Agenda packet — Apple Valley City Council, February 22, 2022 (part 1 of 2)

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, February 22, 2022, 6:30 p.m.

Council Chamber

PLEASE SILENCE CELL PHONES UPON ENTERING THE CHAMBER

FOR INDIVIDUALS NOT PHYSICALLY PRESENT AND STILL WISHING TO MAKE PUBLIC COMMENTS, YOU MAY COMMENT IN ONE OF TWO WAYS: 1) COMMENTS AND CONTACT INFORMATION CAN BE EMAILED TO [email protected] TO BE INCLUDED IN THE RECORD; 2) A REQUEST TO SPEAK CAN BE EMAILED TO THE SAME

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CLERK WILL PLACE A PHONE CALL TO THE COMMENTER AND ALLOW THEM TO SPEAK TO

THE COUNCIL VIA SPEAKER PHONE DURING THE LIVE MEETING FOR UP TO THREE MINUTES.

The meeting will occur in the Council Chamber located at 14955 Dale Evans Parkway in Apple Valley, California.

This is an agenda for the scheduled meeting of the Town of Apple Valley.

This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chamber. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.

Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.

In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak.

Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.

When called, approach the podium and if desired, please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.

Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting and are subject to removal from the chamber or arrest.

The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.

Pages

1. Call to Order

2. Opening Ceremonies

2.1. Invocation

2.2. Pledge of Allegiance

2.3. Presentations

2.3.1. CERTIFICATE OF APPRECIATION - JOEL HARRISON -

PLANNING COMMISSION

2.3.2. CERTIFICATE OF APPOINTMENT - JOHN NUNEZ-FRANCO -

PARKS AND RECREATION COMMISSION

2.3.3. EMPLOYEE OF THE QUARTER - MARIA PEREZ,

CUSTODIAN - FACILITIES

3. Public Comments

Page 2 of 179 ends

4. Councilmember Committee/Commission/Community Participation 9 Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

5. Town Council Announcements

5.1. Suggested items for next Agenda

5.2. Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - March 8, 2022 - Council Chambers Regular Session at 6:30p.m.

6. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 6.1-6.7 as recommended.

6.1. APPROVAL OF MINUTES 11
That the Town Council approve the subject minutes as part of the consent agenda.

6.2. REJECT BID FOR APPLE VALLEY URBAN FOREST RENEWAL AND COMMUNITY ORCHARD PROJECT NO. PW2021-03
23 Reject bid for the Apple Valley Urban Forest Renewal and Community Orchard - Project No. PW2021-03.

B. Direct staff to withdraw the grant application.

Direct staff to cancel the project and budget for new trees as the budget allows.

6.3. AWARD OF CONTRACT, JESS RANCH LIFT STATION UPGRADES 26 Excuse the Low Bidder, The Van Dyke Corporation., per the authority granted in the Public Contracts Code Section 5106; A.

Award a contract to RSH Construction. for the Jess Ranch Lift Station Upgrades Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town
Manager;
B.

6.4. SR18/APPLE VALLEY ROAD INTERSECTION REALIGNMENT
PROJECT - CONSTRUCTION FUNDING AGREEMENT NO. 18-
1001926 AMENDMENT NO 1
33 That the Town Council review and approve Funding Agreement No. 18- 1001926 Amendment no. 1 between San Bernardino County
Transportation Authority and Town of Apple Valley for the SR18/Apple Valley Road Intersection Realignment – Project 2020-05.

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6.5. AWARD BEAR VALLEY ROAD WIDENING FROM CENTRAL ROAD TO

QUINNAULT ROAD
41 Award a contract to Miller Equipment Company, Inc. for the Bear Valley Road Widening from Central Road to Quinnault Road Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;

6.6. PROCLAMATION PROCLAIMING FEBRUARY 2022 AS “BLACK
HISTORY MONTH” IN THE TOWN OF APPLE VALLEY
48 That the Town Council proclaim February 2022 as “Black History Month” in the Town of Apple Valley.

6.7. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN FOR

THE TOWN OF APPLE VALLEY
51 Approve resolution No. 2022 - 06, A Resolution of the Town Council of The Town of Apple Valley amending the current Classification and Salary Plan for the Town of Apple Valley.

7. Public Hearings

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7.1. SECOND PUBLIC HEARING FOR REDISTRICTING; CONSIDERATION

OF ORDINANCE TO ALLOW MAPS TO BE ADOPTED BY
RESOLUTION; AND CONSIDERATION OF ORDINANCE TO

ESTABLISH SEPARATELY ELECTED MAYOR AND TO ALLOW MAPS

TO BE ADOPTED BY RESOLUTION
62 A. Receive a report from staff and the Town’s redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and
B. Receive input from the public on the appropriate criteria for redistricting; and
C. Consider and adopt either:

1. ORDINANCE NO. 549(A) – AN ORDINANCE OF THE TOWN

COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING SECTION

2.04.140 AND ADDING SECTION 2.04.150 TO CHAPTER 2.04 OF TITLE 2 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE

TRANSITIONING TO BY-DISTRICT ELECTIONS FOR FOUR

COUNCILMEMBERS AND AN AT-LARGE MAYOR AND ALLOWING
MAPS TO BE ADOPTED BY RESOLUTION; or

2. ORDINANCE NO. 549(B) – AN ORDINANCE OF THE TOWN

COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING SECTION

2.04.140 OF TITLE 2 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE ALLOWING MAPS TO BE ADOPTED BY RESOLUTION.

Note: The adoption of Ordinance No. 549(B) would retain the current five district system. Council may also chose to adopt neither ordinance; and
D. Provide direction to the Town’s redistricting consultant relating to the drawing of new district maps.

8. Business of the Council

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8.1. INTRODUCE ORDINANCE NO. 550 - AN ORDINANCE OF THE TOWN

COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA, ADDING A NEW CHAPTER 12.37 TO TITLE 12 OF THE APPLE VALLEY
MUNICIPAL CODE AND AMENDING SECTION 12.38.020 OF
CHAPTER 12.38 OF TITLE 12
75 OF THE APPLE VALLEY MUNICIPAL CODE TO CODIFY AND

CONSOLIDATE VEHICLE PARKING RESTRICTIONS ESTABLISHED

VIA TOWN COUNCIL RESOLUTIONS
Find the proposed adoption of Ordinance No. 550 is not subject to and is exempt from CEQA based upon a finding that, under section 15061(b)(3) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.

Move to waive the reading of Ordinane No. 550 in its entirety and read by title only.

Move to introduce Ordinance No. 550 adding a new Chapter

12.37 to Title 12 of the Apple Valley Municipal Code and amending Section 12.38.020 of Chapter 12.38 of Title 12 of the Apple Valley Municipal Code to codify and consolidate vehicle parking restrictions established via Town Council Resolutions.

Page 6 of 179 ends

8.2. INTRODUCE ORDINANCE NO. 551 - AN ORDINANCE OF THE TOWN

COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
AMENDING CHAPTER 6.20 OF THE APPLE VALLEY MUNICIPAL

CODE RELATING TO SOLID WASTE
88 AND AMENDING CHAPTER 8.19 RELATING TO REQUIREMENT TO

RECYCLE CONSTRUCTION AND DEMOLITION DEBRIS FOR

CERTAIN CONSTRUCTION, DEMOLITION, AND RENOVATION
PROJECTS WITHIN THE TOWN OF APPLE VALLEY.

Find the proposed adoption of Ordinance No. 551 is not subject to and is exempt from CEQA based upon a finding that, under section 15061(b)(3) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.

Move to waive the reading of Ordinance No. 551 in its entirety and read by title only.

Move to introduce Ordinance No. 551 amending Chapter 6.20 of the Apple Valley Municipal Code relating to solid waste, recyclables, and organic waste, and amending Chapter 8.19 relating to requirement to recycle construction and demolition debris for certain construction, demolition, and renovation projects.

8.3. VACANCY ON THE HISTORICAL ADVISORY COMMITTEE 177
Council Member Emick to nominate: ____________ to the Town of Apple Valley Historical Advisory Committee.

8.4. VACANCY ON THE COMMUNITY DEVELOPMENT CITIZEN

ADVISORY COMMITTEE
178
Council Member Nassif to nominate: ____________ to the Town of Apple Valley Community Development Citizen Advisory Committee.

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update

11. Closed Session
Recommended Motion:

To Adjourn the regular meeting to move into Closed Session at TIME to discuss the following:

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11.1. Closed Session 179
Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.

Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one or more potential cases.

Conference with Real Property Negotiators – Pursuant to Government Code. Section 54956.8. Property: Apple Valley Ranchos Water Company (now Liberty Utilities (Apple Valley Ranchos Water) Corp.); Authority Negotiator: Town Manager; Negotiating Parties: Liberty Utilities Co., Liberty WWH, Inc., Algonquin Power & Utilities Corp., Park Water Company,
Western Water Holdings LLC, Tony Penna, General Manager, Apple Valley Ranchos Water Company; Under Negotiation:

Price and Terms of Payment.

Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code
Section 54956.9, Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.

12. Adjournment
Recommended Motion:

To adjourn the meeting of the Apple Valley Town Council at TIME.

Page 8 of 179 ends

TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS

CITIZEN ADVISORY COMMITTEES

HISTORICAL ADVISORY COMMITTEE (HAC)
Council Member Cusack
Meets every 2nd Thursday of each month at 9:00 a.m.,
(location may vary)

SPECIAL ADVISORY COMMITTEES
DISASTER PREPAREDNESS*
Mayor - Chairman
Meets quarterly at 1:30 p.m., Town of Apple Valley
Conference Center - Development Services Building
14975 Dale Evans Parkway, Apple Valley.

TRAFFIC ADVISORY COMMITTEE (TAC)
Council Member Nassif
As needed.

Town Council Chambers

TOWN PERSONNEL COMMITTEE
Council Member Nassif
Mayor Pro Tem Bishop
Meets as Needed

PARK AND RECREATION ADVISORY COMMITTEE
Council Member Nassif
Council Member Emick

AD HOC COMMITTEES

APPLE VALLEY ROAD AD HOC COMMITTEE
Council Member Nassif

VILLAGE MERCHANTS AD HOC COMMITTEE
Council Member Emick

AGENCY - BOARDS/COMMITTEES &

COMMISSIONS

CALIFORNIA JOINT POWERS INSURANCE

AUTHORITY (CJPIA)
Council Member Nassif – Director
Exec. Committee meets every 4th Wednesday of each
month at 7:00 p.m., La Palma, CA.

HIGH DESERT CORRIDOR JOINT POWERS

AUTHORITY (HDCJPA)
Council Member Nassif – Director
Council Member Emick – Alternate
Meets every 2nd Thursday of each quarter at 2:00 p.m.
385 N. Arrowhead Ave, San Bernardino, CA

LEAGUE OF CALIFORNIA CITIES/DESERT

MOUNTAIN DIVISION (LOCC/DMD)
Council Member Nassif- Voting Delegate
Mayor Pro Tem Bishop – Alternate
Meets quarterly on the 4th Friday of every other month
at 10:00 a.m., rotating cities.

MOJAVE DESERT AIR QUALITY MANAGEMENT

DISTRICT (MDAQMD)
Mayor Leon-– Delegate
Council Member Emick – Alternate
Meets every 4th Monday of each month at 10:00 a.m.,
14306 Park Avenue, Victorville

MOJAVE DESERT AND MOUNTAIN RECYCLING

AUTHORITY
Council Member Cusack – Delegate
Mayor Pro Tem Bishop – Alternate
Meets quarterly on the 2nd Thursday February, May,
August and November at 10:00 a.m.
at the Materials Recovery Facility, 17000 Abbey Lane,
Victorville

SAN BERNARDINO COUNCIL OF GOVERNMENTS
(SBCOG)
Mayor Pro Tem Bishop - Board Member
Council Member Cusack – Alternate
Meets 1st Wednesday of each month at 10:00 a.m.,
1170 West 3rd St.

San Bernardino

SOLID WASTE ADVISORY TASK FORCE (SWAT)
Council Member Cusack – Committee Member
Julie Ryan - Alternate
Meets as needed on Wednesdays at 1:30 p.m.

Sam J. Racadio Library & Environmental Learning
Center Community Room 7863 Central Ave. Highland

VICTOR VALLEY ECONOMIC DEVELOPMENT

AUTHORITY (VVEDA)
(George Air Force Base Reuse Task Force)
Council Member Emick – Commissioner
Mayor Pro Tem Bishop – Alternate
Meets every 2nd Wednesday of each quarter at 5:00
p.m., SCLA

VICTOR VALLEY TRANSIT AUTHORITY (VVTA)
Council Member Emick – Representative
Mayor Leon - Alternate
Meets every 3rd Monday of each month at 9:30 a.m.,
Victorville City Hall

Page 9 of 179 ends

VICTOR VALLEY WASTE WATER RECLAMATION

AUTHORITY (VVWRA)
Council Member Nassif – Commissioner
Mayor Pro Tem Bishop – Alternate
Meets every 3rd Thursday at 7:30 a.m.

VVWRA Offices

APPLE VALLEY CHAMBER OF

COMMERCE

GOVERNMENTAL RELATIONS COMMITTEE
Mayor Pro Tem Bishop – Representative
Council Member Cusack – Alternate
*These Boards, Committees and
Commissions require the Mayor to serve
as the representative.

Page 10 of 179 ends

Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES

From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Town Clerk
Town Clerk
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council approve the subject minutes as part of the consent agenda.

SUMMARY:

A. Regular Meeting February 8, 2022

Page 11 of 179 ends

1 Apple Valley Town Council

MINUTES
February 8, 2022, 6:30 p.m.

Council Chamber
Members Present: Council Member Cusack
Council Member Emick
Council Member Nassif
Mayor Pro Tem Bishop
Mayor Leon
_____________________________________________________________________

1. Call to Order
Mayor Leon called to order the regular session of the Apple Valley Town Council at 6:30 p.m.

2. Opening Ceremonies

2.1 Invocation
Pastor Whitney - Apple Valley Church of the Nazarene

2.2 Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Emick.

2.3 Presentations

2.3.1 Sydnie Harris, Finance Director - Presentation on Changes to the California Public Employees Retirement System
Retirement System (CalPERS)
Mayor Pro Tem Bishop commented on discussions held at
CalCities regarding the California Public Employees Retirement System. He recommended a future presentation be given on the Section 115 Trust.

3. Public Comments
Tom Piper, Apple Valley, commented on illegal marijuana cultivations and illegal armored car businesses.

Page 12 of 179 ends

2 Christina (No last name given), commented on roadway signage and other road conditions that she believed could be improved in the community.

Marcy Taylor, representing various Historical Societies including the Historical Advisory Committee, stated that “The Negro Motorist Green Book”, a traveling exhibition from the Smithsonian, includes a part of history from the Town of Apple Valley. She commented on the books inclusion of the Murray’s Dude Ranch, and a photo of Bell Mountain, noting that the tour is currently in Sacramento at the California Museum. She also commented that April will be Joseph McConnell Month and stated that activities will be scheduled to celebrate his centennial.

Trenae Nelson, Apple Valley Unified School District Superintendent, stated that she supported Agenda Items 6.5 and 6.6 listed on tonight’s agenda. She also commented on the new start time for students in the district beginning the 2022/23 school year that she believed would have a negative impact on the community. She respectfully asked if the Town Council could submit a letter of opposition in reference to the new start times.

AT THIS TIME DUE TO THE POSTED PUBLIC HEARING OF 7:30 P.M. THE TOWN COUNCIL TOOK ACTION ON AGENDA ITEM NUMBER 7.3

7.3 FIRST PUBLIC HEARING FOR REDISTRICTING AND CONSIDERATION OF

ORDINANCE TO ESTABLISH SEPARATELY ELECTED MAYOR AND

ALLOW MAPS TO BE ADOPTED BY RESOLUTION

1. Receive a report from staff and the Town’s redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and

2. Conduct a public hearing to receive public input on district boundaries; and if desired by the Town Council:

3. Introduce, read by title only, and waive further reading of ORDINANCE Mayor Leon opened the public hearing at 7:30 p.m.

Thomas Rice, Town Attorney, introduced the redistricting item and consultant hired to work with the Town on this process.

Todd Tatum, National Demographic Corporation, presented a PowerPoint slide that detailed the redistricting process.

The Town Council made comments in reference to the demographics of the Town.

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3 There being no requests to speak, Mayor Leon closed the public hearing at 7:44 p.m.

Discussion ensued regarding the original transition to districts, a five-district community and a transition to a four plus one district which would allow for an at large Mayor.

Doug Robertson, Town Manager, commented on two-year mayoral seats versus four-year mayoral seats indicating that the Council could consider either at this time.

After a lengthy discussion, it was the consensus of the Town Council to move forward with five districts; however, concern was expressed regarding the lack of public input from those who may choose to have an elected Mayor and four districts. At the recommendation of the Town Attorney, the Town Council chose to introduce two ordinances at this meeting to allow the public to provide any input during the interim, with final adoption of one ordinance at the next public hearing. The two ordinances to be considered:

Ordinance No 549(A)

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY AMENDING SECTION 2.04.140 AND ADDING SECTION 2.04.150 TO CHAPTER 2.04 OF TITLE 2 OF THE TOWN OF APPLE VALLEY MUNICIPAL

CODE TRANSITIONING TO BY-DISTRICT ELECTIONS FOR FOUR

COUNCILMEMBERS AND AN AT-LARGE MAYOR AND ALLOWING MAPS TO

BE ADOPTED BY RESOLUTION
Ordinance No. 549(B) – Amended

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY AMENDING SECTION 2.04.140 OF TITLE 2 OF THE TOWN OF

APPLE VALLEY MUNICIPAL CODE ALLOWING MAPS TO BE ADOPTED BY

RESOLUTION
Motion by: Council Member Emick
Seconded by: Mayor Pro Tem Bishop
Waive the reading of Ordinance No. 549A in its entirety and read by title only.

Yes (5): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif, Mayor Pro Tem Art Bishop and Mayor Kari Leon.

Carried (5 to 0)

Page 14 of 179 ends

4 La Vonda M-Pearson, Town Clerk, read the title to Ordinance No 549A Motion by: Council Member Emick
Seconded by: Council Member Cusack
Introduce Ordinance No. 549A
Yes (5): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif, Mayor Pro Tem Art Bishop and Mayor Kari Leon.

Carried (5 to 0)
Motion by: Council Member Nassif
Seconded by: Council Member Cusack
Waive the reading of Amended Ordinance No. 549B in its entirety and read by title only.

Yes (5): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif, Mayor Pro Tem Art Bishop and Mayor Kari Leon.

Carried (5 to 0)
La Vonda M-Pearson, Town Clerk, read the title to Ordinance No 549B Motion by: Council Member Emick
Seconded by: Mayor Pro Tem Bishop
Introduce Amended Ordinance No 549B
Yes (5): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif, Mayor Pro Tem Art Bishop and Mayor Kari Leon.

Carried (5 to 0)
Discussion ensued regarding the term length for Mayor if an elected at-large Mayor was selected as deliberated during Council Member discussion.

Motion by: Council Member Emick
Seconded by: Mayor Pro Tem Bishop
To amend recital six of Ordinance 549(A) to read “…Councilmembers by-district in four single-member districts and the election of a Mayor by an at-large election

Page 15 of 179 ends

5 for a term of 2 years;” and to amend Section 3, “2.04.150 – At-Large Election of Mayor to read, “ . . . the Mayor shall be voted on at-large and shall have a term of two years.”
Yes (5): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif, Mayor Pro Tem Art Bishop and Mayor Kari Leon.

Carried (5 to 0)
AT THE CONCLUSION OF PUBLIC HEARING 7.3 ON THE AGENDA, THE TOWN COUNCIL RESUMED TO THE REMAINDER OF THE AGENDA.

4. Councilmember Committee/Commission/Community Participation Councilmembers to make brief reports on their participation on committees, boards, and commissions on the Town’s behalf since the last meeting.

Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

Council Member Emick commented on committee meetings and events that he attended.

Council Member Cusack commented on committee meetings and events that he attended.

Council Member Nassif commented on committee meetings and events that he attended.

Mayor Pro Tem Bishop commented on committee meetings and events that he attended.

Mayor Leon commented on committee meetings and events that she attended.

5. Town Council Announcements

5.1 Suggested items for next Agenda
Council Member Emick commented on the recognition of Black History Month. He recommended, with the consensus of the Town Council that a proclamation be prepared for the next agenda.

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - February 22, 2022 - Council Chambers Regular Session at 6:30p.m.

6. Town Council Consent Agenda

Page 16 of 179 ends

6 La Vonda M-Pearson, Town Clerk, read the disclosure statement for specific warrants listed on the agenda.

Council Member Cusack has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Apple Valley Communications, AV Tech Services or AVCOM Services for the Town of Apple Valley as the owner of these businesses. Therefore, he will be recusing from voting on the warrants for Apple Valley Communications, AV Tech Services and AVCOM Services listed under Agenda Item Number 6.2. In addition, due to his interest in these businesses, Council Member Cusack will be recusing from voting on specific warrants listed under Agenda Item Number 6.2 because these entities are considered sources of income to his businesses. A list of business entities for Council Member Cusack is maintained on file in the Town Clerk’s Office and available for review at the dais.

Council Member Cusack confirmed that he would be recusing from voting on these warrants.

Council Member Nassif has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with NAPA Auto Parts or High Desert Auto Supply for the Town of Apple Valley as the owner of these businesses. Therefore, he will be recusing from voting on the warrants for NAPA Auto Parts and High Desert Auto Supply listed under Agenda Item Number 6.2. In addition, due to his interest in both businesses, Council Member Nassif will also be recusing from voting on specific warrants listed under Agenda Item Number 6.2 because these entities are considered sources of income to his businesses. A list of business entities for Council Member Nassif is maintained on file in the Town Clerk’s Office and available for review at the dais.

Council Member Nassif confirmed that he would be recusing from voting on these warrants.

Mayor Leon has a remote interest in specific warrants on tonight’s Commercial Warrants dealing with Solution Strategies and Christian Brothers as a landlord to these entities. Therefore, she will be recusing herself from voting on the warrants for these businesses.

Mayor Leon confirmed that she would be recusing from voting on Agenda Item Number 6.2 regarding traffic signage.

Christina (no last name given) provided comments on Agenda Items Numbered

6.5 and 6.6.

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7 Mayor Pro Tem Bishop thanked the engineering staff for their work with traffic signage and also thanked our grants staff for their work submitting grant applications.

Motion by: Mayor Pro Tem Bishop
Seconded by: Council Member Emick
To approve the Consent Calendar items numbered 6.1-6.8 as recommended.

Yes (5): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif, Mayor Pro Tem Art Bishop and Mayor Kari Leon.

Carried (5 to 0)

6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.

6.2 JANUARY 2022 COMMERCIAL WARRANTS AND WIRE TRANSFER

SCHEDULES
That the Town Council receive, ratify, and file the Commercial Warrants and Wire Transfer Schedules as presented.

6.3 JANUARY 2022 PAYROLL/BENEFITS WARRANTS SCHEDULE
That the Town Council receive, ratify and file the payroll/benefits warrants as presented.

6.4 CONSENT TO ADVERTISE 2022 ROADWAY REPAIR PROJECT

1. That the Town Council review and approve the bid documents for the Resurfacing 2021 Gap Repair Project.

2. That the Town Council authorize staff to solicit bids for construction of said project.

6.5 ALL-WAY STOP AT THE INTERSECTION OF MESQUITE AND

OTTAWA ROAD
Adopt Resolution 2022-02, “A Resolution of the Town Council of the Town of Apple Valley establishing the intersection of Mesquite Road and Ottawa Road as an all-way STOP intersection.

