Apple Valley City Council
August 23, 2022

APPLE VALLEY TOWN COUNCIL
AGENDA

Tuesday, August 23, 2022, 6:30 p.m.

Council Chamber

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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
Pastor Hector Garcia - Calvary Baptist Church

2.2. Pledge of Allegiance

2.3. Presentations

3. Public Comments

4. Councilmember Committee/Commission/Community Participation 5 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 - September 13, 2022 - Council Chambers Regular Session at 6:30 p.m.

6. Town Council Consent Agenda
Recommended Motion:

To approve the Consent Calendar items numbered 6.1-6.6 as recommended.

6.1. APPROVAL OF MINUTES 7
That the Town Council approve the subject minutes as part of the consent agenda.

6.2. QUARTERLY TREASURER'S REPORT – APRIL – JUNE 2022 15 That Town Council receive and file the April-June 2022 Quarterly Treasurer’s Report.

6.3. AWARD MICROSURFACE 2022 25
Award a contract to VSS International, Inc. for the Microsurface 2022 Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;

6.4. ADOPT THE 2022-2027 MEASURE I FIVE YEAR PLAN 29
That the Town Council Approve FY 2022/2023 through
2026/2027 Measure I 5-year Plan
A.

Adopt Resolution No 2022-34 “A Resolution of the Town Council of the Town of Apple Valley, State of California, Adopting the Measure I Five Year Capital Improvement Program”
B.

6.5. CONSENT TO ADVERTISE COLD MIX OVERLAY 2022 PROJECT 34 That the Town Council review and approve the bid documents for the Cold Mix Overlay 2022 project.

A.

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

6.6. HISTORICAL ADVISORY COMMITTEE BOOK ON THE APPLE

VALLEY AIRPORT
38 It is the request of the Historical Advisory Committee that the Town Council review and approve the final draft of the Apple Valley Airport Book titled “How the Apple Valley Airport Got Its Wings”.

7. Public Hearings

7.1. PUBLIC HEARING AND RESOLUTION APPROVING AN AMENDMENT

TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH BURRTEC
WASTE INDUSTRIES, INC. FOR THE COLLECTION AND HANDLING

OF SOLID WASTE, RECYCLABLES, AND ORGANIC WASTE AND

ADOPTING THE SOLID WASTE SERVICE RATES
63 Consider the approval of an amendment to the exclusive franchise agreement for the collection and handling of solid waste, recyclables, and organic waste and consider new or increased solid waste service rates:

A. Open Public Hearing to hear public comments.

Close Public Hearing after all public comments have been heard, and determine if written protests have been received from the owners of the majority of parcels which are subject to the solid waste service rate increases.

B.

If no majority protest exists, adopt Resolution No. 2022-35 Approving an Amendment to the Exclusive Franchise Agreement with Burrtec Waste Industries, Inc. for the Collection, and Handling of Solid Waste, Recyclables, and Organic Waste and Adopting the Solid Waste Service Rates
C.

8. Business of the Council

8.1. DISCUSSION OF SHORT-TERM RENTAL OPTIONS 111
That the Town Council receive an oral presentation from the Town Attorney regarding various options for addressing short-term rentals, discuss said options, and provide appropriate direction.

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:

11.1. CLOSED SESSION 112
Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9:
(1) Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.; and (2) Town of Apple Valley vs. Apple Valley Ranchos Water Company, et al., Court of Appeal Case No.

E078348.

12. Adjournment
Recommended Motion:

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

TOWN OF APPLE VALLEY

TOWN COUNCIL SERVING ON BOARDS, COMMITTEES & COMMISSIONS

CITIZEN ADVISORY COMMITTEES

HISTORICAL ADVISORY COMMITTEE (HAC)
Council Member Cusack
Meets every 2nd Tuesday 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

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.

Town Council Agenda Report
Date: August 23, 2022
To: Honorable Mayor and Town Council
Subject: APPROVAL OF MINUTES

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 approve the subject minutes as part of the consent agenda.

SUMMARY:

A. Regular Meeting August 09, 2022

Apple Valley Town Council

MINUTES
August 9, 2022, 6:30 p.m.

Council Chamber
Members Present: Mayor Kari Leon
Mayor Pro Tem Art Bishop
Council Member Larry Cusack
Council Member Curt Emick
Council Member Scott Nassif
_____________________________________________________________________

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 Kit Johnson - Life Point Baptist Church

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

2.3 Presentations

3. Public Comments
Janice Dugle, Apple Valley, requested the Town Council immediately place on the agenda the concerns expressed at the last meeting regarding short term rentals.

Claudia Adams, Apple Valley, also requested the Town Council to place on the agenda an item to discuss short term rentals.

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.

Town Council Regular Meeting August 9, 2022
2 Councilmembers may also make brief reports on their community participation.

No formal action will be taken.

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

Council Member Emick 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.

During this time, Doug Robertson, Town Manager, provided an update on the status of the report to discuss short term rentals.

5. Town Council Announcements

5.1 Suggested items for next Agenda
Mayor Pro Tem Bishop discussed HR5355, the Desert Community Lands Act and a potential land swap. He questioned whether or not a report would be prepared on this issue.

Doug Robertson, Town Manager, provided an update and status on the bill and stated that staff will conduct additional research to provide to Council at a later date.

5.2 Time, Date & Place for Next Town Council Regular or Special Meeting A. Regular Meeting - August 23, 2022 - Council Chambers Regular Session at 6:30 p.m.

6. Town Council Consent 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

Town Council Regular Meeting August 9, 2022
3 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 Christian Brothers as a source of income to her businesses. Mayor Leon also has a financial interest in warrants dealing with Solution Strategies as a former landlord to this business. 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 these items.

Guy Eisenbrey, Director of Public Works, presented a brief report on this item for the benefit of the Town Council and the public explaining the demolition process for Agenda Item 6.6.

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

Yes (5): Mayor Leon, Mayor Pro Tem Bishop, Council Member Cusack, Council Member Emick, and Council Member Nassif
Carried (5 to 0)

Town Council Regular Meeting August 9, 2022
4 6.1 APPROVAL OF MINUTES
That the Town Council approve the subject minutes as part of the consent agenda.

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

6.4 APPROVE PURCHASE OF GODWIN DIESEL PUMP FOR SEWER LIFT

STATIONS
Approve purchase of a Godwin diesel pump from Xylem, Inc. in the amount of $58,389.98.

6.5 ADOPT RESOLUTION NO. 2022-33 APPROVING A LEASE
AGREEMENT WITH JULES AND ASSOCIATES, INC. FOR A VACTOR

IMPACT TRUCK
Adopt Resolution No. 2022-33 approving Lease No. 20073227, price quote/bid of $324,291.94 from Jules and Associates, Inc. for a new HAAKER Equipment Company Vactor Impact Combination Machine, and authorize the Director of Finance to place the order to lease the Vactor machine for use in the Town of Apple Valley Wastewater sewer lines.

6.6 AWARD THE HILLTOP HOUSE DEMOLITION PROJECT
Award a contract to LCR Earthwork & Engineering, Corp. for the Hilltop House Demolition Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager

6.7 ACCEPTANCE OF WORK FOR LANDSCAPE ASSESSMENT
DISTRICT L-3 FENCING
A. Accept the work completed by All American Fence Erectors as part of the Landscape Assessment District L-3 Fencing project for a total contract cost of $94,366.50.

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

Town Council Regular Meeting August 9, 2022
5 C. Direct the Director of Finance to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

6.8 GOLF COURSE CART LEASE CONTRACT
Authorize the Town Manager to negotiate and execute the lease agreement, and any related documents, for the leasing of forty-five (45) EZ-GO RXV Elite Golf Carts with PNC Bank, National Association.

7. Public Hearings - Continued

7.1 APPLE VALLEY VILLAGE PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT (“VILLAGE PBID”): TOWN BALLOT, LEVY

OF ASSESSMENTS AND PUBLIC HEARING ON

RENEWAL/BOUNDARY MODIFICATION
A. That the Town Council approve the ballot in support of the renewal/boundary modification of the Apple Valley Village Property and Business Improvement District (“Village PBID”), as owner of certain properties located in the proposed PBID, and authorize the Town Manager to sign and vote YES on behalf of the Town.

B. That the Town Council continue the public hearing concerning the renewal/boundary modification of the Village PBID.

C. That the Town Council close the public input portion of the public hearing.

D. That the Town Council recess in order that the Town Clerk may tabulate the ballots for and against the renewal/boundary modification.

E. That the Town Council close the public hearing.

F. That the Town Council, if a weighted majority of the ballots are in support of the renewal of the district, adopt Resolution 2022-32 renewing and modifying the boundaries of the Village PBID and levying assessments in the Village PBID for FYs 2022-23 to 2032- 33 Council Member Cusack stated that he had a potential conflict of interest on this item and therefore was excused from the dais.

Council Member Nassif stated that he had a potential conflict of interest on this item and therefore was excused from the dais.

Town Council Regular Meeting August 9, 2022
6 COUNCIL MEMBER CUSACK WAS EXCUSED FROM THE DAIS AT
7:05 P.M.

COUNCIL MEMBER NASSIF WAS EXCUSED FROM THE DAIS AT
7:05 P.M.

Mayor Leon re-opened the public hearing at 7:06 p.m.

Kenny Sousa, Public Information Specialist, presented the staff report as filed with the Town Clerk.

Ed Henning, PBID Consultant/Assessment Engineer, updated the Town Council on the assessment process.

There being no requests to speak, Mayor Leon closed the public hearing at 7:16 p.m.

RECESSED MEETING
Mayor Leon declared a recess at 7:16 p.m. in order that the Town Clerk may tabulate the ballots for and against the renewal/boundary modification.

