04-06-2021 - AGENDA ITEM 04 CONSIDERATION OF BUDGET AMENDMENT FOR LOCAL ENFORCEMENT AGENCY REGULATORY COMPLIANCE SERVICESAGENDA ITEM NO. 4
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: April 6, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF BUDGET AMENDMENT FOR LOCAL ENFORCEMENT
AGENCY REGULATORY COMPLIANCE SERVICES
RECOMMENDATION:
It is recommended that the City Council approve the following Resolutions:
RESOLUTION NO.2021-18 - 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 309 2021
BACKGROUND:
On March 9, 2020 the City Manager entered into a Legal Services Agreement with Cole Huber LLP for the
firm to provide legal services to the City in connection with the Local Enforcement Agency pertaining to the
former BKK landfill. Subsequently, on November 17, 2020 the City Council authorized the City Manager to
negotiate and execute any documents necessary for the continued engagement of Cole Huber LLP. At the
October 20, 2020 Council meeting City Council approved an additional $35,000.
On October 20, 2020 the City approved Resolution 2020-104, confirming a Waste Management Enforcement
Agency as a division of the Fire Department and designating a Local Enforcement Agency for Enforcement of
a Solid Waste Management Program in the City of West Covina. In so doing, the City concurrently entered
into a Professional Service Agreement with Rincon Environmental LLC for Local Enforcement Agency
Regulatory Compliance Services. The contract amount was approved for $120,000. As part of the approval,
City Council approved the installation of a section of fence on City property that was previously
removed during grading.
DISCUSSION:
In order to fund Rincon Environmental LLC, Cole Huber LLP, and the installation of a section of fencing, a
budget amendment will have to be completed. Current funding is in a City revenue account and will need to
be moved to a dedicated Landfill Enforcement account to pay the following:
Rincon Environmental LLC
Professional Services Agreement for Local Enforcement Agency Regulatory Compliance Services in the
amount of $120,000.
Cole Huber LLP
Extension of the Legal Services Agreement to serve as legal counsel for legal services to the City in
connection with the BKK landfill Local Enforcement Agency in the amount of an additional $35,000.
Fencing Company
Installation of fencing on City property in the amount not to exceed $35,000, which includes a 10%
contingency.
The budget amendment covers Fiscal Year 2020-21 as summarized below:
$120,000.00 - Professional Services Agreement with Rincon Environmental LLC
$ 35,000.00 - Legal Services Agreement with Cole Huber LLP
35,000.00 - Installation of fencing
$190,000.00
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
OPTIONS:
Options available to the City Council are as follows:
1. Approve the recommendation; or
2. Provide alternative direction.
Prepared by: Gerardo Rojas, Economic Development Project Coordinator
Fiscal Impact
FISCAL IMPACT:
The cost for all Local Enforcement Agency services will be $190,000.00. These expenses will be paid from a
dedicated Landfill Enforcement account. The total General Fund cost is $0.
Attachments
Attachment No. 1 Resolution No.2021-18
Exhibit A - Budget Amendment Form LEA Accounts
CITY Achieve Fiscal Sustainability and Financial Stability
COUNCIL Enhance City Facilities and Infrastructure
GOALS & Enhance the City Image and Effectiveness
OBJECTIVES: Protect Public Safety
ATTACHMENT NO. 1
RESOLUTION NO.2021-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING
JULY 19 20209 AND ENDING JUNE 309 2021
WHEREAS, the City Manager, on March 9, 2020, entered into a Legal Services Agreement
with Cole Huber LLP for the firm to provide legal services to the City in connection with the BKK landfill.
Subsequently, on November 17, 2020 the City Council authorized the City Manager to negotiate and
execute any documents necessary for the continued engagement of Cole Huber LLP as legal counsel for
legal services to the City in connection with the BKK landfill Local Enforcement Agency. At the October
20, 2020 council meeting, Council approved compensation of $35,000 for said services; and
WHEREAS, On October 20, 2020, the City approved Resolution 2020-104 — a Resolution of the
City Council of West Covina confirming a Waste Management Enforcement Agency as a division of the
Fire Department and designating a Local Enforcement Agency for Enforcement of a Solid Waste
Management Program in the City of West Covina. In so doing, the City concurrently entered into a
Professional Service Agreement with Rincon Environmental LLC for Local Enforcement Agency
Regulatory Compliance Services. The contract amount was approved for $120,000; and
WHEREAS, On October 20, 2020, Council also approved the installation of a section of fence
on City property that was previously removed during grading for the Big League Dreams and the Heights
Shopping Center. The contract amount was approved for $35,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves Budget Amendment No. 039, attached
hereto as Exhibit A, related to Fiscal Year 2020-21.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter
the same in the book of original resolutions and it shall become effective immediately.
APPROVED, AND ADOPTED this 6th day of April, 2021.
APPROVED AS TO FORM
Letty Lopez-Viado
Mayor
ATTEST
Thomas P. Duarte
Lisa Sherrick
City Attorney Assistant City Clerk
ATTACHMENT NO. 1
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby
certify that the foregoing Resolution No. 2021-18 was duly adopted by the City Council of the City
of West Covina, California, at a regular meeting thereof held on the 6th day of April, 2021, by the
following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
BA #
CITY OF WEST COVINA Posted By:
BUDGET AMENDMENT Date Posted:
Date: 04/06/2021 Fiscal Year: 2020-2021
Requested by: Gerardo Rojas Amount: $183,179.60 Net Zero
Dept/Div: Community Development Description: Reclass Funds from 110 to 145
EXPENDITURES
Account Number
Dept/Account Description
Current Budget
Proposed
Amendment
Amended Budget
110.95.9500.9145
Transfer Out
305 000.00
305 000.00
145.71.4182.6120
Other Contractual Services
50 732.00
305 000.00
355 732.00
REVENUES
Account Number
Account Description
Current Budget
Proposed
Amendment
Amended Budget
145.00.9110
Transfer In
305 000.00
305 000.00
Reclassify funds in order to pay pending and future Local Enforcement Agency Regulatory Compliance Services.
APPROVALS
City Council Approval Date (if required, attach minutes): ❑ Approval Not Required
Dept Head Approval:
Date:
Finance Director: Date:
Funds Available? ❑ Yes ❑No
City Manager: Date:
(if over $100,000)
❑ Approved ❑ Denied