Resolution - 8984RESOLUTION NO. 8984
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA CONFIRMING AND ESTABLISHING UUP
ADMINISTRATIVE AND INSPECTION FEES FOR FISCAL YEAR
1992-93 AND CONFIRMING PROSPECTIVE FEES AND THOSE
FOR SPECIFIC COMPLAINTS
• WHEREAS, City of West Covina Unclassified Use Permit Revision
No. 5 ("UUP") regulates certain land uses at the BKK Landfill; and
WHEREAS, Section 10A of the UUP provides that each year before
July 1, the City Council will establish an administrative,
enforcement and inspection fee sufficient to reimburse the City for
its actual costs of inspection and enforcement of the UUP; and
WHEREAS, actual costs include the salary and benefit costs of
staff performing inspection and enforcement duties, as well as
administration, supplies, equipment, legal, engineering and other
consultant fees, staff training and so forth; and
WHEREAS, the fee set out is limited to such general actual
costs under the UUP but does not include those for responding to
specific complaints since such costs are to be collected pursuant
to the second paragraph of Section 10A of the UUP; and
WHEREAS, such fee shall be paid annually by the BKK Landfill
operator on or before the first day of July for expenses incurred
during the preceding year; and
WHEREAS, Section 10A of the UUP also provides that in
addition, the landfill operator is to reimburse the City for costs
and fees for dealing with specific complaints, which authority is
confirmed herein, whereby these costs are to be paid to the City
prior to the issuance or renewal of a business license; and
law.
WHEREAS, notice and hearing have been provided as required by
NOW, THEREFORE, the City Council resolves as follows:
Section 1. Amount of Fee for 1992-93 Fiscal Year
(a) The Recitals set out above are true and cor-
rect.
(b) For the 1992-93 Fiscal Year, the City's actual
costs incurred for inspection of the operation
of the landfill and the enforcement of the UUP
are $20,261.58.
(c) BKK already has paid $9,467.72 of this amount.
(d) The general inspection and enforcement fees
for 1992-93 Fiscal Year remaining to be paid
to the City by the BKK Landfill is $10,793.86
to be paid to the City before July 1, 1993.
(e) This fee does not include any costs and fees
incurred in responding to specific complaints
or problems nor does it include amounts to be
reimbursed for local enforcement agency
• duties.
Section 2. Fee for the 1993-94 Fiscal Year
This fee shall be the actual costs as described in the
recitals.
Section 3. Reimbursement for Specific Complaints
In addition, BKK shall reimburse the City for the actual costs
and fees of responding to specific complaints, problems, etc.,
regarding the landfill in accordance with Section 10A of the UUP.
The total amount to be reimbursed to the City for these costs and
fees is $2,668.00. This amount is to be paid to the City prior to
the issuance or renewal of BKK's business license.
Section 4. This Resolution confirms past -City practice
establishing the fee as set out in Section 10 of the UUP. Failure
to pay this fee constitutes a violation of the UUP, and is subject
to the remaining sections therein.
• Section 5. The adoption of this fee is statutorily exempt
from CEQA as it is to reimburse the City for actual operation costs
of administrative inspection and enforcement, not capital charges.
Section 6. If any section, subsection, sentence, clause or
phrase of this resolution is for any reason held to be invalid or
unconstitutional following a decision by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions, sections, subsections, sentences, clauses or
phrases of this resolution. The City Council hereby declares and
resolves that it would have passed this resolution and each and
every section, subsection, sentence, clause or phrase not declared
invalid or unconstitutional without regard to whether any other
portion of this resolution is subsequently declared invalid or
unconstitutional.
PASSED, APPROVED AND ADOPTED THIS 21st day of June ,
1993.
ATTEST:
CITY CLERK
I hereby certify that the foreging Resolution was duly adopted by
the City Council of the City of West Covina at a regular meeting
thereof held on the 21stasday of June , 1993 by the following
vote of the Council
AYES: Jennings, Wong, Herfert, Manners, McFadden
NOES: None
ABSENT: None
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CITY CLE
APPROVED AS TO FORM:
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CITY —ATTORNEY
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