City Council Delays Taking Vote on Point of Sale Septic Inspection Law

• One Member Lambasts Real Estate Sector’s Opposition

BY BILL KOENEKER

A proposed point of sale ordinance that would require inspections of septic systems when any developed real estate property is transferred was put on hold at this week’s Malibu City Council meeting after the mayor requested more time to tweak the law’s language.

“I was in Prague and it did not get my full attention before this meeting,” said Mayor Jeff Jennings, who indicated he wanted to make his comments “offline” and asked the council to send the matter back to the staff for refinement.

However, Councilmember Pamela Conley Ulich, who nonetheless voted for a continuance until the council’s next meeting on Sept. 24, said she wanted the issues hashed out on Monday night and then blasted Realtors who had come to raise objections to the proposed measure.

“I’m glad the Realtors are here tonight. They have been absent from the community. They used to be the number one donors with the exception of a few of you. What happened? Where did the city go wrong?”

Conley Ulich went on to say that given the success of real estate in the past year she was glad to see the real estate community becoming involved.

Debating contentions made by the local realty association, Conley Ulich said “this ordinance will improve our environment.”

Realtors acknowledged they have been working with the municipal staff, but took pains to let council members know they are in total opposition to the proposed new law.

“In the broad sense, our organization is opposed to this ordinance considering it to be ponderous, confusing, impractical, possibly confiscatory and a de facto tax,” said Malibu Association of Realtors President Christine Rodgerson, in prepared remarks to the council.

Rodgerson told members that the commitment the council made to the state Regional Water Quality Control Board through a memo of understanding pledging the city’s oversight of septic systems “may be premature.”

The board president indicated her members believe many of the facts surrounding the water pollution question “are not yet known and the ordinance should be delayed until all of the data are collected and analyzed.”

Realtor Paul Grisanti made the case that the guidelines and the forms are confusing. “I have an objection to go into a transaction with someone and not have plain language. As it is now we have to take a 13-page worksheet. Why is it not appropriate to tell people in the ordinance what are the minimum requirements,” he said.

Realtors also ticked off a laundry list of other objections. Jennings stated flatly that he believes in many parts of town septic systems work and in other parts of town they do not. He said the purpose of the law is to keep track of all of the septic systems in Malibu and to do so during real estate transfers when there is the money to cover it.

“We need for the city to have oversight. If not, we will lose control. The septics are subject to permit. I think the ordinance put forward expresses a good idea. It is true the forms are not a part of the ordinance. It is true the guidelines are not part of the laws. That was done because the guidelines may change from time to time. It is also true the houses on the beach my have to have tertiary treated systems.”

The mayor agreed that certain parts of the measure, especially the language, are confusing and need to be made clear.

Other council members concurred. “I do agree when I read the ordinance it confused me. What about the people who are selling their homes that do not have a lot of money. I would like to see the requirements spelled out in a checklist,” said Councilmember Sharon Barovsky.

Councilmember Ken Kearsley suggested including a one year sunset clause in the ordinance. “We don’t want something that is an albatross. We do need to fine tune it,” he added.

The proposed law would require inspection of an existing onsite wastewater treatment system at or within two years of the time of transfer of title to the property owner served by the system. The ordinance would require the city to issue a certificate of inspection, or a conditional certificate of inspection, based on the findings of the inspection by a city-approved inspector.

The issuance of a certificate would authorize the transfer of title between parties. A functional system would receive a passing mark. A failed system would be identified and the reqiurements to make the system compliant would be outlined.

The intent of the program, according to city officials, is to identify and correct systems which pose a risk to public health and safety and the environment. A two-year timeline for meeting compliance has been added to the proposed ordinance.