6.6 ALL-WAY STOP AT THE INTERSECTION OF JOSHUA ROAD AND

SOUTH ROAD

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8 Adopt Resolution 2022-03, “A Resolution of the Town Council of the Town of Apple Valley establishing the intersection of Joshua Road and South Road as an all-way STOP intersection.”

6.7 APPROVE RESOLUTION AUTHORIZING SUBMITTAL OF A CLAIM

AND REQUEST FOR REIMBURSEMENT TO SBCTA FOR TDA
ARTICLE 3 FUNDS
Adopt Resolution No. 2022-04 authorizing submittal of a claim to the San Bernardino County Transportation Authority (SBCTA) for the Transportation Development Act (TDA) Article 3 funds for the Bear Valley Road Bridge Connector Project.

6.8 ACCEPTANCE OF WORK FOR MENDEL PARK RESTROOM

1. Accept the work completed by TSR Construction Inc. for the Mendel Park Restroom. Total contract amount was $223,700.00

2. Direct the Town Clerk to file the Notice of Completion for the contract work.

3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

7. Public Hearings

7.1 RESOLUTION 2022-05, TO RECORD DELINQUENT UTILITY FEES

AND COSTS AGAINST REAL PROPERTY LOCATED IN THE TOWN

OF APPLE VALLEY AND DIRECTING THAT SAID ASSESMENTS

CONSTITUTE A LIEN UPON SAID PROPERTIES

1. Open Public Hearing;

2. Adopt Resolution No. 2022-05, confirming delinquent utility fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties.

3. Close Public Hearing.

Mayor Leon opened the public hearing at 9:01 p.m.

Sydnie Harris, Director of Finance, presented the staff report as filed with the Town Clerk.

There being no requests to speak, Mayor Leon closed the public hearing at 9:02 p.m.

Page 19 of 179 ends

9 Motion by: Mayor Pro Tem Bishop
Seconded by: Council Member Emick
Adopt Resolution No. 2022-05, confirming delinquent utility fees and costs against real property located in the Town, and directing that said assessments constitute a lien upon said properties.

Yes (5): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif, Mayor Pro Tem Art Bishop and Mayor Kari Leon.

Carried (5 to 0)

7.2 URGENCY ORDINANCE ADDING A NEW SECTION 9.71.170 TO THE

TOWN OF APPLE VALLEY MUNICIPAL CODE RELATING TO URBAN
LOT SPLITS, ADDING A NEW SECTION 9.29.220 TO TOWN OF

APPLE VALLEY MUNICIPAL CODE RELATING TO TWO-UNIT

PROJECTS, AND DETERMINING THE ORDINANCE IS EXEMPT FROM
CEQA
Adopt an Urgency Ordinance Adding a New Section 9.71.170 to the Town of Apple Valley Municipal Code Relating to Urban Lot Splits, Adding a New Section 9.29.220 to the Town Of Apple Valley Municipal Code Relating to Two-Unit Projects, and Determining the Ordinance to be Exempt from CEQA.

Mayor Leon opened the public hearing at 9:04 p.m.

Daniel Alcayaga, Planning Manager, presented the staff report as filed with the Town Clerk.

Patrick Carroll, Building Official, answered questions of the Council in reference to sewer connections.

Christina (no last name given), commented on the purchase of housing stock, the splitting of lots and the long terms effects of lot splitting in the community.

Craig Johnson, Merrell Johnson Engineering, questioned whether or the not the bill would preempt the Joshua Tree. He believed the Town should discover roadblocks to prevent this from moving forward.

Doug Robertson, Town Manager, stated that the Joshua Tree rules will take precedence over SB9.

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10 Mr. Alcayaga responded to the questions and concerns made by the public and Council.

There being no requests to speak, Mayor Leon closed the public hearing at 9:37 p.m.

Motion by: Council Member Emick
Seconded by: Council Member Nassif
Waive the reading of Ordinance No. 548 in its entirety and read by title only.

Motion by: Council Member Emick
Seconded by: Council Member Cusack
Yes (4): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif and Mayor Kari Leon.

Noes (1): Mayor Pro Tem Bishop.

Carried (4 to 1)
La Vonda M-Pearson, Town Clerk, read the title to Ordinance No. 548.

Motion by: Council Member Emick
Seconded by: Council Member Cusack
Adopt an Urgency Ordinance Adding a New Section 9.71.170 to the Town of Apple Valley Municipal Code Relating to Urban Lot Splits, Adding a New Section

9.29.220 to the Town Of Apple Valley Municipal Code Relating to Two-Unit Projects, and Determining the Ordinance to be Exempt from CEQA.

Yes (4): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif and Mayor Kari Leon.

Noes (1): Mayor Pro Tem Bishop.

Carried (4 to 1)

8. Business of the Council

8.1 VACANCY ON THE PARK AND RECREATION COMMISSION
Council Member Cusack to nominate: ____________ to the Town of Apple Valley Park and Recreation Commission.

Council Member Cusack nominated John Nunez-Franco to the Parks and Recreation Commission.

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11 Motion by: Council Member Cusack
Seconded by: Council Member Nassif
Appoint John Nunez-Franco to the Town of Apple Valley Park and Recreation Commission.

Yes (5): Council Member Larry Cusack, Council Member Curt Emick, Council Member Scott Nassif, Mayor Pro Tem Art Bishop and Mayor Kari Leon.

Carried (5 to 0)

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
None

11. Closed Session
None.

12. Adjournment
To adjourn the meeting of the Apple Valley Town Council at 9:35 p.m.

Kari Leon, Mayor La Vonda M-Pearson, Town Clerk

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Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: REJECT BID FOR APPLE VALLEY URBAN FOREST RENEWAL AND COMMUNITY ORCHARD PROJECT NO. PW2021-03

From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Interim Director of Public Works Public Works
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. Reject bid for the Apple Valley Urban Forest Renewal and Community Orchard - Project No. PW2021-03.

B. Direct staff to withdraw the grant application.

C. Direct staff to cancel the project and budget for new trees as the budget allows.

BACKGROUND
The Town applied for the Environmental Enhancement and Mitigation Program Grant through the State Natural Resource Agency and subsequently awarded $172,967.00.

On February 8, 2022, the Town received and opened bids for the subject project in response to the Notice Inviting Sealed Bids issued by the Public Works Department on January 5, 2022. The proposed project would have provided the necessary labor, equipment and materials for the installation of reclaimed water and potable water irrigation systems and planting of trees, shrubs and Apple Orchard at Civic Center Park.

The Town received only one bid in the amount below.

Contractor Total Base Bid Price
Sanderson Landscape Solutions $391,130.00

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ANALYSIS
Staff advertised for bids and the proposed project was continguent upon funding using only grant funds. Due to just one bid being received, it is evident the cost of the project far exceeds available funds as a result of inflation since the grant was approved.

Therefore, staff recommends rejecting the bid and withdrawing the Town’s grant application. Alternatively, staff will plant new trees each year as the budget allows.

FISCAL IMPACT
N/A

ATTACHMENTS
A. Project Location.

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Project Location

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Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: AWARD OF CONTRACT, JESS RANCH LIFT STATION UPGRADES From: Douglas Robertson, Town Manager
Submitted by: Brad Miller, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. Excuse the Low Bidder, The Van Dyke Corporation., per the authority granted in the Public Contracts Code Section 5106;
B. Award a contract to RSH Construction. for the Jess Ranch Lift Station Upgrades Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;

BACKGROUND
The existing Jess Ranch lift station was constructed to primarily service the Jess Ranch residential community to the south which is directly adjacent to the Mojave River. Since that time, the community has grown significantly with additional residential communities to the south and an expansive retail district to the north. Future development in the area west of Deep Creek Road will also be serviced by this lift station. Additional projects in the area have been proposed and conditionally approved requiring an upgraded lift station to adequately service the area when fully developed.

Public Works and Engineering staff selected Lee + Ro to evaluate the current condition and overall project needs. Upon completion of a feasibility study, a best alternative was selected. Lee + Ro finalized the design and will continue to monitor the project through completion.

On February 8, 2022, the Town received and opened bids for the subject project. The bid results are as follows:

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Contractor Base Bid Price

1. The Van Dyke Corporation. $1,569,250.00

2. RSH Construction $2,568,300.00

3. Pyramid Building & Engineeering. $2,695,298.00

4. Christensen Brothers General Engineering $3,081,380.00 On February 9, 2022, Van Dyke Corporation’s representative contacted Engineering staff stating that they made an error in their bid and would not be able to complete the project at the bid price. They requested, in writing, that they be excused from the project without relinquishing their bid bond. Upon review of the bid results, staff considers Van Dyke Corporation’s bid to be unbalanced and unrealistic which, in turn, could jeopardize completion of the project. Staff recommends that Van Dyke Corporation’s bid be rejected and their bid bond released. The second low bidder, RSH Construction, should be considered for award of contract.

ANALYSIS
The bid documents for the projects were reviewed by staff for accuracy and constructability. Staff reviewed the bid submissions for completeness and considers RSH Construction to be a qualified, responsible and responsive bidder.

FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2021-2022 budget using a 98-1 AD Bond.

ATTACHMENTS
A. Project Location
B. Contract for Construction

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Project Location

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SECTION 400 - CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made this 22nd day of February, 2022, in San Bernardino County, State of California, by and between the Town of Apple Valley, hereinafter called Town, and Canyon Springs Enterprises, DBA RSH Construction, hereinafter called Contractor. Town and Contractor agree, for valuable consideration, as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work and provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents (specified in Article 5 below) for the public work of improvement titled:

Jess Ranch Lift Station Upgrades
The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 210 Working Days from the commencement date stated in the Notice to Proceed, hereafter the Contract Time. By its signature hereunder, Contractor agrees the Contract Time is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million Five Hundred Sixty-Eight Thousand Three Hundred Dollars ($2,568,300.00), hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. Contractor acknowledges that Town will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the Town’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the Town the sum of $750.00 for each and every Working Day of delay in completing the Work beyond the Contract Time, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, Town may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the Town’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, Town may deduct liquidated damages based on its estimate of when Contractor will achieve Final Completion or other Milestones. Town need not wait until Final Completion to withhold liquidated damages from Contractor.

Liquidated damages are not a penalty but an agreed estimate of the actual damages that would be sustained by the Town for delay, including but not limited to loss of revenue, inconvenience to the Town and the public, and increased Project administration expenses such as extra inspection, construction management, staff time, and architectural and engineering expenses. Liquidated

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damages do not include damages the Town incurs on account of claims by third parties against the Town on account of any delay.

Should money due or to become due to Contractor be insufficient to cover liquidated damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to Town.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include only the following documents, each of which is incorporated into this Contract for Construction by reference:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications dated November 2021
Standard Specifications (Excluding sections 1-9 in their entirety) Addenda
Plans prepared by Lee + Ro dated November 2021
Change Orders executed by Town
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of a conflict, the various Contract Documents will be given effect in the order set forth in Article 2.b of the General Conditions.

This Contract constitutes the full and complete agreement between the parties with regard to the Project and the Work, and supersedes any prior agreement of the parties, whether written or oral.

The Contract can be modified only by a written Change Order executed in accordance with the Contract Documents.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.

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ARTICLE 8. PREVAILING WAGES. Contractor shall pay not less than the prevailing rate of wages in accordance with the Labor Code, which rates have been determined by the Director of the California Department of Industrial Relations and shall be made available at the office of the Town Clerk or may be obtained online at http//www.dir.ca.gov/dlse.

If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall pay the higher of the state or federal prevailing wage rates.

The wage rates must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]

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35 28314.00015\32571473.3
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

TOWN OF APPLE VALLEY Canyon Spring Enterprises DBA
RSH Construction
By: By:

Kari Leon Thomas Uppena
Mayor President
ATTEST:

Ms. La Vonda M. Pearson, Town Clerk

APPROVED AS TO CONTENT:
___________________________
Douglas B. Robertson, Town Manager
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
__________________________
Thomas Rice, Town Attorney

END OF CONTRACT

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Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: SR18/Apple Valley Road Intersection Realignment Project – Construction Funding Agreement No. 18-1001926 Amendment no 1.

From: Douglas Robertson, Town Manager
Submitted by: Brad Miller, Town Engineer
Engineering Departmen
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council review and approve Funding Agreement No. 18-1001926 Amendment no. 1 between San Bernardino County Transportation Authority and Town of Apple Valley for the SR18/Apple Valley Road Intersection Realignment – Project 2020-

05. BACKGROUND
In March of 2019 the Town approved Funding Agreement No. 18-1001926 between San Bernardino County Transportation Authority and Town of Apple Valley and Cooperative Agreement No. 08-1684 between the State of California and the Town of Apple Valley.

Both agreement amounts were based on a cost estimate prepared at the same time that the Town applied for the SB1 grant in 2018. At that time, the total estimated amount for the project’s construction and construction management was $8,910,000.00. The Town’s share under Funding Agreement No. 18-1001926 was $4,900,500.00 (55% of the estimated total). This amount was funded by SB1 Local Partnership Program in the amount of $4,450,000.00, through Cooperative Agreement 08-1684, and by a combination of TIF and Local Measure I totaling $450,500.00.  SBCTA (45% under F.A. No. 18-1001926): $4,009,500.00
 TOAV (55% under F.A. No. 18-1001926):
 SB1 LPP (50% under C.A. No. 18-1684): $4,450,000.00
 Local Measure I &Traffic Impact Fees: $ 450,500.00
$4,900,500.00
Estimated total construction cost: $8,910,000.00

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In May of 2020, Town Council authorized project construction to be advertised and construction was awarded in July of 2020. At that time the total contract amounts was higher than what had been estimated two years earlier by $950,000.00. The total construction cost is split in the following manner:
 SBCTA (45% under F.A. No. 18-1001926): $4,437,000.00
 TOAV (55% under F.A. No. 18-1001926):
 SB1 LPP (50% under C.A. No. 18-1684): $4,450,000.00
 Local Measure I &Traffic Impact Fees: $ 973,000.00
$4,900,500.00
Current total construction cost: $9,860,000.00
Since the SB1LPP grant amount is fixed, the Town’s share increased by $522,500.00 (from $450,500.00 to $973,000.00) and SBCTA’s increased by $427,500.00 (from $4,009,500.00 to $4,437,000.00).

ANALYSIS
Engineering Department staff has verified that Amendment no. 1 is accurate and in compliance with the original Funding Agreement No. 18-1001926 between San Bernardino County Transportation Authority and Town of Apple Valley.

FISCAL IMPACT
Funding for this project was shown in the Town Council approved 2020-2021 and 2021- 2022 Capital Improvements Projects Budget. The additional Town share of $522,500 will be covered by a 50-50 combination of Local Measure I and Traffic Impact Fees to be allocated through a budget amendment.

ATTACHMENTS
A. Vicinity Map.

B. Amendment No. 1 to project Funding Agreement No. 18-1001926 for STATE ROUTE 18 and APPLE VALLEY ROAD Reconstruction Project (Town of Apple Valley).

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Attachment A
Vicinity Map

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Attachment B
Amendment No. 1 to project Funding Agreement No. 18-1001926 for STATE ROUTE 18 and APPLE VALLEY ROAD Reconstruction Project
(Town of Apple Valley)

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18-1001926-01 Page 1 of 4
AMENDMENT NO. 1 TO PROJECT FUNDING AGREEMENT NO. 18-1001926 FOR
STATE ROUTE 18 AND APPLE VALLEY ROAD RECONSTRUCTION PROJECT (TOWN OF APPLE VALLEY)
THIS AMENDMENT NO. 1 to PROJECT FUNDING AGREEMENT 18-1001926 (AGREEMENT) is made and entered into by and between the TOWN OF APPLE VALLEY (“TOWN”) and the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (“SBCTA”). SBCTA and TOWN are each a “Party” and collectively “Parties”.

RECITALS
A. The Measure I 2010-2040 Expenditure Plan and the Victor Valley Subarea transportation planning partners have identified projects eligible for partial funding from Measure I 2010-2040 Victor Valley Subarea Major Local Highway Projects Program (“MLHP”) funds; and B. The State Route 18 and Apple Valley Road Reconstruction Project (“PROJECT”) is one of the projects identified as eligible for such funding and is described more fully in Attachment A; and C. The Parties entered into the AGREEMENT on or about April 3, 2019, to fund the PROJECT; and
D. The cost to complete construction is higher than originally estimated, resulting in an increase to the PROJECT cost; and
E. TOWN is requesting an increase to the total PROJECT cost and an additional allocation for the 45% Public Share of PROJECT cost of $427,500 (from $4,009,500 to $4,437,000) as well to update Attachment B, Summary of Estimated Costs.

NOW, THEREFORE, the Parties agree to amend the AGREEMENT as follows:

1. Paragraphs 1 and 2 of Section I, are deleted in their entirety and replaced with the following:
“1. To reimburse TOWN for the actual cost of the PROJECT WORK up to a maximum of $4,437,000 in MLHP funds. An estimate of costs for the PROJECT is provided in Attachment B. SBCTA shall have no further responsibilities to provide any funding for PROJECT WORK exceeding this amount unless an amendment to this AGREEMENT is approved by the Parties.”
“2. To reimburse TOWN within thirty (30) days after TOWN submits an electronic copy of the signed invoices in the proper form covering those actual allowable PROJECT

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18-1001926-01 Page 2 of 4
WORK expenditures that were incurred by TOWN up to a maximum of $4,437,000, consistent with the invoicing requirements of the Measure I 2010-2040 Strategic Plan, including backup information. Invoices may be submitted to SBCTA as frequently as monthly.”

2. Section II, Paragraph 2 is deleted in its entirety and replaced with the following:
“2. To be responsible for expending that portion of allocated MLHP funds on eligible PROJECT WORK expenses for an amount not to exceed $4,437,000 in MLHP funds unless this AGREEMENT is amended and approved increasing PROJECT WORK costs. Reimbursement by SBCTA shall be in accordance with Section I, Paragraph

2. Additionally, expenses relative to time spent on the PROJECT WORK by TOWN staff are considered eligible PROJECT expenses and may be charged to the PROJECT, subject to SBCTA’s guidelines.”

3. Attachment B is replaced in its entirety with a revised Summary of Estimated Costs attached to this AMEMENDMENT NO. 1 as Attachment B.

4. Except as amended by this AMENDMENT NO. 1, all other provisions of the AGREEMENT shall remain in full force and effect and are incorporated herein by this reference.

5. The Recitals set forth above are incorporated herein by this reference.

6. This AMENDMENT NO. 1 is effective upon execution by SBCTA. ----SIGNATURES ON FOLLOWING PAGE----

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18-1001926-01 Page 3 of 4
IN WITNESS WHEREOF, the Parties have executed this AMENDMENT NO. 1 by their authorized signatories below.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY TOWN OF APPLE VALLEY
By: ________________________ By: ________________________ Curt Hagman, President Kari Leon
Board of Directors Mayor
Date: ________________________ Date:________________________

APPROVED AS TO FORM AND APPROVED AS TO FORM AND
PROCEDURE: PROCEDURE:

By: ________________________ By: ______________________ Julianna K. Tillquist Thomas Rice
SBCTA General Counsel Town Attorney
Date: ________________________

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18-1001926-01 Page 4 of 4

ATTACHMENT B
STATE ROUTE 18 AND APPLE VALLEY ROAD RECONSTRUCTION PROJECT Summary of Estimated Costs
*SBCTA’s share can be from sources under control of SBCTA including, but not limited to, Measure I Major Local Highways Program (MLHP), State Transportation Improvement Program (STIP), Surface Transportation Program (STP), or other funds without necessitating an amendment of this AGREEMENT.
**TOWN’s development share is to be funded by awarded SB1 Local Partnership Program Grant as well as collected traffic impact fees.

Component Total
Cost
SBCTA
Share*
45%
TOWN
Share**
55%
Construction $9,860,000 $4,437,000 $5,423,000

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Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: AWARD BEAR VALLEY ROAD WIDENING FROM CENTRAL ROAD

TO QUINNAULT ROAD
From: Douglas Robertson, Town Manager
Submitted by: Brad Miller, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a contract to Miller Equipment Company, Inc. for the Bear Valley Road Widening from Central Road to Quinnault Road Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;

BACKGROUND
In its current configuration, Bear Valley Road, east of Central road, has a single travel lane in both directions. On the westerly side of Central, Bear Valley transitions to a single travel lane east of Quinnault Road. A design to construct a private development on the northeast corner of Central and Bear Valley has been approved with the intent of beginning construction in early 2022. A condition of approval for the development is to widen Bear Valley (adjacent to the parcel) to full width. To accommodate the smooth flow of traffic, the Town will widen the westbound lane of Bear Valley from Central Road to Quinnault Road. Upon completion, there will be a minimum of two travel lanes of westbound traffic from Central Road to the westerly Town limit.

On February 10, 2022, the Town received and opened bids for the subject project. The bid results are as follows:

Contractor Base Bid Price

1. Miller Equipment Company, Inc. $437,634.00

2. Calmex Engineering, Inc. $438,980.00

3. All American Asphalt, Inc. $561,203.00

4. Onyx Paving Company, Inc. $627,000.00

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ANALYSIS
The bid documents were reviewed by staff for accuracy and completeness. Staff considers Miller Equipment Company, Inc. to be a qualified, responsible and responsive bidder.

FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2021-2022 budget using account 2021-5210-9561-0000.

ATTACHMENTS
A. Project Location
B. Contract for Construction

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PROJECT LOCATION

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SECTION 400 - CONTRACT FOR CONSTRUCTION
THIS CONTRACT is made this 22nd day of February, 2022, in San Bernardino County, State of California, by and between the Town of Apple Valley, hereinafter called Town, and Miller Equipment Company, Inc., hereinafter called Contractor. Town and Contractor agree, for valuable consideration, as follows:

Bear Valley Road Widening from Central Road to Quinnault Road The Contractor and its surety shall be liable to the Town for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. CONTRACT TIME. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Town’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 Working Days from the commencement date stated in the Notice to Proceed, hereafter the Contract Time. By its signature hereunder, Contractor agrees the Contract Time is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The Town shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Hundred Thirty-Seven Thousand Six Hundred Thirty-Four Dollars ($437,634.00), hereinafter, the Contract Price. Payment shall be made as set forth in the General Conditions.

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damages do not include damages the Town incurs on account of claims by third parties against the Town on account of any delay.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include only the following documents, each of which is incorporated into this Contract for Construction by reference:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Standard Specifications (Excluding sections 1-8 in their entirety) Addenda
Plans prepared by David Evans & Associates
Change Orders executed by Town
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

This Contract constitutes the full and complete agreement between the parties with regard to the Project and the Work, and supersedes any prior agreement of the parties, whether written or oral.

The Contract can be modified only by a written Change Order executed in accordance with the Contract Documents.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.

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ARTICLE 8. PREVAILING WAGES. Contractor shall pay not less than the prevailing rate of wages in accordance with the Labor Code, which rates have been determined by the Director of the California Department of Industrial Relations and shall be made available at the office of the Town Clerk or may be obtained online at http//www.dir.ca.gov/dlse.

The wage rates must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

TOWN OF APPLE VALLEY Miller Equipment Company, Inc.

By: By:

Kari Leon John A. Baron
Mayor Vice President
ATTEST:

Ms. La Vonda M. Pearson, Town Clerk

APPROVED AS TO CONTENT:
___________________________
Douglas B. Robertson, Town Manager
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
__________________________
Thomas Rice, Town Attorney

END OF CONTRACT

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Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: PROCLAMATION PROCLAIMING FEBRUARY 2022 AS “BLACK HISTORY MONTH” IN THE TOWN OF APPLE VALLEY
From: Douglas Robertson, Town Manager
Submitted by: La Vonda M-Pearson, Director of Government Services/ Town Clerk
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council proclaim February 2022 as “Black History Month” in the Town of Apple Valley.

