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b. PRZ-8. Construction & Demolition Ordinance Application to amend the Pleasanton Municipal Code by adding an ordinance that will require the reuse or recycling of a minimum of 50 percent of the debris generated from new construction and demolition projects. r- Tricia Maier provided a presentation on the Construction and Demolition Ordinance, which included the history of the mandate for solid waste reduction, what the ordinance would accomplish, and the key elements. She noted that the City's proposed ordinance is based on a model ordinance developed by the Alameda County Waste Management Authority which has already been adopted by a number of cities throughout the Bay Area. She provided information regarding the performance security, how project value is calculated, the "Recyclable Materials Management Plan," and the end of project report. In response to an inquiry from Commissioner Arkin, Ms. Maier advised that performance security funds that are forfeited by a developer would be used to fund recycling programs. Ms. Maier described the process for monitoring the project recycling during the course of construction and the coordination with Pleasanton Garbage Service. She provided information regarding the City's franchise agreement with PGS and the exceptions that the agreement allows. Commissioner Arkin questioned how PGS charges are controlled. Nelson Fialho described the franchise agreement with PGS and how the rate structure is determined. Ms. Seto advised that the ordinance and franchise allows for a third party to pay for commodities that have value. ,,-- Ms. Maier reported that PGS has indicated that they feel the 50% threshold that the City has established is workable and something that they would be able to achieve on most projects. She noted that staff feels that the proposed ordinance carries out the direction of the Planning Commission. Ms. Seto advised that Wendy Sommer of the Alameda County Waste Management Authority is present and the Authority has been instrumental in bringing this ordinance to Pleasanton, as well as other Cities in the County. In response to an inquiry from Commissioner Kameny, Ms. Maier advised that staff reviewed the four public comment letters and the issues that were brought forward. She further advised that a lot of the issues revolved around the franchise agreement which the City does not have the ability to alter. She reported that staff felt some of the other issues were already addressed in the ordinance, but some minor modifications were made. Commissioner Kameny referenced the comment in the letter from Greenbriar Homes related to requirements for certification that recycling has taken place. Ms. Maier advised that staff is working on the documentation effort and that there is a "good faith effort" exemption that can be applied. She stated that staff is working with PGS to develop an actual material receipt that would provide documentation. Ms. Seto advised that the City is planning to audit PGS to make sure that the materials that were actually delivered for recycling are either sold to recycling plants or handled properly. She further advised that this would be an internal process. r- PLANNING COMMISSION MINUTES March 27, 2002 Page 5