Table of Contents ------ Introduction .................................................... .......... ............................................................................ 4 Authorization to City for Verification & Inspections ......................................................................... 4 Hours of Operation .............................................................................................................................. 5 Proposed Location .............................................................................. ................................................ 6 Location ............................................................................................................................................ 6 Ariel View of Location ..................................................................................................................... 6 Proposed Layout ..................................................................................... ......................................... 6 , Security Operational Plan ................................................................................................................... 7 Security Guard ........................................................ .. ....................................................................... 7 Security Measures ............................................................................................................................ 7 Automatic Law Enforcement Notification ................................................................................... 9 New Employee Screening Process .................................................................................................. 10 Application ........................... .. ........ ........... ................................. ~ ............... .................................... 10 Extensive Interview Process ...................................................................................................... 10 Probationary Training Period ........................ ...................... .. .................. ...................... ............ 10 Customer Check-In Procedures .............. ............ ............................................................................ 11 Medical Cannabis Patient Screening ..................................................................................... 11 Adult-Use Customers Screening .............................................................................................. 12 Record Keeping ................................................................................................................................. 12 Employees: Roles and Responsibilities ............................................................................................ 14 Job Titles and Descriptions ........................................................................................................... 14 General Manager ...... : ................. , ............................................................................................ 14 Inventory Manager ................................................................................................................... 14 Floor Manager ........................................................................................................................... 15 Shift Manager ............................................................................................................................. 15 Sales Clerk Consultants ............................................................................................................. 15 Receptionist ...... .. ....................................................................................................................... 15 Tracking and Inventory Control Procedures ............................................................................. ..... 16 Vendor Deliveries- Receiving Cannabis ........................................................................................ 17 Record Keeping Methods ................................................................................................................ 17 Diversion Prevention .......................................................................................................................... 18 Cash Handling -Sale to Deposits .................................................................................................... 18 Hirmez & Toma - 8290 Broadway- Cannabis Dispensary
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Customer Sales Transaction ......................................................................................................... 18 Cash Vault Transactions ............................................................................................................... 19 Bank Deposits ....................................... .............. .. .. .. .. ..................................................................... 19 Waste Disposal Plan ........................................................................................................................... 20 Waste Disposal Plan .............................. ...................................................................... ~ ................ 20 Emergency Response ....................................................................................................................... 20 Notifications of and Communications Regarding Emergency ............................................... 20 Readily Accessible Safety Routes ................................................................................................ 21 Evacuation Procedures ............................................................ .................................................... 21 Operating Standards ..... , .................................................................................................................. 21 ,
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Hlrmez & Toma - 8290 Broadway- Cannabis Dispensary
OPERATIONS MANUAL
Introduction
Rita Hirmez and Sabah Toma are applying for a conditional use permit for a medical and recreational cannabis dispensary at 8290 Broadway, Lemon Grove, CA 91945. At this time, they are applying as individuals. However, if permitted to move forward with the CUP process, Hirmez and Toma intend to form an entity in which they will be the two owners and all required corporate formation documents will be provided. For ease of reading, Hirmez and Toma will be collectively referred to as "Company" within this Dispensary Manual ("Manual").
Authorization to City for Verification & lnspeerions
Information Verification. The City of Lemon Grove, it agents, and employees afe hereby authorized to seek verification of the information provided by Company within its application.
Inspection o'f Premises. Company shall permit an inspection of the premises by city code enforcement officers, the San Diego Sheriffs Department staff, and any other employee of the City requesting / access for the purpose of verifying the information provided herein and for determining compliance with all applicable State and local laws and regulations, intluding the standards set forth in Lemon Grove Municipal Code section 17.32._City and Sheriff s~aft shall give Company reasonable notice of a scheduled inspection. Unannounced inspections of Company's dispensary shall only occur if City or , Sheriff staff have probable cause that Company is violating the law.
Further. where tt is necessary to make an nspecUon to enforce the provisions of the California Fire Code. or wl1ere a fire code official has reasonable cause to believe that there exists in a building or on any premises any conditions or violations of the Callfomia Are Code that rnake the bLiilding or prem1ses unsafe. dangerous or hazardous, the fire code official shall have the authority to enter the building or prem1ses at all reasonable times to inspect or to perform the duties 1mpqsed on tile tire code Official bv the Californ a Fire Code. If suc11 building or premises is occupied, the fire code official shall present credentials to Company and request entrv. If such building or premises Is unoccupied. the fire code official shall first make a reasonable effort to locate the owner. the owner's authorized agent or other person having charge or control of the building or prem1ses and request entry. If entry is refused. the fire code official has recourse to every remedy provided by law to secure entry.
Where a lire code o 1cial has nrst obtained a proper inspection warrant or otl1er remedy provided by law to secure entry, an owner. the owner's authorized agent 01 occupant or person having charge, care or control of the building. Company. or premises shall not fail or neglect. after proper request is made as herein provided, to permit entry therein by the fire code official for the purpose of inspection and examination pursuant to U1e California Fire Code.
During these inspections, City and Sheriff staff shall not retain information pertaining to individual customer records viewed during an inspection, and information related to individual customers shall not be made public.
Hirmez & Toma · 8290 Broadway- Cannabis Dispensary
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Inspection Requirements- Record Keeping. To successfully facilitate the inspection, Company shall maintain the following records:
> Client Records: A record of our medical marijuana clients. Such record shall include the following and shall be maintained for a two-year period or longer if required by State law:
o Qualified patient member's name, name of primary caregiver when appropriate, and name of licensed physician recommending use of medical marijuana for the member. > Medical Marijuana Records: Company shall keep a record of its medical marijuana transactions. The following records shall be maintained for a two-year period or longer if required by State law and labeling shall occur as specified: / o A record identifying the source or sources of all medical marijuana ,currently on the premises or that has been on the premises during the two-year period preceding the current date. The record shall include the name of the cultivator or manufacturer and the address of the cultivation or manufacturing location. o All medical marijuana at the premises must at all times be physically labeled with information that will allow for identification of the source of the medical marijuana. o All medical marijuana at the premises shall be physically labeled with the monetary amount to be charged.
> Financial Records: Company shall maintain records of all transactions involving money and/or marijuana occurring at the premises. Records shall be maintained for a two-year period preceding the current date or longer if required -by State law. > Employee Records: Company shall maintain a record of each employee/volunteer and director. The record shall include name and background check verification. Records shall be maintained for a two-year period following the end of an employee's employment or director's relationship with the.company or longer if required by State law. '
. Hours of Operation
Company intends to opera!e between the hours of 6am - 1 Opm, 7 days a week, as is permitted by the Lemon Grove Municipal Code and state law.
Hirmez & Toma- 8290 Broadway- Cannabis Dispensary
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Proposed L9cation
Location
Company is proposing a cannabis dispensary at the following location:
8290 Broadway
Lemon Grove, CA 91945
APN: 499-200-19-00
The property's zoning is heavy commercial. Cannabis dispensaries are expressly allowed in heavy commercial zones with a CUP. The property is located near an automobile repair shop and towing service company.
Ariel View of Location
Proposed Layout
As part of this CUP application submittal, Company has submitted an extensive architectural plan set. Please see the proposed site and floor plan attached to this submittal.
Hirmez & Toma- 8290 Broadway- Cannabis Dispensary
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l._e_s:urity Operational Plan
Security is a critical component of operating a compliant and safe Commercial Cannabis Business.
Company is dedicated to implementing the most efficient, well-rounded security measures to ensure safety for its employees, products, patrons and surrounding Lemon Grove neighborhood Security Guard
A security guard will be present during hours of operation. The guard on duty during will possess a valid Department of Consumer Affairs "Security Guard Card." All security guards will be trained and required to perform the following duties while.on duty, although this list is not all-inclusive:
Ensuring the safety of all personnel on the premises;
Preventing unauthorized individuals from entering and/or remaioing on the premises; Preventing any individuals under the age of 21 from entering and/or remaining on the premises;
Operating and monitoring the video surveillance camera systems; Operating and monitoring the security system;
Activating and deactivating the alarm system;
Ensuring that there is no cannabis, tob51cco and/or alcohol consumption on the premises or within 1 00 feet of the facility;
Requiring employees present their employee badges prior to entry; ' Ensuring that all visitors and non-employees sign-in and sign-out on the visitor log; Ensuring that all visitor~ are wearing a visitor badge; Assisting in security training and weekly reviews of security measures, plans and policies; Documenting any notable incidents that may occur;
Developing a close relationship with management and the Chula Vista Police Department; Ensuring that all employees leave safely after business hours; • Observing employee activities to prevent diversion and theft; · Observing the transfer of cash from the premises to vehicles and other cash handling procedures; and
Coordinating with other personnel and observing processes when cannabis goods are entering or exiting the premises.
Security Measures
The security measures shall include, but not be limited to, all of the following:
Hirmez & Toma - 8290 Broadway- Cannabis Dispensary
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(1) Individuals will be prevented from remaining on the premises of the facility if they are not engaging in activity expressly related to the operations of the facility. (2) Limited access areas are accessible only to authorized facility personnel. a. Main entrance keys will be held by the Director of the Dispensary; doors will remain locked after hours of operation.
b. The show room floor as well as the store room will be equipped with an automatic locking mechanism.
i. Key fobs will be issued to a limited number of authorized personnel that allowing them to open the main entrance into the showroom floor, aS' well as access to the store room, where all finished cannabis and cann~bls products will be held.
