_ Draft Letter Attached

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1 COUNTY OF GLENN AGENDA ITEM TRANSMITTAL MEETING DATE: April 2, 2019 BRIEF SUBJECT/ISSUE DESCRIPTION: Submitting Departments!: Public Works Agency Contact: Dr. Mohammad Qureshi, Public Works Director Phone: (530) The US Department of Agriculture (USDA) has established that in order to receive a loan to close the landfill, the Board must adopt a resolution assuring a dedication of solid waste parcel fees toward repayment of the loan. AGENDA PLACEMENT ATTACHMENTS LEGAL/PERSONNEL/FISCAL APPOINTMENT- Appearances by: (Specify Name & Title) Board Report Required Minutes Business- No Consent Correspondence Reports & Notices AFFECTED DEPARTMENT(S) Receive Concurrence K County Counsel Letter Minute Order Contract Transfer Grant App. Resolution Ordinance ] Proclamation I] Policy Update ^ Other: Code Update Letter of Certification ] Personnel Finance CLERK INSTRUCTIONS 0 Return Minute Order Return Certified Copy Of: Resolution Other: PUBLIC HEARINGS & COMMITTEE VACANCIES Public Hearings: Bill#: Published ] Affidavit on File w/clerk Affected Parties Notified Committees: Vacancy Posted Application Attached LEGISLATION State Q Federal _ Draft Letter Attached Latest Version of Bill ID List of Supporters/Opposers I] Statement of Relevance to County Interests Description Attached FUNDING SOURCE/IMPACT ] General Fund Impact Other: #0200 Solid Waste Budgeted Transfer Attached 4/5ths Vote Required Contingency Request CONTRACTS, LEASES & AGREEMENTS New Renewal Amendment Insurance Certificate Contract Report Date of Original Contract: Contract No.: Fiscal Year: RECOMMENDED ACTION/MOTION: A. Adopt resolution authorizing the dedication of revenues from the annual solid waste parcel fee to the repayment of the USDA Loan for the purposes of Landfill Closure. B. Authorize the Chairman of the Board to execute the letter of certification for the purposes of USDA Loan repayment. Reviewed By (if applicable): Mohammad Qureshi, Director Personnel Directo /-AT Approved as to Form by: Department o^finance WILLIAM J. VANASEK County Counsel

2 PUBLIC WORKS AGENCY P.O. Box 1070 / 777 N. Colusa Street Willows, CA Fax Mohammad Dr. Q Qureshi, Director K\2Lc OX-- 1 ms Hi BOARD REPORT EXECUTIVE SUMMARY: The US Department of Agriculture (USDA) has established that in order to receive a loan to close the landfill, the Board must adopt a resolution assuring a dedication of solid waste parcel fees toward repayment of the loan. RECOMMENDATION(S): A. Adopt resolution authorizing the dedication of revenues from the annual solid waste parcel fee to the repayment of the USDA Loan for the purposes of Landfill Closure. B. Authorize the Chairman of the Board to execute the letter of certification for the purposes of USDA Loan repayment. HISTORY AND BACKGROUND: Lawrence & Associates (L&A) was retained by Glenn County in 2010 to design an expansion of the Landfill, prepare a Final Closure and Postclosure Maintenance Plan, prepare permitting documents, and assist with California Environmental Quality Act (CEQA) review. At the Board meeting on September 6, 2011, the Board ordered staff to cease exploration of landfill expansion and to continue the cap installation/transfer station discussion. At the July 15, 2014, Board meeting, resolution was passed which formally adopted the Negative Declaration for the Final Closure and Postclosure Maintenance Plan, in compliance with CEQA requirements. The USDA loan application for landfill closure cap construction was approved at the Boards July 7, 2015 meeting for submittal to USDA Rural Development under the Community Facilities Program. In response to the County s loan application, the USDA issued conditional approval along with a letter of conditions on May 13, This letter establishes conditions that must be understood and agreed to by the applicant before further considerations may be given to the application. One such condition states that the loan will be secured by the solid waste parcel fee imposed on improved real property within the County of Glenn. Resolution adopted June 7, 2016, authorized the incurrence of indebtedness for the purpose of landfill closure cap construction. County staff are in the process of meeting the conditions issued by USDA Rural Development. In order to satisfy conditions set forth by the USDA, the dedication of revenues from the annual solid waste parcel fee to the repayment of the USDA Loan is being requested at this time. FISCAL/PERSONNEL IMPACT(S): The Project budget for the construction of the Closure Cap Project, per USDA Community Facilities Program Loan documents is $10,083,312. Debt service costs will be funded by the solid waste enterprise fund. Annual deposits for landfill closure have accumulated to approximately $6,000,000 in a separate fund to comply with financial assurances required by CalRecycle. ANALYSIS/DISCUSSION: Without the resolution securing revenue to the repayment of the USDA loan, the County is unable to proceed with the landfill closure cap installation. Airports, Engineering, Flood Control, Roads & Bridges, Solid Waste, Surveyor, and Transit

