AGENDA
Garden Grove City
Council
Tuesday, August 22, 2023
6:30 PM
Community Meeting
Center 11300 Stanford
Avenue Garden Grove
California 92840
Steve Jones
Mayor
George S. Brietigam
Mayor Pro Tem - District 1
John R. O'Neill
Council Member - District 2
Cindy Tran
Council Member - District 3
Joe DoVinh
Council Member - District 4
Stephanie Klopfenstein
Council Member - District 5
Kim B. Nguyen
Council Member - District 6
Meeting Assistance: Any person requiring auxiliary aids and services, due to a disability, to address the City Council, should contact the City Clerk's Office 72 hours prior to the meeting to arrange for accommodations. Phone: (714) 741-5040.
Agenda Item Descriptions
: Are intended to give a brief, general description of the item. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda.
Documents/Writings
: Any revised or additional documents/writings related to an item on the agenda distributed to all or a majority of the Council Members within 72 hours of a meeting, are made available for public inspection at the same time (1) in the City Clerk's Office at 11222 Acacia Parkway, Garden Grove, CA 92840, during normal business hours; (2) on the City's website as an attachment to the City Council meeting agenda; and (3) at the Council Chamber at the time of the meeting.
Public Comments
: Members of the public who attend the meeting in-person and would like to address the City Council are requested to complete a pink speaker card indicating their name and address, and identifying the subject matter they wish to address. This card should be given to the City Clerk before the meeting begins. General comments are made during "Oral Communications" and should be limited to matters under consideration and/or what the City Council has jurisdiction over.
Persons wishing to address the City Council regarding a Public Hearing matter will be called to the podium at the time the matter is being considered.
Manner of Addressing the City Council
: After being called by the Mayor, you may approach the podium, it is requested that you state your name for the record, and proceed to address the City Council. All remarks and questions should be addressed to the City Council as a whole and not to individual Council Members or staff members. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the City Council shall be called to order by the Mayor.If such conduct continues, the Mayor may order the person barred from addressing the City Council any further during that meeting.
Time Limitation
: When any group of persons wishes to address the City Council on the same subject matter, the Mayor may request a spokesperson be chosen to represent the group, so as to
GARDEN GROVE
avoid unnecessary repetition.At the City Council's discretion, a limit on the total amount of time for public comments during Oral Communications and/or a further limit on the time allotted to each speaker during Oral Communications may be set.
PLEASE SILENCE YOUR CELL PHONES DURING THE MEETING.
AGENDA
COUNCIL MEMBER O'NEILL, COUNCIL MEMBER TRAN, COUNCIL
MEMBER DOVINH, COUNCIL MEMBER KLOPFENSTEIN, COUNCIL
MEMBER K. NGUYEN, MAYOR PRO TEM BRIETIGAM, MAYOR JONES
INVOCATION
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
1. PRESENTATIONS
1.a. Upcoming release of the City's new Mobile App as presented by Information Technology.
2. ORAL COMMUNICATIONS (to be held simultaneously with other legislative bodies)
3. WRITTEN COMMUNICATIONS
3.a. Consideration of a written request from the Giac An Buddhist Monastery to host a two-day Buddha's Birthday Festival at Garden Grove Park. (Action Item)
3.b. Consideration of a written request from LFA to extend the operating hours and make an exemption to the City's Noise Ordinance on New Year's Eve 2023. ( Action Item)
RECESS
CONDUCT OTHER LEGISLATIVE BODIES' BUSINESS
RECONVENE
4. CONSENT ITEMS
(Consent Items will be acted on simultaneously with one motion unless separate discussion and/or action is requested by a Council Member .)
4.a. Adoption of a Proclamation commemorating the 50th anniversary of Sister City Anyang, Korea . (Action Item)
4.b. Adoption of a Proclamation declaring September as Hunger Action Month in Garden Grove. ( Action Item)
4.c. Adoption of a Proclamation recognizing October 19, 2023, as Arbor Day in the Garden Grove. ( Action Item)
4.d. Consideration and Approval to submit a letter in response to the Grand Jury Report, " Historic Rain, Yet Drought Remains." (Action Item)
4.e. Consideration and approval to submit a response to the Grand Jury Report, School Shooting: "How Prepared are Orange County Public Schools"? (Action Item)
4.f. Authorize issuance of a purchase order to National Auto Fleet Group for three (3) new Police Department vehicles. (Cost: $143,779.53) (Action Item)
4.g. Authorize issuance of purchase orders to Hilco Fastener Warehouse Inc., McFadden-Dale Industrial Hardware and Lawson Products for hardware parts for City vehicles. (Cost: $150,000 per year) (Action Item)
4.h. Authorize issuance of purchase orders to Fleet Services Inc., Fleet Pride and Truck Parts Depot for auto parts for City vehicles. (Cost: $150,000 per year) ( Action Item)
4.i. Approval of an Agreement with Flock Safety Inc., for an ALPR camera system. (Cost: $235,950) ( Action Item)
4.j. Receive and file warrants. ( Action Item)
5. ITEMS FOR CONSIDERATION
5.a. Authorize issuance of a purchase order to PB Loader Corporation for one (1) new Truck-Mounted Bulk Waste Loader. (Cost:
$369,610.54) (Action Item)
5.b. Award a contract to California Landscape and Design Inc., for City Project No. S-1311, Magnolia Park improvements. (Cost:
$703,780.) (Action Item)
6. MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS, AND CITY
MANAGER
6.a. Update on the status of the City's Housing Element as requested by City Manager Kim.
7. ADJOURNMENT
The next Regular City Council Meeting is scheduled for Tuesday, September 12, 2023, at 5:30 p.m. in the Community Meeting Center, 11300 Stanford Avenue, Garden Grove, California 92840.
Agenda Item - 3.a.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa Kim From: John Montanchez
Dept.: City Manager Dept.: Community Services
Subject: Consideration of a written
request from the Giac An
Buddhist Monastery to host a
two-day Buddha's Birthday
Festival at Garden Grove
Park. (Action Item)
Date: 8/22/2023
OBJECTIVE
To transmit a written request on behalf of the Giac An Buddhist Monastery to conduct a two-day Buddha's Birthday Festival at Garden Grove Park, on Saturday, May 4, 2024 through Sunday, May 5, 2024.
BACKGROUND
The Giac An Buddhist Monastery annually celebrates Buddha's birthday with a community-wide festival that includes entertainment on stage, ceremonies, and food.
In January 2020, the City Council approved the organization's request to conduct a two-day festival at Garden Grove Park, however, due to the pandemic the event was cancelled. The festival was previously co-hosted with the Vietnamese American United Buddhist Congregation at Mile Square Park in the city of Fountain Valley.
DISCUSSION
Staff received a written request from the Giac An Buddhist Monastery to host a two- day Buddha's Birthday Festival at Garden Grove Park beginning Saturday, May 4, 2024 through Sunday, May 5, 2024. Attached is the proposed festival layout for the two-day event. The organization anticipates 3,000 participants in attendance throughout each day.
The Giac An Buddhist Monastery is a non-profit organization based in Garden Grove and is in good standing with the Internal Revenue Service and the Secretary of State.
If this event request is approved, staff will prepare a letter agreement between the City and Giac An Buddhist Monastery that will include provisions related to the reimbursement of City support and all direct costs, reimbursement for loss revenue
as a result of festival activities, outline of allowable festival activities, parking plan, and insurance requirements.
FINANCIAL IMPACT
Approval of this event request will not have a financial impact to the City. The Giac An Buddhist Monastery would be required to reimburse the City for all of the direct costs incurred to support the two-day Buddha's Birthday Festival. The amount to be reimbursed has not been determined at this time.