BACKGROUND
In 1924, a celebration that eventually was renamed “Negro Achievement Week” began and the outreach was significant, but the desire for a greater impact also persisted. By February 1926, historian Dr. Carter G. Woodson and other prominent African American figures, inspiring for greater achievements had rebranded the event to be known as “Negro History Week.”
Dr. Woodson chose February for reasons of continuing what was already familiar to many. Since 1865, Black communities had celebrated fallen President Abraham Lincoln’s birthday and then by the late 1890s former slave and prominent abolitionist activist, Frederick Douglass’ birthday, both occurring in February. This showed his true effort to extend the study of black history, not create a new tradition. Finally, in 1976, this celebration was expanded to include the entire month of February, and today Black History Month garners support throughout the country as people of all ethnic and social backgrounds discuss the African American culture.

This year’s theme, "Unity in the Community” chosen each year by the Association for the Study of African American Life and History, offers a reminder to the importance of caring for both ourselves and the greater communities’ mental and physical health and wellness.

The Town of Apple Valley recognizes and pays tribute to those that have helped carry on

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the achievements and sacrifices of African American men and women who continue to contribute to the advancements of human civilization, life, and liberty.

FISCAL IMPACT
N/A

ATTACHMENTS
Proclamation – Black History Month

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PROCLAMATION
Celebrating “Black History Month”
WHEREAS, in 1924, a celebration renamed the “Negro Achievement Week” began and the outreach was significant, but the desire for a greater impact persisted. “We are going back to that beautiful history, and it is going to inspire us to greater achievements.” By February 1926, this statement of historian Dr. Carter G. Woodson along with the ideas of other prominent African American figures, would then become known as “Negro History Week.” WHEREAS, Dr. Woodson chose February for reasons of continuing what was already familiar to many. Since 1865, Black communities had celebrated the late President Abraham Lincoln’s birthday and later in the 1890s, the birthday of former slave and prominent abolitionist activist, Frederick Douglass’, both occurring in February. This showed his sincere effort to extend the study of Black history, not create a new tradition. Finally, in 1976, this celebration was expanded to include the entire month of February, and today Black History Month garners support throughout the country as people of all ethnic and social backgrounds discuss the African American experience; and
WHEREAS, The Town of Apple Valley takes pride in its African American population recognizing the contributions of their heritage throughout our nation’s history producing examples of both subtle and forthright threads woven deeply into the fabric that is the United States of America; and
WHEREAS, The Town of Apple Valley encourages the preservation of our African American history and applauds the efforts of organizations such as No Drugs America Association, Inc and other African American establishments and non-profits supporting their efforts to maintain a positive influence on our community; and WHEREAS, The Town of Apple Valley recognizes and pays tribute to those that have helped continue the accomplishments and sacrifices of African American men and women who continue to contribute to the advancements of human civilization, life, and liberty; and WHEREAS, this year’s theme, "Unity in the Community” chosen each year by the Association for the Study of African American Life and History, founded in part by Dr. Woodson in 1915, offers a reminder of the importance of caring for both ourselves and the greater communities’ mental/physical health and wellness.

NOW THEREFORE, BE IT PROCLAIMED that the Town Council of the Town of Apple Valley, California, hereby declare the month of February 2022 as “Black History Month” in appreciation of the many achievements of the Apple Valley African American community and those across this nation. We are thankful for the contributions given recognizing and applauding the historical successes thereby contributing to a “Better Way of Life” for all citizens.

Dated this 22nd day of February 2022.
/s/ Kari Leon, Mayor

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Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY AMENDING THE CLASSIFICATION AND SALARY PLAN

FOR THE TOWN OF APPLE VALLEY
From: Douglas Robertson, Town Manager
Submitted by: Kristine Shoup, Human Resources Manager
Human Resources
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Approve resolution No. 2022 - 06, A Resolution of the Town Council of The Town of Apple Valley amending the current Classification and Salary Plan for the Town of Apple Valley.

BACKGROUND
The Human Resources Department recommends adding the Public Information Officer (salary range 71: $7,745 to $10,944) classification back to the published classification and salary plan due to a recent reorganization of duties within the Public Information Department.

FISCAL IMPACT
There is no cost associated with the recommended addition to the classification and salary plan. All positions will be subject to budget approval before being filled.

ATTACHMENTS
A. Resolution 2022-06
B. Public Information Officer Job Description
C. Updated Classification and Salary Plan

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Resolution 2022-06
RESOLUTION NO. 2022 – 06

A RESOLUTION OF THE TOWN COUNCIL OF THE

TOWN OF APPLE VALLEY AMENDING THE

CLASSIFICATION PLAN FOR THE TOWN OF APPLE
VALLEY
WHEREAS, the Town Council of the Town of Apple Valley has established classification plan for the Town of Apple Valley employees; and WHEREAS, the Town Council of the Town of Apple Valley wishes to modify the classification plan for the Town of Apple Valley employees; and NOW, THEREFORE, BE IT RESOLVED THAT:

1. Create new job classification in accordance with Attachment B.

2. Revised salary and classification plan is hereby adopted in accordance with Attachment C.

3. All resolutions, parts of resolutions in conflict herewith are hereby amended to be consistent herewith.

Unless otherwise noted, the effective date of this Resolution shall be February 22, 2022.

APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 22nd day of February 2022.
_____________________________________
Mayor
ATTEST:
______________________________
Town Clerk

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Resolution No. Town of Apple Valley Page 1 of 3
FLSA: Exempt*

Public Information Officer

SUMMARY
The position of Public Information Officer is an appointed position by the Town Manager. The individual in this position works receives all direction and supervision from the Town Manager.

The Public Information Officer shall be responsible for providing staff assistance by communicating between municipal government and the community in assuring that public expectations are met with regard to services and programs provided by the Town.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Town Manager. Exercises direction and supervision over professional, technical, and clerical staff.

ESSENTIAL FUNCTIONS -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This list is ILLUSTRATIVE ONLY and is not a comprehensive listing of all functions and duties performed by incumbents of this class. Employees are required to be in attendance and prepared to begin work at their assigned work location on the specified days and hours. Factors such as regular attendance at the job are not routinely listed in job descriptions but are an essential function. Management reserves the right to add, modify, change or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job. Essential duties and responsibilities may include, but are not limited to, the following:
• Develops, maintains and monitors an effective community relations program. • Facilitates the development of strategies for addressing issues. • Develops effective public relations through the use of photo, social media and video content.
• Implements branding and marketing plan for the town; creates marketing material distribution strategies.
• Presents solutions to problems before citizens or public groups. • Develops information for news media to keep citizens informed on Town programs and community projects.
• Investigates complaints and attempts to resolve conflicts and improve understanding through instruction and education.
• Provides periodic reports relative to the efficiency and effectiveness of community relations programs and maintaining such records.
• Assists in determining the best method to disseminate information. • Conducts polls and surveys periodically to determine attitudes of citizens on a variety of subjects.
• Conducts programs of media relations on behalf of the Town. • Advises employees on community relations and conduct with the media. • Develops and coordinates various Town and employee newsletters and publications. • Develops and distributes routine media information releases and public service announcements.

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Resolution No. Town of Apple Valley Page 2 of 3
• Prepares special mailings concerning critical issues. • Serves as liaison with other broad based community organizations and public agencies to coordinate public information gathering and distribution. • Participates on various committees and task forces as assigned. • Preparation of speeches for the Mayor and Town Council. • Serves as the public information officer during emergency operations. • Attends meetings.
• Performs other duties as assigned.

MINIMUM QUALIFICATIONS
Education, Training, and Experience Guidelines
An equivalent combination of training and experience that would provide the required knowledge, skills and abilities may be considered. A typical way to obtain the required qualifications would be:

Graduation from an accredited college or university with a Bachelor’s Degree in journalism, communications, OR a related field with course work in public administration, business administration or political science; and two (2) years of progressively responsible public relations experience.

LICENSE AND CERTIFICATION REQUIREMENTS
• Valid California class C driver’s license with satisfactory driving record and automobile insurance.

Knowledge of:
• Local government administration.
• Principles and practices of public administration.
• Research techniques, sources of information, and methods of report presentation. • Methods of planning, coordinating, and implementing an effective public information/relations program.
• Methods and techniques used in planning press conferences. • Techniques in developing and producing audio-visual presentations. • Styles and techniques in speech writing, advertising, copy writing and media communications. • Methods and techniques for evaluating the effectiveness of programs and public information/relation
• activities.
• Writing, composition, layout and production of information packages and program materials.

Ability to:
• Use initiative, discretion, and judgment within established procedures guidelines and rules. • Define problems, establishing facts, and drawing valid conclusions. • Maintain accurate information in alphabetical, chronological, and numerical order. • Manage situations requiring diplomacy, fairness, firmness, and sound judgment. • Interpret and apply information from technical manuals. • Use advanced functions of document imaging programs.
• Provide efficient customer service.
• Communicate effectively, both verbally and in writing. • Operate a personal computer and various software applications. • Use independent judgment, discretion, and maintaining confidentiality.

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Resolution No. Town of Apple Valley Page 3 of 3
• Organize and complete detailed assignments or projects within strict time constraints and with minimal direction.
• Evaluate and apply government regulations to program planning. • Maintain confidentiality of sensitive information.
• Promote quality customer service.
• Coordinate public information and education programs with other jurisdictions. • Coordinate the activities of audio-visual specialists, graphic artists, or other specialists in preparing public information medium.
• Recognize problems and developing effective solutions. • Acts independently in converting complex technical information into a meaningful and applicable format for the targeted audience.
• Evaluate the results of programs and projects and recommend alternate measures to ensure effectiveness.
• Speaks effectively, leading conferences and discussion groups. • Maintain productive relationships between the news media and the represented organizations.
• Write Requests for Proposals to secure funding for specialized programs. • Compose news releases and featured articles.
• Develops brochures and pamphlets.
• Effectively prepares and presents written and oral presentations. • Establish and maintain cooperative working relationships with the City Council, City Manager, department heads, managers, supervisors, employees, legal offices, process external private and public agencies and the general public.

PHYSICAL DEMANDS AND WORKING ENVIRONMENT
Work is performed in an office environment. May be exposed to extreme temperatures and dusty conditions. Incumbent shall be exposed to those conditions normally encountered in a business office environment. Physical demands are light, consisting primarily of sitting, standing, and walking, and carrying moderately heavy boxes up to 50 pounds, and/or utilizing a hand dolly.

Incumbent must be able to see and hear in the normal range, with or without correction, and communicate verbally and in written form with great facility and must be able to be understood.

Incumbent must have the stamina to work long hours and overtime, if assigned, and must be willing to work an irregular schedule, which may include weekends, holidays, evenings, and/or varying shifts.
*FLSA designations cannot be assigned to a class. An employer must show that each employee meets every requirement of the claimed exemption. The FLSA designation listed above is for general administrative guidelines.

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ATTACHMENT C

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Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: SECOND PUBLIC HEARING FOR REDISTRICTING;

CONSIDERATION OF ORDINANCE TO ALLOW MAPS TO BE
ADOPTED BY RESOLUTION; AND CONSIDERATION OF

ORDINANCE TO ESTABLISH SEPARATELY ELECTED MAYOR AND

TO ALLOW MAPS TO BE ADOPTED BY RESOLUTION

From: Douglas Robertson, Town Manager
Submitted by: Thomas A. Rice, Town Attorney
La Vonda M-Pearson, Director of Government Services
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. Receive a report from staff and the Town’s redistricting consultant on the redistricting process and permissible criteria to be considered to redraw district boundaries; and
B. Receive input from the public on the appropriate criteria for redistricting; and C. Consider and adopt either:

1. ORDINANCE NO. 549(A) – AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING SECTION 2.04.140 AND ADDING SECTION 2.04.150 TO CHAPTER 2.04 OF TITLE 2 OF THE TOWN OF

APPLE VALLEY MUNICIPAL CODE TRANSITIONING TO BY-DISTRICT

ELECTIONS FOR FOUR COUNCILMEMBERS AND AN AT-LARGE MAYOR AND ALLOWING MAPS TO BE ADOPTED BY RESOLUTION; or

2. ORDINANCE NO. 549(B) – AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING SECTION 2.04.140 OF TITLE 2

OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE ALLOWING MAPS TO BE ADOPTED BY RESOLUTION.

Note: The adoption of Ordinance No. 549(B) would retain the current five district system. Council may also chose to adopt neither ordinance; and

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D. Provide direction to the Town’s redistricting consultant relating to the drawing of new district maps.

BACKGROUND:

In 2019, in response to a threat of litigation under the California Voting Rights Act and like many jurisdictions throughout the state, the Town transitioned from an at-large to a bydistrict election system. The Town did so after a lengthy public outreach process, which included holding five public hearings and a workshop. The Town is presently divided into five districts, which were based on the following factors:
 Geography
o Use major roadways as dividing lines
o Consider future growth areas
 Communities of Interest
o Attempt to keep distinct communities together
o Attempt to place some commercial property in every district o Attempt to place some parks or open space in every district o Attempt to split the North Apple Valley Industrial Specific Plan (NAVISP) so a single council member is not responsible for the entire area  Cohesiveness, Contiguity, Integrity, and Compactness of Territory o Accept that it will be natural for their to be a wide variation in district size due to lack of density in various parts of Town
o Do not prioritize trying to make districts the same size in area terms In November 2020, the Town held its first by-district elections. Districts 1 and 2 were the subject of the election. Incumbent candidates were not challenged during the election and were, therefore, reelected automatically.

On January 11, 2022, the Town Attorney provided an update on the redistricting process.

At that meeting, the Town Council requested the Town Attorney provide the Town Council with an opportunity to consider a transition to a “4+1” system with an at large Mayor. On January 24, 2022, the Town entered into a contract with National Demographics Corporation (NDC) to perform redistricting services, including the drawing of maps.

On February 8, 2022, the Town Council held its first redistricting hearing and received a presentation from NDC on the appropriate criteria for consideration. The Town Council discussed and deliberated on a proposed ordinance to transition to a “4+1” system with an at large Mayor. At the conclusion of the hearing, the Town Council chose to introduce two ordinances in order to facilitate further public input on the possible transition. One ordinance would leave the Town Council with five districts; the other would transition to a “4+1” system with an at large Mayor. Both ordinances would permit the Town Council to adopt new maps by resolution.

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DISCUSSION:

Redistricting
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed.

This process, called redistricting, ensures all districts have a nearly equal population. The redistricting process for the Town of Apple Valley must be completed by April 17, 2022.

The Town’s districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020. Under the Act, the Town Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):

1. Comply with the federal requirements of equal population and the Voting Rights Act;

2. Be geographically contiguous;

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together);

4. Display easily identifiable boundaries;

5. Be compact (do not bypass one group of people to get to a more distant group of people); and

6. Shall not favor or discriminate against a political party.

Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Minimize the number of voters delayed from voting in 2022 to 2024;

2. Respect voters’ choices/continuity in office; and

3. Future population growth.

By law, the Town must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
 At least one hearing must occur before the agency draws draft maps;  At least two hearings must happen after the drawing of draft maps (the fourth hearing can happen either before or after the drawing of draft maps); and  Agency staff or consultants may hold a public workshop instead of one of the required public redistricting hearings.

To increase the accessibility of these hearings, the Town must take the following steps:
 At least one hearing must occur on a Saturday, Sunday, or after 6:00 p.m. on a weekday;
 If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing must be begin at a pre-designated time; and  Local public redistricting hearings must be made accessible with people with disabilities.

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The Town has set the following schedule for the redistricting process and this is the second step in the process:

February 8, 2022 First Public Hearing - Hearing begins at 7:30 p.m.

February 22, 2022 Second Public Hearing – Hearing begins at 7:30 p.m.

March 1, 2022 Draft Maps Released; Mapping Tool Released to Public
March 8, 2022 Third Public Hearing - Consideration and input on proposed draft maps
March 15, 2022 New Maps released - if any
March 22, 2022 Fourth Public Hearing and Adoption of Map The purpose of this public hearing is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries. In addition to hearing from the public, this is an opportunity for the Town Council to provide NDC with direction on the draft maps. The Council and public are requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps. A community of interest under the relevant Elections Code for the Town (Section 21621(c)) is, “a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.” Possible features defining community of interest might include, but are not limited to:

1. School attendance areas;

2. Natural dividing lines such as major roads, hills, or highways;

3. Areas around parks and other neighborhood landmarks;

4. Common issues, neighborhood activities, or legislative/election concerns; and

5. Shared demographic characteristics, such as:
• Similar levels of income, education, or linguistic isolation; • Languages spoken at home; and
• Single-family and multi-family housing unit areas.

The Town’s consultant will again provide analysis of the Town’s current district boundaries, adjusted for the 2020 Census data, and will address the population balance among districts. Determining population balance is done by measuring the spread, or deviation, between the least populated district and the greatest populated district.

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Deviations of 10% or less are generally considered acceptable under U.S. Supreme Court rulings on the equal population standard under the U.S. Constitution. Because the Town’s districts are no longer population balanced, at a minimum, the district boundaries must be adjusted to achieve a population balance with less than a 10% deviation.

Another consideration is the distribution of minority voters throughout the Town, and whether there is a possibility of creating a majority/minority voting district as addressed in the federal Voting Rights Act. This analysis involves reviewing the ethnicity demographics from the census data, specifically citizens of voting age populations (CVAP). Upon review of the City’s CVAP data, creation of a majority/minority voting district (a district in which an identified minority comprises the majority of voting age population) may not be possible. Further analysis of this data will occur when draft maps are proposed. A complete demographic breakdown of the existing districts is attached to this report.

Proposed Ordinances
As noted above, at its January 11 meeting, the Town Council asked to explore the possibility of transitioning to a “4+1” system with a directly elected Mayor. The Town Attorney’s Office prepared a draft ordinance that would achieve this goal. In order to ensure the Town can achieve the April deadline for redistricting, and to reduce future bureaucracy, the ordinance also permitted the adoption of district maps by resolution. At its February 8 meeting, discussed and deliberated the proposed ordinance. At the conclusion of the hearing, the Town Council chose to introduce two ordinances in order to facilitate further public input on the possible transition. One ordinance would leave the Town Council with five districts (Ordinance No. 549(B)); the other would transition to a “4+1” system with an at large Mayor (Ordinance No. 549(A)). Both ordinances would permit the Town Council to adopt new maps by resolution.

Traditionally, cities wishing to transition to a directly elected Mayor would be required to submit the question to voters in accordance with Government Code section 34900 et seq.

However, in response to early challenges under the California Voting Rights Act (CVRA), the state legislature adopted SB 493, which added Section 34886 to the Government Code. This new law allows the legislative body of a city, e.g., the Town Council, to adopt an ordinance requiring members to be elected either wholly by district or by district with an elective mayor without submitting the question to voters. Such an ordinance must be adopted with a declaration that the change is being made in furtherance of the CVRA.

The election of an at large Mayor may be in furtherance of the CVRA for a number of possible reasons including, but not limited to: (1) the Town’s first elections without at large council seats were uncontested and, therefore, slightly increasing the size of districts might result in increased interest in running for office and therefore result in more democracy; (2) the Town’s last competitive elections were at large and, therefore, the adjustment to a “4+1” system will still result in greater minority voting power than at prior competitive elections of the Town; (3) it is possible to draft new four-district maps which provide minority voters with very similar, and perhaps even greater, voting power to that under legally defensible five-district maps; and (4) the addition of an at-large mayoral component provides minority voters with an additional opportunity to coordinate with other voter segments to influence the outcome of an election (for example, in addition to coordination within a district with a higher minority population on a district election,

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minority voting groups may find greater success coordinating with another subset of voters from the Town at large in the election of an at large Mayor). Ordinance No. 549(A) includes the required declaration. In addition, Ordinance No. 549(A) would make the term of the at large Mayor two years rather than the Town’s traditional four-year term. Such a change would obviously increase the opportunity for all Town voters to influence elections more regularly. However, there may be a cost to stability as the composition of the Council could change every two years.

The Council may adopt either Ordinance No. 549(A) or Ordinance No. 549(B), or neither.

It may not adopt both ordinances as they conflict.

FISCAL IMPACT:

The redistricting process should cost the Town approximately $50,000 depending on the number of public meetings the consultant attends. However, the Town must incur this cost in order to comply with applicable law. The proposed ordinances involve relatively minimal staff time. However, if Ordinance No. 549(A) is adopted, staff may need to incur costs in reviewing the Town’s Code to ensure it is otherwise consistent with an at large Mayor in advance of the next election. In addition, long term, there may be an additional costs if the City Council chooses associated with the two-year term option for the Mayor’s position as this may result in an additional election cost every four years.

ATTACHMENTS:

1. Current District Map

2. Proposed ORDINANCE NO. 549(A) – AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING SECTION 2.04.140 AND ADDING SECTION 2.04.150 TO CHAPTER 2.04 OF TITLE 2 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE TRANSITIONING TO BYDISTRICT ELECTIONS FOR FOUR COUNCILMEMBERS AND AN AT-LARGE MAYOR AND ALLOWING MAPS TO BE ADOPTED BY RESOLUTION.

3. Proposed ORDINANCE NO. 549(B) – AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY AMENDING SECTION 2.04.140 OF TITLE 2 OF THE TOWN OF APPLE VALLEY MUNICIPAL CODE
ALLOWING MAPS TO BE ADOPTED BY RESOLUTION.

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2 4
3 5
1 15
15 Apple Valley Arprt
18 18
Bear Valley Cutoff
Apple Valley Rd
Falchion Rd
Rincon Rd
Kiowa Rd
Nisqually Rd
N
a
v
ajo
R
d
Thunderbird Rd
D
ale
E
v
a
ns P
kw
y
Otoe Rd
Johnson Rd
Tussing Ranch Rd
B
u
e
n
a
Vista
St
Ce
ntr
al Rd
Ramona Ave
Papago Rd
Lafayette St
Colusa Rd
National Demographics Corporation, June 3, 2019
Map layers
Districts
Water Area
Streets
Landmark Point
Pipeline/Power Line
Railroad
River
Voting District Map
Adopted July 23, 2019

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ORDINANCE NO. 549(A)

AN ORDINANCE OF THE TOWN COUNCIL OF THE

TOWN OF APPLE VALLEY AMENDING SECTION

2.04.140 AND ADDING SECTION 2.04.150 TO CHAPTER

2.04 OF TITLE 2 OF THE TOWN OF APPLE VALLEY

MUNICIPAL CODE TRANSITIONING TO BY-DISTRICT

ELECTIONS FOR FOUR COUNCILMEMBERS AND AN

AT-LARGE MAYOR AND ALLOWING MAPS TO BE

ADOPTED BY RESOLUTION
WHEREAS, the Town of Apple Valley currently elects five Councilmembers using by-district single-member districts; and
WHEREAS, California Government Code section 34886 permits the Town Council to change the Town’s method of election by ordinance, with certain formalities, to require the members of the legislative body to be elected by-districts with an elective mayor; and
WHEREAS, pursuant to California Government Code section 34886, it is declared that the purpose of this change in the method of electing Councilmembers is to further the purposes of the California Voting Rights Act of 2001, (California Elections Code section 14025 et. seq.) and implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution; and WHEREAS, the Town Council finds that transitioning to four single-member districts and an at-large mayor would further the purposes of the California Voting Rights Act of 2001 by increasing minority participation in Town elections and encouraging voter participation in electing an at-large mayor; and WHEREAS, this Ordinance would increase the rights of minority votes to elect candidates of their choice and increase their influence in the outcome of Town elections; and
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of Councilmembers by-district in four single-member districts and the election of a Mayor by an at-large election for a term of 2 years; and
WHEREAS, the Town Council wishes to permit the adoption of new maps as part of the redistricting process by resolution; and
WHEREAS, on February 8, 2022, the Town Council introduced, read by title, and waived further reading of this Ordinance.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY DOES ORDAIN AS FOLLOWS:

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SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. By-District Elections. Section 2.04.140 to Chapter 2.04 of Title 2 of the Town of Apple Valley Municipal Code is amended to read as follows:
“2.04.140 – By-District Elections of Councilmembers.

