HomeMy WebLinkAboutAgenda Report - March 6, 1996 PH (6)CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Continued Public Hearing to Consider Amending Lodi Municipal Code 13.12
(Sewer Service) to Add "Bakery" to Commercial Categories
MEETING DATE: March 6, 1996
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council conduct the public hearing on the wastewater rate
adjustment for bakeries and authorize the City Manager to execute a
professional services agreement for a wastewater rate analysis, not to
exceed $18,000.
BACKGROUND INFORMATION: The present wastewater rate ordinance provides for various
commercial and industrial rates based on the type of business. In
some cases, they are classified as "high strength" users in which
the rates are calculated on actual flow and wastewater "strength".
The proposed ordinance would add a new category for bakeries. The only bakeries affected by this
change are Alexander's Bakery, Baker's Dozen, and Cottage Bakery. Background material on this
change is included in the attached memorandum dated January 8, 1996. The wholesale commercial
bakery on Neuharth Drive is not affected by this change since its flow and wastewater strength place
them in the "high strength" category.
However, recent economic development efforts, in which we have compared "high strength" wastewater
rates to those in other cities, indicate we are at a significant competitive disadvantage. We feel it is
imperative that we evaluate these rates as soon as possible. The recommended action will allow staff
to select a firm specializing in this type of work and bring a recommendation back to the City Council in
the shortest amount of time.
With regard to the ordinance adding the bakery category and another minor modification as indicated in
Exhibit 1, it can be acted on now or delayed. In terms of fairness under our existing ordinance and
policies and to other customers, the change should be adopted now to bring their rates up to an
amount comparable with other businesses. In terms of impact on the Wastewater Fund, the dollar
amount is minimal.
FUNDING: Sufficient funds for this study are available in the stewaatter operating budget.
ack . Ronsko
orks Director
Prepared by Richard C. Prima, Jr., City Engineer
Attachments
cc: Water/Wastewater Superintendent
Assistant Water/Wastewater Superintendent
Alexander's Bakery
Baker's Dozen
Cottage Bakery (School Street)
APPROVED:
H. Dixon Flynn -- City Manager
CCPHBKRY.DOC / 02/28!96
0 MEMORANDUM, City of Lodi, .Public Works Department
To: Public Works Director
From: Assistant Water/Wastewater Superintendent
Date: January 8, 1996
Subject: Bakery Category for Lodi Municipal Code, 13.12, Sewer Service
On April 19, 1995, the City Council adopted a number of changes to the City's Sewer
Ordinance (Lodi Municipal Code Section 13.12). Wastewater discharges from
commercial establishments are estimated for billing purposes by factoring a "unit of
measure" to the number of employees, seats, or some other appropriate factor per
Lodi Municipal Code 13.12.180. Due to new wastewater flow and strength data from
bakeries, the unit of measure for Sewage Service Unit (SSU) determination for
bakeries was under review during the time of the Sewer Ordinance revision.
At the April 5, 1995 Council Meeting/Public Hearing, staff shared with the City
Council that wastewater discharges from bakeries needed further study and
evaluation, and the matter would be brought back to them at a future date. This
memo is the result of staffs further studies and evaluations of wastewater
discharges from bakery uses.
BACKGROUND:
In the past, most bakeries have been included in commercial Category No. 23, Lodi
Municipal Code (LMC) 13.12.180, along with offices, stores, warehouses; and other
users which typically discharge only restroom -type wastewater generated from
employees. Category No. 23 bases 1.0 SSU per each eight employees. Bakeries,
unlike typical users in Category No. 23, have been found to discharge significant
quantities of process wastewater in addition to employee restroom wastewater.
Bakeries which have restaurant/cafe type seating and bake for retail sale in the
store, have been. classified as Category No.15, Eating places, seating and take-out.
Category 15 bases 1.0 SSU per each 7 seats. A review of sewage service charges
for those establishments show them to be fairly assessed and no changes are
recommended.
Category No.17 was also used for a bakery in Lodi which had no seating, but only
counter sales. Category No.17 is for Eating places, take-out only, which assesses
1.0 SSU per each 5 employees.
In February, 1992, a new bakery -type operation, La Campana Foods, started up in
Lodi. La Campana Foods was classified as a High Strength User when starting
service with the City. La Campana Foods capacity fees and initial monthly sewage
service billings were based on their estimates of process wastewater flows and
HAW1MN0RDIFRANKI3AKMEMJR.D0C 118195
Memorandum, City of Lodi, Public Works Department
January 8, 1996
Page 2
strengths. After a year at full operation, the discharge was monitored for strength
and volume. The monitoring, performed from July 1994 through October 1994,
showed wastewater discharges that were magnitudes higher in strength than La
Campana had originally estimated.
