Resolution - 8985RESOLUTION NO. 8985
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA CONFIRMING FEES TO FUND OR
REIMBURSE THE CITY FOR LOCAL ENFORCEMENT
-- AGENCY COSTS OF ENFORCEMENT AND INSPECTION FOR
FISCAL YEAR 1993-94
• WHEREAS, the City of West Covina has received approval
from the California Integrated Waste Management Board of its
designation of a Local Enforcement Agency (LEA) pursuant to Public
Resources Code, Section 43200, et seq.; and
WHEREAS, the duties of such Local Enforcement Agency
include, but are not limited to, those specified in Public
Resources Code Section 43209 and include enforcement of standards
for the handling and disposal of solid wastes within the City of
West Covina; and
WHEREAS, the City of West Covina, as governing body of
the Local Enforcement Agency designated pursuant to Public
Resources Code Section 43200 et seq., may prescribe, revise and
collect fees or other charges for the actual costs of solid waste
enforcement of the Local Enforcement Agency pursuant to Public
Resources Code Section 43213, which charges may be collected from
each operator of a solid waste facility; and
WHEREAS, there needs to be some certainty with the LEA
costs to allow BKK to pass through and plan for such costs
annually; and
WHEREAS, the LEA has prepared a budget for the 1993=94
Fiscal Year, a copy of which is attached as Exhibit "A", which
estimates the actual cost of solid waste enforcement under the
Integrated Waste Management Act, for that fiscal year, at $450,960
which costs are separate from those under the UUP and which do not
duplicate UUP costs; and
WHEREAS, actual local enforcement LEA costs for fiscal
year 1991-92 and 1992-93 equaled $253,745; and
WHEREAS, all such expenses are proper expenses of the LEA
for solid waste enforcement and include, but are not limited to,
the costs of administration (including salary and benefits),
training, travel, equipment and supplies, facilities, attorney
fees, engineers and other consultant costs, technical and
laboratory fees, all of which are considered charges which may be
recovered by the landfill operator from its customers; and
WHEREAS, all such expenses are considered governmental
charges; and
WHEREAS, LEA's costs may be collected by the operator of
the BKK Landfill from its customers, based on an estimated annual
volume of solid waste of three (3) million tons for the 1993-94
Fiscal Year, in the $450,960 for its 1993-94 estimated costs and
$253,745 for past actual local enforcement costs for Fiscal Years
1991-92 and 1992-93; and
WHEREAS, the City Council finds that the tipping fee per
ton so determined is the actual LEA cost for 1993-94 and that to
collect the fee on a volume basis is appropriate under Public
Resources Code Section 43213; and
WHEREAS, notice and hearing on the fee have been provided
as required by law; and
WHEREAS, this fee confirms and formalizes existing City
practice in seeking reimbursement for LEA costs.
NOW, THEREFORE, the City Council resolves as follows:
•
Section 1. The Recitals set out above are true and
correct.
Section 2. Notwithstanding any other maximum tipping fee
rate or rate cap set by the City, two tipping fees of $0.1503 and
$0.0846 per ton or the equivalent shall be collected or otherwise
paid by the BKK landfill and remitted to the City on a monthly
basis on or before the loth of each month commencing on the first
month of the 1993-94 Fiscal Year.
Section 3. All funds paid to the City under this
Resolution No. 8985 shall be retained in an account designated
specifically for the payment reimbursement of LEA costs. Once all
such costs have been paid or reimbursed from this account, any
surplus shall be retained and credited against the costs for the
next fiscal year. Similarly, a deficit shall be included in the
calculation of the next fiscal year costs.
Section 4. The adoption of this fee is exempt from CEQA
as the proceeds of the fee reimburse the City for actual
operational costs, not capital charges.
Section 5. 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 ?1st day of .111np, 1993.
ATTEST:
CITY CLERK
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 21st day of June , 1993, by the following vote
of the Council:
AYES: Jennings, Wong, Herfert, Manners, McFadden
NOES: None
ABSENT: None
• APPROVED AS TO FORM:
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CITY -ATTORNEY
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Exhibit "A"
City of West Covina
• Waste Management Enforcement
Local Enforcement Agency
Preliminary FY 1993-94 Operating Budget
Personnel $ 1079480
Legal Services 819500
Professional/Technical Services 1879850
Materials & Services 72,130
Equipment _ 2,000
TOTAL 45
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