RECOVENED MEETING
Mayor Leon reconvened the meeting of the Apple Valley Town Council at 7:35 p.m.

La Vonda Pearson, Town Clerk, read the tabulation of ballots as follows:

All Votes Cast: $97,117.46 100%
Yes Votes Cast: $79,087.54 81.43%
No Votes Cast: $18,029.92 18.57%
Motion by: Mayor Pro Tem Bishop
Seconded by: Council Member Emick
That the Town Council adopt Resolution 2022-32 renewing and modifying the boundaries of the Village PBID and levying assessments in the Village PBID for FYs 2022-23 to 2032-33
Yes (3): Mayor Leon, Mayor Pro Tem Bishop, and Council Member Emick Abstained (2): Council Member Cusack, and Council Member Nassif Carried (3 to 2)

Town Council Regular Meeting August 9, 2022
7 8. Business of the Council

9. Reports, Requests and Communications

10. Town Manager’s Comments & Legislative Update
Doug Robertson, Town Manager, provided an update of upcoming events and activities in the Town of Apple Valley including the State of the Town Address.

He noted that this year in addition to the luncheon event, the Town will provide an evening event called “The Taste of the Town” for the public and invited everyone to attend.

11. Closed Session
To Adjourn the regular meeting to move into Closed Session at 7:44 p.m. to discuss the following:

11.1 CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: Li v.

Town of Apple Valley, San Bernardino Superior Court, CIVSB 2120936 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Town
Manager
C. CONFERENCE WITH LABOR NEGOTIATORS Agency designated
representatives: Mayor or designee; Unrepresented employee: Town Manager
Upon returning from Closed Session at 8:53 p.m., Town Attorney Rice announced that there was no reportable action taken.

12. Adjournment
To adjourn the meeting of the Apple Valley Town Council at 8:54 p.m.

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

Town Council Agenda Report
Date: August 23, 2022
To: Honorable Mayor and Town Council
Subject: QUARTERLY TREASURER’S REPORT – APRIL – JUNE 2022

From: Douglas Robertson, Town Manager
Submitted by: Sydnie Harris, Director of Finance
Finance
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That Town Council receive and file the April-June 2022 Quarterly Treasurer’s Report.

SUMMARY
The April – June 2022 Treasurer’s Report is attached for Town Council review. The attached investment portfolio for the fiscal year-to-date period ended June 30, 2022 is presented to Town Council for Council’s review. The portfolio is in compliance with the investment policy and there is adequate liquidity in the portfolio to meet the next six months of expenditures.

BACKGROUND
Under provisions of Section 53646 of the California Government Code, the Treasurer or his/her designee shall render a quarterly investment report to the Town Council, the Town Manager, and the Town Attorney within 30 days following the end of the quarter covered by the report.

Attached is the Treasurer’s Report for the period ended June 30, 2022. This investment performance report lists the various types of securities, institutions the securities were purchased from, maturity dates and interest rates for all securities held in the Town’s investment portfolio as of the end of the reporting period. All of the Town’s investments as of June 30, 2022, are in compliance with the Investment Policy adopted by Council on June 23, 2021 and the California Government Code except as may otherwise be noted or disclosed herein. All market values provided in this report were obtained from the various financial institutions associated with the various accounts. Market values for LAIF were provided by the State Treasurer’s Office. The market value shown for the Town’s LAIF investment represents the Town’s contractual rights to its LAIF account and does not represent the value of the underlying portfolio securities. As of June 30, 2022, the

Town has adequate cash reserves necessary to meet its obligations for the next six months.

COMPLIANCE REPORTING
The Town’s investment portfolio is in compliance with the Town’s adopted investment policy and applicable State laws during, and as of the end of, the reporting period.

Also, attached for informational purposes, is the preliminary Schedule of Revenues, Expenditures and Changes in Fund Balance for the Apple Valley Golf Course Fund for the period ending June 2022.

FISCAL IMPACT
The Town’s investment portfolio has adequate liquidity to meet the budgeted and actual expenditures of the Town for the next six months.

ATTACHMENTS
A. Treasurer’s Report
B. Apple Valley Golf Course Fund Schedule

Town Council Agenda Report
Date: August 23, 2022
To: Honorable Mayor and Town Council
Subject: AWARD MICROSURFACE 2022
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Award a contract to VSS International, Inc. for the Microsurface 2022 Project subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager;

BACKGROUND
As part of the Town’s annual paving priorities, staff evaluated local roadways and determined priority areas in need of maintenance. The Project generally consists of providing necessary labor, equipment, and materials for the application of microsurface on various roadway segments in the Town of Apple Valley.

On August 4, 2022, the Town received and opened bids for the subject project. The bid results are as follows:

Contractor Base Bid Price

1. VSS International, Inc. $320,120.00

2. American Asphalt South $334,935.75

3. Pavement Coatings Co. $366,650.00

4. Doolittle Construction, LLC. $397,105.00

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

FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2022-2023 budget using RMRA funds (2011-5010-9525-0000).

ATTACHMENTS
A. Segment List
B. Segment Map

SEGMENTS LIST
Street From To
Apple Valley Rd Ohna Rd Falchion Rd
Falchion Rd Apple Valley Rd Outer I-15 S
Johnson Rd Navajo Rd Central Rd
Waalew Rd Navajo Rd Joshua Rd

Town of Apple Valley Microsurface 2022 (For Reference Only) Not to Scale Falchion Rd Apple Valley Rd Waalew Rd Johnson Rd Page 28 of 112
Town Council Agenda Report
Date: August 23, 2022
To: Honorable Mayor and Town Council
Subject: ADOPT THE 2022-2027 MEASURE I FIVE YEAR PLAN
From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Interim Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. That the Town Council Approve FY 2022/2023 through 2026/2027 Measure I 5-year Plan
B. Adopt Resolution No 2022-34 “A Resolution of the Town Council of the Town of Apple Valley, State of California, Adopting the Measure I Five Year Capital Improvement Program”

SUMMARY
Pursuant to the requirements of the Measure I, which was renewed by the voters in 2004, each local jurisdiction receiving Measure I funds must annually adopt a Five-Year Capital Improvement Plan, which outlines the specific projects upon which those funds shall be expended.

In addition to accounting for the Measure I local pass-through funds, the Town is required to provide San Bernardino County Transportation Authority (SBCTA) with an updated master list of projects eligible for Major Local Highways funding.

BACKGROUND
The plan and a Resolution adopting the Measure I Expenditure Plan for FY 2022/2023 through 2026/2027 for the Town of Apple Valley are attached. This Measure I 5-Year Plan may be revised at any time should the Town Council find it appropriate to do so, due to various reasons, such as project schedule adjustments, and recent approved grant allocations. The proposed list of projects aligns with the adopted FY 2022/2023 budget and Capital Improvement Plan.

FISCAL IMPACT
The attached Measure I 5-Year Plan identifies proposed expenditures for the current year, and projected expenditures for the next 5 fiscal years. However, approval of this plan does not commit funding for these projects. Funding allocation will be recommended and included during the annual budget process.

ATTACHMENTS
A. Expenditure Strategy
B. Resolution 2022-34
C. List of Projects

TOWN OF APPLE VALLEY

MEASURE I CAPITAL IMPROVEMENT PLAN

EXPENDITURE STRATEGY
Fiscal Year 2022/2023 – Fiscal Year 2026/2027
Measure I Local Pass-Through Funds will be used by the Town of Apple Valley for a variety of transportation related projects, including adding capacity to our regional arterial system, reconstruction, and regular and periodic maintenance of existing roadways.

These Measure I funds allocated for the Town’s local street program (68%) are allocated with a minimum of 50% of the funds expended on these roads identified specifically on our plan (categorical). For those roads specifically identified within the plan, some require that the Town accumulate Measure I revenue for such large projects. The balance of these funds, up to 50% of the total fund are identified for reconstruction and regular maintenance chosen based on the Town’s priority within the Town's Pavement Management Program (non-categorical).

RESOLUTION NO. 2022-34

RESOLUTION OF THE TOWN OF APPLE VALLEY, STATE
OF CALIFORNIA, ADOPTING THE M E A S U R E I FIVEYEAR CAPITAL IMPROVEMENT PLAN FOR FY2022/2023 THROUGH FY2026/2027
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and
NOW, THEREFORE, BE IT RESOLVED by the Town of Apple Valley, State of California, that the Measure I Five-Year Capital Improvement Plan, attached to this resolution as Exhibit A, is hereby adopted.

