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Agenda Packet_2026-04-21
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Agenda Packet_2026-04-21
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4/15/2026 10:38:27 AM
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City Clerk
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Agenda Packet
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Clerk of the Council
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4/21/2026
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<br /> <br />(ii) amounts reserved by the County for funding of post closure maintenance and <br />monitoring with respect to components of the Waste Infrastructure System; <br /> <br />(iii) reserves established to protect the Waste Infrastructure System against the adverse <br />financial impact of potential decreases in waste deliveries pursuant to Section 4.2(B); <br /> <br />(iv) amounts reserved to pay the costs of capital improvements with respect to the Waste <br />Infrastructure System; <br /> <br />(v) amounts funded from revenues during the early years of the term of the Agreement <br />reserved to enable the County to provide disposal services for the Contract Rate during the later years of the Agreement; <br /> <br />(vi) amounts temporarily held by the County prior to payment to the State or other <br />Governmental Bodies pursuant to Applicable Law (including any fees or charges payable to CalRecycle); <br /> <br />(vii) reserves required to meet bond covenants pursuant to financing agreements for <br />Waste Infrastructure System assets to the extent such amounts must be legally separate and distinct from other reserves <br />identified in this Section; <br /> <br />(viii) security deposits from landfill deferred payment program users; <br /> <br />(ix) amounts held by the County in the Environmental Fund (provided, however, that <br />such amounts in the Environmental Fund will be made available and used by the County if required to pay costs relating <br />to environmental remediation or other related costs); <br /> <br />(x) AB 939 surcharges; <br /> <br />(xi) amounts held by the County in the Corrective Action Fund held pursuant to CCR <br />Title 27 to demonstrate financial assurance to pay for potential groundwater contamination; and <br /> <br />(xii) an amount equal to three (3) months of budgeted expenses for the Disposal System <br />for the current fiscal year, representing working capital of the Disposal System. <br /> <br />SECTION 4.6 AUDITED FINANCIAL STATEMENTS. The County shall annually, on or before January 1 <br />each year, prepare or cause to be prepared and have on file for inspection an annual report for the preceding Contract <br />Year, accompanied by a certificate of an independent public accountant or of the County Auditor and Controller as to <br />the examination of the financial statements therein (describing such statements as fairly presenting the information <br />therein in conformity with generally accepted accounting principles) relating to the Waste Infrastructure System, <br />services, and the fiscal activities of the OC Waste Disposal Enterprise Fund, and including statements in reasonable <br />detail of the financial condition of the OC Waste Disposal Enterprise Fund as of the end of the Contract Year and <br />revenue and expenses for the Contract Year. <br /> <br />SECTION 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION. The County shall <br />annually, on or before May 1 of each year, prepare or cause to be prepared, an updated Ten-Year Financial Projection <br />for the Waste Infrastructure System. Said Financial Projection shall include at least two full years of prior actual data <br />and ten years of future projections including the following elements: <br /> <br />1. County Acceptable Waste, in tons; <br /> <br />2. Imported Acceptable Waste, in tons; <br /> <br />3. Revenues and expenditures; <br /> <br />4. Cash fund balances, including all monies in the County Solid Waste Enterprise <br />Fund, with specific delineation of monies in the Environmental Fund, Restricted Reserves, Unrestricted Reserves, and <br />all other funds of the System; and <br /> <br />5. Projected liabilities for closure and post closure as well as reasonable reserves for <br /> <br />City Council 16 – 34 4/21/2026
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