A. By-District Elections. Pursuant to California Government Code § 34886, members of the Town Council of the Town of Apple Valley shall be elected by-district in five four single-member districts..

1. Members of the Town Council shall be elected in the
electoral districts established by subdivision B of this Section and subsequently reapportioned as provided by State law.

Elections shall take place “by district” as that term is defined in California Government Code section 34871, meaning one Councilmember shall be elected from each district, by the voters of that district alone.

2. A Councilmember elected or appointed to represent a district must reside in that district and be a registered voter in that district, and any candidate for Town Council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued.

3. Termination of residency in a district by a Councilmember shall create a vacancy for that Town Council district unless a substitute residence within the district is immediately declared and established within thirty (30) days after the termination of residency.

4. Notwithstanding any other provision of this Section, the Councilmembers in office at the time this Section takes effect shall continue in office until the expiration of the term to which he or she was elected. In the event a vacancy
occurs before the expiration of the term of a Councilmember in office at the time this Section takes effect, a person who is appointed or elected by special election to fill such vacancy may reside anywhere within the corporate boundaries of the Town. A person appointed or elected to fill such a vacancy shall hold the office in accordance with the General Law and applicable provisions of the Town of Apple Valley Municipal Code.

B. Town Council Districts and District Elections. All five four Councilmembers shall be elected on a “by-district” basis from the Council districts shown and numbered on the map titled “Town of

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Apple Valley District Map” attached as Exhibit A, a copy of which shall be on file in the Town Clerk’s office. In 2020 2022, and every four years thereafter, the following two Town Council districts shall be elected by-district: District 3 and District 4. In 2022 2024, and every four years thereafter, the following three two Town Council districts shall be elected by-district: District 1; and District 2.

Pursuant to California Government Code § 34886, beginning with the election in 2022, the Mayor shall be voted on at-large and shall have a term of two years.” SECTION 4. CEQA. Based upon the whole of the administrative record before it, the Town Council hereby finds that a transition to four Councilmembers and an at-large Mayor is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3), 15320, and 15378(b)(3). Adoption of this Ordinance is an organizational and administrative activity of the Town, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the event adoption of this Ordinance does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, § 15320.) Further, none of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply. Staff is hereby directed to prepare, execute and file with the San Bernardino County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.

SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Town Council of the Town of Apple Valley hereby declares that it would have adopted this Ordinance and each section, sentence, clause

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or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 7. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under section 36933 of the Government Code of the State of California.

PASSED, APPROVED, AND ADOPTED by the Town Council of the Town of Apple Valley, California, at a regular meeting held on the ___ day of _______ 2022 by the following vote:
__________________________
Kari Leon
Mayor
ATTEST:
__________________________
La Vonda M-Pearson
Town Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT
__________________________ __________________________
Thomas A. Rice Douglas Robertson
Town Attorney Town manager

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ORDINANCE NO. 549(B)

AN ORDINANCE OF THE TOWN COUNCIL OF THE

TOWN OF APPLE VALLEY AMENDING SECTION

2.04.140 OF CHAPTER 2.04 OF TITLE 2 OF THE TOWN

OF APPLE VALLEY MUNICIPAL CODE ALLOWING

MAPS TO BE ADOPTED BY RESOLUTION
WHEREAS, the Town of Apple Valley currently elects five Councilmembers using by-district single-member districts; and
WHEREAS, the Town Council wishes to permit the adoption of new maps as part of the redistricting process by resolution; and
WHEREAS, on February 8, 2022, the Town Council introduced, read by title, and waived further reading of this Ordinance.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE
VALLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Subsection C of Section 2.04.140 of Chapter 2.04 of Title 2 of the Town of Apple Valley Municipal Code is amended to read as follows:
“2.04.140 – By-District Elections of Councilmembers.
. . .

C. Amendment of District Boundaries. Pursuant to Elections Code section 21601, as it may be amended from time to time, the Town Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law. The Town Council may adopt and amend such boundaries by Resolution and the Town Clerk shall cause a copy of such boundaries to be attached to this Municipal Code upon adoption.”
SECTION 3. CEQA. Based upon the whole of the administrative record before it, the Town Council hereby finds that permitting the adoption of redistricting maps by resolution is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3), 15320, and 15378(b)(3). Adoption of this Ordinance is an organizational and administrative activity of the Town, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the

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event adoption of this Ordinance does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organization of Local Governments) categorical exemption. (State CEQA Guidelines, § 15320.) Further, none of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply. Staff is hereby directed to prepare, execute and file with the San Bernardino County Clerk a CEQA Notice of Exemption within five (5) working days of the adoption of this Ordinance.

SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Town Council of the Town of Apple Valley hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 6. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under section 36933 of the Government Code of the State of California.

APPROVED, AND ADOPTED by the Town Council of the Town of Apple Valley, California, This ___ day of _______ 2022 by the following vote:
__________________________
Kari Leon
Mayor
ATTEST:
__________________________
La Vonda M-Pearson
Town Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT
__________________________ __________________________
Thomas A. Rice Douglas Robertson
Town Attorney Town Manager

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Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: INTRODUCE ORDINANCE NO. 550 - AN ORDINANCE OF THE TOWN

CODE TO CODIFY AND CONSOLIDATE VEHICLE PARKING

RESTRICTIONS ESTABLISHED VIA TOWN COUNCIL

RESOLUTIONS

From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Interim Director of Public Works Public Works
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. Find the proposed adoption of Ordinance No. 550 is not subject to and is exempt from CEQA based upon a finding that, under section 15061(b)(3) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.

B. Move to waive the reading of Ordinane No. 550 in its entirety and read by title only.

C. Move to introduce Ordinance No. 550 adding a new Chapter 12.37 to Title 12 of the Apple Valley Municipal Code and amending Section 12.38.020 of Chapter 12.38 of Title 12 of the Apple Valley Municipal Code to codify and consolidate vehicle parking restrictions established via Town Council Resolutions.

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and consolidate all of the vehicle parking restrictions included in the aforementioned resolutions, to codify an enforceable ordinance, in a more centralized location within the Town of Apple Valley Municipal Code in accordance with the California Vehicle Code § 22500(c) and 22507, to align Chapter 12.38 with the new parking regulations, and to enhance the quality of life and protect the health, safety, and welfare of its citizens.

BACKGROUND
Several times throughout its history, the Town Council has passed resolutions that identify specific parking restrictions and/or regulations in various locations throughout the Town.

The California Vehicle Code requires these “No Parking” restrictions be enacted pursuant to either a resolution or ordinance, thus providing Town and Sheriff Department personnel the authority to issue parking citations to any vehicle that violates such restriction where posted.

The purpose of this amendment is to consolidate and codify all of the resolutions into the newly created Chapter 12.37 within the Town of Apple Valley Municipal Code including the following.

Resolution No. 89-51;
Resolution No. 90-47;
Resolution No. 90-48;
Resolution No. 90-67;
Resolution No. 90-68;
Resolution No. 91-05;
Resolution No. 94-39;
Resolution No. 95-04;
Resolution No. 95-56;
Resolution No. 95-57;
Resolution No. 96-35;
Resolution No. 97-46;
Resolution No. 98-09;
Resolution No. 98-58;
Resolution No. 99-07;
Resolution No. 2001-10;

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Resolution No. 2001-16;
Resolution No. 2002-01;
Resolution No. 2003-49;
Resolution No. 2004-14; and
Resolution No. 2004-15
None of the proposed changes intends to alter the Town Council’s overarching intent of the Code itself or the resolutions contained herein.

FISCAL IMPACT
None

ATTACHMENTS
Ordinance No. 550

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Ordinance 550
ORDINANCE 550

ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
APPLE VALLEY ADDING A NEW CHAPTER 12.37 TO
TITLE 12 OF THE APPLE VALLEY MUNICIPAL CODE AND
AMENDING SECTION 12.38.020 OF CHAPTER 12.38 OF
TITLE 12 OF THE APPLE VALLEY MUNICIPAL CODE TO

CODIFY AND CONSOLIDATE VEHICLE PARKING

RESTRICTIONS ESTABLISHED VIA TOWN COUNCIL

RESOLUTIONS
WHEREAS, Vehicle Code section 22507 authorizes local authorities to, by ordinance or resolution, prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day; and
WHEREAS, on August 1, 1989, the Town Council adopted Resolution No. 89-51 to prohibit parking on the east side of Navajo Road just south of Powhatan Road; and WHEREAS, on September 11, 1990, the Town Council adopted Resolution No. 90-47 to establish commercial vehicle parking restrictions on all streets in the Spring Valley Lake Area bound by Bear Valley Road on the south, Mojave River on the west, Appaloosa Road on the north, and Reata Road, Sorrel Drive, and Yorkshire Drive on the east; and
WHEREAS, on September 11, 1990, the Town Council adopted Resolution No. 90-48 to prohibit parking on Headquarters Drive a length of 290 feet on the north and south curb lines in front of the Headquarters Fire Station; and WHEREAS, on November 13, 1990, the Town Council adopted Resolution No. 90- 67 to prohibit parking on Apple Valley Road a length of 100 feet on the east and west curb lines extending south from the curb return at Bear Valley Road and 20 feet from either side of the driveway entrances; and
WHEREAS, on November 13, 1990, the Town Council adopted Resolution No. 90- 68 to prohibit parking at 13643 Navajo Road on the southside of the driveway entrance for a length not to exceed 20 feet; and
WHEREAS, on January 8, 1991, the Town Council adopted Resolution No. 91-05 to prohibit parking at various bus stops specified therein; and WHEREAS, on May 24, 1994, the Town Council adopted Resolution No. 94-39 to prohibit parking on the north side of Bear Valley Road from Snapping Turtle Road to 150 feet west of Snapping Turtle Road; and
WHEREAS, on January 24, 1995, the Town Council adopted Resolution No. 95- 04 to prohibit parking on the west side of Navajo Road from Bear Valley Road to Laguna Road; and

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Ordinance 550
WHEREAS, on November 14, 1995, the Town Council adopted Resolution No. 95- 56 to prohibit stopping on the north side of Sandia Road from Pasco Road to Mohawk Road from 7:30 A.M. to 8:00 A.M. and from 2:00 P.M. to 2:30 P.M. on Monday through Friday; and
WHEREAS, on November 14, 1995, the Town Council adopted Resolution No. 95- 57 to prohibit stopping on the east side of Havasu Road from Cronese Lane to approximately 300 feet north of Cronese Lane from Havasu Road to approximately 300 feet east of Havasu Road from 8:30 A.M. to 9:00 A.M. and from 3:00 P.M. to 3:30 P.M. on Monday through Friday; and
WHEREAS, on July 23, 1996, the Town Council adopted Resolution No. 96-35 to prohibit parking on the east side of Navajo Road from Powhattan Road to 35 feet south of Powhattan Road; and
WHEREAS, on October 14, 1997, the Town Council adopted Resolution No. 97- 46 to prohibit parking on the south side of Outer Highway 18 South from the mobile home park entrance at 22325 Outer Highway 18 South to 218 feet west of said entrance; and WHEREAS, on February 24, 1998, the Town Council adopted Resolution No. 98- 09 to prohibit stopping on the west side of Mesquite Road from Nisqually Road to the north school boundary and along the south side of Nisqually Road from Mesquite Road to east school boundary from 7:30 A.M. to 8:15 A.M. and from 2:00 P.M. to 2:30 P.M. on Monday through Friday; and
WHEREAS, on November 10, 1998, the Town Council adopted Resolution No. 98- 58 to prohibit stopping on the south side of Thunderbird Road across from the Vista Campana Middle School from Wichita Road to 180 feet east of Wanaque Road from 7:00 A.M. to 5:00 P.M.; and
WHEREAS, on February 23, 1999, the Town Council adopted Resolution No. 99- 07 to prohibit parking on the east side of Palmero Road from Corwin Road to 700 feet north of Corwin Road; and
WHEREAS, on February 27, 2001, the Town Council adopted Resolution No. 2001-10 to prohibit parking on the east side of Kasota Road from Siskiyou Road to 100 feet of Siskiyou Road; and
WHEREAS, on March 27, 2001, the Town Council adopted Resolution No. 2001- 16 to prohibit stopping on the west side of Mesquite Road from Esaws Road to 500 feet north of Esaws Road from 6:30 A.M. to 2:30 P.M. on Monday through Friday; and WHEREAS, on January 8, 2002, the Town Council adopted Resolution No. 2002- 01 to prohibit parking on the east side of Quinnault Road from the Apple Valley Post Office’s south driveway to 230 feet north of the south driveway and from the north driveway to 10 feet south of the north driveway; and
WHEREAS, on October 14, 2003, the Town Council adopted Resolution No. 2003- 49 to prohibit stopping on the north and south sides of Yucca Loma Road from Havasu

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Ordinance 550
Road to Kasanka Road; and
WHEREAS, on March 23, 2004, the Town Council adopted Resolution No. 2004- 14 to prohibit stopping on the south side of Mana Road from the Lewis Center to 1,200 feet to the east from 2:00 P.M. to 4:00 P.M. on Monday through Friday; and WHEREAS, on March 23, 2004, the Town Council adopted Resolution No. 2004- 15 to prohibit stopping on both sides of Lookout Road between Mana Road and Branding Iron Road from 2:00 P.M. to 4:00 P.M. on Monday through Friday; and WHEREAS, San Bernardino County Code section 52.0117 as adopted by the Town of Apple Valley requires that a traffic engineering investigation be used to determine that a prohibition on stopping, standing, or parking is warranted; and WHEREAS, the Town conducted traffic engineering investigations that determined that the each of the aforementioned parking and stopping prohibitions is warranted in accordance with San Bernardino County Code section 52.0117; and WHEREAS, the Town Council intends to codify and consolidate all of the vehicle parking restrictions included in the aforementioned resolutions; and WHEREAS, the Town Council has determined that it is in the best interest of the Town to enact this Ordinance to enhance the quality of life and to protect the health, safety, and welfare of its citizens; and
WHEREAS, the Town Council has determined that it is in the best interest of its residents to provide a more centralized location to access vehicle parking restrictions in the Apple Valley Municipal Code.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE VALLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals set forth above are true and correct and are hereby adopted as finding in support of this Ordinance as if fully set forth herein.

SECTION 2. Repeal of Specified Resolutions. All of the following resolutions of the Town Council are hereby repealed in their entirety and superseded by this Ordinance:

A. Resolution No. 89-51;
B. Resolution No. 90-47;
C. Resolution No. 90-48;
D. Resolution No. 90-67;
E. Resolution No. 90-68;
F. Resolution No. 91-05;

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Ordinance 550
G. Resolution No. 94-39;
H. Resolution No. 95-04;
I. Resolution No. 95-56;
J. Resolution No. 95-57;
K. Resolution No. 96-35;
L. Resolution No. 97-46;
M. Resolution No. 98-09;
N. Resolution No. 98-58;
O. Resolution No. 99-07;
P. Resolution No. 2001-10;
Q. Resolution No. 2001-16;
R. Resolution No. 2002-01;
S. Resolution No. 2003-49;
T. Resolution No. 2004-14; and
U. Resolution No. 2004-15.

SECTION 3. Addition of AVMC Chapter 12.37. A new Chapter 12.37 is hereby added to Title 12 of the Apple Valley Municipal Code to read in its entirety as follows:
“Chapter 12.37 – GENERAL VEHICLE PARKING RESTRICTIONS

12.37.010 – No-parking zones.
(a) The operator of a vehicle, including, but not limited to a commercial vehicle subject to additional parking restrictions under Chapter 12.38, shall not park such vehicle at any time in any of the following places:
(1) On the east side of Navajo Road just south of Powhatan Road; (2) On Headquarters Drive a length of 290 feet on the north and south curb lines in front of the Headquarters Fire Station;
(3) On Apple Valley Road a length of 100 feet on the east and west curb lines extending south from the curb return at Bear Valley Road and 20 feet from either side of the driveway entrances;

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Ordinance 550
(4) At 13643 Navajo Road on the southside of the driveway entrance for a length not to exceed 20 feet;
(5) At any of the following Route 4 bus stops:
(i) Stop 1 – North Outer Highway 18 / Apple Valley Inn Road in front of Security Pacific Bank;
(ii) Stop 2 – North Outer Highway 18 / West of Tao Road; (iii) Stop 3 – North Outer Highway 18 / East of Tuscola Road; (iv) Stop 4 – South Outer Highway 18 / East of Apple Valley Road; (v) Stop 5 – South Outer Highway 18 at Lions Park;
(vi) Stop 6 – West side of Navajo Road / South of Highway 18; (vii) Stop 7 – Navajo Road / South of Ottawa Road; or
(viii) Stop 8 – South side of Yucca Loma Road at the Yucca Loma Elementary School;
(6) At any of the following Route 5 bus stops:
(i) Stop 1 – West side of Navajo Road / North of Bear Valley Road;
(ii) Stop 2 – West side of Navajo Road / South of Bear Valley Road across from Apple Valley High School;
(iii) Stop 3 – North Outer Bear Valley Road / West of Kiowa Road; or
(iv) Stop 4 – South Outer Highway 18 / East of Quinnault Road in front of the Apple Valley Post Office;
(7) On the north side of Bear Valley Road from Snapping Turtle Road to 150 feet west of Snapping Turtle Road;
(8) On the west side of Navajo Road from Bear Valley Road to Laguna Road;
(9) On the east side of Navajo Road from Powhattan Road to 35 feet south of Powhattan Road;
(10) On the south side of Outer Highway 18 South from the mobile home park entrance at 22325 Outer Highway 18 South to 218 feet west of said entrance;

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Ordinance 550
(11) On the east side of Palmero Road from Corwin Road to 700 feet north of Corwin Road;
(12) On the east side of Kasota Road from Siskiyou Road to 100 feet of Siskiyou Road; and
(13) On the east side of Quinnault Road from the Apple Valley Post Office’s south driveway to 230 feet north of the south driveway and from the north driveway to 10 feet south of the north driveway; (b) The Town Manager or his or her designee shall cause either curb markings to be painted or signs to be installed as may be necessary to carry out the provisions of this Section.

12.37.020 – No-stopping zones.
(a) The operator of a vehicle, including, but not limited to a commercial vehicle subject to additional parking restrictions under Chapter 12.38, shall not stop such vehicle at any time in any of the following places:
(1) On the north side of Sandia Road from Pasco Road to Mohawk Road from 7:30 A.M. to 8:00 A.M. and from 2:00 P.M. to 2:30 P.M. on Monday through Friday;
(2) On the east side of Havasu Road from Cronese Lane to approximately 300 feet north of Cronese Lane from Havasu Road to approximately 300 feet east of Havasu Road from 8:30 A.M. to 9:00 A.M. and from 3:00 P.M. to 3:30 P.M. on Monday through Friday; (3) On the west side of Mesquite Road from Nisqually Road to the north school boundary and along the south side of Nisqually Road from Mesquite Road to east school boundary from 7:30 A.M. to 8:15 A.M. and from 2:00 P.M. to 2:30 P.M. on Monday through Friday; (4) On the south side of Thunderbird Road across from the Vista Campana Middle School from Wichita Road to 180 feet east of Wanaque Road from 7:00 A.M. to 5:00 P.M.;
(5) On the west side of Mesquite Road from Esaws Road to 500 feet north of Esaws Road from 6:30 A.M. to 2:30 P.M. on Monday through Friday;
(6) On the north and south sides of Yucca Loma Road from Havasu Road to Kasanka Road;
(7) On the south side of Mana Road from the Lewis Center to 1,200 feet to the east from 2:00 P.M. to 4:00 P.M. on Monday through Friday; and

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Ordinance 550
(8) On both sides of Lookout Road between Mana Road and Branding Iron Road from 2:00 P.M. to 4:00 P.M. on Monday through Friday. (b) The Town Manager or his or her designee shall cause either curb markings to be painted or signs to be installed as may be necessary to carry out the provisions of this Section.

12.37.030 – Violation.

Each person, firm, or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by such person, and shall be punishable accordingly.

12.37.040 – Enforcement.

The provisions of this Chapter shall be enforced by the Town Manager or designee.” SECTION 4. Amendment of AVMC Section 12.38.020. Section 12.38.020 of Chapter 12.38 of Title 12 of the Apple Valley Municipal Code is hereby amended to read in its entirety as follows:
“Section 12.38.020 – Commercial vehicle parking prohibited. (a) No person shall park, or leave standing any commercial vehicle(s), including combination tractor and trailer(s), towed trailers, semi-trailers, or other towed equipment unless the actual loading or unloading of said vehicle is in progress, except:
(1) Commercial vehicle parking shall be permitted on approved truck routes for one hour or less, within 300 ft. of a commercial business.

Commercial vehicle must be legally parked entirely out of the traveled roadway. Commercial vehicle parking is prohibited on Outer Highway 18, Outer Bear Valley Road, Outer Central Road, and in any parking lot other than for purposes of loading, and unloading. (b) Parking of commercial vehicles is prohibited within the Town right-of-way. (c) Parking of commercial vehicles is prohibited in front of the residence or garage.
(d) Parking of commercial vehicles is prohibited in all residential zoning districts, except:
(1) In the Residential Agricultural (R-A) District with a minimum of 2½ acres, and if a permit is obtained, and applicable provisions of Sections 12.38.030 and 12.38.040 are complied with.

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(2) In the Residential Low Density (R-LD) District with a minimum of 2½ acres, and if a permit is obtained, and applicable provisions of Sections 12.38.030 and 12.38.040 are complied with.
(3) In the Residential Very Low Density (R-VLD) District with a minimum of 2½ acres, and if a permit is obtained, and applicable provisions of Sections 12.38.030 and 12.38.040 are complied with.
(4) And for holders of Commercial Vehicle Parking Permits existing on, or prior to June 22, 2001, and subject to the applicable conditions and exceptions in Section 12.38.030.
(e) Parking of commercial vehicles is prohibited in the required front yard setback or street side setback.
(f) Parking of commercial vehicles is prohibited on vacant lots. (g) Continuous operation in excess of 15 minutes of commercial vehicle engines, accessory generators, or compressors is prohibited in, or adjacent to residential zoning districts.
(h) Repair of commercial vehicles, other than adding oil, brake adjustments, or minor repair of electrical, belts, hoses, lights, or similar equipment, is prohibited in residential zoning districts. This Section does not remove the requirement to have a Commercial Vehicle Parking Permit. (i) Commercial vehicles carrying hazardous materials, substances, or wastes, as defined in the California Vehicle Code, are prohibited in, or adjacent to any residential zoning district.
(j) Unattached trailers, or semi-trailers are prohibited on any highway, street, alley, public way, or public place except in the process of being loaded, or unloaded. Disabled trailers, semi-trailers, or construction equipment, which requires disconnecting the trailer to perform the required service, shall be removed from the public right-of-way within 24 hours.
(k) Commercial vehicles are prohibited from being used as storage containers in any residential zoning district.
(l) In addition to the restrictions set forth in this Chapter, commercial vehicles shall be subject to any and all vehicle parking restrictions set forth in Chapter 12.37.
(m) Parking of commercial vehicles exceeding 10,000 pounds is prohibited at any time in all streets in the Spring Valley Lake Area bound by Bear Valley Road on the south, Mojave River on the west, Appaloosa Road on the north, and Reata Road, Sorrel Drive, and Yorkshire Drive on the east. The Town Manager or his or her designee shall cause either curb markings to be

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Ordinance 550
painted or signs to be installed as may be necessary to carry out the provisions of this Subsection.”
SECTION 5. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs. § 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. 14 Cal. Code Regs. § 15061(b)(3). The Planning Department staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Town Council of the Town of Apple Valley hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 8. Notice of Adoption. The Town Clerk of the Town of Apple Valley shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the Town in a manner permitted under section 36933 of the Government Code of the State of California.