APPROVED AND ADOPTED by the Town Council of the Town of Apple Valley this 23rd day of August, 2022.
___________________________
Mayor, Kari Leon
ATTEST:
_____________________________
Town Clerk, La Vonda M. Pearson

Resolution Number:

Resolution Approval Date:

Contact Person/Title:

Phone:

Email:
6/30/22 Carryover Balance $3,862,407.00
FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue Total Est. Rev. $2,770,980 $2,786,558 $2,802,212 $2,824,881 $2,869,134 $14,053,766 Projects:

Apple Valley SR 18 Corridor Enhancement Plan No No 0.0% 100.0% $350,000 $23,205 $23,299 $4,641 $0 $0 $51,145 Bear Valley Bridge (Mojave River Bridge) Yes No 0.0% 100.0% $44,534,790 $337,052 $2,231,112 $2,440,472 $0 $0 $5,008,635 Bear Valley Intersection Improvements No No 45.0% 55.0% $1,000,000 $500,000 $0 $0 $0 $0 $500,000 Central Road, from Bear Valley Road to Nisqually Road No No 0.0% 100.0% $1,200,000 $200,000 $500,000 $500,000 $0 $0 $1,200,000 Central Road, from Highway 18 to Nisqually Road No No 0.0% 100.0% $2,000,000 $0 $0 $50,000 $0 $0 $50,000 Dale Evans Parkway @ Waalew Road (Realignment) No No 0.0% 100.0% $1,310,000 $1,310,000 $0 $0 $0 $0 $1,310,000 High Desert Corridor No No 0.0% 100.0% $12,500 $2,500 $2,500 $2,500 $2,500 $2,500 $12,500 Hwy 18 West End Widening (Phase 2, AVR to TAO) No No 0.0% 100.0% $10,000,000 $0 $0 $0 $100,000 $0 $100,000 Johnson Road Widening No No 0.0% 100.0% $2,650,000 $0 $50,000 $100,000 $100,000 $560,000 $810,000 Local Road Safety Plan (LRSP) Implementation No No 0.0% 100.0% $910,000 $2,500 $152,500 $252,500 $502,500 $0 $910,000 Mohawk Road Widening No No 0.0% 100.0% $1,160,000 $10,000 $75,000 $75,000 $1,000,000 $0 $1,160,000 Paving Priorities No No 0.0% 100.0% $5,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $5,000,000 Rancherias Plaza Frontage Road Conversion No No 0.0% 100.0% $5,000,000 $0 $0 $0 $20,000 $20,000 $40,000 Reata Road Intersection Improvements No No 0.0% 100.0% $200,000 $200,000 $0 $0 $0 $0 $200,000 Safe Routes to School Implementation No No 0.0% 100.0% $860,000 $0 $2,500 $152,500 $352,500 $352,500 $860,000 Standing Rock Road Realignment / Hwy 18 Signal No No 0.0% 100.0% $3,000,000 $0 $0 $100,000 $0 $0 $100,000 Tao Road South of Highway 18 Extension No No 0.0% 100.0% $350,000 $0 $0 $10,000 $0 $0 $10,000 Yucca Loma Elementary School Safe Routes to School No Yes 0.0% 100.0% $986,000 $30,000 $647,000 $0 $0 $0 $677,000 Yucca Loma Road Widening (Apple Valley Rd to Rincon Rd) No No 45.0% 55.0% $5,075,000 $0 $0 $2,040,000 $3,035,000 $0 $5,075,000 Yucca Loma Road Widening (Kiowa Rd to Yakima Rd) No No 45.0% 55.0% $3,000,000 $0 $0 $0 $75,000 $0 $75,000 Yucca Loma Road Widening (Rincon Rd to Kiowa Rd) No No 45.0% 55.0% $3,000,000 $0 $0 $75,000 $0 $0 $75,000

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$3,615,257 $4,683,911 $6,802,613 $6,187,500 $1,935,000 $23,224,280 Total Programming is currently 130% Total Estimated Programming: $23,224,280 Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
[email protected]
Projects Total:

Apple Valley
Current
Estimate
Current
Estimate Total CurrentEstimate
Current
Estimate
Current
Estimate
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
Jurisdiction:
7/26/2022
Rich Berger
760-240-7000 ext. 7530
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2022/2023 thru 2026/2027

Town Council Agenda Report
Date: August 23, 2022
To: Honorable Mayor and Town Council
Subject: CONSENT TO ADVERTISE COLD MIX OVERLAY 2022 PROJECT From: Douglas Robertson, Town Manager
Submitted by: Mike Podegracz, Town Engineer
Engineering
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
A. That the Town Council review and approve the bid documents for the Cold Mix Overlay 2022 project.

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

BACKGROUND
As part of the Town’s annual paving priorities, staff evaluated the local roadways and determined priority areas in need of maintenance. The segments in this project require a thicker aggregate than what is used in the Town’s annual microsurface project. The Project generally consists of providing necessary labor, equipment, and materials for the application of cold mix asphalt on the listed segments.

ANALYSIS
Bid documents for the Cold Mix Overlay 2022 project have been prepared and are ready for approval and advertisement of bids. Staff has reviewed the documents and is satisfied that they meet the intent of the Town Council for this project. The documents are available to the Town Council for review, approval, and authorization to proceed with advertisement of the project. Staff recommends that the Town Council review bid documents that are available in the Town Council Office, approve the documents, and direct staff to proceed with advertising for construction of the project.

FISCAL IMPACT
Funding for this project has been appropriated in the adopted FY 2022-2023 budget using Road Maintenance Rehabilitation Act (RMRA) funds. There is no immediate impact for advertising this project.

ATTACHMENTS
A. List of Segments
B. Segments Map

List of Segments

STREET NAME SEGMENT START SEGMENT END

NALATAPA ROAD NAWAKWA ROAD NEENACH ROAD

PAUHASKA COURT PAUHASKA ROAD END EAST

PAUHASKA ROAD EL CENTRO ROAD NAWAKWA ROAD

EL CENTRO ROAD CENTRAL ROAD NAWAKWA ROAD

EL CENTRO ROAD NAWAKWA ROAD NEENACH ROAD

EL CENTRO ROAD NEENACH ROAD OCOTILLA ROAD

EL CENTRO COURT EL CENTRO ROAD END SOUTH

MOTNOCAB ROAD NAWAKWA ROAD PAUHASKA ROAD
PAPAGO ROAD MESQUITE ROAD (West Side) YUCCA ROAD
MESQUITE ROAD PAPAGO ROAD (No. Side) WAALEW ROAD

CANDLEWOOD ROAD PAPAGO ROAD WAALEW ROAD

CENTURY PLANT ROAD YUCCA ROAD WAALEW ROAD

JOSHUA ROAD YUCCA ROAD WAALEW ROAD

JOSHUA ROAD END - NORTH YUCCA ROAD
YUCCA ROAD PAPAGO ROAD 17129 (Join Ex. Overlay)

MESQUITE ROAD WAALEW ROAD SOUTH ROAD

CANDLEWOOD ROAD WAALEW ROAD SOUTH ROAD

CENTURY PLANT ROAD WAALEW ROAD SOUTH ROAD

EL CENTRO ROAD OCOTILLA ROAD MESQUITE ROAD

EL CENTRO ROAD MESQUITE ROAD CANDLEWOOD ROAD

EL CENTRO ROAD CANDLEWOOD ROAD CENTURY PLANT ROAD

EL CENTRO ROAD CENTURY PLANT ROAD JOSHUA ROAD

Town of Apple Valley
Cold Mix Overlay 2022
(For Reference Only) Not to Scale Page 37 of 112
Town Council Agenda Report
Date: August 23, 2022
To: Honorable Mayor and Town Council
Subject: HISTORICAL ADVISORY COMMITTEE BOOK ON THE APPLE

VALLEY AIRPORT

From: Douglas Robertson, Town Manager
Submitted by: Lena Quinonez, Executive Assistant
Town Manager
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
It is the request of the Historical Advisory Committee that the Town Council review and approve the final draft of the Apple Valley Airport Book titled “How the Apple Valley Airport Got Its Wings”.

BACKGROUND
In 2001 the Historical Advisory Committee started compiling information on the Apple Valley Airport, numerous interviews took place with local residents and data was collected. The Committee started drafting the information and organizing photos for the book. The book was not completed due to staff and committee changes. In 2021 the committee reconvened and completed the book. The final draft was approved at the July 12, 2022 Historical Advisory meeting by unanimous vote.

FISCAL IMPACT
No foreseable fiscal impact. The Lewis Retail Center donated one thousand dollars towards the printing of the book.

ATTACHMENTS
A. Final draft of “How The Apple Valley Airport Got Its Wings”

1 Town of Apple Valley
“A BeƩ er Way of Life”
Compiled by the 2022
Apple Valley Historical Advisory CommiƩ ee

HOW THE APPLE VALLEY AIRPORT

GOT ITS WINGS

2 This booklet “How the Apple Valley Airport Got its Wings,” is dedicated to the past commiƩ ee members who started the process and wrote the fi rst draŌ . A special thanks goes out to Kathie MarƟ n, who compiled the interviews and much of the research for this booklet. And a great big thank-you to the following Apple Valley historians and interviewees, who provided so many details and interesƟ ng stories: Eva Conrad, Maggie Cramer, Barbara Davisson, Edna Hollenbeck, Kevin Kassel, Gretchen Kellems, Heidi Larken, Robert Paluzzi, Erma Peirson, Rhonda Pfeff er, Mimi Rogers SwiŌ , and Patrick Zrelak.

Historical Advisory CommiƩ ee 2022
Chair, Rick Piercy
Vice Chair, Marcella Taylor
Member, Barbara Davisson
Member, Tom Hoegerman
Member, Pat Orr
Staff Liaison, Lena Quinonez
Apple Valley Town Council
Mayor, Kari Leon
Mayor Pro Tem, Art Bishop
Council Member, Larry Cusack
Council Member, Curt Emick
Council Member, ScoƩ Nassif
DedicaƟ ons and Credits

3 According to Erwin Gudde’s California Place Names (1965) the name of Apple Valley dates back to the turn of the century when local resident Ursula M. Poates planted three apple trees in her front yard to demonstrate to seƩ lers the viability of growing crops in the desert. Shortly thereaŌ er, the government opened up the desert for homesteading and numerous small cabins and apple orchards quickly doƩ ed the desert. With the onset of World Ward I, many local farmers, ranchers and homesteaders marched off to war. As a result, many of the orchards died. Change was soon to come. In 1946 Newton T. Bass a wealthy oil wildcaƩ er, and his brother-in-law Bernard J. Westlund purchased 22,000 acres in the high desert from the Union Pacifi c Railroad with intenƟ ons of raising caƩ le on his vast holding. However, his ranching plans were soon replaced with those of real estate development aŌ er he discovered that underground water basin (formed by the Mojave River) lay beneath his land (Robinson 1958:1969, Peirson 1970:125). On February, 1946 salesmen off ered the fi rst lots for sale from an offi ce located on the northeast side of Highway 18 and Central road. Bass soon established the Apple Valley Building and Development Company to facilitate development and handle real estate transacƟ ons.

