Resolution - 8341RESOLUTION NO. 8341
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, REPEALING RESOLUTION NO. 7210
AND RESOLUTION NO. 5772 AND REESTABLISHING THE PROCEDURES
FOR SETTING THE MAXIMUM RATES FOR NONHAZARDOUS WASTE
DISPOSAL AT THE BKK LANDFILL IN THE CITY OF WEST COVINA
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds as follows:
(a) That the City has awarded a solid waste disposal
franchise to West Covina Disposal and has entered into
a franchise agreement pursuant to that award;
(b) That the franchise agreement sets the rates which
may be charged within the City for collection of solid
waste, and includes the cost of tipping fees at the BKK
Landfill;
(c) That the City establishes the maximum rates that
may be charged at the BKK Landfill pursuant to that certain
unclassified use permit granted BKK in June, 1976;
(d) That the intent of this use permit condition
was to protect the interests of the community of West Covina;
(e) That the City has the authority under the Health
and Safety Code and Government Code of the State of California
to set the fees for solid waste disposal within its jurisdiction
and such action is a proper governmental action;
(f) That the City has determined that the cost of
solid waste disposal has increased and that the maximum
amount of fees to be charged should be adjusted accordingly;
(g) That differing rates may be adopted for disposal
of wastes based on their generation inside or outside the
City.
(h) That the maximum rates so determined will represent
the reasonable and actual cost of such disposal, including
direct and indirect overhead costs whether the wastes are
generated inside or outside the City.
SECTION 2. NOW, THEREFORE, the City Council resolves
that the maximum rates set out in Resolution No. 5772,
as modified by Resolution No. 7210 shall be amended as
follows:
MAXIMUM RATES FOR WASTE DISPOSAL AT THE BKK COMPANY
• LANDFILL (WEST COVINA)
(A) WASTE DISPOSAL RATES
Except as modified in (B), the maximum rate for residential
and commercial rubbish, demolition debris, yard trimmings,
other Group III and IV materials, and any other approved
waste will be recommended by the BKK Corporation, based
on the analysis of its cost of operations, and ratified
by the City Council.
• (B) CITY RATES
1) The City shall be entitled to dispose of
its own waste material at the landfill and
shall not be subject to the imposition of
any disposal fees.
2) The maximum disposal rates charged to West
Covina Disposal for the residential and commercial
rubbish, demolition wastes, yard trimmings
and other Group III and IV wastes collected
in this City of West Covina shall be approved
by the City Council prior to the imposition
of those rates. Any such rates shall be
based on BKK's analysis of its costs of operation
and additional consideration given to: all
state and county fees or taxes; the City's
business license; and a surcharge of no more
than one dollar per ton for wastes received
after 12:00 PM each working day. Any request
for increase in the maximum rates shall be
submitted to the West Covina Community Services
Division Manager 120 days prior to the proposed
effective date for any such increase. Any
increases in such rates shall only be effective
the July 1 date following the City Council
action, unless otherwise approved by the
City Council to be effective another date.
(C) CURRENT RATES
Until the City Council takes action pursuant
to (B,2), the maximum rates for residential and
commercial rubbish, demolition wastes, yard trimmings
and wastes and other Group III and IV wastes
will be the same as the same fees approved by
the Sanitation Districts of Los Angeles County
for Spadra and Puente Hills Landfills with the
following modification:
1) All state and county taxes or fees may be
added to these rates.
2) The City's Business License Tax may be added
to these rates.
3) A surcharge of one dollar per ton may be
added by BKK to these rates for wastes received
after 12:00 PM each working day.
The Sanitation Districts' Rates are incorporated
herein and made a part thereof by reference as
Exhibit A.
• SECTION 3. Validity of Resolution. If any section,
subsection, sentence, clause, phrase or portion of this
resolution is for any reason held to be invalid or unconsti-
tutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining
portion of this Resolution. The City Council hereby declares
that it would have adopted this Resolution and each section,
subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections,
subsections, phrases, or portions be declared invalid or
unconstitutional.
SECTION 4. Repeal. Resolution Nos. 7210 and 5772
is repealed in their entirety.
SECTION 5. The City Clerk shall certify to the adoption
of this resolution.
PASSED, ADOPTED, AND APPROVED this 22nd day of
may , 1989.
MAYOR
ATTEST:
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of West Covina
at a regular meeting thereof, held on the 22nd day
of , 1989, by the following vote of
the Counci :
AYES: COUNCILMEMBERS Tarozzi, McFadden, Lewis, Bacon
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS Manners
CITY CLERf`
1
r �
APPROVED AS TO FORM AND CONTENT:
CITY ATTORNEY
•
CURRENT SANITATION DISTRICTS' RATES
May 1, 1989
SPADRA LANDFILL
Municipal Solid
and Inert Waste
$ 10.10/ton
Hard -to -Handle
Bulky Items
15.10/ton
Tires & Special
Handling
30.10/ton
Minimum Charge
10.00 per load
Pull -Offs
15.00 each
PUENTE HILLS LANDFILL
Municipal Solid
and Inert Waste
$10.10/ton
Hard -to -Handle
Bulky Items
15.10/ton
Tires & Special
Handling
30.10/ton
Minimum Charge
10.00 per load
Pull -Offs
15.00 each
Exhibit A
•