RECOMMENDATION
It is recommended that the City Council:
Consider the written request from the Giac An Buddhist Monastary to conduct the two-day Buddha's Birthday Festival at Garden Grove Park beginning Saturday, May 4, 2024 through Sunday, May 5, 2024; and
If the request is approved, authorize the City Manager, or her designee, to prepare and sign an agreement on behalf of the City for use of Garden Grove Park to conduct the two-day Buddha's Birthday Festival.
By: Janet Pelayo
Community Services Deputy Director
ATTACHMENTS:
Description Upload Date Type File Name
Written Request from
Giac An Buddhist
Monastery for
Buddha's Birthday
Festival
8/8/2023 Letter Proposal_from_Giac_An_Buddhist_Monastery.pdf
•
•
GIA.O H<)I PH~T GIA.O VItT NAM THONG NHA.T HOA KY
Vietnamese American United Buddhist Congregation
CQNC DONG PH~T CIAO Vl~T NAM NAM CALI-Vietnamese Buddhist Community of Southern Calif BAN TO CH(J'C D~I LE PH,:\ T DAN PL 2568-Buddha's Birthday Festival-Buddhist Year 2568 Giac An Buddhist Monastery
12811 Dale Street. Garden Grove. CA 92841
4717 W. First St., Santa Ana, CA 92703 Tel.: (714) 878-3739 Buddha's Birthday Festival
Saturday May 4 and Sunday May 5, 2024
Date: July I 7, 2023
To: City of Garden Grove, Council Chamber
City of Garden Grove Community and Economic Development Department Building and Safety Division.
RE: Community and Special Event Permit Application
Dear Sirs and Madams:
lam Doctor Le Tan Huynh on behalf of Vietnamese American United Buddhist Congregation and Venerable Thi ch Giac Chau, Abbot of Giac An Buddhist Monastery at I 2811 Dale Street, Garden Grove, CA 92841 submit this application to request the Buddha Birthday Celebration on May 4 and May 5, 2024 at Garden Grove Park.
In the year 2020 We already had a permit from Council Chamber and we were in process of many steps to organize this event, but finally according to the recommendation from O.C. Health Department we had to stop because of Covid-
19. This coming year, 2024 we would like to celebrate Buddha Birthday in the Garden Grove Park of your city.
Vietnamese American United Buddhist Congregation and Giac An Buddhist Monastery in the City of Garden Grove are two organizations with Non Profit Organization from the State of California and Internal Revenue Service 50 l.c (3).
Thank you very much for your acceptance.
Sincerely
Dr. Le Tan Huynh Venerable Thich Giac Chau
GIA.O H()I P~ T GIA.O VI¢T NAM THONG NHA. T HOA KY
Vietnamese American United Buddhist Congregation
C<)NG DONG PH,:\ T GIA.O VIJ;:T NAM NAM CALI-Vietnamese Buddhist Community of Southern Calif BAN TO CH(J'C D~I LE PH,:\T DA.N PL 2568-Buddha's Birthday Festival-Buddhist Year 2568 Giac An Buddhist Monastery
12811 Dale Street, Garden Grove, CA 92841
4717 W. First St., Santa Ana, CA 92703 Tel.: (714) 878-3739 Buddha's Birthday Festival
1. Description of Event: Buddha's Birthday Festival Celebration -Buddhist Year 2568 -2024
2. Date of Event: Saturday May 4, 2024 from 4pm to 7pm and Sunday May 5, 2024 from 8am to 9pm
3. Location:
a. Garden Grove Park between the East-West driveways and the Atlantis Playground. Saturday and Sunday as above time.
b. Atlantis Play Center: Sunday only -Meditation Retreat walk and semmar
4. Setup Time: We will start to set up on May 4, 2024
5. Special Request: (Showmobile rental and Amplified Sound)?.
6. People attended: 3,000 people at peak attendance ( estimated)
7. Experience: 6 consecutive years in Mile Square Park since 2012.
8. Contact person:
Le Huynh 1612 N. Spurgeon Street
Santa Ana, CA 92701
Mobile: (714) 878-3739
Email: [email protected]
Proposed Area Used: Following map is proposed layout for the general use. Actual layout can be modified after inputs from City.
Agenda Item - 3.b.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa Kim From: John Montanchez
Dept.: City Manager Dept.: Community Services
Subject: Consideration of a written
request from LFA to extend
the operating hours and
make an exemption to the
City's Noise Ordinance on
New Year's Eve 2023.
(Action Item)
Date: 8/22/2023
OBJECTIVE
To transmit a written request on behalf of LFA, the operator of the Garden Amp, requesting approval to extend the operating hours and make an exemption to the Noise Ordinance, Municipal Code Section 8.47.040, to extend the higher noise levels from 10:00 p.m. to 12:15 a.m. on December 31, 2023.
BACKGROUND
In 2017, the City entered into a ten (10) year facilities use agreement with LFA, as the production company of the City's Festival Amphitheater. The agreement allows LFA to operate the facility until 10:00 p.m.
DISCUSSION
Staff received a request from from LFA to host a New Year's Eve event, at the Garden Amp, on December 31, 2023 that would extend the operating hours from 10:00 p.m. to 12:15 a.m. Additionally, this request would also require the approval to make an exemption (per Garden Grove Municipal Code 8.47.070) to the hours listed in the Noise Ordinance establishing lower noise thresholds after 10:00 p.m.
FINANCIAL IMPACT
Approval of this request will not have a financial impact to the City.
RECOMMENDATION
It is recommended that the City Council:
Consider the written request from LFA to extend operating hours and make an exemption to the Noise Ordinance from 10:00 p.m. to 12:15 a.m. on December 31, 2023 at the Garden Amp.
By: Janet Pelayo
Community Services Deputy Director
ATTACHMENTS:
Description Upload Date Type File Name
Written Request from LFA 8/10/2023 Cover Memo NYE_Proposal.pdf
•
August 3, 2023
John Montanchez
Director of Parks and Recreation
City of Garden Grove
11222 Acacia Parkway
Garden Grove , CA 92840
Subject: New Year 's Eve Operating Hours Extension
Dear John,
LFA Group , LLC
1'2762 Mai n Street• Garden Grove , CA 9'281·0
Phone : !HD.1·00.1·G30 • E - MHil: vie t@ lfa.io
W eb: ga rclenmn p.com
I am writing to propose an extension of our operating hours and sound curfew for the Garden Amphitheatre on New Year's Eve to accommodate the traditional midnight countdown . New Year's Eve is a significant and widely celebrated event which presents a unique opportunity for businesses to cater to the increased demand for entertainment.
Proposal: We propose extending our operating hours and amplified sound curfew on New Year's Eve as follows:
Current Operating Hours and Amplified Sound Curfew: 10:00 pm Proposed Extended Operating Hours and Amplified Sound Curfew: 12:15 am We believe that extending our operating hours on New Year's Eve will present an opportunity to cater to our customers' needs, enhance our reputation, and boost our business. Thank you for considering this proposal. Please let me know if you have any questions or concerns. Thank you.
Viet Tran
LFA Group, LLC
Agenda Item - 4.a.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Ana Pulido
Dept.: City Manager Dept.: Community Relations
Subject: Adoption of a Proclamation
commemorating the 50th
anniversary of Sister City
Anyang, Korea. (Action
Item)
Date: 8/22/2023
Attached is a Proclamation commemorating the 50th anniversary of Sister City Anyang, Korea, recommended for adoption.