The company was last located in the building on the northeast corner of Highway 18 and Dale Evans Parkway, also a former locaƟ on of Apple Valley Town Hall, and occupied by Agio Real Estate since January 2006. This intersecƟ on was adjacent to secƟ on 17 which was developed on 640 acres later that year. The fi rst project in SecƟ on 17 was the Apple Valley Inn. The second was the construcƟ on of a private airport.

IntroducƟ on

4 The history of the Apple Valley Airport is nearly as long and storied as the community of Apple Valley itself, having been built within three years of the Town’s modern day founding by Newton T. Bass and Bernard B.J. (Bud) Westlund in 1946. Bass and Westlund opened the Apple Valley Inn in 1948 to give potenƟ al land buyers a place to stay. The Inn’s western moƟ f, the open space of the high desert seƫ ng, as well as its seclusion (Larkin 1985) from the hustle and bustle of the city, was a big aƩ racƟ on for visitors. As Bass had intended, the establishment of an airport served as a promoƟ onal tool for bringing guests and potenƟ al Apple Valley investors to the Inn. The strategy worked! Wealthy people were fl own into the airport, and transported to the Inn by horse and buggy. OŌ en, aŌ er checking in, they were taken to the Hilltop House to enjoy the 360 degree view of the beauƟ ful valley below and surrounding mountains. With a liƩ le help from 86 proof Apple Valley bourbon whiskey, a lot of property deals were sealed.

The Original AV Airport

5 Almost There
On the
Ground
Next
stop
Apple
Valley
Inn

6 Nuts & Bolts of the AV Airport
In 1949, the Apple Valley Airport was constructed on the northside of Highway 18, east of what is now Dale Evans Parkway. It was conveniently located only 300 yards from the Apple Valley Inn. According to Mike “Tex” Meeken, former salesman for the Apple Valley Building and Development Company: “People used to fl y in and walk across the Highway to the Inn for the ‘buck breakfast’ where the policy was all you could eat for a dollar. It used to be a quite a thing”. (Larkin 1985) IniƟ ally, the airport consisted of a main east/west runway and an emergency, crosswind runway oriented roughly northeast/southwest. Both appear to have been dirt at the airports incepƟ on. The only other feature was a Ɵ e down area at the west end and just south of the main runway. Access to the airfi eld was provided by a dirt road (eventually knows as Airport Way) that extended from highway 18 (Los Angeles Times 1952). The airport was extremely popular with both visitors and residents of Apple Valley. Many Apple Valley Inn guests fl ew in with their private planes. On a weekend in February of 1950, a story in the Apple Valley News notes that some 30 planes and 1,000 cars were visiƟ ng Apple Valley. The Apple Valley Building and Development Company also owned several planes that were used to fl y company VIP’s across the country. Two of the company planes included a twin-engine Aero Commander and a Cessna 195. (Apple Valley Chamber of Commerce 1955, Conrad 1999:pers.comm.)

7 AV’S Hollywood ConnecƟ on
Many old movies, especially Westerns, were fi lmed in the Apple Valley area, due to its spectacular scenery and proximity to Hollywood. An important development the last year of the 1940's decade made geƫ ng directors, actors, and crew to the High Desert a lot easier. A headline in the Thursday March 24, 1949, ediƟ on of the "Apple Valley News" reads: "First Airline LiŌ to Movie LocaƟ on." The photo shows three Southwest Airway planes on the airfi eld of the original Apple Valley Airport. The Universal Pictures personnel were able to make the fl ight the previous Monday from Burbank to Apple Valley in a mere 25 minutes, as compared to the three-hour trip up the old Route 66 by bus or automobile. Two days later, seven C47s brought up another 100 movie folks for the fi lming of "Swords in the Desert," on locaƟ on in Apple Valley.

8 Apple Valley was not only a retreat for Hollywood celebriƟ es, but also a popular fi lming site for numerous movies and television shows. Perhaps one of the most notable shows fi lmed in Apple Valley was “Sky King,” a children’s show in producƟ on from 1951-1959, starring Kirby Grant as Schuyler (Skylar) “Sky” King. While most of the episodes had strong Western themes, King caught the bad guys, righted wrongs, and helped locate lost travelers riding in a plane rather than on a horse. Sky fl ew a Cessna T-50 twinengine “Bamboo Bomber” in early episodes, and the “Songbird” a Cessna 310B twin-engine plane in later seasons. The original Apple Valley Airport can be seen in classic photographs and footage. As of 2009 72 episodes were sƟ ll available on DVD. The Ranch home used for the interior shots of the headquarters of “Flying Crown Ranch” is located on Rancherias Road, the second house south of Highway 18. Once owned by the golf great Lloyd Mangnum, the home sƟ ll exists, but has been extensively remodeled. The “Songbird” was rouƟ nely taxied across the main highway between the airport and the house during fi lming. Other scenes took place in the forests of Big Bear, a nearby mountain town that also had a small airport where the “Songbird” could safely land. The “Sky King” episodes combined aviaƟ on and the American West for many memorable and exciƟ ng adventures during the TV’s “Golden Age”.

Filming “Sky King”

9 In 1954, a Union Oil gas staƟ on was built adjacent to north side of Highway 18 just west of the airport. It was originally operated by Ralph Drahos. In addiƟ on to fueling automobiles, the staƟ on was equipped with aircraŌ pumps (Pfeiff er 2000: pers. comm.) capable of servicing planes with both 80/87 and 90/97 octane aviaƟ on fuel. The gas staƟ on was such a prominent landmark, that an Apple Valley sign with the airfi eld elevaƟ on of 3062 feet was painted on the staƟ ons roof (Barris 1955; Conrad 1999: pers.comm.). According to Patrick Zrelak of Midfi eld AviaƟ on, it was common to see pilots taxiing down Highway 18 to fuel up at the Union StaƟ on (Zrelak 2000: pers.comm.).

An All-Service Airport

10 By 1955, the main runway (Runway 7-25) which was paved with asphalt and measured 4,200 feet long by 80 feet wide had been constructed. (Barris 1955, Conrad 1999:pers comm.) It ran south of and parallel to Thunderbird Road, and was illuminated at night with lights set on an automaƟ c Ɵ mers (Barris 1955). The emergency cross-wind runway, located to the east of the main runway, extended from Standing Rock Road to the east end of Runway 7-25. The emergency runway had only 2,400 feet of length, so was rarely used. Pilot reports described it as very rough. While the southern half of this runway appears to have always been dirt, the northern half was oiled, but not asphalted. Take-off s were parƟ cularly tricky due to down draŌ s created by the foothills to the south. During this Ɵ me, William Barris (corporate pilot for Apple Valley Building and Development Company) characterized the facility as follows: “This airport has been approved by the CAA in its physical layout for feeder-line type of operaƟ on (DC 3 type aircraŌ ). The main runway is adequate for Convair and MarƟ n type equipment. We have worked closely with the CAA engineering to provide proper lateral clearances between the runways and our proposed shopping center. The present Ɵ e-down is temporary, since a permanent locaƟ on has not yet been determined. No hangars have been built for the same reason. In line with our policy of building with eye appeals, we have felt that if and when airport building faciliƟ es are needed, they should conform to standards established- hence, no hangar and building of the type generally found on small airports, which in many instances have liƩ le or no architectural appeal. There have been and probably will be reports from pilots who might feel our faciliƟ es are inadequate, but our answer is that we will develop as we grow.” (Barris 1955.) The Physical Layout

11 The 1956 Apple Valley Chamber of Commerce map and the 1957 Apple Valley 15’ USGS Topographic Quadrangle illustrate the alignments of the two runways. The airport terminal building was constructed in 1958 along with a central taxiway, VIP parking area, wide terminal entrance, and addiƟ onal parking spaces. County Assessor Offi ce records show that the single-story terminal measured 22x8 feet and had two concrete paƟ os. (Pfeiff er 2000: pers. comm.)

12 According to a 1996 interview with Apple Valley pioneer Edna Hollenbeck, the Pilot’s Club started in 1963 as a women’s service organizaƟ on by invitaƟ on only. This group was going strong unƟ l about 1978 when the men’s club started to accept female members. It became hard to get new members in the women’s club, so it had to disband. In the late 1960s, Mr. Kent Warren of High Desert AviaƟ on maintained a fl ight school at the airport. The school offi ces were located in a portable trailer. Eva Conrad, an early Apple Valley resident, historian, and the publisher of the “The Apple Valley News”, was one of the many locals who learned to fl y at the airport. (Conrad 1999: pers.comm.) In 1970 at the age of 50, Eva earned her pilot’s license fl ying a Cessna 150 (high wing) plane. In a 1993 interview, Eva discusses the problem of fl ying with the High Desert winds. She relates how she and her husband and other members of the Apple Valley Lions Club had planned a four-day trip to Catalina island. For the trip the group chartered a 15-20 passenger airplane to leave from the original Apple Valley Airport on the cross-wind runway. The nervous pilot asked her, “When do you think this wind is going to die down?” Eva’s response was, “Well, let’s see, about three days.” He asked, “Are you serious?” Eva said, “Yes,” but the group convinced him to take off anyway. Eva admiƩ ed it was a scary take-off . That was on a Thursday. When they returned on Sunday, the wind was sƟ ll blowing. But according to Eva, the pilot pulled off “the fi nest cross-wind landing” she had ever heard of! Airport Memories

13 By the 1960s, commuter fl ights had been sporadically connecƟ ng Apple Valley to the outside world for more than a decade. In 1964-1965, Bonanza Air Lines was running as many as four jet prop fl ights daily with connecƟ ons in Los Angeles and Las Vegas. Perhaps representaƟ ve of its peak, Bass and Westlund’s airport was described as follows in the Los Angeles Times: “Some 200 private planes land at the Apple Valley Airport each week, bringing old friends back or new visitors in for the fi rst Ɵ me. On a busy weekend as many as 150 planes line the apron- from four engine DC-4’s, twin engine Convairs, and Lear Jets, to Piper Cubs”. (Ryon 1965) Roy Rogers’ and Dale Evans’ daughter Mimi SwiŌ related how she and her husband Bill SwiŌ used to fl y into the original Apple Valley Airport and walk the several blocks to her parents’ home on Highway 18. However, by the end of the 1960’s, Bonanza Air Lines had ceased its commercial fl ights to Apple Valley. Strong desert crosswinds oŌ en resulted in the fl ights being diverted to George Air Force Base in nearby Victorville, contribuƟ ng to Apple Valley Airport’s decline.