(3) Storing all finished cannabis and cannabis products in a secured and locked room, safe, or vault, and in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis used for display purposes, samples, or immediate sale. , a. All finished cannabis and cannabis products except for limited amounts used for display, purposes, samples, or immediate sale will be held in a locked and secured store room that will be accessible only by authorized personnel. b. Actions will be taken to notify appropriate law erlforcement authorities within 24 hours after discovering any of the following:
i. Significant discrepancies identified during inventory. ii. Diversion, theft, loss, or any criminal activity involving the facility or a facility agent.
iii. The loss or unauthorized alteration of records related to cannabis, registered qualifying customer~~ personal caregivers, or facility agents. iv. Any other breach ..of security.
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(4) Lighting will be installed ,to adequately light the exterior and interior of the Dispensary premises, in conforman9e with state regulations. Extensive lighting plans have been submitted with the CUP application submittal.
(5) This Dispensary will maintain a 24-hour recorded video surveillance of the Premises.
Recordings snail be retained for 30-days for inspection by City staff. Video surveillance will not be shared with law enforcement except when formally requested as part of a law enforcement investigation directly involving the Dispensary.
a. Each building entrance shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming cannabis on the Premises or in the vicinity of the Dispensary is prohibited.
b. The building entrance is clearly and legibly posted with a notice indicating that persons under the age of twenty-one (21) are precluded from entering the Premises, unless eighteen (18) or older with a valid physician's recommendation. c. Company shall not permit the use or consumption of cannabis on-site unless specifically authorized under the Conditional Use Permit. d. The on-site display of unprocessed cannabis plants or representations of cannabis plants in any areas visible to the public shall not be permitted.
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e. The distribution of cannabis plant material and cannabis manufactured products from licensed sources as allowed by the approved Conditional Use Permit will be permitted.
Automatic Law Enforcement Notification
(1) A centrally monitored alarm system will be installed which will monitor the entire facility, and include automatic law enforcement notification in the event of an emergency. a. In order to ensure automatic law enforcement notification emergency 'buttons' will be located at reception, behind the counter of the showroom floor, and in the store room .
b. If there is a breach in security (i.e. incorrect alarm code is entered; alarm is al_erted by intruder) the alarm will be set to automatically inform law enforcement of this security breach.
c. Guard on duty will be trained to immediately contact law enforcement in the event of a security breach or other serious violations of rules and regulations.
Hirmez & Toma- 8290 Broadway- Cannabis Dispensary
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New Employee Screening Process
Application
All applicants will be asked to submit a resume along with references. Only applicants who are the most qualified will be contacted for a follow-up interview.
When determining who is most qualified, Company seeks evidence of:
> Previous experience in the commercial cannabis industry or a similarly-regulated industry ~ > Strong work ethic;
> Passion;
> Team player;
> Integrity;
> Communication skills;
> Reliability.
Extensive Interview Process
The interview process will consist of interview by management _pnd owners.
Background Check
All applicants will obtain a Live Scan background check through the California Department of Justice or the San Diego County Sheriffs Department or Lemon Grove Police Department prior to employment.
Probationary Training Period
When an employee passes the application, interview, and background check processes, the new hire will shadow experienced ~mployees and/or management for one-on-one training and direct observation by Company t? ensure smooth on-boarding and employee's capabilities.
Hirmez & Toma - 8290 Broadway- Cannabis Dispensary
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Customer Check-In Procedures
Medical Cannabis Patient Screening
(1) Registration
a. Qualified patients and caregivers must present a valid California Identification Card along with a doctor's recommendation in their name for the use of medicinal cannabis. '
i. If the qualified patients or caregiver does not have a CaJifornia Identification Card the following documents will be a_ccepted:
1. A document issued by a federal, state, county, or municipal government, or a political subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator's license, that contains the name, date of birth, physical tlescription, and picture of the person;
2. A valid identification card issued to a member of the Armed Forces that includes a date of birth and· a picture of the person; or
3. A valid passport issued by the United States or by a foreign government.
b. Qualified Patients or caregivers· shall present a current and valid medical recommendation to use Medical Cannabis.
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(2) Validation
a. Patient or qualified caregiver identification is established by the presented California Identification or the supplemental identifying materials listed above.
b. When a pati.ent has a physician's medical recommendation with or without a Medica] Marijuana Identification Card (MMIC), our check-in staff verifies the recommending physician's medical license on the Medical Board of Caljfbrnia's website at
http://www.mbe.ca.gov/breezellicense verification.aspx to ensure the physician is licensed/registered in the State of California. All MMICs are verified on the California Department of Public Health's Medical Marijuana Program website at http://mmic.cdph.ca.gov/MMIC Search.aspx. (3) Record Retention
a. Check-in staff is required to keep a copy of every patient's provided government-issued identification and a copy of his or her provided physician's recommendation or MMIC within our point-of-sale software.
Hirmez & Toma - 8290 Broadway- Cannabis Dispensary
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Adult-Use Customers Screening
Upon entry into the reception area of the facility, each person must present valid government-issued identification to the check-in staff. Our check-in staff only accepts the following forms of identification:
• A document issued by a federal, state, county, or municipal government, or a political subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator's license, that contains the name, date of birth, physical description, and picture of the person;
• A valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture of the person; or
• A valid passport issued by the United States or by a foreign government.
The verification process is monitored by our security guard staff and security surveillance system. Our check-in staff verifies the provided identification by running it through our identification scanner. Our scanner verifies the authenticity of the identification. It also completes a data entry for each swipe, which includes the customer's name, the customer's age, identification and/or driver's license number, and customer's address.
Record Keeping
Company will maintain all records subject to Cal. Code Regs. tit. 16 § 5037 for a minimum of seven years. All other records will be maintained for a minimum of two years. (1) Acquisition of Medical Customer Records
a. Patients are asked to provide their original doctor's recommendation along with a current and valid form of California Identification on their first visit. , ' i. Once a patient has provided these records copies are made for later uploading into patient file and immediate verification of records. (2) Customer Information Retention
a. All customer information and records are entered into an online file that is accessed every time they make a purchase.
i. This also allows for monitoring of previous visits to ensure only one visit per day is made. All input of customer information occurs on two separate transactions: (1) initially, by the receptionist employee during identification verification procedures within our facility's waiting room; and (2) by our sales clerk consultants at the point of sale to input customer's purchase amount and items.
ii. Once the customer file has been completed, the copied documents are scanned and uploaded into the customer file that is connect to the Point Hirmez & Toma - 8290 Broadway- Cannabis Dispensary
OPERATIONS MANUAL
of Sale system, and all physical documents are shredded for proper disposal of customer records and pursuant of privacy standards.
1. All customer files and copies of files will be held in a file cabinet that can only be accessed by authorized personnel, until the records are properly uploaded onto online records.
2. All paper files and copies will be shredded upon completion of online record, in order to maintain customer privacy.
b. Client Records- The company shall keep a record of its clients. The record shall include the following:
i. Customer member's name, name of primary caregiver when appropriate, and name of Licensed Physician recommending use of mediqal cannabis for the member, if applicable.
ii. These records will be entered into an online database that will be attached to the Point of Sale.
1. Copies will be kept in a file cabinet only accessible to authorized personnel until they are uploaded ont~ online record.
2. All paper files and copies will be shredded upon completion of online record .
c. Financial Records- The company shall maintain records of all transactions involving money and/or cannabis occurring at the Premises. (3) Employee Records- The Company shall maintain a record of each employee/volunteer and Director. The record shall include name and background check verification.
(4) Customer Confidentiality
a. In accordance with the Heq.lth Insurance Portability and Accountability Act ("HIPAA") and the additional restrictions laid out in California's Confidentiality of Medical Information ~ct ("CMIA"), Company employees are prohibited from disclosing the following identifying information regarding our patients:
i. Names, identifying features, addresses, telephone numbers, email ' addresses, items purchased, and quantity purchased. t b. All information is retained within our online system which can only be accessed by authorized employees with the most current login information. To ensure maximum safety, our passwords will be changed often. The paper documentation ofthis information is kept in our limited-access Secure Storage room within a , locked file cabinet in which only authorized management shall have possession of the key.
c. All Company employees will be trained on our patient confidentiality policy, and will be required to sign a form declaring against information disclosure. The signing will occur after the employees have attended a patient confidentiality informational session hosted by our trained management personnel. Materials regarding HIPAA, CIMA, and best disclosure prevention practices will be given to our employees for reference during the course of his or her employment. d. Disclosure shall only be permitted with the consent of disclosure by the patient, or if otherwise required by law.
Hlrmez & Toma - 8290 Broadway- Cannabis Dispensary
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Employe~s~B_oles and Responsibilities
Company anticipates hiring approximately 14 employees, separate and apart from our owners and outside security personnel. This will include employment for the following positions:
reception, general management, sales management, inventory management, and sale consultants.
Generally, we will have two shifts, an opening shift and a closing shift, to cover our hours of operation. During business hours, generally 6 employees, in addition to 2 security personnel will be working on our premises. Our modern, clean, safe, and innovative commercial cannabis retail dispensary will offer an excellent opportunity for entry-level and experienced employees within the local community.
Job Titles and Descriptions
General Manager
The General Manager will manage the day-to-day operations of Mr retail business. This includes ensuring that all managers and employees are operating in acc'Ordance to our company policies and practices, that are business operations are consistently in compliance, that all of our records are being inputted and organized correctly, and that all customer concerns and issues are appropriately addressed. '
Additional duties include:
• Training and hiring staff; ,
• Opening and closing;,
• Ordering and purchasing inventory;
• Monitoring the sales floor;
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• Reviewing new products with distributors;
• Cast! management;
• U'pdating online website;
~ Intake of inventory deliveries; and
• Communicating with owners and management daily regarding progress of sales and staff.
