Ord 2008-66ORDINANCE NO. 66
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT ADOPTING A
PREFERENCE AND EXCEPTION FOR ENVIRONMENTALLY
FRIENDLY PRODUCTS IN PURCHASING
WHEREAS, the District has been charged with the responsibility to facilitate a
reduction in solid waste and a concomitant increase in recycling of materials as
specified in the California Integrated Waste Management Act of 1989 (Public Resources
Code Section 4000 et seq.); and
WHEREAS, the District has further demonstrated its commitment to the
environment with the construction of the first "Green Building" in the City of Costa Mesa,
which is being built to the gold standard of the LEED; and
WHEREAS, the District has further demonstrated its commitment to the
environment by complying with the State Water Resources Control Board to implement
a successful, comprehensive sewer system management program to eliminate sewer
spills, a proactive capital improvement plan for sewer system repairs and maintenance,
and a sewer lateral assistance program to assist private owners to eliminate SSOs that
reach the storm drain system, and thereafter the waters of the United States; and
WHEREAS, the District has also initiated a variety of environmental programs
including a -waste and hazardous materials recovery, vermicomposting, Christmas tree
recycling, school telephone book recycling program resulting in over $13,000 in yearly
awards, and a variety of education programs designed to teach young and old alike
about the benefits of environmentally friendly practices; and
WHEREAS, the District has previously purchased recycled paper in its own
purchases; as further evidence of its commitment to the environment, and
WHEREAS, the District does hereby desire to also incorporate its commitment to
the environment by expressing a preference for purchases of recycled materials when
consistent with the public interest;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 4.05.035 is hereby added to the Costa Mesa Sanitary District
Operations Code to read as follows:
"4.05.035 Environmentally friendly products. Whenever a purchase is to be made
and when practicable and consistent with the public interest, the District shall endeavor
to include in its specifications, and provide a preference for, recycled and other
environmentally friendly products. The District shall further make this preference known
when soliciting bids and quotations. The District may likewise make a purchase which
might not otherwise be a lowest bid, when otherwise lawful to do so, when the product
is made from recycled materials or is otherwise an environmentally friendly product.
Whenever a decision is made to accept a more costly product as part of a bidding or
solicitation process, a written record shall be made of the decision and its basis and
kept as part of the District's records for at least two years. The decision to accept an
environmentally friendly product over another less costly product as part of a bid
process shall be made and documented by the Board, Manager, Assistant Manager or
person authorized by the Board as provided in Section 4.05.020(a)(i), above, consistent
with their authority."
Section 2. Should any part, clause or section of this Ordinance be declared by any Court
of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall
nevertheless be and remain in full force and effect and the Board of Directors of the Costa
Mesa Sanitary District of Orange County, California, hereby declares that each and every
section, clause, provision or part of this Ordinance would have been adopted and made a
part of this Ordinance without the adoption of any portion thereof and that the invalidity of
any part or provision hereof shall not in any way affect the validity or enforcement of the
remaining provisions of this Ordinance that may stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the Clerk shall
cause this ordinance or a summary thereof to be published in a newspaper of general
circulation printed and published in the District according to law.
PASSED and ADOPTED this .24Z- day of 2008.
IV
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Secretary President
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the
above and foregoing Ordinance No. 66 was duly and regularly passed and adopted by
said Board of Directors at a regular meeting thereof, held on the 21st day of April
2008 by the following vote:
AYES: Arthur Perry, Arlene Schafer, Robert Ooten, James Ferryman,
Gary Monahan
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the Costa Mesa Sanitary District, this 21 st day of April 2008.
Clerk of.t, Costa Mesa. Sanitary District
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