safety plans to ensure that before and after school programs are integrated into active shooter protocols and procedures. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 13 OF 59 382 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Monitoring Campuses Security cameras may help school administrators monitor people who enter the campus and determine if there are people who should not be on school property. Security camera technology has improved in recent years, and all Orange County school districts should obtain and incorporate camera systems throughout their campuses. Some Orange County school districts lack cameras in all elementary schools leaving them unable to monitor school violence, crime, or intruder activity as well as gathering evidence of those events. Advanced technologies such as Artificial Intelligence (Al) powered school surveillance cameras, motion detection, people counting, thermal imaging cameras, and others are becoming more commonly used on school campuses throughout the United States as incidents of violence increase. Through Al technology, school staff can use facial recognition to monitor people entering and exiting the campus in real-time, thus increasing enhanced situational awareness. Although some parents and students may feel security cameras can be intrusive, they can significantly increase safety. Al technology can assist school administrators in tracking the number of students entering school at the beginning of the school day and how many students exited the campus during an evacuation. } .: �h e# > '"' • ...cam.. = , i I rl:�w f . ui 4 4 Rein I , • 4. r Al technology can help school districts with limited budgets make their current security devices perform more effectively. Facial recognition and perimeter detection are key improvements that Al brings to camera monitoring systems. Such advancements alert the security staff by raising real-time alarms upon detecting any unauthorized face or suspicious activity. Orange County school campuses should have security cameras at strategic locations including entrances, hallways, stairwells, libraries, and parking lots. This level of coverage could give school administrators the ability to detect unfolding active shooter incidents and other emergencies. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 14 OF 59 383 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Although security cameras cannot stop an active shooter, the simple presence of security cameras throughout school campuses can aid school security teams and local law enforcement in their responses to emergencies and provide evidentiary footage in their investigations. There are many choices of security monitoring systems in a wide price range such as: • Dome Security Cameras: Their wide-angle lens allows for maximum coverage. • Bullet Security Cameras: They provide high definition, crisp photos even in dim light. They attach to walls or ceilings and can be positioned in any direction. • PTZ Security Cameras: They are similar to dome cameras but have the ability to pan, tilt, and zoom. Advanced Technology The safety of students and staff should be a top priority for schools. Gaps in security can leave schools vulnerable. Current advanced technology can computerize manual processes that may leave schools open to potential security risks. Schools need to make sure that their security systems are contemporary and able to protect students and staff from any potential threats. Some advanced school security trends are as follows: • A Visitor Management System (VMS): Schools can use this system to help ensure the safety and security of their campuses. This system eliminates manual logs while simplifying check-ins as well as providing background screening for visitors. Most systems will flag registered sex offenders and child custody orders. • Perimeter Security Systems: From cameras to license plate readers and access control systems, these tools provide real-time monitoring that protects against potential threats. Automated license plate recognition (ALPR) cameras are an asset in emergency situations, providing useful information for response and investigative purposes. By staying up to date on the latest advances in school security technology, school administrators can make sure that their schools remain as safe as possible for all students and staff. The Grand Jury recommends to all school districts that as funding becomes available for school security, school districts consider implementing the advanced technology solutions identified above. Protective Covering/Tinted Windows While everyone in Orange County wants safer schools, some communities favor an open and friendly educational environment for their children and are concerned about having school campuses that resemble a prison-like environment. However, one of the problems with the open design of many school campuses throughout Orange County is that there is too much visibility into classrooms from outside areas open to the public. Many classrooms lack curtains, mini-blinds, or other ORANGE COUNTY GRAND JURY 2022 12023 PAGE 15 OF 59 384 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS basic window coverings to obscure an intruder's view. Securing classroom windows will help create a safer learning environment for students. School districts should cover school windows with shatter-resistant and/or tinted film covering to add an additional layer of protection from an active shooter. Although these measures will not prevent an intruder from entering a school campus and begin shooting, it can slow their progress and reduce visibility into the classrooms. In an active shooter scenario, shatter-resistant film can slow down an intruder and reduce the impact of ammunition fired into classrooms, giving teachers and students more time to escape or hide. It can also assist law enforcement in recovering spent ammunition. Shatter-resistant film can be purchased as a tinted or clear covering. Clear shatter-resistant covering applied over windows can be painted with a festive design or historical figure in American history to help school administrators maintain an inviting campus. To engage students and the community, school staff could even have an art competition to see who comes up with the best theme or design for the windows. While the possibility of an active shooter on a school campus has gripped the country with fear, Orange County residents do not need to have schools that resemble fortresses to take preventative measures against violent intruders. Orange County school districts should exhaust all their capabilities to address campus vulnerabilities around physical security. IL 1,:'",\ l'; :- __ .. it1 Ar 1• 1 1 w } i A i 4 } S r y '' .. t t:t t:4:4;.„::.:: ...,..,A . ..,," , ,,,i,,,,,y..,:, —— — t'''.for : 1 , gvw . , ----------___Ilir . :.:.'..1 ,':‘,1 School Active Sht•t®ter Training The Orange County Sheriffs Department, in collaboration with city police departments, conducts Active Shooter Training exercises for first responders, which include School ORANGE COUNTY GRAND JURY 2022 12023 PAGE 16 OF 59 385 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Resource Officers, Sheriff's Deputies, fire personnel, medical personnel, and the OCSD Special Weapons and Tactics Team (SWAT). These exercises are held at local schools when classes are not in session, and other sites and training areas that can be used to simulate a school setting. Several members of the 2022-2023 Grand Jury observed an active shooter training for local law enforcement at an Orange County high school which was not in session. Signage was posted around the school to notify the public of the training and immediately surrounding residents and businesses were advised of the event to avoid unnecessary panic. The training began with a basic classroom power point presentation outlining the strategy and mission. Best practices and the reason for the training were also explained. Upon completion of the briefing, shots were fired, and a smoke canister was ignited. Officers entered on the ground floor with handguns and rifles drawn. They then proceeded to the second floor, searching for the threat while a dozen OCSD Explorers and approximately 40 student volunteers served as actors portraying the injured pleading for help. The volunteers, student-actors who were to be subjected to simulated gunfire, were equipped with full-coverage helmets. They adhered to "Run, Hide, Fight", a protocol of survival skills which is taught in Orange County schools as a response to an active shooter situation. Orange County Sheriff's Deputies are trained to arrive and immediately enter to put down the threat before lives, or additional lives, are lost. Once a threat is observed or heard, law enforcement enters the classroom or campus area and immediately eliminates the threat. The training is to instill in law enforcement an ability to react to the situation presented quickly and then take additional actions as warranted. "The body won't go where the mind hasn't been and this training does just that"(Ocso) Officers on the scene were armed with rifles, handguns, and smoke grenades. They were also equipped with battering rams and forced entry devices. Their firearms were loaded with blanks and paint tips. The only live ammunition was with a unit of Sheriffs Deputies who did not participate in the exercise but who surrounded the perimeter of the school solely to ensure the safety of the participants from any outside attackers who might take advantage of the chaos to harm participants. This training is part of the Safe Schools Initiative offered by the Orange County Department of Education (OCDE), and ties into the Orange County Sheriffs Department's Assess, Prepare and Train (APT) program. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 17 OF 59 386 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS At the training attended and observed by the Grand Jury members, two scenarios were performed. The first was an approximately twenty-minute outdoor scene where shots were heard, and first responders were called in. Chaos was rampant as there was a smoke distraction while people were running (or hobbling) in different directions. Injured stand-ins were on the ground screaming and begging for help. Officers are trained to go right to and eliminate the threat despite the urge to lend aid to the wounded. In the second scenario, Deputies and SROs entered a chaotic active shooter scene, stepped over "dead and injured" victims, and chased a male shooter who now had taken a hostage who was used as a shield. The perpetrator entered a room inside the school and concealed himself. Officers searched and cleared every classroom until a locked door was discovered in a service room. Officers announced their presence and forced open the door, the hostage was separated from the shooter, and a surrender took place, so the shooter was taken into custody, eliminating the threat. Procedures are built into the training to ensure that police do not mistake innocent bystanders for the shooter. Police will not stop to help injured people until the threat is eliminated. Once the school is "cleared" of any further threat, waiting emergency medical personnel enter to stop the bleeding of the wounded, who are then taken to medical triage. END-EX (end of exercise) was called by the trainers, and the actions of the Sheriffs Deputies and other participants were reviewed, critiqued, and questions addressed. These drills are not unique to Orange County, and many have proven their value. In Nashville, Tennessee, similar drills were being conducted at area schools and included school staff. Dr. Katherine Koonce, Director at Covenant School, attended one as an observer and immediately requested an exercise for her school. During the March 27, 2023, shooting at the Covenant School, Dr. Koonce, while losing her own life, along with other staff saved countless lives. Nashville Metro Police Chief John Drake described it this way: "Students were in their classrooms, locked up, the professional [school staff] outdoors to lead the Metro policeman. She had a key, [knew] what her headcount was, she knew [exactly] where the students would be, she was prepared," Drake told ABC News. "I'm sure they had run those drills, and it's because of Katherine and the foresight she had to make sure her staffers were prepared." Under the Marjory Stoneman Douglas Public Safety Act, public K-12 schools in Florida are required to hold frequent active shooter drills. The Grand Jury hopes a tragedy like those that occurred at Marjory Stoneman Douglas High School in Parkland, Florida, Covenant School in Nashville, Tennessee, and other schools across the nation does not have to happen in California. However, it is necessary to prepare for that possibility. Therefore, the Grand Jury recommends that all school districts host Active Shooter Training by July 1, 2024, and thereafter on an every-other-year basis. School Active Shooter Tabletop Exercises The Orange County Sheriffs Department School Resource Officer Program, along with a designated Orange County school, sponsors active shooter tabletop exercises for ORANGE COUNTY GRAND JURY 2022 12023 PAGE 18 OF 59 387 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS schools within Orange County. The tabletop exercise is an emergency management technique designed to increase preparedness for an active shooter in a safe environment. These exercises are generally held on a school campus and directed by a Facilitator designated by the Sheriff. Currently, the tabletop exercises are attended by on-site school personnel, law enforcement, and observers. Other schools within the district are invited to participate, as well as local city police. In the exercises the Grand Jury attended, the schools were represented by the principal and other school staff including teachers, district staff, school security personnel, maintenance personnel, and mental health counselors. Law enforcement attendance consisted of the Facilitator, School Resource Officers, and officers from OCSD's Operations Division. The Orange County Grand Jurors attended as observers but were able to participate in discussions. The participants are presented with a crisis scenario and asked to discuss their response. It is important that plans be customized to the individual schools because of the different layouts and points of access and egress of each school campus. School maps are included in the provided Situation Manual to accommodate this need. All attendees were given a Situation Manual which provides participants with all necessary tools for their roles in the exercise. The manual calls out the overview for the exercise, the roles and responsibilities of the participants, and the structure which is broken down into three modules. The Situation Manual also points out the "Scenario Ground Truth" which allows participants to know what conditions to assume prior to facing their scenario, such as the time of day, weather at the time of the occurrence, and the staffing level of first responders. The tabletop exercise is discussion based, planned to last approximately 90 minutes, and presented in three modules: Module One: Preparedness This module is a discussion of the preparedness of the school(s) where the level of security, access, and communication is addressed. Fencing (coverage and height), cameras, door locks, points of egress, using items to block doors, and window covers are among items discussed for facilities. Two-way radio communication, a public address system for lock-down announcements, lanyard alarms, and cell phones are some of the items discussed as tools for communication. This discussion brings in ideas to improve a school's preparedness while the school also brings information for the Facilitator to use in future tabletop exercises. Module Two: Incident Response In Module Two, a realistic scenario is presented to the participants where a report comes in from 911, stating that possible gunshots have been heard at the school and patrol units have been dispatched to the scene. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 19 OF 59 388 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Discussion starts with school personnel describing how the school goes into lockdown to protect staff and students while a command post is set up near the school. This is when school officials discuss and share information such as accounting for all students, tying phones to the District Office, and other communication efforts. Module Three: Student/ Family Re-Unification This final module deals with the aftermath; the shooter has been neutralized and rooms and buildings have been cleared by law enforcement. At the exercise observed by members of the Grand Jury, preliminary information provided for the sake of discussion indicated that five students and staff were deceased and 15-20 injured that had been, or were in the process of being, transported to local hospitals. The tabletop discussion then deals with orderly release and relocation to nearby off-site triage and reunification locations. There is also discussion about what information can and cannot be passed on to parents. Ideas for managing the media and what can be released and who can interface with media are also discussed. Mental health support and its role are discussed in this module as well. The success of the tabletop exercise lies in the practice and review of required actions and the delegation of duties during this experience. Although predicting each person's reaction and judgement during such a crisis is recognized as impossible, this exercise enhances the probability of team efficiency in the event of a school shooting, thereby increasing preparedness and minimizing loss of life and injury. Due to turnover and relocation of school personnel, the Grand Jury recommends that all Orange County school districts host Active Shooter Tabletop Exercises by December 31, 2023, and on an annual basis thereafter. (See Appendix C; OCSD tabletop format) Arming Teachers and Staff The California Teachers Association (CTA), while overwhelmingly supporting stronger laws to ensure school safety, believes the idea of arming teachers is a "preposterous, cynical, and unworkable solution." The Grand Jury found that practically no faculty, staff, or superintendent in Orange County supported arming any non-law enforcement school personnel. The resistance to this idea by educational personnel was overwhelming. Among the reasons given by school personnel were the obvious ones of injury or death of innocent students or staff, and law enforcement mistaking anyone holding a weapon as the suspect. Another reason was that without ongoing training, people lose the physiological responses to stress that enable fine motor skills and marksmanship. While representing a tiny minority of their peers, some in law enforcement would support arming school personnel, but only with stringent restrictions such as rigorous training, marksmanship, and proven sound judgement. The sole reason given by this small number of law enforcement personnel is that a threat could be eliminated prior to a first responder arriving, leading to saved lives in the beginning. Most law enforcement ORANGE COUNTY GRAND JURY 2022 12023 PAGE 20 OF 59 389 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS personnel believe arming of any non-law enforcement school personnel to be an unacceptable idea under any circumstance. Visitor Management System The 2022-23 Grand Jury believes that a parent and visitor management system is a key element in ensuring campus safety. The 2017-18 Grand Jury included two recommendations related to managing campus visitors in its report titled: Safer Schools— What Can We Do? Those recommendations were: R.3. School districts should implement procedures to ensure that all campuses maintain a,complete, daily log (electronic or manual) of every visitor and volunteer entering and exiting the campus, excluding program events such as awards ceremonies or stage or musical productions (2017-2018). R.4. School districts should implement procedures to ensure that photo identification is required of all campus visitors and volunteers before a visitor's badge is issued (2017-2018). As a part of its investigation in preparation for writing this report on school safety, the 2022-23 Grand Jury learned that 25 of the 28 Orange County School Districts have a parent and visitor management system. Twenty-one of 25 districts use the same software system which: • Gives schools the power to decide exactly who is allowed to enter their buildings. • Enables schools to keep potential threats from accessing campus by instantly screening each visitor's government-issued ID card against the sex offender registries in all 50 states and an unlimited number of custom databases. • Syncs with a school's information system to ensure that students are only released to approved guardians. • If a visitor is flagged, allows staff to review the visitor's information side-by-side with the offender's information immediately while notifications are sent to administrative and security personnel. • Allows a school's community to know that visitors are approved by enabling a school to require visitors to wear a badge that shows their role type, name, destination, date and time of entry, and photo. • Enables approved school personnel to view Visitor records so that accurate district- and school-wide reports can be created. Even though 25 of the 28 school districts already have an effective parent and visitor management system, the Grand Jury believes managing access to school campuses is so important that all schools should either develop or purchase a system that enables them to control and monitor access to campus. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 21 OF 59 390 SCHOOL SHOOTINGS: HOW,PREPARED ARE OC PUBLIC SCHOOLS Annual Safety Inspection All California public schools must develop a comprehensive school safety plan, per California Education Code sections 32280-32289.5. The OCGJ believes annual campus safety inspections conducted with local law enforcement should be a part of this plan. During its investigation for this report, the OCGJ learned that some schools are already conducting such inspections. The three primary sources of information for this section were: • School district responses to the Findings and Recommendations in the Grand Jury 2017-2018 Report titled Safer Schools— What Can We Do? • School district responses to a survey developed by the 2022-23 Grand Jury designed to determine if school districts had followed up on 2017-2018 commitments to implement specific improvements in school safety. • The websites of the 28 school districts. From these three sources, the Grand Jury learned that at least 21 of the 28 school districts work to help ensure the safety of school campuses through on-going collaborative relationships with either the Sheriffs Department or city police departments or, in some instances, with both the Sheriffs Department and one or more police departments. Nine districts reported having at least one Student Resource Officer (SRO) serving one or more schools. Fifteen of the 21 districts that reported collaborative working relationships with at least one local law enforcement department also reported conducting annual safety assessments. Even though all 15 districts may conduct their annual safety inspections in collaboration with local law enforcement, only 5 of these 15 districts reported doing so. The seven districts that did not report working to help ensure the safety of school campuses through on-going collaborative relationships with either the Sheriffs Department or city police departments may have ongoing collaborative working relationships with local law enforcement. However, the Grand Jury was unable to find documentation of such relationships in any of its three above-listed sources. The Grand Jury believes all Orange County school districts that have not done so should develop and maintain ongoing collaborative working relationships with local law enforcement. The Grand Jury also believes that all Orange County School Districts should arrange for their local law enforcement partner(s) to conduct an annual safety assessment of each school in collaboration with the appropriate school and district administrative staff, facilitated via a Memorandum of Understanding (MOU) if necessary, by July 1, 2024. Homeland Security K-12 School Safety Checklist In their responses to the 2017-18 Safer Schools Report Findings and Recommendations, two Orange County school districts reported using the Homeland ORANGE COUNTY GRAND JURY 2022 12023 PAGE 22 OF 59 391 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Security K-12 School Safety Checklist. In its 2022-23 review of school district websites, the OCGJ identified one additional district that reported using the Homeland Security Checklist. Given the source of the survey and the fact that at least three Orange County school districts have chosen to use the survey, the OCGJ decided to review the survey. During its review, the OCGJ learned that the survey consists of 150 incisive questions that forces users to carefully analyze the strengths and weaknesses of their school safety plan. Following its review of the K-12 School Safety Checklist, the OCGJ believes that all 28 Orange County School Districts should require each of their schools to annually administer either the Homeland Security checklist, or a similar checklist. (See Appendix D for Seven Primary Topics of the DHS survey along with the appropriate web site for access to the entire survey.) Campus Entry Procedures The Grand Jury believes the campus entry at most Orange County schools is vulnerable to intruders. Using information gathered from school district responses to both the 2017-18 Safer Schools Report and the 2022-2023 Grand Jury follow-up survey on the implementation of commitments made by school districts in response to the 2017-18 Report, the Grand Jury has learned that at least 13 of the 27 Orange County school districts that responded to the Report have perimeter fencing and a single point of entry. One of the 13 school districts reported also having cameras and a buzzer system to augment the single point of entry. Another school reported the use of an intercom and buzzer system to control access to the administrative offices. Some of the other 11 districts with perimeter fencing and single point of entry may have cameras and buzzer systems, but the Grand Jury was unable to make that determination. Three school districts reported having perimeter fencing at all schools but not a single point of entry. Three other school districts, with a total of 45 schools, reported that 41 of the 45 schools have perimeter fencing. Four districts reported a mix of fenced and unfenced schools. One district reported that it has cameras and access control door systems, but no fencing. Three districts reported that they have no fencing, and one of those three commented that there "may be (community) opposition" to fencing. Based on the information available to the 2022-2023 Grand Jury, only one school district has implemented campus entry procedures that incorporate all the features recommended by the 2017-18 Grand Jury. Furthermore, even though at least 24 of the remaining 27 school districts have implemented some safety measures to protect the entryways into schools, most, if not all, could be accessed by an intruder. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 23 OF 59 392 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Therefore, the Grand Jury recommends all schools should review campus entry procedures. The review should include consideration of the use of perimeter fencing, a single point of entry, and the use of a camera and buzzer system to control entry into the main administrative office. 7 r __ --- .� kr .qh o >?. `&V7i+ti 1a:,4,,'. ti",y •tip::: •- w}•. .3 ^4 ,• ••i},,'./h y Aw.�r 1 v';';;y •S e n+.$i ?`•" �•, i yr r4',.,: • '•. ,�.•.;, ¢, '.�fhh K r .5.,; ;tC o • t .�fi „'� _ -, � 'X`k•'efka:. lR,, r,�kr'r nu , "' p.. "� t ' i � '� k�J,a;,t�• ri��'is+'� .iv 4` "`"• S•-, r"�" ,.c„y„sa >`s' ' x .•t .a '.rr '� ... : '`..8 � "rv".:+.,r� �`�,•� y'�Cy";,.�� ���'� sgy_.� �titi '"'S.tsw'—,�;k',`;"may c' :t1•e.-.. fta ` ~ is '^ •�" r. ;:vaz` `�f,�_«. µ•4 :i• r^'vn ��v-„ v?uV-.fir, - � i'os� , Y d •., w1s �. , 73• y �• .... .• iF`4w xr lC "kti. «5. .� carte � s#; ,� r ," as ° ijuk f G£r' .,,a- ',. '• § E _ r- rh�F , .40 :�4 4f��, I "' 6 .t. 4` ' k.�, '..• . ss As with most other security measures, there have been improvements in wire mesh fencing. The new fencing is more closely woven, making it more difficult to scale, and thus making campuses more secure. The Grand Jury believes this new fencing should be the preferred fencing for those school districts erecting new fences or replacing existing fences. Available School Safety Training Resources Stop the Bleed The Encyclopedia Britannica defines "First Aid" as "...measures to be taken immediately after an accident not with an idea to cure but in order to prevent further harm being done." Available people and material supplies are used at the site of an incident to provide initial care to the victim until more advanced care is secured. The objectives of First Aid: • To preserve and maintain life • To prevent the victim's condition from worsening • To aid in recovery The Stop the Bleed course teaches class participants three techniques to prevent loss of blood from a bullet wound: ORANGE COUNTY GRAND JURY 2022 12023 PAGE 24 OF 59 393 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS • How to use your hands to apply pressure to a wound • How to pack a wound to control bleeding • How to apply a tourniquet correctly - , t. .. ,.•� „ .' „..� ' f q a 7r : w le*i " t,t :•: ' :1''S';'.."-014 -7 cis, a ""` s v;� 1 T k , . wi? ,op i t, j •ter . 1.. ir, -, , „I. , ,. ...::,,, ,,,,,,:, , , ,,,„„, ,,,, , , 4 :::, i•-*---, 7 i..' r_: * ` Casualty Care Crisis Medicine is just one of the many contractors that provide emergency medical training for non-medical personnel. Members of the Grand Jury reviewed the Essential Casualty Care course and determined it to be realistic and well done. Tactical Emergency Casualty Care (TECC) is the basis for this type of training, and like the philosophy of Active Shooter Training is intended to prepare bystanders and survivors to react quickly to save lives by providing life support until the arrival of paramedics. This type of training is realistic enough to prepare individuals to act without experiencing shock and freezing in a life and death situation. Topics covered in this training included viewing gunshot wounds, learning how to focus on the most life-threatening damage first, and the different treatments available like tourniquets, packing the wound, pressure application, and splinting. Equipment and supply training is also given so that suitable trauma kits, hemorrhage control kits, tourniquet kits and other medical supplies can be pre-stocked and maintained at locations where an incident may occur. Knowledge Saves Lives Knowledge Saves Lives is one of many contractors that school districts can hire to help district and school personnel prepare for the likelihood of a potential school shooter. The primary benefit of such preparations is to improve reaction times, eliminating the initial human tendency to freeze, and to save lives when an incident does occur. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 25 OF 59 394 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Members of the Grand Jury attended one of these training sessions and were quite impressed with the willingness and intensity of the school district representatives and staff from the schools who attended training. Instructors were current or retired police officers knowledgeable in responding to an active shooter situation. The first element of training dealt with prevention and how to identify troubled potential perpetrators during the days or weeks prior to a shooting. Prevention includes always being aware of actions and words of individuals around us, and to say something when you see something. One of the surprising facts shared is that 91% of potential incidents fail because someone became aware of it and took appropriate action to report it. Situational awareness was presented as observing people and knowing the space around you. "Leakage" was identified as clues that someone may be disturbed and planning violent action. The other part of training focuses on Run, Hide, Fight which is intended to prepare staff for the three main options available to potential victims of an active shooter incident. Exercises were conducted with all participants in these three scenarios. Put simply, Run is putting distance between potential victims and the threat. Hide is primarily locking doors and obstructing views. Fight is locating and improvising a weapon, such as a fire extinguisher, and using it on the shooter. Participants were shown and then performed the steps to make such an effective attack. This training and practice are incredibly important to motor memory, so reaction times are shortened. The more quickly action is taken, the fewer casualties may occur. When law enforcement arrives: • Stay calm and follow instructions • Put down any items in your hands • Keep hands raised and visible at all times • Do not make any quick movements toward officers • Do not point, scream, or yell • Do not speak or ask questions when evacuating unless asked to do so by an officer. The Grand Jury recommends that all Orange County school districts incorporate Knowledge Saves Lives, Stop the Bleed, Casualty Care and Run, Hide Fight or some combination of this training for all schools in their district on a yearly rotating basis. ". . .the odds of your child's school being in a shooting in their lifetime is 1 in 62.51 or 1. 6%" (Web Site-Donovan and PsychLaw Journal) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 26 OF 59 395 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Mental Health Issues Background Studies When examining causes behind the epidemic of active shooter situations in our schools, it is helpful to consult the Federal Bureau of Investigation (FBI) as well as the United States Secret Service (USSS) and their extensive research in identifying behaviors exhibited by these shooters. In 2018, the FBI's Behavioral Analysis Unit produced a report entitled "Study of Pre Attack Behaviors of Active Shooters". The report opens with these reminders: • There is not one "profile" of an active shooter • There is no single warning sign, checklist, or algorithm for assessing behaviors that identifies a prospective active shooter • While impossible to predict violent behavior, it is possible to prevent some attacks via effective threat assessment and management strategies. This report is instructive for the purposes of this Grand Jury report because it identifies the most common stressors experienced by active shooters. These stressors include such things as financial strain, conflict with friends/peers, and conflict at school, but by far the one stressor that appears the most (62%) in the cases studied is mental health. The report indicated that "25% of active shooters had a diagnosed mental illness prior to the offense." The report further stated that of those who noted the concerning behavior of an individual such as mental health issues, 92% were identified by a schoolmate and 75% by a teacher/school staff, if the shooter was a student. In 2019, the United States Secret Service (USSS) and U.S. Department of Justice's National Threat Assessment Center (NTAC) issued a report, Protecting America's Schools-A United States Secret Service Analysis of Targeted School Violence. Among the key findings from the report were: • There is no profile of a student attacker, nor is there a profile for the type of school that has been targeted • Attackers usually had multiple motives, the most common involving a grievance with classmates • All attackers experienced social stressors involving relationships with peers and others • Most attackers were victims of bullying which was often observed by others • All attackers exhibited concerning behaviors. Most elicited concern from others and most communicated their intent to attack. The report further noted that the observable mental health symptoms displayed by attackers prior to their attacks were divided into three main categories: • Psychological (e.g., symptoms of depression, anxiety, anger, or suicidal ideation) • Behavioral (e.g., defiance/misconduct, aggression, or symptoms of ADD/ADHD) • Neurological (e.g., developmental delays or cognitive deficits) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 27 OF 59 396 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS "The fact that half of the attackers studied had received one or more mental health services prior to their attack indicates that mental health evaluations and treatment should be considered a component of a multidisciplinary threat assessment but not a replacement... Mental health professionals should be included in a collaborative threat assessment process that also involves teachers, administrators, and law enforcement." In 2021, the USSS produced a report, "Averting Targeted School Violence"which amongst many salient points, addressed the issue of Mental Health as it pertains to active school shooters. They found that: • "Many plotters (70%) exhibited behaviors indicating the presence of some type of mental health symptom in the time leading up to, or around, the discovery of their plots." • "Information on these factors was evident in their journal writings, statements and behaviors observed by others, and histories of prior mental health treatment." • "Though some of the subjects were born with psychiatric or neurological conditions, others had mental health issues as a result of severe life stressors." Finally, in the 2021 Report on Indicators of School Crime and Safety produced by the Institute of Educational Sciences (IES), the issue of Mental Health was identified as one of the indicators they studied. They found the following: • In 2019-20 (prior to the pandemic), 55% of public schools reported providing diagnostic mental health assessment services which were used to evaluate mental health disorders displayed by students in their schools. • Only 42% offered mental health treatment for those mental health disorders. • These services were more likely to be found in middle and high schools than in elementary schools. • A majority of schools (54%) indicated that inadequate funding limited the mental health services they could provide. These studies serve as factual evidence that schools and school districts should be, if they are not already, considering mental health issues when preparing their safety plans. The COVID-19 pandemic served to heighten the awareness of mental health issues which students everywhere were exhibiting because of the use of distance learning and its subsequent isolating factors. In a relatively short period of time, students in Orange County and across the nation found themselves cut off from not only friends and familiar activities, but for many, a safe and supportive school environment. They were thrown even deeper into the world of social media, leading many to develop the mental health stressors and signals identified in the cited reports. The pandemic has created a generation of students who now are trying to cope with a return to what for many is an "alien" environment. Consider students who were just starting school when schools were forced to close. For more than two years at a very crucial time in their lives, these students were unable to experience the socialization process necessary to provide them with many of the tools necessary for their educational success and mental well-being. What is the overall impact on their educational experience? When one considers the disruption caused on all grade levels, ORANGE COUNTY GRAND JURY 2022 12023 PAGE 28 OF 59 397 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS is there any doubt that the issue of the mental health of our students has to be at the heart of addressing the issue of active shooters? Status of Mental Health Programs in Orange County Public Schools The Grand Jury interviewed many school district and school site administrators along with representatives from a number of law enforcement agencies. The Grand Jury found the issue of Wellness Centers has gained acceptance primarily on the high school level and in some middle schools. Many elementary schools are still struggling to establish effective mental health programs. The major problem facing all school districts is funding. With the passage of the American Rescue Plan (ARP) by Congress in response to the pandemic, many districts chose to use funds to expand their mental health capabilities. This has resulted in additional school psychologists, social workers, counselors and behavioral interventionalists being assigned to school sites. However, many principals shared that a full-time school psychologist has little time for mental health issues as they have to administer numerous tests for students with special needs as well as for other programs. Some elementary schools have turned to parent support organizations to raise funds for outside agencies to assist with the mental health needs of their students. While law enforcement agencies do not usually have input in the area of mental health in schools, they are willing to engage with school officials when dealing with mental health issues particularly if the school has an assigned SRO. In addition, the Orange County Sheriff's Department (OCSD) employs what they designate as School Mobile Assessment & Resource Teams (SMART) who can and do involve themselves in mental health issues upon the request of school administrators. A few of Orange County's city police departments have joined with the OCSD to have a representative on a SMART team, however this relationship should be expanded. An incident from the 2019 USSS-NTAC report Protecting America's Schools is an illustration of mental problems in schools: "A 16-year-old student shot his high school principal in the arm before his weapon malfunctioned. Prior to this incident, the attacker exhibited a wide range of symptoms typically associated with depression. He began to isolate himself after his parent's divorce and while he had played multiple sports and enjoyed video games, the attacker withdrew from these activities as his depression worsened. He began going to school without shaving, showering, or washing his hair, and multiple people noted his body odor. The student reported feeling helpless, hopeless, and worthless and he said he had low energy, trouble sleeping, reduced appetite, decreased interest in activities and impaired concentration. His grades began to decline. He often sat alone in his room in the dark. He began having suicidal thoughts and came close to killing himself prior to the incident. According to media reports, a state psychiatrist concluded that mental illness played a role in the attacker's actions in carrying out the incident." Conclusion The good news from the information provided to the Grand Jury by many school administrators and law enforcement representatives is that Orange County public ORANGE COUNTY GRAND JURY 2022 12023 PAGE 29 OF 59 398 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS school districts do acknowledge, that now more than in the past, they need to address the mental health issues found in their student bodies and they are doing so. However, more needs to be done to identify students having mental health issues, whether they be psychological, behavioral, or neurological. Ensuring that mental health or wellness centers on campuses are staffed by competent professionals, particularly at the middle and high school level, should be a high priority. These centers can be instrumental in helping to create a supportive school climate. In 2020, Children's Hospital of Philadelphia's Center for Violence Prevention (CVP) issued a "white-paper" on mass shootings in schools. It identified a supportive school climate as being highly significant in preventing school shootings. The CVP noted that in this kind of environment: • Students feel safe to talk to each other and to staff • There is a mutual trust and respect among students and school staff • There is on-going dialogue and relationships with family and community members that interact with the school • There is adequate support, training, and resources for school staff The Grand Jury strongly recommends that all Orange County public school districts work to provide mental health services to all schools in each district as an effective tool in helping to prevent potential active shooter incidents. "A cohesive and supportive school environment is key to preventing school shootings. " (Children's Hospital of Philadelphia-CVP) FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) Responses from each agency affected by the Findings presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled School Shootings: How Prepared Are Orange County Public Schools? the 2022-2023 Grand Jury has arrived at twelve Findings, as follows: F1 Law enforcement, first responders, and other stakeholders have demonstrated a strong interest in working cooperatively with Orange County public schools to mitigate the risk of an active shooter incident; establishment of MOUs between law enforcement and school districts would strengthen this cooperation. