HomeMy WebLinkAbout4917_CCv0001.pdf RESOLUTION NO. 4917
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AUTHORIZING FINANCIAL ASSURANCE FOR CLOSURE OF THE CALIFORNIA
STREET LANDFILL
WHEREAS, Public Resources Code sections 43500 through 43610 and Sections of Title 14 of
the California Code of Regulations("Regulations"), Division 7, Chapter 5, Article 3.5, require operators
of solid waste landfills to demonstrate the availability activities; and
WHEREAS, Sections 18283 and 18285 of the Regulations specify an Enterprise Fund and related
financial assurance mechanisms as an acceptable mechanism to demonstrate financial responsibility for
financing the closure of a solid waste landfill; and
WHEREAS, Section 18282 of the Regulations specifies the provisions for determining the
amount of required fund balance of the Financial Assurance Mechanism; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands that:
1. The Finance Director of the City of Redlands ("Finance Director") is authorized and
directed to establish and maintain an Enterprise Fund ("Enterprise Fund") for the
California Street Landfill ("the Landfill") and to deposit in the Enterprise Fund all
revenue derived from the operations of the Landfill.
2. The Finance Director is further directed to withdraw funds from the Enterprise Fund, for
deposit into the financial assurance mechanism hereafter provided, sufficient to meet the
requirements of Sections 18282 and 18285 of the Regulations on a timely basis.
3. The funds referred to in Section 2 above shall be deposited and retained by the Treasurer
of the City of Redlands ("Treasurer") in a separate fund to be known as the California
Street Landfill Closure Fund ("Closure Fund") established by the Finance Director of the
City of Redlands and shall be used to pay only for closure of the Landfill.
4. A subsidiary mechanism shall be established in accordance with Section 18283 and shall
consist of a combination of an enterprise fund and government securities. The Finance
Director shall ensure that an appropriate amount of proceeds from. the City of Redlands
$7,980,000 Certificates of Participation, 1992 Solid Waste Capital Improvement Projects
dated March 1, 1992 are specifically reserved for closure in an amount equal to the
required coverage in accordance with Section 18282.
5. The Closure Fund shall be and remain inviolate from all other claims, including claims
of this City or its City Council or the creditors thereof. It being the intent of this
resolution that the mechanism established hereby will provide protection equivalent to a
trust fund by ensuring that the assured amount of funds will be available in a timely
manner for closure of the landfill.
6. Disbursement of funds for closure shall be in accordance with Sections 18262.3 and
18265.3 of these regulations.
Resolution 4917
Page Two
7. The monies in the Closure Fund shall be invested by the Treasurer in the manner
provided by law.
5. In the event the California Integrated Waste Management Board determines that the City
of Redlands has failed to perform closure as required by law, the Board may direct the
Finance Director pay to the Public Works Director from the Closure Fund such amounts
as are necessary to insure sufficient funds for closure, who then shall be obligated to use
such funds for closure in accordance with the directives of the California Integrated Waste
Management Board.
9. The Public Works Director is directed to produce an annual report for transmittal to the
California Integrated Waste Management Board, containing the following information
concerning the landfill:
(a) As appropriate, a revised closure cost estimate prepared as specified by Section
15263 of the regulations.
(b) Status, including current balance of the closure fund.
(c) The number of current members of the City Council of the City of Redlands who
voted affirmatively when this resolution was adopted or last reaffirmed.
ADOPTED, SIGNED AND APPROVED this 1st day of Decembe , 1992.
aybr of tW,,iC* vfY edlands
ATTEST:
City C1e�k
I, I.,orrie Poyzer, City Clerk, City of Redlands, hereby certify that the foregoing resolution was duly
adopted by the City Council at a regular meeting thereof held on the 1st day of December , 1992,
by the following vote:
AYES: Councilmembers Larson, Cunningham, Miis,nm, Foster
Mayor DeMirjyn
NOES: None
ABSENT: None
ityr Clerk