08-18-2020 - AGENDA ITEM 03 CONSIDERATION OF FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RINCON ENVIRONMENTAL, LLC12/1 /2020
Print Staff Report
AGENDA ITEM NO. 3
DATE: August 18, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
SUBJECT: CONSIDERATION OF FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH RINCON ENVIRONMENTAL, LLC
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Authorize the City Manager to negotiate and execute the First Amendment to the Professional Services
Agreement between the City of West Covina and Rincon Environmental, LLC for Local Enforcement Agency
(LEA) services.
2. Adopt the attached resolution authorizing the necessary budget amendments:
RESOLUTION NO.2020-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR FISCAL YEAR 2020-21
BACKGROUND:
On March 4, 2020 the City entered into a Professional Services Agreement with Rincon Environmental LLC,
to perform Local Enforcement Agency (LEA) duties and other environmental services related to the BKK
landfill site. LEAS are designated by the governing body of a city and, upon certification by the California
Department of Resources Recycling and Recovery (CalRecycle), are empowered to implement delegated
CalRecycle programs and locally designated activities. LEAS have the primary responsibility for ensuring the
correct operation and closure of solid waste facilities in the state. The City has had a designed LEA since
adopting Resolution No. 8807 in April 1992.
Steve Samaniego, President, Rincon Environmental, LLC, is a former City employee who served as LEA and
helped oversee post -closure operations. Due to the extensive knowledge that Steve possessed he was retained
in March to help address the issues raised by CalRecycle related to former LEA activities.
DISCUSSION:
Since being retained in March Steve has traveled to Sacramento with City staff to meet with CalRecycle and to
address the issues raised in their February 27, 2020 Notice of Intent to Decertify the LEA for the City of
Wewst Covina (Attachment No. 1). Steve has updated the Enforcement Program Plan (EPP), the Designated
Information Plan (DIP), and filed paperwork to amend the Solid Waste Facility Permit. The original
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recommendations from CalRecycle's May 2017 investigation report.3 Further, in
the EA30 grant application submitted to CalRecycle, the grant application
stated: "As the Local Enforcement Agency (LEA) for the BKK Class III Landfill,
the City of West Covina intends to use the FY 2019-2020 funds to conduct
vapor probe inspections, evaluate conditions of existing perimeter vapor probes,
replace existing vapor probes with new probes, and install additional fencing for
site security to prevent trespassers from entering landfill without approval."
Actions like installing probes and security fencing appear to be related to site
maintenance rather than LEA oversight activities, and LEA grant funds are only
available for LEA activities.
As discussed in the previous 'section, the LEA has jurisdictional authority over all
owners and operators of the BKK Sanitary Landfill, including those who own
property within the "buffer zone" of the permitted boundary. The Community
Development Department houses the Successor Agency, the LEA, and Landfill
Operations, as well as the TRC Contract and Rincon Contract, both of which
appear to contain scopes of work related to the maintenance and development
of the BKK Sanitary Landfill site as well as LEA oversight activities. The
contracts and agreements for development of the Landfill site as well as Landfill
maintenance activities appear to make the Community Development
Department the operating unit for the Landfill, which means the LEA cannot also
be housed in the Community Development Department. Further, the contractor
providing LEA services cannot also perform maintenance and operational duties
for the Landfill the LEA is overseeing, which is what is stated in the TRC
Contract and suggested in the EA30 grant and inspection reports prepared by
TRC Solutions.
Failure to Meet Other Reauirements
In addition to the foregoing, the LEA has a history of noncompliance with
certification requirements. The LEA has failed to provide the formal
documentation necessary to meet EPP certification in 2018 and 2019. As a
result of findings in the City s last LEA Evaluation, a formal Evaluation Workplan
to correct deficiencies was approved in October 2018. The LEA has missed
several key milestones required by the Workplan. Specifically, the LEA has not
compelled the owner/operator of the BKK Sanitary Landfill to take actions
related to landfill gas monitoring probe investigation statuses; the LEA continues
to cite "areas of concern" without increasing those citations to "violations" when
the areas of concern are repeatedly not corrected; and the LEA has not
consistently cited site security violations.
3 Viability and Integrity Assessment of Landfill Gas Compliance Wells BKK Landfill City of West Covina,
Los Angeles County Facility No. 19-AF-0001. Prepared by Gino Yekta, PE, REHS, Senior Waste
Management Engineer on May 31, 2017.