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 30 OF 59 399 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS F2 All Orange County public schools studied by the Grand Jury stated that they conducted or have scheduled drills within the current school year on emergency procedures addressing intruders on campus, but not all have done so specifically regarding armed assailants. F3 While all districts prioritize the safety of students and staff, the attention and resources devoted to active shooter preparedness and response vary from district to district. F4 Safety and security plans for on-campus before and after-school programs are not adequately addressed by school districts. F5 While many Orange County public schools have installed fences, cameras, and other methods to address the issue of active shooters on a campus, there are still opportunities for improvement. F6 Not all schools utilize a system for monitoring campus visitors. F7 While there is an increased awareness of the benefits of mental health counseling, not all school districts have implemented these programs in all schools. F8 School Resource Officers (SROs) are a valuable asset for school safety, yet many cities/districts do not allocate sufficient funds to hire needed officers. F9 Not all classrooms have window shades, tinted glass, or film to obstruct the interior view from the outside. F10 The camera surveillance systems utilized on many campuses require repairs, replacement, or additions. F11 Many schools do not have perimeter fencing completely enclosing their campus. F12 A number of school districts have school site administrative offices that remain unlocked on a daily basis. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 31 OF 59 400 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the Recommendations presented in this section. The Responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled School Shootings: How Prepared Are Orange County Public Schools? the 2022-2023 Grand Jury makes the following thirteen Recommendations: R1 Each Orange County school district should arrange for local law enforcement to do an annual safety inspection of each school. The written safety checklist should include an audit of the integrity of site boundaries and a review of safety plans and policies. This annual safety audit should commence with the 2023-24 school year by October 1, 2023, and annually thereafter. (F1, F10, F11) R2 All Orange County school districts should establish a threat identification and assessment system for all school sites to monitor social media, screen for messages of concern, and manage information received in coordination with local law enforcement using MOUs, if necessary, by July 1, 2024. (F1, F3) R3 Each Orange County school district, in conjunction with law enforcement, should develop and implement tabletop exercises to be conducted in district schools by December 31, 2023, and annually thereafter. (F2) R4 Each Orange County school district should work with local law enforcement to plan and conduct a district-wide active shooter drill by July 1, 2024, and at least every other year thereafter. (F2) R5 All Orange County school districts should develop a casualty care training program for each school in their district, to be in place by the end of the first semester of the 2023-24 school year and provided annually thereafter. (F3) R6 Safety and security plans for on-campus before and after-school programs need to be addressed more thoroughly by school districts, by July 1, 2024. (F4) R7 Each Orange County school district should obtain and incorporate perimeter camera systems in all district schools by July 1, 2024, or earlier if financially able to do so, and investigate the potential use of cameras that incorporate Artificial Intelligence to enhance threat detection and prevention. (F5, F10) R8 All Orange County school districts should review entry procedures on all campuses with an eye toward the use of perimeter fencing, the use of single point entry, and the use of a buzzer and camera system for entry into the main/administrative offices. (F5, F12) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 32 OF 59 401 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS R9 Each Orange County school district should Identify and implement a parent and visitor management system for each school site within the school district. This is to include identified access points, badges, or a similar identification procedure to be implemented by July 1, 2024. (F6, F11, F12) R10 Each Orange County school district should implement training for all staff to identify threat-related behaviors and provide a procedure for reporting the behavior by the beginning of the 2024-25 school year. (F7) R11 All Orange County school districts should develop a plan to implement or enhance mental health counseling for all schools by December 31, 2024. (F7) R12 Each Orange County School District should assess the need for SROs or additional SROs, reaching out to appropriate community partners to facilitate funding by July 1, 2024. (F8) R13 All Orange County school districts should investigate and consider bullet resistant or tinted film covering for school windows by December 31, 2023. (F9) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 33 OF 59 402 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS REQUIRED RESPONSES California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official's control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefor. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary/or personnel matters over which it has some decision-making authority. The ORANGE COUNTY GRAND JURY 2022 12023 PAGE 34 OF 59 403 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are required from the governing body of each school district below: Findings - 90 Day Response Required Anaheim Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Anaheim UHSD F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Brea-Olinda Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Buena Park Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Capistrano Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Centralia Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Cypress Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Fountain Valley F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Fullerton Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Fullerton Joint UHSD F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Garden Grove Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Huntington Beach City F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, E11, F12 Huntington Beach UHSD F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Irvine Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Laguna Beach Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 La Habra City F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Los Alamitos Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Lowell Joint Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Magnolia School F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Newport-Mesa Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Ocean View Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Orange Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Placentia-Yorba Linda F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Saddleback Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Santa Ana Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Savanna School F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Tustin Unified F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Westminster Elementary F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Anaheim F1, F8 City of Costa Mesa F1, F8 City of Fountain Valley F1, F8 City of Fullerton F1, F8 City of Garden Grove F1, F8 City of Huntington Beach F1, F8 City of Irvine F1, F8 City of Los Alamitos F1, F8 City of Newport Beach F1, F8 City of Orange F1, F8 O.C. Sheriffs Department F1, F8 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 35 OF 59 404 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Recommendations - 90 Day Response Required Anaheim Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Anaheim UHSD R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Brea-Olinda Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Buena Park Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Capistrano Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Centralia Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Cypress Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Fountain Valley R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Fullerton Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Fullerton Joint UHSD R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Garden Grove Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Huntington Beach City R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Huntington Beach UHSD R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Irvine Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Laguna Beach Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 La Habra City R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Los Alamitos Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Lowell Joint Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Magnolia Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Newport-Mesa Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Ocean View Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Orange Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Placentia-Yorba Linda R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Saddleback Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Santa Ana Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Savanna Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Tustin Unified R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 Westminster Elementary R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, R13 City of Anaheim R1, R3, R4, R12 City of Costa Mesa R1, R3, R4, R12 City of Fountain Valley R1, R3, R4, R12 City of Fullerton R1, R3, R4, R12 City of Garden Grove R1, R3, R4, R12 City of Huntington Beach R1, R3, R4, R12 City of Irvine R1, R3, R4, R12 City of Los Alamitos R1, R3, R4, R12 City of Newport Beach R1, R3, R4, R12 City of Orange R1, R3, R4, R12 O.C. Sheriffs Department R1, R3, R4, R12 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 36 OF 59 405 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS GLOSSARY Active Shooter The U.S. Department of Homeland Security defines an active shooter as "an individual actively engaged in killing or attempting to kill people in a confined and populated area... in most cases, active shooters use firearms and there is no pattern or method to this selection of victims." Al Artificial Intelligence The simulation of human intelligence in machines that can learn and problem solve. Casualty Care Program Teaches fundamentals of casualty care including how to treat casualty victims, what steps to take to prevent loss of life, and how to save lives while under active fire, among other topics. CDC U.S. Centers for Disease Control and Prevention-The national public health agency of the United States. CDE California Department of Education CHDS Center for Homeland Defense and Security-Develops programs and resources to advance the study of homeland security research, scholarship, and professional disciplines to enhance U.S. National Security and Safety. CHP COPS Hiring Program-A competitive grant program sponsored by the U.S. Department of Justice to provide funding directly to law enforcement agencies to hire additional career law enforcement officers to increase community policing capabilities and crime prevention. COPS Community Oriented Policing Services-Part of the U.S. Department of Justice that is responsible for advancing the practice of community policing through various means such as competitive grants. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 37 OF 59 406 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS CSSP Comprehensive School Safety Plans-Sections 32280-32289 of the California Education Code requires that all public school districts develop policies and procedures in response to common safety issues, including violence. CSTAG The Comprehensive School Threat Assessment Guidelines, originally known as the Virginia Student Threat Assessment Guidelines, is an evidence-based model for schools to use in conducting threat assessments of students. DEE Distance, Evade, Engage or Deny, Evade, Engage-Language used to describe how individuals/groups should respond to an active shooter situation. DOJ U.S. Department of Justice DSO District Safety Office-Term used by school districts to describe non-law enforcement personnel who help provide safety and security on school campuses. FEMA Federal Emergency Management Agency-Part of the Department of Homeland Security (DHS) that coordinates responses to disasters beyond the level states and local agencies can handle. IES Institutes of Educational Sciences-Independent, non-partisan, statistical research and evaluation arm of the U.S. Department of Education. KFF Kaiser Family Foundation-Non-profit organization dealing with health policy in the United States. Lock-Bloc Device used in many schools to ensure that a classroom or office door can be locked quickly in case of emergency. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 38 OF 59 407 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS NASRO National Association of School Resource Officers-Professional organization serving the needs of School Resource Officers across the United States. NTAC National Threat and Assessment Center-Provides guidance and support to the United States Secret Service. OCDE Orange County Department of Education OCIAC Orange County Intelligence Assessment Center-Provides an integrated, multi- disciplined, informational and intelligence sharing network to collect, analyze and disseminate information on all criminal risks and safety threats to law enforcement, fire, health, private, and public sector stakeholders in a timely manner in order to protect residents, visitors, and critical infrastructure while ensuring the civil rights and civil liberties of all persons are recognized. OCSD Orange County Sheriffs Department PASS Preparing for Active Shooter Situations-Program from the U.S. Department of Justice designed to meet the goals of COPS by offering `scenario-based' courses designed to counter active shooters. RAPTOR System A company founded in 2002 that has partnered with many school districts in the U.S., to provide integrated visitor management systems. RHF Run, Hide, Fight-Language used to describe how individuals/groups should respond to an active shooter situation. SAVD-SS School-Associated Violent Death Surveillance System-Sponsored by the CDC, providing the most recent details available on school associated violent deaths while helping to inform efforts to prevent school violence. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 39 OF 59 408 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS SMART School Mobile Assessment and Resource Team-Part of the OCSD, this group works with school officials to address situations and incidents related to violence, threats, possession of or use of weapons, unstable behaviors, and suicidal tendencies by students. SRO School Resource Officer-Sworn law enforcement officers responsible for safety and crime prevention in schools who are employed by local police or sheriff departments and work closely with school administrators. SRP Standard Response Protocol-Provides consistent, clear shared language and actions among all student, staff and first responders which can be applied in any emergency. SVPP School Violence Prevention Program-Grants given to states and local agencies to improve safety and security on school campuses. SWAT Special Weapons and Tactics-A designated law enforcement team whose members are recruited, selected, trained, equipped, and assigned to resolve critical incidents involving a threat to public safety which would otherwise exceed the capabilities of local law enforcement departments. Table-Top Exercises An informal discussion-based session in which a team discusses their roles and responses during an emergency, walking through one or more scenarios. TECC Tactical Emergency Casualty Care-Based on military response to casualty care. USDE U.S. Department of Education USSS United States Secret Service ORANGE COUNTY GRAND JURY 2022 12023 PAGE 40 OF 59 409 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS VMS Visitor Management System-Used to control access to school campuses. WETIP Strives to be the most effective anonymous citizen's crime reporting resource, providing intelligence and information to local, state, and federal authorities. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 41 OF 59 410 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS REFERENCES • ABC News Broadcast of March 23, 2023; Reporting by Morgan Winsor, Briana Stewart, Jaclyn Lee • Active Shooter Event-Quick Reference Guide-Department of Homeland Security (DHS) 2023 • California Assembly Bill 1747 • Educators Getting Trained to Run, Hide, Fight' Deborah Sullivan Brennan, San Diego Union-Tribune, October 29, 2016 • Essential Casualty Care on-line brochure • "Fact Check: Are Firearms the Leading Cause of Death in Children?" Jill T. Ramos, Austin American Statesman June 7, 2022 • "Implementing a School Tip Line? New Research Provides a Blueprint"- M. Planty, D. Banks, S. Cutbush, and J. Sherwood National Institute of Justice June 29, 2020 • K-12 School Shooting Statistics-Center for Homeland Defense and Security (CDHS) 2021 • Knowledge Saves Lives on-line brochure • "Mass Shootings in Schools"-Children's Hospital of Philadelphia's Center for Violence Prevention 2020 • National Association of School Resource Officers (NASRO) Website March, 2023 • Protecting America's Schools: Analysis of Targeted School Violence Report- United States Secret Service-2019 • Report on Indicators of School Crimes and Safety-2021 Institute of Educational Services (IES), United States Department of Education (USDE), United States Department of Justice (DOJ) 2022 • "Safer Schools-What Can We Do?" Orange County Grand Jury Report 2017-18 • "School and Law Enforcement Partnerships" National Center for School Safety- 2023 • "School Resource Officers Revisited" Marin County Civil Grand Jury Report 2019 • School Safety.gov • Study of Pre-Attack Behaviors of Active Shooters Report-Federal Bureau of Investigation (FBI) 2018 • Survey of SROs-Education Week Research Survey 2018 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 42 OF 59 411 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS APPENDICES Appendix A Active Shooter Incidents in U.S. Schools Since 1999* (Material from Wikipedia) Date Location School Deaths Injuries 3/27/2023 Nashville, TN Covenant School 6 0 3/22/2023 Denver, CO East High 0 2 2/13/2023 East Lansing, MI Michigan State Univ. 5 9 12/8/2022 Tallahassee, FL Florida A & M Univ. 1 4 11/13/2022 Charlottesville, VA University of VA 3 2 10/24/2022 St. Louis, MO Central V & P High 3 7 5/24/2022 Uvalde, TX Robb Elementary 22 18 11/30/2022 Oxford, MI Oxford High 4 7 11/14/2019 Santa Clara, CA Saugus High 3 3 5/18/2018 Santa Fe, NM Santa Fe High 10 14 2/14/2018 Parkland, FL Stoneman-Douglas High 17 17 1/23/2018 Benton, KY Marshall County High 2 16 12/7/2017 Aztec, NM Aztec High 3 0 4/10/2017 San Bernardino, CA North Park Elementary 3 1 9/28/2016 Townville, SC Townville Elementary 2 3 12/12/2014 Portland, OR Rosemary Anderson High 0 4 10/24/2014 Marysville, WN Marysville Pilchuck High 5 1 12/14/2012 Newtown, CT Sandy Hook Elementary 28 2 2/27/2012 Chardon, OH Chardon High 3 3 10/2/2006 Bart Township, PA West Nickel Mines Elem. 6 5 4/14/2003 New Orleans, LA John Mc Donogh High 1 3 3/5/2001 Santee, CA Santana High 2 13 5/20/1999 Conyers, GA Heritage High 0 6 4/20/1999 Littleton, CO Columbine High 15 24 *Does not include shootings such as by gangs, or revenge shootings around a school or on streets or parking lots near a school. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 43 OF 59 412 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Appendix B Comprehensive School Safety Plans Best practice considerations and resources for reviewing and approving plans. On September 27, 2018, Governor Brown signed into law Assembly Bill 1747-School Safety Plans. You will find AB 1747 in the California Legislative Information web page. Key provisions of California Education Code (EC) include requiring local educational agencies (LEAs) and the California Department of Education (CDE) to include and post requirements for new content and procedures in the Comprehensive School Safety Plans (CSSPs), which have been implemented. The law requires the California Department of Education (CDE) to develop and post on its website best practices for reviewing and approving school safety plans. In 2020-21 the CDE implemented a statewide survey of local educational agencies (LEAs), school safety administrators, and stakeholders to gather information on current practices, challenges, and resources to assist in developing this content. The state and federal guidance and resources below are provided to assist LEAs in reviewing and approving Comprehensive School Safety Plans (CSSPs). Guidance includes recommendations from the California State Auditor (CSA) Report 2016-136 School Violence Prevention. The CSA Report 2016-136 School Violence Prevention can be found on the CSA's web page. Background The California Constitution guarantees California children the right to attend public schools that are safe, secure, and peaceful. The CDE, public school districts, county offices of education (COEs), and schools and their personnel are responsible for creating learning environments that are safe and secure. First responders, community partners, and families play an essential role, as well. Schools must be prepared to respond to emergencies including natural and man-made hazards and strive to prevent violence and behavior issues that undermine safety and security. CSSPs include strategies aimed at the prevention of, and education about, potential incidents involving crime and violence on the school campus and aspects of social, emotional, and physical safety for both youth and adults. California Education Code Sections 32280-32289.5: Comprehensive School Safety Plans California Education Code (EC) Section 32281(a) requires every kindergarten through grade twelve school, public and public charter, including community and court schools, to develop and maintain a CSSP designed to address campus risks, prepare for emergencies, and create a safe, secure learning environment for students and school ORANGE COUNTY GRAND JURY 2022 12023 PAGE 44 OF 59 413 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS personnel. In a school district with fewer than 2,501 units of average daily attendance, there may be one CSSP for all schools within the district. The law requires designated stakeholders to annually engage in a systematic planning process to develop strategies and policies to prevent and respond to potential incidents involving emergencies, natural and other disasters, hate crimes, violence, active assailants/intruders, bullying and cyberbullying, discrimination and harassment, child abuse and neglect, discipline, suspension and expulsion, and other safety aspects. Schools, districts, and COEs all play a role in effective school safety planning and are responsible for familiarity with, and fulfillment of, applicable requirements of EC sections 32280-32289.5. Timeline for the Comprehensive School Safety Plan The law requires that each school update and adopt its CSSP by March 1 annually. It requires that the school district or COE approve CSSPs. EC does not specify a date by which the safety plan must be approved by the district; however, the school district or COE must annually notify the CDE by October 15 of any school(s) that have not complied with requirements. Effective school safety planning must be a dynamic, ongoing process with plans being reviewed and evaluated regularly, and after critical incidents. For full section from CDE website, go to: Comprehensive School Safety Plans - Violence Prevention (CA Dept of Education) https://www.cde.ca.gov/Is/ss/vp/cssp.asp ORANGE COUNTY GRAND JURY 2022 12023 PAGE 45 OF 59 414 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Appendix C ,�y: a ,4,rNs. ;s ;s y Orange County Sheriff's Department School Resource Officer Program Active Shooter Tabletop Exercise Situation Manual Date: Tuesday, December 6, 2022 This Situation Manual (SitMan) provides exercise participants with all the necessary tools for their roles in the exercise. Some exercise material is intended for the exclusive use of exercise planners,.facilitators, and evaluators,but players may view other materials that are necessary to their performance. All exercise participants may view the SitMan. 1 For Exercise Use Only ORANGE COUNTY GRAND JURY 2022 12023 PAGE 46 OF 59 415 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS EXERCISE AGENDA Time Activity 1300—1310 Welcome and Participant Briefmg 1310—1335 Module One:Preparedness 1335—1400 Module Two:Incident Response 1400—1425 Module Three:Re-Unification 1425—1430 De-Brief 1430 Exercise End *All times are approximate 2 For Exercise Use Only ORANGE COUNTY GRAND JURY 2022 12023 PAGE 47 OF 59 416 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS EXERCISE OVERVIEW Exercise Name School Active Shooter Tabletop Exercise Exercise Date Tuesday,December 6,2022; 1300-1430 This one and a half hour facilitated exercise will feature discussion on the preparedness,coordination,and response of Law Enforcement resources Scope in the response to an Active Shooter Incident. Mission Area(s) Prevention,Protection,and Response • Screening, Search,and Detection Core • Operational Coordination Capabilities • Interdiction and Disruption 1. Discuss current plans,policies and procedures for the potential mitigation of an active shooter in a school environment. 2. Evaluate plans to evacuate all affected areas,including notification of Objectives any evacuation,traffic control,security,student accountability,and operational coordination. 3. Discuss anticipated response from law enforcement and required communication between response agencies,schools,and the public. Thteat.or Active Shooter Hazard The scenario focuses on an active shooter affecting areas in southeastern Scenario Orange County.The scenario consists of three modules:Incident notification and initial response,incident expansion,and investigation. • Orange County Sheriff's Department School Resource Officer Program Sponsor 3 For Exercise Use Only ORANGE COUNTY GRAND JURY 2022 12023 PAGE 48 OF 59 417 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS GENERAL INFORMATION Participant Roles and Responsibilities The term participant encompasses many groups of people. Groups of participants involved in the exercise,and their respective roles and responsibilities,are described below: • Players.Players are personnel who have an active role in discussmg or performing their regular roles and responsibilities during the exercise. Players discuss or initiate actions in response to the exercise scenario. • Observers.Observers do not directly participate in the exercise.They may support the development of player responses to the situation during the discussion by providing subject matter expertise and asking relevant questions. • Facilitators.Facilitators provide situation updates and moderate discussions.They keep the discussions focused on the objectives,prevent distractions,and keep the exercise on schedule. Facilitators may also provide additional information or resolve questions as required.Key Exercise Planning Team members also may assist with facilitation as subject matter experts(SMEs)during the exercise. Exercise Structure This exercise will be a discussion-based,facilitated exercise. Players will participate in the following modules: • Module One: Preparedness • Module Two: Incident Response • Module Three: Re-Unification Each module begins with a summary of key events.After the updates,participants will review the situation and engage in discussions of appropriate response issues. Exercise Guidelines • The scenario and exercise design is a collaboration between all stakeholders. • This exercise will be held in an open,low-stress,no-fault environment. Participants should expect varying viewpoints,even disagreements. • Respond to the scenario using your knowledge of current plans and capabilities and insights derived from your understanding of plans,policies, and procedures. • Decisions are not precedent setting and may not reflect your organization's final position on a given issue.This exercise is an opportunity to discuss and present multiple options and possible solutions. • Issue identification is not as valuable as suggestions and recommendations that could improve response and recovery efforts. Exercise participants will benefit most when they focus on problem solving efforts. 4 For Exercise Use Only ORANGE COUNTY GRAND JURY 2022 12023 PAGE 49 OF 59 418 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Exercise Assumptions and Artificialities In any exercise,assumptions and artificialities will be necessary to complete play in the time allotted. Although everyone may not agree with exactly how the scenario is presented,they will benefit most when they leverage the scenario as the driver to stimulate their discussions and inputs. During this exercise,the following apply: • The scenario for this exercise is artificial. • The exercise is conducted in a no-fault learning environment wherein capabilities,plans, systems,and processes will be evaluated(not the participants). • The exercise scenario is plausible. • There are neither"hidden agendas"nor any"tnck-questions." • All players receive information at the same time. 5 For Exercise Use Only ORANGE COUNTY GRAND JURY 2022 12023 PAGE 50 OF 59 419 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Appendix D Department of Homeland Security School Safety Assessment Checklist The survey includes the following seven primary topic areas: (1) Security— Emergency Management: Security management refers to the people, plans, and procedures that a K-12 school has in place to deal with security issues, including but not limited to active-shooter issues. Factors that contribute to the effectiveness of security and emergency management efforts at schools include the designation of a security manager; existence of security and emergency operations plans; commitment to training and exercises on these plans;procedures for handling suspicious objects; and engaging in preparedness and security working groups with external partners. Schools may use different names for a security plan or incorporate elements of a security plan into broader emergency operations plans, which outline the school's approach to operations before, during, and after an emergency. Understanding which activities occur at an individual school level and which activities occur at the school district level are important considerations for K 12 school personnel to factor into their security and emergency management practices. (2) Security Force: A security force is a group of school employees or contractors whose sole responsibilities are to provide security at a school. A security force does not include general school personnel who are trained in security awareness (Le., observe and report) in addition to their regular duties. Security forces at schools may include school resource officers (SROs), who are sworn law enforcement officers responsible for safety and crime prevention in schools. A local police department, sheriff's agency, or school system typically employs SROs who work closely with school administrators in an effort to create a safer environment. The responsibilities of SROs are similar to regular police officers in that they have the ability to make arrests, respond to calls for service, and document incidents that occur within their jurisdiction. Some schools may have a dedicated SRO who is assigned full-time to an individual school. Other schools may have SROs who balance responsibilities at multiple schools within a district. Other models may involve full- or part-time private security personnel serving in security force roles, or school officials serving in multiple roles that include but are not limited to security. In this section, a school is considered to have security force only if it has people whose sole responsibilities are to provide security. (3) Entry Control: Controlling how and when faculty, staff, students, and visitors can access school buildings and grounds is considered an effective mechanism for protecting against different threats, including active shooters. These controls can include minimizing the number of points of entry, requiring identification, or conducting searches. However, these entry controls may sometimes run counter to the overarching objective of creating an open learning environment at K-12 ORANGE COUNTY GRAND JURY 2022 12023 PAGE 51 OF 59 420 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS dliin schools. Entry controls are part of the broader layers of defense that schools have in place to enhance security. These layers of protective measures are deployed in concentric circles around a school, starting at the outer perimeter and moving inward to areas with the greatest need for protection. Entry controls can help deter individuals from initiating violent attacks, detect attacks earlier at a safe distance, and delay attackers from reaching vulnerable and/or highly populated locations. 