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HomeMy WebLinkAbout94-183A - Resolutions RESOLUTION NO. 94-183A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADJUSTING THE MAXIMUM RATES THAT MAY BE CHARGED FOR COMMERCIAL AND INDUSTRIAL REFUSE COLLECTION A. RECITALS. (i) On September 8, 1994, the City Council adopted Resolution No. 94-183 establishing the maximum rates that may be charged for refuse collection within the City of Rancho Cucamonga. At the time said Resolution was adopted, the City utilized and relied upon a voluntary recycling program as a means to comply with the state-mandated recyclable diversion requirements. (ii) Data gathered to date by the City reflects that it is not achieving the required rate of diversion of recyclables for commercial/industrial waste utilizing voluntary recycling. In order to achieve the required fifty percent (50%) diversion rate, it is necessary for the City to utilize a mandatory commercial/industrial waste recycling program to be operated by the City's franchised waste haulers. (iii) It is the intent of the City Council in adopting this Resolution to adjust the rate cap established by Resolution No. 94-183 in order for the City's commercial waste haulers to recover their costs of operating the City's mandatory recycling program. (iv) On July 2, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the rate cap adjustment set forth herein as required by law, including Section 8.19.28.0 of the Rancho Cucamonga Municipal Code.. · ' (v) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION, NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find and resolve as follows: SECTION 1: The facts set forth in the Recitals, Part A of this Resolution, are true and correct. SECTION 2: Subsections "A" through "H" of Section 2 of Resolution No. 94-183 are hereby amended by deletion of the phrase "Monthly rates in respect to frequency shall not be less than eighty-five percent (850/,,)· of the stated maximum rate", from each of said · ~ subsections. Resolution No. 94-183A Page 2 of 2 SECTION 3: The adjustment to the rate cap, as effected by the provisions of Section 2, above, are in compliance with Section 8.19.280 of Chapter 8.19 of the Rancho Cucamonga Municipal Code. SECTION 4: The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 2ne day of July 2003. AYES: Alexander, Howdyshell, Kurth, Williams NOES: None ABSENT: Gutierrez ABSTAINED: N one~---~-'~ -"~, ~ ATTEST: I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 2nd day of July 2003. Executed this 3rd day of July 2003, at Rancho Cucamonga, California.