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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