4) Fencing and Gates: Fences are barriers enclosing or bordering a school that are used to prevent entrance, contain people to particular areas, or mark a boundary. Gates are openings in that perimeter that allow people or vehicles to pass through at controlled points of entry. Together, fences and gates are part of the broader layers of defense that schools have in place to protect against a spectrum of security issues, including but not limited to active shooters. These layers of protective measures are deployed in concentric circles around a school, starting at the outer perimeter and moving inward to areas with the greatest need for protection. Often fences are installed at a school for the purpose of protecting people and property from harm or damage from playground or sports items. These sections of fence may serve dual purposes of security and protection. However, when looking at fence lines, school officials should consider all sections of the fence, not just the tallest, newest, or what appears to be most secure. Areas where a person could easily penetrate the fence line and access the property are also important to evaluate. Fences and gates may deter or delay active-shooter intrusion. Fence construction may include different materials (e.g., chain link, wood, wrought iron, plastic), heights, anchoring, and other features (e.g., barbed wire along the top, privacy screening, outriggers). Similarly, gates can apply to vehicles and pedestrians and may include moveable bollards, roller or slide gates, swing gates, or turnstiles, among other construction options. It is understood that use of fences or gates is simply not practical in many locations. In that case, the building envelope, in particular windows and doors and the entry control process are the primary elements to deter or delay. (5) Parking and Barriers: Parking and barriers are part of the broader layers of defense that schools have in place to enhance security. These security measures may be considered more relevant to explosive threats (i.e., where standoff distance is important) or vehicle ramming threats (i.e., where high-speed avenues of approach are a concern). However, parking controls and barriers can also help deter individuals from initiating armed attacks; detect these attacks earlier at a safe distance; and delay attackers from reaching vulnerable and/or highly populated locations on school grounds. Monitoring parking areas for suspicious or illegal vehicle placement can include viewing the parking area via security cameras, requiring onsite security personnel to conduct patrols, or maintaining incidental visual contact through windows. Vehicle screening processes may also uncover weapons that individuals plan to use in active- shooter attacks. ORANGE COUNTY GRAND JURY 2022 12023 PAGE 52 OF 59 421 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS (6) Building Envelope: Building envelope is the exterior face of a school building, including walls, roof, windows, and doors. The building envelope provides a significant layer of defense but also includes notable vulnerabilities (i.e., doors, windows) that are important to consider for physical security. Construction materials for doors and windows in particular influence the effectiveness of these features in deterring, delaying, or denying active-shooter attacks. For doors, options include metal- or wood-framed glass; solid- or hollow-core wood; fire- rated steel or aluminum; hollow steel; metal clad; or blast-resistant. Windows may include tempered glass; wire-reinforced glass; laminated glass; bullet-proof glass; and blast-resistant safety films. Access to utilities and fire alarms are important physical security considerations in active-shooter situations because attackers can coopt these features to create diversions or complicate response efforts. Portable buildings that are used for classrooms often add unique challenges. Portable buildings or temporary structures used for classrooms often do not have the same construction features as the primary building. Thus, windows and doors will not have the same level of security. Often the portable buildings are located in unsecured areas that provide easy access to an attacker. If a school has portable buildings and eliminating their use is not practical, additional security measures are often necessary, including increased monitoring, assigned security personnel, retrofitting doors and locks, or ballistic protection on the windows. Securing these school building features as part of steady-state efforts may deter attackers from attempting to exploit them. 7) CCV— VSS: CCV and video surveillance systems (VSS) are electronic systems of cameras, control equipment, recorders, and related apparatus used • for surveillance or alarm assessment. These systems can help deter individuals from initiating armed attacks and detect these attacks earlier at a safe distance. CCVNSS technology options include a range of technologies (i.e., digital or analog, fiber or wireless transmission) and features (Le., color or black-and-white video, adjustable side-to-side or up-and-down movement of cameras, wide-angle or zoom views). They also can include software that helps identify anomalies and ultimately the ability of users to identify suspicious behaviors. Schools may have dedicated security staff who monitor these systems in real time, or they may only view recorded information in response to specific incidents or inquiries. Following an incident, CCVNSS data can provide valuable forensic information that first responders can use in response efforts and follow-on investigations. Surveillance cameras can be used to monitor common areas that are not within the normal view of teachers, administrators, or security personnel. Video surveillance can also streamline access control procedures, allowing administrative or security personnel to monitor and control locked entrances remotely when used with intercoms and remote control door locks, if practical. Access to full school survey: School Security Assessment Tool (SSAT) I CISA (https://www.cisa.gov/school-security- assessment-tool) ORANGE COUNTY GRAND JURY 2022 12023 PAGE 53 OF 59 422 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Appendix E 2022-2023 Orange County Grand Jury School Safety Questionnaire For Public Schools Mailing Address: OC Grand Jury, 700 W Civic Center Dr, Santa Ana, CA 92701 e-mail Address: grandiurvsupport(aoccourts.orq Admonition: This correspondence and your response to it are strictly confidential. This confidential document may only be discussed with those individuals responsible for or needed to answer the survey questions. This means that the contents of this survey and your answers are not to be released to the public or shared with anyone not directly involved in responding without the prior written authorization of the Orange County Superior Court or Orange County Grand Jury. The Grand Jury assures you that it will maintain the confidentiality of site-specific information provided in each response, will not publicly disclose anything that could lead to the identity of any respondents, and thanks you in advance for your cooperation. School District: Public School: Grade Levels: Enrollment: Respondent's Name and Title: Phone Number: e-mail: Response Date: Note: If more room is required to provide the requested information, you may include an additional document numbered to indicate the question. 1. Does your school have a Yes Comprehensive School Safety Plan No (also select 'Other' and explain) (CSSP)? Other (please explain): 2. How often is the CSSP updated and Annual approved? Other (please explain) 3. Does your school perform a Safety Yes Assessment as part of the CSSP Other (please explain) development process? 4. Does your school have a written Yes policy (or policies) and/or District Policy Only procedure(s) regarding visitor access No to your school campus during school hours? ORANGE COUNTY GRAND JURY 2022 12023 PAGE 54 OF 59 423 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS Please submit your CSSP, Safety Assessment, and all School Safety policies and procedures to the Grand Jury, preferably electronically to the e-mail address: grandiurvsupporMoccourts.org near the top of this page, including policies and procedures that address approved visitor lists, visitor rules and protocols, intruders or unauthorized persons and response protocols, active shooter protocols, lockdowns, evacuations, student release and other related topics. 5. Who is responsible for campus Principal access policy development, periodic Additional School Administrators reviews, approval, and/or training? District Superintendent (Check all that apply) District Administrators and/or Staff School Board Crisis Team Leaders School Site Council Local Law Enforcement Outside Consultants Other (please list) 6. A printed or electronic copy of the District Administrators campus access policy is distributed to: School Administrators (Check all that apply) Teachers Substitute Teachers Support Staff Maintenance Staff Parents Students School Volunteers Law Enforcement Other (please list) 7. The campus access policy is available English in the following languages: Spanish (Check all that apply) Vietnamese Korean Other (please list) 8. What funding sources has your school Bond Issue(s) utilized to finance school safety Federal Funds/Grants improvements? State Funds/Grants Fundraisers Philanthropic Entities/Donations Other ORANGE COUNTY GRAND JURY 2022 12023 PAGE 55 OF 59 424 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS 9. What are the attributes of the fence Ten feet and higher installed around your school? Eight to ten feet (Check all that apply) Six to eight feet Less than six feet Single point of entry Multiple points of entry with locking gates Multiple points of entry (no gates) No fence 10.Who receives training regarding District Administrators visitor/ intruder access to your School Administrators campus? Teachers (Check all that apply) Substitute Teachers Support Staff Maintenance Staff Parents Students School Volunteers Other (please list) 11.How often is intruder response Periodically training provided? Annually (Check all that apply) Start of Semester/Semi-annually Start of Quarter/Quarterly Monthly New Hire/Staff Transfers (including Teachers) Other (please explain) 12.Does your campus conduct active Yes — Only campus personnel drills for intruders? Yes — Campus personnel and students Yes — Campus personnel and law enforcement Yes — Campus personnel, students, and law enforcement No 13.Is there a system in place to alert the Yes entire campus about the presence of No — Only partial (please explain): intruders? No (please explain 14.Are intruder incident reports prepared Yes and filed with law enforcement? No 15.Are intruder logs submitted Yes periodically to the school district? No ORANGE COUNTY GRAND JURY 2022 12023 PAGE 56 OF 59 425 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS 16.Are intruder events shared with other Yes schools in Orange County? No 17.Are intruder events shared with other Yes schools in the state? No 18.Can classroom doors be locked from Yes inside the classroom? No 19.Can office, gymnasium, auditorium, Yes and cafeteria doors be locked from Some (please list inside? No 20.Can classrooms be locked from a Yes central location, such as the main No office? 21.Is there video surveillance of the Yes (check all that apply) campus? Exteriors Offices Hallways Classrooms Auditorium/Theatre Gymnasium Cafeteria Other (please list) No 22.How does staff distinguish between Please explain: students and non-students of similar age? 23.Whom does your school allow onto Parent/Guardian/Family of Student campus other than students and staff School Volunteers during the school day? Vendors (Check all that apply) Contractors Delivery Personnel Family of Staff Other (please list) 24.Does your campus utilize Raptor or Yes, Raptor (Skip to 28) another identity verification system Other (please list) for visitors? No 25.Are visitors required to show picture Yes identification and sign in at the main No office? ORANGE COUNTY GRAND JURY 2022 12023 PAGE 57 OF 59 426 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS 26.What information is included on Name temporary visitor badges? Date (Check all that apply) Destination on campus Other (please list 27.Are logs maintained of all visitors to Yes your campus? No 28.Who is required to wear a visible Parent/Guardian/Family of Student temporary visitor's badge? School Volunteers (Check all that apply) Vendors Contractors Delivery Personnel Family of Staff Other (please list 29.Are visitors required to sign out and Yes, always surrender temporary visitor badges Yes, sometimes (please explain) when leaving the campus? No (please explain 30.Who is required to wear a photo District Administrators identification badge while on campus School Administrators during the school day? Teachers (Check all that apply) Substitute Teachers Support Staff Maintenance Parents Students School Volunteers Other (please list) 31.Does your school allow any visitors No onto campus without signing in Yes (please explain) during the school day? 32.If a visitor accesses the campus Please explain: without checking in, how is the visitor located, tracked, and identified? 33.Who is equipped with two-way School Administrators communication devices? School Staff (Check all that apply) Teachers Substitute Teachers Maintenance Staff Coaches Other ORANGE COUNTY GRAND JURY 2022 12023 PAGE 58 OF 59 427 SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS 34.Is there a policy in place to alert the Yes office staff about school employees No (please explain) or family members of students with active restraining orders? 35.Is there a procedure in place that Yes encourages the reporting of No weaknesses or failures in any campus security systems? 36.What are your biggest concerns Please explain: regarding your ability to secure your school campus from outside intrusion? 37.Does your school have a Wellness No Program on campus to identify Yes (please describe): students who may be in crisis and provide behavioral and mental health support to prevent the crisis from becoming violent? 38.If your school was granted additional Please explain: funding for security, how would the school use it? 39.Are there any other security Yes (please explain): measures in place at your school that were not revealed in prior questions and answers? No 40.Is there anything else about your Yes (please explain): school's security that you wish the Grand Jury to know? No 41.Please provide the names and Please list: contact information of anyone else to whom the Grand Jury may reach out to, other than those identified in Question 2, should it have additional or follow-up questions: ORANGE COUNTY GRAND JURY 2022 12023 PAGE 59 OF 59 428 ATTACHMENT #4 NGTp ~'"? mcI CITY OF HUNTINGTON BEACH t:.:•�: I¢�� 2000 MAIN STREET, 4TH FLOOR CALIFORNIA, 92648 COONTV September 13, 2023 Maria Hernandez Presiding Judge of the Superior Court 700 Civic Center Drive, West Santa Ana, CA 92701 RE: City of Huntington Beach Response to the 2022-2023 Orange County Grand Jury Report, "School Shootings: How Prepared are Orange County Public Schools?" Honorable Presiding Judge Hernandez: In accordance with Penal Code 933 and 933.05(a) and (b), the City of Huntington Beach submits the following response to the report, findings, and recommendations of the 2022-2023 Orange County Grand Jury Report titled, "School Shootings: How Prepared are Orange County Public Schools?" FINDINGS F1: Law enforcement, first responders, and other stakeholders have demonstrated a strong interest in working cooperatively with Orange County Public Schools to mitigate the risk of an active shooter incident; the establishment of MOUs between law enforcement and school districts would strengthen this cooperation. Response: The City of Huntington Beach agrees with this finding. F8: School Resource Officers (SROs) are a valuable asset for school safety, yet many cities/districts do not allocate sufficient funds to hire needed officers. Response: The City of Huntington Beach agrees with this finding. RECOMMENDATIONS R1: Each Orange County school district should arrange for local law enforcement to do an annual safety inspection of each school. The written safety checklist should include an audit of the integrity of site boundaries and a review of safety plans and policies. This annual safety audit should commence with the 2023-24 school year by October 1, 2023, and annually thereafter. Response: This recommendation has been implemented. Prior to the start of the 2022 /2023 school year, Huntington Beach Police Department SROs completed school safety inspections of all 32 public school campuses. This included updating the police department's maps of each campus, and making them available in a digital format accessible to all officers. TELEPHONE (714) 536-5553 Response—Grand Jury Report (School Shootings) 9/13/23 Page 2 of 2 R3: Each Orange County school district, in conjunction with law enforcement, should develop and implement tabletop exercises to be conducted in district schools by December 31, 2023, and annually thereafter. Response: This recommendation requires further analysis and discussion with our public school districts and neighboring public safety agencies since four of the five public school districts operating in Huntington Beach have campuses outside of Huntington Beach city limits. These discussions will occur within the next six months. R4: Each Orange County school district should work with local law enforcement to plan and conduct a district-wide active shooter drill by July 1, 2024, and at least every other year thereafter. Response: This recommendation requires further analysis and discussion with our public school districts and neighboring public safety agencies, since four of the five public school districts operating in Huntington Beach have campuses outside of Huntington Beach city limits. These discussions will occur within the next six months. R12: Each Orange County school district should assess the need for SROs or additional SROs, reaching out to appropriate community partners to facilitate funding by July 1, 2024. Response: This recommendation requires further analysis. The City supports the continual involvement of our public school districts to assess the need for additional SROs and facilitate funding of these positions. Should you have any questions or need additional information, please contact City Manager Al Zelinka at 714-536-5202 or via email at al.zelinka@surfcity-hb.orq. Respectfully submitted, 0.a6D, Tony Strickland, Mayor Cc: Al Zelinka, City Manager Travis Hopkins, Assistant City Manager Eric Parra, Police Chief Michael Gates, City Attorney August 24, 2023 Honorable Maria Hernandez Presiding Judge of the Orange County Superior Court 700 Civic Center Drive, West Santa Ana, CA 92701 Re: City of Huntington Beach Response 2022-2023 Orange County Grand Jury Report School Shooting: How Prepared are Orange County Public Schools? Honorable Presiding Judge Maria Hernandez, The City of Huntington Beach received and reviewed the referenced Grand Jury Report, and in accordance with the Grand Jury's request, approved the following responses to the report. F1: Law enforcement, first responders, and other stakeholders have demonstrated a strong interest in working cooperatively with Orange County Public Schools to mitigate the risk of an active shooter incident; the establishment of MOUs between law enforcement and school districts would strengthen this cooperation. Response: The City of Huntington Beach agrees with this finding. F8: School Resource Officers (SROs) are a valuable asset for school safety, yet many cities/districts do not allocate sufficient funds to hire needed officers. Response: The City of Huntington Beach agrees with this finding. R1: Each Orange County school district should arrange for local law enforcement to do an annual safety inspection of each school. The written safety checklist should include an audit of the integrity of site boundaries and a review of safety plans and policies. This annual safety audit should commence with the 2023-24 school year by October 1, 2023, and annually thereafter. Response: This recommendation has been implemented. Prior to the start of the 2022 / 2023 school year, Huntington Beach Police Department SROs completed school safety inspections of all 32 public school campuses. This included updating the police department's maps of each campus, and making them available in a digital format accessible to all officers. R3: Each Orange County school district, in conjunction with law enforcement, should develop and implement tabletop exercises to be conducted in district schools by December 31, 2023, and annually thereafter. 429 Response: This recommendation requires further analysis and discussion with our public school districts and neighboring public safety agencies since four of the five public school districts operating in Huntington Beach have campuses outside of Huntington Beach city limits. These discussions will occur within the next six months. R4: Each Orange County school district should work with local law enforcement to plan and conduct a district-wide active shooter drill by July 1, 2024, and at least every other year thereafter. Response:This recommendation requires further analysis and discussion with our public school districts and neighboring public safety agencies, since four of the five public school districts operating in Huntington Beach have campuses outside of Huntington Beach city limits. These discussions will occur within the next six months. R12: Each Orange County school district should assess the need for SROs or additional SROs, reaching out to appropriate community partners to facilitate funding by July 1, 2024. Response: This recommendation requires further analysis. The city supports the continual involvement of our public school districts to assess the need for additional SROs and facilitate funding of these positions. 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'� �' '4 + `� PO444 Welcome to the Neighborhood Are cities responsibly managing• the integration of group homes? ,,s.1 or 0 cliktlet'Z' County of Orange Grand Jury 2022-2023 431 TABLE OF CONTENTS SUMMARY 3 BACKGROUND 4 REASON FOR STUDY 6 METHOD OF STUDY 7 INVESTIGATION AND ANALYSIS 7 OC Group Home Density 8 Tracking Challenges 10 Common Nuisances 11 Lead Cities 12 Cities Are Standing Alone 12 Fear of Litigation Costs 13 State Actions 17 Housing Element 18 Educating the Public 19 How Has This Issue Evolved? 23 FINDINGS 24 RECOMMENDATIONS 25 RESPONSES 25 90 Day Response Required 27 GLOSSARY 29 BIBLIOGRAPHY 34 NOTICE 40 END NOTES 40 432 WELCOME TO THE NEIGHBORHOOD SUMMARY Group homes are an important component in the healthcare and/or recovery of many people. These homes provide, among other things, Substance Recovery, Hospice Care, Residential Care for the Elderly, and Sober Living. When group homes are operated for the well-being of their residents and with respect for their neighbors, they can be an asset to their host community. However, they can occasionally become disruptive and the motivation for nuisance calls to local code enforcement. In extreme cases, the "curbing" of residents can contribute to the homeless population. Negative interactions with disruptive group homes often lead to neighborhood opposition and anger towards city officials. How cities respond to the anger of their constituents impacts their ability to successfully integrate group homes. Residents are more likely to respond positively when cities offer townhall style meetings with police, fire, code enforcement, legal, and subject matter expert involvement, especially where the subject is discussed objectively, and public input is encouraged and respected. Issues and concerns neighborhood residents have with group homes stem primarily from an over-concentration of homes in residential areas. Multiple cities in Orange County have attempted to manage integration of group homes into neighborhoods by enacting ordinances that include setting a minimum distance between group homes to avoid the problems associated with over-concentration. Most cities with such ordinances have not enforced them due to the fear of incurring litigation costs. The Grand Jury reviewed the challenges of successfully integrating group homes into neighborhoods, including pressures exerted on Orange County cities by residents, group home operators, and the State of California. The State of California has recently joined the group home debate, has altered the conversation, and raised the stakes. The State wields a large club with its power of approval of the required Housing Element. The California Housing and Community Development Department (HCD) is withholding approval for cities that have ordinances attempting to place limits or impose oversight on group homes. Cities are then vulnerable to a loss of control over zoning and permitting, as well as loss of State and regional funding. Some cities have decided to push back on the pressures put on them from HCD and the fight has been carried out on an individual city basis. The Orange County Grand Jury recommends that the County of Orange and cities join forces to create ordinances, pool resources for defense of lawsuits, and work together to generate awareness among legislators to improve regulations and management standards to ensure health and safety for group home residents. ORANGE COUNTY GRAND JURY 2022 12023 Page 3 of 42 433 WELCOME TO THE NEIGHBORHOOD BACKGROUND Orange County has 42 miles of beautiful coastline, three harbors, and 25 urban and wilderness parks - including 230 miles of riding and hiking trails. Orange County also has the dubious honor of having more than its share of our State's total number of group recovery and sober living residences. Frequently referred to as "The Rehab Riviera", several cities in Orange County have been dealing with pockets of over- concentration of these types of group homes. This has posed challenges for the residents in whose neighborhoods they are located, as well as the occupants of the recovery and sober living homes. 4 = Many of the homes in 4 x, question are privately w . owned, unlicensed, '• unsupervised, and a Paws- /1."110 - . 4, challenge to monitor and - regulate. When a neighborhood has multiple , k group homes, it becomes Y Y"# ; , a more institutional : •1 v. �r �, " � -, 7 environment; this alters ` • Al ` �, . 2ry - the character of the ,t, ` I • ',: t neighborhood and defeats • �, a. ¢ x the purpose of the }"`"� f ��,,3 �if",..``•x': �c• �r �f ;� '� ,� f - integration of people who are recovering. The Orange County coast is a magnet for sober living homes To address these shortcomings, multiple cities, and the County, on behalf of unincorporated areas, have enacted ordinances that manage the permitting and tracking of group homes. Several significant pieces of legislation have played a part in the expansion of group homes. These include California's Lanterman Mental Retardation Act (1988), the Federal Fair Housing Amendments Act of 1988, the California Community Care Facilities Act, and California's Substance Abuse and Crime Prevention Act of 2000 (Proposition 36). The resulting deinstitutionalization has had a positive effect on the lives of many people but has created a challenge for cities as they work towards the responsible integration of the group living arrangements necessary to accommodate the impacted population.' ORANGE COUNTY GRAND JURY 2022 12023 Page 4 of 42 434 WELCOME TO THE NEIGHBORHOOD Since deinstitutionalization, the State of California has resisted appeals from local cities to pass permitting laws, distancing requirements, or any type of regulation at all. There is a misconception that these regulatory ordinances are intended to discriminate against people who are disabled due to alcohol and drug addiction, and the State of California has cited this misconception as the guiding principle for its dogged challenge of most attempts by cities to manage the responsible integration of group homes into residential neighborhoods. Rather, such city ordinances are intended to protect those people who suffer from alcohol and drug addiction, as well as the neighborhoods where group homes are located. Licensed residential rehab programs are subject to the same local laws as single-family homes, and no more. State law imposes fewer restrictions on licensed rehab programs than other licensed group homes. The Community Care Facilities Act, from which alcohol and drug rehab facilities are exempt, imposes restrictions that protect the character of residential neighborhoods. Under this act, cities receive written notice of a proposed facility, and any city or county may request denial of the license based on overconcentration of residential care facilities. While alcohol and drug programs that provide 24-hour residential non-medical services to adults recovering from drug or alcohol abuse must obtain a State license, they cannot be regulated any differently from a single-family home if they serve six or fewer people. California Health & Safety Code Sections 1520.5 and 1267.9 state it is a policy of the State to prevent overconcentration of residential facilities that impair the integrity of residential neighborhoods. Section 1520.5 states that the department shall deny an application for a new residential facility license if the department determines the facilities location is proximate to an existing residential facility therefore resulting in overconcentration. The statute recognized the need for a balanced policy to prevent overconcentration of residential care facilities which indicates an awareness and understanding of the impact of overconcentration on the integrity of residential neighborhoods. The statute defines overconcentration as less than 300 feet for some types of group homes and up to 1000 feet for others. At the time the statute was enacted it was specific only to certain types of group homes. However, the recent emphasis on providing more housing in California has eroded the intent of this act. Federal and State fair housing laws protect people with disabilities from housing discrimination. Recovering alcoholics and drug addicts are disabled for purposes of anti- discrimination laws. When people in recovery live together in a "sober living" home, cities cannot discriminate based on such disabilities, therefore an ordinance cannot treat sober living homes differently than other similar uses in single-family residential zones. Sober living homes are not required to be licensed and are not limited to six or fewer residents. Because no treatment is provided in these substance-free, mutually supportive living environments, no license is required. The limitation of most other group ORANGE COUNTY GRAND JURY 2022 12023 Page 5 of 42 435 WELCOME TO THE NEIGHBORHOOD homes to six residents is part of the State statute; however, confusion arises because the statute does not apply to sober living homes. There is only so much a city can do to respond to the complaints of its residents when dealing with an overconcentration of group homes in a neighborhood. It is important for city residents to be educated on the barriers faced by cities, and to work with their city to overcome these barriers. Current laws do not adequately address the need to manage the integration of group homes into neighborhoods. Courts should not be where the solutions are found. REASON FOR STUDY Many cities within Orange County have neighborhoods with a dense concentration of group recovery and sober living residences. In most circumstances, cities do not know where these group homes are located unless the homes generate a backlash from neighbors due to various types of disturbances. The Grand Jury examined how Orange County cities are managing the distancing of all types of group homes, and the impact group homes have on neighborhoods and group home residents when the homes are in close proximity to one another. Group homes, most often Recovery and Sober Living homes, and the nuisances that are commonly associated with them, are not new to Orange County. Neighborhood complaints, concerns from individuals living in or related to residents of group homes, the litigious nature of the relationship between cities and group home operators, and abuse of the healthcare system have been in play in Orange County for well over a decade. The Grand Jury began this study by looking at how cities are managing the influx and locations of group homes and identifying best practices where they are found. The working premise was that each city is responsible for the integration of group homes, which would serve to protect the residents of group homes while maintaining the existing neighborhood atmosphere. Has there been success addressing the issues associated with group homes and what does that look like? Are cities going it alone or are there county-wide efforts? Has there been progress made in this area? The Grand Jury approached the topic of group home integration seeking answers to these questions with the expectation that there were some systems in place resulting in the successful integration of group homes. The investigation took a winding road which revealed that, despite countless attempts at change, many of the problems that surfaced over a decade ago are still present. The Grand Jury found that successfully implemented solutions have become even more impactful in light of the State of California's heavy-handed entry into the debate. ORANGE COUNTY GRAND JURY 2022 12023 Page 6 of 42 436 WELCOME TO THE NEIGHBORHOOD METHOD OF STUDY The Grand Jury has evaluated official documents, examined news articles, visited multiple recovery/sober living websites, and assessed secondary sources. The Grand Jury reviewed c` �$s �' a �.., "' • numerous documents, including the 2022 State of California's ` � �„ a' Group Home Technical Advisory2 and the 1990 State of California i ' r r Health and Safety Code.3 ' - _'; , € ` To better understand the impact 4 ; 6 of density, jurors attended .a ` townhall and city council meetings ' -` virtually, through recordings, and iribvisited neighborhoods in several tittw ~''•.�4..` cities where there is a heavy " concentration of group homes. The Grand Jury interviewed numerous subject matter experts, city managers, County and city officials, legislators, city attorneys, group home operators, and legal and real estate professionals. It also examined local, state, and national media reports and opinion pieces regarding group recovery and sober living residences. The Findings and Recommendations herein are based on this work. INVESTIGATION AND ANALYSIS Orange County has some of the heaviest concentrations of group homes and sober living residences in the nation.4 The densities are more than the local population can bear and residents believe the influx of the group home residents seriously impacts their neighborhoods. Similarly, group home and sober living industry experts cite negative impacts on the group home residents themselves. Operators can open a group home where they desire, without having a license or State- endorsed certification, and they can open as many group homes as they desire regardless of local need. Because regulation is slack, cities are challenged to track and regulate the density without any guidance or support from the State. Adding to these concerns is a recent State of California memorandum titled "Group Home Technical Advisory" that characterizes any attempts to regulate the homes as discriminatory.5 It seems that method of thinking has no positive effect on how the homes are run or on how the vulnerable residents in these homes are treated, and quite possibly has the opposite effect. ORANGE COUNTY GRAND JURY 2022 12023 Page 7 of 42 437 WELCOME TO THE NEIGHBORHOOD OC Group Home Density Reportedly, Orange County has more than its share of group homes in California, and the country for that matter, specific to housing individuals in need of Recovery/Sober Living Homes.6 There are no existing requirements for sober living homes with six or fewer residents to identify or register'themselves as such. It is estimated that up to 36% of houses required to be licensed (those providing services) by the State of California as group homes for six or fewer residents are located in Orange County. In addition, there are hundreds of group homes not requiring licensing that exist in Orange County neighborhoods. This lack of identification makes it extremely difficult to estimate the total number of sober living homes in our communities.' As documented in numerous city council and townhall meetings, residents and activists have raised concerns about over-saturation and common nuisances to local community governing bodies (see Common Nuisances section). In many cases, these are neighborhoods in which multiple group homes are in close proximity (for example three in one cul-de-sac) or individual homes are run with little to no on-site supervision. Neighborhoods are losing their original character and familial aspect, with some becoming increasingly institutional and others experiencing more of a "frat house" feel. "Residents of these homes are moving in and out at an alarming, transitory rate" Residents of these homes are moving in and out at an alarming, transitory rate. Neighbors describe some of these group homes as taking no responsibility for the actions of their inhabitants. Rules and responsibilities are either not imposed or not enforced by the group home operators. The complaints are predominantly related to non-regulated group homes. Over the last several years, multiple cities in Orange County have sought to find a solution to alleviate these concerns. Several have performed due diligence to ensure that any action taken will provide for neighborhoods to remain neighborhoods, and that both the disabled and the recovering addicts needing to live in these types of group homes are in fact living in a normalized residential environment that provides the best opportunity to be successful in their recovery. ORANGE COUNTY GRAND JURY 2022 12023 Page 8 of 42 438 WELCOME TO THE NEIGHBORHOOD This is not simply a "Not In My Backyard" (NIMBY) issue or reaction as evidenced by the large number of homes that receive few or no complaints. The need for well-run Recovery/Sober Living Homes is not in dispute. Concerns arise when these homes are poorly run and/or when multiple homes are in close proximity, contributing to the problem of over-concentration. These two circumstances cause changes in the local neighborhood, and it is questionable whether they are aiding the very residents that they are meant to be assisting and whether residents of these homes are integrating into a normalized environment. To that end, various cities have introduced ordinances toward resolving the problem. Some of these include distancing requirements between group homes ranging from 300 to 1000 feet. Some ordinances require group homes to register or self-identify as such. California Health & Safety Code Section 1267.9 provides specific requirements for distancing of most types of group homes settings.8 These requirements are similar to the local city ordinances in that they provide certain spacing restrictions of between 300 and1000 feet. Sober Living Homes, however, are excluded from any distancing requirement by the State. r—I Le&Padi'es; L^ ..'o ff l . latioral„Foiest?, , ''t 1 ^' Victorville .Amboy 3- SantiB. ara :,. - _ ^ •S_nta rarita �•✓ wA `:Ventura. ' . ' e=i Angeles .1 ` "' - `,. -',!!r.-y•-,Thousee • -,Natonal:Forest? 10 SI : ' ;�.7?.� �rt!`itPSi 4•q;•r.t-0,1-?J . SanC ; .r. • f!•__ ��r•. „•. annel; - , '"S.' �i, •-11. e�•..`•. �•. -.: .•4!4 t5efla_Cing " gal -�- +sanfai"Y�•;11:;.�, ! Riv si[ k1,-•'vatlonai Fofest ••! nal Park< -, ' - ' ltit�!') ,4 =i„r" `! `! .,-_;PaI-i ..rings Joshua Tree �<<, 1.1 •••45:R.4:r _ ., yal`•s. Nat:onal'Park e •®.!,. '' a+,.7. 91 -. "I;;—:-.' : v� •Indio Long,.. a: fi1•i�!il �. a+��..a_= • ��.. • ingt ,y w�!�'fe: a, i Fdlm Deserd�, S.. , - ":Beach fee4:ys - ; 4 -'' a'' _r' • •ems tahnaIslandl 4.4 � sential L. .y °2, ~ abitat-) '' ..,-P.a ' 4Caiill '' �''"�:o�,j Anza-Borrego__ `` •' �ondido ._;�-'�' --, Desert 1€- �4"oµ: , . .. ' State Park 1•,i'�' 4•:%°..,, : '''Cleveland el Map dais Q2022 Goo-gIe,INEGI Terms 20 mi 1 .. 1 Sal ./,iYi4,,.�......Natinnal Pne'cr Keyboard shortcuts Points show the primary addresses of all non-medical alcoholism and drug abuse recovery or treatment facilities licensed and/or certified by the California Department of Health Care Services as of May 4,2017. (Map by Ian Wheeler, Orange County Register/SCNG) The State imposes licensing requirements on most types of group homes and provides for oversight by one or more State or County agency. Sober Living Homes with six or fewer residents are not required to be licensed by the State and have no regulatory ORANGE COUNTY GRAND JURY 2022 12023 Page 9 of 42 439 WELCOME TO THE NEIGHBORHOOD oversight. These two factors alone allow anyone to set up, open, and advertise this type of group home anywhere in California. Orange County seems to be the favored location, yet has no say in the siting or quantity of group homes in our residential neighborhoods. Tracking Challenges Just where are these sober living homes? All over. How do we know? We actually don't. There are few local ordinances requiring the registration, licensing, or declaration of any type of unlicensed sober living or recovery residence that has been established in a neighborhood. There are no widely adopted methods to track or monitor any aspect of such dwellings —their location, number of people residing in them, on-site management, or their ownership. The Grand Jury's research found that most sober living homes are not required by law to have any kind of State license. Some cities have enacted ordinances that require a permit or registration. When a sober living establishment is registered and a complaint is received, the complaint may be recorded and could be tracked, at least for the location of that specific home. WHERE THE REHABS ARE California has 1,864 rehab facilities,and more than half(1,117)ate in Los Angeles,San Bernardino,Orange and Riverside counties.The map below shows the concentrations of these centers and the ratio of rehabs per resident in some of our cities. t U -74 „Pasadena 4.'a ..e-. • '1(7.763 , :s - `1126,087 1/274 Rlversldc (47) `; rt.. .. 1/12,665 %.: '+ :^,W (25), P&rn Springs .;fr U .�P.� v Harriet (12) - � Lang Beach _ . Costatfulesa'cowl 1/9,083 (22)(/21,338 70,0 'w' {9j 1/00 Rehabs per resident (1O21- = t;• (00) Total rehabs !Ulna Bea ah r-San Juan Capistrano.=9. • ° „ r,`��rERs:DE COUNTY1/1,163: 1/1,236 Temecula' Rehab center (20) (29)f '1/5;932 VOL_ _ -. _ . ..