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