Ordinance 2885CITY OF ALAMEDA ORDINANCE NO. 2885
New Series
URGENCY ORDINANCE ADOPTING ORDINANCE NO. 2886 WHICH
REPEALS AND REPLACES CHAPTER XXI (SOLID WASTE AND
RECYCLING) OF ALAMEDA MUICIPAL CODE AND MAKING SAID
ORDINANCE EFFECTIVE ON OCTOBER 6 , 2002
WHEREAS , this is an ordinance enacted in the event of great emergency or
necessity passed by four votes of the Council and contains a statement of the emergency
or necessity and therefore is adopted and effective upon a single reading pursuant to
Section 3-12 of the Charter of the City of Alameda.
WHEREAS , the facts constituting the urgency, emergency, and necessity are
these: The City has entered into a new agreement for the collection and disposal of solid
waste in the City which takes effect on October 6 , 2002. The previous agreement
provided for the collection and disposal of waste generated in the construction and
demolition of improvements to real property in the City ("C&D waste ). The new
agreement does not. The necessary provisions of the City s legislative program for the
regulation of C&D waste are provided by this ordinance.
WHEREAS , if this ordinance were not effective on or before October 6 2002 , the
City would have no legislative means to control the collection and disposition of such
waste , which would imperil the public health , safety, and general welfare by preventing
reasonable regulations to protect the public health, safety and general welfare from the
consequences of improper collection and disposal of such waste , which includes such
hazardous materials as friable asbestos. Further, the City would fail to be in compliance
with its Source Reduction and Recycling Element required by state law commonly
known as AB 939 and the Alameda County Solid Waste and Recycling Program
commonly known as Measure D. Non-compliance with those laws intended to divert
appropriate materials , including appropriate C&D Waste , from landfills would expose the
City to fines and civil penalties of up to $10 000 per day, impairing its ability to fund and
deliver crucial municipal services. Accordingly, the protection of the public health
safety, and general welfare require this ordinance be effective without the thirty (30)
additional days for final passage as permitted by Section 3-12 of the City Charter.
NOW , THEREFORE , BE IT ORDAINED by the City Council of the City of
Alameda, by four affirmative votes:
Section 1 The City Council finds and determines the foregoing recitals to be true and
conect and hereby makes them a part of this Ordinance.
Section 2 Ordinance No. 2886
, "
Amending the Alameda Municipal Code by
Repealing and Replacing Chapter XXI (Solid Waste and Recycling)" shall be in full
force and effect on October 6 , 2002.
Presiding Officer of the Council
Attest:
* * * *
the undersigned , hereby certify that the foregoing Ordinance was duly and regularly
. adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the
day of October , 2002 by the following vote to wit:
AYES:Councilmembers Daysog,Jolmson Kerr, and Acting
Mayor DeWitt - 4.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of said City this
day of October, 2002.
=jge
City of Alameda
, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 4
day of March, 2003 by the following vote to wit:
AYES:Councilmcmbers Daysog, DeWitt , Kerr , Matarrese , and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of said City tins
day of March , 2003.
Lara Weisiger , City
City of Alameda