„ 55_ica:Ca,fsrn a Depart ecnt c'.PubEfc t tenish .Err Except for the few cities with ordinances regulating sober living homes and the few homes that applied for registration or received ministerial permits, accurate tracking and monitoring remains challenging. Tracking is attainable if cities' code and law enforcement establish and actively utilize a searchable database that includes ORANGE COUNTY GRAND JURY 2022 12023 Page 10 of 42 440 WELCOME TO THE NEIGHBORHOOD information about police and fire calls, nuisance complaints or code infractions, and identification of type of establishment. The use of this information can help identify the location and density of group homes. Common Nuisances Residents living in cities with neighborhoods having a significant number of recovery and sober living homes complain that the proliferation of these group homes in recent years has become unmanageable, and that overconcentration is impacting the quality of life for everyone. For years, many citizens living in neighborhoods with an unrestrained growth of sober living homes have been voicing their concerns and frustrations over the lack of protection their communities are given. While many of these group homes adopt rules and regulations and attempt to be good neighbors, a citizen's primary method for reporting concerns about a disruptive home is initiating a nuisance complaint to their local law enforcement. Common Nuisances Curbing Box Truck? Deliveries Secondhand Increased Street Smoking Parking Substantial Vomiting in Rubbish @ Front Driveways Lawns Higher Noise `y :• �a Relapsing in Levels Public Increased Foot Increased Traffic Traffic The outcry is that unregulated sober living residences make for bad neighbors. Sober living homes are not always bad neighbors, but when they are concentrated in a small geographic area or neighborhood, the common nuisances can become more visible and disruptive. Ultimately, this raises concerns about the potential or actual diminished character of the neighborhood. ORANGE COUNTY GRAND JURY 2022 12023 Page 11 of 42 441 WELCOME TO THE NEIGHBORHOOD Lead Cities Although the City of Costa Mesa has been front and center in the legal fights related to group homes, it was Newport Beach that first stepped into the arena in 2008. Three companies sued the City over an ordinance that was approved by the City Council in 2008 that regulated group homes for recovering addicts.9 Pacific Shores Properties, Newport Coast Recovery, and Yellowstone Women's First Step House sued Newport Beach for a total of$5.24 million. Still in place today, this ordinance was the first of its kind in Orange County and it established quiet hours, parking and smoking areas, and van routes. It also required the City's approval for new unlicensed homes for recovering addicts in certain neighborhoods. In 2015, the City reached the end of its seven-year legal battle over sober-living homes with a settlement agreement.'0 11 According to the Orange County Register, which cites its own archives, Newport Beach spent at least four million dollars in legal costs on the cases. In 2008, there were 81 facilities and 614 total beds identified in Newport Beach. In 2021, there were a known 30 facilities with 210 total beds. Where did all those facilities and beds go?12 Perhaps to the City of Costa Mesa. In 2015, the City of Costa Mesa enacted their own ordinance (amended in 2017) after seeing a sharp increase in the number of sober living homes followed by a steep increase in the number of community complaints. On the heels of the ordinance came the legal challenges, and Costa Mesa prevailed in all challenges until January 2023 when two sober living homes, embroiled in litigation against the city, were handed a legal victory in federal court. The earlier dismissal was reversed and remanded by the Ninth Circuit Court of Appeals which ruled that asking operators of sober living facilities for proof of disability violates federal law barring discrimination against those with disabilities and bars discrimination in housing. "The well-funded operators are supported by industry organizations and associations in their lawsuits... " As the legal battle waged on, other local governments explored, advanced, or enacted regulation of sober living homes, including the County of Orange (2015), and Cities of Laguna Hills (2015), San Clemente (2016), Laguna Niguel (2016), San Juan Capistrano (2016), Anaheim (2020), and Huntington Beach (2020). Most of these entities, perhaps all, have chosen not to enforce their ordinances out of concern of potential litigation, and are waiting for Costa Mesa's litigation to conclude. Cities Are Standing Atone Multiple cities in the County have executed ordinances to regulate unlicensed group homes. With the exception of the newly formed South Orange County Sober Living and ORANGE COUNTY GRAND JURY 2022 12023 Page 12 of 42 442 WELCOME TO THE NEIGHBORHOOD EP Recovery Task Force, cities have not collaborated on solutions to shared and common problems. This has been done on an individual basis, with little collaboration among cities. Prior to drafting an ordinance, some cities study the details and effectiveness of other cities' actions, particularly the City of Costa Mesa's ordinance, and use that as a template to draft their own.13 Once enacted, few of the ordinances are being enforced. This lack of enforcement is due to a small number of very specific impediments and concerns. These include: • Fear of litigation costs due to lawsuits filed by group home operators against cities that have enforced ordinances. (The City of Costa Mesa has reportedly incurred over ten million dollars in legal fees in relation to group home litigation.) • Fear of the State of California withholding approval of the Housing Element for cities that have ordinances related to the management of group homes, resulting in the potential loss of state funds and local zoning control. • Lack of enforcement resources. Most cities do not have the staff resources to enforce these ordinances. While individual cities take a wait-and-see approach to follow the progress of other cities that are standing up to the State, little progress is being made. The cities and County of Orange would benefit by working in partnership with one another to garner resources and create a coalition to promote change. While the newly constituted South Orange County Sober Living and Recovery Task Force is a good start, and the first tangible recognition of the need to work together, the Grand Jury recommends a countywide cooperative taskforce. Orange County's cities and unincorporated areas are demographically diverse.The active sharing of ideas, experiences, and information will be valuable to the overall process of developing a worthwhile model ordinance and plan for moving forward in the efforts to protect both the individual characteristics of Orange County neighborhoods, and all individuals living in those neighborhoods. Fear of Litigation Costs Cities are concerned about the high cost of litigation and the time required to defend ordinances regulating group homes. Private entities have challenged ordinances and in some cases won, and in other cases continued to pursue lawsuits in spite of opposition. In one case, the California Department of Housing and Community Development (HCD) requested that the California Department of Justice file a "friend of the court" application to intervene on behalf the litigant in its case against the City.14 ORANGE COUNTY GRAND JURY 2022 12023 Page 13 of 42 443 WELCOME TO THE NEIGHBORHOOD r 1 art. ' z , , � "'.$:i '• --" ' �` a . Snaps 0 tof L igatxon Costst City of '. Cost Mesa Sal % :million. 4 se,ttiemtent:cry. of Ne port Beach million SINCE zoos. a I million .*J •, gt} -`! City of � 3 Newport Beach 4$,.n Two examples of cities being involved in lengthy and costly lawsuits include Newport Beach and Costa Mesa. In 2007, Newport Beach had numerous sober living homes and was facing increasing pressure by residents to regulate them. In January 2008, Newport Beach passed an ordinance regulating sober living homes. The ordinance was carefully crafted to comply with State and federal law.15 By November 2008, several legal actions occurred. These included: 1. A lawsuit from a residents' group (the "Concerned Citizens of Newport Beach" or CCNB) arguing that the City did not go far enough in enacting Ordinance 2008- 05. CCNB also sued multiple operators and asked for $250 million in damages from the City; 2. Two group home operators (Pacific Shores Recovery and Sober Living by the Sea) filed complaints with the US Department of Housing and Urban Development (HUD) alleging that the City's ordinance and its practices have discriminated against disabled persons entitled to fair housing; 3. Multiple lawsuits were filed by Sober Living By the Sea (SLBTS) alleging that the City's group residential uses ordinance was facially discriminatory against persons in recovery. The City reached an agreement with SLBTS; 4. The City filed lawsuits against Morningside Recovery and Pacific Shores Recovery, alleging that some of their operations opened illegally during a short- term temporary moratorium against the establishment of new group residential uses. Pacific Shores Recovery has in turn alleged that the City's group ORANGE COUNTY GRAND JURY 2022 12023 Page 14 of 42 444 WELCOME TO THE NEIGHBORHOOD residential uses ordinance was facially discriminatory against persons in recovery; 5. A cross-complaint by the City against Sober Living By. The Sea and other ...414:14_..ti,,,,,,,,,,,,, operators that consolidated certain lawsuits in U.S. District Court. " - • via ,. . _ lliii ' . 4 . ,,, .. .. ,, i,,,,:___ . ' 44,, :ie 7:, ":A,..41116`' .:.': - .11-': ' 4.' ri W Rom' � '��� ' . 4 } of .w. .. *+alp. s _ . r mp - r L. Chairs are packed during a discussion on sober-living homes in San Clemente in 2016. (Photo by Matt Masin, Orange County Register,SCNG) Subsequently, in 2009, three companies sued the City of Newport Beach over the ordinance, claiming it violated anti-discrimination and fair housing laws because individuals recovering from an addiction are a protected group. A federal judge ruled in favor of the City in 2011. The companies appealed the case and it went to the 9th Circuit Court of Appeals, where the Court's majority sided with the group homes, saying there was enough evidence to argue discrimination. The Court pointed to comments made during the 2008 hearing, which implied that the City Council was targeting recovery group homes. The City of Newport Beach asked the U.S. Supreme Court to review the case in 2014, but the Court declined. The City settled with the group homes for $5.25 million in 2015. The City's estimated legal costs exceeded four million dollars,16 for a total cost close to ten million dollars. The City of Costa Mesa waged a fierce and costly legal battle to regulate sober living homes for over five years. As noted in the section regarding the State's actions and attitude, Costa Mesa fashioned an ordinance within the limits of State and federal laws ORANGE COUNTY GRAND JURY 2022 12023 Page 15 of 42 445 WELCOME TO THE NEIGHBORHOOD in 2014.17 The City ultimately spent over seven million dollars in litigation, and prevailed in State and federal courts; however, in January 2023, a federal appellate court reversed and remanded the district court's 2020 ruling. Costa Mesa Ordinance 15-11 sets limited standards for three items that address important societal issues, none of which are discriminatory in nature: 1. Spacing (650 feet apart) 2. Background screening of the house manager 3. Process for evicting residents Spacing between group homes maintains the purpose of the facility and residential character of the neighborhood. Screening protects the residents of the facility. Through interviewees, the Grand Jury learned of group home managers with criminal backgrounds and who are themselves currently substance abusers. Standards for evictions are needed. Through interviews and newspaper articles, the Grand Jury learned of the practice of"curbing," putting residents out on the curb when their source of payment runs out or when they are in violation of house rules. This practice is believed to contribute to homelessness in Orange County. Costa Mesa's ordinance serves an important purpose, but the ordinance is still in litigation after several years and at an estimated cost of more than ten million dollars.18 Other Cities in California and Orange County are similarly facing lawsuits and costs associated with group home and sober living ordinances. Cities could pool resources to mitigate litigation cost concerns. A coalition of cities to spread costs is highly recommended. The Grand Jury learned that the lawsuits brought against cities are supported and enabled by an extremely profitable industry. According to John LaRosa at MarketResearch.com on February 5, 2020,19 the group home market is 42 billion dollars per year. Mr. LaRosa also noted that the industry needed to be cleaned up as many of the operators engaged in overbilling, patient brokering, and deceptive marketing. The well-funded operators are supported by industry organizations and associations in their lawsuits. Industry organizations include large groups such as the California Consortium of Addiction Programs and Professionals, Behavioral Health Associates, and National Sober Living Associates. The websites of any of these organizations and several others can be viewed to see the type of support often provided. The organizations not only provide support for lawsuits, but also assist in lobbying State and federal legislators. Many group home operators do not want any type of regulation, as evidenced by the Costa Mesa and Newport lawsuits, though the Grand Jury found some operators who welcome additional regulation to protect the industry from bad operators. In summary, the industry represents a formidable foe in lawsuits due to funding and industry associations. ORANGE COUNTY GRAND JURY 2022 12023 Page 16 of 42 446 WELCOME TO THE NEIGHBORHOOD State Actions Zoning ordinances are the primary control local governments have over city land use. The State of California has challenged the validity of group home ordinances, thereby inhibiting local governments in addressing group homes through zoning ordinances. If challenged, defense of the ordinances is costly and the alternative is to repeal them, a process that can be politically charged. When Costa Mesa originally prevailed in the lawsuits filed against their 2014 sober living ordinance, the Cities of Encinitas, Huntington Beach, Anaheim and the County of Orange adopted similar ordinances for sober living facilities. In May 2021, the California Department of Housing and Community Development (HCD) sent a letter to the City of Encinitas stating its ordinance was in violation of statutory prohibitions on discrimination in land use. HCD said the city must take immediate steps to repeal the ordinance. HCD's letter to the City of Encinitas noted "The City appears to take significant comfort from certain court opinions, several unpublished, appearing to reject specific, largely different and distinguishable challenges to a different group home ordinance in Costa Mesa, which were brought by private parties rather than the State of California. Those decisions are neither on point nor binding here."This statement is misleading to the general public because it downplays judicial rulings favoring Costa Mesa's ordinance. In May of 2021, HCD sent a "Letter of Technical Assistance" to the City of Anaheim in which they discuss Anaheim's land use regulations. One of the items discussed was a phone call they had with city staff to discuss concerns with the proposed Zoning Code Amendment for group homes. HCD's concern was that the ordinance "potentially conflict(s) with statutory prohibitions on discrimination in land use". Also in May of 2021, HCD sent a "Notice of Violation: City of Anaheim Notice of Violations of Housing Element Law and Anti-Discrimination in Land Use" regarding the denial of a conditional use permit for transitional housing. The California Department of Justice (DOJ) subsequently joined a civil lawsuit regarding the same action. HCD believes the City has failed to implement goals, policies, and program actions included in the housing element and failed to act consistent with Government Code requirements in applying standards to the approval of the Project. On December 21, 2022, HCD issued a document titled Group Home Technical Advisory.20 The executive summary includes the following: "In recent years, some local governments have amended their zoning ordinances to add new regulations for group homes, particularly for recovery residences- group homes that provide housing for persons recovering from alcoholism or drug addiction. These amendments have raised concerns that local governments are not complying with their affirmative obligations under state planning and ORANGE COUNTY GRAND JURY 2022 12023 Page 17 of 42 447 WELCOME TO THE NEIGHBORHOOD zoning laws to promote more inclusive communities and affirmatively further fair housing (AFFH). These amendments have also generated disputes and confusion over whether local governments are violating fair housing laws by discriminating against persons with disabilities or other protected characteristics." The document assumes the ordinances are not legally compliant and creates difficulties faced by cities trying to reasonably regulate group homes. The document is labeled a "technical advisory" but reads as a policy statement. There were apparently no public hearings regarding the document. "The document is labeled a "technical advisory" but reads as a policy statement... " These actions by HCD and DOJ, as well as litigation, are challenges municipalities face in adopting ordinances regarding group homes when the courts have found these ordinances compliant with State and federal laws. This was made evident through interviews with representatives of cities. Interviewees also expressed concern that HCD interpreted the laws as being overly restrictive on zoning ordinances and failing to protect the inhabitants of group homes. Housing Element In the State of California, all cities are required to develop a General Plan. The General Plan serves as a blueprint for the future, prescribing policy goals and objectives to shape and guide the physical development of the city. The General Plan is a comprehensive policy document that informs future land use decisions, and it is comprised of multiple elements.21 The Housing Element is one important part of a city or county's General Plan. Every eight years, every city, town, and county must update their Housing Element and have it certified by the California Department of Housing and Community Development (HCD). The most recent cycle of the new Housing Element has been heavily impacted by the State's laser focus on housing availability and affordability. On September 28, 2021, Governor Gavin Newsom signed a suite of bills to boost housing production across California which accompanies the Governor's $22 billion housing affordability and homelessness package and ongoing work by the State to spur more housing production, tackle barriers to construction, and hold local governments accountable. Taken together, the actions reflect the State's focus on creating more ORANGE COUNTY GRAND JURY 2022 12023 Page 18 of 42 448 WELCOME TO THE NEIGHBORHOOD affordable housing, faster and cheaper. "The acute affordability crisis we are experiencing in California was decades in the making, and now we're taking the necessary steps to fix it," said Governor Newsom.22 Although this is a response to a real need in California, the real-world consequences to the "build-build-build" solution are many. One of those can be seen in the State's myopic push for housing as it has mistakenly equated group homes with additional housing options. But housing is not increased by allowing the unbridled proliferation of recovery and sober living homes. The industry advertises heavily outside of California and brings many of their residents from out-of-state. It is not uncommon for some of these residents to be "kicked to the curb" (referred to as curbing) for various reasons, and because they are not local to Orange County, they have nowhere to go and ultimately face homelessness. HCD wields its power to review and approve State housing elements as a threat to deter city and county efforts to regulate group homes. Approval of the Housing Element has a big impact on a city's ability to enforce its general plan and to control what gets built and where it is built. Without the HCD's approval of the housing element, a door is opened to developers to bypass local zoning ordinances by utilizing a seldom used loophole known as Builders Remedy. Under that law, a developer may sidestep city approvals to construct a housing development if 20% of the project's homes are affordable housing.23 State funding programs for transportation, infrastructure, and housing often require or consider a local jurisdiction's compliance with Housing Element Law. These competitive funds can be used for fixing roads, adding bike lanes, improving transit, or providing much needed affordable housing to communities. In some cases, funding from state/federal housing programs can only be accessed if the jurisdiction has a compliant housing element.24 25 Educating the Public By the time the public has organized to bring their concerns to city leadership through a letter writing campaign, a joint written complaint, or a petition, their level of frustration has likely been building for quite a while. How city leadership deals with the concerns and frustrations of their constituency is likely to determine whether it will be a collaborative or an adversarial process to find a resolution. Educating the public on the reasons that cities have seemingly been unwilling to address the integration of group homes into Orange County neighborhoods is key to the success of collaborative problem solving. Cities have been squeezed from above by a combination of intense pressure from group home operators citing federal protections for the disabled, and the State of California's efforts to eliminate group home ordinances by withholding approval on cities' mandated Housing Element submission. They are also squeezed from below by ORANGE COUNTY GRAND JURY 2022 12023 Page 19 of 42 449 WELCOME TO THE NEIGHBORHOOD the people in neighborhoods which have been impacted by the over-concentration of group homes, and/or the level of nuisances generated by the group homes. "Some cities have used the multi-discipline, educational, townhall type response to the public outcry while others have not. The outcome can be quite different. " A lack of understanding of the challenges faced by cities leads to the perception that they are unwilling to step up and regulate the various group home types that are springing up in neighborhoods. Public education will reveal that there is not an unwillingness of cities, or the public, to find resolutions, but rather there are many hurdles promulgated by State and federal agencies that often prevent opportunities for reaching a solution. Cities should work together, and with State legislators and other stakeholders, to look for ways to affect change at the State level as well as provide more focused public education that addresses these issues. In an effort to inform their citizens, some cities have used the multi-discipline, educational, townhall type response to the public outcry while others have not. The outcome can be quite different. To illustrate, we need look no further than a tale of three cities: Anaheim, Newport Beach, and Laguna Hills. Anaheim's group home issue heated up in October 2021 when Grandma's House of Hope requested a Conditional Use Permit (CUP) to use a large house as a transitional living home for 19 intractably mentally ill women.26 It was not Grandma's House of Hope's first group home in Anaheim; it was the latest in many previously successful CUP requests. Local residents coalesced against this CUP request in a vocal and organized manner. Whether it was the number of residents impacted, the descriptor of the group home residents as intractably mentally ill, or just one group home too many in this neighborhood, this organized effort to prevent the approval of the large group home attracted hundreds of local citizens and activists from both sides of the issue. It seemed that the majority of these people attended the planning commission meeting to voice their opinions during the public comment portion of the agenda and to let the City's Planning Commission see the strength of their numbers. ORANGE COUNTY GRAND JURY 2022 12023 Page 20 of 42 450 WELCOME TO THE NEIGHBORHOOD The Planning Commission was seemingly prepared to accept the staff recommendation for approval. Public comment took over five hours, most of which was overwhelmingly against the approval of the group home. The applicant and the Planning Commission both expressed surprise at the public backlash. Ultimately, the approval recommendation was scrapped, and the Planning Commission voted to deny the CUP. Grandma's House filed an appeal and the application for the CUP was heard by the City Council. The public attended that meeting in larger numbers than at the Planning Commission meeting and they were every bit as angry and frustrated as they were at the earlier meeting. In spite of robust response on the issue at the meeting of the Planning Commission just two months earlier, the Anaheim City Council was unprepared for the charged nature of the adversarial clash. Most speakers were passionate but respectful, while some were rude and offensive. It was essentially an angrier repeat of the first meeting and led to the same conclusion, a denial of the CUP.27 The affected public walked away with no better understanding of the reasons why these group homes are hard to regulate due to the pressures put on cities by the State of California. The applicant ultimately filed suit against the city alleging violations of the Housing Element Law, Housing Accountability Act, and statutes governing anti- discrimination in local land use laws. il• ,- _ • -4115111iiimi6 . . . ._.. . _ , ,... . _ •.., :: Sty 9 e . rr, - F Pm, /L" - -,-,,3, w --.. -,,e, 4,-, :',7' .. --- cam' , I.` we, ,s 1,,. .. a ,/4-'°' m- $` -.,. © by Tomoya S..3if,a Z'ra�ee County 1 egister Nearly 200 people packed the Mission Viejo City Council chamber on March 29 for a Town Hall meeting regarding sober living homes. (Tomoya Shimura, Orange County Register, April 1, 2016) The City of Anaheim has not responded to the public concerns in an organized manner. It has not provided an opportunity for the public to come together in a townhall-like meeting where the City could address the issues and the challenges they face, have subject matter experts on hand for short presentations, and allow for comments and questions.28 ORANGE COUNTY GRAND JURY 2022 12023 Page 21 of 42 451 WELCOME TO THE NEIGHBORHOOD In direct contrast to Anaheim's response, we can look at the steps taken by the Cities of Newport Beach and Laguna Hills. Newport Beach was faced with a petition from its residents in 2007 after a rapid increase in the number of drug rehabilitation homes. The residents reported 103 treatment houses, nearly all on the Balboa Peninsula. There was a town hall hosted by (then) Assemblywoman Mimi Walters, R-Laguna Niguel, and (then) State Senator Tom Harman, R-Huntington Beach, and an estimated 200 people attended. It was an opportunity for dialogue as well as to learn about the constraints placed on cities by the State of California. Newport Beach responded to resident concerns again in late 2021 by organizing a community meeting with speakers from several city departments, a State Assemblywoman, the District Attorney, and a County Supervisor.29 30 r , . `-'' '., 441 7 '"'` I 0 $0 t� ,y Sao ' t r r ;r e; i x.4 ' al„ ,, P ...1 f. V . _ i 4_ 14. i .rj_"�z/ e µ: .,s a.4,- Y r- 1i f ? q1q. T„;�k ,'f " it_o;. ZY , + j.'-:; 76 � fr*) '1,6 ' ?`. �b tt,'31%,.,,,,,,:•:s, ', ' -, '_54 ' ' r?.. -:' '..\,..*-:-.•'. :"):‘,,),.,t ' -•• .' ,87-4.:'..--W1"‘ "'''Pth' -_,W% `‘v ir / A -,,/,'''''4,„ .f.:'1 '',._ ,- ,,,'"-' 14,,4:-,, `'',4,,,. ) .._14.4:-4 ' ' (4071: -r . .....„ .....4b..,. . -,.. 1\b, -, ,,, a 444„140.1/4 , at it � 5, _ Ilk:1., „.44.7.,,,i �� _:.. cam,, 1444$ ."' i: •,' '..• ;I:.es ‘ :::,:ic r ,. i . � :,4,.. .`iA�t r er,$),--.".. 1: %,....,..1 .iii ,-1<T,;:.,X,,,,:›24, ...„,,,..‘......t...4..L.:,,,.: ..... ,4 -_, \"-� .- .'' .t.oirtilk 1 4.''''' :.--,... V,—,-,- -", . ''''' , 4.," -• , ,;-' ...."\i, ..,i t ar F�` �'y -.� 4 'A *i'" ':,.©I,,eonar Ortiz,Orange County Register Hundreds attend the Sober Living Homes Town Hall meeting at the at the Laguna Hills Community Center on Thursday(Christopher Yee, San Gabriel Valley Tribune, May 13, 2016) We can also look at the steps taken by the City of Laguna Hills. In 2016, the City responded to public outcry regarding group home issues by hosting a Town Hall on the subject. The Town Hall was hosted by (then) State Senator Pat Bates and several other State and local legislators. Also in attendance were attorneys with extensive knowledge of the issue as well as other subject matter experts. More than 600 people attended, and it was an opportunity for the residents in attendance to gain a better understanding of the challenges the City faces in regulating unlicensed group homes, as well as for the City to hear the concerns and frustrations of attendees. Proving that, when cities work to ORANGE COUNTY GRAND JURY 2022 12023 Page 22 of 42 452 WELCOME TO THE NEIGHBORHOOD inform their constituents, and allow for a robust but respectful dialogue, they create an opportunity for collaborative problem solving.31 How Has This Issue Evolved? The timing of this investigation aligned with the required submission of the Housing Element portion of each city's General Plan. The State's disapproval of a city's Housing Element carries heavy consequences, and the State of California has used the withholding of this needed approval to coerce cities to abandon their group home ordinances. The Grand Jury was previously unaware of the power behind group home lobbyists and the number of proposed legislative bills that never made it to a vote. The State's policy- making role limits a city's ability to responsibly manage the integration of group homes and, as a consequence, the trajectory and focus of the study changed and widened with this knowledge. The Grand Jury looked at broader factors influencing the group home industry, its influence, its effect on communities and often its seeming lack of real concern about its clients. The group home industry is immense, requires improved relations with cities, and needs more effective local governmental oversight. ORANGE COUNTY GRAND JURY 2022 12023 Page 23 of 42 453 WELCOME TO THE NEIGHBORHOOD FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled "Welcome to the Neighborhood - Are cities responsibly managing the integration of group homes?" the 2022-2023 Orange County Grand Jury has arrived at eleven principal findings, as follows: Fl Group homes too close to one another contribute to the problems associated with overconcentration. F2 Common nuisances are more likely and disruptive when sober living homes are concentrated in a small geographic area of a neighborhood. F3 Some cities have successfully addressed and informed community members about the challenges faced in regulating group homes. F4 Community satisfaction was minimal when cities took the traditional public comment approach towards addressing community complaints. F5 Cities are not utilizing police, fire, and code enforcement complaints as a means of locating and tracking Group Homes. F6 Cities are inhibited from enacting and enforcing ordinances due to fears over the potential cost of litigation. F7 Several cities have created an ordinance that requires a ministerial permit or registration to operate a group home, however many of these cities do not enforce their ordinances. F8 City and County officials are deterred from regulating group homes by California Housing and Community Development's housing element approval process. F9 Cities have historically strategized and acted independently in addressing group home challenges and solutions. F/0 Well-operated group homes can integrate smoothly into neighborhoods. Fl"I There is a lack of regulatory oversight for the health and safety of residents of unlicensed group homes. ORANGE COUNTY GRAND JURY 2022 12023 Page 24 of 42 454 WELCOME TO THE NEIGHBORHOOD RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled, "Welcome to the Neighborhood - Are cities responsibly managing the integration of group homes?" the 2022-2023 Orange County Grand Jury makes the following five recommendations: R1 Orange County cities and the County of Orange should address citizen concerns regarding group homes by providing an opportunity for an open dialog where an interdisciplinary panel of subject matter experts can share with attendees the challenges cities are facing in the management of group homes. To be implemented by July 1, 2024. (F3, F4) R2 By December 31, 2024, Orange County cities and the County of Orange should collaborate in their efforts to create ordinances for the regulation of group homes, including the development of model ordinances. (F6, F7, F9) R3 Orange County cities and the County of Orange should pool resources for defense of lawsuits challenging group home ordinances. To be implemented by July 1, 2024. (F6, F8, F9) R4 The County of Orange and Orange County cities should create a Task Force that includes representatives from OC cities, unincorporated areas, and other entities as appropriate and charge it with the responsibility of developing a plan to generate awareness among State legislators and regulators of the need for improved regulations and management standards to ensure health and safety for Group Home residents. To be implemented by July 1, 2024. (F2, F10, F11) R5 Orange County cities and the County of Orange should modify code enforcement report data collection forms to include a searchable field that enables the identification of a residence operating as a group home. To be implemented by July 1, 2024. (F5, F7, F11) RESPONSES California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings ORANGE COUNTY GRAND JURY 2022 12023 Page 25 of 42 455 WELCOME TO THE NEIGHBORHOOD and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official's control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2)The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary /or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. ORANGE COUNTY GRAND JURY 2022 12023 Page 26 of 42 456 WELCOME TO THE NEIGHBORHOOD The Orange County Grand Jury requires and requests the following responses: 90 Day Response Required County of Orange Board of Supervisors F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 County of Orange Board of Supervisors R1, R2, R3, R4, R5 City Councils of: Aliso Viejo F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Aliso Viejo R1, R2, R3, R4, R5 Anaheim F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Anaheim R1, R2, R3, R4, R5 Brea F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Brea R1, R2, R3, R4, R5 Buena Park F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Buena Park R1, R2, R3, R4, R5 Costa Mesa F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Costa Mesa R1, R2, R3, R4, R5 Cypress F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Cypress R1, R2, R3, R4, R5 Dana Point F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Dana Point R1, R2, R3, R4, R5 Fountain Valley F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Fountain Valley R1, R2, R3, R4, R5 Fullerton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Fullerton R1, R2, R3, R4, R5 Garden Grove F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Garden Grove R1, R2, R3, R4, R5 Huntington Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Huntington Beach R1, R2, R3, R4, R5 Irvine F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Irvine R1, R2, R3, R4, R5 La Habra F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 La Habra R1, R2, R3, R4, R5 La Palma F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 La Palma R1, R2, R3, R4, R5 Laguna Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Laguna Beach R1, R2, R3, R4, R5 Laguna Hills F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Laguna Hills R1, R2, R3, R4, R5 Laguna Niguel F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Laguna Niguel R1, R2, R3, R4, R5 Laguna Woods F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 ORANGE COUNTY GRAND JURY 2022 12023 Page 27 of 42 457 WELCOME TO THE NEIGHBORHOOD Laguna Woods R1, R2, R3, R4, R5 Lake Forest F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Lake Forest R1, R2, R3, R4, R5 Los Alamitos F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, Los Alamitos R1, R2, R3, R4, R5 Mission Viejo F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Mission Viejo R1, R2, R3, R4, R5 Newport Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Newport Beach R1, R2, R3, R4, R5 Orange F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Orange R1, R2, R3, R4, R5 Placentia F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Placentia R1, R2, R3, R4, R5 Rancho Santa Margarita F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Rancho Santa Margarita R1, R2, R3, R4, R5 San Clemente F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 San Clemente R1, R2, R3, R4, R5 San Juan Capistrano F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 San Juan Capistrano R1, R2, R3, R4, R5 Santa Ana F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Santa Ana R1, R2, R3, R4, R5 Seal Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Seal Beach R1, R2, R3, R4, R5 Stanton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Stanton R1, R2, R3, R4, R5 Tustin F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Tustin R1, R2, R3, R4, R5 Villa Park F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Villa Park R1, R2, R3, R4, R5 Westminster F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Westminster R1, R2, R3, R4, R5 Yorba Linda F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11 Yorba Linda R1, R2, R3, R4, R5 ORANGE COUNTY GRAND JURY 2022 12023 Page 28 of 42 458 GLOSSARY ADU An accessory dwelling unit, usually just called an ADU, is a secondary housing unit on a single-family residential lot. These may be converted garages, backyard cottages, or granny flats, for example. Brokering A referral system where money or other inducements are exchanged by owners of disreputable homes to get new clients. The recipients may be residents, clinics, or even members of self-help groups such as AA12-step programs. Code Enforcement Activity by local government agencies to identify and correct problems and abuses by citizens and businesses. Congregate Care Living A residential home that offers inpatient services to its residents. Generally, the care that this institution provides is more intense than what a skilled nursing care facility offers but less intense than what a general acute care hospital provides. Curbing The act of evicting residents, often done late at night, so-called because they and their belongings are sent to the curb. Eviction may occur when such residents' insurance runs out or for violating house rules. They frequently have nowhere to go and often have no resources, essentially rendering them homeless. Deinstitutionalization The closing (or reduction of services) of residential facilities, often referred to as mental hospitals, and the reliance on smaller, more personal "homes" as a means of rehabilitation. Detox Program or facility for assisting a person undergoing treatment from an intoxicating or addictive substance. 