Additionally, in the documents submitted to CalRecycle on December 31, 2019
and February 26, 2020, the City states in the LEA time task analysis that the
total staff for the LEA constitute 0.23 FTE. LEAs are required to maintain at least
one or more full time staff members dedicated solely to solid waste and one of
these dedicated staff must be a registered environmental health specialist
(REHS). (Cal. Code Regs., tit. 14, § 18072, subd. (a).) The City's time task
analysis states that the contract REHS will work 20 hours per week if needed
and "will be hired on an as need [sic] basis depending on workload." As such,
the time task analysis does not meet LEA certification requirements for technical
resources.
Conclusion
Based on the foregoing, CalRecycle has determined that proceeding with
decertification of the LEA for the City is necessary for the protection of public
health, safety, and the environment.
If the City would like to avoid a decertification action, it may withdraw its LEA
designation by issuing a notice to CalRecycle as required by Title 14, section 18056 of
the CCR. CalRecycle must receive this notice by Monday, March 30, 2020. If
CalRecycle does not receive such notice by that date, it will begin decertification
proceedings, as required by Article 2.3, Chapter 5, Division 7 of Title 14 of the CCR.
This letter does not constitute a complete list of grounds for action over the LEA
as permitted by Article 2.3, Chapter 5, Division 7 of Title 14 of the CCR.
CalRecycle reserves the right to add any and all applicable grounds should it
pursue an action over the LEA.
Should you have any questions, you may contact Kate Nitta at (916) 341-6067.
Sincerely,
pv(�— vft'�
Kathleen Nitta
Senior Staff Counsel
CC: Jeff Anderson
Community Development Director & LEA Program Manager,
City of West Covina
Michael Ackerman
City Engineer, City of West Covina
Kris Kazarian
BKK Corporation
Kelly P. McGregor
President, Tetra Tech BAS, agent for BKK Corporation
ATTACHMENT NO. 2
FIRST AMENDMENT TO
CITY OF WEST COVINA
PROFESSIONAL SERVICES AGREEMENT
WITH
RINCON ENVIRONMENTAL LLC
FOR
LOCAL ENFORCEMENT AGENCY REGULATORY COMPLIANCE SERVICES
This First Amendment ("First Amendment"), is made and entered into as of the 31 st day
of July, 2020 ("Effective Date"), by and between the CITY OF WEST COVINA ("City"), and
RINCON ENVIRONMENTAL LLC, a California limited liability company ("Consultant").
WHEREAS, on March 4, 2020, City and Consultant entered into a Professional Services
Agreement for Local Enforcement Agency Regulatory Compliance Services ("Original
Agreement"); and
WHEREAS, City and Consultant desire to amend the Original Agreement pursuant to the
provisions of this First Amendment; and
WHEREAS, City and Consultant intend and desire to have this First Amendment be
effective retroactive to the Effective Date.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. This First Amendment shall be effective retroactive to the Effective Date.
2. Section 2.1 of the Original Agreement is hereby amended to reflect that
Consultant's total compensation shall not exceed Sixty -Four Thousand Nine
Hundred Ninety Dollars ($64,990.00).
3. The term of the Agreement shall be extended through June 30, 2021.
4. All terms not defined herein shall have the same meaning and use as set forth in
the Original Agreement.
5. All other terms, conditions, and provisions of the Original Agreement shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of
the dates set forth below.
CITY OF WEST COVINA CONSULTANT
Are,. L. ��
David N. Carmany Steven Samaniego
City Manager President
Rincon Environmental LLC
First Amendment
ATTACHMENT NO. 3
RESOLUTION NO. 2020-87
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR
COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021 (RINCON
ENVIRONMENTAL, LLC)
WHEREAS, on June 23, 2020 the City Council adopted Resolution 2020-64 thereby
approving the Fiscal Year 2020-2021 "Annual Operating & Capital Improvement Program
Budget;" and
WHEREAS, on March 4. 2020 the City Manager executed a Professional Services
Agreement with Rincon Environmental, LLC for Local Enforcement Agency (LEA) and other
environmental services related to BKK landfill.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DOES RESOLVE AS FOLLOWS:
SECTION 1. That the budget amendment for Fiscal Year 2020-2021 is hereby approved
as reflected in Exhibit A attached hereto.