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Ordinance 550
APPROVED and ADOPTED by the Town Council of the Town of Apple Valley this 8th day of March, 2022 by the following vote:

Kari Leon, Mayor
ATTEST:

La Vonda M-Pearson, Town Clerk
Approved as to form: Approved as to content:

Thomas A. Rice, Town Attorney Douglas B. Robertson, Town Manager

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Town Council Agenda Report
Date: February 22, 2022
To: Honorable Mayor and Town Council
Subject: INTRODUCE ORDINANCE NO. 551 - AN ORDINANCE OF THE TOWN

COUNCIL OF THE TOWN OF APPLE VALLEY, CALIFORNIA,
AMENDING CHAPTER 6.20 OF THE APPLE VALLEY MUNICIPAL

CODE RELATING TO SOLID WASTE, RECYCLABLES, AND
ORGANIC WASTE, AND AMENDING CHAPTER 8.19 RELATING TO

REQUIREMENT TO RECYCLE CONSTRUCTION AND DEMOLITION

DEBRIS FOR CERTAIN CONSTRUCTION, DEMOLITION, AND

RENOVATION PROJECTS WITHIN THE TOWN OF APPLE VALLEY

From: Douglas Robertson, Town Manager
Submitted by: Guy Eisenbrey, Interim Director of Public Works Code Enforcement
Budgeted Item: Yes No N/A

RECOMMENDED ACTION

1. Find the proposed adoption of Ordinance No. 551 is not subject to and is exempt from CEQA based upon a finding that, under section 15061(b)(3) of the CEQA Guidelines, it can be seen with certainty that there is no possibility that the proposed amendment may have a significant effect on the environment.

2. Move to waive the reading of Ordinance No. 551 in its entirety and read by title only.

3. Move to introduce Ordinance No. 551 amending Chapter 6.20 of the Apple Valley Municipal Code relating to solid waste, recyclables, and organic waste, and amending Chapter 8.19 relating to requirement to recycle construction and demolition debris for certain construction, demolition, and renovation projects.

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SUMMARY
It is necessary to review the language of the Town’s Municipal Code from time to time to ensure that it aligns with new State laws, the intent of Town Council’s goals and directives and best business practices, as determined by professional and expert staff. This amendment serves to amend Chapter 6.20 Solid Waste, Recyclables, and Organic Waste and amend Chapter 8.19 relating to the requirement to recycle construction and demolition debris for certain construction, demolition, and renovation projects within the Town of Apple Valley for the following reasons: Senate Bill 1383 (SB 1383) regulations took effect January 1, 2022, and require the Town to adopt an ordinance to enforce the SB1383 Regulations, and to enhance the quality of life and protect the health, safety, and welfare of its citizens.

BACKGROUND
As has been discussed in previous Town Council meetings, staff reports, and presentations given to Council and the public over the last few years, the Town of Apple Valley is required to comply with the provisions of SB 1383. Pursuant to the regulations contained therein and as a result of the review of the Town’s current Code, these amendments codify the requisite enforceable mechanisms that ensure the Town is compliant with California state law and meets its diversion, recovery, and procurement goals.

The amendments align the Town’s Municipal Code with CalRecycle’s published model ordinance and preserve the majority of the underlying, pre-existing solid waste code sections that are specific and unique to our Town. None of the proposed changes intends to alter the Town Council’s overarching intent of the Code itself.

FISCAL IMPACT
None

ATTACHMENTS
Ordinance No. 551

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Ordinance 551
ORDINANCE NO. 551

AN ORDINANCE OF THE TOWN OF APPLE VALLEY,
CALIFORNIA, AMENDING CHAPTER 6.20 OF THE TOWN OF

APPLE VALLEY MUNICIPAL CODE RELATING TO SOLID

WASTE, RECYCLABLES, AND ORGANIC WASTE, AND
AMENDING CHAPTER 8.19 RELATING TO REQUIREMENT TO

RECYCLE CONSTRUCTION AND DEMOLITION DEBRIS FOR

CERTAIN CONSTRUCTION, DEMOLITION, AND RENOVATION

PROJECTS WITHIN THE TOWN OF APPLE VALLEY
WHEREAS, State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their local jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, State recycling law, Assembly Bill 341 of 2011, places requirements on businesses and multi-family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires local jurisdictions to implement a mandatory commercial recycling program; and WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014, requires businesses and multi-family property owners that generate a specified threshold amount of solid waste, recyclable materials, and organic waste per week to arrange for recycling services for that waste, requires local jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires local jurisdictions to implement a mandatory commercial organics recycling program; and WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery (“CalRecycle”) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and
WHEREAS, SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away; and WHEREAS, CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (“SB 1383 Regulations”); and
WHEREAS, the SB 1383 Regulations took effect January 1, 2022, and require the Town of Apple Valley (the “Town”) to adopt an ordinance to enforce the SB 1383 Regulations; and
WHEREAS, the Town Council desires to amend its current Solid Waste

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Regulations Ordinance within Chapter 6.20 of the Apple Valley Municipal Code to comply with the SB 1383 Regulations; and
WHEREAS, the Town Council desires to amend Chapter 8.19 of the Apple Valley Municipal Code to update requirements related to the recycling of construction and demolition debris.

NOW, THEREFORE, the Town Council of the Town of Apple Valley does ordain as follows:

Section 1. Chapter 6.20 is hereby amended in its entirety as set forth in Exhibit A, attached hereto and incorporated by this reference.

Section 2. Chapter 8.19 is hereby amended in its entirety as set forth in Exhibit B, attached hereto and incorporated by this reference.

Section 3. Environmental review is not required because adoption of the Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378(b)(5) (organization or administrative activities of governments not a project).

Section 4. If any section, subsection, clause, or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The Town Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.

Section 5. No less than five (5) days prior to the adoption of this Ordinance, the Town Clerk published a summary of this Ordinance in accordance with Government Code section 36933. The Town Clerk will certify to the passage of this Ordinance by the Town Council of the Town of Apple Valley, California, and cause a summary to be published once within fifteen (15) days after its passage in a newspaper of general circulation, printed, published, and circulated in the Town in accordance with Government Code section 36933.

Section 6. This Ordinance shall take effect and be in full force thirty (30) days after its adoption.

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INTRODUCED on the 22nd day of February, 2022, and PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Apple Valley on this 8 th day of March, 2022, by the following vote:

Kari Leon, Mayor
ATTEST:
______________________________
La Vonda M-Pearson, Town Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
______________________________ ________________________________ Thomas Rice, Town Attorney Douglas B. Robertson, Town Manager

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EXHIBIT A
Chapter 6.20

SOLID WASTE, RECYCLABLES, AND ORGANIC WASTE

6.20.010 - Definitions.

6.20.020 - Declaration of Policy.

6.20.030 - Mandatory Participation.

6.20.040 - Solid Waste, Recyclables, and Organics Collection, Processing, and Disposal; To Be Provided For and Supervised By the Town.

6.20.050 - Insurance Required.

6.20.060 - Surety Bond Required.

6.20.070 - Contractor to Indemnify and Hold Harmless the Town.

6.20.080 - Worker's Compensation Insurance.

6.20.090 - Collection Hours.

6.20.100 - Collection Schedule.

6.20.110 - Vehicle Requirements.

6.20.120 - Contractor to Provide Containers for Solid Waste.

6.20.130 - Information to Be Furnished to Finance Department by Contractor Each Month.

6.20.140 - Container; Removal and Storage.

6.20.150 - Hazardous Waste Prohibited; Unauthorized Disposal of Waste Prohibited.

6.20.160 - Container; Manner of Placement.

6.20.170 - Removal of Material by Persons Not Authorized.

6.20.180 - Annual Review.

6.20.190 - Requirements for Single-Family Waste Generators.

6.20.200 - Requirements for Commercial Businesses.

6.20.210 - Waivers for Commercial Generators.

6.20.220 - Requirements for Commercial Edible Food Generators.

6.20.230 - Requirements for Haulers and Facility Operators.

6.20.240 - Self-Hauler Requirements.

6.20.250 - Placement of Trash Bins/Dumpsters; Screened.

6.20.260 - Fees to Be Based on Types of Occupancies; Types of Occupancies Defined.

6.20.270 - Collection Fees.

6.20.280 - Solid Waste, Recyclables, and Organic Materials Collection Fee a Debt.

6.20.290 - Collection Procedure for Delinquent Accounts—Creation of Lien.

6.20.300 - Special Hardship Scenarios.

6.20.310 - Inspections and Investigations by Town.

6.20.320 - Enforcement.

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Chapter 6.20 SOLID WASTE, RECYCLABLES, AND ORGANIC WASTE

6.20.010 Definitions.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
(a) Blue Container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclables. (b) CalRecycle shall mean California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on local jurisdictions. (c) CCR shall mean the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
(d) Commercial Business or Commercial shall mean a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.
(e) Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Subsections (ppp) and (qqq), or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(f) Compliance Review shall mean a review of records by the Town to determine compliance with this Chapter.
(g) Community Composting shall mean any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
(h) Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Chapter, that “Compost” shall mean the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

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(i) Compostable Plastics or Compostable Plastic shall mean plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(j) Container means a metallic or plastic watertight Container with a close-fitting cover, cover handle, or such other Container as may be approved by the Town to be provided by the Solid Waste handling service and by the authorized Recycling agent. (k) Container Contamination or Contaminated Container shall mean a Container, regardless of color or use, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(l) Contractor means any person, persons, firm, corporation or partnership that has been issued a contract or franchise by the Town Council for the exclusive purpose of handling, collecting, transporting and Processing Solid Waste, Recyclables, and/or Organic Materials.
(m) Curb collection means the collection of Solid Waste, Recyclables, or Organic Waste placed in a location at curbside of a residence so as not to obstruct the flow of traffic.
(n) C&D shall mean construction and demolition debris.
(o) Designated Recycling collection location means the place where an authorized Recycling agent has contracted with the Town to pick up Recyclables segregated from other waste material. Designated Recycling collection location includes, but is not limited to, the curbside of a residential neighborhood, or the service alley or trash enclosure of a commercial enterprise.
(p) Designee shall mean an entity with which the Town contracts or otherwise arranges to carry out any of the Town’s responsibilities as defined in this Chapter and as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(q) Dwelling means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except “dwelling” does not include, hospitals, hotels, motels, nursing homes, or convalescent centers. (r) Edible Food shall mean food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (s) Enforcement Action shall mean an action of the Town to address non-compliance with this Chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

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(t) Excluded Waste shall mean a hazardous substance, Hazardous Waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious waste, regulated radioactive waste, and toxic substances or materials that a facility operator(s), who receives materials from the Town and its generators, reasonably believes would, as a result of or upon acceptance, transfer, Processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the Town’s, or its Designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the Town, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, Processing, Recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. (u) Exclusive Solid Waste Handling Services means any action by the Town, whether by franchise, contract, license, permit, or otherwise, whereby the Town itself or one or more other local agencies or Solid Waste enterprises has the exclusive right to provide Solid Waste, Recyclables, or Organic Waste handling services of any class or type within all or any of the territory of the local agency.
(v) Food Distributor shall mean a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(w) Food Facility has the same meaning as in Section 113789 of the Health and Safety Code.
(x) Food Recovery shall mean actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(y) Food Recovery Organization shall mean an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

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If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.
(z) Food Recovery Service shall mean a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).
(aa) Food Scraps shall mean all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.

Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.
(bb) Food Service Provider shall mean an entity primarily engaged in providing food services to institutional, governmental, Commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(cc) Food-Soiled Paper is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
(dd) Food Waste shall mean all food and food scraps such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food waste excludes fats, oils, liquids, and grease when such materials are source separated.
(ee) Grocery Store shall mean a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
(ff) Hazardous Waste means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means if such waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. It shall also include all wastes so defined by the California Health and Safety Code including "infectious waste.”
(gg) High Diversion Organic Waste Processing Facility shall mean a facility that is incompliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of fifty percent (50%) between January 1, 22022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

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(hh) Industrial Waste means Solid Waste resulting from industrial processes and manufacturing operations including, but not limited to, wholesale and volume food Processing waste, boiler house cinders, lumber scraps and shavings, metal scraps and shavings and chemical wastes.
(ii) Inspection shall mean a site visit where the Town or its Designee reviews records, Containers, and an entity’s collection, handling, Recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with the requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
(jj) Large Event shall mean an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter. (kk) Large Venue shall mean a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Chapter.
(ll) Local Education Agency shall mean a school district, charter school, or county office of education that is not subject to the control of the Town or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). (mm) Multi-Family Residential Dwelling or Multi-Family shall mean of, from, or pertaining to residential Premises with five (5) or more dwelling units. Multi-Family Premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
(nn) Municipal Solid Waste Stream shall mean Solid Waste, Recyclables, and Organic Waste and otherwise disposed-of materials commonly found in general collection process systems within a municipal jurisdiction.
(oo) MWELO refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7 and Chapter 9.75 of the Town of Apple Valley Development Code.

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(pp) Non-Compostable Paper includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(qq) Non-Local Entity shall mean entities that are not subject to the Town’s enforcement authority, such as special districts located within the boundaries of the Town, including Apple Valley Fire Protection District and Mojave Water Agency, or as otherwise defined in 14 CCR Section 18982(a)(42).
(rr) Non-Organic Recyclables shall mean non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). (ss) Notice of Violation or NOV shall mean a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4 and issued in accordance with provisions as set forth in Section 1.01.200 of this Code. (tt) Organic Waste or Organics shall mean Solid Wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 1898(a)(46). Biosolids and digestates are as defined by 14 CCR Section 18982(a).
(uu) Organic Waste Generator shall mean a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). (vv) Paper Products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (ww) Printing and Writing Papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white woven envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). (xx) Person means an individual, group of individuals, and/or any legal entity recognized by the laws of the State.
(yy) Premises means every dwelling house, dwelling unit, apartment house, or multipledwelling building, trailer, or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, Processing or assembling shop, or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the Town of Apple Valley.

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(zz) Processing shall mean the reduction, separation, recovery, conversion or Recycling of Solid Waste, Organic Waste, or Recyclables. (aaa) Prohibited Container Contaminants shall mean discarded materials placed in a Container that are not identified as being permitted or considered to be excluded waste. (bbb) Property Owner means the person, persons, partnership, or corporation to whom the taxes on the property are assessed, as shown on the last equalized assessment roll of the County of San Bernardino, or alternatively, from such other records of the County Assessor or Tax Collector as contain more recent information. (ccc) Recovered Organic Waste Products shall mean products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR 18982(a)(49). (ddd) Recovery shall mean any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (eee) Recyclables or Recyclable Materials shall mean the materials segregated from the waste stream which can be processed and returned to the economic mainstream in the form of feedstock for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
(fff) Recycle or Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become Solid Waste and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. (ggg) Recycled-Content Paper shall mean Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(hhh) Regional Agency shall mean regional agency as defined in Public Resources Code Section 40181.
(iii) Renewable Gas shall mean gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
(jjj) Restaurant shall mean an establishment primarily engaged in the retail sale of food and drinks for on-Premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(kkk) Self-Hauler shall mean a Commercial Generator who is approved by the Town to haul Solid Waste to a facility or location using the Generator’s own employees and equipment. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul shall mean generating and transporting Organic Waste to a destination owned and operated by the Generator using

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the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
(lll) Single-Family shall mean or pertain to any residential Premises with fewer than five (5) units.
(mmm) Solid Waste has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not Hazardous Waste, manure, vegetable or animal solid and semi-Solid Wastes, and other discarded solid and semi-Solid Wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous Waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8, commencing with Section 114960, of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14, commencing with Section 117600, of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(nnn) Source Separated or Source Separation shall mean materials, including commingled Recyclable Materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for Recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different Containers for the purpose of collection and Processing. (ooo) Supermarket shall mean a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(ppp) Tier One Commercial Edible Food Generator shall mean a Commercial Edible Food Generator that is one or more of the following:

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(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
(qqq) Tier Two Commercial Edible Food Generator shall mean a Commercial Edible Food Generator that is one or more of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue or Large Event.
(5) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (6) A Local Education Agency facility with an on-site Foot Facility. (rrr) Town shall mean the Town of Apple Valley.
(sss) Town Council shall mean the Town Council of the Town of Apple Valley, California. (ttt) Town Enforcement Official shall mean the Town Manager or their authorized designee(s) who are partially or wholly responsible for enforcing this Chapter. (uuu) Wholesale Food Vendor shall mean a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

6.20.020 Declaration of policy.
(a) In compliance with applicable laws and regulations, the Town shall strive to reduce solid waste in landfills by recovering recyclable materials and organic waste.
(b) The Town shall provide for Solid Waste, Recyclables, and Organic Materials handling services including, but not limited to, the collection, transfer and disposal of Solid Waste within the Town. The Town Council finds that to give practical effect to his or her policy, a comprehensive system for the

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periodic collection, removal and disposal of Solid Waste, Recyclables, and Organic Materials from all Premises in the Town is essential and benefits all occupants of Premises in the Town and, therefore, all such occupants, unless exempt, are made liable for the Solid Waste, Recyclables, and Organic Materials collection charges established by the Town Council for Solid Waste, Recyclables, and Organic Materials handling services. (c) The Town may also provide for Solid Waste, Recyclables, and Organic Materials Processing services which may include Solid Waste, Recyclables, and Organic Materials from any or all Premises within the Town. The Town Council finds that provision of Solid Waste, Recyclables, and Organic Materials Processing services benefits all occupants or Premises in the Town and, therefore, all such occupants, unless exempt, are liable for Solid Waste, Recyclables, and Organic Materials processing service charges established by the Town Council for Solid Waste, Recyclables, and Organic Materials Processing.
(d) It is further in the best interests of the public health, safety, and welfare that Solid Waste, Recyclables, and Organic Materials collection, transfer, and disposal services within the Town be provided either by Town officers and employees directly or by exclusive contract with a qualified provider of such services.

6.20.030 Mandatory Participation.

Every person who owns or who has charge or control of any occupied Residential household or Commercial location within the Town shall participate in the Town's Solid Waste, Recyclables, and Organics collection, Processing, and disposal services program as provided in this Chapter. This mandatory participation in the Town's Solid Waste, Recyclables, and Organic Materials handling services program is subject to either of the following limited variations from the provisions of this Chapter:
(a) Residential dwelling units during such period or periods in which they are continuously unoccupied for more than 60 consecutive days. (b) Applicants issued permits authorizing variations from the provisions of this Chapter pursuant to Sections 6.20.210 and 6.20.240 of this Chapter to the extent authorized under said permits.

6.20.040 Solid Waste, Recyclables, and Organics Collection, Processing, and Disposal; to be Provided for and Supervised by the Town. (a) The Town shall provide for Solid Waste, Recyclables, and Organics collection, Processing, and disposal services which shall include collection of all Solid Waste, Recyclables, and Organic Materials from all Premises within the Town as may be specified by agreement. The Town may determine all of the following:

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(1) Compliance in disposal of Solid Waste, Recyclables, and Organic Materials in a manner described herein shall be mandatory for all Generators within the Town.
(2) Aspects of Solid Waste, Recyclables, and Organics handling, Processing, and disposal which are of local concern including, but not limited to, frequency of collection, means of collection and transportation, Source Separation of Recyclable Materials and Organics from other Solid Waste, designated Solid Waste, Recyclable Materials, and Organics collection locations, level of services, charges and fees, and the nature, location and extent of providing Solid Waste, Recyclable Materials, and Organics handling services.
(3) Whether the services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise or contract, either with or without competitive bidding, or if, in the opinion of the Town Council, the public health, safety, and well-being so require, the authority to provide Solid Waste, Recyclables, and Organics handling services may be granted under terms and conditions prescribed by the Town Council by resolution or ordinance. The Town Council may grant an option for additional periods that extend such agreement for the same.
(4) The Town Manager or his or her designee shall have charge and supervision of such Solid Waste, Recyclables, and Organics handling services from the various parts of the Town so as to conform to the provisions of this Chapter.

6.20.050 Insurance Required.
(a) The Contractor shall provide the Town Clerk with certificates from insurance companies, acceptable to the Town Manager, showing that the Town is named as an additional insured, that the insurance is primary and not contributing with any other insurance available to the Town, and that the liability coverage is in an amount acceptable to the City. (b) Such insurance shall be in full force and effect during the terms of the contract.
(c) The Town reserves the right to increase the amounts of insurance consistent with the terms and conditions of contract, and the Contractor shall immediately comply with said increase.

6.20.060 Surety Bond Required.

The Contractor who contracts with the Town for the removal and disposal of Solid Waste shall be required to furnish a surety bond to the Town in an amount acceptable to the City, conditioned upon the faithful performance of the contract and the provisions of

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this Chapter, to collect all Solid Waste, Recyclables, and Organic Waste in the Town and transport the same through the streets and public ways of the Town to such destination as provided in this Chapter. The Town reserves the right to increase the amounts of the surety bond requirement consistent with the terms and conditions of contract, and the Contractor shall immediately comply with said increase.

6.20.070 Contractor to Indemnify and Hold Harmless the Town.

The Contractor shall indemnify and hold harmless the Town, its officers, agents, employees, and volunteers for, from, and against any and all claims, losses, liabilities, demands, actions, or suits of every kind or nature arising or resulting from the contract or any operation of the Contractor hereunder or in exercising any license or privilege granted to him or her by the contract or by an ordinance of the Town. Contractor shall upon demand of the Town, at his or her sole cost and expense and with attorneys selected by the Town, provide a defense for the Town and its officers, agents, and employees against any and all claims, actions, or suits brought against the Town or its officers, agents, and employees arising or resulting from or in any connection with the operations of Contractor pursuant to the contract. Contractor’s obligation to indemnify the Town shall not extend to claims, losses, liabilities, demands, actions, or suits resulting from a Town take-over and operation of Contractor's equipment.

6.20.080 Worker's Compensation Insurance.

The Contractor and his or her subcontractors, if any, shall obtain and maintain in full force and effect throughout the entire term of the contract, full worker's compensation insurance in accordance with the provisions and requirements of the Labor Code of the State of California and any other applicable law. Certificates of such insurance, subject to approval by the Town Attorney, shall be filed with the Town Clerk. Said certificate shall provide that the Town shall be given 30 days written notice by certified or registered mail prior to cancellation.

6.20.090 Collection Hours.

All Solid Waste, Recyclables, and Organic Waste collection shall be made as quietly as possible. The Town Council may fix and determine the hours of collection by resolution.

6.20.100 Collection Schedule.

Contractor shall collect and remove all Solid Waste, Recyclables, and Organic Materials at least weekly. All such waste accumulated in hotels, restaurants, and markets within the Town shall be collected and removed at least twice weekly. (a) The Town Manager or his or her designee may require a greater frequency of collections per week or larger Containers, including capacity bin(s), dumpster(s) or cart(s) upon finding that an unhealthy, unsightly, or public nuisance condition is created due to the minimum collection frequency.

