Reso 2016-878 RESOLUTION NO. 2016-878
A RESOLUTION OF THE BOARD OF
DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT APPROVING AN
AMENDMENT TO THE 2009 WASTE
DISPOSAL AGREEMENT WITH THE
COUNTY OF ORANGE.
WHEREAS, the Costa Mesa Sanitary District(the "District") has an existing Waste
Disposal Agreement (the Waste Disposal Agreement) with the County of Orange (the
"County")which requires the District to dispose of all specified solid waste generated within
the District to County landfills and for the County to accept all such waste at a price agreed
upon by the District and County; and
WHEREAS, the Waste Disposal Agreement became effective on or about July 23,
2009, and by its term is set to expire on June 30, 2020; and
WHEREAS, the Waste Disposal Agreement provides that the County will not
accept waste imported from outside the County at County landfills after June 30, 2016;
and
WHEREAS, an Amendment to the Waste Disposal Agreement (the
"Amendment") has been negotiated between the County and various cities throughout
Orange County to provide for continuation of importation of waste from outside the
County at County landfills in exchange for allocation to the cities and certain sanitary
districts of a portion of future importation revenues and to extend the terms of this activity
within the Waste Disposal Agreement to June 30, 2025; and
WHEREAS, the Board of Directors desires to ensure that solid waste generated
within the District can be disposed of in an environmentally safe manner and at a
reasonable cost for the near future; and
WHEREAS, the proposed Amendment furthers these goals by, among other
things, ensuring that solid waste generated within the District can be disposed of at
County landfills through June 30, 2025; that the landfills will be operated in an
environmentally safe and reliable manner; and that the cost of disposing of solid waste
at County landfills will be reasonable.
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
resolves, finds and determines, on the basis of the facts set forth in the agenda report
presented to it and any testimony received at the meeting at which this matter was
considered, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The Board of Directors hereby finds and determines that the
proposed Amendment to the Waste Disposal Agreement between the County of Orange
and the Costa Mesa Sanitary District ("Amendment") furthers the public health, safety
and welfare.
Section 3. The Board of Directors hereby finds and determines that the terms
and provisions of the Amendment, in the form as submitted by the General Manager,
are approved and that the President of the Board is authorized to execute, and the
District Clerk to attest, the Amendment on behalf of the District.
Section 4. The officers and employees of the District are authorized and
directed, jointly and severally, to do any and all things necessary or advisable in order
to effectuate the purposes of this Resolution and to administer the District's obligations,
responsibilities and duties to be performed.
PASSED and ADOPTED this 25th day of February, 201 .
(161/ t-
Secretary,
v Costa Mesa Sanitary District President, Cost. Mesa Sanitary District
Board of Directors Board of Directors
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, NOELANI MIDDENWAY, Clerk of the Costa Mesa Sanitary District, hereby
certify that the above and foregoing Resolution No. 2016-878 was duly and regularly
passed and adopted by said Board of Directors at a regular meeting thereof, held on
the 25th day of February 2016 by the following votes:
AYES: Scheafer, Perry, Ooten, Ferryman
NOES: None
ABSENT: Schafer
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this 25 day of February 2016.
oel ridden ay
Clerk of the C• to Mesa anitary District
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