3 BOARD OF SUPERVISORS, GLENN COUNTY, CALIFORNIA RESOLUTION NO A RESOLUTION FOR DEDICATING A SOURCE OF REVENUE FOR REPAYMENT OF THE UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT LOAN * * * WHEREAS, the County of Glenn Board of Supervisors adopted an ordinance on May 16, 1972, establishing the imposition of parcel fees on land in the unincorporated area of Glenn County for the acquisition, operation and maintenance of waste disposal site; and WHEREAS, County of Glenn government code section establishes annual parcel fees to be imposed by resolution upon each dwelling unit and commercial/industrial establishment located within the unincorporated area of the County for the purposes of solid waste disposal; and WHEREAS, on July 7, 2015, the County of Glenn Board of Supervisors unanimously ordered to approve the submittal of a loan application to the United States Department of Agriculture Rural Development for the purposes of funding the final closure of the Glenn County Landfill; and WHEREAS, the United States Department of Agriculture established conditions to be satisfied prior to loan approval by letter, dated May 13, 2016; and WHEREAS, the aforementioned letter of conditions establishes security requirements that the United States Department of Agriculture Rural Development Loan will be secured by a first lien and pledge of the Solid Waste Enterprise parcel surcharge; and NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Glenn that: 1. The County of Glenn hereby dedicates and pledges revenues of the annual solid waste parcel fees to the payment of any and all United States Department of Agriculture Rural Development Loan(s) for the closure of the Glenn County Landfill. 2. The County of Glenn commits to collecting such revenues and maintaining such fund (s) throughout the term of such financing and until the Entity has satisfied its repayment obligation thereunder unless modification or change is approved in writing by the United States Department of Agriculture. So long as the financing

4 agreement(s) are outstanding, the Entity's pledge hereunder shall constitute a lien in favor of the United States Department of Agriculture on the foregoing fund(s) and revenue(s) without any further action necessary. So long as the financing agreement(s) are outstanding, the Entity commits to maintaining the fund(s) and revenue(s) at levels sufficient to meet its obligations under the financing agreement(s) THIS RESOLUTION was passed by the Board of Supervisors of the County of Glenn at a regular meeting thereof held on, 2019, by the following vote: AYES: NOES: ABSENT OR ABSTAIN: APPROVED AS TO FORM: JOHN K. VIEGAS Chairman of the Board of Supervisors WILLIAM VANASEK, County Counsel ATTEST: DIAULABAUGH, Clerk of the Board of Supervisors

5 PUBLIC WORKS AGENCY P.O. Box 1070 / 111 N. Colusa Street Willows, CA Fax Mohammad Dr. Q Qureshi, Director m ivuilc sm I A & Michael Colbert USDA Rural Development 221 W. 8th Street Alturas, CA April 2, 2019 RE: Glenn County Landfill Closure Project (Project) Loan Certification Mr. Colbert, In accordance with the "Letter of Conditions, dated May 13, 2016, and Glenn County Resolution Numbers , (parcel fee resolution & new resolution dedicating fees to USDA loan), 1 hereby certify that all improved real estate parcel holders who benefit from the Project will have an annual fee levied in accordance with California State law to repay the USDA loan. Sincerely, John Viegas, Chairman Glenn County Board of Supervisors Airports, Engineering, Flood Control, Roads & Bridges, Solid Waste, Surveyor, and Transit