COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Counsel

 

DATE:

January 16, 2007

BOARD MEETING DATE:

February 6, 2007

SPECIAL NOTICE/HEARING:

14 day newspaper notice

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

County Counsel

SUBJECT:

(1) Adoption of Resolution Authorizing the President of the Board to Sign an Agreement to Join the California Municipal Finance Authority; (2) Hearing Under the Tax Equity and Fiscal Responsibility Act (“TEFRA”) Regarding Issuance of $250,000,000 of Tax-Exempt Conduit Bonds to Finance Facility Improvements and Equipment Purchase by Allied Waste North America, Inc., Approximately $11,700,000 of Which Will be Spent on Improvements at the Ox Mountain Facility and (3) Adoption of Resolution Approving the Financing

 

RECOMMENDATION:

(1) Adopt a resolution authorizing the President of the Board to sign an agreement to join the California Municipal Finance Authority; (2) Conduct a Hearing Under the Tax Equity and Fiscal Responsibility Act (“TEFRA”) regarding Issuance of $250,000,000 of Tax-Exempt Conduit Bonds to finance facility improvements and equipment purchase by Allied Waste North America, Inc., approximately $11,700,000 of which will be spent on improvements at the Ox Mountain Facility and (3) Adopt a resolution approving the financing.

 

VISION ALIGNMENT:

Commitment: Responsive, effective and collaborative government.

Goal(s): County decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

 

BACKGROUND:

The California Municipal Finance Authority (“CMFA”), a joint powers authority comprised of cities and counties in California, proposes to issue $250,000,000 in private activity municipal bonds, on a statewide basis, for the purpose of financing facilities improvements and equipment acquisition by Allied Waste North America, Inc. (“Allied”) or an affiliate of Allied. Approximately $11,700,000 is earmarked to finance improvements at the Ox Mountain Landfill facility.

 

DISCUSSION:

In order to use the proceeds of such bonds in San Mateo County, the following actions are required:

 

1.

The Board must join the CMFA as an associate member in order to authorize issuance of the bonds.

2.

The Board of Supervisors must hold a public hearing, in accordance with the Tax Equity and Fiscal Responsibility Act (TEFRA).

3.

The Board must adopt a resolution approving the financing, and authorizing bonds to be issued to finance the facility improvements and equipment purchases proposed by Allied.

 

A Notice of Public Hearing was published in the San Mateo County Times on January 23, 2007, all interested persons that a public hearing would be held on February 6, 2007 by the County for the purpose of approving the financing.

 

FISCAL IMPACT:

There will be no fiscal impact to the County associated with any action the County takes. The agreement by which the County joins the CMFA contains a provision specifying that any bonds issued by CFMA are special obligations of CFMA, and that the County will have no obligation to pay on any bonds that are issued.