ATTACHMENTS:
Description Upload Date Type File Name
Proclamation 8/10/2023 Proclamation 8-22-
23_Anyang_50th_Anniversary.pdf
Proclamation
50th Anniversary of the City of Anyang, Republic of Korea WHEREAS, Anyang, Republic of Korea, located in the Gyeonggi Province, was granted city status in 1973. The name dates back to the year 900 when a descendent of the First Emperor of the Goryeo Dynasty built a temple and named it Anyang, a Buddhist term signifying a heavenly land where unimaginable joy and freedom overflow; and
WHEREAS, Anyang has grown to become the ninth most populated and the 20th largest city in the country. Anyang is also the largest industrial satellite of the capital of Seoul; and
WHEREAS, The City motto of Anyang is “Livable City, Proud Citizens, ” and its meaningful symbol recalls the values of peace, pureness, cohesion of its citizens, scientific development, the environment, and modernity. The City symbols are Podong-i (grape), Forsythia (flower), Ginkgo (tree), and eagle; and
WHEREAS, Anyang began a friendship with Garden Grove as sister cities in 1989.
Built on mutual respect and admiration of their respective cultures, the two cities started a student exchange program in 1991, through the Sister City Association of Garden Grove, for high school students to travel to their sister city to experience hospitality, culture, and visits to local sites; and
WHEREAS, In 2019, as part of an Anyang delegation visit to Garden Grove, both cities commemorated the 30th anniversary of the sister city relationship with the signing of a reaffirmation by Garden Grove Mayor Steve Jones and Anyang Mayor Choi Dae-ho; and
WHEREAS, In September of this year, at the request of Anyang, a delegation from Garden Grove will be traveling to Anyang to commemorate the 50 th anniversary of the City of Anyang, share administrative practices, and to promote tourism, prosperity, and cooperation between the two cities.
NOW, THEREFORE, WE, the Garden Grove City Council, do hereby proclaim the 50 th anniversary of City of Anyang, Republic of Korea. Garden Grove reveres the culture, rich history, and traditions of our sister city and is honored to receive their continued goodwill.
August 22, 2023
Agenda Item - 4.b.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: Teresa Pomeroy
Dept.: City Manager Dept.: City Clerk
Subject: Adoption of a Proclamation
declaring September as
Hunger Action Month in
Garden Grove. ( Action
Item)
Date: 8/22/2023
Attached is a Proclamation declaring the Month of September as Hunger Action Month in Garden Grove recommended for adoption.
ATTACHMENTS:
Description Upload Date Type File Name
Proclamation 8/16/2023 Proclamation 8-22-
23_Hunger_Action_Month_Proclamation_Template_(1).pdf
Proclamation
Hunger Action Month
WHEREAS, hunger and poverty are issues of vital concern in California, where
10.5 percent of Californians face food insecurity on a daily basis and one in every seven California children do not know where their next meal will come from; and WHEREAS, everyone needs nutritious food to thrive, and people are working hard to provide for themselves and their families —yet over 267,000 individuals, including over 64,000 children, here in Orange County are food insecure; and WHEREAS, the City of Garden Grove is committed to working with Abound Food Care, Orange County Food Bank, and Second Harvest Food Bank, collectively known as the Orange County Hunger Alliance by raising awareness of the need to devote more resources and attention to hunger issues; and WHEREAS, in the first half of 2023, Orange County Food Bank and Second Harvest Food Bank have collectively distributed 33,661,205 million pounds of food through its partner network of food pantries, soup kitchens, shelters, senior centers, schools, colleges, universities, and other community organizations; and WHEREAS, in the first half of 2023, Abound Food Care has recovered 307,430 pounds of food, reducing food waste and diverting that food to those who need it; and
WHEREAS, the month of September has been designated “Hunger Action Month” in order to bring attention to food insecurity in our communities and to enlist the public in the movement to end hunger by taking action – including volunteer shifts, social media shares, and donations – to ensure every community, and everybody in it, has the food they need to thrive; and
WHEREAS, food banks and other organizations across the country, including the members of the Orange County Hunger Alliance will host numerous events throughout the month of September to bring awareness and help end food insecurity in our local community;
NOW, THEREFORE, WE, the Garden Grove City Council do hereby recognize September 2023 as HUNGER ACTION MONTH in Garden Grove, and call this observance to the attention of our citizens.
August 22, 2023
Agenda Item - 4.c.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Adoption of a Proclamation
recognizing October 19,
2023, as Arbor Day in the
Garden Grove. ( Action
Item)
Date: 8/22/2023
OBJECTIVE
For City Council to adopt a proclamation recognizing Thursday, October 19, 2023, as Arbor Day in the City of Garden Grove.
BACKGROUND
For almost 17 years, the City of Garden Grove had earned the status of “Tree City USA” from the National Arbor Day Foundation. The City would like to resume its status through submittal of a new application, which is estimated to be due by December 31, 2023.
DISCUSSION
The Tree City USA application requires cities to generally comply with four (4) standards. These include: (1) a City-staffed tree maintenance section, (2) a tree ordinance, (3) an annual budget of at least $2 per capita, and (4) Arbor Day Observance and Proclamation.
The Tree Maintenance Section in the Public Works Department is in compliance with all standards outlined above, except for a formal proclamation. Therefore, staff is requesting this final step in order to submit an application. Additionally, the Trees Section will do a small tree planting on October 19, 2023, to commemorate Arbor Day. The location and other details will be shared with City Council at a later date.
FINANCIAL IMPACT
Adopting the proclamation does not have any financial impact. Funding for the Public Works Department Tree Maintenance Division is included in the adopted fiscal years 2023 to 2025 budget. No additional appropriation is necessary to meet the Tree City USA requirements.
RECOMMENDATION
It is recommended that the City Council:
Proclaim October 19, 2023, as Arbor Day in the City of Garden Grove.
By: Ana V. Neal, Principal Administrative Analyst
ATTACHMENTS:
Description Upload Date Type File Name
Arbor Day Proclamation 8/8/2023 Proclamation Arbor_Day_Proclamation.pdf
•
OFFICIAL PROCLAMATION
WHEREAS in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees, and
WHEREAS this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and
WHEREAS Arbor Day is no w observed throughout the nation and the world, and
WHEREAS trees can be a solutio n to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife, and
WHEREAS
trees are a r enewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS trees in our city incr ease property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS trees — where ver they are planted — are a source of joy and spiritual renewal.
NOW , THEREFORE, I, , Mayor of the City of
, do hereby proclaim
as ARBOR DAY
In the City of , and I urge all citizens
to celebrate Arbor Da y and to support efforts to protect our trees and woodlands, and
FURTHER, I urge all citiz ens to plant trees to gladden the heart and promote the well-being of this and future generations.
DA TED THIS day of ,
Mayor
TREE CITY USX
An Arbor Day Foundation Program
*** ***
@Arbor Day Foundation®
Agenda Item - 4.d.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Consideration and Approval
to submit a letter in response
to the Grand Jury Report,
"Historic Rain, Yet Drought
Remains." (Action Item)
Date: 8/22/2023
OBJECTIVE
The purpose of this report is for the City Council to consider and approve the attached response to the 2022-2023 Grand Jury Report, “Historic Rain, Yet Drought Remains”, and authorize submittal to the Orange County Superior Court presiding judge.
BACKGROUND
On June 5, 2023, the Orange County Grand Jury released its 2022-2023 Grand Jury Report, “Historic Rain, Yet Drought Remains” (see Attachment 1). The purpose of the report was to study how the climate changes will affect long-term water supplies and reliability. The report explores the potential challenges if the U.S. Department of the Interior decide to impose water use restrictions on the Colorado River. The report recommends the County of Orange take a leadership role in planning for an emergency moratorium plan to address these anticipated water restrictions. The report recommended expediting a new source of water for desalination and streamlining the permitting processes, along with enhancing public education for water conservation if desalination does not take place in the near future.