SECTION 2. That this resolution shall be effective immediately upon passage and
adoption.
SECTION 3. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED on this 18th day of August 2020.
APPROVED AS FORM
Thomas Duarte
City Attorney
Tony Wu
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK, HEREBY CERTIFY that the foregoing resolution,
Resolution No. 2020-87, was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof on the 18th day of August 2020, by the following vote of
the City Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Lisa Sherrick
Assistant City Clerk
EXHIBIT "A"
BA *
CITY OF WEST COVINA Posted By:
BUDGET AMENDMENT Date Posted:
Date: 8/5/2020 Fiscal Year: 2020-2021
Requested by: Gerardo Rojas Amount: $35,000.00
Dept/Div: Community Development Description: Reclass Funds
EXPENDITURES
Proposed
Account Number Dept/Account Description Current Budget Amendment Amended Budget
145.41.4182.6120 Miscellaneous 15 732.00 35 000.00 50 732.00
RFVFN//FC
Account Number
Account Description
Current Budget
Propose
Amendment
Amended Budget
145.00.4818
Miscellaneous
35 000.00
35 000.00
Funding for a professional services agreement with Rincon Environmental LLC for Local Enforcement Agency
regulatory compliance services.
APPROVALS
City Council Approval Date (if required, attach minutes): ❑ Approval Not Required
Dept Head Approval:
Date:
inance Director: Date:
unds Available? ❑ Yes ❑No
-ity Manager: Date:
If over $100,000)
❑ Approved ❑ Denied
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Print Staff Report
Agreement was for an amount not to exceed $29,990. That budget has been exhausted and the City still needs
LEA services. Therefore, staff is proposing an amendment that would increase the budgeted amount by an
additional $35,000 and extend the term to June 30, 2021 (Attachment No. 2).
The EPP outlines steps taken to assure compliance with State law and the post -closure plan. It also contains
information on the LEA operations and organizational structure. The DIP is a component of the EPP and
contains an updated list of parcels adjacent to the closed landfill.
On June 15, 2020 an amendment to the Solid Waste Facility Permit was filed with CalRecycle. The
amendment is a revision to the 1979 Solid Waste Facility Permit that BKK operated under, and the 1996
landfill closure permit. It reduces the footprint of the closed landfill to 444 acres, thus making the boundary of
the Solid Waste Facility coterminous with the area where the Class I and Class III landfills operated for waste
disposal. This amendment further clarifies that the City/Successor Agency property has never been part of the
operating landfill where waste was disposed.
Staff is currently preparing for the decertification hearing, currently scheduled for September 30, 2020 in
Sacramento. Significant progress has been made to address the issues enumerated in the February 27 Notice of
Intent.
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the First Amendment as to form.
OPTIONS:
Options available to the City Council include:
1. Approve the First Amendment as presented.
2. Provide alternative direction to staff.
Prepared by: Mark Persico, Assistant City Manager
Fiscal Impact
FISCAL IMPACT:
The funds to pay for the Rincon Environmental Services contract are available through the Deposit and
Funding Agreement entered into on May 23, 2019 between the City and Singpoli BD Capital Group, LLC.
Pursuant to Section 1 of the Agreement funds shall "fund monthly payments to the City for legal fees,
consultant costs and staff time not otherwise included in the entitlement application and processing fees
charged by the City." Based upon the recently executed First Amendment to the Agreement of Purchase, the
$405,000 deposit is non-refundable, and available for by the City as deemed appropriate. Included with this
action is a request for budget amendment to utilize a portion of the proceeds for Fiscal Year 2020-21
(Attachment No. 3).