Inventory Manager
The Inventory Manager will have the primary responsibility of managing and overseeing all inventory storage and tracking at our facility. This includes working with our inventory software, physical inventory and overseeing all employees responsible for inventory management. This position will be Hlrmez & Toma- 8290 Broadway- Cannabis Dispensary
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responsible for performing weekly and monthly inventory counts and monthly and annual audits with a CPA.
Floor Manager
Our Floor Manager positions will be the management position above a shift manager. The Floor Manager will oversee shift managers and retail employees and ensure that all day-to-day operations are being handled according to our company's policies and practices.
Shift Manager
The Shift Manager position is our lowest level of management and will work directly with the day-today operations of our retail employees. A shift manager's duties will consist of the following:
• Opening and closing;
• Inputting inventory into our point of sale system;
• Monitoring the sales floor;
• Handling customer concerns;
• Intake of inventory deliveries;
• Cash management; and
• Updating online website.
Sales Clerk Consultants
Sales Clerk Consultants will bEHesponsible with educating customers on our products and providing sales transactional services. This will include:
• Providing product information and product recommendation to customers; '
• Mairttaining and organizing display of products;
• Logging defective products;
• Re-verifying customer's age during checkout;
• Aware of and implementing our counterfeit policies; and • Providing a welcoming and friendly atmosphere for customers.
Receptionist
Our receptionists will be responsible for the following:
Hirmez & Toma - 8290 Broadway- Cannabis Dispensary
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• Greet customers;
• Conduct check-ins;
• Answer phone calls;
• Perform administrative duties;
• Stock supplies in restroom;
• Monitor the flow of traffic in lobby and retail sales floor; • Maintain cleanliness and organize working space; and
• Verify and validate identification and age.
Tracking and Inventory Control Procedures ------------------- This company will use a point-of-sale commercial cannabis tracking software, which will be compatible and consistent with the State of California's Metre® Track and Trace System. The software will encompass a dispensary point-of-sale solution that was designed specifically for licensed commercial cannabis businesses. The software will- consist of many advanced features that assists business owners in staying organized and compljant. The software will track products, sales, waste and destruction, along with monitoring a customer's purchase limits. The software will have the ability to scan a customer's government-issued rdentification and input their information within their own customer profile in a single action. It also will have inventory management capability, automatically report required data to the State's system, and implement industry-leading security standards. All employees at this company will receive thorough training on how to efficiently and appropriately use the software before starting his or her first shift at our dispensary to ensure that our business's compliance is never jeopardized.
The company will comple~e an inventory audit and reconciliation as required, in which our software and Metre® are com'pared and reconciled. Following this initial audit, a physical count of all products will be completed' and overseen by our inventory manager. If at any point our audits reflect a discrepancy, this company will formally investigate to determine the issue's cause and source. The investigation may include reviewing data inputs on the tracking software, reviewing video surveillance recprds, security keypad entry/exit times, and other methods. If theft or diversion is found, the company shall report it to State licensing agencies and the City of Lemon Grove as required .
There are a variety of measures the company will implement to ensure none of our products will be subject to theft or diversion. First, the company's security plan consists of mandatory responsibilities of its security personnel and employees that require close surveillance of any suspicious activity, along with a trusted reporting system in case such activity is discovered. Our state-of-the art security equipment will also permit us to monitor our employee and customer flow.
Second, our tracking software will have a great tracking and inventory management system that traces all products we receive, sell, return and destroy. All products that are in the custody of the company are strictly required to be inputted to our system in an expeditious manner. The company Hirmez & Toma - 8290 Broadway- Cannabis Dispensary
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will also have an experienced inventory manager that will implement and oversee smart practices in conducting physical audits and maintaining an organized, efficient system. The company will also consistently reinforce to its staff the importance of the integrity of our business and how the prevention of cannabis diversion is a major way in which we can maintain such integrity.
Company shall only receive cannabis and cannabis products from other licensed commercial cannabis businesses. The ownership and management team is responsible for licensee verification.
Vendor Deliveries- Receiving Cannabis
Cannabis goods transported by a licensed distributor shall be received approximately one hour before our retail store opens to the public. The inventory manager, along with security personnel, will greet the licensed distributor and ensure the licensee is who is expected. Then, the inventory manager shall unlock the secure door into our facility that will lead to our secured storage room. The inventory manager shall check the shipping manifest against the cannabis goods received to ensure that all goods and quantities listed on the shipping manifest were delivered. Any discrepancies between cannabis goods and/or cannabis quantities that are listed on the shipping manifest but have not been received will be noted on the shipping'manifest. The inventory manager and distributor will sign off on the shipment, and then the distrioutor will leave the premises. The goods shall then be subject to our quality assurance review fn which our employees will physically inspect that the cannabis goods are not damaged, hav~ compliant labeling and packaging, and are not expired. After our physical inspection is conduct~d, the inventory manager will enter the goods received into our inventory tracking system. Company shall generally receive shipments twice per week.
Inventory will be stored in the limited-access storage room. Cannabis goods that must be refrigerated at 41 o or below will be secvrely stored in a refrigerator in the Secure Office located within the dispensary building. Company will use a first-in-first-out approach to ensure our cannabis goods are fresh and move througl'l inventory and sales efficiently. Only managers have keys to the secure storage room, and the)nventory manager works in this room during hours of operation.
Company is committed to only working with licensees who are in full compliance with local and State laws and regu1ations. Because of this, all licensed distributors we engage will use vehicles that are equipped w.itli a secure, enclosed box for all cannabis and cannabis goods, equipped with an alarm system,. and equipped with a GPS system.
Record Keeping Methods
The company will maintain its records in accordance with all applicable local and state laws and regulations, along with best industry practices. All employees will be sufficiently trained on the applicable laws, regulations, and company policies regarding accurate record keeping.
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The company will maintain accurate books and records in an electronic format detailing all the revenues and expenses of the dispensary, and all of its assets and liabilities. In addition to the detailed financial reporting, the company will also maintain an inventory tracking and control system capable of accurately documenting the present location, amounts, and descriptions of all cannabis products up until the point-of-sale. The company will also maintain and update a register of anyone owning an interest in the dispensary, as well as a register of all owners, officers, managers, employees, and agents of the retail storefront. Included in this register will be the most recently updated contact information of each individual or entity including their address and telephone number.
' Finally, if the City should request to see any records that the company is required to keep, the company will provide access to those records subject to any restrictions provided by·law, or under the Confidentiality of Medical Information Act and Health Insurance Portability and Accountability Act. The company understands that there is generally a twenty-four (24) hour window in which to comply with such requests. These records which are requested an~ maintained by the City, whether for audit purposes or otherwise, will be kept as required and can be made available to appropriate City officials upon request, with the exception of medical records. The company understands the recordkeeping policies and regulations that it is required to abide by in the City of Lemon Grove and will have no problem complying fully with its obl)gations.
Diversion Prevention
There are a variety of measures the company will implement to ensure none of our cannabis or cannabis products will be subject to theft or diversion. First, the company's security plan consists of mandatory responsibilities of its security personnel and employees that require close surveillance of any suspicious activity, along with a trusted reporting system in case such activity is discovered.
Our state-of-the art security equipmert'will also permit us to monitor our employee and customer flow. Second, our tracking softwar~ will have a great tracking and inventory management system that traces all products we rece,ive, sell, return and destroy. All products that are in the custody of the company are strictly required to be inputted to our system in an expeditious manner. The company will also have an experienced inventory manager that will implement and oversee smart practices in conducting physical audfts and maintaining an organized, efficient system. The company will also consistently reinforce' to its staff the importance of the integrity of our business and how the prevention of c~nnabis diversion is a major way in which we can maintain such integrity.
Cash Handlin_g- Sale to Deposits
Customer Sales Transaction
In order to ensure honesty, efficiency, and safety within our cash handling processes, Company's employees will be properly trained on all cash handling procedures. All cash register Hirmez & Toma - 8290 Broadway- Cannabis Dispensary
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drawers will only be permitted to contain $5000.00 at all times. This is to lower the risk of damage in the case of a robbery. All sales clerk consultants will start with their own cash drawer at the beginning of their shift that shall contain $200.00. Prior to accepting payment from a customer, all sales consultants will verify that the money is not counterfeit in accordance to Company's Counterfeit Money Policy. At the end of sales consultant's shift, the employee will take that drawer with them to the on-site manager. The manager will then be responsible for verifying and recording the cash amount in comparison to the point-of-sales information for that employee's shift. This will ensure honesty from all employees. If there is a discrepancy greater than $10.00, that employee will be confronted about the discrepancy. If there is no discrepancy greater than $10.00, the manager will store the cash in accordance with the cash vault transaction procedures below.
Cash Vault Transactions
Company will have a designated vault storage for all cash holding purposes. This vault will be within a secure storage room on our premises that will only be accessi,ble by authorized employees and security personnel. Access to the vault will be restricted to authorized management only, and only those individuals will have the proper keys and acce~s codes to obtain access. We will require special record keeping for all cash vault transactions. ' Management, after the proper verification of the 9ash amount and authenticity, must input the following information without our database: the manager's name conducting the transaction; the amount of cash being inserted; the date of the deposit; and the manager's signature. All transactions will then be reviewed by an owner or high-level manager.
Whenever cash is to be taken ~ut of the cash vault storage, similar procedures are followed.
Only management, with prior authori~ation from an owner, shall be authorized to withdraw cash from the vault for any proper, specified .reason. The information recorded for the withdrawal shall include the following: prior authorizatiot:l information from an owner or high-level manager; the name of the manager conducting the transaction; the amount of cash being withdrawn; the date of the withdrawal; and the manager's signature. All transactions will be reviewed by an owner or high-level manager to ensure that they were conducted in accordance to instruction. During all cash vault transactions, security' personnel will monitor the entrance of the secured room to increase security and safety during this process.
