Resolution - 9106RESOLUTION NO. 9106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA PRESCRIBING FEES TO FUND AND OR
REIMBURSE THE CITY FOR LOCAL ENFORCEMENT
AGENCY COSTS FOR THE 1994-95 FISCAL YEAR
. WHEREAS, the City of West Covina's Waste Management
Enforcement Agency has been designated by the California Integrated
Waste Management Board, in accordance with the California
Integrated Waste. Management Act of 1989 ("Act"),.as the Local
Enforcement Agency for the City of West Covina ("LEA"); and
WHEREAS, in accordance with state law, the LEA is a
comprehensive Solid Waste Management Agency which performs
enforcement, inspection and permitting duties for handling
permitted, closed, abandoned, exempt, illegal and inactive solid
waste facilities; and
WHEREAS, the LEA is responsible for carrying out solid
waste management in its jurisdiction as defined under Title 14
California Code of Regulation Section 17225.70 and Division 30 of
the California Public Resources Code; and
WHEREAS, the LEA is required under state law to
demonstrate the adequacy of its staff time and resources for
inspections, enforcement activities, permit activities, corrective
actions, training, management, and technical and non -technical
support, and is to account for all anticipated expenditures and to
maintain a budget which identifies such expenditures sufficient to
fulfill the LEA's duties and responsibilities under state law; and
WHEREAS, the LEA has prepared and submitted an estimate
for the 1994-95 Fiscal Year, a copy of which is attached as Exhibit
"A" to this Resolution, of .the actual costs of solid waste
enforcement of the LEA under the Act ("budget") for that Fiscal
Year to be $307,620; and
WHEREAS, all such actual costs and fees estimated by the
LEA in.the attached Exhibit "A" are anticipated expenditures of the
LEA for the 1994-95 Fiscal Year, and include but are not limited to
anticipated expenditures for staffing; monitoring and testing
materials and equipment; health and safety fire protection
equipment and materials for staff; travel and per diem for
training, seminars, conferences and related matters; enforcement
actions, including staff and independent legal counsel costs;
consultant and technical support fees and costs; transportation
costs; and agency overhead; and
WHEREAS, all such actual costs and fees in the attached
Exhibit "A" are hereby determined to be necessary to the
enforcement of the Act by the LEA; and
WHEREAS,. the LEA, upon a majority vote of its local
governing body, is permitted to prescribe, revise and collect fees
• and other charges from each operator of a solid waste facility, so
long as the City has approved rate adjustments to compensate the
solid waste facility operator for the amount of the fees or charges
imposed; and
WHEREAS, BKK Corporation is the only operator of a
currently operating solid waste facility within the City of West
Covina, the BKK Landfill; and
WHEREAS, BKK Corporation, as the operator of the BKK
Landfill, is permitted, with the adoption of this Resolution, to
obtain compensation for the amount of fees and charges imposed
pursuant to this Resolution by charging an additional fee as set
forth in this Resolution for the disposal of solid waste at the BKK
Landfill; and
•WHEREAS, the LEA's fees and costs identified for the
1994-95 Fiscal Year may be collected by the operator of the BKK
Landfill from its customers based on an estimated volume of solid
waste of 2,642,802 tons for the 1994-95 Fiscal Year at a rate of
$.1164 per ton; and
WHEREAS, the fees and costs to be imposed with the
adoption of this Resolution for the 1994-95 Fiscal Year are
budgeted costs estimated to be equal to the actual costs of solid
waste enforcement to be incurred by the LEA in accordance with its
authorized duties, functions and obligations under state law; and
WHEREAS, although the operator of the BKK Landfill has
paid a portion of the actual costs incurred by the LEA for the
1993-94 fiscal year, litigation is pending over the total amount
required to be.paid to reimburse the City for the 1993-94 fiscal
year, and no portion of the unpaid amounts for the 1993-94 fiscal
year has been included in Exhibit "A";
WHEREAS, any payments made by the operator of the BKK
Landfill in excess of the actual costs incurred by the LEA during
the 1994-95 Fiscal Year shall be credited to future fees and costs
incurred by the LEA as a result of activities associated with the
operation of the BKK Landfill and any portion of the credited fees
that exceed the future estimated fees and costs for the 1995-96
Fiscal year shall be returned to the operator;.and
WHEREAS, it is contemplated that the LEA will receive no
revenues other than the per ton tipping fee set forth in this
Resolution in the 1994-95 Fiscal year; and
WHEREAS, all such expenses identified herein are
considered governmental charges; and
WHEREAS, the fee imposed in accordance with this
Resolution is consistent with existing City practice of seeking
reimbursement for LEA costs and expenses.
NOW, THEREFORE, the City Council of the City of West
Covina does resolve 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, a tipping fee of $.1164 per ton
or the equivalent thereof shall be collected or otherwise paid by
the operator of the BKK Landfill and remitted to the City on a
monthly basis within 15 days following the conclusion of each month
of the 1994-95 Fiscal Year.