Attachments
Attachment No. 1 - Notice of Intent
Attachment No. 2 - First Amendment to PSA
Attachment No. 3 - Resolution No. 2020-87 (Budget Amendment)
CITY Achieve Fiscal Sustainability and Financial Stability
COUNCIL Engage in Proactive Economic Development
GOALS &
OBJECTIVES:
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ATTACHMENT NO. 1
California Environmental Protection Agency
CalRecycle
Department of
Resources Recycling and Recovery
February 27, 2020
Sent via Email and U.S. Mail
David Carmany
City Manager
City of West Covina
1444 W. Garvey Avenue South, Room 305
West Covina, CA 91790
Gavin Newsom
California Governor
Jared Blumenfeld
Secretary for Environmental Protection
Ken DaRosa
CalRecycle Acting Director
Re: Notice of Intent to Decertify the LEA for the City of West Covina
for the LEA's Failure to Fulfill Its Responsibilities and Obligations
under the Public Resources Code Division 30, Part 4, Chapter 2 and
Its Implementing Regulations
Dear Mr. Carmany:
The purpose of this letter is to inform you that due to the City of West Covina's (the City)
chronic failure to comply with and maintain its certification requirements for its local
enforcement agency (LEA) designation' and its failure to acknowledge its jurisdiction
and enforcement obligations over the BKK Sanitary Landfill (Landfill), the Department of
Resources Recycling and Recovery (CalRecycle) intends to begin procedures to
decertify the City as LEA and assume enforcement agency duties over solid waste
facilities within the City's jurisdiction.
If the City would like to avoid a decertification action, it may withdraw its LEA
designation by issuing a notice to CalRecycle as required by Title 14, section 18056 of
the California Code of Regulations (CCR). CalRecycle must receive this notice by
Monday, March 30, 2020. If CalRecycle does not receive such notice by that date, it will
begin decertification proceedings, as required by Article 2.3, Chapter 5, Division 7, Title
14 of the CCR.
1 It is important to note that, in addition to the issues raised in this letter, CalRecycle's records show that
the City originally designated the Waste Management Enforcement Agency (WMEA) as its LEA in 1992.
This designation has not been updated with CalRecycle although the WMEA no longer exists. This letter
continues to refer to an LEA for the City, but this designation issue was not resolved.
1001 1 Street, Sacramento, CA 95814 • P.O. Box 4025, Sacramento, CA 95812
www.CalRecycle.ca.gov • (916) 322-4027
Discussion
CalRecycle brought the issues in this letter to the City's attention at an in -person
meeting at your offices on October 16, 2019. We were hoping to meet directly
with you and other City leadership; however, the only City representatives
present were Community Development Director, Jeff Anderson, and City
Engineer, Michael Ackerman. At that meeting, we discussed information that
had come to light regarding postclosure maintenance of the BKK Sanitary
Landfill as well as continued issues with the LEA's maintenance of its
certification requirements.
The LEA'S Jurisdiction and Enforcement Obligations over the BKK
Sanitary Landfill
The primary reason for the meeting on October 16, 2019, was for CalRecycle to
impress upon the City's representatives CalRecycle's concern over the LEA's
apparent misconceptions concerning the scope and extent of the LEA'S
jurisdiction and enforcement obligations with regard to the BKK Sanitary Landfill.
This issue arose from CalRecycle staff's notation in a September 29, 2016,
Postclosure Maintenance Plan (PCMP) Update Comment letter of certain
deficiencies in BKK's proposed Update, which, among other things, stated:
[Tjhe Update should include the portions of the landfill property that
have been previously omitted. The portions of the landfill property
that have not been incorporated in the Update include the Target
and Home Depot stores, along with the baseball park and
associated recreational facilities. In order for CalRecycle to accept
the Update, the matter of landfill boundary should be resolved by
the operator and subsequently reflected in the Update. The Update
should be revised to incorporate the entire landfill permitted
boundary. Furthermore, should the operator propose modifying the
permitted boundary, CalRecycle staff would like to point out that
any changes in the physical boundaries of the landfill can be
accepted only when such changes do not compromise the
effectiveness of the landfill gas subsurface migration system,
allowing for unbiased monitoring, not influenced by the presence of
collection by the presence of collection system. Thus, only when
the operator can demonstrate the monitoring system can be fully
effective and functional, may CalRecycle concur with such
proposal.
BKK's response to these deficiencies in their follow-up June 8, 2017, PCMP
Update Comment letter appears to assert that the LEA's jurisdictional authority
to enforce solid waste law over the portions of the permitted boundary of the
Landfill that fall outside the waste footprint of the landfill was vitiated upon the
Landfill's closure: "The difference between the historic permit boundary for the
583-acre site and the current BKK parcel ownership of 424 acres is an
administrative issue ... [and] BKK does not propose to allocate postclosure funds
to address the administrative issue of the permit boundary." (Emphasis added.)