Based on its investigation, the Orange County Grand Jury arrived at twelve (12) findings and four (4) recommendations. In compliance with Penal Code 933.05 (a) and (b), the City is recommended to provide a response to the findings and recommendations directed to the City Council by September 5, 2023.
DISCUSSION
The City has responded to the findings and recommendations of the Grand Jury Report (see Attachment 2). In summary, the City agrees with six (6) of the findings (F2, F4, F7 F8, F10, F11), agrees partially with two (2) of the findings (F3, F12) and disagrees with four (4) of the findings (F1, F5, F6, F9). In response to the
recommendations, The City will not be implementing R2 on the recommendation for expediting a new source of water for desalination due to the City’s existing, sufficient water portfolio. The City partially supports the recommendation R3 for the need to prepare an emergency moratorium plan to address the anticipated water restrictions from the Colorado River. The City opts to forgo the County of Orange’s involvement for this type of plan and have this plan be developed by existing water suppliers, Orange County Water District and the Municipal Water District of Orange, who possess the expert technical knowledge of water supply reliability. The City is fully committed to implementing R4 on the recommendation for developing public outreach plans to inform the public of lifestyle changes needed for water conservation to help sustain long term water supplies.
FINANCIAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council:
Approve the attached response and authorize submittal to the Orange County Grand Jury.
By: Samuel Kim, P.E.
Deputy Public Works Director/Water Services Manager
ATTACHMENTS:
Description Upload Date Type File Name
Attachment 1:
2022- 2023
Orange County
Grand Jury
Report on
Drought
8/9/2023 Backup
Material Orange_County_Grand_Jury_(2)_Letter_Received_June_2023.pdf Attachment 2:
Response to
Grand Jury
Report
8/9/2023 Letter GG_Grand_Jury_Response_Letter_FINAL_2023.pdf
•
June 5, 2023
Steven R. Jones, Mayor
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Dear Mr. Jones:
ORANGE COUNTY GRAND JURY
700 CIVIC CENTER DRIVE WEST • SANTA ANA, CALIFORNIA 92701 • 714/834-3320 www.ocgrandjury.org • FAX 714/834-5555
Enclosed is a copy of the 2022-2023 Orange County Grand Jury report, Historic Rain, Yet Drought Remains. Pursuant to Penal Code 933.0S(f), a copy of the repmi 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 Comi, 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 9, 2023, in compliance with Penal Code 933, copy enclosed. The due date then is September 5, 2023.
Should additional time for responding to this report be necessary for fmiher analysis, Penal Code 933.05(b)(3) pe1mits 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 9, 2023. Upon public release, the report will be available on the Grand Jury website at www.ocgrandjury.org.
JVS:jm
Enclosures: Grand Jury Report
Penal Code 933, 933.05
Cc: Lisa Kim, City Manager
·ragusa, Foreperson
2-2023 ORANGE COUNTY GRAND JURY
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 COMMENDATIO_NS ·····••-····· .. ·· ...................................................................................... 24 FINDINGS ..................................................................................................................... 24 RECOMMENDATIONS ................................................................................................. 25 REQUIRED RESPONSES ............................................................................................ 26 REQUESTED RESP.ONSES ......................................................................................... 27 GLOS.SARY ................................................................................................................... 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 I 2023 Page 2 of 57
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 I 2023 Page 3 of 57
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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 reports 1 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 waterfor 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 I 2023 Page 4 of 57
State
Water
Project
Entitlement
(1972)
Local Sup
Groundwater & Rec
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HISTORIC RAIN, YET DROUGHT REMAINS
50°/o Import
Transfers & Storage
Local Supplies
LA Aqueduct (1913)
Colorado River
Aqueduct (1941
Conservation
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 I 2023 Page 5 of 57
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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 I 2023 Page 6 of 57
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■ 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 curie'
is a prolo11fi"
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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 of 57
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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.
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 I 2023 Page 8 of 57
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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 I 2023 Page 9 of 57
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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 thatthe 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.
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 I 2023 Page 10 of 57
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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 notbef"
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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 202212023 Page 11 of 57
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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 llie 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 I 2023 Page 12 of 57
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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.
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ORANGE COUNTY GRAND JURY 2022 I 2023
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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 I 2023 Page 14 of 57
No new reservoir. 'S.·.('1i.;tz~f;
population lf~i
California
HISTORIC RAIN, YET DROUGHT REMAINS
>ince 1970 when the
J() million, yet
.. st doubled to 39
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 I 2023 Page 15 of 57
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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 ofvitater 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 arid 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 I 2023 Page 16 of 57
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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 Counfy~li?Rf'
water projects·thattr~~),
not overly.burq,
Actions to Secure and Strengthen Supply
:;~~ding strategy for
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gqme groups.
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 I 2023 Page 17 of 57
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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 significantand 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 I 2023 Page 18 of 57
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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•Jit,
develop a water"/
ORANGE COUNTY GRAND JURY 20221 2023
Qjlead the efforts to
g~ the reliability of
HISTORIC RAIN, YET DROUGHT REMAINS
Public Awareness of the Need for Action
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.
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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.
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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 oflfffE!r would
result in a mor.a. to .. r. ium on. de,v~lqfi."·'~···.;:.~\:i·,· •• >">, ' ,,/ <•,, , "", "<>:,/'\,'
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 I 2023 Page 22 of 57
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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 for½ cent per gallon, or $1600 per AF, in large part due to its high volume.1.5 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 Stadium 17 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 nperate. Orange County should embrace desalination as _ a_major part of an overall local plan, not just a last resort.
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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.
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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.
F 10 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:
R 1 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
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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
Supervisors
Municipal Water District of
Orange County
Orange County Water District
Irvine Ranch Water District
Moulton Niguel Water District
Santa Margarita Water District
South Coast Water District
F1, F2, F3, F4,F5, F6, F7,F8, F9, F10, F11,F12
F1, F2, F3, F4, F5,F6, F7, F8,F9, F10, F11,F12
F1, F2, F3,F4, F5, F6, F7, F8, F9, F10, F11,F12
F1, F2, F3, F4,F5, F6, F7, F8, F9, F10, F11,F12
F1, F2, F3, F4, F5, F6, F7,F8, F9, F10, F11,F12
F1, F2, F3, F4, F5,F6, F7,F8, F9, F10, F11,F12
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
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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, F?, F8, F9, F10, F11, F12 District
El Toro Water District F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 Ci~ofAnaheim F1, F2, F3, F4, F5,F6, F?, F8,F9, F10, F11,F12 City of Santa Ana F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 City of Fullerton F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 Emerald Bay Service District F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 Golden State Water Company F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 Laguna Beach County Water F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 District
Mesa Water District F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 Serrano Water District F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 Trabuco Canyon Water District F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 Yorba Linda Water District F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 City of Sah Juan Capistrano F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 City of San Clemente F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 City of Tustin F1, F2, F3, F4,F5, F6, F?, F8,F9, F10, F11,F12 City of Fountain Valley F1, F2, F3, F4, F5, F6, F?, F8, F9, F10, F11, F12 ORANGE COUNTY GRAND JURY 2022 I 2023 Page 27 of 57
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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
District
El Toro Water District
City of Anaheim
City of Santa Ana
City of Fullerton
R2,R3,R4
R2,R3,R4
R2,R3,R4
R2,R3,R4
R2,R3,R4
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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
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Recommendations -90 Day Response Requested
Metropolitan Water District of
Southern California
R2,R3,R4
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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.
