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County residents also extend to transfer stations outside of the County. A key element of the ordinance requires property owners prepare an assessment to determine the typical amount of refuse and recyclable material generated, arrange to have the appropriate size containers with signage, and arrange to have the material picked up. He noted there is an education and outreach process through which municipalities and Stopwaste.org would work together to implement the program, as well as reporting requirements for the City and PGS. The ordinance recognizes and does not prohibit the practice of certain large businesses employing a third party to coordinate the actual collection of the material within the facility itself. He noted that one aspect of the ordinance, which is a requirement regardless of the City's choice to opt-in or out, requires that PGS prepare a transfer station compliance plan. The ordinance includes specific language relative to waivers and penalties, which would be managed by Stopwaste.org, though waivers are subject to final approval by the City. Currently, Pleasanton and the City of Dublin are the only two cities in Alameda County that have not opted in to Phase One of the ordinance. Phase Two, which relates to organics, will also come before the Council for an opt-in or out decision prior to its implementation. Mr. Bocian explained that the primary motivation for opting out in February was that the City was otherwise engaged in a rate review with PGS. While PGS will not have enough information to determine the ultimate impacts of the ordinance until it prepares its own analysis and develops a plan for handling how they collect the recyclable material, staff and PGS have not identified any specific impacts that would be different from a full implementation of AB 341. Staff recommends that the Council adopt the resolution opting in to the ordinance, afterwhich Stopwaste.org would contact the City to discuss the implementation process. Councilmember Cook-Kallio asked about the impacts if the City were to opt-out of the ordinance. Mr. Bocian explained that the City would have to adopt its own ordinance, which may be the same or different from what is presented here. The City would also need to comply with Measure D requirements relative to commercial recycling, which would require working with Stopwaste.org. Councilmember McGovern requested clarification on language relative to self-haulers, "Methods for discouraging covered materials from being deposited in landfills," which goes on to say that they would then ensure that self-haulers pay a price that is at least 10% over the usual tipping fee applied. Mr. Bocian clarified that part of that speaks to landfills and part to transfer stations. The intent is to encourage those who use the transfer station, whether to clean out their garage or as part of their business, to separate their materials. His understanding is that the additional fee would apply only to those who are not separating their materials. Vice-Mayor Thorne asked what rights the City has relative to requirements or practices of the ordinance that may not be a matter of complying with State law. Mr. Bocian explained that if the ordinance were amended in the future, Stopwaste.org would reach out to member agencies for input but would have the ability to institute guidelines that City Council Minutes Page 3 of 12 October 2, 2012