The Waning Years

14 In 1967, area voters approved the formaƟ on of County Service Area 60, a legal commission designed to build and administer a new county airport in North Apple Valley. With an iniƟ al esƟ mated price tag of $2,174,625 (aŌ er losing a bid for federal grant) its budget was trimmed to bare bones. The design and locaƟ on of the runways were slightly altered, before its opening in 1970. The small private Apple Valley Airport that had welcomed movie stars, execuƟ ve VIPs, land investors, and visitors from across the country closed forever. The Apple Valley County Airport conƟ nues to operate at its locaƟ on off Corwin Road, approximately three miles northeast of the old private airport. In an April 1, 2000 arƟ cle in “The Victor Valley Daily Press”, longƟ me Apple Valley resident Eva Conrad boasted that she was the second person to land at the new airport. She told tales of a group of about 10 local pilots, who would conƟ nue to land on the runway of the old airport, fl ying in low over the surrounding houses.

The New Airport

15 In the late 1980’s the west end of the old airfi eld including a porƟ on of the main runway was demolished and removed in preparaƟ on for the construcƟ on of the Rancherias Plaza shopping center and an adjoining retenƟ on basin. On January 23, 1988, a mock disaster crash was staged at the airport. The mulƟ -agency exercise resulted in the complete destrucƟ on of the airport terminal. The only vesƟ ge of the building leŌ standing at the Ɵ me was the frame of the weather staƟ on (Kassel 1998). In the early 1990s the developers of the Rancherias Plaza (Former Ralph’s grocery store) were asked to commemorate the locaƟ on. A plaque was installed at the base of the fl ag pole in the shopping center located on the north side of Highway 18 just east of Rancherias.

Inevitable Progress

16 This 1994 USGS aerial photo shows that a majority of the abandoned airport grounds sƟ ll remained at that Ɵ me. Rancherias Plaza had been built over the western end of the former east/west runway, but a 3800 foot length of the runway was sƟ ll visible, along with the ramp south of the runway midpoint. The former crosswind runway, which was oriented northeast/southwest and intersected the primary runway at its eastern end, was much more deteriorated than the primary runway. The Church of the Valley campus had expanded over its eastern end.

In 1996, Robert Parr conducted an archaeological assessment ofthe Aztec Road Extension and Overlay and Sewer and Pipeline Extension Project (Parr 1996). This study included the realignment of Aztec Road (now Dale Evans Parkway) between Highway 18 and Thunderbird Road. As a result, a secƟ on of the terminal entrance (formerly part of Apple Valley Inn Road) was destroyed. AddiƟ onally an eastern porƟ on of the main runway was removed to accommodate the road realignment. The following year in 1997 the Union Oil gas staƟ on building which had serviced both automobiles and aircraŌ since 1954 was demolished. (Pfeiff er 2000; pers. comm.) Rebel Gas was the last business at the locaƟ on.

The site, located on the southern margin of Rancherias Plaza, is sƟ ll vacant.

17 In 2007, the fi rst Super Target in California opened at the Apple Valley Commons, a 773,000 square-foot retail center constructed on the remainder of the original airport property. Built and operated by Lewis Retail Company, the site includes Super Target, Ross Dress for Less, The Dollar Tree and a number of smaller shops. As part of the development permit process, a cultural assessment of the area required the Lewis Retail Company to commemorate the history ofthe area. A plaque was installed over the fi replace in The Courtyard.

This 2001 aerial photo shows that the airport entrance sƟ ll exists. However, the southern porƟ on of the road has now been covered by a newly-constructed road which runs to the northeast, over the former airport property. What is now known as Dale Evans Parkway connects the former Airport Road to the former Aztec Road to the former Bell Mountain Road, conƟ nuing north the I-15 Freeway.

18 The current Apple Valley Airport, which opened in 1970 on the grounds of the former McCarthy Guest Ranch, has displays both inside and out commemoraƟ ng the history of air travel in Apple Valley. Right inside the entrance gate is a tribute plaque honoring Apple Valley resident and Triple Jet Ace of the Korean War, Captain Joseph McConnell, Jr. It shows eight photos, including McConnell in uniform, the “AppreciaƟ on House” billboard announcing its construcƟ on by Apple Valley townspeople, and the “Welcome Home” ceremony, when the family was presented with the keys to their new home. Beside the plaque is a replica of the plane McConnell fl ew, which he named “BeauƟ ous Butch” aŌ er his wife. Inside displays include more tributes to Capt. McConnell, including two large banners and two model planes of the type he fl ew in combat. Other memorabilia gives a nod to the Apple Valley Inn and the original airport right across the highway. The “Sky King” TV show is recognized on a wall plaque, as well as with a replica of the Songbird plane, fl own in many episodes.

Preserving History

19 The popular annual Apple Valley Airshow, tradiƟ onally held in October has wowed the crowds every year since its 2002 incepƟ on, minus two years of COVID cancellaƟ ons. Spectators can witness aerobaƟ c performances, formaƟ on fl ights, sky divers and wing walkers overhead, as well as ground acƟ viƟ es including live music, speakers, booths, food vendors, and staƟ c displays of aircraŌ and military vehicles. Recent addiƟ ons include the Car Show, STEM Tent, and a kids acƟ viƟ es area. There’s a good reason the Apple Valley Airport is selected each year to host the Airshow. Students aƩ ending local Apple Valley Schools score the highest on the Flight Simulator skills test in the STEM tent, as compared to other areas that host air shows. The October 12, 2019 Air Show, sponsored by the County of San Bernardino, was dedicated to Korean War Triple Jet Ace and Apple Valley resident Capt. Joseph McConnell, Jr., as well as all other Korean War veterans. The tribute included a large display inside a hanger, an opening ceremony with patrioƟ c music and local speakers, and the presentaƟ on of proclamaƟ ons from various local government enƟ Ɵ es to Capt. McConnell’s oldest daughter, Trish McConnell, who aƩ ended with her son and grandson. The highlight was a special performance of the U.S. Air Force F-16 Viper Demo Team, and the fl ight of a F-86 from the McConnell era. The annual Airshow is a good reminder of the importance of our small local airport and the large number of Air Force veterans who reside in Apple Valley. The San Bernardino County Sheriff ’s Department AviaƟ on Unit, the leading aerial law enforcement agency in our county, operates out of the Apple Valley Airport. The California Highway Patrol (CHP) Field OperaƟ ons Inland Division has the responsibility of providing air support and patrol, with an emphasis on patrolling the remote desert areas, as well as assisƟ ng with traffi c enforcement and rescues in off -road areas.

20 Memories
Terry Freedman grew up in Apple Valley in an adobe house with wagon wheel windows at 20919 Standing Rock. He and his siblings were friends with the McConnell children, as well as the children of the contractors Bennington and Smith who built their house. Here’s Terry’s story:“Jack Bennington was a Navy Pilot in WWll and one of my heroes. He took me for my fi rst airplane ride from the old Apple Valley Airport. He borrowed a BeechcraŌ Bonanza from Bert Jackson, who was the Buick/PonƟ ac dealer in Victorville. When we moved into our house on Standing Rock, Bert lived next door to us in a house just east of Pine Ridge. He had an “airplane port,” as in carport, on the east side of his house where he kept his airplane. He would taxi the airplane from the airport to his house, using Standing Rock as his taxiway, and pull it into his covered parking spot on the east side of the house. Things were a bit diff erent up here at that Ɵ me.” Long-Ɵ me Apple Valley resident
Bruce Hollenbeck, who resides in his family’s home on Central just east of the current Apple Valley Airport, shared some memories of fl ying out of the original Apple Valley Airport on Highway 18 during the 1960’s. He described fl ying from Apple Valley to Las Vegas on Bonanza Airlines, the only airline operaƟ ng out of the airport at that Ɵ me.

He would land at McCarren Airport in a mere 30-45 minutes, ready to go to work as a chef on the north edge of town, at John’s Pancake House on East Fremont Street, and later at Binion’s Horseshoe Club, which had the disƟ ncƟ on of being “the fi rst real gambling hall and saloon in Las Vegas.”

21 A plaque outside
the Apple Valley Airport Terminal building pays tribute to local pilot William “Bill” Davis, the late husband of former Town Council member Kathy Davis. It describes him as a “Ryaneer, Chief Pilot, and Friend,” who died in a crash in 1995 at age 51.

