SR-9-A (87)
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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
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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
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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-
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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.
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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
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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.]