ITEM:		PUBLIC HEARING
18.	CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 148 -- AMENDING THE REBATE PROGRAM -- ADOPTING GUIDELINES FOR LAWN REMOVAL
Meeting Date:			April 18, 2011	Budgeted:	N/A
From:			Darby Fuerst,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Pintar	Cost Estimate:	N/A
General Counsel Review: Yes
Committee Recommendation: Water Demand Committee reviewed a draft ordinance on March 9, 2011, and recommended adoption. The Technical Advisory Committee (TAC) reviewed the ordinance and recommended approval with an amendment for Jurisictional approval of Synthetic Turf installation.
CEQA Compliance: The replacement of existing facilities is a categorical exemption under Class I, §15301 of the California Environmental Quality Act.

SUMMARY: Draft Ordinance No. 148 (Exhibit 18-A) amends Rule 141, Water Conservation Rebates, to implement the new and additional policies related to Lawn removal Rebates adopted by the District’s Board in Resolution 2011-04, and it amends Rule 141 to address unavailability of funds in a Rebate Account. This ordinance also amends portions of the Rebate Program to strengthen conditions of approval, clarifies that Sites must comply with applicable District rules before Rebates are issued, disqualifies Qualifying Devices mandated by local, State or Federal water conservation programs, reorders language related to Ultra High Efficiency Toilets in Rule 141-C, adds a requirement that the Jurisdiction approve the installation of Synthetic Turf to qualify for a Rebate, and deletes reference to a list of Weather Based Irrigation Controllers maintained by the District that is available on the Internet. This ordinance also clarifies deed restriction requirements that allow access to water records for recipients of Weather Based Irrigation Controller Rebates, Lawn removal Rebates, and Synthetic Turf Rebates.

The Technical Advisory Committee (TAC) reviewed the draft ordinance on April 5, 2011. The TAC recommended approval with an amendment that the installation of Synthetic Turf for which a Rebate is requested should not contradict any code within the local Jurisdiction. To implement this amendment Rebates for Synthetic Turf will require written confirmation from the Jurisdicton’s Director of Planning. Staff has added this language to Rule 141-C-g (Eligibility), Rule 141-D-7-h (Conditions of Approval) and Rule 141-E-3 (Application). The current rule indicates the applicant should check with the local Jurisdiction prior to installing Synthetic Turf.

RECOMMENDATION: Staff recommends the Board adopt Ordinance No. 148, as amended, after the second reading and public hearing.

This ordinance is exempt from CEQA. Upon adoption, staff will file a Notice of Exemption with the County Clerk. Replacement of existing facilities is a categorical exemption under Class I, §15301 of the California Environmental Quality Act.

BACKGROUND: On February 24, 2011, the Board adopted Resolution 2011-04. This resolution adopted guidelines for implementation of the Lawn Rebate program. Upon adoption, the Board clarified that the guidelines adopted in Resoution 2011-04 were to be implemented by ordinance. Ordinance No. 148 implements Resolution 2011-04.

The Lawn Rebate program was suspended as of March 21, 2011, due to limited Rebate Program funding. Applicants of existing applications on file at the District have been notified that they must complete their application by May 1, 2011, to qualify for a Rebate. Funds have been set aside for these Rebates until May 1, 2011.

The Lawn removal Rebate went into effect January 1, 2010. Eligible applicants receive up to $1.25/square-foot for removing and replacing a maximum of 5,000 square-feet of Lawn with drought-tolerant plants or permeable surfaces. During the first twelve months of the program (January-December 2010), 77 applications totaling $130,500 were approved for removal of three acres of Lawn with estimated savings of about 11 acre-feet each year. All Lawn Rebates are deed restricted for 15 years, ensuring continuing water savings over a significant period of time.

IMPACT ON STAFF/RESOURCES: Staff is currently tracking the Rebate Account on a daily basis and expects all funds for the California American Water system to be depleted by May 1, 2011. Upon adoption of Ordinance No. 148, staff will provide information about the changes made to the Rebate Program to the local retailers and wholesalers of Qualifying Devices, the Monterey County Association of Realtors and the AIA Monterey Bay.

EXHIBITS

18-A Ordinance No. 148

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