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DRAFT <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; <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 />2 <br />