Ban~ Deposits
Owners shall be responsible for bank deposit transportation. Such transportation will occur outside of business hours. Owners will use personal vehicles for transportation. The cash will be enclosed in a secured vault during transportation. Security personnel will monitor the loading and departure of all bank deposit transactions.
Hirmez & Toma - 8290 Broadway- Cannabis Dispensary
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Waste Disposal Plan
Waste Disposal Plan
(1) Raw cannabis related Wastes
(a) There should not be any raw cannabis flower ("Flower") related waste as all product is required to be delivered by the distributor pre-packaged. The California regulations allow limited packages of Flower to be opened and displayed so long as it is included in the, track and trace program and discarded afterword ("Display Flower"). The Display Flower shall be logged into the POS system and prepared for destruction and disposal as follows: (i) Cannabis goods are removed from the original packaging and placed in a secured waste receptacle labeled "Destroyed Cannabis Goods," which is stored in the Secure Office within the dispensary building; (ii) the Destroyed Cannabis Goods receptacle is separately locked; (iii) when the receptacle is full, the operator will self-haul the destroyed cannabis to a licensed waste facility, obtain a weight receipt, and log the necessary information. (3) Other Chemicals
(a) All chemicals shall be stored in a manner, method, and location that ensure there is no threat of discharge to waters of the state.
(c) Products shall be labeled properly and applied according to the label. (d) Have proper storage instruction posted at all times in an open and conspicuous location.
Emergency Response --=--- ..i.- ----------
Company's emploY,ment team will be prepared for any emergency situation that may arise, including but not limited to, fire, robberies, shootings, theft, severe weather, and violent incidents.
Notifications of and Communications Regarding Emergency Upon the occurrence of an emergency, the following must be notified: on-site management, on-site security personnel, and the Sheriff Department. In the event of immediate threat or harm, employees are to call Sheriff emergency services prior to engaging in any other activity. Once the event has been addressed, employees are required to provide a brief of the incident to on-site management. On-site management is then required to provide this brief to Company owners. Onsite management is required to document the incident in detail. All emergency incidents will be subsequently assessed. Our facility will then amend our operations in any way feasible to reduce the possibility of reoccurrence.
Hirmez & Toma - 8290 Broadway- Cannabis Dispensary
OPERATIONS MANUAL
Readily Accessible Safety Routes
Our facility offers a safe and easily accessible location for emergency responders. Under no circumstances will any materials or structures block entry driveways or entrances to our facility.
Evacuation Procedures
Should an emergency situation arise that requires the evacuation of the facility, such as fire, robbery, violent incident, intruder, or hazardous/toxic air or materials, the following procedures ar~ to be followed:
• Sheriff Department must be notified;
• Employees must cautiously assist customers and other employees towards a safe facility exit, if possible;
• Employees are to ensure customers and employees l~ave the premises for secure grounds during the entire duration of the emergency;
• Employees are to communicate with emergencyTesponders to familiarize them with the emergency and source of it;
• Employees are to abide by the direction ,of emergency responders; and • Incident is to be reported and recorded within our records.
Operating Sta nd_a--1.- r_d_s _____ _
In addition to comRiying with any conditions included in an approved conditional use permit and the provisions contained in this operations manual, Company plans to operate a dispensary that is compliant with all requirements laid out in Section 17.32.090(C)(7) of the City of Lemon Grove Municipal Code. This compliance includes, but is not limited, to the following:
'
(1) Dispensing cannabis to a customer more than once a day is prohibited; (2) Dispensaries shall only dispense medical cannabis to an individual qualified patient or primary caregiver who has a valid, verified licensed physician's recommendation, and if appropriate, a valid primary caregiver designation.
The dispensary shall verify that the licensed physician's recommendation is current and valid;
Hlrmez & Toma - 8290 Broadway- Cannabis Dispensary
OPERATIONS MANUAL
(3) On-site evaluation by a licensed physician for the purposes of obtaining a qualified status is prohibited;
(4) Dispensaries shall display the client rules and/or regulations in a conspicuous place that is readily seen by all persons entering the dispensary. The client rules and/or regulations shall include, but are not limited to:
a. Each building entrance to a dispensary shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming cannabis on the premises or in the vicinity of the dispensary is prohibited unless specifically authorized within the governing conditional use permit. b. The building entrance is clearly and legibly posted with a notice indicating criteria for entering the premises.
c. The hours of operation for an authorized dispensary shall be limited to between six a.m. to ten p.m. or as specified within the conditional use permit. d. Dispensaries shall not permit the use or consumption of cannabis on-site unless specifically authorized under the conditional use permit. e. Dispensaries shall not permit the on-site display of unprocessed cannabis plants or representations of cannabis plants in any areas visible to the public; f. All signage for dispensaries shall require a sign permit from the city prior to installation. Signage shall not include any terminology (including slang) or symbols for cannabis.
g. Dispensaries shall only permit the distribution of cannabis plant material and cannabis manufactured products from licensed sources as allowed by the approved conditional use permit.
(5) Dispensaries shall maintain on the premises an on-site training curriculum capable of meeting employee, agents and volunteer training needs. The minimum training curriculum shall include professional conduct, ethics, and state and federal laws regarding patient confidentiality; specific procedural instructions for responding to an emergency, including robbery or violent incident.
(6) Dispensaries shall maintain all necessary permits, and pay all appropriate taxes. Dispensaries shall also provide invoices to cultivators and manufacturers to ensure tax liability responsibility;
(7) Dispensaries shall implement procedures as outlined in their approved operations manual;
Hirmez & lorna - 8290 Broadway- Cannabis Dispensary
OPERATIONS MANUAL
(8) Dispensaries shall submit an "annual performance review report" for review and approval by the Community Development Department. The "annual performance review report" is intended to identify effectiveness of the approved conditional use permit, operations manual, and conditions of approval, as well as any proposed modification to procedures as deemed necessary. The Manager of the Community Development Department may review and approve amendments to the approved "operations manual"; and the frequency of the "annual performance review report." Cannabis cultivation and dispensing monitoring review fees pursuant to the current Master Fee Schedule shall accompany the "annual performance review report" for costs associated with the review and approval of the report.
(9) Dispensaries shall maintain twenty-four-hour recorded video surveillance of the premises. Recordings shall be retained for 90 days for inspection by city staff. City staff must provide valid cause for viewing video surveillance. City staff must ensure that customer privacy is safeguarded. Video surveillance will not be shared with law enforcement except when formally requested as part of a law enforcement investigation directly involving the dispensary.
(1 0) Sales of alcoholic beverages are prohibited.
(11) Sales of tobacco and tobacco products are prohibited. (12) Sales of drug paraphernalia are prohibited.
(13) The location of the dispensary shall include the installation of a centrally monitored alarm system
(14) Lighting shall be installed to adequately light the exterior and interior of the dispensary premises while in conformance with Section 17.28.080. (15) Licensed External Source. Company shall source our cannabis from licensed distributors and microbusinesses authorized to engage in distribution that have obtained a licensed from the State and respective local jurisdiction.
Hirmez & Toma - 8290 Broadway- Cannabis Dispensary
OPERATIONS MANUAL
EDCO Two-Year Rate Schedule
May 2, 2023
Page | 1
CITY OF LEMON GROVE
CITY COUNCIL
STAFF REPORT
Item No. 4
Meeting Date: May 2, 2023
Submitted to: Honorable Mayor and Members of the City Council Department: City Manager’s Office
Staff Contact: Lydia Romero, City Manager [email protected]; Christian Olivas, Management Analyst [email protected] Item Title: Resolution Affirming Limitations on the Two-Year EDCO Corporation Rate Schedule
Recommended Action: Adopt a Resolution (Attachment A) affirming a maximum two-year EDCO Rate Limitation for FY 2023-24 and 2024-25.
Summary: The purpose of this agenda item is to present a resolution that affirms a new two-year EDCO Rate ceiling for Fiscal Years 2023-24 and 2024-25. The background and discussion sections below provide information regarding the ECDO rate structure.
Background: EDCO, a local company headquartered in Lemon Grove, is a regional company with solid waste operations throughout Southern California. EDCO provides solid waste disposal services to Lemon Grove residents under a franchise granted by the City Council in 1978.
EDCO utilizes a two-year rate structure to help even out increases for residential and commercial customers. The current rate schedule, affirmed by resolution, is in effect through June 30, 2023.
Discussion:
Earlier this year, city staff met with EDCO staff to review their request to increase the maximum waste collection and recycling rates from July 1, 2023 through June 30, 2025.
In summary, EDCO requests that the basic residential service rate increase from $27.57 to $29.80 per month; a $2.23 monthly increase. The basic residential service includes curbside refuse, recycling and organics collection, as mandated by state law. Commercial rates for the most common type of service, a three cubic yard bin serviced once weekly, would increase from $122.57 per month to $131.29 per month; a $8.72 increase per month. State mandated commercial organics recycling services is billed separately, at an additional cost of $92.59 for a 65 gallon cart serviced once weekly.