It was then decided to also monitor other bakery operations for discharge flows and
strengths. To be monitored, the bakery had to have both a suitable location for
sampling and a separate water meter to estimate wastewater discharge volumes. In
addition to La Campana, bakeries meeting the criteria that were monitored (from
November 1994 through April 1995) were; Alexander's Bakery on Lodi Avenue,
Cottage Bakery on Neuharth Drive, and Cottage Bakery on School Street.
RESULTS AND RECOMMENDATIONS:
The results show wastewater discharges from these bakeries to be much higher than
from typical dischargers in Categories No. 15, 17, and 23. EXHIBITS Al and A2
summarize monitoring data, show calculated sewage service charges, and compare
discharges with the number of employees. Two of the bakery operations,
La Campana Foods and Cottage Bakery -Neuharth Drive have very high volume and
strength discharges which classifies them as High Strength Users per LMC 13.12.
(High Strength Users are charged by the actual quantity of wastewater discharges.
Normally at the end of each calendar year the wastewater discharges and the
number of employees from High Strength Users are used to calculate the monthly
sewage service charges for the following year. Any significant increases in
wastewater discharges or number of employees may also warrant additional
capacity fees at the current rate per LMC 13.12.215.C.)
Based on the data for the monitored bakery operations at which flow data and
process wastewater sampling could be performed, it is recommended that a new
commercial category for bakeries be established. Bakeries would be classified as
such if, for example, they produce for sale outside the bakery location, have little or
no seating, or monitoring warrants the category.
Although the actual monitoring data from the bakeries suggest 1.0 SSU per less than
0.5 employees may be warranted, it is conservatively recommended the 1.0 SSU per
1.0 employee be used (EXHIBIT B). Also shown in EXHIBIT B is the estimated
impact of this new category on monthly sewage service charges on the known
bakery operations in Lodi. Any business disputing the charges may request to have
their discharges monitored (LMC 13.12.260). (No additional capacity fees would be
charged existing bakery operations due an increase in SSU's caused only by the
conversion of SSU's to the new bakery category.)
Memorandum, City of Lodi, Public Works Department
January 8, 1996
Page 3
RECAP OF RECOMMENDED CHANGES:
Category No. 31 be added to LMC 13.12.180.C.2 to be called "Bakery".
The Unit of Measure for Category No. 31 be 1.0 SSU per 1.0 employee
Bakeries Affected by
New Bakery Category Current Monthly Rate New Monthly Rate
Alexanders $ 7.12 $ 56.96
Cottage Bakery -School St $ 21.36 $170.88
Bakers Dozen $ 7.12 $ 32.04
In November 1995 the bakeries listed above have been sent a copy of the
monitoring results which included the recommended changes and the corresponding
new monthly sewer rates. To date we have not received any negative comments
from the affected bakeries.
If you have any questions concerning the monitoring or our recommendations, call
me at Extension 443 or Laboratory Services Supervisor Mike Schafer at Extension
868.
Frank Beeler
Assistant Water/Wastewater Superintendent
FB/dsg
Attachments
cc: Water/Wastewater Superintendent
Laboratory Services Supervisor
City of Lodi, Public Works Department
Cottage Bakery - 40 E. Neuharth
BOD mg/L = 6550
SS mg1L = 1620
Est. Flow MGY` = 2.683 -
7M"/ MGY
BOD 1000 lbs = 6550 2.683
SS 1000 lbs = 1620 2.683
YEARLY SEWAGE SERVICE FEES:
Process Wastewater
Flow 2.683 MG
BOD 146.6 1000lbs
SS .36.2 1000lbs
Employee Usage /8 = SSU
No. Employees 95 11.875
Employees per SSU:
x 8.34
x 8.34
_/_1404
1000 =
10001 s
146.6
x 8.34
1000 =
36.2
x 8.34
$/Year
2.0
X
$411.02 =
$1,102.77
X
$201.14 =
$29,487.12
X
$164.42 =
X52.00
Process Wastewater Annual Total:
$36,541.89
$328.84
$/SSU
$2,227.50
X
$ 85.42 =
S1.014.36
Annual Total: $37,556.25
Annual $ $/Yr/SSU Employees Employees/SSU
$37,556.25 / 85.42 / 95 = 0.22
Estimated flow uses the metered intake and subtracts for employee usage. Irrigation, evaporation, and use to product (appy. 55%)
Cottage Bakery - School St.