Long-Ɵ me Apple Valley
resident Brent Gaddis described the incident: “Davis was piloƟ ng his small experimental plane for pleasure over Apple Valleywhen he crashed on the east bank of the Mojave River, on the property line between the Gaddis and Reddy residences on Riverside Drive. Dr. Reddy, who was working on the outside of his house at the Ɵ me, witnessed the horiffi c crash.” Gaddis and others who arrived on scene will never forget the sight.

Quote from “The Western Pilot” magazine regarding the
1950 Cessna MeeƟ ng at the Apple Valley Inn: “The splendid hospitality at the Apple Valley Inn, extended by Mr. Newton Bass, assisted by Mr. Bill Barris and Mrs. George Boyer, added tremendously to the success of the meeƟ ng. Apple Valley owns a Cessna 195, which is fl own by Mr. Barris, the pilot who recently took the world’s endurance record of 1,008 hours.” Frank MarƟ n and Bob Holloway, with a 1950 model 170 poolside at the Apple Valley Inn.

22 Apple Valley Ranchos. “Ten Short Years” brochure, 1956.Barris, William. Guest lecturer “The Importance of AviaƟ on in Apple Valley,” Apple Valley Chamber of Commerce, 1955.Bean, Lowell J. and Charles R. Smith. Serranos: Handbook of North American Indians, Vol. 8 California, R.F. Heizer ediƟ on, Smithsonian InsƟ tute, Washington, D.C., 1978.Brunsdon, Albert and Mollie. “Two Year Anniversary of Apple Valley,” Apple Valley News, April 15, 1948.Conrad, Eva. Interview by Fran Elgin, Mohahve Historical Society VVC #113, VVC Library, June 9, 1993. Early Apple Valley resident and local historian, personal communicaƟ on, 1999.Cramer, Maggie. Former secretary of Walter Cramer, personal communicaƟ on, 2000.Davisson, Barbara. Former secretary of Newton Bass and current Business Manager of Bass Enterprises, personal communicaƟ on, 1999.Delacruz, Rene. “Apple Valley Airshow Headed Back to the High Desert in October,” Daily Press, Victorville, May 4, 2022.Estacio, MarƟ n. “Apple Valley Airshow Awes, Inspires,” Daily Press, Victorville, Oct. 13, 2019.Freedman, Terry. Former Apple Valley resident, personal communicaƟ on, May 2022.

Gaddis, Brent. AV resident, personal communicaƟ on, May 2022Gudde, Erwin G. California Place Names, University of California Press, Berkeley, 1965.Hatheway, Roger G. and Deborah M., and Jeanete A. McKenna. Architectural/Historical EvaluaƟ on of the Apple Valley Inn, Apple Valley, San Bernardino County, California. Unpublished manuscript of fi le with the Archaeological InformaƟ on Center, San Bernardino County Museum, Redlands, 1987.Hearn, Joseph E. Cultural Resources Assessment of Lot 2557, Tract 32566, Apple Valley area. Unpublished manuscript on fi le with the Archaeological InformaƟ on Center, San Bernardino County Museum, Redlands, 1978.Hollenbeck, Bruce. AV Resident, personal communicaƟ on, May 2022Hollenbeck, Ken and Edna. Interview by Fran Elgin, Mohahve Historical Society VVC #117, VVC Library, November 1994. Kassel, Kevin. “Mock Crash with Real Flames Levels Old Apple Valley Airport,” Daily Press, Victorville, Jan. 24, 1988.Kellems, Gretchen. Librarian Newton T. Bass Apple Valley Branch Library, personal communicaƟ on, 1999.Kroeber, Alfred L. “Handbook of the Indians of California,” Bureau of American Ethnology BulleƟ n No. 78, pp 1-95. Smithsonian InsƟ tute, Washington, D.C. 1925.Larkin, Heidi. “Newt’s Place,” Daily Press, Victorville, April 5, 1985.Los Angeles Times. Apple Valley brochure, Feb. 22, 1952.

23 Paluzzi, Robert. Early Apple Valley resident and owner of DeeGee of California, personal communicaƟ on, 1999.Parr, Robert E. Archaeological Assessment of the Aztec Road Extension and Overlay and Sewer Pipeline Extension Project, Town of Apple Valley. Unpublished manuscript on fi le with the Archaeological InformaƟ on Center, San Bernardino County Museum, Redlands, 1996.Peirson, Erma. “The Mojave River and its Valley,” Arthur H. Clark Publishing Co., Glendale, 1970.Pfeff er, Rhonda. Victorville Branch, San Bernardino County Assessor’s Offi ce, Victorville, 2000.Robinson, W. W. “The Story of San Bernardino County,” Pioneer Title Company, San Bernardino, 1958.Ryon, Art. “The Apple Valley Story,” Los Angeles Times AdverƟ sing Supplement, Los Angeles, Nov. 11, 1965.San Bernardino County Assessor’s Lot Block. Lot book #117 for 1941-1946, San Bernardino Archives, San Bernardino, 1946.Smith, C. Allen. “Record Crowd Visits Apple Valley,” Apple Valley News, February 17, 1950.Smith, Gerald A. Archaeological Survey of the Mojave River Area and Adjacent Regions, San Bernardino County Museum AssociaƟ on, Redlands, 1963.Stoll, Anne Q. and Kenneth M. Becker. Cultural Resources Survey of Old Apple Valley Airport, Town of Apple Valley, San Bernardino County, California, Redlands, 1963.SwiŌ , Marion (Mimi) Rogers. Daughter of Roy Rogers and Dale Evans, presentaƟ on at “Good Old Days in Apple Valley,” Apple Valley Inn. 2020.Taylor, Marcella. Apple Valley resident, provided research, vintage photos, current photos, and aerial views of property, 2014, 2022.“The Western Pilot,” Vol. 3, No. 3, Feb. 6, 1950, Altedena Ca.Upland Savings and Loan AssociaƟ on. “Historic Portal: The Story of Victor Valley,” Apple Valley, California, 1973.White, Robert S. and Laura S. A Cultural Resource Assessment of the Silverado at Apple Valley Site, 138 plus acres north of Highway 18, east and west of Aztec Rd., Town of Apple Valley, San Bernardino County. Unpublished manuscript on fi le with Archaeological Associates, Sun City, 1999.White, Robert S. and Laura S. Historical DocumentaƟ on of the Old Apple Valley Airport, North of Highway 18 at Aztec Road, Town of Apple Valley, San Bernardino County, 2000.Zrelak, Patrick. Staff member of Midfi eld AviaƟ on, Apple Valley Airport, personal communicaƟ on, 2000.Websites consulted: hƩ p://www.airfi elds-freeman.com/CA/Airfi elds CA San Bernardino hƩ ps://www.skyking.com/store.php/skyking/pg12568/links

24 The Busy AV Airport Today

Town Council Agenda Report
Date: August 23, 2022
To: Honorable Mayor and Town Council
Subject: PUBLIC HEARING AND RESOLUTION APPROVING AN

AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH
BURRTEC WASTE INDUSTRIES, INC. FOR THE COLLECTION AND

HANDLING OF SOLID WASTE, RECYCLABLES, AND ORGANIC

WASTE AND ADOPTING THE SOLID WASTE SERVICE RATES

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

RECOMMENDED ACTION
Consider the approval of an amendment to the exclusive franchise agreement for the collection and handling of solid waste, recyclables, and organic waste and consider new or increased solid waste service rates:

1. Open Public Hearing to hear public comments.

2. Close Public Hearing after all public comments have been heard, and determine if written protests have been received from the owners of the majority of parcels which are subject to the solid waste service rate increases.

3. If no majority protest exists, adopt Resolution No. 2022-35 Approving an Amendment to the Exclusive Franchise Agreement with Burrtec Waste Industries, Inc. for the Collection, and Handling of Solid Waste, Recyclables, and Organic Waste and Adopting the Solid Waste Service Rates

BACKGROUND
Burrect Waste Industries, Inc. (“Burrtec”) provides solid waste services to single-unit residential, multi-family residential, and commercial customers within the Town pursuant

to an exclusive franchise agreement (“Agreement”) dated January 24, 2017. The Agreement requires Burrtec to provide collection, transportation, transfer, processing and dispsal services for recycables and solid waste. The franchise agreement expires on January 1, 2027, but automatically renews for 10-year terms unless Burrtec is in breach of the Agreement or Burrtec’s performance is unsatisfactory.

The Agreement further provides that the Town may permit Burrtec to adjust its rates each year based on the annual change in the Consumer Price Index for All Urban Consumers as published by the U.S. Department of Labor for Los Angeles-Long Beach-Anaheim, CA (previously named Los-Angeles-Riverside-Orange County, CA), with a maximum adjustment of 4% percent each year. The Agreement also allows Burrtec to request an extraordinary adjustment for regulations imposed by government agencies, including diversion program requirements (such as the requirements for commercial businesses to divert organic waste from landfills) or other unforseen cost impacts.

DISCUSSION
The rate structure for the solid waste service fees has three customer classes — residential, multi-family, and commercial. For residential customers, the solid waste service fees are calculated based on the size (e.g., gallons or cubic yards) of containers used. For multi-family and commercial customers, the solid waste service fees are calculated on the basis of the size (e.g., gallons or cubic yards) of the containers (i.e., bins or roll compacters) used and the number of pick-ups per week. Customers may also request the delivery of temporary extra bins to their property. A separate, temporary “bin delivery fee” is a fixed charge imposed on any customer who requests these services.

Proposed Rate Increases
The proposed increases to rates are necessary to maintain existing solid waste services provided by Burrtec under the franchise agreement and to implement the residential food waste recycling mandates, pursuant to the regulations that the California Department of Resources Recycling and Recovery (“CalRecycle”) promulgated to implement Sentate Bill 1383 (SB 1383, Chapter 395, Statutes of 2016) (the “SB 1383 Regulations”).

