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18 ATTACHMENT 1
City of Pleasanton
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2021
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072021
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18 ATTACHMENT 1
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7/15/2021 2:12:33 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/20/2021
DESTRUCT DATE
15Y
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<br /> <br />DRAFT – June 15, 2021 | Page 35 <br />THE CITY OF PLEASANTON <br />SB 1383 ACTION PLAN <br />2021 ─ 2025 <br />3.4 Ordinances and Policies <br /> <br />that would allow both MWELO and CALGreen standards to automatically update to the most recent version, while <br />ensuring the SB 1383 baseline is always met, to prevent bringing minor Municipal Code revisions to City Council. <br />Monitoring and Enforcement <br />The City will need to reinforce its monitoring, inspections, and enforcement procedures so that generators will be <br />liable for complying with SB 1383 requirements and allow for inspections and investigations to check for <br />contamination and overall compliance. The Municipal Code will need to allow regulatory entities to conduct <br />inspections to confirm compliance, maintain records of inspections, and track complaints of potential non- <br />compliance. It is recommended that the City explicitly define enforcement policies and procedures in the <br />Municipal Code, while also ensuring the ability to delegate inspections amongst designees, such as different City’s <br />departments, the County, and StopWaste, as applicable. Additionally, enforcement will need to extend to all <br />instances of non-compliance within the amended Municipal Code. SB 1383 also requires penalties to be assessed <br />in alignment with the amounts specified in the regulations. In some cases, it may make sense to have separate <br />penalties specified in the section of the Municipal Code relating to SB 1383. Alternatively, it may make more sense <br />to reference the current enforcement-related chapters of the Municipal Code. While the County model ordinance <br />is expected to cover the majority of enforcement requirements, it is critical to review the City’s specific penalty <br />and enforcement sections of the Municipal Code for alignment with the SB 1383 regulations and the new <br />ordinance. <br />A clear procedure for enforcing the new ordinance, including notices of violation and fees, will help provide City <br />Staff with the tools needed to ensure generator compliance and assist in maintaining requirements outlined in <br />Section 3.7, Reporting and Recordkeeping. Additional City staff time to implement investigations, inspections, and <br />enforcement will need to be considered. This is further discussed in Section 3.2. <br />EPP and Procurement <br />Currently, the City does not have an EPPP. The City will need to assess procurement policy gaps and implement <br />policies that align with the paper product procurement requirements, among others, outlined in SB 1383. The <br />policy should describe and standardize purchasing of organic products throughout the City. It is recommended <br />that this policy include specific recordkeeping and reporting requirements for City departments, and deadlines for <br />submitting those reports to the appointed department or person for compilation into reports for CalRecycle. This <br />is particularly important, as the procurement requirements apply to all City departments and there will be <br />operational overlap. <br />3.4.4 Contract Implications <br />The City should review the draft enforcement ordinance and draft amendments to the Franchise Agreement with <br />PGS prior to finalization of the documents. This will help limit any inconsistencies or conflicts between the two <br />that may impact the implementation process or lead to potential disputes. The City may find it useful to include <br />additional provisions in the Municipal Code and/or Franchise Agreement to reinforce requirements included in <br />either respective document. <br />3.4.5 Education and Outreach <br />The City will need to provide a public hearing and have two readings of the updated ordinances at City Council. It <br />is recommended that the City conduct introductory meetings with City Council and/or City Council subcommittees
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