101-Staff Report.pdf
PUBLIC WORKSDEPARTMENT
CITY HALL
1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting:September 21, 2010
Subject
Amend the Cupertino Municipal Code to reviseand re-title the existing Franchise Ordinance to
be consistent with the new Recology Franchise Agreement.
Recommended Action
Conduct first reading of Ordinance Nos. 10-_____ and 10-_____.
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
On May 18, 2010, Council approvedanew five-yearwastecollection and recyclingservices
franchise agreement,effectiveNovember 1, 2010.The proposed municipal code changes will
provide consistency between Section 6.24 of the Cupertino Municipal Code and the City’s new
and improved Franchise Agreement. The amendment will remove the reference to the former
name of the Franchisee,Los Altos Garbage Company, whichnow operates asRecology,
Cupertino.
The following summarizesrevisionsto both Chapters 6.24 and 16.72 of the Cupertino Municipal
Code:
Chapter 6.24
6.24.050
Addslanguage to limitthe amount of time recyclables maybe accumulatedin recycling
totersbefore 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
Updateslanguage to reflectthe evolution from landfillinggarbage (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 languagewhichprovidesfor 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 Chapter16.72make it consistent with Chapter 6.24 and with the new
RecologyFranchise Agreement.
_____________________________________
Prepared by:Cheri Donnelly
Reviewed by:Ralph Qualls
Approved for Submission by:David W. Knapp, City Manager
Attachments:
Draft Ordinance Redline Version