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July 19, 1990
HONORABLE CITY COUNCIL
Palo Alto, California
!!I'J9'PEP LANDFILL CLOSURE fIJlANCIAL REOOlREMEN'fS
Members of the Council:
Documentation for establishing a financial mechanism for landfill
closure. and post-closure maintenance was filed 'idth the California
Integrated Waste Management Board (Board) on May 15, 1990. The
packet sent. to the Boi5:rd included a ilesolution approved by Council
on May Ie establishing a -Landfill Closure and Post-closure
Maintenance Reserve-within the Refuse Fund (CMR: 285:0).
On July 3, 1990, the city vas informed that the landfill financial
closure mechanis1I the city filed will not be accepted until certain
wording cbanges are made for clarification. Attached is a revised
Jlesolution, re.placinq the one passed by Council in May. It
incorporates minor word changes, as well as a new section stating
that future disbursement of funds fo-r landfill closure shall be in
accordance with State requirements. The Board has indicated that
these changes must be included in the Resolution. Board acceptance
of the Resolution 1s necessary for vork to proceed on Byxbee Park.
A related staff report on the sta.tus ot BYl'bee Park construction is
beinq su~itted separately to Council.
a!R:434 :0
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RecommendatiOlji
Staff recommends that Council approve the attacbed Resolution
establishIng a -Landtill Closure and Post-Closure Maintenance
Reserve-within the exIsting Refuse Enterprise Fund~ This
Resolution replaces the one passed by Council on May 14, 1990.
Respectfully submitted,
~~
fl STEELE
Senior Financial Analyst
L.th" 040 ~ HAlUUSON
'D :r1'ance
CMR'434: 0 2
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RESOLUTION NO.
l<ESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
REPEALING RESOLUTION NO. 6839 AND ESTABLISHING
FINANCIAL ASSIJRANCE FOR CLOSURE AND POST-CLOSURE
MINTENANCE COSTS OF THE PALO ALTO REFUSE DISPOSAL
AREA l'URSUAN'l' TO PROVISIONS OF THE CALIFORNIA
GOVERNXEIIT CODE AND REGULATIONS OF TITLE U OF THE
CALIFORNIA CODE OF kEGULATIONS
~REAS, California Government code section 66796.22 and
provisions of Title 14 of the California Code of Regulations,
Cbapter 5, Article 3.5 (hereinafter -Regulations-), require
ope:z:ators of solid waste landfills to demonstrate the availabil ity
of financial resources to co!lduct closure and post-closure
maintenance activities; and
WHEREAS, Sect.ions 1828] ~nd 18285 of the Regulations
specify an Enterpris~ Fund and a related financial assurance
lIIechanis:Il as an acceptable Ilechanism. to demonstrate financial
responsi~ility tor financinq closure and/or post-closure mainte
nance costs of a solid waste landfill; and
WHEREAS~ the city of Palo Alto owns and operates the Palo
Alto Refuse Disposal Area;
NOW, THEREFORE, be it RESOL\1[D by the Council of the City
of Palo Alto as follows:
SECTION 1. The Director of Finance of the city of palo
~to is hereby authorized and directed to establish, maintain and
account for a -Landfill Closure and Post-Closure Maintenance
Reserve-within the existing Refuse Enterprise FUnd of the City of
Palo Alto for the Palo Alto Refuse Disposal Area t-Closure/Post
Closure Reserve-) and to deposit in said account sufficient funds
to lI'leet the requirements of sections 182132 and 18285 of the Regl.lla
tions.
SECTION 2. The monies in the Closure/Post-Closure
Reserve of the Refuse Fund referred to in Section 1 of this
Resolution.. sball be deposited and retained by the Director of
Finance of the city of Palo Alto. shall be accounted for separately
in the financial reports of the City and snaIl be used to pay only
for closure and post-closure maintenance of the Palo Alto Refuse
Disposal Area.. The Directo·r o.f Finance shall neither direct. nor
withdraW' from. the investments of the City of palo Alto .. mOl1ies
represented by the balances of said Closure/Post-Closure Reserve
except for the purposes and the requirements of Sections 18282 and
18285 or the Regulations ..
SECTION l.. To the extent permitted by law". the Closurel
Post-Closure Reserve shall be and remain inviolate against all
other claims, including clai'lls of this City or its City counei I" or
~he creditors thereof" it being the intent of this Resolution that
the mechanism established hereby will provide equivalent protection
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to a trust fund in ensurinq that t~e assured amounts of funds will
be available on a timely basis for closure and/or post-closure
maintenance costs of the Palo Alto Refuse Disposal Area.
~tCTION 4. The Closure/Post-Closure Reserve shall be
invested by the Treasurer in the manner provided by la~ and the
investment policy of the City of Palo Alto.
SECTION 5. Disbursement of funds for closure and/or
postclosure maintenance sha.ll be in accord.ance 'With Sections
18262.3 and 19265.3 of the Regulations.
SECTION 6. In the event the California Integrated Waste
Hanaqement Board (the -Board-J determines that this City has failed
to perform closure and/or post-closure maintenance as required by
law, the Board may direct the Director of Finance to pay to the
City Xanager from the Closure/Post-closure Reserve such amounts as
are necessary to ensure SUfficient closure and/or post-closure
maintenance. The City Manager shall then be obligated to use such
fu,nds for closure or post-closure maintenance costs in accordance
with th~ directive of the Board.
SECTION 7. The City Engineer is directed to produce or
cause to be produced an annual report for transmittal to the Board,.
containinq the following inforJlation concerning the Palo Al to
Refuse Dispos~l Area:
Ca) As appropriate, a revised Closure Cost Estimate,
prepared as specified by Section 18263 of the Regulations.
(b) As appropriate, a revised Post-Closure Mainte
nance Cost Estimate ... prepared as specified by Section 1B266
of the Regulations.
ee) status, includinq current balance of the Palo
Alto RefUse Disposal Area Closure/Post-Closure Maintenance
Reserve.
(d} The number of current members of the Council of
the City o~ Palo Alto ~bo voted affirmatively vben this
Resolution yas adopted or last reaffirmed~
SECTION 8.
is bereby repealed.
Resolution Number 6839 adopted May Ie, 19'90,
SECTION 9. The Council of the City of Palo Al to shall
reconsider this Resolution wbenever t1l.e number of the then current
members of the Council vho voted affirmatively when this Resolution
vas adopted or last reaffirmed is less than the majority of the
t.ot-a} members.
IIITRODUCED AND PASSEO:
AYES:
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NOES:
ABSENT:
ABSTENTIONS:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Acting City Attorney City .Manager
Director of Public Works ----
Director of Financ~eo------------
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