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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.
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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.
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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 I 2023 Page 34 of 57
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• 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
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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 I 2023 Page 36 of 57
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 Regiorial 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 I 2023 Page 37 of 57
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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
Riverside
6,000
Elsinore
4,500 /
Conjunctive use is a
catchphrase for
coordinated use of surface
water and groundwater.
The state considers water
banking a "conjunctive
use" and
encourages such uses.19
On a statewide level,
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 I 2023 Page 38 of 57
SARCCUP Facilities
take several years.
A more controversial banking program is
the Cadiz project. The Cadiz Water
Project is a water supply project to
manage the groundwater basin underlying
a portion of the Cadiz and Fenner Valleys
in California's Mojave Desert. At least one
water agency in Orange County has
considered this program as a potential
source of water to meet their needs. The
program has been promoted since 1997
HISTORIC RAIN, YET DROUGHT REMAINS
The largest water banking project
underway that affects Orange
County is the Santa Ana River
Conservation and Conjunctive
Use Program (SARCCUP). It is a
regional program that involves
several agencies in Orange
County, Riverside County, and
San Bernardino County. While a
logical program to undertake,
there are technical and
distribution issues that must be
worked out and these items may
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 I 2023 Page 39 of 57
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 bo.ught 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 leade(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 potE3ntially 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 I 2023 Page 40 of 57
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 implementand 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. -Jnterviewees have_ noted thatOCWD 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 I 2023 Page 41 of 57
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
Bernardino and
Riverside Counties as
well as Orange County.
The Santa Ana
Watershed Project
Authority (SAWPA)
works to maintain the
water quality in the
Santa Ana River and is
actively working on
drought responses.
+ According to its web
-·~---· ____ P.'.' • 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 I 2023 Page 42 of 57
HISTORIC RAIN, YET DROUGHT REMAINS
Weather modification
and promoting water
efficiency are the
primary drought
responses of SAWP.
Through weather
modification (cloud
seeding) it hopes to
achieve 5% more
precipitation in
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 I 2023 Page 43 of 57
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 I 2023 Page 44 of 57
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)
MILES LONG
The Colorado River is an essential
water supply for Orange County.
The CRA transports water 242
miles west from Lake Havasu on
the California/Arizona border to
Lake Mathews in Riverside County.
Owned and operated by MWD, the
CRA began delivering water to
southern California iil 1941 and
was the largest public works
project in southern California
during the Great Depression.
Five pumping plants push water
through the aqueduct and up over
1,617 feet of mountainous terrain.
ORANGE COUNTY GRAND JURY 2022 I 2023
DIAMOND VALLEY LAKE (DVL)
MONTHS OF EMERGENCY SUPPLY
Located in Riverside County, near Hemet, DVL is Southern California's largest drinking water reservoir. DVL nearly doubles Southern California's surface storage and provides six months of emergency water supplies for the region, protecting it against water shortages caused by drought and earthquakes.
DVL measures 4.5 miles long and over 2 miles wide, with a maximum depth of 285 feet. The lake holds up to 264 billion gallons of water and is home to one of 16 hydroelectric plants along the MWD distribution system.
STATE WATER PROJECT (SWP)
MILES LONG
The State Water Project (SWP) is a
water storage and delivery system
that facilitates the transfer of water
from the lakes and rivers of
Northern California to residential
communities, agricultural districts,
and businesses in the San
Francisco Bay area, Central Valley,
and Southern California.
The SWP is the largest state built
water delivery and power generation
system in the nation, consisting of
more than 30 lakes and reservoirs,
over 20 water pumping plants, 5
hydroelectric power plants, several
dams, and over 700 hundred miles
of canals and pipelines.
WATER RECLAMATION
HISTORIC RAIN, YET DROUGHT REMAINS
r111!1:1rk,n
! tu-~ ,, Anaheim
F11unta111
'/.:ilk>y
(.H.JllQE:
Santa Ana
Coron.1
Wastewater has become
an important source of
water for California.
Wastewater is processed
at a water reclamation
facility to remove solids
and impurities, increasing
the quality of water. The
water, now clean, can be
used for a variety of
applications.
nt1111Jk,11
Bi::~1ch lrvtne
Reclaimed water is used
for irrigation, toilet
flushing, industrial
purposes, and
groundwater
replenishment.
DIEMER WATER TREATMENT PLANT
The Robert B. Diemer Treatment Plant (Diemer) is located in Yorba Linda. The plant's hilltop location is well suited for gravity-flow distribution of water to homes and businesses throughout Los Angeles·anct Orange counties. Most water brought to Diemer for treatment comes from the Colorado River vla the 242-m!le long Colorado River Aqueduct. To a lesser degree, the plant also receives water from Northern California through the State Water Project.
Diemer delivers up to u,,, u,n, of clean drinking
water a day to Oranqe and Los Anqeles counties.
ORANGE COUNTY GRAND JURY 2022 I 2023
fl~N.,port
[%.uh
Planned Storm
Water
LJ<JIK'1
tl~~ud
Capture (Dots) :;,.,n •:~,ni",.,,
Three Study Regions In Orange County
Based on Mix of Local and Imported Water Sources
L_ OrarigeCCUlt/W3terrn&:tnct(2015)
I D,ea/lJI ltabnl
L Souh Oranue C<uib
HISTORIC RAIN, YET DROUGHT REMAINS
Local Groundwater
eas;n & R.,cy<:led
Water fOt' Irrigation
~," 2.5 Million
Water Users
~';~'<~~~~,#_,,>MA' ¢ff5½Ji -•sf4, rJ!li U!:!l~
~~ ~~ ,~,.,,~--.. , ... ~,
600,000 Water Users
HISTORIC RAIN, YET DROUGHT REMAINS
BIBLIOGRAPHY
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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 I 2023 Page 48 of 57
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
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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
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ORANGE COUNTY GRAND JURY 2022 I 2023 Page 49 of 57
HISTORIC RAIN, YET DROUGHT REMAINS
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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 I 2023 Page 50 of 57
HISTORIC RAIN, YET DROUGHT REMAINS
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ORANGE COUNTY GRAND JURY 2022 I 2023 Page 51 of 57
HISTORIC RAIN, YET DROUGHT REMAINS
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ORANGE COUNTY GRAND JURY 2022 I 2023 Page 52 of 57
HISTORIC RAIN, YET DROUGHT REMAINS
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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 Nifio and La Nifia events, Popular Science, November 18, 2022
Liar Novik, There will be no water shortage in Israel, Jerusalem Post, May 5, 2023 Loren Sommer, EmilyKwong, 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 scmting, 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 I 2023 Page 53 of 57
HISTORIC RAIN, YET DROUGHT REMAINS
Paul Cook, 1 billion gallons ofrainwater 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 newl.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 fanners 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 I 2023 Page 54 of 57
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, Februaty 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 I 2023 Page 55 of 57
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
6Natural Resources Bond Accountability Web Page Proposition One (ca.gov) 7 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 I 2023 Page 56 of 57
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 AdvisorV Committee of Orange County Water Supply Report Dated March 3, 2023 _ 3! 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 I 2023 Page 57 of 57
California Penal Code Sections §933 and §933.05
(Note: To reduce grand jury requests for additional response information, the grand Jury has bolcled 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 coutt a final repo1t of its findings and recommendations that pe1tain to county government matters during the fiscal or calendar year. Final repotts on any appropriate subject may be submitted to the presiding judge of the superior coutt at any time during the tenn 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, \Vhen 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 fin.al r~p_o1t, together with the responses thereto, found to be in compliance with this title shall be placed on file with the cletk of the coutt and remain on file in the office of the clerk. The clerk shall immediately forward a true copy of the repo1t _and the responses to the State Archivist who shall retain that repott and all responses in perpetuity.
