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RESOLUTION NO. 12-505 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON TO OPT-OUT <br /> OF THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY MANDATORY <br /> COMMERCIAL RECYCLING ORDINANCE, PHASE 1 AND PHASE 2 <br /> WHEREAS, on January 25, 2012 the Alameda County Waste Management Authority <br /> (ACWMA) adopted an Ordinance Requiring Actions to Reduce Landfilling of Recyclables and Organic <br /> Solid Waste From Business, Multi-family Residences, and Self Haulers (hereinafter referred to as the <br /> "Mandatory Commercial Recycling Ordinance"); 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 option to <br /> opt-out by adoption of a city resolution by March 2, 2012 and to opt-in at a later date; and <br /> WHEREAS, the opt-out provision excludes a city's service area from Sections 4, 5 and 8 of <br /> Phase I and Phase 2 of the Mandatory Commercial Recycling Ordinance; and <br /> WHEREAS, the City is currently evaluating the economic and service impact of the Mandatory <br /> Recycling Ordinance as part of its refuse and recycling collection rate study. <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 the Mandatory Commercial Recycling <br /> Ordinance, Phase I and Phase 2. <br /> SECTION 2: The City intends to reevaluate its decision to opt-out following completion of its <br /> refuse and recycling collection rate study which includes reviewing the impacts of the passage of state <br /> legislation AB341, and the City's Climate Action Plan, Zero Waste Goal. <br /> SECTION 3: The City of Pleasanton has the option to exercise the Mandatory Commercial <br /> Recycling Ordinance's opt-in provision at a later date. <br /> PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a <br /> regular meeting held on February 21, 2012. <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 21st day of February <br /> 2012, by the following vote: <br /> Ayes: Councilmembers Cook-Kallio, McGovern, Sullivan, Thorne, Mayor Hosterman <br /> Noes: None <br /> Absent: None <br /> Karen Siaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Jo .t an P. Lowell, City Attorney <br />