6.20.110 Vehicle Requirements.

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All Solid Waste, Recyclables, and Organic Materials shall be transported by Contractor in metal lined Containers that are leak proof and so constructed as to prevent such waste from falling, leaking, spilling, or any odor from escaping. All Solid Waste, Recyclables, and Organic Materials shall be covered by a tarpaulin or other suitable covering from the time of last pickup and to the point of disposal. Every truck so used for the hauling of Solid Waste, Recyclables, and Organic Materials shall be washed at least once a week, steam-cleaned once a month, and kept in a well-painted condition. All Solid Waste, Recyclables, and Organic Materials shall be removed, conveyed, and disposed of in such a manner as not to be a nuisance, menace, or danger to the public peace, health, and safety, and shall be in accordance with any additional rules or obligations as set by resolution of the Town Council.

6.20.120 Contractor to Provide Containers for Solid Waste.

Contractor shall provide all Residential and Commercial Generators one or more watertight Containers for holding Solid Waste, Organics, and Recyclables. Such Containers shall be standard Containers as defined in Section 6.20.010 and in accordance with the provisions set forth in 14 CCR, Division 7, Chapter 12, Article 3. It shall be the responsibility of the Residential or Commercial customer to maintain said Containers in a safe, clean, and sanitary condition. Containers shall have a close-fitting cover to prevent insects, including flies, rodents and other animals, from coming into contact with contents. Containers shall have no irregular surfaces or be in a condition which is likely to cause injury to persons moving or lifting them. All Containers whose weight limits are exceeded may be subject to additional handling fees as approved by resolution of the Town Council.

6.20.130 Information to be Furnished to Finance Department by Contractor Each Month.

The Contractor shall furnish, on or before the 15th day of each calendar month, to the Finance Department or to other officials of the Town, the names and addresses of all persons who shall be liable for the payment of fees under this Chapter. In addition, all Commercial accounts will include size and number of Containers and the scheduled number of pickups per week.

6.20.140 Container; Removal and Storage.
(a) Pursuant to 14 CCR, Division 7, Chapter 3, Article 5, Section 17331(H), all Solid Waste, Recyclables, and Organic Materials created, produced, or accumulated in or about a Residential unit in the Town shall be removed from the Premises at least once each week.
(1) Failure to provide for the removal of such waste at least as often as prescribed in this Section is prohibited.
(2) Each day beyond the time specified in this Section that a Generator permits Solid Waste, Recyclables, and Organic Materials to remain on the

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Premises in a manner not authorized by this chapter shall be treated and considered a separate and distinct offense.
(b) Pursuant to 14 CCR, Division 7, Chapter 3, Article 5, Section 17331(H), storage of or accumulating any Solid Waste in any Container or at any location other than as set forth in this Chapter is prohibited.

6.20.160 Container; Manner of Placement.

Each Solid Waste, Recyclables, and Organic Materials Container shall be kept or placed in the following manner:
(a) It shall be kept on the Premises of the person receiving the Container. (b) It shall be placed for collection as follows: on the street, curbside, in front of the Premises occupied by the person placing the same on street, curbside, or according to other arrangements made with Contractor. (c) Each Container containing Solid Waste, Organics, and/or Recyclable Materials shall be so placed for each respective collection period no sooner than sunset prior to the scheduled collection day and removed from the street after collection on scheduled collection day.

6.20.170 Removal of Material By Persons Not Authorized.

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(b) Any person holding a valid Town business license to engage in the nursery or gardening business removing shrubbery, grass, tree cuttings, tree trimmings, or other agricultural debris, or any person removing the same from any property owned or occupied by such person; or
(c) Any person removing large or oversized items of Solid Waste, Recyclables, and/or Organic Materials from their Premises; or
(d) Any person applying or obtaining a permit in writing from the Town for the removal of Solid Waste, Recyclables, and/or Organic Materials; or (e) Any person Recycling their own Recyclables generated within their principle residence, to the extent permitted by law.

6.20.180 Annual review.

The Town Council will annually review the Town's Solid Waste, Recyclables, and/or Organic Materials program and activities, including the performance of Recycling and Solid Waste Processing services, Contractors, franchisees, and Authorized Recycling Agents.

6.20.190 Requirements for Single-Family Waste Generators.

Single-Family Waste Generators shall comply with the following requirements:
(a) Shall subscribe to the Town’s two-Container collection services for all Solid Waste, Recyclables, and/or Organic Materials generated. The Town shall have the right to review the number and size of a Generator’s Containers to evaluate adequacy of capacity provided for each type of required collection service for proper Source Separation and containment of materials; and Single-Family Generators shall adjust service levels for their collection services as requested by the Town.
(b) Shall participate in the Town’s Solid Waste, Recyclables, and/or Organic Materials collection service(s) by placing Source Separated Organic Waste, including Food Waste, in the Black Container, and all Recyclable Materials in the Blue Container.
(c) Nothing in this Section shall prohibit a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

6.20.200 Requirements for Commercial Businesses.
(a) Shall subscribe to the Town’s two-Container collection services and comply with requirements of those services as described below in Subsection (b), except Commercial Businesses that meet the Self-Hauler requirements in Section 6.20.240 of this Chapter. The Town shall have the right to review the number and size of a Generator’s Containers and frequency of

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collection to evaluate adequacy of capacity provided for each type of collection service for proper Source Separation of materials and containment of materials; and Commercial Businesses that shall adjust their service level for their collection services as requested by the Town. (b) Shall participate in the Town’s two-Container collection services by placing all Solid Waste, including Organic Waste, into the Black Container. (c) Supply and allow access to an adequate number, size, and location of collection Containers for employees, contractors, tenants, and customers, consistent with Town’s franchise Solid Waste hauler collection service or, if Self-Hauling, in accordance with Section 6.20.240.
(d) Excluding Multi-Family Residential Dwellings, provide Containers for the collection of Source Separated Organic Waste and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal Containers are provided for customers, for materials generated by that business. Such Containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of Container, then the business does not have to provide that particular Container in all areas where disposal Containers are provided for customers. The Containers provided by the business shall have either:
(1) A body or lid that conforms with the Container colors as provided through the collection service provided by Town, with either lids or bodies, or lids and bodies, conforming to the color requirements. A Commercial Business is not required to replace functional containers, including Containers purchased prior to January 1, 2022, that do not comply with the requirements of this Subsection prior to the end of the useful life of those Containers, or January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that Container, or Containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the Container. Pursuant to 14 CCR Section 18984.8, the Container labeling requirements are required on new Containers commencing January 1, 2022.
(e) Excluding Multi-Family Residential Dwellings, to the extent practical through education, training, Inspection, and/or other measures, prohibit employees from placing materials in a Container not designated for those materials. (f) Excluding Multi-Family Residential Dwellings, periodically inspect Containers for Contamination and inform employees if Containers are

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Contaminated and of the requirements to keep Contaminants out of said Containers.
(g) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated materials.
(h) Provide educational information to new tenants that describes requirements to Source Separate materials, as well as the location of Containers and the rules governing their use at each property prior to or within fourteen (14) days of occupancy.
(i) Provide or arrange access for Town or its agent to their properties during all Inspections conducted in accordance with Section 6.20.310 of this Chapter to confirm compliance with the requirements of this Chapter. (j) If a Commercial Business wants to Self-Haul, then it shall meet the requirements as set forth in Section 6.20.240 of this Chapter. (k) Nothing in this Section prohibits a Generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.8(c).
(l) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall also comply with Food Recovery requirements, pursuant to Section 6.20.220 of this Chapter.

6.20.210 Waivers for Commercial Generators.
(a) De Minimis (Low Volume) Waivers. The Town may waive a Commercial Business’ obligation (including that of a Multi-Family Residential Dwelling) to comply with some or all of the Organic Waste and Recyclables requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste or Recyclable material as described in Subsection (a)(2) below. A Commercial Business requesting a de minimis waiver shall:
(1) Submit an application specifying the services from which they are requesting a waiver, and provide documentation as noted in Subsection (a)(2) below.
(2) Provide documentation that either:
(i) The Commercial Business’s total Solid Waste collection service is two (2) cubic yards or more per week and Organic Waste and/or Recyclables subject to collection in a Source Separated materials designated Container comprises less than twenty (20) gallons per week, per applicable Container of the business’s total waste; or,

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(ii) The Commercial Business’s total Solid Waste collection service is less than two (2) cubic yards per week and Organic Waste and/or Recyclables subject to collection in a Source Separated materials designated Container comprises less than ten (10) gallons per week, per applicable Container of the business’s total waste.
(3) Notify the Town if circumstances change such that the Commercial Business’s Organic Waste and/or Recyclables exceeds the threshold required for waiver, in which case the waiver shall be rescinded.
(4) De minimis waivers shall be valid for a period of five (5) years, and are subject to verification by the Town.
(b) Physical Space Waivers. The Town may waive a Commercial Business’s or property owner’s obligations (including those of a Multi-Family Residential Dwelling) to comply with some or all of the Recyclable Materials and/or Organic Waste collection service requirements if the Town has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the Premises lacks adequate space for the collection Containers required for compliance with the Organic Waste or Recyclables collection requirements of this Chapter. A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver. (2) Provide documentation demonstrating that the Premises lacks adequate space for the Containers necessary for compliance with the provisions of this Chapter, including documentation from its franchise Solid Waste hauler, licensed architect, or licensed engineer.
(3) Physical space waivers shall be valid for a period of five (5) years and are subject to verification by the Town.
(c) Review and approval of waivers shall be completed by the Town Manager or his or her designee. Waivers may be reviewed, approved, verified, or rescinded by the Town at any time at its sole discretion.

6.20.220 Requirements for Commercial Edible Food Generators. (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.

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(b) Commencing January 1, 2024, Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section.
(c) All Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with or enter into a written agreement with Food Recovery Organizations and/or Food Recovery Services for:
(i) The collection of Edible Food for Food Recovery; and/or (ii) Acceptance of the Edible Food that the Commercial Edible Food Generator Self-Haulers to the Food Recovery
Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow Town’s designated enforcement personnel to access the Premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information:
(i) A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement.
(ii) A copy of all contracts or written agreements.
(iii) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:

1. The name, address, and contact information of the
Food Recovery Service or Food Recovery
Organization.

2. The types of Edible Food that will be collected by or Self-Hauled to the Food Recovery Service or Food
Recovery Organization.

3. The established frequency that Edible Food will be
collected or Self-Hauled.

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4. The quantity of Edible Food, measured in pounds
recovered per month, collected by or Self-Hauled to a
Food Recovery Service or Food Recovery
Organization for Food Recovery.
(d) Nothing in this Section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 (Chapter 285, Statutes of 2017), relating to food safety, as amended from time to time.

6.20.230 Requirements for Haulers and Facility Operators. (a) The Town’s Contractor providing Residential, Commercial, and/or industrial waste collection services to Generators within the Town’s boundaries shall meet the following requirements as standards as a condition of approval of any contract, agreement, or other authorization with the Town to collect Solid Waste, Recyclables, and/or Organic Materials:
(1) Through written notice to the Town annually on or before June 30, identify the facilities to which they will transport waste, including facilities for Source Separated Recyclable Materials, Source Separated Organic Waste, and mixed waste.
(2) Obtain approval from the Town to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 6.20.240 of this Municipal Code, and Chapters 8.15 and 8.19 of this Municipal Code. (3) Comply with education, equipment, signage, Container labeling, Container color, Contamination monitoring, reporting, and other requirements contained within its Solid Waste franchise agreement, permit, license, or other agreement entered into with the Town. (b) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon the Town’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.

Entities contacted by the Town shall respond within sixty (60) days. (c) Community Composting operators, upon the Town’s request, shall provide information to the Town to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the Town shall respond within sixty (60) days.

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6.20.240 Self-Hauler Requirements.
(a) Town-approved Self-Haulers shall Source Separate all materials that are generated on-site in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 if the Town would otherwise require Generators to Source Separate such materials for collection in the Town’s Solid Waste, Recyclables, and Organic Materials collection program, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (c) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Town. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste.
(2) The amount of material in cubic yards or tons transported by the Generator to each entity.
(3) If the material is transported to an entity that does not have an onsite scale, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
(d) Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall provide information collected in Subsection (c) to the Town no later than the 15th of each month for the previous month’s activity.
(e) An application to Self-Haul must be approved by the Town Enforcement Official or his or her designee prior to commencing Self-Haul activities.

6.20.250 Placement of Trash Bins/Dumpsters; Screened.
(a) All dumpsters shall be located out of easement areas, public-rights-of-way, and the clear sight triangle.

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(b) Dumpsters and their enclosures shall not be located in a manner that requires a hauler to park perpendicular to the roadway while emptying them. (c) All dumpster enclosure locations must be approved and built to Town standards.
(d) Every person utilizing dumpster service shall sign a liability waiver form. (e) Paved access to dumpsters or their enclosures shall not be required.

However, when a dumpster cannot be serviced because of inadequate access, the dumpster may be replaced with Containers, or paving may be required.
(f) Failure to comply with the provisions of this Chapter shall result in the removal of the dumpster.
(g) In the event that a property has adequate space and access, a dumpster may be left unenclosed and placed behind the structure where it is not visible from the frontage street.
(h) Commercial and industrial use.
(1) Existing Commercial or industrial-use property shall be evaluated with each tenant improvement application to determine if an intensification of use is to occur. Upon the determination of an intensified and/or expanded use, then a masonry block enclosure will be required to be installed to the Town standards prior to the issuance of a Certificate of Occupancy.
(2) In the event there is inadequate land area behind the structure or paved access does not exist for the placement of dumpsters and/or enclosures behind the setbacks, approval may be applied for to place a dumpster enclosure within the required setback.
(i) Multi-Family Residential Use.
(1) All existing Multi-Family Residential property shall be required to enclose bins per Town standards.
(2) In the event there is inadequate land area behind the structure, or paved access does not exist for the placement of dumpsters or the construction of enclosures behind the setbacks, approval may be applied for to place an enclosure within the setback.
(3) As an alternative to properly constructed and located enclosures, Multi-Family Residential properties may use Containers provided by the waste hauler at a minimum ratio of one Black Solid Waste Container and one blue Recyclable Materials Container per Residential unit. The Town Manager or his or her designee may,

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upon petition by the property owner, consider alternative numbers of the blue Recyclable Materials Containers.
(4) For Multi-Family Residential developments, annual Inspections of compliance will occur at the time of the property maintenance inspection conducted by the Town.
(j) Single-Family Residential Use.
(1) Single-Family Residential use properties utilizing bin/dumpster service shall not store the bin/dumpster on the frontage street or directly in front of the residence, except as otherwise allowed by this Section.
(2) Single-Family Residential properties less than two and one half (2.5) acres shall be required to located the bin/dumpster in accordance with one of the following:
(i) The bin may be located behind the residence; or
(ii) The bin may be located against the residence wall or a garage wall; or
(iii) The bin may be located so that it abuts the front setback. (3) Single-Family Residential properties two and one-half (2.5) acres or more may place the bin/dumpster, with an enclosure, in front of the residence and in compliance with the Town of Apple Valley Development Code, Section 9.28.150.
(4) For purpose of this Section, a legal nonconforming use is one which lawfully existed prior to the effective date of this Subsection. The continuance of the legal nonconforming use will be allowed for any Single-Family Residence with an existing enclosure constructed prior to February 26, 1998. If a legal nonconforming use is discontinued for thirty (30) consecutive days or longer, it shall lose its legal nonconforming status hereunder.
(5) Single-Family Residential use properties that locate the bin behind the structure shall move the bin to the front of the property on collection day and replace it behind the structure after it is emptied. (6) Nothing in this Section shall be construed to relieve bin/dumpster service customers from required Organics diversion or Recycling in accordance with this Chapter.
(k) Minimum clearance. All bins/dumpsters are required to be located a minimum of five feet (5’) from all combustible construction.

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(l) New construction. Nothing in this Chapter shall nullify or supersede an ordinance or standard for enclosures for bin/dumpster placement for new construction. The placement of dumpsters and enclosure standards herein shall apply to existing Commercial, industrial, Multi-Family Residential, and Single-Family Residential Premises.

6.20.260 Fees to be Based on Types of Occupancies; Types of Occupancies Defined.
(a) “Commercial Use” means Premises upon which is located any type of business requiring a business license under the provisions of this Code or other ordinances of the Town, as well as Multi-Family Residential dwelling units.
(b) “Single-Family Residential Use” means Premises upon which is located four (4) or fewer Residential dwelling units.

6.20.270 Collection Fees.
(a) The property owner or owners of record of any place or Premises within the Town where any Solid Waste or Recyclable Materials accumulate shall pay, or cause to be paid, to the Town a fee in such amounts and in such manner as shall be established or required by the Town Council for the service of having such Solid Waste or Recyclable Materials collected and removed from the place or Premises. Any account set up and maintained for the collection of Solid Waste and Recyclable Materials collection fees contemplated by this Chapter shall be in the name of the property owner or owners of record only, and the property owner or owners of record shall be solely responsible for payment of the fees established. (b) Nothing in this Section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments of Solid Waste and Recyclable Materials collection fees are made by a tenant or tenants or any agent on behalf of the owner. However, any such arrangement will not affect the property owner of record’s obligation to the Contractor or the Town for the Solid Waste collection fees. (c) All Solid Waste, Recyclables, and Organics collection fees shall be billed and collected in accordance with rules and regulations adopted by the Town Council.

6.20.280 Solid Waste, Recyclables, and Organic Materials Collection Fee a Debt.

The Solid Waste, Recyclables, and Organic Materials collection fee shall be a civil debt owing the Town from the owner or owners of record of any place or Premises within the Town where any Solid Waste and/or Recyclables accumulate. If an invoice for Solid Waste, Recyclables, and/or Organic Materials collection service is unpaid sixty (60) days after mailing, a penalty of ten percent (10%) shall be charged and an additional one and one half percent (1.5%) per month shall be charged until the charges and penalties are

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paid in full. If court action is taken to enforce non-payment of charges, the property owner or owners of record shall pay all reasonable attorney fees incurred by the Town.

6.20.290 Collection Procedure for Delinquent Accounts—Creation of Lien.

Any fees authorized pursuant to Section 6.20.270 which remain unpaid after the delinquent date as set forth in Section 6.20.280 may be collected thereafter by the Town as provided in this Section.
(a) The Town Council shall cause a report of delinquent Solid Waste, Recyclables, and Organic Materials handling fees to be prepared periodically. The Council shall fix a time, date, and place for hearing the report and any objections or protests thereto.
(b) The Town Council shall cause notice of hearing to be mailed to the property owner or owners listed on the report not less than fifteen (15) days prior to the date of hearing.
(c) At the hearing, the Town Council shall hear any objections or protests of the property owner or owners liable to be assessed for delinquent fees. The Town Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. (d) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent fees plus administrative costs. A certified copy of the confirmed report shall be filed with the Town for the amount of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches, upon recordation in the Office of the County Recorder, a certified copy of the Resolution of Confirmation. The assessment may be collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of Town ad valorem property taxes shall be applicable to such assessment.

6.20.300 Special Hardship Scenarios.

Where practical difficulties make it impossible or extremely difficult to carry out the strict letter of this Chapter with respect to any particular Premises, the Town Manager or his or her designee may issue special written authorizations that allow variations from the provisions of this Chapter and subject to satisfying the requirements below so that the spirit of this Chapter shall be observed, public health and safety secured, and substantial justice done.
(a) Financial Hardship. Any owner or occupant of a Single-Family Residence may be eligible for a reduction in fees associated with the Solid Waste collection and disposal program upon satisfying the following criteria:

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(1) Complete and submit a Town of Apple Valley Financial Hardship Application along with a copy of the most recent Southwest Gas or Southern California Edison bill showing eligibility for a current financial hardship status.
(2) The approved applicant will be eligible to receive Solid Waste collection at the reduced bi-monthly hardship rate for a period of one year. The application will automatically expire after one year. It will be the responsibility of the applicant to submit a Town of Apple Valley Financial Hardship Application annually to avoid interruption of the reduced hardship rate.
(b) Physical Hardship Exemption. An applicant may be exempted from the provisions of this Chapter requiring placement of Solid Waste, Recyclables, and Organics Containers at curbside or roadside upon a showing and/or certification by a physician of a physical condition which would not allow the applicant to carry or otherwise transport such Containers from the dwelling unit to the curb or roadside. In the event such exemption is granted, arrangements will be made by the Solid Waste collection Contractor to collect the Solid Waste and Recyclable Materials at the dwelling unit. (c) Other. An applicant may be exempted from collection and disposal fees where other special circumstances exists under which the Town Manager finds that the criteria and purposes contained in this Chapter and Section are met.

6.20.310 Inspection and Investigations by Town.
(a) The Town Enforcement Official or his or her designee(s) is/are authorized to conduct Inspections and investigations, at random or otherwise, of any collection Container, collection vehicle loads, or transfer, Processing, or disposal facility for materials collected from Generators, or Source Separated Materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow Town to enter the interior of a private residential property for Inspection.
(b) All regulated entities shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Town’s Enforcement Official or their designee(s) during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter and described herein. Failure to provide or arrange for access to

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an entity’s Premises or access to records for any inspection or investigation is a violation of this Chapter.
(c) Any records obtained by the Town during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) The Town Enforcement Official or his or her designee(s) is/are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws. (e) The Town shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including anonymous complaints. The City’s franchise Solid Waste haulers shall relay to City all written complaints they receive concerning act or omissions of themselves or another entity that is potentially non-compliant with SB 1383 Regulations, including anonymous complaints.
(f) It shall be the duty of the Town Manager, or his or her designee, to inspect and supervise all trucks, carts or other vehicles used by the contractor in the collection and disposal of solid waste and see that the same are kept clean and sanitary. The Town Manager, or his or her designee, shall enforce the provisions of this Chapter, inspect any and all premises where solid waste is kept or accumulated for the purposed of determining sanitary conditions and investigate whether the provisions of this Chapter and all laws and ordinances of the Town and the State are in compliance.

6.20.320 Enforcement.
(a) Violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and the Town Enforcement Official may enforce the provisions of this Chapter in accordance with Chapters 1.01 and

1.08 of this Municipal Code, except as otherwise prescribed in this Chapter. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The Town may pursue civil actions in Superior Court to seek recovery of costs and unpaid administrative citations. Town may also choose to defer such action until a sufficiently large number of violations, or cumulative size of violations exists, justifying a reasonable use of Town staff and resources. (c) Enforcement pursuant to this Section may be undertaken by the Town Enforcement Official, legal counsel, or combination thereof. (d) The Town Enforcement Official may monitor compliance with this Chapter randomly and via compliance reviews, route reviews, investigation of complaints, and an Inspection program.

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(e) The Town Enforcement Official may provide notice of Container Contamination via a cart tag or other written communication immediately upon identification of Prohibited Container Contaminants or as soon as is practical. If the Town Enforcement Official observes Prohibited Container Contaminants in a Generator’s Containers on more than three (3) consecutive occasions, the Town Enforcement Official may proceed with enforcement action pursuant to this Section.
(f) With the exception of violations addressed under Subsection (e), the Town Enforcement Official shall issue a Notice of Violation requiring compliance within thirty (30) days of issuance of the notice.
(g) All notices shall be sent in accordance with Chapters 1.01 and 1.08 of this Municipal Code or to the party responsible for paying for the Solid Waste collection services.
(h) The Town Enforcement Official may extend compliance deadlines as set forth in a Notice of Violation issued in accordance with this Section if it finds that there are extenuating circumstances beyond the control of the violator that make compliance within the timeframe impracticable, including but not limited to the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or
(3) Deficiencies in Organic Waste Recycling infrastructure or Edible Food Recovery capacity and the Town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(i) Beginning on the effective date of this Chapter and through December 31, 2023, the Town Enforcement Official shall provide educational materials to regulated entities describing their obligations under this Chapter and a notice that compliance is required by January 1, 2022 and that violations may be subject to administrative civil penalties starting on January 1, 2024.

