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Resolution - 9244RESOLUTION NO. 9244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA SETTING FEES TO FUND AND/OR REIMBURSE THE CITY FOR LOCAL ENFORCEMENT AGENCY COSTS FOR THE 1995-96 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 Enforcement 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 City and BKK are presently in litigation over the enforcement of a Memorandum of Understanding entered into by and between the City and BKK in November of 1985, which requires BKK to cease accepting waste at the Landfill by no later than November 22, 1995 (hereafter referred to as the "MOU Litigation"); and WHEREAS, the City expects to prevail in the MOU litigation and consequently expects the MOU will be enforced and the Landfill will be required to cease accepting waste by November 22, 1995; however, due to trial delays, appeals or other legal proceedings it is conceivable the actual date by which BKK ceases to accept waste could be later than November 22, 1995 and the fee schedule proposed herein reflects this possibility; and WHEREAS, once the Landfill ceases accepting waste, or prior to June 30, 1996, a new fee system or other appropriate charges will be determined and assessed pursuant to resolution of the City Council, to be adopted at that time to reimburse the LEA for its future costs of solid waste enforcement; and WHEREAS, the LEA has prepared and submitted an estimate for the 1995-96 Fiscal Year (a copy of which is attached as Exhibit "A" to this Resolution) of the estimated actual costs of solid waste enforcement of the LEA under the Act ("Budget") to be $322,390, which for budget purposes only is based on the BKK Landfill continuing to accept waste at the same level throughout the Fiscal • Year; and WHEREAS, the Budget attached as Exhibit "A" may be adjusted once the MOU Litigation has been concluded and/or BKK has ceased accepting solid waste for disposal at the Landfill; and 1 WHEREAS, all actual costs and fees estimated by the LEA in the attached Exhibit "A" are anticipated expenditures of the LEA for the 1995-96 Fiscal Year, based upon BKK accepting solid waste throughout the Fiscal Year. These expenditures 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" will be necessary to the enforcement of the Act by the LEA should BKK accept solid waste throughout the 1995-96 Fiscal Year; 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; 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 include in its tipping fee 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 equally to all customers depositing waste at the landfill; and WHEREAS, the LEA's fees and costs identified for the 1995-96 Fiscal Year may be collected by the operator of the BKK Landfill equally from all of its customers based on an estimated volume of solid waste of 3,130,225 tons for the 1995-96 Fiscal Year at a rate of $.103 per ton, which presumes, solely for purposes of prorating fees, a full year of accepting solid waste at the Landfill; and WHEREAS, the fees and costs to be imposed with the adoption of this Resolution for the 1995-96 Fiscal Year are budgeted costs estimated to equal 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 only paid a portion of the actual costs incurred by the LEA for the 1994-95 Fiscal Year, collection of the unpaid LEA costs for the 1994-95 Fiscal Year will be resolved through prior litigation and a settlement of the same, and no portion of the unpaid amounts for the 1994-95 Fiscal Year has been included in Exhibit "A"; and WHEREAS, any payments made by the operator of the BKK Landfill that exceed the actual costs incurred by the LEA during the 1995-96 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, but any portion of the credited fees that exceeds the total future estimated fees and costs for the 1996-97 Fiscal Year shall be returned to the operator; and WHEREAS, all such expenses identified herein are considered governmental charges; and ISWHEREAS, 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: E 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 $.103 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 30 days following the conclusion of each month of the 1995-96 Fiscal Year. SECTION 3. The tipping fee imposed by this Resolution shall expire at the conclusion of the 1995-96 Fiscal Year or after) 3,130,225 tons of solid waste have been deposited at the BKK Landfill, or upon the adoption of a subsequent resolution modifying the LEA cost reimbursement procedure, whichever is earlier. This tipping fee of $.103 per ton shall be passed on equally to. all customers depositing waste at the landfill. SECTION 4. The City Council may, from time to time, review the amount of the tipping'fee at any time during the Fiscal Year, and may adjust the tipping fee accordingly, based on any change in actual or anticipated LEA costs, or based on the quantity of solid waste disposed of or anticipated to be disposed of at the BKK Landfill, and/or the cessation of the disposal of waste at the Landfill by November 22, 1995, or thereafter. SECTION 5. If BKK ceases accepting waste at the Landfill by November 22, 1995, as required under the MOU, or at any other time before June 30, 1996, a new Budget estimating the actual and anticipated LEA costs and expenses will be prepared, and a new fee system or other appropriate basis to recover LEA costs will be adopted by resolution. SECTION 6. 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 1996-97 Fiscal year; if any surplus should still remain after a credit is provided for the 1996-97 Fiscal Year estimated fees and costs, said surplus shall be 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 1995-96 Fiscal year which remain unpaid shall be included in the calculation of the fees and costs to be collected for the 1996- 97 Fiscal Year, or in a subsequent resolution for the remainder of the 1995-96 Fiscal Year. SECTION 7. 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 are not capital charges. SECTION 8. 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 9. 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. 3 Adopted and approved this 1st day of August , 1995. 40 ATTEST: W' City Clerk May r 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 1st day of August 1995, by the. following vote•of the Council: AYES: Manners, McFadden, Touhey, Wong, Herfert NOES: None ABSENT: None ABSTAIN: None y APPROVED AS TO FORM: ova City Attorney rij City Clerk. 0 l EXHIBIT A Page 1 Fund 120 Waste Management Enforcement Agency 1995/96 Dept 2315 Landfill Enforcement Manager Approved SEQ OBJ . DESCRIPTION Budget PERSONNEL SERVICES 5111 Full Time Salaries 90,180 5112 Limited Service Salaries 21,840 5151 Workers' Compensation 370 5152 Health/Flex Benefit 10,420 5153 Group Life 260 5154 Group Long Term Disability 550 5155 Medicare 1,630 5156 Unemployment 120 5157 Retirement 12,800 5158 Deferred Compensation 1,800 5159 Dental Ins Benefit 140 Total Personnel Services 140,110 MATERIAL & SERVICES 6020 Educational 1,000 6021 Journals & Publications 1;000 6023 Meetings & Seminars 500 6030 Memberships 500 6053 Special Meetings 750 6054 Conferences 900 6111 Legal Services 50,000 6120 Other Contractual Services 60,000 6144 Telephone & Teletype 2,370 6210 Office Supplies 1,000 6212 Reprographic Services 2,970 6270 Special Department Supplies 1,000 6320 Vehicle -Gas, Oil, Pool Car, Misc 970 6327 Fleet Management 1,130 6410 Property & Liability Ins 5,000 6481 Vehicle Replacement 1,900 6493 Admin. and Overhead 48,290 • Total Materials & Services 179,280 EQUIPMENT 7120 Office Equipment 1,.000 7150 Field & Shop Equipment 2,000 Total Equipment 3,000 Department Total 322,390 Fund Total 322,390 Report Total 322,390