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TECHNICAL
ADVISORY COMMITTEE |
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ITEM: |
ACTION
ITEMS |
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2. |
CONSIDER RECOMMENDATION TO
THE BOARD REGARDING SECOND READING AND ADOPTION OF ORDINANCE NO. 148, AN
ORDINANCE OF THE BOARD OF DIRECTORS AMENDING THE REBATE PROGRAM |
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Meeting
Date: |
April
5, 2011
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Budgeted:
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N/A
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From: |
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Program/ |
N/A |
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General
Manager |
Line Item No.: |
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Prepared
By: |
Stephanie
Pintar |
Cost Estimate: |
N/A |
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General Counsel Review: Yes
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Committee Recommendation: Water Demand Committee reviewed a draft
ordinance on March 9, 2011, and recommended adoption.
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CEQA Compliance: The
replacement of existing facilities is a categorical exemption under Class I,
§15301 of the California Environmental Quality Act. |
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SUMMARY: Draft Ordinance No. 148 (Exhibit 2-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. It also 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, and deletes reference to a list of Weather Based Irrigation Controllers maintained by the District. This ordinance also clarifies deed restriction requirements allowing access to water records for recipients of Weather Based Irrigation Controller Rebates, Lawn removal Rebates, and Synthetic Turf Rebates. Ordinance No. 148 is scheduled for second reading and consideration of adoption on April 18, 2011.
The remaining Rebate Account for California American Water. The Rebate Account is expected to be depleted in May 2011. As of March 1, 2011, approximately $139,000 remains in the California American Water Rebate Account.
RECOMMENDATION: Staff recommends the TAC recommend approval to the Board regarding adoption of Ordinance No. 148
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 January 27, 2011, the Board suspended the receipt and processing of Lawn removal Rebate applications pending approval of revised program guidelines by the General Manager and the renewed availability of Rebate funds. The suspension was lifted upon adoption of Resolution 2011-04 on February 24, 2011. At the February meeting, the Board clarified that the guidelines adopted in Resoution 2011-04 were not to be implemented until they were codified in the Rules. This ordinance implements that direction.
Lawn removal Rebates have been suspended under a separate action taken in March 2011. Rebates will continue to be processed and approved for all other Qualifying Devices until the Rebate Account is expended. Lawn removal Rebate applications on file at the District as of March 21, 2011, that have been verified by the District to have a quantified Lawn area to be removed, have until April 30, 2011, to complete the Rebate application process or be subject to Rule 141 as amended.
IMPACT ON STAFF/RESOURCES: Staff is currently tracking the Rebate Account on a daily basis. Notice of the change in process regarding holding Rebate applications when funding is depleted will be posted to the Distirct’s websites and posted at its office. Staff will also provide notice to the local retailers and wholesalers of Qualifying Devices, the Monterey County Association of Realtors and the AIA Monterey Bay.
EXHIBITS
2-A Ordinance No. 148
U:\staff\word\committees\Tac\2011\20110405\02\item2.doc