Specifically, the new rates:

1. Include a reduced $40.75/ton landfill tip fee.

2. Apply a 3.83% inflationary increase for service and administration, based on a 12- month average change in 2021 in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor for Los Angeles-Long BeachAnaheim, CA.

3. Include a $4.20 mixed organics service fee and $1.06 Mixed Organics disposal fee (mixed organics waste disposal calculated at $98.05/ton, equalized across all residential customer accounts).

4. Include a Burrtec Waste Industries SB 1383 Administrative Fee for compliance with the SB 1383 Regulations .

If adopted, the proposed monthly rates will take effect September 1, 2022 for all customer accounts, except that the proposed monthly residential rates shall only take effect upon implementation of the mixed organics service. The current and proposed bi-monthly rates and supporting rate worksheets for the solid waste service charges are set forth in Attachment “B.”
Amendment to Franchise Agreement
In order for Burrtec to perform the services required by the SB 1383 Regulations, the Agreement needs to be amended to update the scope of services and to update the Consumer Price Index, which has changed since the approval of the Agreement. The amendment is attached hereto as Attachment “C”.

Proposition 218 Public Hearing
Proposition 218 was approved by California voters in November 1996. Proposition 218 includes procedural and substantive requirements, and requires a majority protest proceeding before the Town may impose or increase any property-related fees.

Proposition 218 requires the Town to hold a public hearing and mail a notice of the public hearing to the owner of record and any tenant who is directly liable for the payment of the proposed solid waste service charges. The Town must mail the notice at least forty-five (45) days prior to the date of the public hearing regarding the proposed charges. Property owners and affected tenants may protest the proposed fees by submitting a written protest to the Town as specified in the mailed notice. If the Town receives written protests from more than half of the affected parcels, the Town may not approve the proposed rates. The Town conducts majority protest hearings in an abundance of caution and does not concede the applicability of Proposition 218 to solid waste service performed by private haulers.

In June 2021, the notices for today’s public hearing were mailed in compliance with Proposition 218.

Option 1 – Adopt Resolution No. 2022-35
First, the Town Council must hold the public hearing and, if no majority protest exists, the Town Council may adopt Resolution No. 2022-35 Approving an Amendment to the Exclusive Franchise Agreement with Burrtect Waste Industries, Inc. for the Collection,

and Handling of Solid Waste, Recyclables, and Organic Waste and Adopting the Solid Waste Service Rates.

Option 2 – Take No Action
Second, the Town Council may choose not to approve the amendment to the Agreement or the rates, but Burrtec would not be obligated to perform services to comply with state diversion requirements. Failure to implement the waste diversion requirements could result in enforcement action against the Town by CalRecycle.

FISCAL IMPACT
No expected fiscal impact.

CONCLUSION
The Town Manger recommends that the Town Council adopt Resolution No. 2022-35 Approving an Amendment to the Exclusive Franchise Agreement with Burrtect Waste Industries, Inc. for the Collection, and Handling of Solid Waste, Recyclables, and Organic Waste and Adopting the Solid Waste Service Rate.

ATTACHMENTS
A. Resolution No. 2022-35
B. Prop 218 Notice and Proposed Solid Waste Rate Worksheets C. Amendment to the Exclsuive Franchise Ageement

28314.00001\40612369.1
RESOLUTION NO. 2022-35

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN

OF APPLE VALLEY, CALIFORNIA, RESOLUTION

APPROVING AN AMENDMENT TO THE EXCLUSIVE

FRANCHISE AGREEMENT WITH BURRTEC WASTE
INDUSTRIES, INC. FOR THE COLLECTION AND

HANDLING OF SOLID WASTE, RECYCLABLES, AND

ORGANIC WASTE AND ADOPTING THE SOLID WASTE

SERVICE RATES
WHEREAS, Burrtec Waste Industries, Inc. (“Burrtec”) provides solid waste services to single-unit residential, multi-family residential, and commercial customers within the Town of Apple Valley (“Town”) pursuant to an exclusive franchise agreement (“Agreement”) dated January 24, 2017; and
WHEREAS, Burrtec is required to provide such solid waste services (“Services”) as set forth in the Agreement; and
WHEREAS, since the approval of the Agreement, California law changed to now require the Town to implement additional solid waste diversion programs; and WHEREAS, Burrtec will continue to provide Services that comply with regulations to implement SB 1383 (Chapter 395, Statutes of 2016) (“SB 1383 Regulations”), to the Town; and
WHEREAS, the Town desires to approve an amendment to the Agreement with Burrtec with an updated scope of service and rates for such service; and, WHEREAS, the rate structure for trash, recycling and organics collection is based on the container size, type of materials accepted in the containers, and frequency of collection; and
WHEREAS, the City has determined that it is necessary to impose new, increased or modified rates for its solid waste service charges (collectively herein, the “Charges”); and
WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and WHEREAS, the solid waste service fees will not be imposed on a parcel unless the services are actually used by, or immediately available to, the owner of the parcel; and
WHEREAS, California Constitution article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increase to the Charges, the Town shall provide written notice (the “Notice”) by mail of: (1) the proposed increases to such rates and charges to the record owner of each parcel upon which the rates and charges are proposed for

Resolution No. 2022-35
imposition and any tenant directly liable for payment of the Charges; (2) the amount of the Charges proposed to be imposed on each parcel; (3) the basis upon which the Charges were calculated; (4) the reason for the Charges; and (5) the date, time, and location of a public hearing (the “Hearing”) on the proposed Charges; and WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly liable for the payment of the Charges not less than 45 days prior to the Hearing on the proposed Charges; and WHEREAS, the Town mailed the Notice in accordance with Article XIII D; and WHEREAS, the Hearing was held on this day, August 23, 2022; and WHEREAS, at the Hearing the Town Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed Charges, and at the close of the Hearing the Town did not receive written protests against the establishment and imposition of the proposed rate increases for the Charges from a majority of the affected property owners upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges; and
WHEREAS, the Town Council now desires to establish and impose the proposed Charges.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF APPLE

VALLEY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The Town Council finds and determines that the foregoing Recitals are true and correct and incorporates the Recitals herein.

SECTION 2. Town Council hereby approves the Charges for solid waste service at the maximum rates, as set forth in Exhibit A, attached hereto and incorporated herein by this reference . Such Charges take effect September 1, 2022, except that the proposed monthly residential rates shall only take effect upon implementation of a mixed organics service.

SECTION 3. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the Town Council, it is the explicit intention of the Town Council that the Charges adopted pursuant to this Resolution shall prevail.

SECTION 4. The Town Council hereby approves the Amendment to the Exclusive Franchise Agreement with Burrtec Waste Industries, Inc. for the Collection and Handling of Solid Waste, Recyclables, and Organic Waste, attached hereto as Exhibit B and incorporated herein by this reference.

Resolution No. 2022-35
SECTION 5. The Town Council hereby finds that the administration, operation, maintenance, and improvements of the solid waste collection system, which are to be funded by the Charges, are necessary to maintain solid waste services within the Town’s existing service area. The City Council further finds that such Charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system. Based on these findings, the City Council hereby determines that this Resolution is statutorily exempt from the requirements of CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a). The documents and materials that constitute the record of proceedings on which these findings have been based are located at 14955 Dale Evans Pkwy, Apple Valley, CA 92307. The custodian for these records is the Town Clerk of the City.

SECTION 4. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof.

The Town Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 6. This Resolution shall take effect immediately upon adoption.

SECTION 7. The Mayor shall sign this Resolution and the Town Clerk shall attest and certify to the passage and adoption thereof.

APPROVED AND ADOPTED by the Town Council of the Town of Apple Valley, this 23rd day of August, 2022.
________________________________
Mayor Kari Leon
ATTEST:

La Vonda M-Pearson, Town Clerk

TOWN OF APPLE VALLEY

NOTICE OF PUBLIC HEARING

REGARDING PROPOSED INCREASE TO

SOLID WASTE RATES
August 23, 2022 at 6:30 P.M.

Town Hall Council Chambers
14955 Dale Evans Parkway
Apple Valley, CA 92307
NOTICE IS HEREBY GIVEN that the Town of Apple Valley (the “Town”) will hold a Public Hearing on August 23, 2022, at 6:30 p.m., at the Town Hall Council Chambers, located at 14955 Dale Evans Parkway, Apple Valley, CA 92307 to consider adopting proposed rate increases for the collection, handling, and disposal of solid waste services within the Town (“solid waste services”). The meeting can also be viewed on Frontier Channel 29, Charter Spectrum Channel 186 and online at applevalley.org.

Persons wishing to address the Council remotely may submit written comments or speak. To submit written comments, please email the Town Clerk at [email protected] by 12 p.m. on August 23, 2022 and indicate whether you want your comments read aloud or forwarded to Council. Written comments will be read for up to 3 minutes. To speak on the item at the Council meeting, please complete a request to speak card upon arrival to the meeting and at the time of the requested agenda item, the Town Clerk will allow the person to speak to the Council for up to 3 minutes. This 45-day notice is hereby given in accordance with Section 6(a) of Article XIIID of the California Constitution.

Proposed Rate Increases
Burrtec Waste Industries (“Burrtec”) provides solid waste services within the Town pursuant to an exclusive franchise agreement. All properties within the Town are required to subscribe to the solid waste services provided by Burrtec unless they are expressly exempt under the Apple Valley Municipal Code. Pursuant to the franchise agreement, solid waste service fees are imposed on customers within the Town who receive solid waste services from Burrtec. The Town bills the customers directly for the services on a bi-monthly basis. The revenues from the fees are used to pay Burretc for the solid waste services provided under the franchise agreement.