EDCO Two-Year Rate Schedule
May 2, 2023
Page | 2
The following table identifies the proposed EDCO rates for the next two years (July 1, 2023 through June 30, 2025) for all EDCO services:
Service
Current
Rate
Proposed
Rate
Actual
Increase
Percent
Increase
Basic Residential Service (recycling,
green waste, & refuse)
$27.57 $29.80 $2.23 8.1%
Additional Cart Service $3.14 $3.14 $0.00 0.0%
Senior Residential Service (seniors
62+ with income under $30,000)
$22.06 $23.84 $1.78 8.1%
Silver Bag Service (seniors 62+) $3.84 $4.15 $0.31 8.1% 3-yard bin once per week $122.57 $131.29 $8.72 7.1%
3-yard bin twice per week $206.94 $221.65 $14.71 7.1%
3-yard bin three times per week $291.33 $312.04 $20.07 7.1% 3-yard bin four times per week $375.70 $402.41 $26.71 7.1% 3-yard bin five times per week $460.09 $492.80 $32.71 7.1% 3-yard bin six times per week $544.45 $583.16 $38.71 7.1% EDCO’s Solid Waste and Recycling Services Agreement with the City allows for annual rate adjustments. However, any adjustment to the rate structure must be based on changes in the Consumer Price Index (CPI) and tipping fees. The City Council, having granted EDCO its exclusive franchise, can place limitations on EDCO’s rates, so that the public is charged a competitive rate. The Resolution establishes the maximum rate that EDCO can charge during the two fiscal years. EDCO has the right to charge up to the maximum rate, but cannot exceed that rate. Under its franchise, EDCO has the right to set rates within the limits set out by the City Council.
There are various cost factors that have impacted the solid waste industry, including EDCO. The primary factors contributing to the increased rates include landfill tipping fees, cost of fuel and labor, cost to comply with state regulations, and the loss in offsetting revenue from the sale of recycled materials overseas due to the poor market conditions for recycling commodities. Thus, there has been a higher than projected increase to the CPI. As a result, EDCO is requesting that the City Council raise the ceiling placed on its solid waste rates and the state mandated organics recycling. However, because the City has granted a franchise to EDCO to collect solid waste, recycled goods and other green waste within the City of Lemon Grove, the City Council has the right to set the maximum rate that the private contractor can charge for its services.
The proposed rate schedule reflects both the increase in service costs, as well as the anticipated revenue from recyclable materials diverted through the City’s Assembly Bill (AB) 939 programs. That revenue absorbs a portion of the cost increases, keeping fees lower than they would be without the resale of the recycled materials. In addition to collection service costs, the fees also include tipping fees, AB 939 fees, and the franchise fee.
EDCO Two-Year Rate Schedule
May 2, 2023
Page | 3
Environmental Review:
Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: The rate increases will not have a significant impact on the city’s general fund budget.
Public Notification: None.
Staff Recommendation: Staff recommends that the City Council adopt the Resolution affirming the two-year EDCO Rate Limitation for FY 2023-24 and 2024-25.
Attachments:
Attachment A – Resolution, including Exhibit 1
EDCO Two-Year Rate Schedule
May 2, 2023
Page | 4
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LEMON GROVE,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE FRANCHISE
AGREEMENT WITH EDCO CORPORATION TO AFFIRM THE
MAXIMUM RATE LIMITATION FOR FISCAL YEARS 2023-24 AND 2024- 2025
WHEREAS, on May 4, 2021, the City Council adopted Resolution No. 2021-381, a Resolution of the Lemon Grove City Council affirmed a two-year service rate schedule for EDCO Disposal to provide Residential and Commercial Waste Collection and Recycling Services; and
WHEREAS, EDCO Corporation is the City of Lemon Grove’s franchisee for solid waste collection and recycling services; and
WHEREAS, a franchise agreement exists between the City of Lemon Grove and EDCO Disposal for providing waste collection and recycling services; and WHEREAS, under the franchise agreement, the City Council has the right to approve the maximum rate that EDCO may charge for its services; and WHEREAS, EDCO has been operating under the same City Council approved rate ceiling since 2021; and
WHEREAS, EDCO has provided the City with a proposed service rate schedule for the upcoming two fiscal years; and
WHEREAS, to the extent that this resolution is determined to have resulted in the imposition of any fees, rates, or charges for services or facilities in connection with the solid waste system providing services within the City’s territorial limits, those charges are adopted pursuant to California Health and Safety Code section 5471.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lemon Grove, California that the foregoing recitals are true and correct; and:
1. Establishes a maximum two-year EDCO rate schedule, including organic recycling mandate, for Fiscal Years 2023-24 and 2024-25, listed as Exhibit 1.
2. Repeals any previously adopted resolutions in conflict with the terms of this resolution.
EDCO Two-Year Rate Schedule
May 2, 2023
Page | 5
Attachment A
PASSED AND ADOPTED on ______, 2023, the City Council of the City of Lemon Grove, California, adopted Resolution No. 2023- _______, passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Racquel Vasquez, Mayor
Attest:
__________________________
Deborah Harrington, Interim City Clerk
Approved as to Form:
_________________________
Kristen Steinke, City Attorney
EDCO Two-Year Rate Schedule
May 2, 2023
Page | 6
Exhibit 1
EDCO BIENNIAL RATE INCREASE
(July 1, 2023 through June 30, 2025)
Adoption of Ordinance No. 33
May 2, 2023
Page | 1
LEMON GROVE SANITATION
DISTRICT
DISTRICT BOARD
STAFF REPORT
Item No. 5
Meeting Date: May 2, 2023
Submitted to: Honorable Chair and Members of the District Board Department: Sanitation District
Staff Contact: Izzy Murguia, Public Works Director
[email protected]
Kristen Steinke, City Attorney, [email protected]
Item Title: Second Reading and Adoption of Ordinance No. 33 Amending Ordinance No. 32 Describing Methods for Calculating Lemon Grove Sanitation District Sewer Service Charges
Recommended Action: Introduce for its second reading, by title only, and adopt Ordinance No. 33 entitled “An Ordinance Amending Ordinance No. 32 of the Lemon Grove Sanitation District Describing Methods for Calculating Sewer Service Charges.” Summary/Discussion: At the District Board meeting on April 18, 2023, the Board conducted a Public Hearing and introduced Ordinance No. 33 entitled “An Ordinance Amending Ordinance No. 32 of the Lemon Grove Sanitation District Describing Methods for Calculating Sewer Service Charges.” This ordinance establishes rates and methods of calculating annual sewer service charges for Fiscal Years 2023-24 through 2027-28.
There were three (3) public speakers.
Vote at first reading: AYES: MENDOZA, SNOW, VASQUEZ
NOES: LEBARON
ABASTAINED:
ABSENT: GASTIL
DISQUALIFIED:
This item continues the ordinance adoption process by recommending the second reading, by title only, of Ordinance No. 33. If adopted, the proposed sewer rates for Fiscal Year 2023-24 through Fiscal Year 2027-28 will take effect July 1, 2023.
Adoption of Ordinance No. 33
May 2, 2023
Page | 2
Environmental Review:
Not subject to review Negative Declaration
Categorical Exemption, Section Mitigated Negative Declaration Fiscal Impact: There is no direct fiscal impact associated with this item.
Public Notification: An ordinance summary notice was published in the East County Californian on Friday, April 28, 2023. A certified copy of this Ordinance will also be posted in the Office of the City clerk in accordance with Government Code section 36933.
Staff Recommendation: Introduce for its second reading, by title only, and adopt Ordinance No. 33 entitled “An Ordinance Amending Ordinance No. 32 of the Lemon Grove Sanitation District Describing Methods for Calculating Sewer Service Charges.” Attachments:
Attachment A – Ordinance No. 33 entitled “An Ordinance Amending Ordinance No. 32 of the Lemon Grove Sanitation District Describing Methods for Calculating Sewer Service Charges” (Redline)
Attachment B – Ordinance No. 33 entitled “An Ordinance Amending Ordinance No. 32 of the Lemon Grove Sanitation District Describing Methods for Calculating Sewer Service Charges” (Clean)
Adoption of Ordinance No. 33
May 2, 2023
Page | 3
ATTACHMENT A
ORDINANCE NO. 33
AN ORDINANCE AMENDING ORDINANCE NO. 32 OF THE
LEMON GROVE SANITATION DISTRICT
DESCRIBING METHODS FOR CALCULATING SEWER
USE CHARGES
The Board of Directors of the Lemon Grove Sanitation District does ordain as follows:
SECTION 1. Ordinance No. 32, Article III shall be amended to read as follows:
ARTICLE III
SEWER SERVICE CHARGES
SECTION 30. ESTABLISHMENT OF SEWER SERVICE CHARGE. There is hereby levied and assessed upon each premise within the district that discharges sewage into the sewer lines of the District and upon each person owning, letting or occupying such premises an annual sewer service charge.
The annual sewer service charges are designed to recover the cost of ongoing sewer operations, required improvements to the sewer system, and repair and replacement of existing sewer system assets. In general, these costs include, without limitation, (1) the District’s annual cost to provide customer service functions and collect and transport wastewater, (2) the District’s annual cost for wastewater treatment and disposal as fees paid to the City of San Diego for capacity and use of the San Diego Metropolitan Sewer System, and (3) the District’s share of the regional Pure Water San Diego Program. Total annual costs are allocated to users of the District’s system by classification of type of property (“customer class”) based on the number of accounts, volume of wastewater, and constituent levels of sewer strength discharged into the sewer system, as measured by milligrams per liter (mg/l) of biochemical oxygen demand (BOD) and suspended solids (SS).
The structure of the annual sewer service charges uses a combination of equivalent dwelling units (EDU) for residential users and volume-based rates for commercial users. Residential users are one (1) EDU per dwelling unit. The annual sewer service charges for each residential user shall be a flat rate per EDU and not based on water usage. Commercial users are grouped based on their estimated sewage strengths into three (3) classes of users (low, medium, and high) strength.
