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threshold, staff still encourages applicants to go through the process and Mr. Bocian noted the City has done this informally, with general acceptance being good. The only problem anticipated with the ordinance may be from contractors wanting to use their own recycler to handle the process. Pleasanton Garbage Service (PGS) is still responsible to handle recycling as it relates to drop boxes and they have indicated they are willing to work with the City when it is not related to a drop box. Councilmember Sullivan felt the approach is good and not punitive, but his only concern is that he has a hard time believing the City will hold up a building permit. Therefore, he felt the City might have to monitor participation and revisit the bond issue later because people might believe it would be easy to obtain exemptions or appeal it. Mr. Bocian concurred. Vice Mayor Cook Kallio questioned how to compel someone to comply. Mr. Bocian said the final permit would not be approved and this alone will hold up the process. If this occurs, they would have to go through the appeal process which can take from 60 to 90 days. He felt there is a general sense that contractors have been sloppy in handling receipts. Vice Mayor Cook Kallio pointed out there is no penalty for this situation, and Mr. Bocian agreed and said the goal is to be user friendly, but the process may need to be revisited. Councilmember Thorne acknowledged recycling has been implemented for some time and agreed the ordinance would firm up the process. Mr. Bocian concurred and said StopWaste.org would like cities to adopt ordinances so that it becomes law. Mr. Fialho added that while it has been informal, the requirement has been reflected in most PUD conditions and the ordinance also describes the process by which the applicant needs to follow. He felt it was easy to recycle 50% and most developers would comply. Vice Mayor Cook Kallio opened the item for comment. Brandon James referred to the tough economic times and said a new business will more likely occupy an empty space of an older building. He therefore questioned whether the ordinance covered renovation and remodeling to existing buildings and asked what the penalty was for ignoring the WMP, suggesting that a condition also be included for repeated violators. Councilmember Sullivan supported the recommendation and noted that the City has all five prerequisites to continue receiving Measure D funds. He asked to amend the recommendation slightly to state the City will actively monitor and /or audit performance if people are not meeting the 50% rate. Mr. Fialho noted that the ultimate measurement is the amount of diversion from the landfill and hopefully the City will achieve 50% to 75% over the next year. MOTION: It was m/s by Sullivan/Thorne to introduce Ordinance 1992 adding Chapter 9.21 to the Pleasanton Municipal Code regarding construction and demolition debris, with the addition for the City to actively monitor /audit performance. Motion passed by the following vote: Ayes: Councilmembers Sullivan, Thorne, Vice Mayor Cook Kallio Noes: None Absent: Councilmember McGovern, Mayor Hosterman MATTERS INITIATED BY COUNCIL City Council Minutes Page 12 of 13 June 16, 2009