Loading...
HomeMy WebLinkAbout0434.000- , o ~sta o 7 , 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 ....:', ;.- 1 • , , !e I I -~:ij-'--,. <~i .. ···.·'.·f ~ , , : - ,,-, ,'. ; / 0 0 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 • \ , , ~ r-I .-- - o 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 1 • \ , • ., \ \\ \ --\. .. -1 ., <-." . -.-?./ i:tr;' '.\;~~'.' .. ~~. r: I , i- - o o 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: 2 • \ , .- \ \ \ \ \ \ ,~,~~~-. • . . / o o 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------------ acb07j17j90kp 3 ail '-" .-.... -'-'--~-... - .'~j~·-"':"c):'-i- '~~~1) ---'-' .: --"