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SR-9-A (87) __9 -11 GS:SES:SM:ulfsell Council Meeting: July 9, 1991 Santa Monica, Cali1Y~nic:O 1991 TO: Mayor and City Council FROM: City Staff SUBJECT: Request to Direct the City Attorney to Draft an Ordinance Requiring Installation of Ultra- Low Flow Plumbing Fixtures in Each Bathroom of an Existing Residence Prior to Sale of the Property INTRODUCTION This report request s that the City Council direct the City Attorney to amend the Santa Monica Municipal Code to require installation of ultra low flow toilet fixtures, low flow showerheads, flow restricting faucet aerators, and shut off valves for reverse osmosis systems in all residential properties prior to sale of the property. BACKGROUND Currently, Section 8109.7 of the Municipal Code requires ultra-low flow fixtures be installed in all new construction, remodels, or additions. The use of these water conservation devices in new construction results in significant reductions in water demand and sewage flow compared to older structures with less efficient fixtures. Because resales of existing housing in Santa Monica occur at three and one-half times the rate of new home sales, this 1 9-ft JUL 9 1991 proposed ordinance would, over time, significantly increase water savings from residential buildings. DISCUSSION Requiring installation of ultra-low flow toilets and other water- conserving plumbing devices in residential properties prior to sale is consistent with water conservation goals of the City as reflected in the City's BAYSAVER program, mandatory drought restrictions, and other water conservation efforts. By mandating plumbing retrofits upon sale of residential property, the City will provide property owners with an additional incentive to participate in the BAYSAVER program as a cost-effective means of complying with this proposed retrofit ordinance. The required installation of shut off valves for reverse osmosis water filtration systems, which often waste water during the treatment process, will prevent these systems from running continuously even when their storage tank is full. The proposed ordinance will ensure that residential property owners, who have been historically reluctant to replace water- wasting plumbing fixtures, will be required to retrofit these fixtures upon sale of their property. This requirement should not cause any expense for single family or multi-family property owners as they currently qualify for a $100 per bathroom rebate under the BAYSAVER program and low flow showerheads and faucet aerators are available from the City free of charge. It is anticipated that the BAY5AVER program will be in place for at 2 least the next few years. Those property owners who would be required to retrofit but do not wish to participate in the BAYSAVER program can expect to pay approximately $150 per bathroom to comply with the proposed ordinance. At present, it is not recommended that the proposed retrofit-on- sale requirement be applied to non-residential properties for two reasons. First, the current range and availability of models of ultra-low flow toilets available for commercial installations is still somewhat limited. Staff anticipates that these problems will be largely resolved over the next six months due to imminent changes in State toilet fixture standards. Secondly, staff is currently formulating a BAYSAVER program component for non- residential occupancies for presentation to Council in Fall, 1991, which will include fees for all non-residential customers who still use water-wasting fixtures and rebates for those non- residential customers who choose to retrofit. When the commercial BAYSAVER program is proposed to Council, staff will also recommend that the retrofit-on-sale requirement be extended to all non- residential properties. This approach will ensure that non- res ident ial propert ies are offered the same incentives and financial assistance which are currently enjoyed by residential properties. City staff believe that enforcement of this proposed ordinance can be subsumed by the ongoing BAYSAVER program since almost all residential property owners who must comply with the retrofit-on- 3 sale provisions will take advantage of the existing BAYSAVER program rebates and inspection service. Those property owners who comply with the proposed ordinance requirements without participating in the BAYSAVER program will be required to arrange for a compliance inspection by the City which will be provided at no charge while the BAYSAVER program is in effect. Once the BAYSAVER program has ended, an inspection fee will be charged for this service to recover actual City inspection and processing costs. Once City verification of a fixture retrofit has occurred, the property owner will be issued a Certificate of Compliance. A copy of this certificate will remain on file with the City. It will be the responsibility of the seller to provide the Certificate of Compliance to the escrow company representing the prospective buyer prior to transfer of title. Once the proposed ordinance receives final approval from Council, staff will undertake an extensive outreach and public education effort targeted at all residential water customers, real estate agents, brokers, and area escrow companies. This campaign will use utility bill inserts, direct mailings, group presentations, and public notices in general public and industry-specific publications. Certificates of Compliance will also be provided to all property owners who participated in the BAYSAVER program free of charge upon their request. 4 BUDGET/FISCAL IMPACT It is not anticipated that this proposed ordinance would have an additional impact on the Water Fund beyond that which is expected from the existing BAYSAVER program. During FY 1991-92, it is projected that 10,000 bathrooms will be retrofitted under the BAYSAVER program. Residential retrofits performed as a result of the proposed retrofit-on-sale ordinance are anticipated to be a small part of this total. The cost of outreach and public education efforts associated with this ordinance will be paid for through budgeted funds. RECOMMENDATION It is recommended that the City Council: 1) Direct the City Attorney to draft an ordinance requiring the installation of ultra-low flow toilet fixtures, low flow showerheads, flow restricting faucet aerators, and shut-off valves for reverse osmosis water filter systems in all Santa Monica residential properties prior to sale of the property. Prepared by: Stan Scholl, Director of General Services Craig Perkins, Environmental Services Manager Susan Munves, Administrative Analyst 5 CA:RMM:rmlist/hpca1/pc City council Meeting 7-16-91 santa Monica, California LIST OF PENDING CASES TO BE CONSIDERED IN CLOSED SESSION 1. Lecaros v. City of Santa Monica, et al., Santa Monica Superior Court Case Number WEC 134 843. 2. Ramirez v. City of Santa Monica, et al., Santa Monica Superior Court Case Number WEC 134 118. The legal authority for this closed session is Government Code sections 54956.9(a). [Note. Following closed session, the City Council may publicly approve settlements in one or more of the above-entitled cases.]