Jug's The City of Tustin (City) G:in receipt of the Orange County Grand letter dated June i~zoog-*

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Each Orange County municipal planning agency, in cooperation with its respective water supply agency, should prepare for adoption by its city council, a dedicated Water Element to its General Plan in conjunction with a future update, not to exceed June 30, 2010. This document should include detailed implementation measures based on objective-based policies that match realistic projections of the County's future water supplies. These objectives, policies and implementation measures should address imported supply constraints, including catastrophic The Honorable Kim Dunning, Presiding Judge of the Superior Court September 1, 2009 outages and incorporate the realistic availability and timing of "new" water sources such as desalination, contaminated groundwater reclamation, and surface water recycling. Response: This recommendation will not be implemented because the City of Tustin already prepares an Urban Water Management Plan every five years. Also, MWD prepares an Urban Water Management Plan, an Integrated Resources Plan and a Water Supply Outlook. In addition, the City's adopted General Plan currently includes a Conservation/Open Space/Recreation Element that notes the constraints associated with essential natural resources (including water) and sets forth goals and policies that further the protection and maintenance of these natural resources. The City's Conservation/Open Space/Recreation Element encourages many water conservation goals and measures including protection of domestic groundwater supply, conservation, expansion of reclaimed water production and use, coordination of water quality and supply programs with responsible water agencies, and cooperation and participation in water quality and supply plan preparation and programs. Collectively, these documents already provide the information suggested in the Grand Jury's report. The proposed Water Element is not mandated by state law to be included in a City's General Plan. Current state law grants cities the discretion to choose which additional optional elements should be included in a General Plan. The Grand Jury does not have the authority to supersede state law and mandate that cities adopt an additional General Plan element. In addition, if state law were to be adopted mandating cities to adopt a Water Element as part of the General Plan, adoption by June 30, 2010 would be unrealistic. Existing state law prohibits a City from amending its General Plan more than four times a year. Past General Plan amendments would preclude many cities from meeting the proposed deadline.

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Each Orange County retail and wholesale water agency should affirm its responsibility to develop new, additional, innovative public outreach programs beyond water conservation and rationing programs, to expose the larger issues surrounding water supply constraints facing Orange County. The objective should be to connect the public with the problem. The outreach effort should entail a water emergency exercise that simulates a complete, sudden break in imported water deliveries. The exercise should be aimed directly at the public and enlist widespread public participation on a recurring basis beginning by June 30, 2010. This recommendation may be satisfied by a multi-agency exercise but the inability to coordinate such an event should not preclude the individual agency's responsibility. Response: The recommendation has already been implemented by the City which addresses both public outreach and emergency planning. From a public outreach standpoint, the City and water industry communications systems already in place provide sufficient opportunities for the public to be informed about key water conservation and supply issues. In terms of emergency planning, the scenario involving a complete sudden break in imported water deliveries was a component of the Golden Guardian exercise sponsored in 2008 by the State. The Water Emergency Response Organization of Orange County (WEROC) was an active participant in this important statewide emergency test exercise. The Honorable Kim Dunning, Presiding Judge of the Superior Court September 1, 2009 Each MWDOC member agency should reaffirm to LAFCO that it will assign the resources

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necessary to expediently resolve regional governance issues. While the subject study is being facilitated by LAFCO, the options are with the agencies to decide what is best for all. Once conclusions are reached, the parties need to agree quickly and, hopefully, unanimously to adopt a course of action. Response: The recommendation has already been implemented by the City. The City has actively participated in the stakeholder meetings facilitated by LAFCO for the MWDOC Governance Study. The City will continue to monitor and provide input as appropriate as LAFCO's study process continues forward. Each Orange County retail and wholesale water agency should affirm its commitment to a

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fair-share financial responsibility in completing the emergency water supply network for the entire County. The entire County should be prepared together for any conditions of drought, natural or human caused disaster, or any other catastrophic disruption. WEROC should commence meetings of all parties, to facilitate consensus on an equitable funding/financing agreement. Response: The recommendation has already been implemented by the City. WEROC was established to conduct emergency planning and preparedness at the regional level, and respond to disaster type events that could impact the City as well as other water and wastewater agencies within Orange County. WEROC participates with regional and statewide emergency planning forums as well. The City also has an emergency plan and periodically conducts activities to be in a state of emergency preparedness. In addition, the City maintains emergency interties with neighboring water agencies to allow water to be moved back and forth as needed during emergency situations. The City trusts that the submittal of this response letter demonstrates our intent to work in full cooperation with the Orange County Grand Jury. Please call Fred Adjarian, Water Services Manager, at (714) 573-3381 should you have questions, or require additional information. Sincerely, Doug Daxf∉rt Mayor c: Honorable City Council William A. Huston, City Manager Douglas Holland, City Attorney Douglas S. Stack, Acting Public Works Director/City Engineer Elizabeth Binsack, Director of Community Development