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EXHIBIT B
Chapter 8.19

REQUIREMENT TO RECYCLE CONSTRUCTION AND DEMOLITION DEBRIS FOR

CERTAIN CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN

THE TOWN OF APPLE VALLEY

8.19.000 - Findings.

8.19.010 - Definitions.

8.19.020 - Threshold for Covered Projects.

8.19.030 - Construction and Demolition Debris Diversion.

8.19.040 - Submission of Waste Management Plan.

8.19.050 - Compliance with Waste Management Plan.

8.19.060 - Appeal.

8.19.070 - Enforcement.

8.19.080 - Time for Submittal.

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Chapter 8.19 REQUIREMENT TO RECYCLE CONSTRUCTION AND DEMOLITION DEBRIS

FOR CERTAIN CONSTRUCTION, DEMOLITION, AND RENOVATION PROJECTS WITHIN

THE TOWN OF APPLE VALLEY

8.19.000 Findings.
(a) The Town finds that the State of California, through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), required that each local jurisdiction in the State divert 50% of discarded materials (base year 1990, State methodology) from landfill by December 31, 2000, and thereafter maintain or exceed that diversion rate.
(b) The Town finds that every city and county in California, including the Town, could face fines up to $10,000.00 per day for not meeting the abovemandated goal. (c) The Town finds that construction and demolition (C&D) debris constitute a significant portion of the waste stream in the Town. These materials have significant potential for waste reduction and recycling. (d) The Town finds that reusing and recycling C&D debris is essential to further the Town’s efforts to reduce waste and comply with AB 939 and Measure D goals.
(e) The Town finds that the 2019 California Green Building Standards Code requires a minimum 65% diversion rate of discarded materials resulting from construction, demolition, and renovation projects.

8.19.010 Definitions.

The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
(a) Applicant means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the Town for the applicable permits to undertake any construction, demolition, or renovation project within the Town. (b) Construction means the building of any facility or structure, or any portion thereof, including any tenant or other substantial improvements to an existing facility or structure.
(c) Construction and Demolition Debris or C&D means used or discarded materials removed from premises during construction, demolition, or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

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(d) Conversion Rate means the rate set forth in the standardized conversion rate table approved by the Town pursuant to this Chapter for use in estimating the volume or weight of materials identified in a Waste Management Plan.
(e) Covered Project shall have the meaning set forth in Section 8.19.020(a) of this Chapter.
(f) Demolition means the decimating, razing, ruining, tearing down, or wrecking of any facility, structure, pavement, or building, whether in whole or in part, whether interior or exterior.
(g) Divert means to use material for any purpose other than disposal in a landfill or transformation facility.
(h) Diversion Requirement means the diversion of at least 65% of the total construction and demolition debris generated by a project via reuse or recycling.
(i) Project means any activity involving construction, demolition, or renovation, and which requires issuance of a permit from the Town.
(j) Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
(k) Renovation means any change, addition, or modification in an existing structure.
(l) Reuse means further or repeated use of construction or demolition debris. (m) Salvage means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.
(n) Waste Management Plan or WMP means a completed Waste Management Plan form, approved by the Town for the purpose of compliance with this Chapter, submitted by the applicant for any covered project. (o) WMP Compliance Official means the designated staff person(s) authorized and responsible for implementing this Chapter.

8.19.020 Threshold for Covered Projects.
(a) Covered Projects. All Construction, Demolition, and Renovation Projects within the Town shall comply with this Chapter, whether residential, commercial, office, or industrial in nature. Failure to comply with any of the

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terms of this Chapter shall subject the Project Applicant to the full range of enforcement mechanisms set forth in Section 8.19.070 of this Chapter. (b) Town-sponsored projects. All Town-sponsored Construction, Demolition, and Renovation Projects shall be considered Covered Projects for the purposes of this Chapter, and any applicant therefor shall submit a Waste Management Plan to the WMP Compliance Officer prior to beginning any Construction or Demolition activities, and shall further be subject to all applicable provisions of this Chapter.
(c) Compliance as a condition of approval. Compliance with the provisions of this Chapter shall be listed as a condition of approval on any building or Demolition permit issued for a Covered Project.

8.19.030 Construction and Demolition Debris Diversion.

Compliance options. Applicants for Covered Projects shall select one of the following options to comply with this Chapter:
(a) Contract for hauling services with the Town’s franchise hauler and provide acceptable proof of Recycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP.
(b) Self-haul all Project debris to San Bernardino County self-haul landfill diversion program and provide acceptable proof of Recycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP. (c) Self-haul all Project debris to an approved construction materials recycling facility and provide acceptable proof of Recycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP. (d) Contract with a Construction site cleanup company to recycle at least 65% of the Project’s C&D Debris, and provide acceptable proof of Recycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP.

8.19.040 Submission of Waste Management Plan.
(a) WMP forms. Applicants for building or Demolition permits involving any Covered Project subject to Section 8.19.020 shall complete and submit a WMP form approved by the Town for this purpose as part of the application packet for the building or Demolition permit. The completed WMP shall indicate all of the following:
(1) The estimated volume or weight of Project C&D Debris to be generated; and
(2) The estimated volume or weight of such materials that can feasibly be Diverted via Reuse or Recycling; and

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(3) The vendor or facility that the applicant proposed to use to collect or receive that material; and
(4) The estimated volume or weight of C&D Materials that will be landfilled.
(b) Calculating volume and weight of debris. In estimating the volume or weight of materials identified in the WMP, an Applicant shall use the standardized conversion rates approved by the Town for this purpose and printed on the reverse side of the WMP.
(c) Deconstruction. In preparing the WMP, Applicants for building or Demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling.

8.19.050 Compliance with Waste Management Plan.
(a) Documentation. Prior to final inspection of any covered project, the Applicant shall submit to the WMP Compliance Official documentation proving that it has met the Diversion Requirement for the project. This documentation shall include all of the following:
(1) Receipts from the vendor or facility that collected or received each material showing the actual weight or volume of that material; and (2) A copy of the previously submitted WMP for the Project adding the actual volume or weight of each material Diverted and landfilled; and (3) Any additional information the Applicant believes is relevant to determining its efforts to comply in good faith with this Chapter. (b) Weighing of wastes. Applicants shall make reasonable efforts to ensure that all C&D Debris Diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D Debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D Debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used.

For conversion of volumetric measurements to weight, the Applicant shall use the standardized conversion rates approved by the Town for this purpose.
(c) Determination of compliance. The WMP Compliance Official shall review the information submitted under Subsection (a) of this Section and determine whether the Applicant has complied with the Diversion Requirement, as follows:

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(1) Full compliance. If the WMP Compliance Official determines that the Applicant has fully complied with the Diversion Requirement applicable to the Project, they shall notify the Building Department of that finding, and the Applicant shall receive a full refund of the deposit within ten (10) working days, if applicable.
(2) Good faith effort to comply. If the WMP Compliance Official determines that the Diversion Requirement has not been achieved, they shall determine on a case-by-case basis whether the Applicant has made a good faith effort to comply with this Chapter. In making this determination, the WMP Compliance Official shall consider the availability of markets for the C&D Debris landfilled, the size of the Project, and the documented efforts of the Applicant to divert C&D Debris. If the WMP Compliance Official determines that the Applicant has made a good faith effort to comply with this Chapter, then they shall notify the Building Department of that finding.
(3) Noncompliance. If the WMP Compliance Official determines that the Applicant has not made a good faith effort to comply with this Chapter, or if the Applicant fails to submit the documentation required by Subsection (a) of this Section within the required time period, then they shall notify the Building Department of that finding and the building permit shall fail its final inspection.
(4) Failure to comply with this Chapter may also result in further enforcement action as defined in Section 8.19.070.

8.19.060 Appeal.
(a) Any affected person may appeal a decision of the WMP Compliance Official to the Planning Commission.
(b) Any affected person may appeal a decision of the Planning Commission to the Town Council in accordance with Section 2.04.100 of this Municipal Code.
(c) Appeals shall be submitted to the WMP Compliance Official or their designee. Appeals shall be filed with the Town Clerk within ten (10) consecutive calendar days following the date of action. If the last day to act fall on a holiday, a Saturday, or a Sunday, the following business day shall be deemed to be the last day to act.
(d) Except as otherwise provided for in this Code, an action which has been appealed shall not become affective until a final determination is made by the appellate authority.

8.19.070 Enforcement.

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(a) Violation of any provision of this Chapter may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the Town shall be entitled to recover its attorneys’ fees and costs from a person who is determined by a court of competent jurisdiction to have violated this Chapter.
(b) Violation of any provision of this Chapter shall be punishable in accordance with Chapters 1.01 and 1.08 of this Municipal Code.
(c) Where the violation is the failure to achieve the required Diversion, and the C&D Materials from the Project have already been landfilled, the violation shall be deemed to have ceased after a period of ten days. (d) Enforcement pursuant to this Section shall be undertaken by the Town through its Code Enforcement Division or its attorney.
(e) In the event the Town incurs attorney fees in any action or proceeding to abate a nuisance under Title 6 or under any other ordinance or Title of the Town of Apple Valley Municipal Code, pursuant to Government Code Section 38773.5, attorney fees are recoverable by the prevailing party, in those actions or proceedings in which the Town elects at the initiation of the action or proceeding, to seek recovery of its own attorney fees.

8.19.080 Time for Submittal.
(a) The Waste Management Plan (WMP) shall be submitted at the same time as the building permit application and shall be deemed an essential part of the application. No permit application shall be accepted by the Town without an accompanying WMP.
(b) Any correspondence concerning the WMP shall be directed to:

WMP Compliance Official
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA 92307
(c) Documentation as described in Section 8.19.050(a) shall be submitted prior to receiving a final inspection for the issued permit on any Covered Project.

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Chapter 6.20 SOLID WASTE REGULATIONS, RECYCLABLES, AND ORGANIC WASTE

6.20.010 Definitions.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
(a) Authorized recycling agent means a person that the Town authorizes to collect its recyclables. An authorized recycling agent may be a municipal collection service, private solid waste hauler, private recycling enterprise or private nonprofit corporation or association.
(a) Blue Container has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclables. (b) CalRecycle shall mean California’s Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on local jurisdictions. (c) CCR shall mean the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
(d) Commercial Business or Commercial shall mean a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this Chapter.
(e) Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Subsections (ppp) and (qqq), or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
(f) Compliance Review shall mean a review of records by the Town to determine compliance with this Chapter.
(g) Community Composting shall mean any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

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(h) Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this Chapter, that “Compost” shall mean the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
(i) Compostable Plastics or Compostable Plastic shall mean plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(j) Container means a metallic or plastic watertight Container with a close-fitting cover, cover handle, or such other Container as may be approved by the Town to be provided by the Solid Waste handling service and by the authorized Recycling agent. (k) Container Contamination or Contaminated Container shall mean a Container, regardless of color or use, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(bl) Contractor means any person, persons, firm, corporation or partnership that has been issued a contract or franchise by the Town Council for the exclusive purpose of handling, collecting, transporting and recycling solid waste or recyclablesProcessing Solid Waste, Recyclables, and/or Organic Materials.
(cm) Curb collection means the collection of solid waste or recyclablesSolid Waste, Recyclables, or Organic Waste placed in a location at curbside of a residence so as not to obstruct the flow of traffic.
(n) C&D shall mean construction and demolition debris.
(do) Designated recyclingRecycling collection location means the place where an authorized recyclingRecycling agent has contracted with the Town to pick up recyclablesRecyclables segregated from other waste material. Designated recyclingRecycling collection location includes, but is not limited to, the curbside of a residential neighborhood, or the service alley or trash enclosure of a commercial enterprise.
(e) Detachable container service means the collection of solid waste and recyclables from a container serviced by mechanical means located at a commercial establishment where such material is produced, kept or accumulated.
(p) Designee shall mean an entity with which the Town contracts or otherwise arranges to carry out any of the Town’s responsibilities as defined in this Chapter and as authorized in 14 CCR Section 18981.2. A Designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(fq) Dwelling, multiple family or multiple family dwelling means a residential building designed for occupancy by more than one family and consisting of more than one living

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unit even when there is not more than one water meter on such premises, but excluding hotels, motels and other premises designed for transient occupancy. means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except “dwelling” does not include, hospitals, hotels, motels, nursing homes, or convalescent centers.
(g) Dwelling, single family or single family dwelling means a detached building designed for occupancy by one family and consisting of a single living unit. (r) Edible Food shall mean food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Chapter, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. (s) Enforcement Action shall mean an action of the Town to address non-compliance with this Chapter, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(t) Excluded Waste shall mean a hazardous substance, Hazardous Waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious waste, regulated radioactive waste, and toxic substances or materials that a facility operator(s), who receives materials from the Town and its generators, reasonably believes would, as a result of or upon acceptance, transfer, Processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in the Town’s, or its Designee’s, reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the Town, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe collection, Processing, Recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. (hu) Exclusive solid waste handling servicesSolid Waste Handling Services means any action by the Town, whether by franchise, contract, license, permit, or otherwise, whereby the Town itself or one or more other local agencies or solid wasteSolid Waste enterprises has the exclusive right to provide solid waste or recyclablesSolid Waste, Recyclables, or Organic Waste handling services of any class or type within all or any of the territory of the local agency.
(i) Franchise or contract fees means a sum equal to 5% of the gross annual receipts.
(v) Food Distributor shall mean a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22).

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(w) Food Facility has the same meaning as in Section 113789 of the Health and Safety Code.
(x) Food Recovery shall mean actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(y) Food Recovery Organization shall mean an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

A Food Recovery Organization is not a Commercial Edible Food Generator for the purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Chapter.
(z) Food Recovery Service shall mean a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26).
(aa) Food Scraps shall mean all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.

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(dd) Food Waste shall mean all food and food scraps such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food waste excludes fats, oils, liquids, and grease when such materials are source separated.
(ee) Grocery Store shall mean a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
(jff) Hazardous wasteWaste means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means if such waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife.

It shall also include all wastes so defined by the California Health and Safety Code including "infectious waste".”
(k) Health officer means the Town Manager or his or her designated representative.
(gg) High Diversion Organic Waste Processing Facility shall mean a facility that is incompliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of fifty percent (50%) between January 1, 22022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(lhh) Industrial wasteWaste means solid wasteSolid Waste resulting from industrial processes and manufacturing operations including, but not limited to, wholesale and volume food processingProcessing waste, boiler house cinders, lumber scraps and shavings, metal scraps and shavings and chemical wastes. (ii) Inspection shall mean a site visit where the Town or its Designee reviews records, Containers, and an entity’s collection, handling, Recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with the requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
(jj) Large Event shall mean an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Chapter.

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(kk) Large Venue shall mean a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Chapter.
(ll) Local Education Agency shall mean a school district, charter school, or county office of education that is not subject to the control of the Town or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). (mm) Multi-Family Residential Dwelling or Multi-Family shall mean of, from, or pertaining to residential Premises with five (5) or more dwelling units. Multi-Family Premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
(mnn) Municipal waste stream means solid waste, recyclablesSolid Waste Stream shall mean Solid Waste, Recyclables, and Organic Waste and otherwise disposed ofdisposedof materials commonly found in general collection process systems within a municipal jurisdiction.
(oo) MWELO refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7 and Chapter 9.75 of the Town of Apple Valley Development Code.
(pp) Non-Compostable Paper includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(qq) Non-Local Entity shall mean entities that are not subject to the Town’s enforcement authority, such as special districts located within the boundaries of the Town, including Apple Valley Fire Protection District and Mojave Water Agency, or as otherwise defined in 14 CCR Section 18982(a)(42).
(rr) Non-Organic Recyclables shall mean non-putrescible and non-hazardous recyclable wastes, including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). (ss) Notice of Violation or NOV shall mean a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4 and issued in accordance with provisions as set forth in Section 1.01.200 of this Code.

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(tt) Organic Waste or Organics shall mean Solid Wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 1898(a)(46). Biosolids and digestates are as defined by 14 CCR Section 18982(a).
(uu) Organic Waste Generator shall mean a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). (vv) Paper Products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (ww) Printing and Writing Papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white woven envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). (xx) Person means an individual, group of individuals, and/or any legal entity recognized by the laws of the State.
(yy) Premises means every dwelling house, dwelling unit, apartment house, or multipledwelling building, trailer, or mobile home park, store, restaurant, rooming house, hotel, motel, hospital, office building, department store; manufacturing, Processing or assembling shop, or plant; warehouse; and every other property or building where any person resides or any business or activity is carried on or conducted within the Town of Apple Valley.
(nzz) Processing meansshall mean the reduction, separation, recovery, conversion or recycling of solid waste or recyclablesRecycling of Solid Waste, Organic Waste, or Recyclables.
(aaa) Prohibited Container Contaminants shall mean discarded materials placed in a Container that are not identified as being permitted or considered to be excluded waste. (obbb)Property ownerOwner means the person, persons, partnership, or corporation to whom the taxes on the property are assessed, as shown on the last equalized assessment roll of the County of San Bernardino, or alternatively, from such other records of the County Assessor or Tax Collector as contain more recent information. (ccc) Recovered Organic Waste Products shall mean products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR 18982(a)(49). (ddd) Recovery shall mean any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

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(p) Recycle or recycling means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning themeee) Recyclables or Recyclable Materials shall mean the materials segregated from the waste stream which can be processed and returned to the economic mainstream in the form of raw materialfeedstock for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. (q) Recyclables means the materials segregated from the waste stream which can be processed and returnedfff) Recycle or Recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become Solid Waste and returning them to the economic mainstream in the form of feedstockraw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
(ggg) Recycled-Content Paper shall mean Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(hhh) Regional Agency shall mean regional agency as defined in Public Resources Code Section 40181.
(iii) Renewable Gas shall mean gas derived from Organic Waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
(jjj) Restaurant shall mean an establishment primarily engaged in the retail sale of food and drinks for on-Premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(kkk) Self-Hauler shall mean a Commercial Generator who is approved by the Town to haul Solid Waste to a facility or location using the Generator’s own employees and equipment. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul shall mean generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
(lll) Single-Family shall mean or pertain to any residential Premises with fewer than five (5) units.
(r) Recyclables handling means the collection, transportation, storage and transfer of recyclables.
(s) Recyclables handling services means the collection, transportation, storage and transfer of recyclables for residential, commercial, institutional or industrial users or customers.
(t) Segregated from other waste material means any of the following:

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(1) The placement of recyclables in separate containers; (2) The binding of recyclables separately from other waste material; (3) The physical separation of recyclables from other waste material. (ummm) Solid waste meansWaste has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputresciblenon-putrescible solid and, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not Hazardous Waste, manure, vegetable or animal solid and semisolid wastessemi-Solid Wastes, and other discarded solid and semisolid wastes.semi-Solid Wastes, with the exception that Solid wasteWaste does not include hazardous waste as defined by the State or low-level radioactive waste. Solid waste does not include medical waste which has not been treated for disposal at a solid waste facility. any of the following wastes:
(v) Solid waste disposal means the final disposition of solid wastes onto land, into the atmosphere or into the waters of the State.
(w) Solid waste enterprise means any individual, partnership, joint venture, unincorporated private organization or private corporation regularly engaged in the business of providing solid waste handling services. (x) Solid waste handling or handling means the collection, transportation, storage and transfer of solid wastes.
(y) Solid waste handling services means the collection, transportation, storage and transfer of solid wastes for residential, commercial, institutional or industrial users or customers.
(z) Standard container means a metallic or plastic can with a close-fitting cover, cover handle and side bails of 36 gallons or less gross capacity and weighing not more than 65 pounds when filled; or such other container as may be approved by the Town to be provided by the solid waste handling service and by the authorized recycling agent.
(1) Hazardous Waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8, commencing with Section 114960, of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14, commencing with Section 117600, of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid

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Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(nnn) Source Separated or Source Separation shall mean materials, including commingled Recyclable Materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for Recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different Containers for the purpose of collection and Processing. (ooo) Supermarket shall mean a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(ppp) Tier One Commercial Edible Food Generator shall mean a Commercial Edible Food Generator that is one or more of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
(qqq) Tier Two Commercial Edible Food Generator shall mean a Commercial Edible Food Generator that is one or more of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue or Large Event.
(5) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

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(6) A Local Education Agency facility with an on-site Foot Facility. (rrr) Town shall mean the Town of Apple Valley.
(sss) Town Council shall mean the Town Council of the Town of Apple Valley, California. (ttt) Town Enforcement Official shall mean the Town Manager or their authorized designee(s) who are partially or wholly responsible for enforcing this Chapter. (uuu) Wholesale Food Vendor shall mean a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).

6.20.0156.20.020 Declaration of policy.
(a) In compliance with State Legislation Assembly Bill 939 (1990), the Town shall recover, through recycling, 25% of its waste stream by 1995 and 50% by the year 2000. Following practice common to high volume recovery of recyclable commodities found in municipal waste streams, the Town must control the complete flow and thereby collect 100% of the municipal waste stream. applicable laws and regulations, the Town shall strive to reduce solid waste in landfills by recovering recyclable materials and organic waste. (b) The Town shall provide for solid wasteSolid Waste, Recyclables, and Organic Materials handling services including, but not limited to, the collection, transfer and disposal of solid wasteSolid Waste within the Town.

The Town Council finds that to give practical effect to his or her policy, a comprehensive system for the periodic collection, removal and disposal of solid wasteSolid Waste, Recyclables, and Organic Materials from all premisesPremises in the Town is essential and benefits all occupants of premisesPremises in the Town and, therefore, all such occupants, unless exempt, are made liable for the solid wasteSolid Waste, Recyclables, and Organic Materials collection charges established by the Town Council for solid wasteSolid Waste, Recyclables, and Organic Materials handling services.
(c) The Town may also provide for recycling and solid waste processingSolid Waste, Recyclables, and Organic Materials Processing services which may include recycling of solid wasteSolid Waste, Recyclables, and Organic Materials from any or all premisesPremises within the Town. The Town Council finds that provision of recycling and solid waste processingSolid Waste, Recyclables, and Organic Materials Processing services benefits all occupants or premisesPremises in the Town and, therefore, all such occupants, unless exempt, are liable for recycling and solid wasteSolid Waste, Recyclables, and Organic Materials processing service charges established by the Town Council for recycling and solid waste processingSolid Waste, Recyclables, and Organic Materials Processing.

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(d) It is further in the best interests of the public health, safety, and welfare that solid waste and recyclablesSolid Waste, Recyclables, and Organic Materials collection, transfer, and disposal services within the Town be provided either by Town officers and employees directly or by exclusive contract with a qualified provider of such services.

6.20.020 Collection and disposal; to be provided for and supervised by Town.

The Town shall provide for the collection and disposal of all solid waste and recyclables from all premises within the Town at least once each calendar week. Such provisions may be made either by letting a contract or franchise, with or without advertising for bids, for a period not to exceed six years with renewal periods not to exceed three years. The Town Manager shall have charge and supervision of such collection and removal of solid waste, recyclables, and any other waste materials from the various parts of the Town so as to conform to the provisions of this Chapter and may change the same from time to time. When such routes or days of collection are established or changed, he or she shall give notice thereof in such manner as he or she deems best. Every person shall place and keep the same in such receptacles as are required in this Chapter.

