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Resolution - 9350RESOLUTION NO. 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 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 Corporation ("BKK") have settled litigation over the enforcement of a Memorandum Of Understanding entered into by and between the City and BKK in November of 1985, and such settlement, among other things, requires BKK to permanently cease accepting waste at the Landfill by no later than September 15, 1996 ("Cessation Date"); and WHEREAS, the City and BKK have also settled litigation over past LEA costs and fees ("LEA Litigation"), and litigation over business license taxes due and owing to the City ("BLT Litigation"); and WHEREAS, the settlements of the LEA and BLT Litigations, in part, provide for the payment of all LEA costs and expenses, excluding .only legal fees, by BKK until the Cessation Date, and for a one year period thereafter, but not to exceed $150,000 for such one year period; and WHEREAS, the LEA has prepared and submitted an estimate for the 1996-97 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"), based on the BKK Landfill continuing to accept waste until September 15, 1996, and based on BKK thereafter proceeding with Closure activities for closure of the Landfill; and • WHEREAS, all actual costs and fees estimated by the LEA in the attached Exhibit "A" are anticipated expenditures of the LEA for the 1996-97 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 FI training, seminars, conferences and related matters; and including consultant and technical support fees and costs; transportation costs; and agency overhead. The LEA fee and costs, excluding legal fees, are hereafter referred to for purposes of this Resolution as "LEA Costs"; and WHEREAS, all LEA Costs and LEA legal fees in the attached Exhibit "A" will be necessary for enforcement of the Act by the LEA throughout the 1996-97 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 is the only operator of an operating solid waste fadility within the City of West Covina, the BKK Landfill; and WHEREAS, BKK, as the operator of the BKK Landfill, is permitted, with the adoption of this Resolution, to include in the tipping fee charged equally to all customers, the amount of per ton 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 pro rata LEA Costs identified for the 1996-97 Fiscal Year, through September 15, 1996, equaling approximately $40,000, 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 720,000 tons to be disposed of until the Cessation Date; and WHEREAS, BKK has agreed to pay all LEA Costs for one year after the Cessation Date, up to $150,000. Such amounts shall be paid by BKK by the end of each quarter after the Cessation Date, in the amount of $37,500 for the first three quarters. An additional payment of $37,500'for the fourth quarter after the Cessation Date shall be paid by BKK if the LEA Costs exceed $150,000 for the entire one year period after the Cessation Date; otherwise, the fourth quarter payment shall equal the difference between the total LEA Costs incurred within the one year period after the Cessation Date, less the total payments made by BKK in the previous three quarters; WHEREAS, BKK shall further pay any and all LEA Costs due and owing from the City for the 1995-96 Fiscal Year, and for the 1996- 97 Fiscal Year, up to the Cessation Date, not otherwise paid pursuant to the tipping fees set forth herein, within 30 days of receiving a final accounting from the City on such LEA Costs, if any; and WHEREAS, the fees and costs to be reimbursed by BKK pursuant to this Resolution 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, any payments made by BKK for LEA Costs prior to the Cessation Date that exceed the actual costs incurred by the LEA during such period shall be credited to future LEA Costs to be paid by BKK; and • WHEREAS, all such costs, fees and expenses identified herein are considered governmental charges; and WHEREAS, the fees imposed in accordance with this Resolution are consistent with existing City practice of seeking reimbursement for LEA Costs and expenses. E 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 $.06 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 1996-97 Fiscal Year up to the Cessation Date, for all waste accepted at the Landfill. SECTION 3. The tipping fee imposed by this Resolution shall be passed on equally to all customers of BKK depositing waste at the Landfill, and shall expire on the Cessation Date. SECTION 4. In addition to the tipping fee to be paid under this Resolution, BKK shall pay all LEA Costs due and owing to the City from the 1995-96 Fiscal Year, and the 1996-97 Fiscal Year, up to the Cessation Date, that have not otherwise been paid pursuant to the tipping fees set forth in this Resolution or in prior Resolutions of the City Council. Such amounts shall be paid by BKK within thirty (30) days from the date of receipt of the City's final accounting of all such LEA Costs; any overpayments made by BKK for LEA Costs incurred in the 1995-96 or 1996-97 Fiscal Year, up to the Cessation Date, shall be credited towards payments. to be made for LEA Costs after the Cessation Date. .SECTION 5. Pursuant to the settlement of the BLT Litigation, BKK shall pay all LEA Costs for one year after the Cessation Date, up to $150,000. This amount shall be paid by BKK by the end of each quarter after the Cessation Date in the amount of $37,500 for the first three quarters. An additional payment of $37,500 for the fourth quarter after the Cessation Date shall be made by BKK for LEA Costs, if the LEA Costs exceed $150,000 for the entire one year period; otherwise, the fourth quarter payment to be made by,BKK shall equal the difference between the total LEA costs for the one year period after the Cessation Date, less the total payments for such LEA Costs made by BKK during the previous three quarters. SECTION 6. The City Council may, from time to time, review the amount of the tipping fee and the other, amounts imposed hereunder, and may adjust such fees 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 or any other change in circumstances. 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 3 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 2nd day of July, 1996. La Mayor ATTEST:, 4. �10 r 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 2nd day of July 1996, by the following vote of the Council:. AYES: Herfert, Manners, McFadden, Wong, Touhey NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: c a e�eA ovxon Cit Attorney • I City Clerk 0 EXHIBIT A Page 1 Fund 120 Waste Management Enforcement Agency 1996/97 Dept 2315 Landfill Enforcement Manager Approved SEQ OBJ DESCRIPTION Budget PERSONNEL SERVICES 5111 Full Time Salaries 91,700 5112 Limited Service Salaries 5122 Holiday Pay 5124 Sick Leave/Vac Buy Back 540 5151 Workers' Compensation 300 5152 Health/Flex Benefit 10,420 5153 Group Life 260 5154 Group Long Term Disability 560 5155 Medicare 1,330 5156 Unemployment 100 5157 Retirement 11,480 5158 Deferred Compensation 1,800 5159 Dental Ins Benefit 140 Total Personnel Services 118,630 MATERIAL & SERVICES 6020 Educational 1,000 6021 Journals & Publications 1,000 6023 Meetings & Seminars 640 6030 Memberships 500 6052 Reimbursed Mileage 100 6053 Special Meetings 750 6054 Conferences 900 6120 Other Contractual Services 10,000 6144 Telephone-& Teletype 2,130 6210 Office Supplies 700 6212 Reprographic Services 3,090 6270 Special Department Supplies 1,000 6320 Vehicle -Gas, Oil, Pool Car, Misc 990 6327 Fleet Management 1,120 6410 Property & Liability Ins 5,000 6481 Vehicle Replacement 1,180 6493 Admin. and Overhead 54,990 Total Materials & Services 85,090 Fund Total 203,720 •