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
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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
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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
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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
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