ITEM:		PUBLIC HEARING
9.	CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 162 -- AMENDING THE WATER PERMIT PROCESS FOR PRIMARY AND SECONDARY PUBLIC SCHOOL DISTRICTS
Meeting Date:			August 18, 2014	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Review: Completed
Committee Recommendation: The Water Demand Committee recommended adoption of this ordinance.
CEQA Compliance: Negative Declaration

SUMMARY: Proposed Ordinance No. 162 (Exhibit 9-A) adds definitions to Rule 11 for Public School District and Public School District Site, amends definitions for Permit Review Level and Water Waste, and amends Rule 24 to reduce the Adjusted Water Use Capacity for a project when a Public School District Site achieves Best Management Practices (as defined by MPWMD Rule 142), and establishes a Water Use Credit for removal of established sports fields. The amendments to the definitions were added for second reading and are deemed unsubstantial amendments to the ordinance by District Counsel. The Water Waste definition was amended to include Non-Essential Water Use definitions for consistency with the State’s drought ordinance and to address power/pressure washing as discussed by the Water Demand Committee on August 11, 2014. Other minor language changes were made to clarify Water Waste.

This ordinance sets forth a process for public school districts to obtain Water Permits that enable facility updates and improvements in a water-short environment by recognizing that significant water savings occur in public schools once all reasonable retrofits (Best Management Practices) have been achieved. The ordinance recognizes the unique governmental mandate surrounding public elementary and secondary schools, whereby the district must provide a public education for students residing within the district. Student populations at public schools fluctuate up and down and the schools must be able to provide modern and adequate facilities. In addition, public school funding incentives rely on adequate facilities to reduce classroom size, particularly in the elementary schools. This ordinance facilitates upgrades to existing public school district facilities.

The implementation of Best Management Practices throughout a school district results in significant, permanent and quantifiable water savings. Currently MPWMD regulations consider permanent reductions in water use on a single site as the means to offset new construction or remodels. However, in this unique situation where a public school district is mandated to serve the children within its borders, it may be difficult to achieve sufficient water savings on a single site to offset proposed construction on that same site, particularly when the construction is to improve an existing school. This ordinance allows a school district to implement a list of extensive Best Management Practices throughout the district to offset future construction projects.

The ordinance adds a Water Use Credit for the permanent abandonment of established sports fields. It is recognized that these fields represent significant water use and that the removal of irrigated sports fields will result in quantifiable water savings.

An Initial Study and Notice of Intent to Adopt a Negative Declaration (Exhibit 9-B) were filed with Monterey County and circulated to interested parties for comment. No comments were received. The ordinance was also reviewed with the District’s Technical Advisory Committee members on July 10, 2014.

RECOMMENDATION: The Board should receive public comment before adopting the Negative Declaration and Ordinance No. 162.

EXHIBIT

9-A Draft Ordinance No. 162

9-B Notice and Intent to Adopt a Negative Declaration

U:\staff\Boardpacket\2014\20140818\PublicHrng\09\item9.docx