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HomeMy WebLinkAbout02/06/1990, 8 - REQUEST FOR ADDITIONAL WATER ALLOCATION ADJUSTMENTS FOR PUBLIC RESTROOMS II �sa I„ MEETING DATE: 4111�I�1P,f I city of luis oBiS� RHEA Nu ry 6. lqQn j COUNCIL AGENDA REPORT FROM: William T. Hetland cr PREPARED BY: Allen Short Utilities Director Water Division Manager SUBJECT: Request For Additional Water Allocation Adjustments for Public Restrooms RECOMMENDATION: Do not approve the request for an increase in water allocation adjustments to participating businesses for public restroom usage. BACKGROUND: The lack of adequate public restrooms in the downtown area has been a very sensitive issue which has been continually discussed prior to and subsequent to the Mandatory Water Conservation Program. City staff with the assistance of the business community and the BIA, conceptually developed a program to mitigate the current shortage of public restrooms in the downtown area during Farmers Market and special events. The goals of the program were to: 1. Provide additional public restrooms throughout the downtown area with the assistance of the private sector. 2. Provide an increase in water allocation for those businesses which are selected (by the BIA) and identified as public restrooms. The BIA would be the lead agency and designate businesses in the downtown area which would open up their restrooms for public use. The City would establish the allocation of water which would be appropriate for each business. The increased water allocation would be based upon a set of assumptions which would allow staff to calculate an estimated quantity of water for restroom use during each billing cycle. That quantity of water would be equally distributed to those businesses that were identified as public restrooms. The intent of the revised water allocation would be solely to offset additional water use due to a "public restroom" designation; no "bonus" would be provided as an incentive to businesses to participate in the program. City staff initially felt that the program had merit and was viable. The BIA conducted a survey among the downtown businesses to determine interest and found six businesses interested in participating in the proposed program. gw j city of san Luis oBispo COUNCIL AGENOA REPORT Additional Water Allocation for Public Restrooms February 6, 1990 Page 2 Further investigation by staff raised a number of issues and concerns regarding this program. Those issues and concerns include: o The possible liability the City might incur. o The difficulty from the City perspective in administrating a program of this type. o The right of the business to refuse access vs the public right to utilize a public restroom. o The likelihood that the City will implement increasing levels of mandatory conservation. Based upon the above concerns and current reservoir storage levels and availability, staff does not recommend this program at this time. However, if Council chooses to approve this type of program it is recommended that: 1. The City require adequate indemnification, evidence of insurance, and a disclaimer indicating that the City is not entering into any kind of agency or joint venture with the property owners. This is strictly a private activity. 2. City involvement is only to increase the water allocation in recognition of a voluntary private contribution to the public benefit in an amount not to exceed the additional water use that reasonably could be expected to occur as a result of this "public restroom" designation. 3. The City periodically conduct inspections of the property to insure handicapped accessibility and safety. 4.. The business would be required as part of the qualification process to meet handicap requirements, retrofit the existing facilities with low flow toilets and automatic shutoff valves for sink use. 5. The business must make restrooms available to the public without any right of refusal. 6. The agreement should also be terminable at will by either party upon 30 day written notice, in which case the increased allocation would be terminated as well. . 7. The increase in water allocation is only for the amount of i water actually used or reasonably projected because of expected public access. MY Of San 1US OBISPO WMIGNMOUNCILAGENOAREPOFM Additional Water Allocation for Public Restrooms February 6, 1990 Page 3 S. The business will still be responsible for any excess water surcharges and waive any appeal based on participating in this program. If the current rainfall trend continues, the possibility exists that a higher level of water conservation will be required. As such, allowing selected businesses an increase in their water allocation for public restroom usage is contrary to the current direction of the program. Therefore, staff does not recommend this option. CONSEQUENCES OF NOT TAKING ACTION Without the construction of additional public restrooms, there will continue to be a shortage of public restrooms in the downtown area. RECOMMENDATION: Do not approve the request for an increase in water allocation adjustments to participating businesses for public restroom usage. I D" q i MY of Safi tins OBlspo UNIGN COUNCIL AGENDA REPORT Additional Water Allocation for Public Restrooms February 6, 1990 Page 4 APPROVED: TY NISTRATIVE OFFICER T Y,XTTC,&NE FI CE DIRECTOR. UTILITIES DIRECTOR WATER DIVISION MANAGER fruchmi.wp