( c) No later than 9Q days afterthe grand jury submits a final repott 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 pe1taining 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 recomme11dations 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 repo1ts shall fotthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury repotts shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor • when applicable, ai1d shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final repott by, and in the control of the ct11Tently 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 (h) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(I) 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 _hi1.s 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 depattment 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 juty addresses budgetary or personnel matters of a county agency or department headed_ by an elected offk_er, both the agency or department head and the board of supervisors _ shall respond ifrequest.ed 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 t_he elected agency __ or department _be_ad _s_hall address ali aspects of the findings or recommendations affecting his or her agency or depa1tment. •
( d) A grand jury may request.a.:Subjectpersbn or entity to come before the grand jury for the purpose of reading and discussing th~ findLngs 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 cou1t, either on its own determination or upon request of the foreperson of the grand jrny, determines that such a meeting would be detrimental.
(f) A grand jury shall provide to the affected agency a copy of the po1tion of the grand jury repott 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. •
August 22, 2023
The Honorable Maria Hernandez
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
RE: Response to the 2022-23 Orange County Grand Jury Report re Historic Rain, Yet Drought Remains
Dear Judge
Hernandez,
In accordance with Penal Code 933.05(a) and (b), the City of Gard en Grove submits the following response to the report, findings, and recommendations of the 2022-23 Orange County Grand Jury Report entitled, “Historic Rain, Yet Drought Remains”.
FINDINGS
F1. Future water supplies are impacted by climate change and current supplies will not meet future demands.
Response: The City of Garden Grove disagrees with the above finding. The City of Garden Grove is actively committed to water resour ce planning through partnerships with the Municipal Water District of Orange County and the Orange County Water District. The City of Garden Grove’s water portfolio is comprised of approximately 70-80% groundwater supplies and 20-30% imported water. Therefore, this pl aces the City of Garden Grove in a better position for water supply reliability for facing climate change with its lessened dependence on import supplies from the Colorado River and Northern California Water Project. At this point in time, the Orange County Water District has a well-managed supply of groundwater to meet future demands.
F2. Climatologists predict future extended periods of low moisture with occasional wet years.
Response: The City of Garden Grove agrees with the above finding. The City of Garden Grove relies on climate predictions from the Oran ge County Water District and Municipal Water District of Orange County.
F3. Climate change is inevitable and is exacerbated by human behavior.
Response: The City of Garden Grove partially agrees with the above finding. The City of Garden Grove agrees climate change is a long-term shift in global or regional climate patterns.
GARDEN GROVE
CITY OF GARDEN GROVE
OFFICE OF PUBLIC WORKS
Steve Jones
Mayor
George S. Brietigam
Mayor Pro Tern - District 1
John R. O'Neill
Council Member - District 2
Cindy Ngoc Tran
Council Member - District 3
Joe DoVinh
Council Member - District 4
Stephan ie Klopfenstein
Council Member - District 5
Kim Bernic e Nguyen
Council Member - District 6
11222 Acacia Parkway • P.O.Box 3070 • Garden Grove, CA 92842 ggcity.org
Honorable Maria Hernandez
August 22, 2023
The City of Garden Grove does not have ex p e r t i s e t o c o m m e n t o n t h e i m p a c t o f h u m a n behavior on the climate.
F4. South Orange County relies primarily on the importation of water.
Response: The City of Garden Grove agrees with the above finding.
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.
Response: The City of Garden Grove does not ag ree with the above finding. At this point in time, the City of Garden Grove’s existing water portfolio is sufficient for addressing the long- term forecast of drought and its effects on supply.
F6. There is significant water infrastructure planning, but inadequate implementation.
Response: The City of Garden Grove does not agree with the above fi nding. The Municipal Water District of Orange County and the Or ange County Water District has implemented numerous projects to improve on long-term water supply reliability.
F7. The review and approval process for major water capital projects is cumbersome and overly restrictive.
Response: The City of Garden Grove agrees with the above finding.
F8. Failing to find solutions to water shor tages will have significant impact on the Orange County economy.
Response: The City of Garden Grove agrees with the above finding.
F9. Continued development in Orange Co unty creates additional water supply needs.
Response: The City of Garden Grove does not agree with the above finding. Since 1997, total water demands within the City of Garden Grove have declined by 36% while the population has increased by over 18,400 people.
F10. Conservation and efficient use of water is essential.
Response: The City of Garden Grove agrees with the above finding.
F11. Increased outreach and public education are necessary.
Response: The City of Garden Grove agrees with the above finding.
F12. Desalination has proven to be technologically and environmentally feasible and is slowly being embraced as a drought-resistant source of water.
Honorable Maria Hernandez
August 22, 2023
Response: The City of Garden Grove partially agrees with the above finding. The City of Garden Grove agrees that desalin ation is a drought-resistant so urce of water. The City of Garden Grove does not have expertise to co mment on the technological and environmental feasibility of desalination.
RECOMMENDATIONS
R2. Orange County water agencies should expedite the planning, development, and construction of desalination plants ov e r t h e n e x t f i v e y e a r s t o i n s u r e a sustainable and reliable drought-resistant source of water. (F1, F2, F3, F4, F5, F6, F7, F8, F9, F11, F12)
Response: The City of Garden Grove does not agree with the above fi nding. The City of Garden Grove’s existing water portfolio are sufficient sources for addr essing the long-term forecast of drought and its effects on supply.
R3. The County of Orange and all Orange County cities should formulate an emergency development moratorium plan for anticipation of the Colorado River water supply being constrained. The emergency moratorium plan should be developed by the end of the calendar year 2023. (F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12)
Response: The City of Garden grove partially supports this recommendation with the intent to develop an emergency morato rium plan for anti cipation of the Colorado River water supply being constrained. The County of Orange does not have the technical knowledge and expertise to develop an
emergency moratorium plan for water supply reliability. The Municipal Water District of Orange County and Orange County Water District are better suited to serve as the lead planners on behalf of all the Orange County cities to develop this type of plan.
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)
Response: The recommendation is being impl emented. The State has adopted Water Use Objective regulations to Make Conservation a California Way of Life, which has prompted cities to develop public outreach plans to inform the public of lifestyle changes.
Respectfully Submitted,
Steven R. Jones
Mayor of Garden Grove
Agenda Item - 4.e.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Lisa Kim From: Amir El-Farra
Dept.: City Manager Dept.: Police Chief
Subject: Consideration and approval
to submit a response to the
Grand Jury Report, School
Shooting: "How Prepared are
Orange County Public
Schools"? (Action Item)
Date: 8/22/2023
OBJECTIVE
The purpose of this report is for the City Council to consider and approve the attached response to the 2022-2023 Grand Jury Report, School Shooting: How Prepared are Orange County Public Schools? and authorize submittal to the Orange County Grand Jury.
BACKGROUND
On June 9, 2023 the Orange County Grand Jury released its 2022-2023 Grand Jury Report, School Shooting: How Prepared are Orange County Public Schools? The need for the report was due to school shootings being dominate in the news and cause of concern among students, faculty, staff and parents. The Orange County Grand Jury used their previous report from 2017-2018 titled “Safer Schools-W hat Can We Do?” as a segue for the current 2022-2023 report on school safety.
The 2017-2018 report covered additional funding, lack of school perimeter fencing, two way radio communication with staff, single point check in systems and security checks at each school site.
The Grand Jury study was undertaken to determine whether schools in Orange County were being adequately equipped with more modern equipment to secure their locations.
