101-Staff Report.pdf
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: November 1, 2010
Subject
Amend the Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance to
be consistent with the new waste management and recycling Recology Franchise Agreement.
Recommended Action
Conduct second reading of Ordinance Nos. 10-2069 and 10-2070.
Description
A. An Ordinance of the City Council of the City of Cupertino Amending Chapter 6.24 of the
Cupertino Municipal Code to revise and re-title the existing Franchise Ordinance, Garbage–Los
Altos Garbage Company, as Garbage and Recycling Collection and Disposal to reflect the city’s
updated waste management and recycling programs and to provide terminology consistent with
the new Franchise Agreement with Recology;
B. An Ordinance of the City Council of the City Of Cupertino amending Chapter 16.72 of the
Cupertino Municipal Code clarifying and updating the requirements for construction and
demolition debris recycling to ensure consistency with amendments to Chapter 6.24 and the new
Recology Franchise Agreement.
Discussion
During the first reading of ordinance 10-2069 on September 21, 2010, Public Works staff
recommended additional language for Cupertino Municipal Code Section 6.24.110, which
Council approved. The approved language has been included in the ordinance to provide
clarification related to home compost bins on private property, indicating that such bins are
allowed and supported by the City. All other aspects of the proposed municipal code changes,
which were made and approved by Council on September 21, 2010 to provide consistency
between Section 6.24 of the Cupertino Municipal Code and the City’s new and improved
Franchise Agreement.
The following summarizes revisions to both Chapters 6.24 and 16.72 of the Cupertino Municipal
Code:
Chapter 6.24
6.24.050
Adds language to limit the amount of time recyclables may be accumulated in recycling
toters before being redeemed. Recyclables often have food residue which may attract rodents
and cause foul odors and / or may become a significant fire hazard. The current code has no
such provision.
6.24.300
Updates language to reflect the evolution from landfilling garbage (current code) to
promoting recycling and reuse (new code) and to specify the City’s obligation to its
Franchise Agreement as well as to State requirements pertaining to the containment of waste
material so that it does not threaten local environmental health.
6.24.325 and 6.24.330
Both sections add language which provides for enforcement through the City’s
administrative citation process.
Chapter 16.72
16.72.060
Provides clarification to the language regarding the administrative fee, which is not
mandatory unless specified in the City’s fee schedule.
16.72.070
Failure to comply with the existing reporting requirements may now delay final inspection.
Amendments to Chapter 16.72 make it consistent with Chapter 6.24 and with the new
Recology Franchise Agreement.
_____________________________________
Prepared by: Cheri Donnelly
Reviewed by: Ralph Qualls, Director of Public Works
Approved for Submission by: David W. Knapp, City Manager
Attachments: Draft Ordinances 10-2069 and 10-2070