1 RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA,
REGARDING FINANCIAL ASSURANCE FOR
POSTCLOSURE MAINTENANCE AND CORRECTIVE ACTION
OF SCHOLL CANYON LANDFILL, GLENDALE, CALIFORNIA AND AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AND EXECUTE A PLEDGE OF
REVENUE AGREEMENT
WHEREAS, the City of Glendale owns the Scholl Canyon Landfill, located within city limits, which is comprised of 345 acres of land owned by the City of Glendale, 60 acres of land owned by the County of Los Angeles, and a small parcel of land owned by Southern California Edison; and
WHEREAS, the Scholl Canyon Landfill is operated by Los Angeles Sanitation District No. 2, who is not a land owner within the premises of the Scholl Canyon Landfill, but operates the Scholl Canyon Landfill; and
WHEREAS, Public Resources Code sections 43500 through 43610.1 and Title 27, California Code of Regulations (Regulations), Division 2, Subdivision 1, Chapter 6, require operators of solid waste landfills to demonstrate the availability of financial resources to conduct closure, postclosure maintenance, and corrective action activities; and WHEREAS, sections 22228, 22241, and 22245 of the Regulations authorize a Pledge of Revenue and an Enterprise Fund (Capital Project Fund) as acceptable mechanisms to demonstrate financial responsibility for financing postclosure maintenance and/or corrective action costs of a solid waste landfill; and
WHEREAS, the City of Glendale previously established an Enterprise Fund (Capital Project Fund), with an allocation specifically designated to the Scholl Canyon Landfill postclosure maintenance and reasonably foreseeable corrective action for the full cost of postclosure maintenance and reasonably foreseeable corrective action; and WHEREAS, in lieu of using the Enterprise Fund (Capital Project Fund), the City of Glendale now wishes to use a Pledge of Revenue to demonstrate financial responsibility for postclosure maintenance costs of the Scholl Canyon Landfill in accordance with sections 22228 and 22245 of the Regulations; the Enterprise Fund (Capital Project Fund) will continue to be used to demonstrate financial responsibility for reasonably foreseeable corrective action costs in accordance with sections 22228 and 22241 of the Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE, CALIFORNIA THAT:
SECTION 1. The City of Glendale hereby authorizes the execution of a Pledge of Revenue Agreement between the City of Glendale and the California Department of Resources Recycling and Recovery to pay postclosure maintenance costs for the Scholl Canyon Landfill pursuant to the requirements of Title 27, California Code of Regulations, Division 2, Subdivision 2 1, Chapter 6, sections 22228 and 22245 of the Regulations.
SECTION 2. The City of Glendale hereby also confirms the prior establishment of the Enterprise Fund (Capital Project Fund), which shall continue to be maintained as a separate fund and shall be used to pay reasonably foreseeable corrective action costs, as necessary, for the Scholl Canyon Landfill pursuant to the requirements of Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 6, sections 22228 and 22241 of the Regulations.
Said fund shall continue to be invested by the Treasurer in the manner prescribed by law.
SECTION 3. The City of Glendale owns the Scholl Canyon Landfill, and the Los Angeles Sanitation District No. 2 operates the Scholl Canyon Landfill, a solid waste landfill, in conformance with the findings, conditions, prohibitions and requirements contained in Solid Waste Facilities Permit No. 19-AA-0012 issued by Los Angeles County LEA, serving as the Local Enforcement Agency for the California Department of Resources Recycling and Recovery (CalRecycle).
SECTION 4.The City of Glendale shall establish a Pledge of Revenue to demonstrate financial responsibility for postclosure maintenance of the Scholl Canyon Landfill in accordance with sections 22228 and 22245 of the Regulations.
SECTION 5. The Enterprise Fund (Capital Project Fund) shall be and remain inviolate against all other claims, including claims of the City of Glendale or its City Council or the creditors thereof, it being the intent of the Resolution to confirm that the Enterprise Fund (Capital Project Fund) will provide equivalent protection to a trust fund by ensuring:
(a) that the assured amount of funds will be available in a timely manner for reasonably foreseeable corrective action of the Scholl Canyon Landfill; and (b) that payments from the Enterprise Fund (Capital Project Fund) shall be made by the Treasurer, as directed by CalRecycle, in writing, for the payment of the costs of reasonably foreseeable corrective action of the landfill covered by this resolution.
SECTION 6.Disbursement of funds for postclosure maintenance and/or reasonably foreseeable corrective action shall be in accordance with the final postclosure maintenance and corrective action plans, as approved by CalRecycle. Disbursement of funds for reasonably foreseeable corrective action shall also be in accordance with section 22234 of the Regulations and section 5(b) above.
SECTION 7.In the event CalRecycle determines that the City of Glendale has failed, or is failing, to perform postclosure maintenance and/or reasonably foreseeable corrective action as required by law, CalRecycle may direct the Director of Finance to pay from the pledged revenues sufficient funds to ensure postclosure maintenance and/or reasonably foreseeable corrective action, who then shall be obligated to use such funds for postclosure maintenance and/or reasonably foreseeable corrective action in accordance with the directives of CalRecycle.
SECTION 8. The Director of Finance is directed to produce an Annual Certification Report (form CalRecycle 114) as required by Section 22233(b)(4)(B) of the Regulations to demonstrate that the pledged revenue continues to be available when needed and will cover the cost estimate for postclosure maintenance identified in the updated Annual Inflation Report required by Section 22236 of the Regulations. It is understood that copies of the Resolution and Pledge of Revenue Agreement are not required annually, unless amended.
SECTION 9.The Director of Public Works is directed to produce an annual report to 3 CalRecycle containing a revised cost estimate for reasonably foreseeable corrective action, as appropriate, prepared in accordance with section 22101 of the Regulations, as well as the status of the Enterprise Fund (Capital Project Fund), including the current balance.
SECTION 10. The City Manager, or his designee, is hereby authorized to enter into and execute a Pledge of Revenue Agreement in accordance with this Resolution. The form of said agreement shall be subject to approval by the City Attorney.
SECTION 11. This Resolution shall take effect immediately upon its adoption.
Adopted by the Council of the City of Glendale on this ____ day of _________, 2025. _______________________________
Mayor
ATTEST:
_____________________________________
City Clerk
STATE OF CALIFORNIA ) SS.
COUNTY OF LOS ANGELES )
I, Suzie Abajian, PhD, City Clerk of the City of Glendale, hereby certify that the foregoing Resolution No. __________________was adopted by a majority vote of the Council of the City of Glendale, California, at a regular meeting held on the ____ day of________________, 2025, and that the same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
________________________
City Clerk