WATER DEMAND COMMITTEE
ITEM:		ACTION ITEM
4.	REVIEW DRAFT ORDINANCE NO. 159, AN ORDINANCE AMENDING THE WATER PERMIT PROCESS FOR PRIMARY AND SECONDARY PUBLIC SCHOOL DISTRICTS
Meeting Date:			November 6, 2013	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Pintar	Cost Estimate:	N/A
General Counsel Review: Preliminary review completed
Committee Recommendation: N/A
CEQA Compliance: N/A

DISCUSSION: The Water Demand Committee discussed a proposed concept ordinance to address difficulties with permitting New Construction on school district Sites (see “Background” for information). The committee recommended that a school-specific permitting ordinance be developed that is restricted to kindergarten through grade 12 public school districts. Staff has prepared a draft ordinance (Exhibit 4-A) to respond to the committee’s direction.

Draft Ordinance No. 159 adds two definitions to the Rule and Regulations: Public School District and Public School District Site. The first definition limits the ordinance to primary and secondary public schools. The second definition encompasses all properties within a school district that are supplied by California American Water. This allows a Water Use Credit that is generated at one facility to be used to offset New Construction at another facility that is owned by the same school district. Finally, the ordinance adds a set of Best Management Practices (BMPs) for schools to Rule 142, Water Efficiency Standards. When a school district has met or exceeded these BMPs, that school district would not be required to either obtain water from Allocation or offset New Construction using a Water Credit.

The proposed ordinance has been prepared to undertake a California Environmental Quality Act (CEQA) evaluation. Committee direction on any amendments needed prior to preparation of an Initial Study is being requested at this time. Staff will prepare an Initial Study and circulate the document for 30 days, including providing it to the State Clearinghouse for review by State-wide authorities.

RECOMMENDATION: The Water Demand Committee should receive the draft ordinance and provide direction to staff. Representatives of the school districts will be available at the meeting.

BACKGROUND: Public schools must improve and expand their facilities to meet student demand at unpredictable times, often without involvement of the local Jurisdiction and Water District. Although District rules require a Water Permit before a building permit is issued, public schools generally do not go through the local building departments (they permit through the State Architect). Because of this, they miss the local building department review for the Water Permit and receive building approvals without a Water Permit. Although MPWMD has contacted the State Architect about this problem in the past, several projects in the past few years have been constructed without District permits.

For the school district’s to obtain Water Permits for the projects that were built without permits, there is a requirement to either offset the new demand or obtain water from the Jurisdiction’s Allocation. The problem is that water is not available in the Jurisdiction’s Allocation to cover the expansion needs, which leaves the school with no options but to retrofit to offset the projected demand. In at least one case (Carmel River School), the school has installed all of the most water efficient fixtures available and still does not have sufficient credit to offset the capacity of the project.

In an effort to identify potential solutions to the permitting dilemma, superintendents of the school districts, facilities managers, and District staff met to discuss alternative permitting concepts. The following concepts were discussed with the District’s Water Demand Committee (in August and October 2012) and by the Technical Advisory Committee (TAC) (on October 9, 2012).

1. Single Site School District. Allow a School District to be considered as a single Site (within the MPWMD), therefore allowing offsets at locations within and without the same Jurisdiction (i.e., Monterey Peninsula Unified School District which has (or could have) facilities in Seaside, Monterey and Del Rey Oaks).

2. Authorize Water Use Credits for replacement of established turf sports fields with synthetic turf.

3. Require implementation of Best Management Practices (BMPs). Once all BMP’s have been achieved at all facilities and for all irrigated areas, and no other feasible water saving measures have been identified, allow the school district to receive Water Permit waivers (i.e. exemptions) for all necessary future expansion/improvements.

4. Municipal Site Water Credit. Allow Water Use Credits generated by retrofits undertaken on a Public Site used by the school district to offset New Construction.

Concepts 2 and 4 are not addressed by the proposed draft ordinance. Concept 4 is presently allowable under Rule 28, Transfers.

EXHIBITS

4-A Draft Ordinance No. 159

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