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• Page 2 Ms.Kaufman October 21,2011 Based on our review of Pleasanton properties, many commercial sites will be unable to accommodate additional trash enclosures. For those that can accommodate them,the cost of constructing new enclosures, including compliance with Federal and State storm water drainage requirements,will be significant and not reflected in any analysis prepared by the Authority. We request additional analysis concerning the financial impact to property owners. This is a challenging issue and one that will need to be addressed whether the City is complying with the State law,AB 341, or a Draft Countywide Ordinance. The Draft Countywide Ordinance includes a waiver for those businesses who cannot subscribe to an adequate recycling level without incurring a cost of 30% more than their current solid waste bill. This increase in costs can be from either the cost of recycling more (if reducing refuse level is not an option) or the cost of new recycling enclosures. While this waiver is available for the Draft Countywide ordinance, it is not available to businesses for compliance with AB 341. 3. The ordinance transfers decision making regarding service level from Pleasanton and other cities/districts,to the Authority. Section 10 outlines a range of potential waivers available to customers and provides that approval of them lies exclusively with the Authority. This process is not only bureaucratic, but inconvenient since decisions and potentially hearings, would most likely occur outside of our City limits. Further, it places Pleasanton elected officials in a position of being unable to address the concerns of its constituents. Finally,this and other sections of the ordinance related to approval rights, inappropriately expands the Authority's control over local operations and service levels. If the Authority deems it necessary to detail potential waiver types,we request that they be processed by each jurisdiction, not the Authority. Since the city has the ability to approve/disapprove each enforcement action, even if the Authority does not approve a specific waiver, no enforcement action can be taken without the City's Enforcement Representative's approval. Therefore, authority is not transferred. 4. Categorizing violations as a misdemeanor and the amount of fines is excessive and will lead to unnecessary litigation. Like number 3 above,the language in Section 11 removes Pleasanton from matters occurring within its city limits and threatens local business owners and apartment owners with incarceration for actions that do not warrant this level of prosecution. Further, Section 5(d) is out of touch with how collection services are handled in larger corporate offices whereby arrangements are made as part of leases and other contractual arrangements to process waste material. As such, holding individual tenants accountable for actions out of their control is inappropriate. We also note that the adopted CoIWMP states that goals and objective are not subject to enforcement through fines and other actions. If the Authority desires to include