459 WELCOME TO THE NEIGHBORHOOD EBT Acronym for Electronic Benefit Transfer, previously known as Food Stamps, these are debit cards issued to eligible participants for the purpose of buying food and other necessities. Emotional Wellness Homes A facility where a person develops the ability to handle their emotions and varied experiences they encounter in life. Emotional wellness is an awareness, understanding, and acceptance of our feelings and the ability to manage and change challenges effectively. Good Neighbor Policy A set of principles and activities designed to provide a consistent means of communication between facilities that provide resident services and their respective neighbors. The Good Neighbor Policy is applicable for Residential Programs when residents and the services have a potential impact including but not limited to community safety, cleanliness, and security in the surrounding neighborhood(s). Group Home (GH)* A residential unit utilized as a supportive living environment for people meeting the legal definition of disabled. Provides housing only for a classified group of people. No medical care, services, or treatment can take place in a Group Home. Only State-licensed facilities can provide care, services, or treatment under State law (see Residential Care Facilities) Hospice A type of health care that focuses on the palliation of a terminally ill patient's pain and symptoms and attending to their emotional and spiritual needs at the end of life. Hospice care prioritizes comfort and quality of life by reducing pain and suffering. Housing Element Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California's local governments meet this requirement by adopting housing plans as part of their "general plan" (also required by the state). General plans serve as a local government's "blueprint" for how the city and/or county will grow and develop and include eight elements: land use, transportation, conservation, noise, open space, safety, environmental justice, and housing. ORANGE COUNTY GRAND JURY 2022 12023 Page 30 of 42 460 WELCOME TO THE NEIGHBORHOOD Integral Facilities Integral facilities means any combination of two or more facilities located on the same or different parcels, collectively serving seven or more persons, not including the licensee or members of the licensee's family or persons employed as facility staff, that are under the control or management of the same owner, operator, management company or licensee or any affiliate of any of them, and which together comprise one operation. Integral facilities shall include, but not be limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services at another facility, or facilities, or by assigning staff, or a consultant or consultants, to provide services to or in more than one facility. Licensing A permit from an authority to own or use something or to do a particular thing or carry on a trade. In reference to this report's subject matter, licensing from a State or county agency or department. Like-for-Like Identifying the spacing of group homes by type, e.g., sober living within a given distance of sober living, assisted living within a given distance of assisted living, etc. Sober living near assisted living does not meet the like-for-like criteria. Model Ordinance A common set of policies and procedures developed by a government agency to oversee the licensing and operation of group homes. NIMBY Acronym for "Not in My Backyard". A term used, among other things, to identify citizens who object to having group homes in their neighborhood. Referral Facility Either a Residential Care Facility, Group Home, or Sober Living Home where one or more person's residency is per a court order or similar directive. Referral facilities must follow the permit procedure according to the base use classification, and are not permitted in the RL (Residential Low Density) zone. Rehab Riviera The nickname given to some sober living facilities in Southern California, referring to the climate. Often used as a selling point in advertising to emphasize the outdoor appeal of homes in the region. ORANGE COUNTY GRAND JURY 2022 12023 Page 31 of 42 461 WELCOME TO THE NEIGHBORHOOD Rehabilitation The action of restoring someone to health or normal life. Care that can help one get back, maintain or improve abilities. Residential Care Facilities (RCF)* A State Licensed residential facility where care, services, or treatment are provided to persons living in a community residential setting. Provide housing and care/treatment for the elderly, developmentally disabled, chronically ill, and chemical addiction treatment facilities, among others. RCFs that specifically provide drug and or alcohol abuse treatment are licensed by the Department of Health Care Services (DHCS) and are known as alcoholism or drug abuse recovery or treatment facilities. Homes are required to be licensed by the DHCS when at least one of the following services is provided: detoxification, group counseling sessions, individual counseling sessions, educational sessions, or alcoholism or drug abuse recovery or treatment planning. Residential Treatment Centers Sometimes known as rehab which is a live-in health care facility providing services for substance use disorders, mental illness, or other behavioral problems. Saturation Having several group homes within a neighborhood. Single Housekeeping Units Individuals occupying a dwelling unit that have established ties and familiarity with each other; share a lease agreement, have consent of the owner to reside on the property, or own the property; jointly use common areas and interact with each other; and share the household expenses such as rent or ownership costs, utilities, and other household and maintenance costs activities. Six or Under Homes with six or fewer residents. Under State law these may not be required to be licensed or registered. Sober Living Home (SLH)* Sober Living Homes are also group homes, but specifically for people recovering from a chemical addiction that meets the legal definition of disabled. Provides "housing only"that is primarily meant for people who have just come out of rehab and need a ORANGE COUNTY GRAND JURY 2022 12023 Page 32 of 42 462 WELCOME TO THE NEIGHBORHOOD place to live that is structured and supportive for those in recovery. For the purposes of the Ordinance, a Sober Living Home is not state licensed. No medical care, services, or treatment can occur in a Living Home. Only State licensed facilities can provide care, services, or treatment under State law (see Residential Care Facilities). Tracking A method to obtain data, monitor movements and a system to identify and map the location of group homes. Treatment Center A facility where a client or clients go under one roof for services to improve their physical or mental health. A residential treatment center (RTC), sometimes called rehab, is a live-in health care facility providing therapy for substances abuse use disorders, mental illness, or other behavioral problems. Residential treatment may be considered the "last-ditch" approach to treating abnormal psychology or psychopathology. *For the purposes of this report, the City of Huntington Beach's definitions of group living homes is being used as published on the city's website. ORANGE COUNTY GRAND JURY 2022 12023 Page 33 of 42 463 WELCOME TO THE NEIGHBORHOOD BIBLIOGRAPHY Teri Sforza, Will U.S. Supreme Court engage on Costa Mesa's sober living rules?, Orange County Register, Wednesday, March 15, 2023 Teri Sforza, Addiction centers flee Costa Mesa, move to less regulated OC cities, Orange County Register, Sunday, February 19, 2023 David Zisser, Letter from CA Department of Housing and Development to City of Huntington Beach Planning Department- RE "Ordinance to Ban "Builder's Remedy" Projects under the Housing Accountability Act (HAA)— Notice of Potential Violation", California Department of Housing and Community Development web site, Monday, February 13, 2023 Ring Bender Law, SoCal Recovery and Raw Recovery v City of Costa Mesa: Amici Curiae Brief Of The League Of California Cities,The Association Of California Cities Of Newport Beach, Fountain Valley, Mission Viejo,And Orange In Support Of Appellee's Petition For Rehearing En Banc, Court Filings,Thursday, February 9, 2023 Teri Sforza, Sober homes gain some ground in fight with Costa Mesa, Orange County Register, Sunday, January 15, 2023 Covenant Hills, Day Patient and Outpatient Addiction Treatment in Orange County,YouTube Posting, Friday, November 4, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Orange County Sober Living I Sober Living Near You in SoCal (kaizenhouserecovery.com), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Sober Living Homes for Men & W General Information omen - Orange County Recovery, Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Orange County Sober Living Homes I Sober Living Homes near me (ocsoberlivingbestsolution.com), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Drug Rehab Orange County- Lighthouse Treatment Center, Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Huntington Beach Rehab I Drug &Alcohol Substance Abuse Recovery (orangecountyrecovery.com), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Sober Living Homes in Southern California - Elysium Health Care, Wednesday, October 19, 2022 ORANGE COUNTY GRAND JURY 2022 12023 Page 34 of 42 464 WELCOME TO THE NEIGHBORHOOD General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Zinnia Healing- Drug &Alcohol Rehab (serenitylodgelakearrowhead.com), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, California addiction rehab centers (sunshinebehavioralhealth.com), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Halfway Houses I %way Houses I Sober Homes in California (addictionblog.org), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, Requirements For California Rehabilitation and Sober Living Houses (hypogalblog.com), Wednesday, October 19, 2022 General Information, Links To Sober Living Group Homes, Advertisements And Blogs In Oc, A Place for Mom, Wednesday, October 19, 2022 Jeff Collins,These Southern California governments have approved housing plans, Orange County Register,Tuesday, October 18, 2022 Jeff Collins, Most Southern California cities miss complete new deadline to complete housing plans, Orange County Register, Tuesday, October 18, 2022 Alicia Robinson, Anaheim should allow home for homeless women with mental health issues, California Attorney General says, Orange County Register, Wednesday, October 5, 2022 Alicia Robinson, Anaheim should allow home for homeless women with mental health issues, California Attorney General says, Orange County Register, Tuesday, October 4, 2022 Public Notice—City of Mission Viejo, Council passes Sober Living and Group Home Ordinance to ensure such facilities operate with the confines of the law, City of Mission Viejo web site Home I City of Mission Viejo, Wednesday, August 24, 2022 Public Notice, Council passes Sober Living and Group Home Ordinance to ensure such facilities operate within the confines of the law, City of Mission Viejo website https://cityofmissionviejo.org/, Wednesday, August 24, 2022 Teri Sforza, Rehab Riviera: New law hopes to keep misleading rehabs from misleading patients, families patients, families, Orange County Register, Wednesday, August 24, 2022 Teri Sforza, California rehab doctor pleads guilty to insurance fraud, Orange County Register, Tuesday, August 16, 2022 Vanessa Serna, Real-life Frankenstein' Beverly Hills surgeon and his girlfriend plead guilty to $600 Million fraud scheme: Used 'body brokers' to find drug addicts to get unnecessary shots so ORANGE COUNTY GRAND JURY 2022 12023 Page 35 of 42 465 WELCOME TO THE NEIGHBORHOOD they could bill insurance companies to fund their life of luxury, DailyMail.com,Tuesday,August 16, 2022 California Codes, Various Codes, California Code Search "Text" of the following—using "sober" and "living"., Monday, August 8, 2022 City of Laguna Beach Department of Community Development, City of Laguna Beach General Plan Housing Element, City of Laguna Beach Web Site 638115638915170000 (lagunabeachcity.net), Thursday,July 21, 2022 Matt Meyer, What is 'California sober' — and does it actually work?, Nexstar Media Inc Fox News San Diego, Saturday,June 25, 2022 Website Information Idea Flight, 9 Different Types of Group Home in California, Idea Flight Web Site Page 9 Different Types of Group Home in California - ideaflight, Friday, April 1, 2022 City of Westminster, Adopted Housing Element 2021-202-, City of Westminster website https://www.westminster-ca.gov/, Wednesday,January 26, 2022 Scott D.Tenley and Kelly M. Hagemann of Michelman & Robinson LLP, Federal Authorities Have Their Eyes On Sober Living Home Operators And Marketers, Especially In Orange County, Mondaq web site, Friday, November 19, 2021 City of Newport Beach, Community Meeting on Group Residential Uses Meeting Summary, City of Newport Beach web site City of Newport Beach I Home newportbeachca.gov), Monday, October 11, 2021 City of Newport.Beach, Power Point from Community Meeting Sober Living Homes, Group Homes, and State Licensed Residential Care Facilities, City of Newport Beach web site City of Newport Beach I Home newportbeachca.gov), Monday, October 11, 2021 City Newport Beach, Document comparing City of Newport Beach Group Home Ordinance to City of Costa Mesa Group Home Ordinance, City of Newport Beach web site City of Newport Beach I Home newportbeachca.gov), Friday, September 24, 2021 Staff, How to Open a Sober Living Home in California, Blog Post at Sober Living App, Tuesday, May 11, 2021 Web Site Posting, How Much Profit Can Be Made From a Halfway House?, HALFWAY GROUP LLC website How Much Profit Can Be Made From A Halfway House?.openupahalfwayhouse.com),Tuesday, February 2, 2021 County of Orange Press Release, Ending Rehab Riviera: Orange County First, County of Orange website,Thursday, October 1, 2020 County of Orange, County of Orange Group Home Ordinance, County of Orange website, Tuesday,July 28, 2020 ORANGE COUNTY GRAND JURY 2022 12023 Page 36 of 42 466 WELCOME TO THE NEIGHBORHOOD David Gorn, Doing the 'sober-living dance' on the Orange County coast, CalMatters,Tuesday, June 23, 2020 Elysia Richardson, Do Drug Treatment Centers Increase Local Crime Rates?, California Highlands Vista Drug Treatment Centers Web Site https://californiahighlandsvistas.com/blog/crime- rates/, Monday, February 10, 2020 Orange County Public Works, Fact Sheet on Group Home Requirements, County of Orange website https://myoceservices.ocgov.com , Saturday, February 1, 2020 Michelle Mears, Orange County Tackles Homeless Issue by regulating Group Homes, Glove, Friday, September 27, 2019 Michelle Mears, Orange County Tackles Homeless Issue by Regulating Group Homes, California Globe, Friday, September 27, 2019 City of Newport Beach, Group Home List, City of Newport Beach web site City of Newport Beach I Home newportbeachca.gov),Thursday, September 19, 2019 Frank Kim, OC County Executive Officer, Memo regarding proposed ordinance to regulate Sober Living Homes, County of Orange Web Site, Wednesday, June 19, 2019 California Department of Social Services,.Overview of the Group Home Rate Classification Levels, DSS Website information sheet,Thursday, April 4, 2019 Miami-Dade County Form, Miami-Dade County Group Home Application, Miami-Dade County Website.Group Home Application-no aff disc 2019 (miamidade.gov), Monday, April 1, 2019 Steven P. Dinkin, Utilizing the Safe Streets Now playbook, San Diego Union-Tribune, Sunday, January 13, 2019 Brady P. Horn, Aakrit Joshi, Johanna Catherine Maclean, Substance Use Disorder Treatment Centers And Property Values, National Bureau Of Economic Research,Tuesday,January 1, 2019 Teri Sforza, New rehab laws may revamp addiction treatment in California, Orange County Register, Thursday, September 27, 2018 City of Laguna Niguel, Group Home Permit Application, City of Laguna Niguel website https://cityoflagunaniguel.org/, Wednesday,July 4, 2018 William Leonard, Sober living homes in Orange County California, Sober Living Local, Saturday, May 5, 2018 Tony Saavedra,Teri Sforza, Death in rehab generates $7 million award, Orange County Register, Sunday, February 18, 2018 Teri Sforza,Tony Saavedra, Quest for sobriety often ends in sexual assault at some rehabs in Southern California, Orange County Register, Friday, January 19, 2018 ORANGE COUNTY GRAND JURY 2022 12023 Page 37 of 42 467 WELCOME TO THE NEIGHBORHOOD US Department of Health and Human Services, Ensuring Beneficiary Health and Safety in Group Homes Through State implementation, DHSS Web Site https://www.hhs.gov/guidance/document/joint-report-ensuring-beneficiary-health-and-safety- group-homes-through-state , Wednesday, January 10, 2018 Teri Sforza, Rehab Riviera: California testing Vermont's model to fight addiction, Orange County Register, Friday, December 29, 2017 Teri Sforza,Tony Saavedra, Scott Schwebke, Rehab Riviera: Industry struggling to get clean, Orange County Register, Friday, December 29, 2017 Teri Sforza, Rehab Riviera: Are drugs for drug addicts a solution or a crutch?, Orange County Register, Thursday, December 28, 2017 Tony Saavedra, Scott Schwebke, How a multimillion-dollar empire built around urine drug tests exposes flaws in California's rehab laws, Orange County Register, Sunday, December 17, 2017 Jordan Graham, Are drug rehab centers fueling homelessness in Southern California?, Orange County Register, Sunday, December 17, 2017 Teri Sforza, Are implants for opioid addicts a new hope or a new scam?, Orange County Register, Sunday, October 22, 2017 Teri Sforza, San Clemente's 'discriminatory' rules on addiction treatment centers intact after suit settles, Orange County Register, Wednesday,July 5, 2017 Teri Sforza, California the over-regulator? Not for addiction treatment, Orange County Register, Friday, June 23, 2017 Teri Sforza, Addiction treatment:The new gold rush. 'It's almost chic', Orange County Register, Friday, June 16, 2017 US Congress Committee on Energy and Commerce, Letter to Thomas E. Price, M.D. Secretary U.S. Department of Health and Human Services Regarding problems resulting from the dramatic surge of addiction treatment centers and "sober living" homes, Congressional Record, Tuesday,June 13, 2017 Scott Schwebke, Teri Sforza, Federal agents search Sovereign Health rehab in San Clemente, elsewhere, Orange County Register, Tuesday, June 13, 2017 California Department of Social Services Community Care Licensing Division, Power Point on Orange County Regional Office and what it does Newport Beach Meeting, Web Site of Department of Social Services www.ccld.ca.gov,Thursday,June 1, 2017 Teri Sforza, Detox can end in death at some 'non-medical' Southern California rehabs, Orange County Register,Tuesday, May 23, 2017 ORANGE COUNTY GRAND JURY 2022 12023 Page 38 of 42 468 WELCOME TO THE NEIGHBORHOOD Todd Harmonson, Sean Emery, O.C. District Attorney charges family, doctors with insurance fraud related to sober living homes, urine tests, Orange County Register,Tuesday, May 23, 2017 Teri Sforza,Tony Saavedra, Scott Schwebke, Lori Basheda, Mindy Schauer,Jeff,Gritchen, Ian Wheeler, How some Southern California drug rehab addiction centers exploit addiction, Orange County Register, Sunday, May 21, 2017 Teri Sforza, Is there a link between neighborhood rehab programs and petty crime in California?, Orange County Register, Sunday, May 21, 2017 Staff Report,The Southern California rehab industry spans the nation, Orange County Register, Sunday, May 21, 2017 Jan Wheeler, Registered Rehabs Map, Orange County Register,Thursday, May 4, 2017 Mindy Schauer, Heroin's hold: One man's journey through the Southern California rehab industry, Orange County Register, Monday, May 1, 2017 CBS News, OC Neighbors Not Comfortable Next to Sober Living Homes,YouTube Posting, Tuesday, November 29, 2016 California Research Bureau, Sober Living Homes in California: Options for State and Local Regulation, California Research Bureau Publication in State Library https://www.Iibrary.ca.gov/crb/, Friday, October 7, 2016 Amy A. Mericle, Katherine J. Karriker-Jaffe,.Shalika Gupta, David M. Sheridan, Doug L. Polcin, Distribution and Neighborhood Correlates of Sober Living House Locations in Los Angeles, American Journal of Community Psychology,Thursday, September 1, 2016 Teri Sforza, California argues sober home ordinances are illegal, forcing cities to make expensive decisions, Orange County Register, Saturday, December 19, 2015 J Murphy- City of La Mesa Fact Sheet, Residential Care Facilities (or"Group Homes") in the City of La Mesa, City of La Mesa website http://www.cityoflamesa.com ,Thursday, October 29, 2015 County of Orange published guideline, Orange County Adult Alcohol And Drug Sober Living Facilities Certification Guidelines, County of Orange Sheriff Departments website, Monday, January 27, 2014 Sober Living by the Sea, Drug Rehab and Alcoholism Treatment OC CA by Sober Living by the Sea, YouTube Posting, Wednesday, May 23, 2012 You Get Me3, Santa Ana Sober Living Homes,YouTube Posting, Saturday,July 3, 2010 Paul J. Weinberg,Alcohol And Drug Rehab Homes classic Nimbyism Or Everyone's Fair Share, Thomson Reuters/West Zoning and Planning Law Report, Wednesday, October 1, 2008 ORANGE COUNTY GRAND JURY 2022 12023 Page 39 of 42 469 WELCOME TO THE NEIGHBORHOOD City of Newport Beach, City of Newport Beach Residential Group Home Permit, City of Newport Beach web site City of Newport Beach I Home newportbeachca.gov), Friday, February 1, 2008 David DeBerry, Group Homes in the Neighborhood, Western City, Friday, September 1, 2006 NOTICE Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. END NOTES 1 Group Homes in the Neighborhood David Debarry, Jeff Bellinger, Western City 09-01-2006 https://www.westerncity.com/article/group-homes-neighborhood 2 Ibid. Division of Housing Policy Development. "Group Home Technical Advisory." California Department of Housing and Community Development, December 2022. https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/group-home-technical-advisory- 2022.pdf 3 CA Health &Safety Code Section 1267.9 4 Sforza, Terri. "California the over-regulator? Not for addiction treatment." Orange County Register, June 23, 2017. https://www.ocregister.c4om/2017/06/23/california-the-over-regulator-not-for-addiction- treatment 5 ibid . Division of Housing Policy Development. "Group Home Technical Advisory." California Department of Housing and Community Development, December 2022. https://www.hcd.ca.gov/sites/default/files/dots/planning-and-community/group-home-technical-advisory- 2022.pdf 6 Sforza, Terri. "California the over-regulator? Not for addiction treatment." Orange County Register, June 23, 2017. https://www.ocregister.c6om/2017/06/23/california-the-over-regulator-not-for-addiction- treatment/ 7 California Research Bureau, Sober Living Homes in California: Options for State and Local Regulation, California Research Bureau Publication in State Library_Friday, October 7, 2016, https://www.library.ca.gov/crb/., 8 CA Health &Safety Code Section 1267.9 ORANGE COUNTY GRAND JURY 2022 12023 Page 40 of 42 470 WELCOME TO THE NEIGHBORHOOD 9Orange County Register Megan Nicolai, July 15, 2015, Newport Beach Settles legal battle over Sober- Living homes, 10 Orange County Register Megan Nicolai, July 15, 2015, Newport Beach Settles legal battle over Sober- Living homes. 11 Los Angeles Times Susannah Rosenblatt, May 22, 2008, Sober living homes rushing to meet Newport's deadline. 12 Community Meeting on Group Residential Uses October 11, 2021 Meeting Summary https://nbpd.newportbeachca.gov/home/showpublisheddocument/70754/637703409585700000 13 New regional task force will tackle issues with sober living and recovery homes,News Category, City of Mission Viejo Public Notices, September 1, 2022, new regional task force will tackle issues with sober living and recovery homes I City of Mission Viejo 14 Grandma's House of Hope v. City of Anaheim and City Council of Anaheim Case No. 30-2022- 0124183-CU-WM-OJC 15 Newport Beach Ordinance 2008-05 16 Orange County Register Megan Nicolai, July 15, 2015, Newport Beach Settles legal battle over Sober- Living homes, 17 City of Costa Mesa Ordinance Chapter 13-3001 16 Orange County Register Article, May 21, 2021 —State argues sober home ordinances are illegal, forcing cities to make expensive decisions 19$42 Billion U.S. Addiction Rehab Industry Poised for Growth, and Challenges (marketresearch.com) 20 Ca Department Of Housing And Community Development, Group Home Technical Advisory, dated December 2022 21 Housing Element Update, 2021-2029 Planning Period FAQ & Fact Sheet,City of Arcadia https://cros9files.revize.com/arcadia/Shape%20Arcadia/Development%20Services/planning/Housing%20 Element%20Update/FAQ/Housing%20Element%20Fact%20Sheet_FINAL.pdf 22 www.gov.ca.gov/2021/09/28/governor-newsom-signs-legislation 23 Growing List of Penalties for Local Governments Failing to Meet State Housing Law,Association of Bay Area Governments, June 2021, https://abag.ca.gov/sites/default/files/documents/2021- 06/Consequences%20of%20Non-Compliance%20with%20Housing%20Laws.pdf 24 Housing Element Update, 2021-2029 Planning Period FAQ & Fact Sheet,City of Arcadia https://cros9files.revize.com/arcadia/Shape%20Arcadia/Development%20Services/planning/Housing%20 Element%20Update/FAQ/Housing%20Element%20Fact%20Sheet_FINAL.pdf 25 Housing Element Update, 2021-2029 Planning Period FAQ & Fact Sheet,City of Arcadia https://cros9files.revize.com/arcadia/Shape%20Arcadia/Development%20Services/planning/Housing%20 Element%20Update/FAQ/Housing%20Element%20Fact%20Sheet_FINAL.pdf ORANGE COUNTY GRAND JURY 2022 12023 Page 41 of 42 471 WELCOME TO THE NEIGHBORHOOD 26 Walker, Theresa OC Register 10-25-2021 Housing for mentally ill homeless women draws heated Anaheim response https://www.ocregister.com/2021/10/25/housing-for-mentally-ill-homeless-women-draws-heated-anaheim- response/ 27 Grandma's House of Hope v. City of Anaheim and City Council of Anaheim Case No. 30-2022- 0124183-CU-WM-OJC 28 City of Anaheim Planning Commission,PC Action Packets 8-30-2021 https://records.anaheim.net/CityClerk/DocView.aspx?id=2428318&dbid=0&repo=CITYOFANAHEIM 29 Many attend town hall on rehab houses,OC Register, 2-23-2007 Many attend Newport town hall on rehab houses—Orange County Register(ocregister.com) 3° Ibid. Many attend town hall on rehab houses 31 Sober Living Homes Town Hall ORANGE COUNTY GRAND JURY 2022 12023 Page 42 of 42 472 ATTACHMENT #6 �rrri S #l#t�M TiNCIo ,''U' CITY OF HUNTINGTON BEACH •T.;.;z% 2000 MAIN STREET,4TH FLOOR CALIFORNIA, 92648 • September 5, 2023 Maria Hernandez Presiding Judge of the Superior Court 700 Civic Center Drive West Santa Ana, CA 92701 RE: City of Huntington Beach Response to the 2022-2023 Orange County Grand Jury Report, "Welcome to the Neighborhood" Are Cities Responsibly Managing the Integration of Group Homes?" Honorable Presiding Judge Hernandez: In accordance with Penal Code 933 and 933.05(a) and (b), the City of Huntington Beach submits the following response to the report, findings, and recommendations of the 2022-2023 Orange County Grand Jury Report titled, "Welcome to the Neighborhood"Are Cities Responsibly Managing the Integration of Group Homes?" FINDINGS Fl. Group homes too close to one another contribute to the problems associated with overconcentration. Response: The City of Huntington Beach agrees with the above finding. F2. Common nuisances are more likely and disruptive when sober living homes are concentrated in a small geographic area of a neighborhood. Response: The City of Huntington Beach agrees with the above finding. F3. Some cities have successfully addressed and informed community members about the challenges faced in regulating group homes. Response: The City of Huntington Beach agrees with the above finding F4. Community satisfaction was minimal when cities took the traditional public comment approach towards addressing community complaints. Response: The City of Huntington Beach is not sure what this refers to, e.g., community complaints about the issue generally or specific homes, or the City's historical response to the issue (?). F5. Cities are not utilizing police, fire, and code enforcement complaints as a means of locating and tracking Group Homes. TELEPHONE (714) 536-5553 Response—Grand Jury Report(Group Homes) 9/5/2023 Page 2 of 3 Response: The City of Huntington Beach may disagree partially with the above finding. Complaints about alleged illegal activity or residential nuisances received through police and code enforcement are used to locate and track alleged illegal activity or residential nuisances until the complaint is resolved. F6. Cities are inhibited from enacting and enforcing ordinances due to fears over the potential cost of litigation. Response: This may be true for other cities, the City of Huntington Beach is not certain. The City of Huntington Beach has enacted and does enforce its ordinances for the benefit of both the communities in which these homes are located, but also for the safety and protection of those residents in those homes. F7. Several cities have created an ordinance that requires a ministerial permit or registration to operate a group home, however many of these cities do not enforce their ordinances. Response: This may be true for other cities, the City of Huntington Beach is not certain. The City of Huntington Beach has enacted and does enforce its ordinances for the benefit of both the communities in which these homes are located, but also for the safety and protection of those residents in those homes. F8. City and County officials are deterred from regulating group homes by California Housing and Community Development's housing element approval process. Response: The City of Huntington Beach agrees with the above finding; although, the City's current regulatory scheme was not a barrier to the City obtaining approval of its proposed Housing Element. F9. Cities have historically strategized and acted independently in addressing group home challenges and solutions. Response: The City of Huntington Beach agrees with the above finding. F10.Well-operated group homes can integrate smoothly into neighborhoods. Response: The City of Huntington Beach agrees with the above finding. F11. There is a lack of regulatory oversight for the health and safety of residents of unlicensed group homes. Response: The City of Huntington Beach agrees with the above finding; which is why the City's current regulatory scheme is meritorious. The City's regulations aim to protect both the communities in which the homes are located and those residents in those homes. RECOMMENDATIONS RI. Orange County cities and the County of Orange should address citizen concerns regarding group homes by providing an opportunity for an open dialog where an interdisciplinary panel of subject matter experts can share with attendees the challenges cities are facing in the management of group homes. To be implemented by July 1, 2024. (F3, F4) Response—Grand Jury Report(Group Homes) 9/5/2023 Page 3 of 3 Response: This recommendation has not yet been implemented, but will be implemented by the City to the extent requested by the County of Orange and other Orange County cities by July 1,2024. R2. By December 31, 2024, Orange County cities and the County of Orange should collaborate in their efforts to create ordinances for the regulation of group homes, including the development of model ordinances. (F6, F7, F9) Response: The City of Huntington Beach has already adopted a local ordinance. R3. Orange County cities and the County of Orange should pool resources for defense of lawsuits challenging group home ordinances. To be implemented by July 1, 2024. (F6, F8, F9) Response: The City of Huntington Beach's regulations are currently in compliance with State Law. R4. The County of Orange and Orange County cities should create a Task Force that includes representatives from OC cities, unincorporated areas, and other entities as appropriate and charge it with the responsibility of developing a plan to generate awareness among State legislators and regulators of the need for improved regulations and management standards to ensure health and safety for Group Home residents. To be implemented by July 1, 2024.(F2, F10,FII) Response: The City is willing to participate in a countywide task force to the extent requested by the County of Orange and other Orange County cities by July 1, 2024. R5. Orange County cities and the County of Orange should modify code enforcement report data collection forms to include a searchable field that enables the identification of a residence operating as a group home. To be implemented by July 1, 2024. (F5, F7, FII) Response: The City is willing to consider this to the extent requested by the County of Orange and other Orange County cities by July 1,2024. Should you have any questions or need additional information, please contact City Manager Al Zelinka at 714-536-5202 or via email at al.zelinka(a�surfcity-hb.org. Respectfully submitted, 4'? 4‘,0&t,3 Tony Strickland, Mayor Cc: Al Zelinka, City Manager Travis Hopkins, Assistant City Manager Jennifer Villasenor, Acting Director of Community Development Michael Gates, City Attorney LiA City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 � Tony Strickland Mayor September 5, 2023 Maria Hernandez Presiding Judge of the Superior Court 700 Civic Center Drive West Santa Ana, CA 92701 RE: City of Huntington Beach Response to the 2022-2023 Orange County Grand Jury Report, "Welcome to the Neighborhood" Are cities responsibly managing the integration of group homes? Honorable Judge Hernandez: In accordance with Penal Code 933 and 933.05(a)and (b),the City of Huntington Beach submits the following response to the report,findings, and recommendations of the 2022-2023 Orange County Grand Jury Report entitled, "Welcome to the Neighborhood"Are cities responsibly managing the integration of group homes? FINDINGS Fl.Group homes too close to one another contribute to the problems associated with overconcentration. Response: The City of Huntington Beach agrees with the above finding. F2. Common nuisances are more likely and disruptive when sober living homes are concentrated in a small geographic area of a neighborhood. Response: The City of Huntington Beach agrees with the above finding. F3. Some cities have successfully addressed and informed community members about the challenges faced in regulating group homes. Response: The City of Huntington Beach agrees with the above finding. TELEPHONE (714) 536-5553 473 F4. Community satisfaction was minimal when cities took the traditional public comment approach towards addressing community complaints. Response: The City of Huntington Beach is not sure what this refers to, e.g., community complaints about the issue generally or specific homes,or the City's historical response to the issue (?). F5. Cities are not utilizing police,fire,and code enforcement complaints as a means of locating and tracking Group Homes. Response: The City of Huntington Beach may disagree partially with the above finding.Complaints about alleged illegal activity or residential nuisances received through police and code enforcement are used to locate and track alleged illegal activity or residential nuisances until the complaint is resolved. F6.Cities are inhibited from enacting and enforcing ordinances due to fears over the potential cost of litigation. Response: This may be true for other cities,the City of Huntington Beach is not certain. The City of Huntington Beach has enacted and does enforce its ordinances for the benefit of both the communities in which these homes are located, but also for the safety and protection of those residents in those homes. F7.Several cities have created an ordinance that requires a ministerial permit or registration to operate a group home, however many of these cities do not enforce their ordinances. Response: This may be true for other cities,the City of Huntington Beach is not certain. The City of Huntington Beach has enacted and does enforce its ordinances for the benefit of both the communities in which these homes are located, but also for the safety and protection of those residents in those homes. F8. City and County officials are deterred from regulating group homes by California Housing and Community Development's housing element approval process. Response: The City of Huntington Beach agrees with the above finding; although,the City's current regulatory scheme was not a barrier to the City obtaining approval of its proposed Housing Element. F9. Cities have historically strategized and acted independently in addressing group home challenges and solutions. Response: The City of Huntington Beach agrees with the above finding. F10.Well-operated group homes can integrate smoothly into neighborhoods. Response: The City of Huntington Beach agrees with the above finding. 2 474 F11.There is a lack of regulatory oversight for the health and safety of residents of unlicensed group homes. Response: The City of Huntington Beach agrees with the above finding;which is why the City's current regulatory scheme is meritorious. The City's regulations aim to protect both the communities in which the homes are located and those residents in those homes. RECOMMENDATIONS R1. Orange County cities and the County of Orange should address citizen concerns regarding group homes by providing an opportunity for an open dialog where an interdisciplinary panel of subject matter experts can share with attendees the challenges cities are facing in the management of group homes.To be implemented by July 1,2024.(F3,F4) Response: This recommendation has not yet been implemented, but will be implemented by the City to the extent requested by the County of Orange and other Orange County cities by July 1, 2024. R2. By December 31,2024,Orange County cities and the County of Orange should collaborate in their efforts to create ordinances for the regulation of group homes, including the development of model ordinances. (F6, F7, F9) Response: The City of Huntington Beach has already adopted a local ordinance. R3.Orange County cities and the County of Orange should pool resources for defense of lawsuits challenging group home ordinances.To be implemented by July 1, 2024. (F6, F8, F9) Response: The City of Huntington Beach's regulations are currently in compliance with State Law. R4.The County of Orange and Orange County cities should create a Task Force that includes representatives from OC cities,unincorporated areas,and other entities as appropriate and charge it with the responsibility of developing a plan to generate awareness among State legislators and regulators of the need for improved regulations and management standards to ensure health and safety for Group Home residents.To be implemented by July 1,2024. (F2, F10, F11) Response: The City is willing to participate in a countywide task force to the extent requested by the County of Orange and other Orange County cities by July 1, 2024. R5.Orange County cities and the County of Orange should modify code enforcement report data collection forms to include a searchable field that enables the identification of a residence operating as a group home.To be implemented by July 1,2024. (F5, F7, F11) Response: The City is willing to consider this to the extent requested by the County of Orange and other Orange County cities by July 1, 2024. 3 475 Should you have any questions or need additional information, please contact City Manager Al Zelinka at 714-536-5202 or via email at al.zelinka@surfcity-hb.org. Respectfully submitted, Tony Strickland Mayor 4 476 ATTACHMENT #7 x x b; . 7 .t * INIC*.*.jr'le* I; '''14';'•7.''''''4..,14., ,,,'.i:liiiiiii,,i,o,.:+;.rir#, prr ,. jj�' '�;y�,. r � :" 6,,. .;il. ,.3h? 4 t t. ' 4 ;] i! `�t^`y a...• .n. +t-t - •, '� ,.` V,- 45't'�—t � !ter 'b. # ., $r: 1 4 �{4I9�'" '� C.+ 't. Rt t�, ,�x - .:,� '■�� , i 4- ' "D. upl �. ,I, Ltd 4 V t,,,,„-,„_",f ,�, • ' • t �""� s • r' `" -, 4- .ye _ m a' 4 1*� is Y' t is I itla :, .. .‘,,,,,-.', --v , .,4g3,, .* -.-.,,---=t ii., -, -, ,:• 44",' --e ,?t . : • C y F. A% ,...i. , ' ': n.1' ,,s r , tt }, 1 _ i.'i-sti' .;'* t. • ,* �..