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RESOLUTION NO. <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON, <br /> NOTIFYING THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY BOARD <br /> THAT THE CITY WILL OPT-OUT OF PHASE 2 OF THE MANDATORY RECYCLING <br /> ORDINANCE <br /> WHEREAS, on January 25, 2012, the Alameda County Waste Management Authority <br /> (ACWMA) Board adopted an ordinance No. 2012-1 to enforce and require recycling of <br /> businesses, multi-family residences and self-haulers; and <br /> WHEREAS, Section 10 Waivers of the Mandatory Commercial Recycling Ordinance <br /> provides that Alameda County Cities may apply for a Compliance Schedule Waiver from the <br /> Enforcement Official by presenting evidence that more time is needed to fully implement a <br /> compliant program, and by providing a complete written proposal stating when full compliance <br /> will be achieved; and <br /> WHEREAS, Section 12 Local Regulations and Opt-Out and Opt-In Provisions of the <br /> Mandatory Commercial Recycling Ordinance provides that Alameda County Cities have the <br /> option to opt-out or opt-in by adoption of a city resolution before January 1, 2014 and opt-in at a <br /> later date; and <br /> WHEREAS, the City is completing its evaluation of a refuse and recycling rate study and <br /> will consider the economic impact and feasibility of implementing Phase 2. <br /> NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF <br /> PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: <br /> SECTION 1: The City has elected to opt-out of Phase 2 of the Mandatory Commercial <br /> Recycling Ordinance. <br /> SECTION 2: The City intends to reevaluate its decision to opt-out following completion <br /> of its refuse and recycling collection rate study and discussions with the Alameda County Waste <br /> Management Authority regarding a schedule and compliance waiver. <br /> SECTION 3: The City of Pleasanton has the option to exercise the Mandatory <br /> Commercial Recycling Ordinance's opt-in provision at a later date, most likely prior to July 1, <br /> 2014. <br /> SECTION 4: The City Clerk shall certify to the passage of this resolution and enter it <br /> into the book of original resolutions. <br /> PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at <br /> a regular meeting held on December 17, 2013 <br /> I, Karen Diaz, City Clerk of the City of Pleasanton, California, certify that the foregoing <br /> resolution was adopted by the City Council at a regular meeting held on the , by the following <br /> vote: <br /> Ayes: <br /> Noes: <br /> Absent: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Jonathan P. Lowell, City Attorney <br />