SECTION 3. The tipping fee imposed by this Resolution
shall expire at the conclusion of the 1994-95 Fiscal Year or after
2,642,802 tons of solid waste have been deposited at the BKK
Landfill, whichever is earlier, unless actual costs and fees exceed
. the budgeted estimates, in which case the .tipping fee shall
continue until all such actual costs and fees are recovered.
SECTION 4. All fees paid to the City under this
Resolution shall be retained in an account designated specifically
for the payment and reimbursement of LEA costs and fees. Once all
such costs and fees have been paid or reimbursed from this account,
any surplus amount shall be retained and credited against the fees
and costs budgeted for the 1995-96 Fiscal Year; if any surplus
should still remain after a credit is provided for the 1995-96
Fiscal Year estimated fees and costs, said. surplus shall be
E
•
returned to the operator. Any shortfall in fees and costs
collected under this Resolution for the actual fees and costs
incurred by the LEA during the 1994-95 Fiscal Year which remain
unpaid shall be included in the calculation of the fees and costs
to be collected for the 1995-96 Fiscal Year.
SECTION 5. The adoption of the fees herein is exempt
from the requirements of the California Environmental Quality Act
as the proceeds of such fees are to reimburse the City for actual
fees and costs and not capital charges.
SECTION 6. All amounts due and owing to the City of West
Covina in accordance with this Resolution, if not paid as required
in this Resolution, shall become debts due and owing to the City by
the operator of the BKK Landfill, and interest at the current legal
rate of interest shall accrue on any and all such amounts and such
interest shall also become a debt due and owing to the City.
SECTION 7. 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 effect the validity of the
remaining portions, sections, subsections, sentences, clauses or
phrases of this Resolution. The 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.
Adopted and approved this 21st day of June , 1994.
ATTEST:
/ ,T 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 1994, by the
following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM:
Manners, Touhey, Wong, Herfert, McFadden
None
None
None
�faiQf4RG�.rw. wafvta-
City Att rney
I
EXHIBIT A
Page 1
Date 06/16/94
Fund
120
Waste Management Enforcement Agency
1994/95
Dept
2315
Landfill Enforcement
Manager
Recommend
SEQ
OBJ
DESCRIPTION
Budget.
PERSONNEL.SERVICES
5111
Full.Time Salaries
1
2 Full Time Employees.
86,330
'Object Total
86.,330
5112
Limited Services Salaries
21,000
5113
Overtime Salaries
5122
Holiday Pay
650
5151
Workers' Compensation
360
5152
Health/Flex Benefit
10,420
5153
Group Life
240
5154
Group Long Term Disability
530
5155
Medicare
1,320
5156
Unemployment
140
5157
Retirement
12,290
5158
Deferred Compensation
1,800
5159
Dental Ins Benefit
Total Personnel Services
135,080
MATERIALS & SERVICES
6010
Uniforms
6020
Educational
1,000
6021
Journals & Publications
1,400
6023
Meetings & Seminars
400
6030
Memberships.
1
NEHA,,CITRUS CHPT., SWANA
300
Object Total
360
6050
Allowances
1,100
6052
Reimbursed Mileage
6053
Special Mtgs
1,000
6054
Conferences
1
CEHA
300
2
NEHA
300
3
SWANA
300
Object Total
900
6111
Legal Services
1
SWFP, EIR, REVISION, RDSI ETC.
2
Closure Plan
3
Financial Assurances
4
Inspections
5
Other Enforcement Activities
6
N & O Enforcement
7
Total all Legal
50,000
Object Total
50,000
6119
OTHER PRO. SERVICES
1
LEA Manager Baseline Physical
360
Object Total
360
EXHIBIT A
Page 2
Date 06/16/94
Fund 120 Waste Management Enforcement Agency 1994/95
Dept 2315 Landfill Enforcement Manager
Recommend
SEQ OBJ DESCRIPTION Budget
6120
OTHER CONTRACTUAL SERVICES
1
Tech. Services ADC
30,000
2
Sampling.& Analysis
10,000
3
Pager
110
4
Cal Poly Intern
3,000.
5
Design & OPS Plan Review
10,000
6
Other Tech. Services
10,000
Object Total
63,110
6140
Utility Services
6144
Telephone & Teletype
1,930
6145
Other Communications
6210
Office Supplies
1,000
6211
Stationery & Envelopes
6212
Reprographic Services
2,740
6213
Postage
6270
Special Department Supplies
1,000
6320
VEHICLE -GAS, OIL, POOL CAR, MISC
1,840
6327
FLEET MANAGEMENT
1,190
6330
EQUIPMENT M & R
Fax, Copier, & Printer
100
Object Total
100
MATERIAL
& SERVICES
6410
Property & Liability Ins
2,500
6481
Vehicle Replacement
3,320
6493
Admin. and Overhead
35,350
Total Materials & Services
170,540
EQUIPMENT
7120 Office Equipment
7121 Office Machines
7130 Data Processing Equipment
7150 Field & Shop Equipment
Monitoring & Testing Equip. 2,000
Object Total 2,000
7170 Vehicles &Mobile Equipment
Total Equipment 2,000
Department Total 307,620
Fund Total 307,620
Report Total 307,620