BOD mg/L = 4060
SS mg/L = 920
Est. Flow MGY' = 0.264
msls MSS
BOD 1000 lbs = 4060 0.264
SS 1000 lbs = 920 0.264
YEARLY SEWAGE SERVICE FEES:
Process Wastewater
Flow 0.264 MG
BOD 8.9 1000lbs
SS 2.0 1000lbs
Employee Usage /8 = SSU
No. Employees 24 3.000
x 8.34
/1044
1000 lbs
x 8.34
1000 =
8.9
x 8.34
1000 =
2.0
$/Year
X
$411.02 =
$108.51
X
$201.14 =
$1,790.15
X
$164.42
$328.84
Process Wastewater Annual Total:
$2,227.50
$/SSU
X
$ 85.42 =
$256.26
Annual Total: $2,483.76
EXHIBIT A-1
Employees per SSU:
Annual $ $/Yr/SSU Employees Employees/SSU
$2,483.76 85.42 24 = 0.83
Estimated flow uses the metered intake and subtracts for employee usage, Irrigation, evaporation, and use In product (appx. 55%)
BAKERYSI.XLS 118/96
City of Lodi, Public Works Oepartment
Alexanders Bakery - Lodi Ave.
BOD mg/L = 1600
SS mg/L = 1020
Est. Flow MGY" = 0.64
Mg -/L MGY
BOD 1000 lbs = 1600 0.64
SS 1000 lbs = 1020 0.64
YEARLY SEWAGE SERVICE FEES:
Process Wastewater
Flow 0.64 MG
BOD 8.5 1000lbs
SS 5.4 1000lbs
Employee Usage /8 = SSU
No. Employees 8 1.000
x 8.34
11000
1000 lbs
x 8.34
1000 =
8.5
x 8.34
1000 =
5.4
ma/L MGY
Wear
5460 0.765
X
$411.02 =
.$263.05
X
$201.14 =
$1,709.69
X
$164.42
$887.87
Process Wastewater Annual Total:
$2,860.61
26.1 1000lbs
$/SSU
/8 = SSU
X
$ 85.42 =
$85.42
Annual Total: $2,946.03
Employees per SSU:
Annual $ $/Yr/SSU Employees Employees/SSU
$2,946.03 85.42 8 = 0.23
' Estimated flow uses the metered intake and subtracts for employee usage, evaporation, and use In product (no Irrigation). (appx. 60%)
La Campana
11444
1000 =
BOD mg/L =
5460
SS mg/L =
4090
Est. Flow MGY "=
0.765
ma/L MGY
BOD 1000 lbs =
5460 0.765
SS 1000 lbs =
4090 0.765
YEARLY SEWAGE SERVICE
FEES:
Process Wastewater
S4.291.36
Flow
0.765 MG
BOD
34.8 1000lbs
SS
26.1 1000lbs
Employee Usage
/8 = SSU
No. Employees
35 4.375
x 8.34
x 8.34
11444
1000 =
1000 lbs
34.8
x 8.34
1000 =
26.1
$!Year
X
$411.02 =
$314.43
X
$201.14 =
$6,999.67
X
$164.42 =
S4.291.36
Process Wastewater Annual Total:
$11,605.46
$/SSU
X
$ 85.42 =
$373.71
Annual Total: $11,979.17
Employees per SSU:
Annual $ $/yrISSU Employees Employees/SSU
$11,979.17 85.42 35 = 0.25
Estimated flow uses the metered Intake and subtracts for employee usage, Irrigation, evaporation, and use In product (appx. 55%)
EXHIBIT A-2
BAKERYSI.XLS 118196
EXHIBIT B
City of Lodi, Public -Works Department
SUMMARY:
Based on actual monitoring of discharges and comparing results with the number of employees.
(See Exhibits A-1 and A-2 for a more detailed breakdown.)
0 MO
Cottage Bakery - 40 E. Neuharth 0.22
Cottage Bakery - School St. 0.83
Alexanders Bakery - Lodi Ave. 0.23
La Campana 0.25
Average: 0.38 • employees per 1.0 SSU
• Equals appx. 2.6 SSU's per employee.