• ` t Y.t4 3 � 'w •. `NSF .4 1 +{ i , . F,K yg 1 i h 11‘ .M�ralF r • a __----- �_ _._.,.i Historic Rain , Yet Drought Remains J c 11i{t nl 09 JPoV County of Orange Grand Jury 2022-2023 477 HISTORIC RAIN, YET DROUGHT REMAINS TABLE OF CONTENTS SUMMARY 3 BACKGROUND 4 REASON FOR STUDY 5 METHOD OF STUDY 6 INVESTIGATION AND ANALYSIS 7 Climate 7 Water Demands 8 Overview of Water Suppliers and Agencies 9 Metropolitan Water District (MET)— (Water Wholesaler) 9 Municipal Water District of Orange County (Water Wholesaler) 11 Orange County Water District (Water Wholesaler) 12 Water Retailers 12 State of California Managed Supplies 14 Federal Intervention 16 Water Justice 16 Actions to Secure and Strengthen Supply 17 Effective Management of Initiatives 17 Public Awareness of the Need for Action 20 Effect on Local Economy 21 Drinking Water Obtained from the Sea 22 COMMENDATIONS 24 FINDINGS 24 RECOMMENDATIONS 25 REQUIRED RESPONSES 26 REQUESTED RESPONSES 27 GLOSSARY 31 REFERENCES 34 APPENDIX A: ACTIONS BY LOCAL AGENCIES TO SECURE SUPPLY 38 Purchase of water rights 39 Utilization of other supplies 44 Water Efficiency to Increase Supply 44 APPENDIX B: GRAPHICS OF INTEREST 45 BIBLIOGRAPHY 48 ORANGE COUNTY GRAND JURY 2022 12023 Page 2 off HISTORIC RAIN,YET DROUGHT REMAINS NOTICE 56 ENDNOTES 56 SUMMARY The "atmospheric river" of winter 2022-23 in California, causing floods in the lowlands and record snowpack in the mountains, has many people assuming that the "drought is over." This assumption is far from the truth. Drought conditions are here to stay. While Orange County dams and reservoirs are currently at full capacity and the Sierra snowpack is at its deepest level in many years, there has been limited impact on the Western Rockies, the Colorado River, Lake Powell, and Lake Mead from which Southern California draws a significant amount of its potable water supply. For the purposes of this report, the Orange County Grand Jury differentiated between source and supply. The source of water is the ocean and the resultant precipitation. The supply of water is how precipitation is captured and delivered to consumers of water, including recycling and reuse of this water. Climatologists, water experts, and water managers agree we must adapt to climate change because longer droughts and extreme weather patterns are inevitable, adding urgency towards finding new methods for obtaining additional water sources. In Orange County, the lack of available water over the past few years has frequently been identified as a "Water Crisis", yet the phrase has failed to capture the scope of how dire the situation is. Generally, people don't think about having enough water because it has been reliably available their entire lives. Throughout the county, there are numerous innovative water projects under consideration or development, but they may not be timely enough to avoid people running short of water and having to conserve much more, ultimately leading to mandated rationing. Approximately half of all water used in Southern California is imported from the Colorado River and from the California Aqueduct. This imported water is severely constrained and unreliable. With infrequent and unreliable amounts of precipitation supplying both the Northern California Water Project and the Colorado River, the situation is becoming more critical. Several South Orange County cities rely almost solely on these imports. Locally, significant efforts are being made to re-use wastewater. These efforts are limited by the amount of water available from everyday use and do not create a new water source. North and Central Orange County are served by a well-managed supply of water in underground storage, but it cannot meet the needs of the entire County. South County is entirely dependent on imported water. The State of California mandated local governments to provide more affordable housing and is also promoting higher density development. This does not recognize the limitations of the current water supply and its social and economic impacts. The State has failed to provide a supply of water to support these mandates. ORANGE COUNTY GRAND JURY 2022 12023 Page 3 off HISTORIC RAIN, YET DROUGHT REMAINS Public awareness must be expanded to encourage better management of our water by expediting the process for planning and construction of new water sources such as desalination and prioritizing funding. The Orange County Grand Jury recommends the creation of a "Climate Resiliency District" to lessen the County's dependence on State and regional water projects. Just as Orange County supported Measure M and created the Orange County Transportation Authority to solve the county's transportation crisis, the same bold leadership is needed to solve the county's water crisis. This report presents information about the current crisis in water planning, existing projects to increase the supply of non-potable water for irrigation, and storage issues. The report makes recommendations for a reliable source of potable water through desalination of ocean water. BACKGROUND Water is our most precious resource, but due to shifts in climatic weather patterns, the reliability of traditional water supplies is under intense pressure in Orange County. Many water business insiders are stating privately that these systemic events are now at a "crisis" stage, despite the recent precipitation. To date, traditional water suppliers in Orange County have not addressed the implications of this systemic shift. They have maximized local resources by recycling, capturing flood water runoff, and finding new areas for storage. However, they have yet to fully develop a transformational drought-resistant water resource outside the status quo. Numerous past Orange County Grand Jury reports1 have dealt with the internal governance and organizational structure or the need for conservation efforts to maximize water utilization. This report elaborates on the dependency on outside water supplies such as the California Water Project and the Colorado River Basin that provide over 50% of our county's local water supply. South Orange County lacks a bountiful aquifer that provides North and Central Orange County with 70% of its water supply.2 South Orange County depends on imported water for 90% of its needs. These imported water supplies are becoming less reliable, with annual reductions occurring in both the California Water Project and the Colorado River Basin creating major disruptions. Conservation measures have been put in place throughout Orange County to maximize existing supplies to help mitigate these concerns. This is simply inadequate to resolve the long-term supply issue. One of the ways to resolve this issue is desalination, a proven alternative that has not yet been fully implemented in Orange County. ORANGE COUNTY GRAND JURY 2022 12023 Page 4 of11 HISTORIC RAIN, YET DROUGHT REMAINS -_ — __-._ �.__.___ _ hers Southern California `t, i+ Gets Its Water i \\ '1: 0% Import s 0% Local t r" Transfers & Storage ~y x 2 t 1 Local Supplies -- , LA Aqueduct (1913) ...State �\ , �r h i .\„.` Water 4 Colorado River Project x A "'ed cr Aqueduct (1941 Entitlement (1972) :Et1T 1 ea„Ft_ : t Local Supplie Groundwater & Recycling �''_ _ Conservation N VNICt?A4. - . Z LCATRr fill Q. naArauc COUNTY REASON FOR STUDY The Western United States is experiencing a water crisis. The climate is changing, and our supply of water has diminished while our population has increased. This situation did not occur overnight and the efforts to mitigate the crisis have been slow and ineffective. Existing water agencies in Orange County are not adequately structured or managed to implement the transformational strategies necessary to create a new source of potable water, specifically through desalination. It is possible that a merger of two or more agencies could pivot this new source, but they are already performing the functions for which they were created and it might be difficult to assimilate new functions. The Orange County Grand Jury recommends the creation of a new agency, a Climate Resiliency District, to develop and manage this drought-resistant resource. Local water suppliers, including cities and special districts, are to be commended for attempting to meet the crisis within constraints. The Orange County Water District very ORANGE COUNTY GRAND JURY 2022 12023 Page 5 of16 HISTORIC RAIN, YET DROUGHT REMAINS successfully manages the ground water basin serving North and Central Orange County. These efforts include actively pursuing water transfer and water banking agreements outside of Orange County. Local water suppliers need to expand their portfolio to meet demands. Additional capture of precipitation, supplying groundwater through infiltration, additional storage systems, development of ocean desalination, and recycling and reuse of water all need to be considered and improved and implemented. The general public, the ultimate users of the water, need to continue their efforts to conserve water by installing low-flow toilets and showerheads, appliances that use less water, using recycled water for landscape irrigation, and eventually accepting the use of recycled water purified for drinking purposes. They also need to support and expedite the development of desalination plants to create a new source of water for the future. It will be necessary for the water suppliers to develop effective public awareness programs to help the public understand the need and desirability of this new paradigm. METHOD OF STUDY The Orange County Grand Jury (OCGJ) took the following steps in investigating this issue: • Identified and interviewed key personnel: o Persons or entities responsible for providing potable water to their Orange County constituents o Persons knowledgeable in projects to improve capture, reclamation, recycling, delivery, and infrastructure improvements o Persons involved in the planning and execution of providing new habitable dwellings o Persons who are reputable in the field of climatology— past, present, and future • Reviewed information from the various water districts and interested parties including: o Orange County Water District (OCW) o Orange County Coast Keepers o California Department of Water Resources o Miscellaneous Water Districts o Municipal Water District of Orange County (MWDOC) o Metropolitan Water District (MET) • Reviewed numerous documents pertaining to this report (see bibliography for complete list) • Members of the OCGJ toured the following facilities: o Municipal Water District of Orange County Headquarters o Orange County Water District Ground Water Recovery Facility o Metropolitan Water District • Headquarters ORANGE COUNTY GRAND JURY 2022 12023 Page 6 of`61 HISTORIC RAIN, YET DROUGHT REMAINS ■ F.E. Weymouth Water Treatment Plant and Quality Control Laboratory ■ Pure Water Southern California Demonstration Plant in Carson INVESTIGATION AND ANALYSIS Climate The current state of our climate is a prolonged drought. To survive, local sources of water need to be more resilient. Throughout Earth's evolution, there have been and continue to be impacts on its climate. The continents have been drifting since there was a super continent, Pangea, 175 million years ago. The resulting different geographic locations have differing climate conditions which are still evolving. These "climate changes" have been extensively studied and documented by paleo-climatologists, and their data has been used to forecast what climate conditions will most probably be in the future. "The current state of our climate is a prolonged drought. -To survive, local sources of water need to be more resilient. Today's scientists and climatologists agree that Earth is changing due to evolutionary cycles and that climate warming is being acutely exacerbated and accelerated by the effects of human activities. Worldwide, glaciers are receding, sea levels are rising, and permafrost melting. Many global regions that were historically self-sufficient for potable water are now in periods of extended drought where precipitation is a declining resource. Orange County is directly affected by the resulting effects of climate change, evidenced by water reduction mandates and the various proposed means and methods to capture, recycle, and store more water. This report acknowledges climate change and its effects on the people of Orange County. It examines whether the current proposed means and methods for securing more water are sufficient to sustain the projected growth in the county and support the green and vibrant lifestyle to which its inhabitants have become accustomed. As evidenced over the past five decades, the durations and resulting expectations from the seasons in this geographic region of the U.S. (Western) have dramatically changed. Winters have seen declining periods of sustained precipitation, and summers are hotter, longer, and drier. This has directly affected the rivers, lakes, streams, dammed reservoirs above ground and aquifers below ground that rely on melted snow and rain for continued and reliable replenishment. Paleo-climatologists have validated the past ORANGE COUNTY GRAND JURY 2022 12023 Page 7 off HISTORIC RAIN, YET DROUGHT REMAINS climate drought trends, and today's climatologists are predicting the same, punctuated by infrequent periods of precipitation, like the precipitation events of this past winter (2022-23). This all points to the current supplies of water not being dependable. Key facts and predictions identified during interviews and the numerous climate articles reviewed are: • The current Western United States drought is the longest in 1,200 years • The drought is likely to continue for the next 100 years. • The current Southern California climate is characterized as "drought" but this is likely to be interrupted by infrequent wet years. • Human activities have affected the climate. The Southern California climate is expected to enter a cooler phase based upon long-term historic trends, rather than the current warming. • Even if carbon emissions are suddenly decreased, the climate could take up to 100 years to adjust. The following graph illustrates the current tendency of the climate. It shows five categories: Abnormally Dry (DO), showing areas that may be going into or are coming out of drought, and four levels of drought (D1—D4). The darker the color, the deeper the drought. It clearly shows increased and more frequent levels of drought for California. 100%- __ 90%- .f 1 %�i .--\,„ ..4%...,,,..„, 80%- ' "fr:41 t ,,4, 60%- EC.! ' �� 1 E t _ 9 50% 4 ti= 1k „,, 3 � 1 I dt, r 1 4; /.,, R 'e I 1p 0 30%- 5 1 r .4 jS kF • I ' , ;11 t. . }+ `, , ,f4Y: - i ,,,,,, , „.„,: , , , t'',;.„:7„,,,,,.,, ,.. ts-,,:, 40,,, : ..t,,,,. , , r ,, ,, .., , , 000 0, 0€0 0€0 O€0 0, 000 007 000 004 0.ti0 0,.1 O,,, 0ti'3 O,tiA O•vy O., O, Oyu 0 .61, 0.1> O.y'Y Off', 'L 'Y 'Y 'L 'L 'Y 'Y 'Y 'L 'Y ti h 'L 'L 'L 'Y 'L 'L 'L 'L 'L 'Y 'L 'L ❑DO ❑D1 H D2 I D3 MID4 U.S.Drought Monitor California Drought as the norm has reduced precipitation as a source of water and Orange County needs to respond to it by providing a more drought resilient supply of water. Water Demands • In the past fifty years, California's population has nearly doubled. Water is needed, and expected, to sustain the current population in all aspects: quality of life, commerce, industry, agriculture, etc., and promote growth and development. However, current, and foreseeable circumstances regarding water availability ORANGE COUNTY GRAND JURY 2022 12023 Page 8 off# HISTORIC RAIN, YET DROUGHT REMAINS have severely impacted modern Californians' expected way of life. To preserve the status quo, water reduction mandates are used to facilitate further development. • Some water agencies are paying farmers to not grow crops. They are transferring the farmer's water rights to the water agency to feed the thirst of metropolitan areas. Many projects to capture, transport, and store water have been proposed but not yet constructed due to various political and environmental obstructions. The projects that have been approved to capture, store, recycle, and transport more water will only succeed if there is enough water to do so. Precipitation is a declining source of water. Interviews with water experts, e.g., wholesalers, retailers, and suppliers have said that "we cannot conserve our way out of the drought" but they have yet to make Orange County self-sufficient. Overview of Water Suppliers and Agencies The water supply for Orange County is primarily managed by three entities — Orange County Water District (OCWD), Municipal Water District of Orange County (MWDOC), and Metropolitan Water District (MET). Consumers receive their water from 29 independent water districts and cities. The suppliers primarily receive water from either the groundwater basin managed by OCWD, directly from MET, or through MWDOC. The water agencies also have additional minor supplies of water, including treated surface waters and supplies obtained from agreements with other entities. Some of the water agencies provide treated wastewater for landscaping and industrial uses (recycling). Metropolitan Water District (MET) — (Water Wholesaler) The Metropolitan Water District (MET) serves the water needs of Southern California by securing and transporting water. This includes overseeing the importation of water from the Colorado River Basin since 1941 and the State Water Project since 1971. MET is a wholesaler which sells and allocates this water to other water agencies, municipalities,3 and counties from Ventura to San Diego. Orange County receives its purchased allocation through the Municipal Water District of Orange County. Recognizing the long- term effects of drought and reduced flows from the Colorado river and California Aqueduct, the MET has initiated major water conservation and recycling programs to make water management a priority. They have attempted to create storage capability and negotiate contracts with the agricultural entities within the Colorado basin to limit their water usage and acquire their allocations. The long-term threat of climate change and historic droughts have challenged MET and they have failed to identify new supplies of water beyond their historic charter. The State Water Project is delivering only 10% of the historical allocation and the Colorado River supply allocation was reduced 25% in 2022. ORANGE COUNTY GRAND JURY 2022 12023 Page 9 of/P HISTORIC RAIN, YET DROUGHT REMAINS Metropolitan Water District is in the water movement business and is not historically tasked with securing new sources of water. As the leading water agency in Southern California, MET has not taken on this responsibility. Their supply of water is dependent on precipitation. When the water allocation was reduced from the State Water Project, MET had to switch many of its customers to the Colorado River. However, numerous articles have documented that the lakes on the Colorado River (Mead and Powell) are at the lowest levels since they were built, and their future viability is at question due to a decade's long drought in the west. - x, -pox 7,. - - . - - '‘‘*,-.; 4,„ s `1,Sh,,,+. ^ 4 yi-a.{s . r y ' t 'arc r ' N 4 < ,14- v ' c i • a? , ., . - , s .. , Lu \ ` ' r 2Vy i . er . �_ ,, t .. �r ' M � r'1 � . - x' - . ,:.14} $ �. , -ti Y• " . -rY e 4JF , V .N..- - two -'{ • h " �MVi.• .-. .-.F i. 40 \\,, • ;c� L. S "•' � , EF f 1 "e . 'F� , a� zF ct t +a ^M"7' G' " 'C ,] r ?'4,`1; ' r ,s r s : g p '. rt b i b, f b y-: c " a->rr? y+t' j!` �.. b' 24~ a "':. �.. ;! s r , Sa12a - � - •., . � Y�?..+ 1 'fi- � • =�x� � 3 r`�'rJ ..; s- • l 1 • , t .e. ,.j .A * 'MLr }4 t a ., a � � • rs rE „s > x 'Fk : x ' ". ;'" � � ' # "' L�w „. .- ; �• , o- ,c r �„r.t « : ' $ '- 17, apT ."S h*-. i "^,✓ `-- '` . y r. J el...4r,.,. . .0.z ..„.... ,_,.,_..„..„ .._._....„:...... ..-... r!;',-...,--;,---- ...-- .--ic,..i.' ..r. -:-;"-..“:i,...,: ' ---- --,,...,,,. ---. 1-1:171': 'en' " '''' '. j''›Fiae4. ‘,: ::''''147'''' '-.7' ' ",'1^''r''''', ':, '_,..:44,. ' e X''' '. ' ''''''. ..747.6x,-..it ›°` *.,.„,e104"..'"4-':7- V r- i�17 i;'; �"> ^:1;-'7\y ` '"'�"4„ ,".:I ram. y' .,,` -- -c' ---46 ,5,s '.� .,a+ '.row , 4'Y1.'::,.. ..- +^". ..,uc ... ', ':, / +1m'..� X./'. A'" ''t .+..- '„. ..'.,+,' III' '.`_u' 'f;' ita.*n,,.. .,' 7>'" ''' The State Water Project4 includes 700 miles of delivery canals (California Aqueduct) that serves 27 million people and irrigates 750,000 acres of farmland, which supplies fifty percent of the United States' produce. The project originated in 1960 and although it is well maintained, it has not been upgraded in years. The water for the State Water Project comes primarily from the Sacramento-San Joaquin Delta. When forming its water strategies, Orange County needs to recognize that the State Water Project's reliability is in doubt due to its 53-year history of not being adequately maintained. The Colorado River has been in the news due to the drought reducing its flow over the past twenty years. The agreements regarding the allocation of Colorado River water are set to expire in 2026 and are currently being renegotiated. Water levels at Lake Mead and Lake Powell have dropped significantly, and experts say it would take at least 10 years of above average precipitation to restore them. Orange County should simply not rely upon the Colorado River as a dependable supply, now or in the future. Following numerous interviews and a thorough review of project documentation, the Grand Jury reached several conclusions regarding MET programs to replace dwindling ORANGE COUNTY GRAND JURY 2022 12023 Page 10 of4A8 HISTORIC RAIN, YET DROUGHT REMAINS water supplies. Most notable is that the Carson wastewater reclamation project is years away from being completed and 20 years behind similar projects in Orange County. Overall, MET cannot be expected to significantly replace the reductions in water allocations from the Colorado River and the State Water Project within the next decade. "MET water will not be reliable for at least a decade and Orange County needs to consider developing other resources to make up for this lack of reliability." Municipal Water District of Orange County (Water Wholesaler) The Municipal Water District of Orange County (MWDOC) is primarily a wholesale water provider and, to a lesser extent, a water resource development and planning agency for nearly 3.2 million Orange County residents, and businesses. MWDOC buys imported water from the California State Water Project in Northern California and the Colorado River through the Metropolitan Water District of Southern California. MWDOC has four representative seats on the Metropolitan Water District (MET) Board. Through its member agencies, MWDOC covers all of Orange County except the Cities of Anaheim, Fullerton, and Santa Ana. Orange County must import water due to limited local water supplies. Central and North County import approximately 30% of their water to supplement its existing supply. However, South County is highly reliant on the Municipal Water District, as South County water districts must import 90% of their water supply from outside of Orange County. The Municipal Water District of Orange County is extremely important as a wholesaler or broker to the retail water districts in Orange County and as a representative of Orange County's interest on the Metropolitan Water District Board. MWDOC has completed a comprehensive study of Orange County's water reliability needs that could serve to achieve a climate resilient water supply. The study covers MET system reliability and Orange County projects including desalination projects, water shed projects, and water banking projects. The study also identifies the crisis Orange County is facing — by 2030, eight out of every ten years can be expected to be in drought. However, the study is devoid of information about financing and implementation, and its conclusions rely too much on MET efforts that are decades behind where they should be. Based upon this study and MWDOC's countywide area of responsibility, MWDOC could conceivably lead Orange County's efforts to plan, finance, and implement water source and supply projects. MWDOC serves no other purpose than to distribute water and has not attempted to expand its supply of water beyond its engagement with the MET. Previous Orange ORANGE COUNTY GRAND JURY 2022 12023 Page 11 of4§7 HISTORIC RAIN, YET DROUGHT REMAINS County Grand Juries have recommended that the MWOC and OCWD merge for a more efficient and streamlined approach towards water management. Orange County Water District (Water Wholesaler) The Orange County Water District (OCWD) provides water to 2.5 million residents in North and Central Orange County. The District effectively manages the Orange County groundwater basin that provides approximately 77% of water used in the region. It supplies the 19 cities and retail water agencies in Central and North Orange County with potable water. As the sole adjudicator of Orange County's ground water basin, the agency plays a vital role in assuring the aquifer is effectively managed. The Orange County Water District has been a true innovator in water management and operates the world's largest water purification replenishment system for indirect potable water use. Over 130 million gallons per day are recycled into the Orange County aquifer, thus replenishing this vital resource. It has exhausted the wastewater supply available for recycling through its comprehensive efforts. The management of Orange County's underground reservoir has been exceptional. OCWD has also implemented a regional groundwater banking program to assure long- term reliability and increasing stormwater capture behind Prado Dam where water eventually gets released and recharged into the Orange County aquifer, thus becoming part of the local water supply. Despite its absolute success at recycling, the Orange County Water District must still import 23% of its water brokered by the Municipal Water District of Orange County through the Metropolitan Water District. The local Orange County ground water basin is simply not large enough to meet demand. Water Retailers The Irvine Ranch Water District serves a large Orange County populace of 600,000, primarily in the Cities of Irvine, Lake Forest, parts of the Cities of Orange, Costa Mesa, Tustin, and Newport Beach. IRWD provides water as well as reliable sewage collection and treatment. The combination of being a water retailer combined with managing sewage treatment has allowed IRWD to implement groundbreaking recycling water programs for non-potable use and innovative urban runoff programs. The district relies partially on the Orange County basin for its water supply, but also is dependent on 20% of imported water from the Municipal Water District of Orange County. As an innovator, the IRWD secured rights to the Kern water basin for water storage. This storage reduces its reliance on Metropolitan Water District and provides access to a potential supply of water in an emergency. Through conservation and water efficiency programs, IRWD has reduced overall water consumption year over year allowing development to continue to move forward unabated within the jurisdiction it serves. However, growth in community development exposes IRWD to shortages as its allocation of imported water is determined by Municipal Water District of Orange County. ORANGE COUNTY GRAND JURY 2022 12023 Page 12 off HISTORIC RAIN, YET DROUGHT REMAINS The Moulton Niguel Water District serves 170,000 residents in South Orange County, and is highly dependent on imported water from the Municipal Water District of Orange County (in excess of 90% of its potable water). Therefore, the District has made a major effort to drive efficiency and conservation efforts, which have been successful in reducing water utilization and continue to allow local development. Negotiations are underway with local sanitation districts to attempt to initiate recycling programs for the betterment of the community. The collaboration with South Orange County Wastewater Authority (SOCWA) has been less than cooperative thereby impeding recycling efforts. Should the Municipal Water District of Orange County fail to deliver the required water, Moulton Niguel Water District is highly vulnerable to supply disruption. The Rancho Santa Margarita Water District (RSMWD) imports 100% of its potable water from the Municipal Water District of Orange County and services over 200,000 residents in south Orange County, primarily the eastern portion of Orange County from Mission Viejo to San Clemente. As a result, the District has committed to developing local reliable drinking water supplies. RSMWD constantly monitors opportunities to enhance its water portfolio. The current major effort is the San Juan Watershed project that will capture local stormwater runoff as well as directing recycled water to recharge the local underground aquifer. Conservation water efficiency efforts have also played a major role to minimize water usage. Within RSMWD's service area, there are major communities being planned. The planned communities under development, Los Flores and the Ranch, will add 15,000 homes or approximately 60,000 additional residents to the District's customer base. With this development the water demand will increase and therefore will increase the need to import water. Should Municipal Water District of Orange County fail to deliver required water, RSMWD is highly vulnerable to supply disruption. The South Coast Water District (SCWD), like other south Orange County water districts, is highly dependent on imported water from the MWDOC. SCWD serves 35,000 residents and 2 million visitors a year. SCWD relies on 90% of its potable water being supplied by the MWDOC. SCWD is to be applauded in its attempt to expand its efforts to decrease its dependence on imported water. Recently, SCWD was granted approval to proceed with an ocean desalination plant of 5 million gallons of water a day. The plant is to be built within the next five years. SCWD is working to maximize recycling efforts to minimize reliance on imported water. Major conservation and water efficiency programs have been implemented locally. Until the desalination plant comes online, and should MWDOC fail to deliver required water, SCWD is highly vulnerable to supply disruption. Until the desalination plant comes online, and should MWDOC fail to deliver required water, SCWD is highly vulnerable to supply disruption. GE COUNTY GRAND JURY 2022 12023 Page 13 ofS1 HISTORIC RAIN, YET DROUGHT REMAINS Other Orange County Water Suppliers. Water wholesalers in Orange County work with local water retailers to provide water to their residents. The Orange County local retailers include 29 cities and local water districts. Most of the cities and water agencies have implemented programs to minimize water utilization to become more efficient. They are to be applauded for their efforts. South Orange County retailers Moulton Niguel Water District, Rancho Santa Margarita Water District, and South Coast Water District are highly dependent on the importation of water, in excess of 90% of total local demand. Irvine Ranch Water District is included because of the unique characteristics that were identified during the course of this investigation. Specifically, the Grand Jury noted its creativity in securing potential sources of water coupled with the continued development of the Irvine Ranch and water required to serve new residents. South Orange County retailers are highly dependent on the importation of water for more than 90% of local demand. The Grand Jury's investigatory efforts have included a focus on this dependency. State of California Managed Supplies The State of California is responsible for operating the State Water Project, planning and implementation of statewide projects for water supply, State bond financing for projects, and management of federal and State funding programs. These have been insufficient to address the threats to Orange County water supply. Water management in California is very complex. There are numerous constituents placing a huge demand on water resources: agriculture, urban centers, industry, business, developers, tourism, and residents. This pressure coupled with an antiquated water structure with hundreds of water wholesalers and retailers makes a challenging dynamic. Environmental pressure exacerbates the challenge. The State's lack of long-term solutions to California's water needs is not new. No new reservoirs have been built since the 1970's when the population was 20 million people. 50 years later, California's population has almost doubled to 39 million. For years, the State has studied proposals to secure additional supplies of water by moving water from the Sacramento delta to Southern California through the California Water Project, with no discernable results. The project is needed to protect the existing water supply and secure additional water but has been bogged down by debate about approach and environmental review. ORANGE COUNTY GRAND JURY 2022 12023 Page 14 off HISTORIC RAIN, YET DROUGHT REMAINS No new reservoirs have been built since 1970 when the population was approximately 20 million, yet California 's population has almost doubled to 39 million. In 2014, a bond initiative was passed to provide $7.3 billion in funding for 10 new reservoirs and other water related projects, yet the reservoirs have not been completed. The recent rains that swept California this winter resulted in billions of gallons of water flowing out to sea.5 The California Natural Resources Agency maintains a web page that shows the progress of the bond issue.6 The web page shows most of the funds have been committed but lacks information regarding what has been accomplished. In terms of planning, in August 2022, the California Environmental Protection Agency issued a major report entitled "California Water Supply Strategy—Adapting to a Hotter, Drier Future, California Agencies."7 But the strategy does not detail schedules or actions or assign resources or funding. In the report, the Newsom administration points out that in order to deliver the pace and scale of projects necessary to meet California's water crisis, the State's regulatory structures must be modernized so that "State agencies can assess, permit, fund and implement projects at the pace this climate emergency warrants." The report does not describe how Newsom's directive is to be understood or executed. Other relevant State reports touching upon State water resources include those on climate change, water supply assessment, and an analysis of recent droughts. While all these reports help identify problems, they provide few and limited actionable recommendations. The California State Water Control Board is the State's key water agency, yet its focus on water supply is not clear. Other State agencies that have water oversight include: the Department of California Water Resources, the California Water Commission, and the National Resources Agency, and State Conservancies, such as the Sacramento-San Joaquin Delta Conservancy that are involved in water grants and planning. The State environmental and river basin authorities also complicate planning and actions. There seems to be no coordinated focus on water supply. The Sacramento-San Joaquin levees are very important to the State Water Project. They protect the integrity of the system. For decades, the levees have been identified as needing bolstering, yet this has not been done. If the levees fail or are breached there will be an influx of brackish water from the San Joaquin Delta that will contaminate the fresh water in the Project, making it unusable. The recent rains have focused the need for action, yet nothing is likely to be done anytime soon. As an example, the need to capture and store rainwater in aquifers has been recognized for decades, yet the recent rainfalls show little has been done. Recently, the State initiated the Delta Conveyance Project (DCP). This is a joint powers authority formed to help ensure water supply reliability for the State Water Project and to adapt to forecasts of future changes in precipitation and seasonal flow patterns due ORANGE COUNTY GRAND JURY 2022 12023 Page 15 ofr HISTORIC RAIN, YET DROUGHT REMAINS to climate change. An important part of the DCP is a proposed tunnel under the Delta. The concept for the project originated in the 1970s and subsequent versions included the Trans-Delta System, Peripheral Canal, Bay Delta Conservation Plan, and the California Water Fix (a dual tunnel). The Delta Conveyance Project faces strong opposition from environmentalists. The prospect of the project being completed in a timely manner, if at all, is doubtful. Governor Newsom himself noted the difficulty of getting water projects going in his statement at an August 2022 news conference: "The time to get these damn projects is ridiculous," Newsom said. "It's absurd. It's reasonably comedic. In so many ways, the world we invented from an environmental perspective is now getting in the way of moving these projects forward."8 Projects take decades to accomplish, if they are completed at all. The State cannot be relied upon for consistent water delivery in wet or dry years. Water management in California can best be summed up as always studied but never resolved. The impacts of this paralysis mean that Orange County cannot currently rely on the State to identify or secure a new source or supplies of water. Federal Intervention California may have to reduce its reliance on Colorado river water under a proposal by the U.S. Department of the Interior, unveiled on April 11, 2023, that upends the longstanding system of water rights. The Department proposed two methods for reducing water usage by as much as 25% in 2024. The seven states utilizing the Colorado river have been negotiating with each other since August 2022 to make voluntary cuts. To date no agreement has been reached. The U.S. Bureau of Reclamation, part of the U.S. Department of the Interior, warned that it would impose large cuts if the states relying on the river did not come up with a plan by January 31, 2023. The states failed to do so. Although California has experienced an unusually wet winter, this has not changed the Colorado River's longstanding challenges amid a much drier climate. The rationing of water from the Colorado River basin appears inevitable at the time of this report, disrupting the long-tenured stability of Southern California's imported water supply. It reinforces the idea that the time to act for securing a new source of water for Orange County is now. Water Justice As the demand for water increases, not only to sustain the status quo but also for development, equal access to water must also be addressed. What regions will be entitled to preserve their way of life and what regions will have to compromise? The cost of obtaining and distributing water is equally important to water justice. The projects required to ensure a reliable water supply are costly and, if delegated to the ratepayers, may have a significant impact on lower income households. Traditionally, ORANGE COUNTY GRAND JURY 2022 12023 Page 16 of16 HISTORIC RAIN, YET DROUGHT REMAINS major water projects have been financed through state and federal governments or through special tax assessments. This is an easier burden on lower income groups than strictly through rate structures. Orange County should develop a funding strategy for water projects that is acceptable to rate-payers and does not overly burden lower income groups. Orange County should develop a funding strategy for water projects that is acceptable to rate payers and does not overly burden lower income groups. Actions to Secure and Strengthen Supply Numerous initiatives and projects have been planned to improve and strengthen the existing supply systems: 1) water banking, 2) purchasing water rights, 3) recycling water, 4) reuse of water for potable purposes, 5) aquifer management, 6) utilization of other supplies, and 7) water efficiency. However, these projects are years behind schedule and taking an extraordinarily long time to complete. These initiatives are important to point out as efforts, but it must be noted that by themselves, they are not solutions to Orange County's water reliability. The Grand Jury's evaluation of these efforts is included in Appendix A "Local Agency Action to Secure Water Supply." The efforts to diversify the water portfolio and make the existing supply more resilient are commendable, but a new source is also needed. Effective Management of Initiatives Orange County needs an entity to champion and lead the efforts to develop a water source that will enhance the reliability of existing water supplies. Orange County water suppliers have completed and are engaged in several projects to improve the resilience of our water supply, but efforts for the whole County have been limited. A countywide effort to develop a drought-resistant source of water is necessary due to climate change. Effective countywide management of water resources would alleviate the jurisdictional issues that have hampered the development of recycled water in South County including shared use of the aquifer for all of Orange County. A Climate Resiliency District could serve this purpose. ORANGE COUNTY GRAND JURY 2022 12023 Page 17 off HISTORIC RAIN,YET DROUGHT REMAINS A Climate Resiliency District is authorized by the Climate Resilience District Act, codified in California Government Code Sections 62300-62312. Section 62301 describes the legislative intent of the Act: It is the intent of the Legislature in enacting this division to provide the ability for local governments to create districts for the purpose of addressing climate change effects and impacts through activities and actions that include mitigation and adaptation, as necessary and appropriate, to achieve all of the following: (a) Providing a sustained and certain level and source of funding at the local level. (b) Allowing activities and actions on an appropriate geographic basis. (c) Facilitating the receipt and use of federal, state, local, and private funds. The purpose of the Climate Resiliency District would be to promote a project that addresses drought, including multiuse land repurposing, groundwater replenishment, groundwater storage, or conjunctive use.9 It is envisioned that a Climate Resiliency District would be capable of planning and financing water source projects such as desalination that are beyond the means of existing Orange County water agencies. There were concerns about a Climate Resiliency District expressed by some water district leaders interviewed by the Grand Jury. They stated that a Climate Resiliency District might be another level of bureaucracy that could impede the pursuit and development of their own projects. However, these concerns would carry more weight if planned projects were actually being implemented. Alternative structural entities could be a joint powers authority (JPA) created for this purpose, either spearheaded by Orange County Water District (OCWD) or Municipal Water District of Orange County (MWDOC), or a collaborative effort between both. The Joint Exercise of Powers Act, codified in California Government Code Section 6500 et seq., authorizes two or more public agencies, by agreement, to exercise any power common to the agencies to provide more effective or efficient government services or to solve a service delivery problem. A JPA could plan, finance, and implement water source and water supply projects. Similarly, Orange County Transportation Authority (OCTA) was created in 1991 to fund, plan, and implement transit and capital projects. OCTA has been successful in solving some of Orange County's transportation needs. A JPA focused on Orange County's water needs could similarly succeed. Forming a JPA to comprehensively address all of Orange County's water needs would ultimately require the cooperation of 29 entities including special water districts and cities that supply water. The political effort required for this cooperation would be significant and would require a new approach towards such collaboration. Either separately or cooperatively, OCWD or MWDOC could take the lead for the planning, financing, and implementing of water source and supply projects to the benefit ORANGE COUNTY GRAND JURY 2022 12023 Page 18 off HISTORIC RAIN, YET DROUGHT REMAINS for all of Orange County. Unifying the water districts is also a possibility, as previously reported by the 2021-2022 Grand Jury.10 Through its member agencies, MWDOC covers all of Orange County except the Cities of Anaheim, Fullerton, and Santa Ana. MWDOC has completed a comprehensive study of Orange County's water reliability needs that could serve as means to achieve a climate resilient water supply.11 The study covers MET system reliability and Orange County projects including desalination projects, watershed projects, and water banking projects. The study clearly identifies that Orange County is facing a water crisis, and forewarns that by the year 2030, eight out of every ten years can be expected to be dry. Based upon this study and MWDOC's countywide charter, MWDOC could accept responsibility to lead Orange County's efforts to plan, finance, and implement water source and supply projects. However, the study would need to be updated, as it is totally devoid of financing and implementation data, and it relies too much on MET efforts that are decades behind where they should be. Orange County needs a champion to lead the efforts to develop a water source and to enhance the reliability of existing water supplies. OCWD and MWDOC have planned but failed to implement a solution, and a joint powers authority requires a level of political cooperation that may not be possible with 29 separate water agencies. Therefore, the County of Orange should initiate the Climate Resiliency District to plan, finance, and implement water supply projects to meet future conditions and needs. Orange County needs a champion to lead the efforts to develop a water source and to enhance, the reliability of existing-water supplies ORANGE COUNTY GRAND JURY 2022 12023 Page 19 off HISTORIC RAIN,YET DROUGHT REMAINS Public Awareness of the Need for Action .vim P .ay..Ys . a. r. � �Gs y ,.wnt; +ur 8 n y � •- '3s�r� � ter. ..