Each commercial customer shall be charged for sewer service based on water usage. Potable water delivered through the water meter shall be used to estimate the volume of wastewater discharge for commercial customers. Each year, 100% of the property’s bi-monthly metered water usage records from Helix Water District for a recent 12-month period shall be used to estimate the volume of wastewater and determine the upcoming year’s annual sewer service bill unless Adoption of Ordinance No. 33
May 2, 2023
Page | 4
the discharger or legal owner presents evidence to the contrary, and this evidence is satisfactory to the District Engineer (or designee). The District Engineer (or designee) may adjust the user’s annual sewer service bill in proportion to the estimated volume of wastewater discharged to the sewer. See Section 30.4 for Appeal process.
Where metered water usage data is unavailable for a commercial parcel connected to the sewer system (and for parcels newly connected), the volume of sewer discharge for the parcel will be estimated using (1) permit records, (2) the average commercial volume of sewer discharge, or (3) other estimation method as determined by the District Engineer (or designee) unless the discharger or legal owner presents evidence to the contrary and this evidence is satisfactory to the District Engineer (or designee). The District Engineer (or designee) may adjust the user’s annual sewer service bill in proportion to the estimated volume of wastewater discharged to the sewer. See Section 30.4 for Appeal process. The estimated volume of wastewater discharge shall be used for the calculation of the sewer service charge until 12 months of consecutive metered water usage records is collected. For this ordinance, the average commercial volume of sewer discharge per account is 3,248 cubic feet per month (6,496 cubic feet per bi-monthly period).
For this ordinance, properties are classified as either residential or commercial. Commercial properties are further categorized into the three (3) strength categories (low, medium, and high) based on the constituent level of sewage strength discharged into the sewer system that is typically generated for the type of business. Exhibit 1 lists the types of properties included within the residential class and the commercial classifications, which are based on the discharge characteristics, by property type, as set forth in the current edition of the California State Water Resources Control Board publication “Policy for Implementing The State Revolving Fund For Construction of Water Treatment Facilities”.
Each user under the authority of this ordinance is assigned to the residential customer class or one of the three (3) commercial strength classes for purposes of calculating and assessing the sewer service charges. For property types not listed in Exhibit 1, the District Engineer (or designee) shall assign each user under the authority of this ordinance to a customer classification based on comparable industry standards for purposes of assessing the sewer service charges.
For this ordinance, the discharge characteristics of an average residential user is one (1) EDU and shall be composed of wastewater flow of 675 cubic feet per month (or 166 gallons per day
RESIDENTIAL COMMERCIAL - LOW COMMERCIAL - MEDIUM COMMERCIAL - HIGH (<= 200 mg/l BOD & SS) (<= 200 mg/l BOD & SS) (201-400 mg/l BOD & SS) (401-800+ mg/l BOD & SS) Single-family Basic commercial Bars without dining Auto steam cleaning Condominium Car wash Commercial laundry Bakery, wholesale Mobile home Convalescent Hotel/motel without dining Bars with dining Duplex Laundromat Mixed use Special manufacturing
Tri-plex Light manufacturing Shopping centers/theaters Hotel/motel with dining Four-plex Office building/storage Repair shop/service station Industrial laundry Apartment Medical/dental/veterinary Supermarket/deli
School/college Mortuary
Restaurant
Septage hauler
1 - mg/l = milligrams per liter; BOD = biochemical oxygen demand; SS = suspended solids.
EXHIBIT 1: CUSTOMER CLASSES AND WASTEWATER STRENGTH ASSIGNMENT Adoption of Ordinance No. 33
May 2, 2023
Page | 5
for 365 days per year) and constituent levels of sewage strength of 200 mg/l BOD and 200 mg/l SS.
For this ordinance, the discharge characteristics for purposes of assessing sewer service charges for commercial customers shall be a minimum of one (1) EDU equal to 675 cubic feet per month (or 166 gallons per day for 365 days per year) and constituent levels of sewage strength of 200 mg/l BOD and 200 mg/l SS. Higher sewer service charges shall be assessed for metered water usage over 675 cubic feet per month (1,350 per bi-monthly period) and/or higher constituent levels of sewer strength per Exhibit 1.
The District Engineer (or designee) shall assign EDUs for each residential customer which shall be equal to the number of dwelling units for purposes of assessing the sewer service charges.
For commercial customers, the District Engineer (or designee) shall assign the flow quantity and strength category for each commercial parcel based upon actual metered water usage and the strength of wastewater that is typically generated for each type of commercial customer. The number of dwelling units, water usage, and strength classification so assigned shall be used in computing the sewer service charges for residential and commercial customers.
SECTION 30.1. Residential Sewer Service Charges. Annual sewer service charges shall be determined for residential customers as follows:
Residential customers shall be assessed an annual sewer service charge based on a Rate per EDU (per dwelling unit) as shown in Exhibit 2. Vacant residential properties connected to the sewer system shall be assessed an annual fixed charge per dwelling unit to recover fixed sewer system costs incurred regardless of the actual volume or strength of wastewater discharge.
Annual sewer service charges for Fiscal Years 2023/24 through 2027/28 are shown in Exhibit 2.
The annual sewer service charge (SSC) for residential customers shall be calculated using the formula below:
SSC = EDU value (number of dwelling units) x applicable year sewer service charge For example, for FY 2023/24 the formula for an occupied single-family home (1 dwelling unit) would be as follows:
SSC = 1 x $655.20 = $655.20
The formula for an occupied 4-unit multi-family dwelling the formula would be as follows:
SSC = 4 x $655.20 = $2,620.80
For a vacant single-family residential property, the formula would be as follows:
SSC = 1 x $58.64 = $58.64
FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28
A. Occupied Residential - $/dwelling unit $655.20 $674.86 $695.10 $715.95 $737.43 B. Vacant Residential - $/dwelling unit $58.64 $60.40 $62.21 $64.08 $66.00
MAXIMUM ANNUAL SEWER SERVICE CHARGES
EXHIBIT 2: RESIDENTIAL SEWER SERVICE CHARGES
Residential Categories
Adoption of Ordinance No. 33
May 2, 2023
Page | 6
For subsequent fiscal years, the formula is the same but the rate per dwelling unit changes each year through FY 2027/28 per the schedule shown in Exhibit 2.
SECTION 30.2. Assignment of Sewer Discharge for Commercial Customers. Assignment of sewer discharge for commercial/industrial properties shall be based on (1) the volume of wastewater discharged into the sewer system as measured by metered water usage and (2) the constituent level of sewage discharged into the sewer system as determined by the assigned commercial strength class by property type as shown in Exhibit 1. The discharge characteristics for purposes of assessing sewer service charges for commercial customers shall be a minimum of one (1) EDU equal to 675 cubic feet per month (or 166 gallons per day for 365 days per year) and constituent levels of sewage strength of 200 mg/l BOD and 200 mg/l SS. Higher sewer service charges will be assessed for metered water consumption over 675 cubic feet per month and/or higher constituent levels of sewer strength per Exhibit 1 and Exhibit 3.
SECTION 30.3. Commercial/Industrial Sewer Service Charges. Annual sewer service charges shall be determined for commercial customers as follows:
The commercial sewer service charge includes an annual base charge per parcel that includes recovery of customer-related costs and the first 675 cubic feet of metered water supplied per month (1,350 cubic feet per bi-monthly basis), plus a volume charge per 100 cubic feet (Hcf) of water over the amount of water included in the base charge. Each commercial user shall pay a minimum annual charge of one base rate plus a volume charge for all consumption over 675 cubic feet per month that varies depending on the commercial strength classification assigned to each commercial user.
Annual sewer service charges for Fiscal Years 2023/24 through 2027/28 are shown in Exhibit 3.
The volume charge component of the SSC for individual commercial property sewer bills for FY 2023/24 shall be calculated based on each parcel’s FY 2020/21 actual bi-monthly metered water usage supplied by the Helix Water District. Sewer bills in subsequent fiscal years will be calculated FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28
A. Occupied Commercial
1. Base Charge - $/parcel $655.20 $674.86 $695.10 $715.95 $737.43 (includes first 675 cubic feet of water per month)
2. Volume Charge - $/hcf
(over 675 cubic feet of water per month)
Commercial-Low $7.04 $7.26 $7.47 $7.70 $7.93
Commercial-Medium $8.95 $9.22 $9.50 $9.78 $10.08
Commercial-High $13.18 $13.57 $13.98 $14.40 $14.83
B. Vacant Commercial - $/account $80.23 $82.64 $85.12 $87.67 $90.30 1 - One cubic foot is equivalent to 7.48 gallons. 675 cubic feet is equivalent to 5,049 gallons. Hcf = 100 cubic feet.
EXHIBIT 3: COMMERCIAL SEWER SERVICE CHARGES
Commercial Categories
MAXIMUM ANNUAL SEWER SERVICE CHARGES
Adoption of Ordinance No. 33
May 2, 2023
Page | 7
based on each parcel’s actual bi-monthly metered water usage for the prior fiscal year (July through June).
The formula for calculating the commercial customer annual sewer service charge (SSC) is shown below:
Bi-Monthly Commercial Customer SSC = (Base Charge/6) + ((W Q – (2 x 675)) x Rate L,M,H)
Annual Commercial Customer SSC = Sum of Bi-Monthly Commercial SSC for the FY In the above formula, the terms are defined as follows:
Base Charge = Minimum annual Base Charge per account. The charge changes each year based on the schedule shown in Exhibit
3. On a bi-monthly basis the charge is equal to the Base Charge divided by 6 months. The Base Charge includes 675 cubic feet of metered water usage per month or 1,350 cubic feet per bi-monthly water consumption records.
WQ = Bi-Monthly metered water usage measured in cubic feet for each commercial customer as provided by Helix Water
District.
675 = Monthly metered water usage allowance measured in cubic feet that is included in the Base Charge for each commercial parcel. Since bills are calculated on bi-monthly usage, the formula multiplies 675 cubic feet by 2 which is equal to 1,350 cubic feet.
