Ord 2022-135ORDINANCE NO. 135
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
THE COSTA MESA SANITARY DISTRICT AMENDING
THE OPERATIONS CODE PERTAINING TO TERM
LIMITATION FOR TRASH AND RECYCLING CONTRACTS
WHEREAS, on December 17, 2015, the Board of Directors adopted Ordinance
No. 111 creating and clarifying exemptions from the District's bidding requirements; and
WHEREAS, Section 4.04.070(g) of Ordinance No. 111 requires that trash and
recycling contracts shall not extend for a period of more than ten years, including any
authorized extensions; and
WHEREAS, the District desires to delete Section 4.04.070(g) in its entirely to
allow trash and recycling contract services to be extended beyond ten years due to the
extraordinary labor and complexity created by compliance with SB 1383, the new
organics regulations.
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District
does hereby ORDAIN as follows:
Section 1. That Section 4.04.070 subsection (g) is hereby deleted in its
entirely and replaced to read as follows:
"(g) Trash and Recycling Contracts: Agreement shall be ten years with the
option of extending the contract for an additional two (2) five-year options upon mutual
agreement of the parties."
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.
Ordinance No. 135
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 19th day of December, 2022
Secretary
Presi nt
Ordinance No. 135
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 Ordinance No. 135 was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the 191h
day of December, 2022 by the following votes:
AYES: SCHEAFER, PERRY, OOTEN, SCHAFER, ECKLES
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Costa Mesa Sanitary District, this 19th day of December, 2022.
itary District