RECOMMENDATION:
It is conservatively recommended that a bakery category be based on:
1.0 Employees per 1.0 Sewage Service Units
IMPACT:
Alexanders
Cottage Bakery -School St.
Bakers Dozen
8
Number
Current
Recommended
$ 21.36
of
Rate
Rate
New Bakery Category
Employees
$ per Mo.
$ per Mo.
Alexanders
Cottage Bakery -School St.
Bakers Dozen
8
$ 7.12
$ 56.96
24
$ 21.36
$ 170.88
4.5
$7.12
$32.04
BAKERYSI.XLS 1/8/96
EXHIBIT 9
Additions are noted with Underline and Deletions with Strikpni,f
Lodi Municipal Code, Chapter 13.12
SEWER SERVICE
13.12.180.0
Domestic system service charges.
2. Commercial and industrial user sewage service charges shall be based on the number of
sewage service units assigned to each user. The unit of measure for determining the number
of sewage service units assigned to each user are as follows:
User Description
Unit of Measure
1.
Meeting place, religious
Each 200 seats
2.
Meeting place, public
Each 100 seats
3.
Hotel, motel without kitchenettes
Each 3 beds
4
Hotel, motel with kitchenettes
Each unit
5.
Veterinary clinic
Each 4 employees
6.
Post office
Each 15 employees
7.
Funeral parlor
Each 3 employees
8.
Service station with service garages
Each 2.5 pumps
9.
Service station without service garages
Each 7 pumps
10.
Car wash, automatic bay
20 SSU's per bay
11.
Car wash, self serve bays
2 SSU's per bay
12.
School, 8th grade and below
Each 20 students
13.
High school
Each 15 students
14.
Eating place, seating only
Each 10 seats
15.
Eating place, seating and take-out
Each 7 seats
16.
Eating place, "pizza parlor"
Each 35 seats
17.
Eating place, take-out only
Each 5 employees
18.
Lunch truck business
Each 5 employees
19.
Laundry, coin -op., reg. mach.
Each 1.5 machines
20.
Laundry, coin op., big mach.
Each machine
21.
Comm. laundry and dry cleaning
Each 3 employees
22.
Dentist's office
Each 5 employees
23.
Office, store, warehouse, manufacturer,
Each 8 Employees
doctors, chiropractors and X-ray
offices
24.
Grocery store, supermarket (having
Each 4 employees
veg/fruit or butcher/meat sections)
25.
Bar
Each 20 seats
26.
Barber, beauty shop
Each 3 workstations
27.
Hospital, convalescent home
Each 3 beds
28.
Rest and retirement home
Each 3 beds
29.
Mobile home park
Each 1.33 pads
30.
RV dump station
Each station
31.
Bakery
Each 1 employee
One sewage service unit shall be assigned to each unit of measure. Fees shall be based on a
minimum of one sewage service unit and fractions of sewage service units thereafter. At the
discretion of the Public Works Director, a commercial users service charges and/or capacity
fees may be based on actual wastewater discharge_q flews estimated by use of an influent
water meter or other appropriate means.
ORDINANCE NO. 1627
AN ORDINANCE OF THE LODI CITY COUNCIL
REPEALING AND REENACTING LODI MUNICIPAL CODE
CHAPTER 13.12, SECTION 13.12.180 - C. 2. RELATING TO DOMESTIC
SYSTEM SERVICE CHARGES
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1. Lodi Municipal Code Section 13.12.180
C. 2. - Domestic System Service
Charges - is hereby amended to read as follows:
2. Commercial and industrial user sewage service charges shall be based on the
number of sewage service units assigned to each user. The unit of measure for determining
the number of sewage service units (SSU) assigned
to each user is as follows:
User Description
Unit of Measure
1. Meeting place, religious
Each 200 seats
2. Meeting place, public
Each 100 seats
3. Hotel, motel without kitchenettes
Each 3 beds
4. Hotel, motel with kitchenettes
Each unit
5. Veterinary clinic
Each 4 employees
6. Post office
Each 15 employees
7. Funeral parlor
Each 3 employees
8. Service station with service garages
Each 2.5 pumps
9. Service station without service garages
Each 7 pumps
10. Car wash, automatic bay
20 SSU's per bay
11. Car wash, self -serve bays
2 SSU's per bay
12. School, 8th grade and below
Each 20 students
13.
High school
Each 15 students
14.
Eating place, seating only
Each 10 seats
15.
Eating place, seating and take-out.