Rate L, M, H The Volume Charge per hundred cubic feet (Hcf) as shown in Exhibit 3 for commercial properties based on the strength categories of commercial-low, commercial-medium, and
commercial-high.
Vacant commercial properties connected to the sewer system shall be assessed an annual fixed charge per account to recover fixed sewer system costs incurred regardless of the actual volume or strength of wastewater discharge.
For example, for FY 2023/24 the formula for a vacant commercial property would be as follows:
SSC = 1 x $80.23 = $80.23
SECTION 30.4. Appeal Process. The owner or agent of a commercial or residential property subject to the sewer service charge may apply in writing to the District Engineer (or designee) for an exception as herein provided. The applicant shall complete an official application for review of annual sewer service charges, supplied by the District, and provide necessary factual data to support such application. If the District Engineer (or designee) agrees that charges for the user should be adjusted, the District Engineer (or designee) may approve a re-computation of the user’s annual sewer service bill.
Adoption of Ordinance No. 33
May 2, 2023
Page | 8
Upon denial by the District Engineer (or designee), any applicant dissatisfied with such decision may appeal same in writing to the Executive Director. The Executive Director’s decision shall be final.
The following are potential justifications for an exception:
A. Commercial Strength Classification. The property discharges a lower strength BOD and SS concentration than their assigned commercial strength classification.
B. Return to Sewer Factor. A portion of the user’s metered water usage, larger than ten percent, is not discharged into the sewer system (“return to sewer”) due to a substantial portion of the water used for commercial/industrial process, recreational, horticultural, agricultural, or other purposes where water does not enter the sewer system.
C. Estimated Water Usage. The assigned volume of wastewater does not accurately reflect the actual water usage or volume of wastewater of the property.
D. Property with Separate Irrigation Meters. When water is supplied to premises by one or more water meters and one or more of such water meters does not provide water which is discharged into the sewer system.
E. Leaks. When excessive water consumption is caused by unknown water pipe leaks.
SECTION 30.5 Refund/Reduction of Sewer Service Charges. The Executive Director (or designee) is authorized to reduce the sewer service charge of over-charged parcels. The Executive Director (or designee) is authorized to allow refunds of annual sewer service charges to property owners which have been over-charged for sewer service charges. Only those amounts which were over-charged will be refunded and without accrued interest. Refunds may be issued for up to three years in arrears during which the property owner was over-charged for sewer service.
SECTION 30.6 Back Charges for Unpaid Sewer Service. The Executive Director (or designee) is authorized to require back charges if a property has been discharging into the sewer system without payment of sewer service charges or connection fees. The back charges may be imposed up to three years in arrears.
SECTION 2. DATE OF LEVY OF NEW CHARGES. The five-year schedule of sewer service charges (SSC) referenced above shall take effect on July 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026, and July 1, 2027, in the manner allowed by law. The SSC shall be placed on customers’ annual property tax bills or by direct mail for tax-exempt properties.
Adoption of Ordinance No. 33
May 2, 2023
Page | 9
NOW, THEREFORE, BE IT RESOLVED that the District Board of Lemon Grove Sanitation District, Lemon Grove, California, does ordain as follows:
Section 1. The following recitals are true and correct.
Section 2. This Ordinance shall be effective thirty (30) days following its adoption.
Within fifteen (15) days following its adoption, the District Clerk shall publish the title thereof, as a summary as required by state law.
INTRODUCED by the District Board on April 18, 2023. PASSED AND ADOPTED by the District Board of the Lemon Grove Sanitation District, Lemon Grove, State of California, on __________, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Racquel Vasquez, District Chair
Attest:
__________________________________
Deborah Harrington, Interim District Clerk
Approved as to Form:
__________________________________
Kristen Steinke, District Attorney
Adoption of Ordinance No. 33
May 2, 2023
Page | 10
ATTACHMENT B
ORDINANCE NO. 33
AN ORDINANCE AMENDING ORDINANCE NO. 32 OF THE
LEMON GROVE SANITATION DISTRICT
DESCRIBING METHODS FOR CALCULATING SEWER
SERVICE CHARGES
The Board of Directors of the Lemon Grove Sanitation District does ordain as follows:
SECTION 1. Ordinance No. 32, Article III shall be amended to read as follows:
ARTICLE III
SEWER SERVICE CHARGES
SECTION 30. ESTABLISHMENT OF SEWER SERVICE CHARGES. There is hereby levied and assessed upon each premise within the District that discharges sewage into the sewer lines of the District and upon each person owning, letting, or occupying such premises an annual sewer service charge.
The annual sewer service charges are designed to recover the cost of ongoing sewer operations, required improvements to the sewer system, and repair and replacement of existing sewer system assets. In general, these costs include, without limitation, (1) the District’s annual cost to provide customer service functions and collect and transport wastewater, (2) the District’s annual cost for wastewater treatment and disposal as fees paid to the City of San Diego for capacity and use of the San Diego Metropolitan Sewer System, and (3) the District’s share of the regional Pure Water San Diego Program. Total annual costs are allocated to users of the District’s system by classification of type of property (“customer class”) based on the number of accounts, volume of wastewater, and constituent levels of sewer strength discharged into the sewer system, as measured by milligrams per liter (mg/l) of biochemical oxygen demand (BOD) and suspended solids (SS).
The structure of the annual sewer service charges uses a combination of equivalent dwelling units (EDU) for residential users and volume-based rates for commercial users. Residential users are one (1) EDU per dwelling unit. The annual sewer service charges for each residential user shall be a flat rate per EDU and not based on water usage. Commercial users are grouped based on their estimated sewage strengths into three (3) classes of users (low, medium, and high) strength.
Each commercial customer shall be charged for sewer service based on water usage. Potable water delivered through the water meter shall be used to estimate the volume of wastewater discharge for commercial customers. Each year, 100% of the property’s bi-monthly metered water usage records from Helix Water District for a recent 12-month period shall be used to estimate the volume of wastewater and determine the upcoming year’s annual sewer service bill unless the discharger or legal owner presents evidence to the contrary, and this evidence is satisfactory to the District Engineer (or designee). The District Engineer (or designee) may adjust the user’s annual sewer service bill in proportion to the estimated volume of wastewater discharged to the sewer. See Section 30.4 for Appeal process.
Where metered water usage data is unavailable for a commercial parcel connected to the sewer system (and for parcels newly connected), the volume of sewer discharge for the parcel will be estimated using (1) permit records, (2) the average commercial volume of sewer discharge, or (3) other estimation method as determined by the District Engineer (or designee) unless the Adoption of Ordinance No. 33
May 2, 2023
Page | 11
discharger or legal owner presents evidence to the contrary and this evidence is satisfactory to the District Engineer (or designee). The District Engineer (or designee) may adjust the user’s annual sewer service bill in proportion to the estimated volume of wastewater discharged to the sewer. See Section 30.4 for Appeal process. The estimated volume of wastewater discharge shall be used for the calculation of the sewer service charge until 12 months of consecutive metered water usage records is collected. For this ordinance, the average commercial volume of sewer discharge per account is 3,248 cubic feet per month (6,496 cubic feet per bi-monthly period).
For this ordinance, properties are classified as either residential or commercial. Commercial properties are further categorized into the three (3) strength categories (low, medium, and high) based on the constituent level of sewage strength discharged into the sewer system that is typically generated for the type of business. Exhibit 1 lists the types of properties included within the residential class and the commercial classifications, which are based on the discharge characteristics, by property type, as set forth in the current edition of the California State Water Resources Control Board publication “Policy for Implementing The State Revolving Fund For Construction of Water Treatment Facilities”.
Each user under the authority of this ordinance is assigned to the residential customer class or one of the three (3) commercial strength classes for purposes of calculating and assessing the sewer service charges. For property types not listed in Exhibit 1, the District Engineer (or designee) shall assign each user under the authority of this ordinance to a customer classification based on comparable industry standards for purposes of assessing the sewer service charges.
For this ordinance, the discharge characteristics of an average residential user is one (1) EDU and shall be composed of wastewater flow of 675 cubic feet per month (or 166 gallons per day for 365 days per year) and constituent levels of sewage strength of 200 mg/l BOD and 200 mg/l SS.
For this ordinance, the discharge characteristics for purposes of assessing sewer service charges for commercial customers shall be a minimum of one (1) EDU equal to 675 cubic feet per month (or 166 gallons per day for 365 days per year) and constituent levels of sewage strength of 200 mg/l BOD and 200 mg/l SS. Higher sewer service charges shall be assessed for metered water usage over 675 cubic feet per month (1,350 per bi-monthly period) and/or higher constituent levels of sewer strength per Exhibit 1.
The District Engineer (or designee) shall assign EDUs for each residential customer which shall be equal to the number of dwelling units for purposes of assessing the sewer service charges.
RESIDENTIAL COMMERCIAL - LOW COMMERCIAL - MEDIUM COMMERCIAL - HIGH (<= 200 mg/l BOD & SS) (<= 200 mg/l BOD & SS) (201-400 mg/l BOD & SS) (401-800+ mg/l BOD & SS) Single-family Basic commercial Bars without dining Auto steam cleaning Condominium Car wash Commercial laundry Bakery, wholesale Mobile home Convalescent Hotel/motel without dining Bars with dining Duplex Laundromat Mixed use Special manufacturing
Tri-plex Light manufacturing Shopping centers/theaters Hotel/motel with dining Four-plex Office building/storage Repair shop/service station Industrial laundry Apartment Medical/dental/veterinary Supermarket/deli
School/college Mortuary
Restaurant
Septage hauler
1 - mg/l = milligrams per liter; BOD = biochemical oxygen demand; SS = suspended solids.
