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
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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.
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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
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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