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THE CITY OF � �,� 3 ° CITY COUNCIL AGENDA REPORT fLEASANTONC December 17, 2013 City Manager TITLE: ADOPT A RESOLUTION TO OPT OUT OF THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY MANDATORY RECYCLING ORDINANCE PHASE 2 SUMMARY As of March 1, 2013, Pleasanton businesses and multi-family units have been subject to Phase 1 of a Mandatory Recycling Ordinance (MRO) adopted by the Alameda County Waste Management Authority (StopWaste). The intent of the ordinance is to prevent materials from being landfilled by requiring businesses and multi-family dwelling units to subscribe to recycling services. The ordinance has two phases with different requirements. Phase 1 requires businesses generating four cubic yards or more of waste and multi-family development units of five or more residential dwelling units to recycle dry materials such as paper, cardboard, glass etc. Phase 2 of the MRO extends the recycling requirements to all businesses and multi-family dwellings regardless of number of units and or volume of collection service, and also requires those customers to recycle discarded food and compostable paper. The Phase 2 requirements go into effect on July 1, 2014 unless a jurisdiction chooses one of the following options before December 31, 2013: 1) opt out of Phase 2 by Council Resolution or 2) complete an application and receive approval of a compliance schedule waiver from the StopWaste Executive Director. This report also includes information regarding StopWaste's recent activity regarding the potential implementation of a county-wide fee to expand the existing household hazardous waste program. RECOMMENDATION 1) Approve the resolution notifying StopWaste that the City will opt-out of Phase 2 of the Mandatory Commercial Recycling Ordinance (Attachment 1). 2) Authorize staff to work with StopWaste to identify terms of a compliance schedule waiver that will facilitate City participation in Phase 2 in a manner and timeline that is consistent with the business community's ability to successfully meet Phase 2 requirements. FINANCIAL STATEMENT There is no fiscal impact associated with this action. However, should the City elect at some future date to permanently opt-out of the ordinance, then there could be an impact related to the loss of Measure D funding or implementation of StopWaste mandated programs required of those cities not participating in the ordinance.