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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