6.20.0216.20.030 Mandatory participationParticipation.

Every person who owns or who has the occupancy charge or control of any occupied residentialResidential household or Commercial location within the Town limits of the Town of Apple Valley mustshall participate in the Town's solid waste and recyclables handlingSolid Waste, Recyclables, and Organics collection, Processing, and disposal services program as provided in this Chapter. This mandatory participation in the Town's solid waste and recyclablesSolid Waste, Recyclables, and Organic Materials handling services program is subject to either of the following limited variations from the provisions of this Chapter:
(a) Residential dwelling units during such period or periods in which they are continuously unoccupied for more than 60 consecutive days. (b) Applicants issued permits authorizing variations from the provisions of this Chapter pursuant to Section 6.20.170Sections 6.20.210 and 6.20.240 of this Chapter to the extent authorized under said permits.

6.20.040 Solid Waste, Recyclables, and Organics Collection, Processing, and Disposal; to be Provided for and Supervised by the Town.

6.20.023 Mandatory commercial recycling and organics diversion. (a) For purposes of this Section, the following definitions shall apply. (1) "Business" shall include any firm, partnership, proprietorship, joint-stock company, corporation, or association that is organized as a for-profit or nonprofit entity, strip mall, school, school district, special district, Federal,

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State, local, regional agency or facility. "Business" shall also include a multifamily residential dwelling of five or more units. (2) "Organic Waste" shall include food waste, green waste, landscape and pruning waste, non-hazardous wood waste, and food-soiled paper waste that is mixed with food waste.
(b) All businesses generating two or more cubic yards of solid waste per week shall reuse, recycle, compost, or otherwise divert its commercial solid waste from disposal by taking one, or any combination, of the following actions:
(1) Source separate recyclable and organic waste from the solid waste and subscribe with the Town's franchise solid waste hauler for the pick-up of the recyclable materials and organic waste separately from the solid waste to divert them from disposal; or
(2) Apply for exception to this Section for reasons including, but not limited to:
(i) Source separate recyclable and organic waste from the solid waste and self-haul them to the Victor Valley Materials Recovery Facility (MRF) or other mixed waste or organic waste processing facility for diversion from disposal;
(ii) Demonstrate compliance with the requirements of this Section to the Town Manager or their designee with satisfactory proof of acceptable recyclable and organic waste diversion;
(iii) Demonstrate a lack of sufficient space to provide additional recycling or organic waste recycling bins;
(iv) Apply for limited term exceptions for extraordinary and unforeseen events; and
(v) Proof of compliance is required for approval and shall be made available for inspection by Town personnel when requested for periodic compliance audits.
(3) Multi-family dwellings are required to divert green waste and landscape and pruning waste only and are not required to have a food waste diversion program under this Section.
(c) Nothing in this Section is intended to prevent or limit the existing right of any business to donate, sell or otherwise dispose of its own recyclable materials as provided by Public Resources Code § 41952.

6.20.025 Solid waste and recyclables handling services; to be provided for and supervised by Town.
(a) The Town shall provide for solid waste and recyclables handlingSolid Waste, Recyclables, and Organics collection, Processing, and disposal services which shall include collection of all solid waste and recyclables from all premisesSolid Waste, Recyclables, and Organic Materials from all

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Premises within the Town as may be specified by agreement. The Town may determine all of the following:
(1) Compliance in disposal of solid waste and recyclablesSolid Waste, Recyclables, and Organic Materials in a manner described herein shall be mandatory for all waste generatorsGenerators within the Town of Apple Valley.
(2) Aspects of solid waste and recyclablesSolid Waste, Recyclables, and Organics handling, Processing, and disposal which are of local concern including, but not limited to, frequency of collection, means of collection and transportation, Source Separation of Recyclable Materials and Organics from other Solid Waste, designated Solid Waste, Recyclable Materials, and Organics collection locations, level of services, charges and fees, and the nature, location and extent of providing solid waste and recyclablesSolid Waste, Recyclable Materials, and Organics handling services.
(3) Whether the services are to be provided by means of non-exclusive, partially exclusive, or wholly exclusive franchise or contract, either with or without competitive bidding, or if, in the opinion of the Town Council, the public health, safety, and well-being so require, the authority to provide solid waste and recyclablesSolid Waste, Recyclables, and Organics handling services may be granted under terms and conditions prescribed by the Town Council by resolution or ordinance. The Town Council may grant an option for an additional period for such solid waste and recyclables handling servicesperiods that extend such agreement for the same.
(4) The Town Manager or his or her designee shall have charge and supervision of such solid waste and recyclablesSolid Waste, Recyclables, and Organics handling services from the various parts of the Town so as to conform to the provisions of this Chapter. When such routes or days of collection are established or changed, he or she shall give notice thereof in such a manner as he or she deems best. Every person shall place and keep solid waste material from any premise in the Town in receptacles as are required in this Chapter.

6.20.030 Solid waste and recyclables processing services; to be provided for and supervised by Town.
(a) The Town may provide solid waste and recyclables processing services which may include solid waste and recyclables from all premises within the Town. Such services may include designation of an authorized recycling agent. The Town may determine all of the following:

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(1) Aspects of solid waste and recyclables processing which are of local concern including, but not limited to, recyclables segregation from other solid waste, designated solid waste and recyclables collection locations, level of services, charges and fees and nature, location and extent of providing solid waste and recyclables processing services.
(2) Whether the services are to be provided by means of non-exclusive franchise or contract, either with or without competitive bidding, or if in the opinion of the Town Council, the public health, safety and well-being so require the authority to provide solid waste and recyclables processing services may be granted under terms and conditions prescribed by the Town Council by resolution or ordinance. The Town Council may grant an option for an additional period for such solid waste and recyclables processing services.
(3) The Town Manager shall have charge and supervision of authorized solid waste and recyclables processing services from the various parts of the Town so as to conform to the provisions of this Chapter. When such routes or days of collection are established or changed, he or she shall give notice thereof in such manner as he or she deems best. Every person in the Town shall place solid waste and recyclables in such designated receptacles as are required in this Chapter for collection at designated solid waste and recyclables collection locations.

6.20.035 Persons authorized to collect, transport or dispose of solid waste and recyclables.

The Town and its duly authorized agents, servants and employees, or any contractors with whom the Town may at any time enter into a contract or franchise therefore, and the agents, servants and employees of such contractors, while any such contract shall be in force, shall have the exclusive right to provide solid waste and recyclables handling services from all premises in the Town; and no person other than those above specified shall provide solid waste and recyclables handling services, convey or transport any solid waste or recyclables in, along or over any public street, alley or highway in the Town, or take any solid waste or recyclables from any receptacle in which the same may be placed for collection or removal, or interfere with or disturb any such receptacle, or remove any such receptacle from any location where the same is placed by the owner thereof, except as follows:
(a) Contractors or builders removing solid waste or recyclables from their construction sites; or
(b) Any person holding a valid Town business license to engage in the nursery or gardening business or to any person removing shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from any property owned or occupied by such person; or
(c) Any person removing industrial wastes or industrial recyclables, as defined in Section 6.20.010; or

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(d) Any person removing large or oversized items of solid waste or recyclables from their premises; or
(e) Any person applying and obtaining a permit in writing from the Town for removing solid waste or recyclables; or
(f) Any person may recycle his or her own recyclables generated within his or her principle residence to the extent permitted by law.

6.20.0406.20.050 Insurance requiredRequired.
(a) The contractorContractor shall provide the Town Clerk with certificates from insurance companies, acceptable to the Town Manager, showing that the Town is named as an additional insured, that the insurance is primary and not contributing with any other insurance available to the Town, and that the liability coverage provides the following minimum limits: is in an amount acceptable to the City.

1. Bodily injury $10,000,000.00 each
person
$10,000,000.00 each occurrence;

2. Property damage $10,000,000.00 each
person
$10,000,000.00 each occurrence; or

3. Combined single $10,000,000.00 aggregate bodily limit injury and property damage.
(b) Such insurance shall be in full force and effect during the terms of the contract.
(c) The Town reserves the right to increase the amounts of insurance consistent with the terms and conditions of contract, and the contractorContractor shall immediately comply with said increase.

6.20.0456.20.060 Surety bond requiredBond Required.

The contractorContractor who contracts with the Town for the removal and disposal of garbage, rubbish and swillSolid Waste shall be required to furnish a surety bond to the Town in the sum of $25,000.00an amount acceptable to the City, conditioned upon the faithful performance of the contract and the provisions of this Chapter, to collect all garbage, rubbish and swillSolid Waste, Recyclables, and Organic Waste in the Town and transport the same through the streets and public ways of the Town to such destination as provided in this Chapter. The Town reserves the right to increase the amounts of the surety bond requirement consistent with the terms and conditions of contract, and the Contractor shall immediately comply with said increase.

6.20.0506.20.070 Contractor to indemnify and hold harmlessIndemnify and Hold Harmless the Town.

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The contractorContractor shall indemnify and hold harmless the Town, its officers, agents and, employees for, and volunteers for, from, and against any and all claims, losses, liabilities, demands, actions, or suits of every kind or nature arising or resulting from the contract, excepting Town take-over and operation of contractor's equipment, or any operation of the contractorContractor hereunder or in exercising any license or privilege granted to him or her by the contract or by an ordinance of the Town. Contractor shall upon demand of the Town, at his or her sole cost and expense and with attorneys selected by the Town, provide a defense for the Town and its officers, agents, and employees against any and all claims, actions, or suits brought against the Town or its officers, agents, and employees arising or resulting from or in any connection with the operations of contractorContractor pursuant to the contract. Contractor’s obligation to indemnify the Town shall not extend to claims, losses, liabilities, demands, actions, or suits resulting from a Town take-over and operation of Contractor's equipment.

6.20.0556.20.080 Worker's compensation insuranceCompensation Insurance.

The contractorContractor and his or her subcontractors, if any, shall obtain and maintain in full force and effect throughout the entire term of the contract, full worker's compensation insurance in accordance with the provisions and requirements of the Labor Code of the State of California and any other applicable law. Certificates of such insurance, subject to approval by the Town Attorney, shall be filed with the Town Clerk.

Said certificate shall provide that the Town shall be given 30 days written notice by certified or registered mail prior to cancellation.

6.20.060 Persons authorized to process solid waste and recyclables.

The Town and its duly authorized agents, servants and employees, or any contractors with whom the Town may at any time enter into a contract or franchise therefore, and the agents, servants and employees of such contractors, while any such contract shall be in force, shall have the exclusive right to provide solid waste and recyclables processing services from all premises in the Town; and no person other than those above specified shall provide solid waste and recyclables processing services, convey or transport any solid waste or recyclables in, along or over any public street, alley or highway in the Town, or take any solid waste or recyclables from any receptacle in which the same may be placed for collection or removal, or interfere with or disturb any such receptacle, or remove any such receptacle from any location where the same is placed by the owner thereof, except as follows:
(a) Contractors or builders removing solid waste and recyclables from their construction sites;
(b) Any person holding a valid Town business license to engage in the nursery or gardening business or to any person removing shrubbery, grass, tree cuttings, tree trimmings or other agricultural debris from any property owned or occupied by such person, for the purpose of composting;
(c) Any person removing industrial waste or industrial recyclables as defined in Section 6.20.010 or any person removing large or oversized items of solid waste or recyclables from their premises; or

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(d) Any person applying and obtaining a permit in writing from the Town for removing solid waste or recyclables; or
(e) Any person may recycle his or her own recyclables generated within his or her principal residence to the extent permitted by law.

6.20.065 Owner may contract for excess collection.

Any owner or occupant of any premises may contract with the contractor for special services for handling solid waste and recyclables in excess of regular services.

6.20.0706.20.090 Collection scheduleHours.

All Solid Waste, Recyclables, and Organic Waste collection shall be made as quietly as possible. The Town Council may fix and determine the hours of collection by resolution.

6.20.100 Collection Schedule.

All solid waste and recyclables shall be collected and removedContractor shall collect and remove all Solid Waste, Recyclables, and Organic Materials at least weekly.

All solidsuch waste accumulated in hotels, restaurants, and markets within the Town shall be collected and removed at least twice weekly.
(a) The Town Manager or his or her designee may require a greater frequency of collections per week or larger Containers, including capacity bin(s), dumpster(s) or cart(s) upon finding that an unhealthy, unsightly, or public nuisance condition is created due to the minimum collection frequency.

6.20.075 Collection hours.

All solid waste and recyclables collection shall be made as quietly as possible. The Town Council may fix and determine the hours of collection by resolution.

6.20.085 Fees to be based on types of occupancies; types of occupancies defined.

The fees to be paid for solid waste handling services and recycling services shall be placed on the type of occupancy and use of the place or premises in the Town. The different occupancies and uses are defined as follows:
(a) "Commercial use" is premises upon which is located at any type of business requiring a business license under the provisions of this Code or other ordinances of the Town and multi-family dwelling units. (b) "Residential use" is premises upon which is located only one dwelling unit.

6.20.090 Collection fees.
(a) The property owner or owners of record of any place or premises within the Town, where any solid waste or recyclables accumulate shall pay, or cause to be paid, to the Town a fee in such amounts and in such manner as shall be established or

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required by the Town Council for the service of having such solid waste or recyclables collected and removed from the place or premises. Any account set up and maintained for the collection of solid waste and recyclables collection fees contemplated by this Chapter shall be in the name of the property owner or owners of record only, and the property owner or owners of record shall be solely responsible for payment of the fees established.
(b) Nothing in this Section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments of solid waste and recyclables collection fees are made by a tenant or tenants or any agent on behalf of the owner. However, any such arrangement will not affect the property owner of record's obligation to the contractor or the Town for the refuse collection fees. (c) All solid waste and recyclables collection fees shall be billed and collected in accordance with rules and regulations adopted by the Town Council.

6.20.095 Solid waste and recyclables collection fee a debt.

The solid waste and recyclables collection fee shall be a civil debt owing the Town from the owner or owners of record of any place or premises within the Town where any solid waste and recyclables accumulate. If an invoice for solid waste and recyclables collection service is unpaid 60 days after mailing, a penalty of 10% shall be charged and an additional 1½% per month shall be charged until the charges and penalties are paid in full. If court action is taken to enforce non-payment of charges, the property owner or owners of record shall pay all reasonable attorney fees incurred by the Town.

6.20.100 Collection procedure for delinquent accounts—Creation of lien.

Any fees authorized pursuant to Section 6.20.090 which remain unpaid after the delinquent date as set forth in Section 6.20.095 may be collected thereafter by the Town as provided in this Section.
(a) The Town Council shall cause a report of delinquent solid waste handling and recycling fees to be prepared periodically. The Council shall fix a time, date and place for hearing the report and any objections or protests thereto. (b) The Town Council shall cause notice of hearing to be mailed to the property owner or owners listed on the report not less than 15 days prior to the date of hearing.
(c) At the hearing, the Town Council shall hear any objections or protests of the property owner or owners liable to be assessed for delinquent fees. The Town Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. (d) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent fees plus administrative costs. A certified copy of the confirmed report shall be filed with the Town for the amount of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches, upon

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recordation in the Office of the County Recorder, a certified copy of the Resolution of Confirmation. The assessment may be collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of Town ad valorem property taxes shall be applicable to such assessment.

6.20.105 Disposal, recycling and processing; locations and conditions.

All solid waste and recyclables collected in the Town for disposal, recycling or processing shall be delivered by the contractor to such locations and under such conditions as the Town Council may designate.

6.20.110 Disposal, recycling and processing; to be on same day as collection.

Solid waste shall be delivered to the place provided for the disposal thereof, as provided for in this Chapter, on the same day that such solid waste is collected.

6.20.1156.20.110 Vehicle requirementsRequirements.

All solid wasteSolid Waste, Recyclables, and Organic Materials shall be transported by Contractor in metal lined containersContainers that are leak proof and so constructed as to prevent solidsuch waste from falling, leaking, spilling or escaping, or any odor therefrom. The solid waste, from the time that the last pickup of the solid waste is placed upon the truck and to the point of disposal,from escaping. All Solid Waste, Recyclables, and Organic Materials shall be covered by a tarpaulin or other suitable covering from the time of last pickup and to the point of disposal. Every truck so used for the hauling of solid wasteSolid Waste, Recyclables, and Organic Materials shall be washed at least once a week and, steam-cleaned once a month, and kept in a wellpainted condition. All solid wasteSolid Waste, Recyclables, and Organic Materials shall be removed, conveyed, and disposed of in such a manner as not to be a nuisance, menace, or danger to the public peace, health, and safety, and shall be in accordance with any additional rules or obligations as providedset by resolution of the Town Council.

6.20.120 Container for solid wasteContractor to Provide Containers for Solid Waste.

The TownContractor shall provide aall Residential and Commercial Generators one or more watertight containerContainers for holding solid waste and recyclablesSolid Waste, Organics, and Recyclables. Such Containers shall be standard Containers as defined in Section 6.20.010 and in accordance with the provisions set forth in 14 CCR, Division 7, Chapter 12, Article 3. It shall be the responsibility of the residentResidential or Commercial customer to maintain containers provided by the Townsaid Containers in a safe, clean, and sanitary condition. Containers shall have a close-fitting cover to prevent insects, including flies, rodents and other animals, from coming into contact with contents.

No containerContainers shall have no irregular surfaces or be in a condition which is likely to cause injury to persons moving or lifting them. Such receptacles shall be standard containers as defined in Section 6.20.010. Handling of solid waste and recyclable containers whereAll Containers whose weight limits are exceeded shall be made in

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accordance with special rules and regulations providedmay be subject to additional handling fees as approved by resolution of the Town Council. It shall be the duty of every person served to keep the receptacles used in the service of such person in a clean and sanitary condition.

6.20.125 Uses for containers provided.

The Town shall provide two or more containers for the expressed and respective purpose of recycling and disposal of solid waste. The container for recyclables shall be identified by color. Recyclables shall be placed in a commingled fashion and may include, but not limited to, all rigid plastic containers, glass jars, all paper, newsprint and glossy paper, cardboard, tin cans and aluminum. All solid waste shall be placed in a separate container designated by color for disposal.

6.20.130 Uses for containers provided, condemnationInformation to be Furnished to Finance Department by Contractor Each Month.

If the provisions of Sections 6.20.120 and 6.20.125 are not fully complied with, the collector shall place a red tag on the container. No collection shall be made therefrom until such container is fully cleaned, sanitized or otherwise repaired.

6.20.131 Reserved.

Editor's note(s)—Ord. 128, adopted Nov. 9, 1993, deleted § 6.20.131, which derived from Ord. 123.

6.20.1356.20.140 Container; removalRemoval and storageStorage. (a) Pursuant to California Code of Regulations, Title 14 CCR, Division 7, Chapter 3, Article 5, Section 17331(H), all refuseSolid Waste, Recyclables, and Organic Materials created, produced, or accumulated in or about a residentialResidential unit in the Town shall be removed from the premisesPremises at least once each week. It is unlawful and a misdemeanor for the occupant of any of the above-described premises to fail or neglect(1) Failure to provide for the removal of solidsuch waste at least as often as prescribed in this Section. is prohibited. (2) Each day's violation of this Sectionday beyond the time specified in this Section that a Generator permits Solid Waste, Recyclables, and Organic Materials to remain on the Premises in a manner not authorized by this chapter shall be treated and considered as a separate and distinct offense.

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(b) Pursuant to 14 CCR, Division 7, Chapter 3, Article 5, Section 17331(H), storage of or accumulating any Solid Waste in any Container or at any location other than as set forth in this Chapter is prohibited.

6.20.150 Hazardous Waste Prohibited; Unauthorized Disposal of Waste Prohibited. (a) Depositing Hazardous Waste or household Hazardous Waste in any Container to be collected for disposal by the Town’s Contractor is prohibited.
(b) It is unlawful and a misdemeanor for any person to burn, bury, or dump solid wasteSolid Waste, Recyclables, and Organic Materials within the Town at any time unless a special permit for such burning, burial, or dumping has been issued pursuant to authority conferred by the Town Council and/or the agency providing fire protection services within the Town. (c) Pursuant to California Code of Regulations, Title 14, Division 7, Chapter 3, Article 5, Section 17331(H), it is unlawful and a misdemeanor for any person to store or accumulate any refuse in any container or at any location other than as hereinabove set forth, or for any length of time other than as follows:
(1) Solid waste shall not be stored or accumulated for a period of time in excess of one week (seven days).

6.20.140 Uses for container provided; hazardous waste not allowed.

It is unlawful for any person to deposit hazardous waste or household hazardous waste, as defined by the State, in any container to be collected for disposal by the Town's solid waste handler. The Town's solid waste handler shall not provide solid waste handling for any hazardous waste or household hazardous waste.

6.20.145 Reserved.

Editor's note(s)—Ord. 245, adopted Oct. 9, 2001, repealed § 6.20.145, which pertained to solid waste; placement for collection.

6.20.1506.20.160 Container; mannerManner of placementPlacement.

Each solid waste containerSolid Waste, Recyclables, and Organic Materials Container shall be kept or placed in the following manner: It shall be kept on the premises of the person receiving the contained.
(a) It shall be kept on the Premises of the person receiving the Container. (b) It shall be placed for collection as follows: On the curb (or aton the street), curbside, in front of the premisesPremises occupied by the person placing the same or on the curb (or at the street) at the side of the premises where the premises are adjacent to more than one street. on street, curbside, or according to other arrangements made with Contractor.

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(c) Each containerContainer containing solid wasteSolid Waste, Organics, and/or Recyclable Materials shall be so placed for each respective collection period not later than the hour upon which the collection is scheduled to so commence in the district in which the premises are located for this period, and shall not be placed earlier than 12 hoursno sooner than sunset prior to the time that thescheduled collection isday and removed from the street after collection on scheduled to so commence and shall not remain when placed at the curb for more than 12 hours after the time of collection day.

6.20.170 Removal of Material By Persons Not Authorized.

No person other than the Contractor shall provide Solid Waste, Recyclables, and/or Organic Materials handling services, nor convey or transport Solid Waste, Recyclables, and/or Organic Materials in, along, or over any public street, alley, or highway in the Town, nor take any Solid Waste, Recyclables, and/or Organic Materials from any Container in which the same may be placed for collection or removal, or interfere with or disturb any such Container, or remove any such Container from any location where the same is placed by the owner thereof, except as follows:
(a) Builders or contractors removing Solid Waste or Recyclables from their construction sites in accordance with Chapter 8.19 of this Code; or (b) Any person holding a valid Town business license to engage in the nursery or gardening business removing shrubbery, grass, tree cuttings, tree trimmings, or other agricultural debris, or any person removing the same from any property owned or occupied by such person; or
(c) Any person removing large or oversized items of Solid Waste, Recyclables, and/or Organic Materials from their Premises; or
(d) Any person applying or obtaining a permit in writing from the Town for the removal of Solid Waste, Recyclables, and/or Organic Materials; or (e) Any person Recycling their own Recyclables generated within their principle residence, to the extent permitted by law.

6.20.155 Inspection and supervision6.20.180 Annual review.

It shall be the duty of the Town Manager, or his or her designee, to inspect and supervise all trucks, carts or other vehicles used by the contractor in the collection and disposal of solid waste and see that the same are kept clean and sanitary. The Town Manager, or his or her designee, shall enforce the provisions of this Chapter, inspect any and all premises where solid waste is kept or accumulated for the purposed of determining sanitary conditions and investigate whether the provisions of this Chapter and all laws and ordinances of the Town and the State are in compliance.

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Apple Valley City CouncilFebruary 22, 2022

Apple Valley City Council
February 22, 2022