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CFE 011303
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CFE 011303
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BOCC
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�9 <br /> DRAFT 2 <br /> Land Use Councils in June and October 2002 , The Schools and Land Use Councils <br /> and School Facilities Task Force have discussed the MOU and model ordinance in <br /> great detail during the past six months . Perhaps the issue that required the most <br /> discussion and scrutiny by all parties was how to initiate the Ordinance without <br /> inducing a defacto development moratorium while maintaining equity of standards <br /> between the two school systems . Any defacto moratorium would likely have only <br /> affected the Orange County School District because their Middle School segment <br /> presently exceeds the 107 % Level of Service standard contemplated in the MOU <br /> ( actual OCS middle school student membership is at approximately 111 % of capacity ) . <br /> The County Attorney has prepared proposed addenda to the MOU and proposed <br /> changes to the model ordinance that would address several concerns raised <br /> throughout the SAPFO review process , particularly the one noted above about <br /> avoiding a defacto moratorium at the middle school level in the Orange County <br /> Schools system . The Attorney will review the pertinent points on this subject that he <br /> outlined in his attached November 27 letter to the Planning Director . The Attorney has <br /> also suggested possible changes to the model ordinance on this subject , and can <br /> respond to questions on that point . However , it should be noted that the Board is <br /> not expected to act on the model ordinance until early 2003 . The only Board <br /> action contemplated at this December 10 meeting is approval of the MOU . <br /> During numerous public meetings and from various items of correspondence that the <br /> County has received , many excellent questions have been raised about the <br /> mechanism and implications that would be involved in the implementation and <br /> administration of SAPFO . Staff have compiled a " Frequently Asked Questions " ( FAQ ) <br /> list that restates and answers many of these questions . Staff plan to use the FAQ list <br /> as an important component of the public education effort that will be essential to <br /> successful implementation of the ordinance . Additional questions (with answers to be <br /> developed ) to be incorporated in the FAQ list are welcomed from the BOCC , other <br /> elected officials , and interested citizens and community groups . <br /> Questions have also been raised regarding the implications of delaying the <br /> implementation of the School Adequate Public Facilities Ordinance system to a date <br /> other than the February 15 , 2003 date established in the Memorandum of <br /> Understanding . A change is possible if the Memorandum of Understanding is <br /> appropriately modified by all parties . An implementation date of April 15 , 2003 could <br /> be pursued with the understanding that the following implications of changing the date <br /> might be experienced : <br /> 1 . School Adequate Public Facilities Ordinance data would still be collected <br /> and analyzed as noted in the original schedule ( Fall of each year) ; <br /> 2 . School Adequate Public Facilities Ordinance data would not be acted upon <br /> as early , meaning some data may become " old " as the student membership <br /> numbers are dynamic through the year . <br /> 3 . Developments in the pipeline or in the concept stage may be able to <br /> proceed without being subject to the School Adequate Public Facilities <br /> Ordinance ; t <br /> 4 . An important product of the School Adequate Public Facilities Ordinance <br /> data is to use it as a tool to develop school Capital Investment Plan needs <br /> which are developed in the first part of the year . It is likely that even without <br />
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