`� � ��2 �'.ie F"r � �Y (. J" � IP '§"�saw ,,yam._ n v,p,, yy, _o�,y-+�'.t A f"^"'�T 1. rev :..,4"' _.. ` §^S'�' i�'� y,•x, �';� ; ��� �' •may, • .. ,,--"'4t4.7.-it.Alt, ,' ? ,, r <�rrti y i fir' u §fi .- ..: �� Ith p }' t.', �'f,4 r.:.„fir fA F+. • ,ft 044 ' .�/+}�5"' "�k six V`'.h .♦M 94 Lr Tb My/ h�i � , 4' 4 ° ' � + "�` " ''. x �� '. ems"' n�' ,a .� .'w.vh .rg y� •��`''. ', �-';'Y ai # " " r"' •�` or Y` ram+'" ;.e.� a 4 k 2m.�, 1-.m *.cie1' .r `R' rsq 1 wE.$$' '' t �.. �.z..-.,. ., r+. a � 4 ' F 4t ''it' 5 7 ika:°H 4-��' '� t V �'4 i .aA.. -,,74 k � x e '.,Z S{..1. ', ,"w. i. 4,, , '4w , ° '4 a t i {..�wi.�:'+a,� . a..aa`-- :i,, • .•w S .'-', ,. �.^" 7w P { .set»*m:'r.: N . L't� !•' „ ...r5 .. � '.a. w ..�"- a ,n min"� ,i# '` C H. . m Y sue y s r fi• t' f. � ^+.may ;" #� `_.:iz-.z s�+A�.,34, 'i sr` tr i Tn - 44'Ai ,„, . .-41r.L.A. Public awareness of the consequences of current and future climate change is important as a catalyst for adapting to the change. In the past several months, there have been numerous newspaper and magazine articles on water concerns in California and the Western United States. There have also been at least two television documentaries. Many local water agencies have included fact sheets and other information on their web pages and in monthly statements warning of the water "crisis". These messages have resulted in increased public awareness but more needs to be done. Public education to promote projects to address the crisis is a must. As a result of increased public awareness, water agencies have noticed a decrease in per-capita water usage. The public is using water more efficiently. However, several Grand Jury interviewees noted that we cannot conserve our way out of the drought. Solving Orange County's future water shortfall through conservation alone would require drastic changes in water usage and would likely meet strong public resistance. Additional efforts are needed to inform the public of potential lifestyle changes if additional water sources and supplies are not developed. ORANGE COUNTY GRAND JURY 2022 1 2023 Page 20 of` HISTORIC RAIN, YET DROUGHT REMAINS ' '... y`' • }"':.f '�t1. �.'iJ.,Jy[!,1'2'.J .St � �i1 ,L• 4'.��A '�'^ , fir. ..1;: Y�f,tH�'y 'k Tie'. "--" e''• f p / ,;:?▪ 5t ' T • ' I' ".a., i 3 '} (V. 't-+'4"w . .. rM 146' tii x ', ,t,. 'i , Jy 3 i •• c ":71,4*. „ .17 I_ ii • a i ,,-,(•.;- . i, aa i,E,,,,r y q t ), �. rw'" 2 ,°'/'sit. 'fs tC E. u r'`rl r4 'It �,g 5 ! erA x `� L^ "f3 wfi-- f44 "71J , l . , % -- v. -1 t ._ ..l 1x4 ' I . Ft- ',:; '1, w:ha 4' • ,Htw3 t^ T. �. p ."l ....-,,.ate. ,'s� (' "°y'att. f i •l`,;at'�`. "ff."; .To"?1,...---•if-',MPs PL..---4-.., ':::,„ .... „o ;-4 ., . '' atith= CO'� t �•� , ' c' ,1 iS t 1 A . f. - ,y,�$ 0 x, i N gj5 fit... .° „„. S.`-' Y}• Late r Sa :; • t P � ice _ _3 _ '• �-� L. Some water agencies in Orange County have conducted public campaigns to make the public aware of the need to increase rates. The rate increases are for projects to increase the water supply and source resiliency of the agency. South Coast Water District's outreach to its customers has been most notable and enabled the District to proceed with community support for the Doheny Desalination Project. The public needs to be galvanized to move forward. The Grand Jury recommends that the County Board of Supervisors lead a countywide campaign to mobilize the public in support of new water sources that will make the supply systems more efficient and resilient. Effect on Local Economy If no new sustainable source of potable water is developed there will be an adverse impact on Orange County. While North Orange County has an underground aquifer with a substantial amount of water, South County is almost entirely dependent upon external supplies. Major strides have been made in recycling water for industrial and landscaping purposes, but there is still a shortage of potable water with the only current source of "new" water being the Doheny Desalination plant, which will take years to complete and probably not begin operations until 2028. Capital costs of building a desalination plant are generally beyond the capability of a single water district. ORANGE COUNTY GRAND JURY 2022 12023 Page 21 ofi7 HISTORIC RAIN, YET DROUGHT REMAINS Water supplies collected through precipitation are the most economical but the most unreliable. There are insufficient storage facilities in Orange County for capturing precipitation and there are no aquifers in South County. The State of California has mandated that municipalities create new housing opportunities, particularly low-income housing. Developers are required to install water saving features such as low-flow toilets and showers, water-saving washing machines and drought-resistant landscaping, all of which increase the cost of building. These features do not offset the effects of the drought, and experts predict an eventual shortage of water would result in a moratorium on development. Businesses and industries such as retailers, manufacturers, and theme parks rely on clean and dependable water. If they cannot depend on the local suppliers their enterprises are at risk. Homeowners, as ratepayers, are likely to see increases in their water bills due to increased costs of purchased water by the wholesalers and retailers. Severe drought, causing major reductions in river flow, has an adverse effect on hydroelectric plants resulting in shortages of power to the grid. Developing an alternative source of water (desalination) reduces the reliance on this supply for consumption, thus making more available for power generation. ( ... experts predict an eventual shortage of water would result in a moratorium on development Drinking Water Obtained from the Sea South Orange County imports 90% of its drinking water, with most of it currently coming from the Colorado River. The allotment of water from the river is at serious risk and will likely be significantly reduced. In recent years, not enough precipitation has fallen to meet Orange County's drinkable water needs, and there is no way to make it rain or snow. Seawater can be made into fresh potable water in a process called desalination, one of the solutions being considered to resolve this looming crisis. However, the Grand Jury determined that desalination is not being implemented fast enough. Although ocean desalination currently requires an initial capital investment and high operating costs and raises environmental challenges, critics acknowledge it would make a significant contribution to Orange County's water portfolio.12 Desalination is being used increasingly around the world to provide people with needed freshwater.13 According to the International Desalination Association, more than 300 million people around the globe receive their water from desalination plants.14 Multiple desalination plants are under consideration in California, with only a few in operation. The Carlsbad Desalination Plant, near San Diego, provides approximately ten percent of the freshwater used in the region, and Santa Barbara is currently ORANGE COUNTY GRAND JURY 2022 12023 Page 22 off HISTORIC RAIN, YET DROUGHT REMAINS upgrading an older plant. Recently, two new seawater plants have received approval to begin construction: one on the Monterey Peninsula, and the Doheny Plant in Dana Point. Orange County must consider the benefits of a high-capacity facility as a means towards self-sufficiency. Current challenges to desalination include planning, construction costs, impact on marine life from saltwater intake, high energy demands, operating complexities, difficulty of cycling plants on and off, and disposal of concentrated salt brine. Desalination challenges are mitigated by creating economies of scale with high volume production and careful planning, selecting suitable locations, and technological improvements. For example, the Carlsbad plant produces 50 million gallons per day or more than 56,000 acre feet (AF) per year. The plant started operation in 2015 and reports that it produces water for '/2 cent per gallon, or$1600 per AF, in large part due to its high volume.15 For comparison, the MWDOC published rate as of January 1, 2023, is $1,209 per acre foot.16 If Orange County were to establish a similar facility, it would offset the need for imported water and allow imported water to be redirected to other Southern California communities relying on importation, such as Inland Empire. The length of time to plan, obtain permits, and construct a desalination plant can take decades. A proposed plant at Huntington Beach was in planning and permitting for over twenty years and ultimately was not approved. South Coast Water District began the initial steps for the Doheny Plant at Dana Point in 2016 and it is expected to be in operation by 2028. Unless the State of California initiates methods for expediting the planning and approval processes, it can take at least as long as these two projects for any new ocean desalination plants. The State has shown it can accelerate the approval process as evidenced by the approval of SoFi Stadium17 in record time by enacting legislation that expedited the permit and environmental requirements without compromise. It is well known that desalination has an impact on the environment, and we are fortunate to live in a state where protecting the environment is important. Engineers and water experts are researching how to integrate more renewable energy into the next generation of plants. The environmental impacts and costs of desalination should be compared against the full environmental impacts and costs of importing water from 700 miles away, not just wholesale rate costs as is usually done. Orange County cannot continue to rely on imported water, nor can it ignore the fact that there is an immediate need to take advantage of the ocean as a drought-resistant source of water. According to the Grand Jury's research and interviews, the environmental concerns, surrounding intake and outflow of saltwater, and high electricity demand are being met as evidenced by the Doheny approval, therefore allowing desalination plants to operate. Orange County should embrace desalination as a major part of an overall local plan, not just a last resort. ORANGE COUNTY GRAND JURY 2022 12023 Page 23 off HISTORIC RAIN, YET DROUGHT REMAINS COMMENDATIONS South Coast Water District is to be commended for its strategic foresight. The District has recently gained approval for the Doheny Ocean Desalination Project for which they initiated feasibility studies in 2008. The plant is now anticipated to be operational in 2028. The Doheny Ocean Desalination Project is a new, reliable, local, and drought- proof water supply. The Doheny Ocean Desalination Project is the first desalination project in the State of California to be fully compliant with the California Ocean Plan.18 Orange County Water District successfully manages the aquifer under Central and North Orange County for the benefit of multiple water suppliers. It has also built the Groundwater Recovery System (GWRS) to treat wastewater to potable levels for supplementing the aquifer. Recently, it expanded and commissioned the GWRS. The Orange County Grand Jury commends OCWD for its work. The water suppliers for Orange County have undertaking numerous initiatives to increase the resiliency of their water supplies. The Orange County Grand Jury commends these suppliers for their efforts and encourages them to continue pursuing expanded opportunities. The Orange County public has significantly reduced the per-capita water usage through conservation efforts. This is important to maximizing the water supply. The Orange County Grand Jury commends the public for these efforts. The Orange County Grand Jury commends the leadership of MWDOC and OCWD for their continued negotiations regarding merger. The Orange County Grand Jury commends the Southern California news media for their continued efforts in reporting on the critical nature of our water supply. FINDINGS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or, as noted, requests) responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled "Historic Rain, Yet Drought Remains," the 2022-2023 Orange County Grand Jury has arrived at the 12 principal findings, as follows: F1 Future water supplies are impacted by climate change and current supplies will not meet future demands. F2 Climatologists predict future extended periods of low moisture with occasional wet years. F3 Climate change is inevitable and is exacerbated by human behavior. ORANGE COUNTY GRAND JURY 2022 12023 Page 24 off HISTORIC RAIN, YET DROUGHT REMAINS F4 South Orange County relies primarily on the importation of water. F5 Local water suppliers recognize that enhanced stormwater capture and storage, wastewater recycling, and infrastructure improvements will not be sufficient to address the long-term forecast of drought and its effects on supply. F6 There is significant water infrastructure planning, but inadequate implementation. F7 The review and approval process for major water capital projects is cumbersome and overly restrictive. F8 Failing to find solutions to water shortages will have a significant impact on the Orange County economy. F9 Continued development in Orange County creates additional water supply needs. F10 Conservation and efficient use of water is essential. F11 Increased outreach and public education are necessary. F12 Desalination has proven to be technologically and environmentally feasible and is slowly being embraced as a drought-resistant source of water. RECOMMENDATIONS In accordance with California Penal Code Sections 933 and 933.05, the 2022-2023 Grand Jury requires (or as noted, requests) responses from each agency affected by recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled "Historic Rain, Yet Drought Remains," makes the following four recommendations: R1 The County of Orange Board of Supervisors should take a leadership role by the end of calendar year 2023 to explore the establishment of a "Climate Resiliency District" or Joint Powers Authority to fund and expedite implementation of a drought-resistant source of water. F1, F2, F3, F4, F5, F6, F7, F8, F9, F12 R2 Orange County water agencies should expedite the planning, development, and construction of desalination plants over the next five years to insure a sustainable and reliable drought-resistant source of water. F1, F2, F3, F4, F5, F6, F7, F8, F9, F11, F12 R3 The County of Orange and all Orange County cities should formulate an emergency development moratorium plan in anticipation of the Colorado River water supply being constrained. The emergency moratorium plan should be developed by the end of calendar year 2023. F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 ORANGE COUNTY GRAND JURY 2022 12023 Page 25 of5S HISTORIC RAIN, YET DROUGHT REMAINS R4 Orange County water agencies should update their public communication strategies, by calendar year end 2023, to inform the public of lifestyle changes if additional water sources are not developed. F10, F11, F12 REQUIRED RESPONSES Findings - 90 Day Response Required County of Orange Board of F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Supervisors Municipal Water District of F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Orange County Orange County Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Irvine Ranch Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Moulton Niguel Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Santa Margarita Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 South Coast Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Recommendations - 90 Day Response Required County of Orange Board of R1, R3 Supervisors Municipal Water District of R2, R4 Orange County Orange County Water District R2, R4 Irvine Ranch Water District R2, R4 Moulton Niguel Water District R2, R4 Santa Margarita Water District R2, R4 ORANGE COUNTY GRAND JURY 2022 12023 Page 26 off HISTORIC RAIN, YET DROUGHT REMAINS Recommendations - 90 Day Response Required South Coast Water District R2, R4 REQUESTED RESPONSES Findings - 90 Day Response Requested East Orange County Water F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 District El Toro Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Anaheim F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Santa Ana F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Fullerton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Emerald Bay Service District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Golden State Water Company F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Laguna Beach County Water F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 District Mesa Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Serrano Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Trabuco Canyon Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Yorba Linda Water District F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of San Juan Capistrano F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of San Clemente F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Tustin F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Fountain Valley F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 ORANGE COUNTY GRAND JURY 2022 12023 Page 27 off HISTORIC RAIN, YET DROUGHT REMAINS Findings - 90 Day Response Requested City of Westminster F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of La Habra F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Brea F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Buena Park F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of La Palma F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Seal Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Huntington Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Garden Grove F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 City of Newport Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Santa Ana Water Shed Project F1, F2, F3, F5, F6, F7, F8, F9, F10, F11, F12 Authority Metropolitan Water District of F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12 Southern California Recommendations - 90 Day Response Requested East Orange County Water R2, R3, R4 District El Toro Water District R2, R3, R4 City of Anaheim R2, R3, R4 City of Santa Ana R2, R3, R4 City of Fullerton R2, R3, R4 ORANGE COUNTY GRAND JURY 2022 12023 Page 28 off HISTORIC RAIN,YET DROUGHT REMAINS Recommendations - 90 Day Response Requested Emerald Bay Service District R2, R3, R4 Golden State Water Company R2, R4 Laguna Beach County Water R2, R3, R4 District Mesa Water District R2, R3, R4 Serrano Water District R2, R3, R4 Trabuco Canyon Water District R2, R3, R4 Yorba Linda Water District R2, R3, R4 City of San Juan Capistrano R2, R3, R4 City of San Clemente R2, R3, R4 City of Tustin R2, R3, R4 City of Fountain Valley R2, R3, R4 City of Westminster R2, R3, R4 City of La Habra R2, R3, R4 City of Brea R2, R3, R4 City of Buena Park R2, R3, R4 City of La Palma R2, R3, R4 City of Seal Beach R2, R3, R4 City of Huntington Beach R2, R3, R4 City of Garden Grove R2, R3, R4 City of Newport Beach R2, R3, R4 Santa Ana Water Shed Project R2, R3 Authority ORANGE COUNTY GRAND JURY 2022 12023 Page 29 off HISTORIC RAIN, YET DROUGHT REMAINS Recommendations — 90 Day Response Requested Metropolitan Water District of R2, R3, R4 Southern California ORANGE COUNTY GRAND JURY 2022 12023 Page 30 off HISTORIC RAIN, YET DROUGHT REMAINS GLOSSARY Acre-feet The unit of volume typically used to describe the quantity of water stored in large reservoirs and aquifers and delivered through large conveyance systems for irrigation use and for treating for public use. An acre-foot is one surface acre that is one foot deep and is equal to 325,851 gallons. Aquifer An underground layer or body of permeable rock, sediment, or soil that can store and yields water. Orange County has a large aquifer underlying North and Central County. California State Water Project (CSWP) A multi-purpose water storage and delivery system that extends more than 705 miles and includes a collection of canals, pipelines, and reservoirs to deliver water to 27 million Californians, 750,000 acres of farmland, and businesses throughout the state. Conjunctive Use Using surface water in wet years and storing as groundwater for use in dry years. Surface water is injected directly into aquifers and wells to be used as needed as part of groundwater banking or is stocked in ponds or basins and then allowed to percolate naturally into aquifers. Desalination The process of removing salt from brackish water or seawater. For the purposes of this report, desalination is used primarily in terms of sea or ocean water. Direct Potable Water Reuse The process by which recycled wastewater is treated to a high degree suitable for potable use and placed directly into potable distribution systems. California has recently created regulations for direct potable water reuse. Drought A prolonged period of low or no rainfall that causes water scarcity and affects ecosystems, agriculture, and human health. ORANGE COUNTY GRAND JURY 2022 12023 Page 31 ofag7 HISTORIC RAIN, YET DROUGHT REMAINS Gray Water Wastewater from bathtubs, shower drains, sinks, washing machines and dishwashers; however, some plumbing codes exclude water from sink and dishwasher as being classified as gray water. Ground Water Recovery System (GWRS) Operated by Orange County Water District, the system takes highly treated wastewater that would have previously been discharged into the Pacific Ocean and purifies it to potable standards. Potable Water Reuse Indirect Treatment of water such as recycled wastewater, to a high degree suitable for potable purposes and uses an environmental buffer, such as a lake, river, or a groundwater aquifer, before the water is treated again and utilized as potable water. This process is used by Orange County Water District at GWRS to treat water and replenish the aquifer under North and Central Orange County. Recycled Water Water reuse (also commonly known as water recycling or water reclamation) reclaims water from a variety of sources then treats and reuses it for beneficial purposes such as agriculture and irrigation, potable water supplies, groundwater replenishment, industrial processes, and environmental restoration. For the purposes of this report, recycled water comes primarily from highly treated wastewater. Reverse Osmosis A process of producing pure water by forcing it through a semipermeable membrane that only allows water to pass. It is the primary method for large scale desalination and is also used as one of the final treatment steps for producing potable water from wastewater. Sustainability The long-term viability of a community or practice. Urban Runoff As commonly referred to in Orange County, surface runoff during dry weather of landscape irrigation, and car washing created by urbanization. It can also refer to the stormwater runoff over impervious surfaces (roads, parking lots and sidewalks). The concern with urban runoff is possible contamination of surface and groundwater. ORANGE COUNTY GRAND JURY 2022 12023 Page 32 ofP HISTORIC RAIN, YET DROUGHT REMAINS Water Banking The practice of forgoing water deliveries during certain periods, and "banking" either the right to use the water in the future or saving it for someone else to use in exchange for a fee or delivery in kind. Typically, in Southern California, it is stored in aquifers. Water Source As used in this report, a water source is defined as the ocean or precipitation. Water Suppliers As used in this report, water suppliers include water districts and cities that provide water to the public. Water Supply As used in this report, water supply includes water derived from a water source and that is stored, conveyed, and utilized by the public. ORANGE COUNTY GRAND JURY 2022 12023 Page 33 ofV -. t 4: ,4 w s�;ten.,It»: �» 4: HISTORIC RAIN, YET DROUGHT REMAINS REFERENCES • 10 You Tube Videos posted by Orange County Water District, posted between 2015 and recent • 14 YouTube Videos Posted by Municipal Water District of Orange County over last 5 years • 2 YouTube Videos posted by Santa Margarita Water District 2020 • 3 YouTube Videos regarding OC's Largest Recycled Water Reservoir posted by Santa Margarita Water District 2020 • 5 YouTube videos posted by ABC regarding OC Water issues, between 2018 and recent • A Review of Water Demands for the Orange County Water District by James Fryer, Environmental Scientist July 2016 • A Study of Deep Aquifers Underlying Orange County, United State Geological Survey 1969 • ACWA Communications Committee Water Reuse Terminology 2016 • Assessing Risk to the National Critical Functions as a Result of Climate Change, Homeland Security, 2022 o California Department of Conservation o California Department of Fish and Wildlife o California Department of Water Resources • California Department of Water Resources I Natural Resources Agency Drought In California Report 2021 • California Department of Water Resources 2022 Annual Water Supply And Demand Assessment Summary Report • California National Resources Agency Report to the Legislature on the 2012- 2016 Drought • California Natural Resources Agency Department of Water Resources 2022 Urban Community Drought Relief Grant Program Guidelines and Proposal Solicitation Package • California Natural Resources Agency Department of Water Resources 2022 Integrated Regional Water Management Grant Program Guidelines • California Senate Bill No. 852 Climate Resilience District 2021 ORANGE COUNTY GRAND JURY 2022 12023 Page 34 of53P HISTORIC RAIN, YET DROUGHT REMAINS • California State Water Boards—Water Rights Frequently Asked Questions Web Page o California State Water Resources Control Board • California Water Boards - Ocean Plan Requirements for Seawater Desalination Facilities o California Water Commission • California' Water Supply Strategy—Adapting to a Hotter, Drier Future, 4 California Agencies, August 2022 • Clean Water Act Section 3 I 2(f) Application by the California State Water Resources Control Board • Climate Change 2022 Mitigation of Climate Change Intergovernmental Panel On Climate Change o Colorado River Board of California o County of Orange • Delta Flood Risk Management Delta Protection Commission State of California Assessment District Feasibility Study And Delta Levee Financing Option 2018 • EPA The Water Infrastructure Finance and Innovation Act (WIFIA) Doheny Ocean Desalination Project Funding Information • How water works in Orange County, web page by Orange County Water District https://www.cpc.ncep.noaa.gov/ https://www.drought.gov/forecasts https://www.weather.gov/riw/drought • Indicators Of Climate Change In California Fourth Edition November 2022 California Environmental Protection Agency o Irvine Ranch Water District • Local water providers, web page by Orange County Water District • Major Water Conveyance Facilities, Map by Metropolitan Water District of Southern California • Map of Orange County Water Agencies from Municipal Water District of Orange County o Mesa Water District o Metropolitan Water District of Southern California • Metropolitan Water District Presentation Emergency Conservation Program for the SWP Dependent Areas 2022 • Metropolitan Water District Water Glossary Web Page o Moulton Niguel Water District ORANGE COUNTY GRAND JURY 2022 12023 Page 35 of J7 HISTORIC RAIN,YET DROUGHT REMAINS o Municipal Water District of Orange County • MWDOC 2020 Water Shortage Contingency Plan • MWDOC Announcement Newsom administration releases draft EIR to modernize Delta Conveyance • MWDOC Directors Support Legislation to Streamline Approval of Storage Projects Statement • National Oceanic and Atmospheric Administration Related Links on Climate, Drought https://www.cpc.ncep.noaa.gov/ • Numerous Related YouTube Postings • OC Water Reliability Study MWDOC 2018 • OCWD Webinar— Preparing for Maximum Stormwater Capture while Safeguarding the Region from Flooding 2022 o Orange County Water District • Orange County Water District 2018 Information Brochure • Orange County Water District Act 2018 • Orange County Water District Coastal Aquifers Merger Zones 2002 • Orange County Water District Depth to Shallow most groundwater map, 1997 • Orange County Water District Groundwater Contours Map 2020 • Orange County Water District Surface Water Recharge Facilities Map 2018 • Orange County Water District Three-Layer Basin Model Extent Map 2015 • Orange County Water District Well Locations 2018 o Others, not noted • Pacific Institute The Untapped Potential of California's Urban Water Supply: Water Efficiency, Water Reuse, and Stormwater Capture 2022 • Pacific Institute Water Resilience Brief 2021 • Public Policy Institute of California Managing California's Water From Conflict to Reconciliation 2021 • Public Policy Institute of California Paper on Storing Water 2018 o Sacramento-San Joaquin Delta Conservancy o Santa Ana Water Shed Project Authority o Santa Margarita Water District o South Coast Water District • South Coast Water District Doheny Ocean Desalination Project Water Cost Analysis Executive Summary 2021 • Stanford University Report Growth in California and Water 2012 ORANGE COUNTY GRAND JURY 2022 12023 Page 36 of537 HISTORIC RAIN, YET DROUGHT REMAINS • The following websites were referred to: • The Untapped Potential of California's Water Supply: Efficiency, Reuse, and Stormwater Pacific Institute June 2006 • Treehugger - What Is Desalination? How Does It Impact the Environment? 2021 • Various information regarding 2014 Water Bond • Water Advisory Committee of Orange County— monthly reports • Water Education Foundation — Conjunctive Use • Webinar OCWD A Regional Update on Southern California Water Supplies 2022 • Webinar OCWD Take It to the (Water) Bank: Ensuring Regional Water Supply Reliability 2022 o Yorba Linda Water District • You Tube Posting, OCSD Replenishing precious Ground Water, Black and Vetch, 2013 • YouTube Posting, Michelson Water Recycling Plant, Irvine Ranch Water District 2009 • YouTube Video, Research in Action, Orange County Water District Reuse, posted by the Water Research Foundation 2022 ORANGE COUNTY GRAND JURY 2022 12023 Page 37 of997 HISTORIC RAIN, YET DROUGHT REMAINS APPENDIX A: ACTIONS BY LOCAL AGENCIES TO SECURE SUPPLY Water Banking: Water banking may help with droughts but is only a part of the solution and it has yet to prove itself. Water banking is being pursued Metropolitan Water District and various water suppliers. Simply put, water banking is a voluntary, market-based tool that could facilitate water transactions between willing sellers and buyers. Water right owners, who are willing to free up some of their water in a particularly dry year or years, would temporarily lease it to those who simply cannot afford to be without water. Water banking also takes water during periods when it is available and stores it. Banking water during wet years provides water districts with a cushion of protection during droughts. It also conserves any unused water, rather than letting it run out to the sea or be lost to evaporation. The storage is usually done in aquifers and generally not within the individual agencies area. The water banking agreements can be complex and depend upon broad cooperation among various agencies for delivery and storage. SARCCUP Water Bank Storage Conjunctive use is a catchphrase for coordinated use of surface water and groundwater. Storage The state considers water 137,000AF =-=w banking a "conjunctive Chino an " Chino _ <_.... Ors Bemardino 7,000 Jacinto �`•...�„'iy use" Riverside .6ao •• ,O ,, - - _ - and 6,000 San Riverside• Elsinore Bernardino Adin,tan . encourages such uses.19 4,600/ p,rga 64A00 �" •�' , On a statewide level, San Jacinto . ora�eCaMY : _ c°idw,ter California has 517 groundwater basins. Stanford's Water in the West institute estimates that the capacity of underground water storage in California is at least 20 times greater than that of the state's reservoirs and lakes. However, the means to store surplus water and return it in dry years is lacking. The Sustainable Groundwater Management Act of 2014 has created the opportunity to expand recharge basins and banking particularly in agricultural areas but to date, action is lagging. ORANGE COUNTY GRAND JURY 2022 12023 Page 38 of5i14 HISTORIC RAIN, YET DROUGHT REMAINS SARCCUP Facilities The largest water banking project dnteeconnecdbns - underway that affects Orange .,nd.proe County is the Santa Ana River conveyance - =°mP°ne�isa"dW . a'direct deliveries Conservation and Conjunctive , ... am°ng°""" Use Program (SARCCUP). It is a EMW)A'andYEUA - ��u regional program that involves O • T several agencies in Orange ;4 ' CannonCampbe11P5; County, Riverside County, and P' _ San Bernardino County. While a Or,„. • 'Santa Ana River; e_I (":;,,`� Mtn Ave Wezt ' ° �W: R ` .•rg. Fa. logical program to undertake, O ty aa,o, '�^v.— 5Was,.. em t• there are technical and - distribution issues that must be worked out and these items may take several years. A more controversial banking ro ram is the Cadiz project. The Cadiz Water - .`` Project is a water supply project to CADj � manage the groundwater basin underlyingfy. a portion of the Cadiz and Fenner Valleys in California's Mojave Desert. At least one A� � , - ar , ' . water agency in Orange County has ft }r A considered this program as a potential source of water to meet their needs. The program has been promoted since 1997 and has yet to move forward. There are several environmental concerns with the program and concerns about transferring water between basins, particularly one under a desert. The Cadiz project currently is not viable supply of water. There are criticisms of water banking and its effect on local communities. A Georgetown Environmental Law Review article in March 2022 stated, "While advocates of water banking believe its market-based approach will efficiently allow a reduction of use of water, especially during droughts, opponents may cite some examples of how letting the market take over may be detrimental to local communities." Such concerns are valid and need to be considered prior to relying on water banking as the only solution to ensure water supply during times of drought. Purchase of water rights Temporary transfers of water from one water user to another have been used increasingly as a way of meeting statewide water demands, particularly in drought years. This has been done through the purchase of water rights. There are numerous articles concerning the possible negative effects of this practice, including the effects on less wealthy communities and agricultural. Due to these concerns, this practice should be limited. Farms in western Arizona are growing alfalfa — one of the most water- ORANGE COUNTY GRAND JURY 2022 12023 Page 39 ofW HISTORIC RAIN, YET DROUGHT REMAINS intensive crops — in an area where there's a shortage of water. Some farms are foreign- owned and are shipping the crop to Saudi Arabia, where it's illegal to grow because it takes too much water.20 Water sources cannot be bought or sold but the water taken from a lake, river, stream, or creek, or from underground supplies for a beneficial use, requires you have a water right.21 The right to use that water can be conveyed on a temporary basis. Temporary transfers of water from one water user to another have been used increasingly as a way of meeting water demands, particularly in drought years. During interviews, the Grand Jury found the purchase of water rights to be widespread. Agencies stated the cost of acquiring water rights is significantly less than developing new sources. The practice includes asking agricultural users to allow their land to lay fallow. There are numerous articles about making the agriculture industry more efficient. These effects, if they occur, will take time and be costly. Taking water from a major industry to satisfy urban demands is inherently wrong and will not solve the problem of extended drought. Recycling Water Recycled water offers Orange County a way to reduce water requirements but is limited by the amount of wastewater that can be recycled which in turn is dependent upon available water supply. It is an important piece of Orange County water resiliency but not a solution itself. Recycled water is wastewater that has been treated to a level acceptable for landscaping and certain other industrial uses. The regulations regarding the use and stand for treatment of recycled water are referred to as Title 22.22 Orange County has been a leader in recycling of water through Orange County Water District and Irvine Ranch Water District.23 Irvine Ranch Water District reports that 25% of the water it supplies is recycled. Recycled water replaces the need for using potable water. Currently, various water districts are expanding their recycling systems by constructing additional reservoirs and distribution systems. The cities and water districts in Orange County have also been active in sponsoring legislation that supports recycling of water. South Orange County Wastewater Authority (SOCWA) treats and distributes for reuse roughly six billion gallons of water every year.24 However, not all SOCWA treatment plants are recycling as much as feasible, most notably the JB Latham Treatment Plant does not recycle any treated wastewater. During the interviews, different agencies noted there are jurisdictional friction that is being worked on to increase recycling and potentially water reuse in South Orange County. The Grand Jury strongly encourages cooperation or mergers that would increase recycling in South Orange County. ORANGE COUNTY GRAND JURY 2022 12023 Page 40 of53P HISTORIC RAIN,YET DROUGHT REMAINS In summary, water recycling is an important part of Orange County's water supply and needs to be utilized to the maximum extent. However, it will not resolve water resiliency issues by itself and it relies on existing sources of water. Reuse of Water for Potable Purposes Reusing wastewater for potable purposes is an important part of North Orange County's water portfolio. Orange County Water District produces 130 million gallons of indirect reuse water per day. However, the amount reused water is dependent upon the diminishing supplies within Orange County. Water reuse is used to enhance water security, sustainability, and resilience. The process of using treated wastewater for drinking water is called potable water reuse. Potable water reuse provides another option for expanding a region's water supply portfolio. There are two types of potable water reuse: • Indirect potable reuse: Uses an environmental buffer, such as a lake, river, or a groundwater aquifer, before the water is treated at a drinking water treatment plant. • Direct potable reuse: Involves the treatment and distribution of water without an environmental buffer.25 Orange County Water District has been providing indirect potable reuse. In the mid- 1990s, OCWD began the planning and construction that created the Groundwater Replenishment System to produce indirect potable water. The process built upon an earlier process to produce water to prevent groundwater intrusion. The process took over ten years to implement and the system is working well. However, it should be noted as being limited because it relies upon a declining supply and it is a lengthy process. Interviewees have noted that OCWD is considering direct potable reuse. The State of California is currently enacting regulations to enable direct potable reuse. One of the advantages of direct potable reuse is the elimination of the loss due to evaporation at the percolation ponds and the efficiency of direct use. In summary, water reuse is a vital part of the portfolio of water for Orange County to insure water resiliency. Water reuse should also be expanded to the practical extent possible. The time to complete such projects is lengthy and needs to be started immediately. However, reuse is only part of the water needed by Orange County and the source problem needs to be addressed. Aquifer Management Managing the aquifer underneath North Orange County created a highly resilient source of water, but it is challenged by the climate change. The main and supplemental supplies of water are diminishing with less precipitation. The use of the aquifer for wet ORANGE COUNTY GRAND JURY 2022 12023 Page 41 of597 HISTORIC RAIN, YET DROUGHT REMAINS weather storage has not met it potential due to challenges in trapping rainwater and runoff. The aquifer has not been made a regular source of water for all of Orange County which could ease South Orange County's supply problems. The aquifer supplies approximately 72% of the water for North and Central Orange County. The aquifer is primarily supplied by runoff in the Santa Ana River and supplemented with water from the OCWD's Groundwater replenishment project and water purchased through MWDOC and MET. OCWD has done well managing the aquifer for North and Central Orange County with existing flows. It has also taken steps to increase the supply of water by working with the Corps of Engineers to better manage the flow of water in the Prado Reservoir, expanding the groundwater replenishment system, and participating in the Santa Ana River Conservation and Conjunctive Use Program.26 All of these steps reinforce the ability of the basin to supply water but do not in themselves assure an increased supply water. South Orange County can only receive water during times of emergencies but does not have regular access to the water. Interviewees noted there was a lack of ability to move water to South Orange County. Because South Orange County is almost 100% dependent upon water imported from MET, this is highly problematic during drought. The Santa Ana River water basin covers San �a Bernardino and �` Riverside Counties as fig, 4{: . - a . well as Orange County. The Santa Ana :' : ~ Watershed Project v -0; 4 Authority (SAWPA) �,4, works to maintain the 11 � �� � , ' r,@ water quality in the � r.r� Santa Ana River and is actively working on drought responses. . According to its web site, "SAWPA's work in Figure 4.3-1.Water Retail Service Areas in the Santa Ana River Watershed the Santa Ana River Watershed advances projects and programs that build water resiliency and promote collaborative, innovative responses to water planning, all of which help address drought conditions."27 SAWPA also prepared a water shed management plan.28 ORANGE COUNTY GRAND JURY 2022 12023 Page 42 of53! HISTORIC RAIN, YET DROUGHT REMAINS Urban Water Use Objective Formula (Simplified) Weather modification and promoting water efficiency are the _ �;,. Urban Retail Water Supplier's + Allowable. Bonus = Urban Retail Water Supplte primary drought : ,. Urban Water Use Objective Incentive Adjustments Adjusted"Urban Water Use Objective responses of SAWP. Volume of potable reuse Total Efficient indoor d watts mEXISTING = Through weather Water Use taeftr,:not to exceed 15%of urban water () modification (cloud use objecttve m' V OTotalater Use Efficient Outdoor seeding) it hopes to +. 