These statements suggest that, according to BKK, the permit's inclusion of the
parcels outside of the waste footprint but within the permitted boundary are an
"administrative issue" and thus'not worthy of pursuit. CalRecycle thereafter
advised BKK in the March 25, 2019, PCMP Update Comment letter (which, as
all such letters, was copied to the LEA) that CalRecycle rejected this argument.
These statements by BKK took on critical significance to CalRecycle when the
LEA made the following assertion: "The LEA agrees with BKK that the boundary
issue between the historic 583-acre permit boundary and the current 424-acre
BKK ownership boundary is an administrative issue." (Letter from LEA
contractor TRC Solutions to BKK, Nov. 30, 2018.) While it is not clear what BKK
or the LEA means by "administrative issue," it appears from the LEA's statement
that the LEA has adopted the position that the LEA's jurisdictional authority to
enforce solid waste law over portions of the permitted boundary of the Landfill
outside of the waste footprint was vitiated upon the Landfill's closure. Such a
position is a serious abrogation of the LEA's obligations and undercuts state
solid waste law.
At the October 16, 2019, meeting, CalRecycle staff impressed this point upon
the City representatives. CalRecycle staff explained the basic tenets of the
permitting structure that forms the foundation of solid waste law in California.
Particularly relevant here are the requirements that solid waste facilities have a
long-term "buffer zone" between the edge of the waste footprint and the facility
boundary delineated in the permit, and also that owners and operators of solid
waste facilities bear the burden of maintaining the facility during its postclosure
period. These requirements are critical for the continued protection of public
health, safety, and the environment.
In the case of the BKK Sanitary Landfill, the owners/operators are responsible
for the ongoing maintenance of the Landfill during its postclosure period. The
Landfill consists of the waste footprint as well as the "buffer zone," which, when
combined, forms the 583-acre permitted boundary of the Landfill. As you should
be aware, the existence of this "buffer zone' is critical because it is meant to
ensure that any explosive methane gases being generated as the waste
decomposes can be controlled prior to reaching the Landfill boundary. And, in
addition to the operator, all parties that own parcels within the permitted
boundary of the Landfill are subject to the jurisdiction of the LEA so that the LEA
can oversee the institutional controls for landfill gas and enforce against any
such parties if there is noncompliance with the permit and solid waste laws.
Accordingly, unless and until the permitted boundary of the Landfill is revised, all
parties that own parcels with the 583-acre permitted boundary are subject to the
enforcement jurisdiction of the LEA. And, as discussed above, the Landfill
boundary cannot be changed until it is clear that the boundary change will not
compromise the effectiveness of the landfill gas subsurface migration system.
This means the operator must be able to demonstrate the monitoring system
can be fully effective and functional. As this has not happened, the 583-acre
landfill boundary continues to constitute the boundary of the Landfill subject to
enforcement oversight by the LEA.
After the foregoing was explained to City representatives at the October 16,
2019, meeting, CalRecycle staff and the City representatives agreed to a
schedule whereby, among other things, the City would clarify its position on the
issue of the LEA's jurisdictional authority to enforce solid waste law over the
portions of the Landfill's permitted boundary outside of the waste footprint during
postclosure.
However, when the City submitted documents to CalRecycle on December 31,
2019 and February 26, 2020, to address the deficiencies discussed at the
October 16, 2019 meeting, those documents included the following statement:
The BKK Sanitary Landfill Solid Waste Facility Permit (SWFP) No.
19-AF-0001 dated April 27, 1979 expired as of the landfill closure to
receipt of waste on September 14, 1996. (Emphasis added.)
By this statement, it appears that the City has nevertheless determined to
maintain the position that the LEA's jurisdictional authority to enforce solid waste
law over the portions of the Landfill's permitted boundary out of the waste
footprint vitiated upon closure. For the forestated reasons, such a position
cannot stand.
The City's Failure to Maintain its LEA Certification
The secondary reason for the October 16, 2019, meeting was to address the
ongoing failure of the City to maintain its LEA certification requirements. Most
recently, the LEA has failed to demonstrate that there is no conflict of interest
between LEA oversight and BKK operational activities. In addition, the LEA has
not been meeting other certification requirements and benchmarks required by
the LEA's October 4, 2018 Evaluation Workplan.
