WATER DEMAND COMMITTEE
ITEM:		ACTION ITEMS
4.	Review and Approve Guidelines for Lawn Removal and Replacement Rebate
Meeting Date:			February 4, 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: N/A
Committee Recommendation: N/A
CEQA Compliance: N/A

SUMMARY: 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 Lawn removal Rebate went into effect January 1, 2010. Eligible applicants may receive up to $1.25/square-foot for removing and replacing up to 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 almost three acres of Lawn with estimated savings of about 11 acre-feet each year. Lawn Rebates are deed restricted for 15 years, ensuring continuing water savings over a significant period of time.

During the past year, District staff identified areas of the program that need revision. Staff has drafted Lawn Rebate Program Guidelines (Exhibit 4-A) and has revised the Lawn Rebate application (Exhibit 4-B) for review by the Water Demand Committee.

DISCUSSION: Properties must have a verifiable Lawn to qualify for a Rebate. A Lawn is defined as “an area of land planted with live, healthy grass which is regularly maintained, irrigated and groomed at a low, even height.” During the first year of the program, staff has received multiple questions regarding lawns that had been removed, partially removed, dead or in the process of being killed to facilitate removal. At times, photos were accepted to verify the Lawn’s qualification for the program.

In addition, staff became aware of a small number of properties where the owner admitted to never irrigating their Lawn, yet the Lawn met the qualifying criteria for a Rebate. Most recently, an application was received for a Rebate to remove a section of Lawn from a shady portion of the Site. During the final inspection, staff found that new Lawn had been installed in a different (and fully exposed) area of the Site. Although the application met the requirements of the program for that section of land, no water savings was achieved on the Site. Staff believes funds would be better spent and more water savings could be achieved by requiring more information from the applicant and by redefining the qualifying criteria for the program.

In preparing the draft Guidelines, staff conferred with other agency’s Lawn Removal Programs regarding the District’s experiences and issues. The Guidelines include a requirement for at least two years of water records demonstrating cyclical water use indicative of seasonal Landscape irrigation. Properties with dead Lawns or Lawns that have already removed would not be eligible. The deed restriction template would also be amended to include a limitation on the total number of square-feet of Lawn which could remain on the property to prevent additional Lawn from being installed on the Site. Finally, a separate Lawn Removal and Replacement Rebate application was prepared to collect the required information prior to consideration, thereby streamlining staff’s processing of applications.

RECOMMENDATION: The Water Demand Committee should review the proposed Guidelines and Lawn Removal and Replacement Rebate Application and provide direction to staff. Once finalized, the new guidelines will be implemented when funding is available and will be incorporated into Rule 141, Rebates, in the next revision ordinance. The current rule (Rule 141-D) allows the General Manager discretion in determining Lawn Rebate eligibility.

IMPACT ON STAFF/RESOURCES: N/A

EXHIBITS:

4-A, Lawn Rebate Guidelines

4-B, Lawn Rebate Application

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