HomeMy WebLinkAboutLetter Board of Realtors Model Water Closet Retrofit Ordinance c �
MEMORANDUM
CITY OF PALM DESERT
TO: JOHN WOHLMUTH, DIRECTOR OF ENVIRONMENTAL
CONSERVATION
FROM: SHEILA R. GILLIGAN, CITY CLERK/P.I.O.
SUBJECT: LETTER FROM BOARD OF REALTORS
DATE: June 10, 1991
Attached is a copy of a letter the City Council received from the Palm Desert/Rancho
Mirage/Indian Wells Board of Realtors relative to a "Model Water Closet Retrofit
Ordinance."
I will place this on the June 27, 1991, City Council agenda. If you would like to include a
staff report and recommendation at that time, please let me know.
SHEILA R. GILLIGAN
CITY CLERK/P.I.O.
Attachment (as noted)
CITY COUNCIL ACTION:
APPROVED DENIED
RECEIVED
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ABSTAIN;
VERIFIED EY: yYVVIII0
Original on File with ity Clerk' s Office
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031 PALM DE; IT - RANCHO MIRAG INDIAN WELLS
BOARD OF REALTORS®, 1VED
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REACTOR® 44-475 MONTEREY AVENUE PAN! b►LgEI , CallIFIDR5JSA 92260
TELEPHONE (619) 346-b.327 CLERK'S r
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June 3, 1991
The Honorable Roy Wilson
Palm Desert City Hall
73-510 Fred Waring Dr.
Palm Desert, CA 92261
Dear Councilman Wilson:
I am writing to express our Association ' s opposition to the "Model Water Closet
Retrofit Ordinance", which proposes to require the retrofit of low flow toilets
at point-of-sale, recently drafted by the Building Industry Association of
Southern California (BIASC) and sent to local elected officials throughout
Southern California.
Despite the fact that water used by domestic consumers in Southern California
is minimal compared to that used by agriculture, the California Association of
REALTORS® (C. A. R. ) and our local Board members understand that current public
policy dictates that existing and new residents do their fair share to conserve
water. To this end, we support water conservation programs that spread the
burden for conservation across a broad spectrum of domestic water users, and
provide incentives for such consumers to voluntarily retrofit their units and
reduce water consumption.
There are several reasons time-of-sale water conservation retrofit ordinances
do not represent an appropriate strategy for dealing with water conservation.
First, in the Coachella Valley most of the water flowing from water closets is
reclaimed and used to water golf courses. Therefore, a significant reduction
in the amount of water from water closets would require pumping water from
underground to irrigate golf courses.
Second, we believe that if it is necessary for existing homes and buildings to
bear a greater portion of the burden for water conservation, it would be much
more prudent to require all buildings to be retrofitted with low-flow toilets
by a specific date.
Third, in any given year, a very small percentage of the existing housing stock
is transferred. In some areas, it has been estimated that as little as three
percent of the existing single family units are sold, although this number may
be higher depending on the time period and housing market. At this rate, it
will take many years before time-of-sale water retrofit will contribute
significantly to local water savings.
A REALTOR is a registered collective membership mark which may be used only by
real estate professionals who are members of the NATIONAL ASSOCIATION OF REALTORS'
and subject to its strict Code of Ethics
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Fourth, time-of-sale is an inappropriate enforcement mechanism for water
retrofit. The additional cost and time involved in complying with the
ordinance will further complicate transactions and potentially impose hardships
on buyers and sellers. In most cases, the retrofit will involve at least two
toilets, as well as the cost of installation and inspection. In many cases, a
plumbing permit may be required, and new flooring will be needed.
Additionally, the current stock of 1.6 gallon toilets is limited and a
widespread increase in demand would be difficult to satisfy. Furthermore, it
is our understanding that the 1 .6 gallon toilets currently available are of
inferior quality and there is only one style and color. The BIASC ordinance
states that in the event there is an inadequate selection of styles and colors
of toilets, the ordinance shall not apply. Given the current limitations on
color and style of 1 .6 gallon toilets, it seems that they are setting that
portion of the ordinance up for failure.
Finally, and perhaps most importantly to our members, the wording of the
proposed ordinance places an unnecessary and unacceptable amount of
responsibility and liability on the real estate agent/broker. Particularly
objectionable is the provision which allows buyers to rescind the sale or
recover costs from the agent or broker if the seller does not comply with the
retrofit requirement. Real estate agents and brokers must not be called upon
to be the enforcers of this ordinance.
An alternative to time-of-sale retrofit which our association could support,
and one which has been adopted by numerous water districts, is the "off-site"
retrofit program. I understand that such programs give the builders the
opportunity to provide the funds to retrofit existing commercial , residential
and public buildings. The off-site retrofit program, possibly combined with
retrofit at time of major remodeling or building additions, would undoubtedly
be a more effective means of retrofitting existing structures on a widespread
basis.
Should this ordinance proposed by BIASC come before you for consideration, I
urge you to strongly oppose it and instead consider other alternatives for
water conservation in our area.
Please feel free to contact me or Jeffrey Arakelian, Executive Vice President,
if you would like to discuss this matter further.
Thank you for your kind consideration.
Sincerely yours,
(64
William E. Bonnar
President