In compliance with Penal Code 933.05 (a) and (b), the City is required to provide a response to each of the findings and recommendations directed to the City Council by September 18, 2023.
Specifically, the City is to respond to two of the report findings (F1 and F8) and four recommendations (R1, R3, R4, and R12).
DISCUSSION
Schools within Orange County must be prepared and vigilant to do all that can be done to prevent another tragedy from happening.
School safety is a responsibility that we all share. It is impossible to predict and prevent all
violence on campus but schools are expected to provide a reasonable safe environment for both the students and staff. However, having a good open working relationship with school administrators alleviates a vast majority of the threat from within the school district itself. No one can predict when an outside entity will strike.
Based on its investigation entitled “School Shooting: How Prepared are Orange County Public Schools?” the 2022-2023 Orange County Grand Jury arrived at twelve principal findings that included items such as written MOU’s between school districts and police, modernization of school sites, annual intruder drills, SRO’s committed to schools, surveillance system upgrades and active shooter drills.
The Grand Jury report also outlined thirteen recommendations.
The Grand Jury recommended that:
1. 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.
2. All Orange County School Districts should establish a threat identification and assessment system for all school sites to monitor social media, screen messages of concern, and manage information received in coordination with local law enforcement using MOU’s.
3. 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.
4. Each Orange County School District should work with local law enforcement to plan and conduct a district-wide active shooter drill by July 1, 2023 and at least every other year thereafter.
5. 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 2023-2024 school year and provided annually thereafter.
6. 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.
7. 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 AI to enhance threat detection and prevention.
8. All Orange County School Districts should review entry procedures on all campuses with an eye toward the use of perimeter fencing, the single point entry, and the use of a buzzer and camera system for entry into the main/administrative officers.
9. Each Orange County School Districts 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.
10. 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 beginning of the 2024- 2025 school year.
11. All Orange County School Districts should develop a plan to implement or enhance mental health counseling for all schools by December 31, 2024.
12. Each Orange County School Districts should assess the need for SRO’s or additional SRO’s,
reaching out to facilitate funding by July 1, 2024.
13. All Orange County School Districts should investigate and consider bullet resistant or tinted film for school windows by December 31, 2023.
The Police Departm ent’s response states that the departm ent agrees with the thirteen findings and has com pleted all of the requested recom m endations.
FINANCIAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council:
Approve the attached response and authorize submittal to the Orange County Grand Jury.
By: Jon Wainwright, Sergeant
Attachment 1: Response to Grand Jury Report
Attachment 2: Grand Jury Report
ATTACHMENTS:
Description Upload Date Type File Name
OC Grand Jury
Report 8/15/2023 Backup
Material Orange_County_Grand_Jury_060923.pdf
Response to OC
Grand Jury 8/15/2023 Backup
Material Response_to_OC_Grand_Jury_Report_on_School_Schootins.docx
•
June 9, 2023
Steve Jones, Mayor
City of Gaden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Dear Mayor Jones:
ORANGE COUNTY GRAND JURY
700 CIVIC CENTER DRIVE WEST • SANTA ANA, CALIFORNIA 92701 • 714/834-3320 www.ocgrandjury.org • FAX 714/834-5555
Enclosed is a copy of the 2022-2023 Orange County Grand Jury report, School Shooting: How Prepared are Orange County Public Schools? Pursuant to Penal Code 933.05(f), a copy of the repo1t 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 rep01t prior to the public release of the final report." (Emphasis added.) It is required that you provide a response to each of the findings and recommendations of this repott directed to your office in compliance with Penal Code 933.05(a) and (b), copy is enclosed.
Please distribute this repo1t 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 repo1ts should continue until all recommendations are implemented.
Please mail the response to the recommendations to Maria Hernandez, Presiding Judge of the Superior Coutt, 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 14, 2023, in compliance with Penal Code 933, copy enclosed. The due date then is September 18, 2023.
Should additional time for responding to this repo1t be necessary for fu1ther analysis, Penal Code 933.05(6)(3) petmits 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(6 )(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 14, 2023. Upon public release, the rep01t will be available on the Grand Jury website at www.ocgrandjury.org.
JVS:jm
Enclosures: Grand Jury Rep01t
Penal Code 933, 933.05
Cc: Cisa Kim. City Manager
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/TintedWindows ......................................................................... 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 APP.END JC ES ................................................................................................................ 43 .... Appendix.A .............................. -: ................................................................................. 43 ... Appendix.B ............................... .-................................................................................... 44 . ___ ------··------~--Appendix C .................................................................................................................... 46 Appendix D ............................. : .................................................................................. 51 Appendix E ................................................................................................................ 54 ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 2 OF 59
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 (SR Os)
• 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.
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8 school shootings in
the United States
since 2009
BACKGROUND
■112411
~1~
~ 111.s!!
Canada 2
France 2
Germany 1
Japan 0
Italy 0
UK 0
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 Jurydecided 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 isfencing, 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, includingparents,. 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.
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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 20.17-18responses, 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 I 2023 PAGE 5 OF 59
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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.
·'fhe· 2022a.·2023 Grand Jury;-based on its investigation, believes that Orange County pu.blic 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 I 2023 PAGE 6 OF 59
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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
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• 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 takeri 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 studentsh;~\f£J .. experienced gun violence at school since Columbine throughI3.g§§9ho9/5hootings since 1999." (Washiiigton;Post 4/17/23) -' '. ,; ."', -"::;.~;.. "·. ' ... ,,,, •·· .,.· ' - History shows us that tJvalde was not the first mass shooting in a school, and law enforcementofficialsJell usthatitwill 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 coordinationwith 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 I 2023 PAGE 8 OF 59
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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 (COE) 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 COE 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' forCDE'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 Deparlment got a message from a studentat the high school where he works. The student forwarded an lnstagram 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 carlridge 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 I 2023 PAGE 9 OF 59
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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 sheriff's 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 authorityto 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~WeekResearch 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 onrihild 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 Sheriff's 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 SR Os. There has been a large increase in the number of law enforcement agencies that employ SR Os 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 I 2023 PAGE 10 OF 59
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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 Sheriff's 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 numb_er 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 I 2023 PAGE 11 OF 59
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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 sheriff's 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 I 2023 PAGE 12 OF 59
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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 staff's 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 Setvice 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 SR Os 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 schoolsafety plans to ensure that before and after school programs are integrated into active shooter protocols and procedures.
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rv1onitoring 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.
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 sec□rity 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.
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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~Grnnd Jury recommends to all school districts that as funding becomes available forschool 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 Countyis 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 I 2023 PAGE 15 OF 59
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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.
School Active Shooter Training
The Orange County Sheriff's Department, in collaboration with city police departments, conducts Active Shooter Training exercises for first responders, which include School ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 16 OF 59
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Resource Officers, Sheriffs 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 Sheriffs 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 doesJustthat" (OCSD)
_ Officers on the scene were armed with rifles, handguns, and smoke grenades. They were also equf pped 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 Sheriff's Department's Assess, Prepare and Train (APT) program.
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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 Sheriff's 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, similardrills 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 Sheriff's Department School Resource Officer Program, along with a designated Orange County school, sponsors active shooter tabletop exercises for ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 18 OF 59
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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 ofthe 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.
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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 arid 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 arid 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 thatpractically 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~irst responder arriving, leading to saved lives in the beginning. Most law enforcement ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 20 OF 59
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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 r.egistriesJnall 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 schoolto 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.
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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 Sheriff's 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 thatreported 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 Sheriff's 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. • • TherGrand 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 I 2023 PAGE 22 OF 59
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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 OHS 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 ithas·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.