EXHIBIT 1: CUSTOMER CLASSES AND WASTEWATER STRENGTH ASSIGNMENT Adoption of Ordinance No. 33
May 2, 2023
Page | 12
For commercial customers, the District Engineer (or designee) shall assign the flow quantity and strength category for each commercial parcel based upon actual metered water usage and the strength of wastewater that is typically generated for each type of commercial customer. The number of dwelling units, water usage, and strength classification so assigned shall be used in computing the sewer service charges for residential and commercial customers.
SECTION 30.1. Residential Sewer Service Charges. Annual sewer service charges shall be determined for residential customers as follows:
Residential customers shall be assessed an annual sewer service charge based on a Rate per EDU (per dwelling unit) as shown in Exhibit 2. Vacant residential properties connected to the sewer system shall be assessed an annual fixed charge per dwelling unit to recover fixed sewer system costs incurred regardless of the actual volume or strength of wastewater discharge.
Annual sewer service charges for Fiscal Years 2023/24 through 2027/28 are shown in Exhibit 2.
The annual sewer service charge (SSC) for residential customers shall be calculated using the formula below:
SSC = EDU value (number of dwelling units) x applicable year sewer service charge For example, for FY 2023/24 the formula for an occupied single-family home (1 dwelling unit) would be as follows:
SSC = 1 x $655.20 = $655.20
The formula for an occupied 4-unit multi-family dwelling the formula would be as follows:
SSC = 4 x $655.20 = $2,620.80
For a vacant single-family residential property, the formula would be as follows:
SSC = 1 x $58.64 = $58.64
For subsequent fiscal years, the formula is the same but the rate per dwelling unit changes each year through FY 2027/28 per the schedule shown in Exhibit 2.
SECTION 30.2. Assignment of Sewer Discharge for Commercial Customers. Assignment of sewer discharge for commercial/industrial properties shall be based on (1) the volume of wastewater discharged into the sewer system as measured by metered water usage and (2) the constituent level of sewage discharged into the sewer system as determined by the assigned commercial strength class by property type as shown in Exhibit 1. The discharge characteristics for purposes of assessing sewer service charges for commercial customers shall be a minimum of one (1) EDU equal to 675 cubic feet per month (or 166 gallons per day for 365 days per year) and constituent levels of sewage strength of 200 mg/l BOD and 200 mg/l SS. Higher sewer service charges will be assessed for metered water consumption over 675 cubic feet per month and/or higher constituent levels of sewer strength per Exhibit 1 and Exhibit 3.
FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28
A. Occupied Residential - $/dwelling unit $655.20 $674.86 $695.10 $715.95 $737.43 B. Vacant Residential - $/dwelling unit $58.64 $60.40 $62.21 $64.08 $66.00
MAXIMUM ANNUAL SEWER SERVICE CHARGES
EXHIBIT 2: RESIDENTIAL SEWER SERVICE CHARGES
Residential Categories
Adoption of Ordinance No. 33
May 2, 2023
Page | 13
SECTION 30.3. Commercial/Industrial Sewer Service Charges. Annual sewer service charges shall be determined for commercial customers as follows:
The commercial sewer service charge includes an annual base charge per parcel that includes recovery of customer-related costs and the first 675 cubic feet of metered water supplied per month (1,350 cubic feet per bi-monthly basis), plus a volume charge per 100 cubic feet (Hcf) of water over the amount of water included in the base charge. Each commercial user shall pay a minimum annual charge of one base rate plus a volume charge for all consumption over 675 cubic feet per month that varies depending on the commercial strength classification assigned to each commercial user.
Annual sewer service charges for Fiscal Years 2023/24 through 2027/28 are shown in Exhibit 3.
The volume charge component of the SSC for individual commercial property sewer bills for FY 2023/24 shall be calculated based on each parcel’s FY 2020/21 actual bi-monthly metered water usage supplied by the Helix Water District. Sewer bills in subsequent fiscal years will be calculated based on each parcel’s actual bi-monthly metered water usage for the prior fiscal year (July through June).
The formula for calculating the commercial customer annual sewer service charge (SSC) is shown below:
Bi-Monthly Commercial Customer SSC = (Base Charge/6) + ((W Q – (2 x 675)) x Rate L,M,H)
Annual Commercial Customer SSC = Sum of Bi-Monthly Commercial SSC for the FY In the above formula, the terms are defined as follows:
Base Charge = Minimum annual Base Charge per account. The charge changes each year based on the schedule shown in Exhibit
3. On a bi-monthly basis the charge is equal to the Base Charge divided by 6 months. The Base Charge includes 675 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28
A. Occupied Commercial
1. Base Charge - $/parcel $655.20 $674.86 $695.10 $715.95 $737.43 (includes first 675 cubic feet of water per month)
2. Volume Charge - $/hcf
(over 675 cubic feet of water per month)
Commercial-Low $7.04 $7.26 $7.47 $7.70 $7.93
Commercial-Medium $8.95 $9.22 $9.50 $9.78 $10.08
Commercial-High $13.18 $13.57 $13.98 $14.40 $14.83
B. Vacant Commercial - $/account $80.23 $82.64 $85.12 $87.67 $90.30 1 - One cubic foot is equivalent to 7.48 gallons. 675 cubic feet is equivalent to 5,049 gallons. Hcf = 100 cubic feet.
EXHIBIT 3: COMMERCIAL SEWER SERVICE CHARGES
Commercial Categories
MAXIMUM ANNUAL SEWER SERVICE CHARGES
Adoption of Ordinance No. 33
May 2, 2023
Page | 14
cubic feet of metered water usage per month or 1,350 cubic feet per bi-monthly water consumption records.
WQ = Bi-Monthly metered water usage measured in cubic feet for each commercial customer as provided by Helix Water
District.
675 = Monthly metered water usage allowance measured in cubic feet that is included in the Base Charge for each commercial parcel. Since bills are calculated on bi-monthly usage, the formula multiplies 675 cubic feet by 2 which is equal to 1,350 cubic feet.
Rate L, M, H The Volume Charge per hundred cubic feet (Hcf) as shown in Exhibit 3 for commercial properties based on the strength categories of commercial-low, commercial-medium, and
commercial-high.
Vacant commercial properties connected to the sewer system shall be assessed an annual fixed charge per account to recover fixed sewer system costs incurred regardless of the actual volume or strength of wastewater discharge.
For example, for FY 2023/24 the formula for a vacant commercial property would be as follows:
SSC = 1 x $80.23 = $80.23
SECTION 30.4. Appeal Process. The owner or agent of a commercial or residential property subject to the sewer service charge may apply in writing to the District Engineer (or designee) for an exception as herein provided. The applicant shall complete an official application for review of annual sewer service charges, supplied by the District, and provide necessary factual data to support such application. If the District Engineer (or designee) agrees that charges for the user should be adjusted, the District Engineer (or designee) may approve a re-computation of the user’s annual sewer service bill.
Upon denial by the District Engineer (or designee), any applicant dissatisfied with such decision may appeal same in writing to the Executive Director. The Executive Director’s decision shall be final.
The following are potential justifications for an exception:
A. Commercial Strength Classification. The property discharges a lower strength BOD and SS concentration than their assigned commercial strength classification.
B. Return to Sewer Factor. A portion of the user’s metered water usage, larger than ten percent, is not discharged into the sewer system (“return to sewer”) due to a substantial portion of the water used for commercial/industrial process, recreational, horticultural, agricultural, or other purposes where water does not enter the sewer system.
C. Estimated Water Usage. The assigned volume of wastewater does not accurately reflect the actual water usage or volume of wastewater of the property.
Adoption of Ordinance No. 33
May 2, 2023
Page | 15
D. Property with Separate Irrigation Meters. When water is supplied to premises by one or more water meters and one or more of such water meters does not provide water which is discharged into the sewer system.
E. Leaks. When excessive water consumption is caused by unknown water pipe leaks.
SECTION 30.5 Refund/Reduction of Sewer Service Charges. The Executive Director (or designee) is authorized to reduce the sewer service charge of over-charged parcels. The Executive Director (or designee) is authorized to allow refunds of annual sewer service charges to property owners which have been over-charged for sewer service charges. Only those amounts which were over-charged will be refunded and without accrued interest. Refunds may be issued for up to three years in arrears during which the property owner was over-charged for sewer service.
SECTION 30.6 Back Charges for Unpaid Sewer Service. The Executive Director (or designee) is authorized to require back charges if a property has been discharging into the sewer system without payment of sewer service charges or connection fees. The back charges may be imposed up to three years in arrears.
SECTION 2. DATE OF LEVY OF NEW CHARGES. The five-year schedule of sewer service charges (SSC) referenced above shall take effect on July 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026, and July 1, 2027, in the manner allowed by law. The SSC shall be placed on customers’ annual property tax bills or by direct mail for tax-exempt properties.
Adoption of Ordinance No. 33
May 2, 2023
Page | 16
NOW, THEREFORE, BE IT RESOLVED that the District Board of Lemon Grove Sanitation District, Lemon Grove, California, does ordain as follows:
Section 1. The following recitals are true and correct.
Section 2. This Ordinance shall be effective thirty (30) days following its adoption.
Within fifteen (15) days following its adoption, the District Clerk shall publish the title thereof, as a summary as required by state law.
INTRODUCED by the District Board on April 18, 2023. PASSED AND ADOPTED by the District Board of the Lemon Grove Sanitation District, Lemon Grove, State of California, on __________, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Racquel Vasquez, District Chair
Attest:
__________________________________
Deborah Harrington, Interim District Clerk
Approved as to Form:
__________________________________
Kristen Steinke, District Attorney