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SR-06-11-2013-7ACity of City Council Report Santa Monies* City Council Meeting: June 11, 2013 Agenda Item: 7A To: Mayor and City Council From: Dean Kubani, Manager, Office of Sustainability and the Environment Subject: Repeal of SMMC 7.18 Water Conservation - Plumbing Standards Recommended Action Staff recommends that City Council introduce for first reading the attached ordinance repealing SMMC 7.18 Water Conservation — Plumbing Standards. Executive Summary The Water Conservation — Plumbing Standards ordinance (Chapter 7.18 of the Santa Monica Municipal Code), also referred to as Retrofit Upon Sale, has been very successful in retrofitting nearly every single - family home, multi - family building, and commercial property sold in Santa Monica since 1993 with water - saving toilets, showerheads, and faucets. Due to the high saturation levels of these devices, existing State law that sets forth the same requirements, and the staff time required to enforce this ordinance, staff recommends repealing Chapter 7.18 as unnecessary. Background The Water Conservation — Plumbing Standards ordinance was adopted in February 1993 to reduce potable water use and sewage in response to drought conditions and flow constraints at Hyperion sewage treatment plant. Since 1993, every building sold in Santa Monica must have low -flow toilets, urinals, showerheads, and faucets installed before the close of escrow. In order for escrow to close, a certificate of compliance must be issued by the City. Upon verification that low -flow fixtures are installed in the property either through an inspection performed by a certified plumber or record of compliance from the previous sale of the property, staff sends the compliance certificate to escrow. As a result of this ordinance, approximately ninety -two percent (92 %) of all toilets, urinals, showerheads, and faucets installed in Santa Monica since 1993 are low -flow. 1 Discussion The success of this ordinance has resulted in a high saturation rate of low- fixtures in buildings throughout the city. The few remaining buildings that have not retrofitted will not produce significant savings compared to staff time needed to enforce this ordinance. Below is data compiled over six years that shows the amount of effort required to achieve minimal water savings. Upon verification through an inspection or documentation of previous compliance with the ordinance, staff issues a certificate of compliance to the escrow company. The processing of the compliance certificates is currently being administered by a temporary staff member and takes approximately one and a half days each week to enforce. This temporary staff position is due to expire on June 30, 2013. Data from 2006 through 2012 shows the following: • Total certificates issued — 4,260 • Number of properties that failed and required retrofitting— 400 • Number of fixtures replaced — 475 • Water saved — 12 acre feet • Staff hours to enforce — 7,332 If SMMC Chapter 7.18 is repealed, existing State and local laws will ensure that remaining inefficient fixtures are replaced with high- efficiency fixtures (which are twenty percent more water - efficient than low -flow fixtures that Chapter 7.18 currently requires). State law SB 407 adopted in 2010 requires a retrofit upon resale for single - family homes. The City's Green Building Ordinance further requires any toilets, showerheads, and faucets that are replaced to be high- efficiency. Starting in 2014, only high- efficiency toilets will be sold in California. Rebates are available for customers that install these types of toilets. 2 Repealing Chapter 7.18 would allow staff and resources to be focused on other water - efficiency programs that will gain far more water savings to help the City reach its water self- sufficiency goal by 2020. Staff is working with a consultant on developing the Sustainable Water Master Plan to reach this goal. The current draft includes a list of 23 proposed water - efficiency programs that can save approximately 1,400 acre feet of water. Many of these programs target high water -use commercial customers that can achieve and sustain significant water savings through water - saving plumbing fixture retrofits including cooling towers, coin - operated washers, and laminar flow faucets. Other programs will focus on conversion of high water -using landscapes to sustainable landscapes. Because the City has been aggressively implementing water - efficiency programs since 1988, future programs will take more staff time and resources to achieve the same savings as code -based or passive conservation. Financial Impacts & Budget Actions There is no immediate financial impactor budget action necessary as a result of the recommended action. Prepared by: Kimberly O'Cain, Water Resources Specialist Approved: Forwarded to Council: dO4M 1d4 d �4 /Vi- bean K ani, Rod Gould Manager, Office of S s inability and the City Manager Environment Attachment: ® Ordinance Repealing SMMC 7.18 Water Conservation — Plumbing Standards 3 Council Meeting: June 11, 2013 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING CHAPTER 7.18 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO RETROFITTING OF PLUMBING FIXTURES WHEREAS, the City of Santa Monica is committed to reducing inefficient use of water resources and maximizing the availability of potable water for essential residential and business uses; and WHEREAS, conservation of water is critically important if the City of Santa Monica is to sustain itself, survive droughts as well as emergencies and natural disasters; and WHEREAS, on September 2, 1993, the City Council adopted Chapter 7.18 of the Santa Monica Municipal Code, which established water conservation plumbing standards in order to reduce wastewater flows and decrease the use of potable water within the City; and WHEREAS, this law has been implemented with great success as nearly every single - family home, multi - family building, and commercial property sold in Santa Monica since 1993 has been properly retrofitted with water saving plumbing fixtures; and 1 WHEREAS, recently enacted state laws, such as SB 407 of 2010, and local laws, such as the Green Building Code, duplicate the key requirements contained in Chapter WHEREAS, in light of the successful implementation of Chapter 7.18 and the adoption of other State and local laws setting forth the same requirements, Chapter 7.18 no longer serves a useful purpose; and WHEREAS, limited staff resources should be redirected toward other sustainability programs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 7.18 of the Santa Monica Municipal Code is hereby repealed. 4 rMIN - - - - - .�rntnrr IPPM Ca\ Bay �— °g7�cmcr�- Saver Fixture Retrofit f't D A rorvram sponsored by the City of nccvrv— rca,crvr.a rrc'9Ta� °9�u��� ••N•,�••••,�•••.• •.,l •J •, lew flush toilet with an witra lew flush toilet. than 1.6 allons ry of water existing nonultFa /b\ C flush, #' DI h' g y Fixture. An toilet sin mere 0 0 � u than 1.0 flush, ... showerhead with a flevi per Lirinal using more galleR6 ef water per 'f tha 2.5 of faY ae# that emits more than 7 F O°I of gallons water per minute, at reverse osmes's istem not ery pped gallons of per minute, or re6idential h' h is fixtures. OF change in ownership equipped CA\ D with one eF mere exisfing plumbing ha Change Ownership. A n rahase or of follows: C4\ The � c ha transfer f of real n arty between ran s ou ses inal n dinry but rnarra EM 5 R'StRT -T_ �: 71 57�' 77fs7' �: 7[ T- TS7RLI�SS�1�- 7f- T.' t�I�ST�76' iG�ililll 3►' T' \S7iS7'T'�1i7:�7�[7:T- 1'S7/'� MKILIMMOMMIN 11111 pippil :m ■ IR11 11111,1111111!!!11!1!1 1!!!111111''11111 0 -W III MUM- ■■ 7 i "MI -W III MUM- ■■ 7 Mmq Section 2. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption days from its adoption. APPROVED AS TO FORM: This Ordinance shall become effective 30