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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.
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:
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• 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
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.
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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 notspeak 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 oddSofyci4f :~iJ}f{f's'sChoolbeing in a
shooting in their"Jifetiflilf£s/in 62.51 or 1.6%"
(Web Site-Oonova,i"ari}:f PsychLaw :Journal)
~ <--,,'::;•, /':~>.s·,f''>"t: \·
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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 FBl'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 Schoof Violence. Among the key findings from the report were:
• There is no profi)e 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
• Mostattackers 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 furthernoted 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 I 2023 PAGE 27 OF 59
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"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 alre€1dY ,: 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 familiaractivities, 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 I 2023 PAGE 28 OF 59
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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 Sheriffs 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 rnalfunctioned:~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 arid 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 studentreported 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 I 2023 PAGE 29 OF 59
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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.
·~ 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.
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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.
FS 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.
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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 OrangffCounty 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 I 2023 PAGE 32 OF 59
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) R 11 All Orange County school districts should develop a plan to implement or enhance mental health counseling for all schools by December 31, 2024. (F7) R 12 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)
R 13 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 I 2023 PAGE 33 OF 59
SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS '
RE UIRED 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·dtscussion 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 I 2023 PAGE 34OF 59
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
Anaheim UHSD
Brea:..O1inda Unified
Buena·Park Elementary
Cap·istrano Unified
Centralia Elementary
Cypress Elementary
Fouritain Valley
Fullerton Elementary
Fullerton Joint UHSD
Garden Grove Unified·
Huntington Beach City
Huntington Beach UHSD
Irvine Unified
Laguna Beach Unified
La Habra City
Los Alamitos Unified
Lowell Joint Elementary
Magnolia School
Newport-Mesa Unified •
Oceafl View Elementary
Orange Unified
Placentia-Yorba Linda
Saddleback Unified
-• Santa Ana Unified
• ... •• ... Savanna School -•
--~ Tustin Unified
. ~ = Westmin·ster Ele·mentary
City of Anaheim
City of Costa Mesa
City of Fountain Valley
City of Fullerton
City of Garden Grove
City of Huntington Beach
City of Irvine
City of Los Alamitos
City of Newport Beach
City of Orange
O.C. Sheriff's Department
F1, F2, F3, F4, F5, F6,F7,F8, F9, F10, F11,F12
F1, F2, F3, F4, F5, F6,F7,F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6,F7,F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6,F7,F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6,F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6,F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6,F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6, F7,F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6,F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6,F7,F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6,F7,F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6,F7,F8, F9, F10,F11, F12
F1, F2, F3, F4, F5, F6,F7, F8, F9, F10,F11,F12
F1, F2, F3, F4, F5, F6,F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6,F7, F8, F9, F10, F11,F12
F1, F2, F3,F4, F5, F6,F7, F8, F9, F10, F11, F12
F1, F2, F3,F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3,F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3,F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3,F4, F5,F6, F7, F8, F9, F10, F11, F12
F1, F2, F3,F4, F5, F6, F7, F8, F9,F10, F11, F12
F1, F2, F3,F4, F5, F6, F7, F8, F9, F10, F11,F12
F1, F2, F3, F4, F5, F6, F7,F8, F9, F10,F11,F12
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10,F11, F12
F1, F2, F3, F4, F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F4,F5, F6, F7, F8, F9, F10, F11, F12
F1, F2, F3, F4, F5, F6, F7, F8,F9, F10, F11, F12
F1, F8
F1, F8
F1, F8
F1, F8
F1, F8
F1, F8
F1, F8
F1, F8
F1, F8
F1, F8
F1, F8
Fl
ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 35 OF 59
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Recommendations -90 Day Response Required
Anaheim Elementary R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Anaheim UHSD R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R1·3 Brea-Olinda Unified R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Buena Park Elementary R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Capistrano Unified R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Centralia Elementary R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Cypress Elementary R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Fountain Valley R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Fullerton Elementary R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Fullerton Joint UHSD R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 -Gafaen-Grove Unified R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Huntington Beach City R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Huntington Beach UHSD R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Irvine Unified R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Laguna Beach Unified R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 La Habra City R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Los Alamitos Unified R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Lowell Joint Elementary R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Magnolia Elementary R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Newport-Mesa Unified R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Ocean View Elementary R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Orange Unified R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Placentia-Yorba Linda R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Saddleback Unified R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Santa Ana Unified R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Savanna Elementary R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 Tustin Unified • -R1, R2, R3, R4, R5, R6, R7, RB, R9, R10, R11, R12, R13 WestminsterElementary R1, R2, R3, R4, R5, R6, R7, RB, 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 R 1, R3, R4, R12
O.C. Sheriff's Department R1, R3, R4, R12
ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 36 OF 59
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 ofJusticetoprovideJunding 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 I 2023 PAGE 37 OF 59
SCHOOL SHOOTINGS: HOW PREPARED ARE QC 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
D50
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 ManagementAgency-Part of the Department of Homeland Security (OHS) 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 I 2023 PAGE 38 OF 59
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 Sheriff's 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 I 2023 PAGE 39 OF 59
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 I 2023 PAGE 40 OF 59
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 I 2023 PAGE 41 OF 59
SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS'
IIU&--------
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 (OHS) 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), Uriited 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 I 2023 PAGE 42 OF 59
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, Ml 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, Ml 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 I 2023 PAGE 43 OF 59
SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOL$
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 Plaris. You will find AB 1747 in the California Legislative Information web page.
Key provisions of California Education Code (EC) include requiring local educational agencieiHLEAs) and the California Department of Education (COE) 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 (COE) to develop and post on its website best practices for reviewing and approving school safety plans. In 2020-21 the COE 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 COE, 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 schooLcampus 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 I 2023 PAGE 44 OF 59
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 COE 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 COE website, go to:
Comprehensive School Safety Plans -Violence Prevention (CA Dept of Education) https://www.cde.ca.gov/ls/ss/vp/cssp.asp
ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 45 OF 59
SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS' , Appendix C
Orange County Sheriff's Department
School Resource Officer Program
Active Shooter Tabletop Exercise
Situation Manual
Date: Tuesday, December 6, 2022
• This Situation Manual (Si tMan) 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 I 2023 PAGE 46 OF 59
SCHOOL SHOOTINGS: HOW PREPARED ARE QC PUBLIC SCHOOLS
EXERCISE AGENDA
Time -· I
' >,
-Activi~, , ,
' " ,,
1300-1310 Welcome and Participant Briefing
1310-1335 Module One: Preparedness
1335-1400 Module Two: Incident Response
1400-1425 Module 1hree: Re-Unification
1425 -1430 De-Brief
1430 Exercise End
* All times are approximate
2 For Exercise Use Only
ORANGE COUNTY GRAND JURY 2022 I 2023 PAGE 47 OF 59
SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS
EXERCISE OVERVIEW
Exercise Date
'
•,, Sco~e .
. . "
-----
.t,t µ
;: • Co1;e ·,.
::· Capabilities·
Tb1·eator
Hazard·
' "
. Scenario
. Sponsor
School Active Shooter Tabletop Exercise
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 in the response to an Active Shooter Incident.
Prevention, Protection, and Response
• Screening, Search, and Detection
• Operational Coordination
• Interdiction and Disrnption
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 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.
Active Shooter
The scenario focuses on an active shooter affecting areas in southeastern 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
3 For Exercise Use Only
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SCHOOL SHOOTINGS: HOW PREPARED ARE OC PUBLIC SCHOOLS
GENERAL INFORMATION
Participant Roles and Responsibilities
TI1e 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 discussing 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 TI1ree: 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
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