Each 7 seats
16.
Eating place, "pizza parlor"
Each 35 seats
17.
Eating place, take-out only
Each 5 employees
18.
Lunch truck business
Each 5 employees
19.
Laundry, coin -op., reg. mach.
Each 1.5 machines
20.
Laundry, coin -op., big mach.
Each machine
21.
Comm. laundry and dry cleaning
Each 3 employees
22.
Dentist's office
Each 5 employees
23.
Office, store, warehouse, manufacturer,
Each 8 Employees
Doctor's, Chiropractor's and X-ray
offices
24.
Grocery Store, supermarket (having
Each 4 employees
veg/fruit or butcher/meat sections)
25.
Bar
Each 20 seats
26.
Barber, beauty shop
Each 3 workstations
27.
Hospital, convalescent home
Each 3 beds
28.
Rest and retirement home
Each 3 beds
29.
Mobile home park
Each 1.33 pads
30.
RV dump station
Each station
31.
Bakery
Each 1 employee
One
sewage service unit shall be assigned to each unit of measure. Fees shall be based on a
minimum of one. sewage service unit and fractions of sewage service units thereafter. At
2
the discretion of the Public Works Director, a commercial user's service charges and/or
capacity fees may be based on actual wastewater discharges estimated by use of an influent
water meter or other appropriate means.
Section 2 - No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3 - Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council hereby
declares that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 5 This ordinance shall be published one time in the "Lodi News Sentinel", a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect thirty days from and after its passage and approval.
Approved this day of , 1995
DAVID P. WARNER
Mayor
Attest:
JENNIFER M. PERRIN
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1627 was introduced at a regular meeting of the City Council of the City of Lodi held
March 6, 1996 and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held , 1996 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1627 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
JENNIFER M. PERRIN
City Clerk
Approved as to Form:
RANDALL A. HAYS
City Attorney
. j
CITY OF LODI NOTICE OF PUBLIC HEARING
Date: March 6, 1996
Carnegie Forum
' , • 305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333-6702
NOTICE OF CONTINUED PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, March 6, 1996 at the hour of 7:00
p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a
Continued Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider
the following matter:
a) Amending Lodi Municipal Code 13.12 (Sewer Service) to add "Bakery" to
commercial categories
All interested persons are invited to present their views and comments on this matter.
Written statements may be filed with the City Clerk at any time prior to the hearing
scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the Public Hearing described in this notice or in
written correspondence delivered to the City Clerk, P.O. Box 3006, at or prior to the Public
Hearing.
By Order of the Lodi City Council:
Jennifer rol. Perrin
City Clerk
Dated: February 21, 1996
Approved as to form:
r .c.
ohn Luebberke
Deputy City Attorney
JACITYCLRMFORMSINOTGEN.DOC 21121%
CITY OF LODI
P.O. BOX 3006
s LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: NOTICE OF CONTINUED PUBLIC HEARING SET FOR WEDNESDAY, MARCH 6,
1996 TO CONSIDER AMENDING LODI MUNICIPAL CODE 13.12 (SEWER
SERVICE) TO ADD "BAKERY" TO COMMERCIAL CATEGORIES
PUBLISH DATE: SATURDAY, FEBRUARY 24, 1996
TEAR SHEETS WANTED: ONE
AFFIDAVIT AND BILL TO:
DATED:
advins/forms
FEBRUARY 22, 1996
JENNIFER M. PERRIN
CITY CLERK
ORDERED BY:
LINDA S. NICHOLS
DEPUTY CITY CLERK
OF <O
� ODECLARATION OF MAILING
Continued Public Hearing - Sewer Service
On February 22, 1996 in the City of Lodi, San Joaquin County, California, I deposited in
the United States mail, envelopes with first-class postage prepaid thereon, containing a
copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed
as is more particularly shown on Exhibit "B" attached hereto.
There is a regular daily communication by mail between the City of Lodi, California, and
the places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 22, 1996, at Lodi, California.
Jennifer M. Perrin
City Clerk
Linda S. Nichols
Deputy City Clerk
decmail/forms
MAILING LIST
ALEXANDER'S BAKERY
1100 West Lodi Avenue
Lodi, CA 95240
BAKERS DOZEN
623 East Oak Street
Lodi, CA 95240
COTTAGE BAKERY
203 South School Street
Lodi, CA 95240
LODI DISTRICT CHAMBER OF COMMERCE
35 S. School Street
Lodi, CA 95240