In response to the October 16, 2019, meeting with CalRecycle, the City
requested the option to submit a Designation Information Package (DIP) and an
updated Enforcement Program Plan (EPP). CalRecycle provided task
milestones and a due date of November 21, 2019 (this date was based on the
LEA's next EPP due date). This date was extended to December 31, 2019, and
again to February 26, 2020. The City submitted documents on November 27,
2019, December 31, 2019, and February 26, 2020. These documents were
intended to update the LEA's EPP and bring the LEA into compliance with its
certification requirements. Nevertheless, and even after back and forth
communications with CalRecycle staff, the City was not able to demonstrate that
it has resolved its outstanding certification requirements.
Conflict of Interest
Where a local jurisdiction has a department that is the "operating unit" 2 for a
solid waste facility, whether currently operating or closed, it must house its
enforcement agency in a separate department in order to avoid a conflict of
interest:
No local governmental department or agency, or any employee
thereof; which is the operating unit for a solid waste handling or
disposal operation shall be the enforcement agency, or an
employee thereof, for the types of solid waste handling or disposal
operation it conducts unless authorized by the board to act in that
capacity.
(Pub. Resource Code, § 43207.)
This provision is meant to ensure the same department responsible for
operations or contracts for operations over a solid waste facility is not also
responsible for enforcement activities over its actions as operator. Typically, this
provision is satisfied with an organizational chart in the EPP that clearly shows
the separation between operations and enforcement.
In the documents the City submitted to CalRecycle on December 31, 2019 and
February 26, 2020, the City states that it has designated the Community
Development Division as the LEA and the Community Development Director,
Jeff Anderson, will be the LEA Program Manager and oversee the contract with
TRC Solutions, the contractor providing the LEA services (TRC Contract).
Nevertheless, the TRC Contract states that TRC Solutions will meet the
following needs:
The City took over remedial operations from BKK Corporation in
October 2004 providing oversight on remediation and closure
activities. Under the City and the Successor Agency to the
Redevelopment Agency oversight, the former landfill is being
transformed to support 360,000 square feet of commercial property,
2 ""Operating unit" means a local agency within the jurisdiction of the designating local governing body
that operates, causes to operate, or administers contracts or agreements for any portion of a facility or
solid waste handling and disposal system." (Cal. Code Regs., tit. 14, § 18011, subd. (a)(17).)
an 18-hole golf course, and a 47-acre natural habitat preserve....
The City and Successor Agency are seeking professional services
in support of monitoring on -going operation and maintenance
(O&M) activity at the landfill to insure [sic] human health and safety
as development and expansion of new public use continues.
The contract goes on to state that TRC Solutions will serve both as LEA and as
consultant to the Successor Agency in its development oversight of the BKK
Sanitary Landfill site. According to the City's public webpage, the Successor
Agency is also housed in the Community Development Division under Jeff
Anderson.
The documents submitted by the City on December 31, 2019, also included a
contract with Rincon Environmental, LLC and the Successor Agency (Rincon
Contract) for "LEA environmental consulting and oversight inspection services to
the [Successor] Agency with respect to the BKK landfill Site." Publicly available
information also suggests that the Successor Agency manage or administers
contracts or agreements relative to parcels within the Landfill boundary. The
February 26, 2020 document submittal did not include the Rincon Contract and
included a notation on the DIP checklist that "Steve Samaniego & Rincon do not
perform LEA duties for the City of West Covina." Nevertheless, CalRecycle has
received no information to suggest that the Rincon Contract has been amended
or voided. Merely removing it from the document submittal does not change the
contract's terms. And, as shown herein, cancelation or amendment of the
Rincon Contract alone does not alleviate the LEA's apparent conflict of interest
issues.
The documents submitted on February 26, 2020, also amend the City's
organizational chart to move Landfill Operations (under Mitch Kaplan of BKK)
into the Community Development Department under Community Development
Director, Jeff Anderson, who, as the organization charts states, is also the LEA
Program Manager. This appears to mean that the LEA, the Successor Agency,
and Landfill Operations are not only all housed in the same department, but also
report to the same person. The accompanying draft resolution does not repair
this apparent conflict of interest. As stated above, the department responsible
for operations cannot also be responsible for enforcement.
In addition to the documents submitted to CalRecycle by the City, CalRecycle
has received additional information that suggest a conflict of interest. Inspection
reports submitted to CalRecycle include statements that make it appear the LEA
is acting on behalf of the BKK owner/operator by taking actions related to