Exhibit CC 05-01-12 #21 Mandatory Recycling CC SR 11.1.
PUBLIC WORKS DEPARTMENT
CITY HALL
10300 TORRE AVENUE• CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CUPERTINO
CITY COUNCIL STAFF REPORT
Meeting: May 1, 2012
ADDENDUM
Subject
Ordinance amending Chapter 6.24 (Garbage and Recycling Collection and Disposal) of the
Cupertino Municipal Code to address "Mandatory Recycling" requirements (AB 341) for multi-
family and commercial business recycling.
Discussion
One additional strikeout has been made to the draft ordinance amendment since it was distributed
and posted online. This change is summarized as follows:
• Section 6.24.300 (Unauthorized Garbage Collection) — was amended to clarify
requirements currently in the City's Franchise Agreement. An additional strikeout is
recommended to clarify that Recology is responsible for enforcing unauthorized debris
box placement in the City of Cupertino.
In Attachment A and B, the sentence stating, "The City shall notify any person or entity violating
this section that the prompt and permanent removal of any collection bin, box or container from
the place or premises is required." has been removed.
Prepared by: Cheri Donnelly
Reviewed by: Timm Borden
Approved for Submission by: Amy Chan, Interim City Manager
Amended Attachments:
A. Draft Ordinance Chapter 6.24 - Redline Version
B. Draft Ordinance Chapter 6.24 - Clean
ATTACHMENT A
ORDINANCE NO. 12-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 6.24 (GARBAGE AND RECYCLING COLLECTION
AND DISPOSAL) OF THE CUPERTINO MUNICIPAL CODE TO ADDRESS
"MANDATORY RECYCLING" REQUIREMENTS (AB341) FOR MULTI-
FAMILY AND COMMERCIA]L BUSINESS RECYCLING
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN AS FOLLOWS:
Section 3. SECTION 6.24.300 AMENDED. Section 6.24.300 of the Cupertino
Municipal Code is hereby amended to read as follows:
6.24.300 Unauthorized Garbage Collection„
No person shall collect any garbage, mixed recyclables, or construction and
demolition materials from debris boxes, compactors and bin-by-the-day services,
produced, kept or accumulated within the City, unless such person is an agent or
employee of the City acting within the course and scope of his employment, or has been
awarded a franchise by the City to act as garbage collector. The City shall notify any
person or entity violating this section that the prompt and permanent removal of any
collection bin, box or container from the place or premises is required. The City's
franchised hauler may take legal action to protect the exclusive rights granted to the
hauler in the franchise agreement.
The following situations are exempt from this section:
A) The transporting of garbage or recyclables, by the property owner, that have
been generated on the property by the owner of the property or by an individual or
entity leasing or renting the property from personally assisting the property
owner.
B) Collection of recyclable materials which have been source separated from
other garbage by the generator and which the generator sells or donates to any
other person or organization, or any recyclable materials which have a value equal
to or more than the cost of collection.
C) Removal of construction, remodeling or demolition debris as part of a total
service offered by the contractor, where the removal is performed by an employee
of the contractor using only equipment owned by the contractor.
D) Removal of green waste or plant trimmings by a gardening, landscaping, or
tree trimming contractor as an incidental part of a total service offered by that
contractor.
E) Collection of grease wastes from grease bins, grease traps or grease
interceptors.
F) Collection of horse manure from residences or non-residential properties.
G) Collection of hazardous materials.
H) Collection of non-hazardous material that is greater than fifty percent(50%)
liquid (including septic tank pumping, and other liquid wastes).
Section 24. Statement of Purpose. This Ordinance is intended to bring the
requirements of Chapter 6.24, into compliance with the requirements of Assembly Bill
341 (Chesbro) which require multi-family dwellings of five or more units and
commercial businesses generating four or more cubic yards of solid waste per week to
arrange for recycling services no later than July 1, 2012. In the absence of this
amendment, Chapter 6.24 would be inconsistent with the law.
Section 35. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance,be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof are
severable.
Section 46. Effective Date. This Ordinance shall take effect thirty days after
adoption as provided by Government Code Section 36937.
Section 57. Certification. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall give notice of its adoption as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
published and posted in lieu of publication and posting of the entire text.
INTRODUCED at a regular meeting of the Cupertino City Council the day
of and ENACTED at a regular meeting of the Cupertino City Council
the 4-st--day of by the following vote:
Vote Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
Grace Schmidt, Acting City Clerk Mark Santoro, Mayor
ATTACHMENT B
ORDINANCE NO. 12-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 6.24 (GARBAGE AND RECYCLING COLLECTS ON
AND DISPOSAL) OF THE CUPERTINO MUNICIPAL CODE TO ADDRI±SS
"MANDATORY RECYCLING" REQUIEZEMENTS (AB 341) FOR MULl I-
FAMILY AND COMMERCIAL BUSINESS RECYCLING
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN AS FOLLOWS:
Section 3. SECTION 6.24.300 AMENDED. Section 6.24.300 of the Cupertino
Municipal Code is hereby amended to read as follows:
6.24.300 Unauthorized Garbage Collection.
No person shall collect any garbage, mixed recyclables, or construction and
demolition materials from debris boxes, compactors and bin-by-the-day services,
produced, kept or accumulated within the City, unless such person is an agent or
employee of the City acting within the course and scope of his employment, or has been
awarded a franchise by the City to act as garbage collector. The City's franchised hauler
may take legal action to protect the exclusive rights granted to the hauler in the franchise
agreement.
The following situations are exempt from this section:
A) The transporting of garbage or recyclables, by the property owner, that have
been generated on the property by the owner of the property or by an individual or
entity leasing or renting the property from the property owner.
B) Collection of recyclable materials which have been source separated from
other garbage by the generator and which the generator sells or donates to any
other person or organization, or any recyclable materials which have a value equal
to or more than the cost of collection.
C) Removal of construction, remodeling or demolition debris as part of a total
service offered by the contractor, where the removal is performed by an employee
of the contractor using only equipment owned by the contractor.
D) Removal of green waste or plant trimmings by a gardening, landscaping, or
tree trimming contractor as an incidental part of a total service offered by that
contractor.
E) Collection of grease wastes from grease bins, grease traps or grease
interceptors.
F) Collection of horse manure from residences or non-residential properties.
G) Collection of hazardous materials.
H) Collection of non- hazardous material that is greater than fifty percent(50%)
liquid (including septic tank pumpings, and other liquid wastes).
Section 4. Statement of Purpose. This Ordinance is intended to bring the
requirements of Chapter 6.24into compliance with the requirements of Assembly Bill 341
(Chesbro) which require multi-family dwellings of five or more units and commercial
businesses generating four or more cubic yards of solid waste per week to arrange for
recycling services no later than July 1, 2012. In the absence of this amendment, Chapter
6.24 would be inconsistent with the law.
Section 5. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof are
severable.
Section 6. Effective Date. This Ordinance shall take effect thirty days after
adoption as provided by Government Code Section 36937.
Section 7. Certification. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall give notice of its adoption as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
published and posted in lieu of publication and posting of the entire text.
INTRODUCED at a regular meeting of the Cupertino City Council the day
of and ENACTED at a regular meeting of the Cupertino City Council
the day of by the following vote:
Vote Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
Grace Schmidt, Acting City Clerk Mark Santoro, Mayor