0 Volume of petatNe reuse achieve 5% more water from NEW facility, not anwexate use bf j precipitation in Total Estlrnated Water urban water use objective Use'forVariances specific types of storms. The water efficiency approach is to help implement water use efficiency programs and conservation-based rate structures.29 We were provided with no specifics regarding what percentage can be saved, but through interviews the Grand Jury learned that the savings are between 15% to 30%. None of the initiatives by SAWPA are likely to have an impact on water supplies during prolonged California drought. Interviewees consistently stated that we cannot conserve our way out of a drought. Adding to the concern about the Santa Ana River ground water supply basin is the Inland Empire's future demands on the water. Development is rapidly taking place and surface water sources and water agencies are recycling water to greater degrees rather than discharging treated wastewater to the Santa Ana River.30 The Inland Empire communities are largely dependent upon Metropolitan Water District supplies which are subject to drought. Orange County Water District only has rights to withdrawing an adjudicated amount of 34,000-acre feet of water from the Santa Ana River. This is approximately half of the 70,000-acre feet typically used to manage the aquifer levels. OCWD typically purchases 30% of the water added to the aquifer from MWDOC. The water MWDOC supplies comes from Metropolitan Water District (MET). During late 2022, MET reduced the water from Northern California Sources to 5% of previous amounts. The water MET receives from the Colorado River is endangered as discussed elsewhere. In summary, the Central and North Orange County aquifer has limits on its ability to supply water to Orange County. These include dependencies on water from Metropolitan Water District, which has had problems supplying water, and a potentially dwindling supply of water from the Santa Ana River. The aquifer is not a supply of water for South Orange County. The aquifer limitations reinforce the need for Orange County to provide for a more drought-resistant supply of water. ORANGE COUNTY GRAND JURY 2022 12023 Page 43 of5! HISTORIC RAIN, YET DROUGHT REMAINS Utilization of other supplies Besides the North/Central Orange County aquifer and those obtained from Metropolitan Water District, there are other insignificant supplies of water. These include surface water captured in Irvine Lake and the San Juan Creek Groundwater Basin in South Orange County. Neither of these are significant supplies of water. Water Efficiency to Increase Supply Orange County Water Districts have found they can reduce the immediate need for increasing water supplies by more efficient use of water. This certainly stretches the water supplies, but it is limited in its ability. Future water needs will require more than just efficient water use. During the recent drought from 2011 to late 2022, Orange County Water Suppliers reduced the per-capita water use significantly by more efficient water use and conservation. This has allowed development to continue to occur even as the water supply was reduced. Irvine Ranch Water District (IRWD) customers reduced their water use from 89 gallons per capita in 2007 to 67 gallons per capita in 2021.31 The area served by IRWD is a newer area where much of the landscaping is irrigated by recycled water and is drought tolerant. The IRWD also has extensive use of water saving plumbing in homes. Older areas of Orange County have also reduced per-capita water use. North and Central Orange County reduced water use from 330 acre-feet in water year 1999-2000 to 230 acre-feet in water year 2022-202332while the population grew slightly.33 Water efficiency savings have been achieved by adopting water saving devices, changes in landscape practices, greater recycling of water, tiered water rates (higher users, higher rates) and the public's participation. Water suppliers have worked with users to identify the need for greater efficiency by promoting these changes. The State of California also mandated a 20 percent reduction in urban per-capita water use by 2020 in the Water Conservation Act of 2009. The change to efficient use of water will need to become the future standard as water supplies diminish and as housing development increases. However, it is not reasonable to expect greater efficiency to make up for the reduction in supply caused by climate change. Several of the interviewees and many of the reference documents the Grand Jury reviewed stated Orange County cannot conserve its way out of a drought. Besides the significant reduction in per-capita water use, greater savings may be made by more drastic changes in lifestyle. None of the information supplied by water suppliers and reviewed by the Grand Jury addressed these changes. As an example of lifestyle changes, areas such as Phoenix and Las Vegas have either adopted or are in the process of adopting drastic restrictions on landscape water use as a long-term ORANGE COUNTY GRAND JURY 2022 12023 Page 44 ofP HISTORIC RAIN, YET DROUGHT REMAINS climate mitigation. Among these restrictions is a moratorium on development by restricting new water connections.34 Continue efficient water use is needed for the future. Orange County has made significant changes in per-capita water use by being efficient, but any additional savings will only come through changes to lifestyle. This needs to be made clear to residents if additional efficiency is to be achieved, but even additional efficiency will not mitigate the effects of climate on Orange County's current water supply. Ocean desalination is recommended as the ultimate answer to an untapped source of water and can secure Orange County's future. APPENDIX B: graphics of interest Metropolitan Water District of Southern California, Municipal Water District Orange County and Orange County Water District Information Sheets COLORADO RIVER AQUEDUCT(CRA) ,r DIAMOND VALLEY LAKE(DVL) I. , , . , ' MONTHS OF EMERGENCY SUPPLY ),./:!' . MILES LONG .. to 1 . r„ Located in Riverside County,near Hemet,DVL is Southern 4 • aU 4 " - California's largest drinking water reservoir DVL nearly 5 ' t4. The Colorado River is an essential doubles Southern California's surface storage and provides six a �.�,' — fF water supply for Orange County. months of emergency water supplies for the region,protecting :` ',. it against water shortages caused by drought and earthquakes. Ste .., ;-' %:••t The CRA transports water 242 DVL measures 4.5 miles long and over 2 miles wide,with a rz e3i miles west from Lake Havasu on maximum depth of 285 feet.The lake holds up to 264 billion ,, ^`;_` gallons of water and is home to one of 16 hydroelectric plants " 1r'.,, ,, t the California/Arizona border to along the MWD distribution system. ' ,1r`--- ,^=`'ss `'. ;4 Lake Mathews in Riverside County i-- tit'.`` Owned and operated by MWD,the "_' ; . ,,.- , CRA began delivering water to M a "r``•41t_ hGF.,:a.,7_'. southern California in 1941 and �'"- " ,irriiEiil _ was the largest public works ,. - ,„..-_•, -, project in southern California ti,.i4 m n c�ra l E r., during the Great Depression. STATE WATER PROJECT(SWP) r. 1,144.c.„,...:,.......... -- , i. p-( �s° . Five pumping plants push water T~ through the aqueduct and up over ( j ; ' `, MILES LONG ' --=gym- x 1,617 feet of mountainous terrain. „ The State Water Project(SWP)is a 3. ' � - water storage and delivery system � �, .i '- ..` that facilitates the transfer of water ri1.c c ;,-. from the lakes and rivers of •-t., • Northern California to residential -�--�` communities,agricultural districts, ,.�4A - -'^.----: and businesses in the San - _ Francisco Bay area,Central Valley, 1� and Southern California. r The SWP is the largest state built -." a water delivery and power generation "` -7: - }-. system in the nation,consisting of - ..j+ " ., more than 30 lakes and reservoirs, over 20 water pumping plants,5 .A.. . hydroelectric power plants,several I>. ,; ,; dams,and over 700 hundred miles r '-) r ?°" x of canals and pipelines. .: ._- ORANGE COUNTY GRAND JURY 2022 12023 Page 45 ofWr HISTORIC RAIN, YET DROUGHT REMAINS WATER RECLAMATION • .• ,• Celona- F till eqon , Wastewater has become "5..:68e---""-43..),--Awmt•o-'17. ' • -.., -, ' /, an important source of .., AnaheiM., water for California. ..r.,, -, .....„Awitik„:„...i..;:--, • , :.,4,,;', , - ',.. - n Cqanoe * Wastewater is processed 4 4 4 •'- -• • ' ..„.•.k.... ',5.,•1-, at a water reclamation , i , ,..,4 , santa Ana ,--* facility to remove solids ' 14k—wiz .'"wk. '-. *1 rcmiii.An .. - , 1, -.'- ' -._ and impurities, increasing • — _ . - , • yailei . ,,,,,„ Se.14' the quality of water.The , - .. .• E.16.-.:11 " --,- •„, , \ , - ki,il, ' Costa i.iesa, ' Rancho „ - water, now clean,can be 7- . low- • • -,c S a!,,t-'-°-..-2 - i used for a variety ofr•*,.t..:,...• .1? . Lale ? 1.awanta i , Mt41 applications • . . '. - ..efi.-, . .f.''i ' . la)ufia Reclaimed water is used ' . fitly.31 for irrigation,toilet II. ,$.; 4.01 , taluna Bad, flushing, industrial i ,•., ir.„. ti. .,k7,44. ,....„, 1 , •„, ! Z..` 1 •11::-.C: .,• „ • Planned Storm purposes,and Atat, .1•:. i ? ..444.. . 1 groundwater ' -:41.-: -- '... 1 : . Nr Water ,..vi- 1,- .,1 i,., replenishment. Capture (Dots) San(!merge DIEM ER WATER TREATMENT PLANT Three Study Regions in Orange County __ Based on Mix of Local and imported Water Sources ., , ..., ,_._y- , r ,„,,, ,..i.....- ,....,...-r,...• • ,--4.! ,/ 4-;V' . _Y. '''' '.17 L ' ^Ar -;.0.-F---Z,:2,,,t,.--,r'..,.. .,,,Jill& .,4:,!..., 4„„:.: A ' :.;:;.4-- '.. ,,,i'f', Antia ,:,,,,:'' , ,k.:.iv,,,, , . vauRreou 1^..,1: ...saal was malza rearm,. , , , . .,..-4..., "1, i,h','" , ilwazazi 1,40+,.striV —,''`. .".- . 7. --**4"--•.-.... .10,..11,e,pe: *.' .At .1...re vt9".< 4.' , ...,'"...,' .:1,I:....474.,; 4........, ..4.. ( ''A7:77,WCP.4°7 i :e. ......... Ft;: i".,.,-...,,f,.1 The Robert B.Diemer Treatment Plant(Diemer)is located in Yorba Linda.The plant's hilltop location is well suited for .,, .rt,s, te Ootroktoot. ri—7- ,,,, .7 gravity-flow distribution of water to homes and businesses , ,,,,_ '\4 ‘, W.WCWOMAI...P. . throughout Los Angeles and Orange counties.Most water \..1 brought to Diemer for treatment comes from the Colorado River k 1,7., 1 /..., ? via the 242-mile long Colorado River Aqueduct.To a lesser '/r-- 4-,,„,.../ 7 ..,, 4 I ferrensoreaa•'1/4 '`'''".". , ' degree,the plant also receives water from Northern California through the State Water Project. \ ... -----, -----m' 1 -7 Diemer delivers up to.F.20 W.LLICIF.'7.3:::_L.7.) Y:„...of clean drinking L ,„i-.. water a day to Orange and Los Angeles counties. /c...... \ 1 ^-(,,._.,f-•-•\ L.- - 831.1711COAST i ' Orange Garay Vmar Minn(.2m5) H i lhearLa Habra D 2.5 5 to woo W4--[ 3 I South°ramie Ccuritv ORANGE COUNTY GRAND JURY 2022 I 2023 Page 46 of537 HISTORIC RAIN, YET DROUGHT REMAINS ,.........,_ , , , .. . ' .. . - . ,,...„).,--- / .„..3 , , 0 ,5.,.. ..„,.....,, ....._„....„5_ .....,,L.,,,,.., 1,....1. 5 -.......- - . . . . .. . , . , . . . . .. n... .,.. i Ealr.faG.3 MIN *-1111104 , I Snownelt 'Aeated! i,.Jot mu' , + .-Vygstqnrater, Wastewater i . O:Lisued Watsr A : Ar'-'7:'''4, r';:'."-;i:,'''''''''4=,' 2.5 MiTion ' , Untreated 0),A,L.-5.4.4-41.1c, , , ,,(4,,,,,,,,,,4,14,-. Water Users ! . 6anta Ana Local linporied ..1, ' , River Rainfall Water— 4;6 G•.,,:s.:.1..s ,,'Est.'a fa,v(2 0 4 0 :i,:p..?•.„,,,,, ' h.170 Direct ,, ,, c.\., ;1:;. ,‘,-,. `,,,.. 6 a a '''''''') ° ''''-' ,'. 6 r- , 6 A Advanced Puritial Water ) ^.07, , Las., v -- North&Central... T 25%Orange County ....i.,......ts..., L— ,—..!l'f",,,:4,.1-,;„ South 1 90% „. --rd'.,, 4-43,.'-• '.% ©Fngs gckauDV , I Orange County .........,... E.,....a.w... igmantmailw E3an -,-,:.-,-- ..,-..,,..-.. — ,-- - ..... . Local Groundwater . ' Basin&Recycled Et, r 1 ' Water tee irrigation 600,000 Water Users i I, ORANGE COUNTY GRAND JURY 2022 I 2023 Page 47 of5S7 HISTORIC RAIN, YET DROUGHT REMAINS BIBLIOGRAPHY Abigail M. Johnson, Water Banking: A Potential Solution or Misguided Idea, Georgetown Law Review,March 13, 2022 Adam Beam, State debates what to do with water from recent storms, Associated Press Article, February 15, 2023 Alastair Bland, Colorado River water users convening amid crisis concerns,Associated Press Article, December 13, 2022 Alastair Bland, Is California's drought over? Water providers still predict shortages next year, Cal Matters,December 13, 2022 Alejandra Borunda, The drought in the western U.S. could last until 2030,National Geographic , October 27, 2022 Allison Armstrong, Information Officer,New Report Shows Continued Water Conservation Is Key to Enabling Suppliers to Meet Demand, State Department of Water Resources,November 28, 2022 Amelia Bates, Tribes in the Colorado River Basin are fighting for their water. States wish they wouldn't, High Country News,November 16, 2022 Arnie Davis,Better Than Running Out of Water—Desalination Plants in Australia, The Guardian, September 19, 2019 Andy Restrepo, Is the California drought over?What's the situation after the latest snowstorms?, USA Today ,February 28, 2023 Annie Snyder, Shrinking Colorado River hands Biden his first climate brawl, Poltico,February 4, 2023 Avery Arena, The Colorado River Is in Crisis. It's Not Just About Water., Slate, February 14, 2023 Ben Tracy, Investors Buying Water Rights, CBS Evening News , January 31, 2023 Brandon Pho, Is Poseidon's Huntington Beach Desal Plant Proposal Gone for Good?, Voice of Orange County, July 6, 2022 Brendan O'Leary, California reservoirs are taking radical new steps to save rainwater before droughts: 'We need to prepare',NPR, January 30, 2023 ORANGE COUNTY GRAND JURY 2022 12023 Page 48 of 57 524 HISTORIC RAIN, YET DROUGHT REMAINS Brooke Staggs, Key vote for Doheny desalination plant coming Thursday, Orange County Register, October 11, 2022 Brooke Staggs, Coastal Commission approves ocean desalination plant off Orange County coast, Orange County Register, October 14, 2022 Brooke Staggs, County, Cities fall short on climate change planning, Orange County Register, January 26, 2023 Brooke Staggs,Doheny desalination plant in Dana Point clears final regulatory hurdle, Southern California News Group - OCR, December 9, 2022 Brooke Staggs, Lake (Big Bear)has risen 2 feet in week, but its still low, Orange County Register, January 21, 2023 Brooke Staggs,Mesa Water digs deep to sustain district, Orange County Register, July 26, 2022 Brooke Staggs,New federal funds will help Southern California weather megadrought, Orange County Register, August 19, 2022 Caleigh Wells, This climate solution saves water and creates solar energy, KCRW,November 28, 2022 Camille von Kaenel, Shrinking Colorado River hands Biden his first climate brawl, POLITICO, February 23, 2023 Christopher Flavelle, As the Colorado River shrinks, Washington prepares to spread the pain, New York Times, January 30, 2023 Clara Harter, Kristy Hutchings, Tyler Shaun Evans, Water officials issue warning, Orange County Register, December 15, 2022 Contributing Editor, VP Touts Water Conservation, Orange County Register, January 21, 2023 Craig Miller and Paul Helliker, California's water supply goes beyond the current drought, Orange County Register, June 18, 2022 Dan Walters, California may reallocate shrinking water supply, Cal Matters, October 18, 2022 Dan Walters, Opinion-Another step toward agreement on California's water, Cal Matters, November 16, 2022 Daniel Amarante and Daniel Manzo, Extreme drought nearly eliminated in California in wake of atmospheric rivers,ABC News, January 12, 2023 Daniel Gligich, Valadao rolls out sweeping overhaul of Calif. water policy, The San Joaquin Valley Sun, January 10, 2023 ORANGE COUNTY GRAND JURY 2022 12023 Page 49 of 57 525 HISTORIC RAIN, YET DROUGHT REMAINS Daniel Porter, Why Isn't Desalination the Answer to All California's Water Problems? The New Humanitarian , December 15, 2015 Don Thompson, Water use drops 10% in July as state deals with drought, Orange County Register, September 8, 2022 Editorial Board, Editorial - Consolidate water boards in our region, Orange County Register, October 28, 2022 Editorial Board, Editorial -Desal plant rightly gets the green light, Orange County Register, October 26, 2022 Editorial Board, Editorial -Flooding shows the need for storage, Orange County Register, January 4, 2023 Editorial Panel, Editorial—States Climate Strategy Lacks Clear Direction, Orange County Register, January 17, 2023 Editorial Panel, Opinion—Water is a Terrible Thing to Waste, Los Angeles Times, January 18, 2023 Edward Ring, Opinion -Harvesting the deluge is an opportunity for Californians,—California Policy Center, January 12, 2023 Elizabeth Weise and Dinah Voyles-Pulvec,Are California's storms normal, or is climate change making them worse? What experts say., USA Today, January 10, 2023 Elizbeth Weise, Water crisis in West: Massive reservoir Lake Powell hits historic low water level,USA Today, February 20, 2023 Emily Pontecorvo, The West's Biggest Source of Renewable Energy Depends on Water. Will it Survive the Drought? Gist, October 18, 2022 Ethan Baron, Keeping California's head above water- Scientist helps companies adapt to growing risk of drought, flood and climate change, Bay Area News Group, January 15, 2023 George Skelton, Opinion Column: Shrinking water supply will mean more fallow fields in the San Joaquin Valley, Los Angeles Times, February 20, 2023 Gianna Melillo,Here's how California is trying to hold on to its rainwater, The Hill, January 17, 2023 Gina Ayala—Media Contact, Four Pfas Treatment Facilities In Orange Begin Operation, Treating Up To 7,500 Gallons Of Water Per Minute, Orange County Water District Press Release, October 10, 2022 ORANGE COUNTY GRAND JURY 2022 12023 Page 50 of 57 526 HISTORIC RAIN, YET DROUGHT REMAINS Greg Hass, Lake Mead and Lake Powell are swelling. Here is what that means for the water supply, The Hill,April 21, 2023 Gregory Pierce,Nicholas Chow, Kyra Gmoser-Daskalakis,Peter Roquemore, and Nichole Heil, Analyzing Southern California Supply Investments from a Human Right to Water Perspective, UCLA Luskin Center for Innovation Part of The Proposed Poseidon Ocean Water Desalination Plant in Orange County,UCLA Review, April 2019 Haley Smith and Ian James, Drought emergency declared for all Southern California, Los Angeles Times, December 14, 2022 Haley Smith, Los Angeles is running out of water, and time. Are leaders willing to act?Los Angeles Times, October 13, 2022 Haley Smith,Nearly 20% of California water agencies could see shortages if drought persists, state report shows, Los Angeles Times,November 30, 2022 Haley Smith, Recent storms give drought-weary California cause for hope, but will they continue?Los Angeles Times, December 13, 2022 Haley Smith, Water savings just a drop, experts say, Los Angeles Times, September 16, 2022 Haley Smith, With all this rain and snow, can California really still be in a drought?Look deeper, Los Angeles Times, February 22, 2023 Hayley Smith, They used to call California ocean desalination a disaster. But water crisis brings new look, Los Angeles Times,November 7, 2022 Hayley Smith, Why Southern California is still imposing water restrictions despite so much rain, Los Angeles Times,February 6, 2023 Ian James, Depletion of groundwater is accelerating in California's Central Valley, study finds, Los Angeles Times, December 27, 2021 Ian James, Growing fears of'dead pool' on Colorado River as drought threatens Hoover Dam water, Los Angeles Times,December 16, 2022 Ian James,Molly Hennessy-Fiske, Sean Greene, Gina Ferazz, The Colorado River is Overused and Shrinking, Los Angeles Times Continuing Articles, February 1, 2023 Ian James, More water restrictions likely as California pledges to cut use of Colorado River supply, Los Angeles Times, October 6, 2022 Jake Bittle, Water thieves abound in dry California. Why are they so hard to catch? Grist, December 1, 2022 ORANGE COUNTY GRAND JURY 2022 12023 Page 51 of 57 527 HISTORIC RAIN, YET DROUGHT REMAINS Jeff Gritchen, Before and After Photos Irvine Lake, Local Irvine Publications, January 25, 2023 Jelena Jezdimirovic and Ellen Hanak, How California's Water Bond Is Being Spent, Public Policy Institute of California,December 2017 Jess Thomson, Is Lake Mead Filling Back Up?Newsweek, February 1, 2023 Joel B. Pollok, Lake Mead and Lake Powell, Reservoir Article, Los Angeles Times, February 5, 2023 John Addison, Lessons from Orange County, California's water strategy, Greenbiz- John Addison, Meeting of the Minds, January 2, 2019 Jonathan J. Cooper and Kathleen Ronayne, Arizona's Kelly slams California on Colorado River use,Associated Press, October 27, 2022 Joshua Frank, The Truth About the California Water Crisis, Counterpunch, June 15, 2022 Jules Bernstein, From drought to deluge: What's next for California?PhysOrg, April 10, 2023 Julia Jacobo and Daniel Manzo,Megadrought out West expected to intensify, expand east: NOAA, ABC News, April 21, 2022 Julia Jacobo, Are rising water prices amid the Western megadrought inevitable?Yes, but it's complicated, experts say, ABC News, June 13, 2022 Julia Jacobo,Bodies of water all over North America are drying up due to drought, climate change: Experts, ABC News, October 19, 2022 Julia Jacobo, Southwest experiencing driest conditions in at least 1,200 years due to climate change,new study finds, ABC News, February 14, 2022 Julia Sizek with Kim Stringfellow, The Trouble with Cadiz, The Mojave Dispatch reporting on Mojave Project,February 2018 Karen Breslau, Mark Chediak and Kim Chipman, Recent storms show risk in state's outdated plumbing,Bloomberg,Reprinted Orange County Register, January 15, 2023 Kathleen Ronayne and Suman Naishadham, California releases its own plan for Colorado River cuts, Associated Press Article, February 1, 2023 Kathleen Ronayne, Audit: State too slow to fix contaminated water systems,AP in Orange County Register, July 27, 2022 ORANGE COUNTY GRAND JURY 2022 12023 Page 52 of 57 528 HISTORIC RAIN, YET DROUGHT REMAINS Kathleen Ronayne, California should invest tens of billions of dollars in water recycling, storage and desalination over the next two decades to shore up its supply as the state gets drier and hotter, Gov. Gavin Newsom said in a proposal released Thursday.,Associated Press, August 11, 2022 Kathleen Ronayne, State plans for scaled back giant water tunnel,Associated Press, July 28, 2022 Keith Schneider, Lack of water may doom shift to desert living,New York Times, January 1, 2023 Kurt Snibbe, As Orange County is increasing restrictions on water use, it may not feel like it,but drought here is less severe than many places around the world, Orange County Register,August 27, 2022 Kurt Snibbe, Here's why the desalination plant in Doheny was approved and Huntington Beach's wasn't, Orange County Register, October 23, 2022 Larry Wilson, Editorial No wet people without wetlands, Orange County Register, September 5, 2022 Laura Baisas, We're only 8 years away from stronger El Nino and La Nina events, Popular Science,November 18, 2022 Lior Novik, There will be no water shortage in Israel, Jerusalem Post, May 5, 2023 Loren Sommer, Emily Kwong, Rebecca Ramirez, Berly McCoy, California's flooding reveals we're still building cities for the climate of the past,National Pubic Radio, January 20, 2023 Martin Wisckol, Cost of Poseidon desalinated water gets renewed scruting, Orange County Register, March 31, 2022 Mike Anderson, Graham Fogg, Susan De Anda, Ellen Hanak, 3 reasons why California's drought isn't really over, despite all the rain,National Public Radio, March 23, 2023 Ned Kleiner, Op-Ed: Why California wasn't prepared for the atmospheric rivers, Los Angeles Times, January 25, 2023 News Editor, California's drought disaster is turning into an economic disaster: `It's unprecedented', Fox News, December 6, 2022 Nihar Patel, Drought-stricken CA increasingly turning to desalination of ocean water,National Public Radio,November 28, 2022 OCWD Members, Water Supply Reliability Expected to Improve at Prado Dam, Association of California Water Agencies,August 25, 2021 ORANGE COUNTY GRAND JURY 2022 12023 Page 53 of 57 529 HISTORIC RAIN, YET DROUGHT REMAINS Paul Cook, 1 billion gallons of rainwater captured at Irvine Lake, Irvine Standard, February 2023 Paul Rogers,Newsom calls for funding for water, Bay Area News Group, August 11, 2022 Rachel Becker,Another California desalination plant approved—the most contentious one yet, Cal Matters,November 17, 2022 Rachel Becker,How Can California Boost Its Water Supply? Cal Matters,November 7, 2022 Rachel Becker, Tunnel vision: What's next for the governor's plan to re-plumb the Delta? Cal Matters, June 22, 2022 Rachel Ramirez, More than 70 water agencies in California could face water shortages in the coming months, state report shows, CNN,December 1, 2022 Raquel Becker, Four in a row: California drought likely to continue, Cal Matters, September 28, 2022, Water savings go only so far State needs 'all of the above' drought strategy, mayor says, Los Angeles Times, September 2, 2022 Raymond Zhong, Officials warn of coming California megastorm,New York Times, August 15, 2022 Rene Marsh, This California city paid$1.1 million to keep faucets running through March as the price of water skyrockets, CNN,November 1, 2022 Rob Jordan,Reasons for hope amid California's drought, Water in the West News, October 27, 2021 Robert Reid, The new1.6 billion gal. reservoir is the largest facility of its kind in Orange County and the first to be constructed there in decades.,American Society Civil Engineers CE Magazine, October 2022 Robyn White, Lake Mead Water Levels Over Time Shown in Before and After Pictures, Newsweek, January 3, 2023 Robyn White, Lake Mead Water Levels Over Time Shown in Before and After Pictures, Los Angeles Times, January 3, 2023 Robyn White, Why Is the Colorado River Drying Up?Newsweek, December 21, 2022 Sammy Roth, These farmers dominate the Colorado River. Cross them at your own peril, Boiling Point republished Los Angeles Times, January 19, 2023 Sammy Roth, Want to solve climate change? Open more land to solar, industry leader says, Los Angeles Times,December 1, 2022 ORANGE COUNTY GRAND JURY 2022 12023 Page 54 of 57 530 HISTORIC RAIN,YET DROUGHT REMAINS Sammy Roth, Want to solve climate change? This California farm kingdom holds a key, Los Angeles Times, January 17, 2023 Sharon Udasin , DRIED UP: In California, desalination offers only partial solution to growing drought, The Hill,December 5, 2022 Staff Drinking water from the sea, THE WEEK, February 17, 2023 Staff, Remarkable recovery at Northern California's most beleaguered reservoir, CBS San Francisco, February 19, 2023 Staff, Sites Reservoir Is a Solution to California's Megadrought, South Coast Water District, November 5, 2022 Stan Metz and Felicia Fonseca,Deadline looms for western states to cut Colorado River use by about 15%,Associated Press, August 17, 2022 Stephen Katz, For Potable Reuse, Innovation Drives Adaptation, Waterworld, December 2022 Steven Greenhut, Editorial - Enviros just want to make everyonemiserable, Orange County Register, January 15, 2023 Steven Greenhut, Editorial - Will Our State Get Water Policy Right, Orange County Register, July 31, 2022 Stuart Snell, World-first major desalination field study finds minimal marine impact,UNSW Sydney, September 20, 2018 Teri Sforza, Build more houses! Use less water! California, can you have it both ways? Orange County Register, July 18, 2022 Teri Sforza, Editorial You're not saving enough water, Southern California, Orange County Register, July 11, 2022 Teri Sforza, One OC water agency fights for its life in face of consolidation desires, Orange County Register, February 10, 2023 Teri Sforza, Who are Orange County's biggest water or wasters? Here's the list, Orange County Register, August 14, 2022 Teri Sforza, Who's cracking down on water wasters in OC? Orange County Register,November 23, 2022 Thomas Elias, Opinion- California will resist bullying along the Colorado River, Letter in Los Angeles Times, February 17, 2023 ORANGE COUNTY GRAND JURY 2022 12023 Page 55 of 57 531 HISTORIC RAIN, YET DROUGHT REMAINS Times Editorial Board, Editorial: An unfair plan to cut California's use of Colorado River water, Los Angeles Times, February 26, 2023 Tom Coleman, Editorial Water Conservation is not enough, Orange County Register, January 1, 2023 Various, A Water War Is Brewing Over the Dwindling Colorado River, Washington Post, December 27, 2022 White, Robyn, Biden Says Climate Change Could Dry Up Colorado River. Is It Possible? Newsweek, March 15, 2023 NOTICE Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. ENDNOTES 1 The Groundwater Replenishment System-Providing Water for The Future.2003-2004;Water Budgets, Not Water Rationing 2007-2008; "Paper Water"—Does Orange County Have A Reliable Future? 2008-2009; Orange County Water Sustainability:Who Cares?2012-2013; Sustainable and Reliable Orange County Water Supply.Another Endangered Species?2013-2014; Increasing Water Recycling:A Win-Win for Orange County 2014-2015 2 Metropolitan Water District Web Site See Metropolitan Water District Web Site MWD I Homepage(mwdh2o.com) 3 See Metropolitan Water District Web Site https://www.mwdh2o.com 4 California Department of Water Resources State Water Project Web Page State Water Project(ca.gov) 5Washington Examiner Article"$2.7 billion bond fund to build water reservoirs sits idle in California"dated August 16, 2021 6 Natural Resources Bond Accountability Web Page Proposition One(ca.gov) California Environmental Protection Agency—Indicators of Climate Change in California—4th Addition, California's Water Supply Strategy—Adapting to A Hotter, Drier Future—Introduction—August 2022. ORANGE COUNTY GRAND JURY 2022 12023 Page 56 of 57 532 HISTORIC RAIN, YET DROUGHT REMAINS 8 Newsom calls for funding for water—Bay Area News Group Article dated August 11, 2022 9 California Government Code(Beginning with Section 62300)to Title 6 of the Government Code 10 Water in Orange County Needs"One Voice"Orange County Grand Jury Report 2021-2022 11 018 OC Study Report Final Report_02-01-2019 td with apendices.pdf(mwdoc.com) 12 See Treehugger Sustainability for All article dated April 15,2021 13 United States Geological Survey Web Page on Desalination I U.S. Geological Survey(usgs.gov) 14 International Desalination Association web page IDA I The Global Desalination and Water Reuse Community (idadesal.org) 15 Claude Lewis Carlsbad Desalination Plant, "Homepage."https.//www carlsbaddesal.com 16 Municipal Water District of Orange County webpage Water Rates and Charges I MWDOC 17 SoFi Stadium is a sports and entertainment destination built in Inglewood, California 18 Ocean Plan Requirements for Seawater Desalination Facilities by the California Water Boards—State Water Resources Control Board 19 Conjunctive Use-Water Education Foundation 20 Ben Tracy, Saudi company draws unlimited Arizona ground water amid drought, CBS News 21 California State Water Control Boards Web Site—Water Rights Page 22 Water Recycling and Title 22-Water Education Foundation 23 50 Years of Recycled Water(irwd.com) 24 Recycled Water I SOCWA 25 Potable Water Reuse and Drinking Water I US EPA 26 Drought-Orange County Water District(ocwd.com) 27 Drought Response-SAWPA-Santa Ana Watershed Project Authority 28 Wic07Aone-one-watershed-plan-update.pdf(OCWD.com) 29 Water Conservation Portal-California Statutes I California State Water Resources Control Board 30 Recycled Water Service-Eastern Municipal Water District(emwd.org) 31 See Irvine Range Water District web site IRWDis 32 See Water Advisory Committee of Orange County Water Supply Report Dated March 3,2023 33 USA Facts Orange County,CA population by year, race, &more I USAFacts 34 Water shortages threaten development throughout the West—AZMirrow Article dated June 10,20 ORANGE COUNTY GRAND JURY 2022 12023 Page 57 of 57 533 Moore, Tania From: Galassi, Cecelia <cgalassi@gwc.cccd.edu> Sent: Monday, September 4, 2023 12:58 PM To: supplementalcomm@surfcity-hb.org; CITY COUNCIL (INCL. CMO STAFF) Subject: Response to Sept. 5 City Council Agenda SUPPLEMENTAL COMMUNICATION Meeting(ate:— 44o September 4, 2023 To the Huntington Beach City Council: Agenda Item No,:Icl I am writing to tell you that your latest planned actions are an outrage and that I will join other citizens of HB and Orange County in fighting your efforts now and as long as you try tooccupy your current positions.I'm a 12-year homeowner in this city, I work full time in the city, and I'm raising a child here. As far as I can tell, this is part of what you want to do, starting on Sept. 5: ----Item 15—spendtaxpayer money to hire two sets of lobbyists for the city because you want different rules than any other town in the state. •---Item 16—spendup to 2.8 million dollars to hire a medical management firm to fight and, it looks like, manipulate workers' compensation arrangements that are already in existence. •--Item 19—refuseto respond to the OC Grand Jury's report on drought. •--Item 22—spend$3,831,000 to continue to fight the state of California in your ongoing, tax-guzzling lawsuit (again, as if HB goes by different rules than the rest of the state—uh, no). •--Item 24—simplysteal funds from the Traffic Congestion relief Prop 42 fund to hire a grant writer. •---Items 27, 28—In totally bad faith cancel a number of existing contracts and open up re-bidding (is that because you want to hire a friend's firm?). •---Item 29— Ina total attack on the democratic vote that denied you the opportunity to change City Charter Amendments, you want to fund and arrange a new March 5, 2024 election, so you can try to force your wishes on all of us again. •---Item 30—Appropriatel.2 million dollars from taxpayer funds for.... "Business Unit." That's all the explanation you give: Business Unit. 1 •--Item 16-- I will join other citizens to fight your attack on freedom (Item 16) to censor the HB Library and its trained librarians so that citizens have less access to books that you—without training, without any definition of what youmean by"obscene" (there's an existing Supreme Court ruling on that, by the way) want to pick and choose.You also want to "part ways with the American Library Association." What the hell?You don't get to determine anybody's reading options. That's not your job, you aren't qualified to do it, and it is a complete attack on citizen freedoms. You want to deny the supportof experts and the recognized national organization joining libraries across the country. We know you are attempting to copy what you have seen other power-greedy leaders do in Southern states. It appears you want HB to become like them, and that is a disaster. •Finally,the cowardly vote to rebuke Councilwoman Moser because she called out Mayor Pro Tern Van Der Mark'sdocumentedHolocaust denial record and racism. Van Der Mark's racism been publicly known since before 2018, and though she tries to cover it up and claim that her Latino background means she's not an anti- Semite, she has expressedracist views, and she has posted social media to that effect. In view of the fact that Moser has to watch her and most of you attack our civil liberties and use our money to do it, her frustration is understandable. Van der Mark has shown who she is, and slappingthe wrists of someone who calls it out is dishonest and petty. We see you. We will continue to fight your actions and power grabs. HB Resident Cecelia Galassi 2 Switzer, Donna From: Ann Palmer <714anniep@gmail.com> Sent: Tuesday, September 5, 2023 9:04 AM To: supplementalcomm@surfcity-hb.org Subject: Agenda item support 19, 31, 32, 34, 35 App was frozen this morning. -Ann Palmer 1 Moore, Tania From: Mary Ann Celinder <macelinder@gmail.com> Sent: Tuesday, September 5, 2023 11:13 AM To: CITY COUNCIL (INCL. CMO STAFF); supplementalcomm@surfcity-hb.org Subject: 23-712 drought object Maybe with this winter it's over, but we will have a drought again, we live in a desert. Mary Ann Celinder Celinder's Glass Design 21341 Fleet Lane Huntington Beach Ca 92646 studio 714 962 8361 cell 714 504 8361 www.customleadedglass.com 1