The rate structure for the solid waste service fees has three customer classes — residential, multifamily, and commercial. For residential customers, the solid waste service fees are calculated based on the size (e.g., gallons or cubic yards) of containers used, including containers for trash, recycling and organics. For multi-family and commercial customers, the solid waste service fees are calculated on the basis of the size (e.g., gallons or cubic yards) of the containers (i.e., barrels, bins or roll compacters) used, including containers for trash, recycling and organics, and the number of pick-ups per week. Customers may also request the delivery of temporary extra bins to

their property. A separate, temporary “bin delivery fee” is imposed on any customer who requests these services. The rate for these services is a fixed charge.

To recover the increased costs of providing solid waste services as described above, including to account for inflation, and implement commercial food and green waste recycling requirements under state law, the Town has determined that it is necessary to increase the rates for the solid waste service fees it imposes on its solid waste customers. The 3.83% inflationary increase for service and administration is based on the twelve-month average change in 2020 in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor for Los Angeles-Long Beach-Anaheim, CA (previously named Los-Angeles-Riverside-Orange County, CA). The new residential rates include organics (including green and food waste) collection and processing services pursuant to the requirements of the Senate Bill 1383 regulations and Chapter 6.20 of the Town of Apple Valley Municipal Code; Mixed Organics Service shall be charged at $4.20 per account, Burrtec Waste Industries (BWI) SB 1383 Admin Fee shall be charged at $0.90 per account, and a Mixed Organics processing fee shall be charged at $98.05 per ton and equalized across all residential customer accounts at $1.06 per account.

If adopted, the proposed monthly rates take effect September 1, 2022. The current and proposed monthly rates for the solid waste service fees are set forth in Exhibit “A” hereto. The rate worksheets, illustrating each rate calculation and its discrete parts can be obtained from Town Clerk at 14955 Dale Evans Parkway or online at www.applevalley.org/services/solid-waste-trash.

Public Hearing and Protests
The owner of record of any parcel upon which the proposed solid waste service fees are imposed or any tenant directly responsible for the payment of solid waste service fees (i.e., customer of record) may submit a written protest to the proposed rate increase; however, only one protest will be counted per identified parcel. Any written protest must: (1) state the protest is being submitted in opposition to the proposed rate increase; (2) provide the location of the identified parcel (by assessor’s parcel or street address); and (3) include the name and signature of the property owner or tenant directly responsible for the payment of the solid waste service fees submitting the protest.

Written protests may be submitted by mail or in person to the Town Clerk at Town of Apple Valley, 14955 Dale Evans Parkway, Apple Valley, CA 92307. The Town Clerk must receive written protests delivered by mail no later than 12 p.m. on the date of the Public Hearing, or if delivered in person, prior to the close of the public comment portion of the Public Hearing (date, time, and location noted above). Any written protests received following the close of the public hearing will not be counted. Please identify on the front of the envelope for any protest, whether mailed or submitted in person to the Town Clerk, Attn: Public Hearing on Rate Increases.

The Town Council will consider all written protests and oral comments to the proposed rate increases and annual rate adjustments at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Upon the conclusion of the Public Hearing, the Town Council will consider adoption of the rate increases to the Town’s solid waste service fees as described herein. If written protests against the proposed rate increases are not presented by a majority of the property owners (50% + 1) of the identified parcels upon which the proposed rates are to be imposed and tenants directly responsible for the payment of the solid waste service fees, the Town Council will be authorized to impose the rate increases as outlined above. If adopted, the proposed rates take effect September 1, 2022. The Town is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and

without conceding the applicability of Proposition 218 to the franchise agreement or to solid waste service provided by Burrtec.

If you have questions regarding this notice or how your rates will be affected, you may contact Pamela Quick at (760) 240-7000 ext. 7569 or visit www.applevalley.org/services/solid-wastetrash.

Exhibit “A”

Current Rate
8/1/2021
Proposed Rate
9/1/22
Current Rate
8/1/2021
Proposed Rate
9/1/22
Residential Service* Bi-Monthly Bi-Monthly Commercial Compactor Trash Service 40 gallon $ 50.76 $ 64.92 Size Freq
60 gallon $ 53.56 $ 67.54 2.0 1 $ 125.06 $ 131.06
95 gallon $ 59.04 $ 72.74 2.0 2 $ 247.97 $ 259.92
40 gallon extra $ 15.56 $ 16.14 2.0 3 $ 371.07 $ 388.95 60 gallon extra $ 19.44 $ 20.20 2.0 4 $ 493.97 $ 517.77 95 gallon extra $ 27.24 $ 28.30 2.0 5 $ 616.86 $ 646.61 40 gallon hardship $ 41.20 $ 55.00 2.0 6 $ 739.93 $ 775.60 60 gallon hardship $ 45.06 $ 58.72 2.0 7 $ 862.94 $ 904.54 95 gallon hardship $ 51.00 $ 64.38

3.0 1 $ 186.49 $ 195.45

3.0 2 $ 370.91 $ 388.78
Residential Trash Bin Service 3.0 3 $ 555.33 $ 582.09
Size Freq 3.0 4 $ 739.76 $ 775.41

1.5 1 n/a $ 79.68 3.0 5 $ 926.83 $ 971.49

1.5 2 n/a $ 140.58 3.0 6 $ 1,108.58 $ 1,162.03

1.5 3 n/a $ 201.47 3.0 7 $ 1,293.00 $ 1,355.34

1.5 4 n/a $ 262.38

1.5 5 n/a $ 323.22 4.0 1 $ 247.97 $ 259.92

1.5 6 n/a $ 384.16 4.0 2 $ 493.24 $ 517.01

1.5 7 n/a $ 445.04 4.0 3 $ 739.93 $ 775.60

4.0 4 $ 985.89 $ 1,033.43

2.0 1 n/a $ 99.96 4.0 5 $ 1,231.85 $ 1,291.23

2.0 2 n/a $ 181.04 4.0 6 $ 1,477.77 $ 1,549.02

2.0 3 n/a $ 262.27 4.0 7 $ 1,723.70 $ 1,806.82

2.0 4 n/a $ 343.27

2.0 5 n/a $ 424.34 Recycling Commercial

2.0 6 n/a $ 505.55 Bin Service

2.0 7 n/a $ 586.67 1.5 1 $ 50.76 $ 50.76

1.5 2 $ 101.52 $ 101.52

3.0 1 n/a $ 140.43 1.5 3 $ 152.28 $ 152.28

3.0 2 n/a $ 262.01 1.5 4 $ 203.05 $ 203.05

3.0 3 n/a $ 383.61 1.5 5 $ 253.80 $ 253.80

3.0 4 n/a $ 505.24 1.5 6 $ 304.59 $ 304.59

3.0 5 n/a $ 633.74 1.5 7 $ 355.31 $ 355.31

3.0 6 n/a $ 748.42

3.0 7 n/a $ 870.01 2.0 1 $ 67.58 $ 67.58

2.0 2 $ 135.25 $ 135.25

4.0 1 n/a $ 181.04 2.0 3 $ 202.77 $ 202.77

4.0 2 n/a $ 342.54 2.0 4 $ 270.37 $ 270.37

4.0 3 n/a $ 505.55 2.0 5 $ 337.99 $ 337.99

4.0 4 n/a $ 667.78 2.0 6 $ 405.63 $ 405.63

4.0 5 n/a $ 830.02 2.0 7 $ 473.17 $ 473.17

4.0 6 n/a $ 992.28

4.0 7 n/a $ 1,154.49 3.0 1 $ 101.44 $ 101.44

3.0 2 $ 202.84 $ 202.84

3.0 3 $ 304.28 $ 304.28
Commercial Barrel Service Monthly Monthly 3.0 4 $ 405.71 $ 405.71 60 gallon $ 26.14 $ 27.15 3.0 5 $ 507.15 $ 507.15
95 gallon $ 28.84 $ 29.95 3.0 6 $ 608.57 $ 608.57

3.0 7 $ 709.96 $ 709.96

4.0 1 $ 135.22 $ 135.22

4.0 2 $ 270.35 $ 270.35

4.0 3 $ 405.58 $ 405.58

4.0 4 $ 540.72 $ 540.72

4.0 5 $ 675.89 $ 675.89

4.0 6 $ 811.10 $ 811.10

4.0 7 $ 946.26 $ 946.26

EXHIBIT A

TOWN OF APPLE VALLEY PROPOSED RATE INCREASES
Service Type Service Type
TAV 2022 Rates - 6-22-22_City File Rate Exhibit 1

EXHIBIT A

TOWN OF APPLE VALLEY PROPOSED RATE INCREASES
Current Rate
8/1/2021
Proposed Rate
9/1/22
Current Rate
8/1/2021
Proposed Rate
9/1/22
Commercial Trash Bin Service Recycling Compactors
Size Freq 6.0 1 $ 202.83 $ 202.83

1.5 1 $ 69.19 $ 71.89 6.0 2 $ 405.71 $ 405.71

1.5 2 $ 136.40 $ 141.78 6.0 3 $ 608.53 $ 608.53

1.5 3 $ 203.68 $ 211.67 6.0 4 $ 811.44 $ 811.44

1.5 4 $ 270.90 $ 281.56 6.0 5 $ 1,014.27 $ 1,014.27

1.5 5 $ 338.11 $ 351.40 6.0 6 $ 1,217.10 $ 1,217.10

1.5 6 $ 405.39 $ 421.34 6.0 7 $ 1,419.93 $ 1,419.93

1.5 7 $ 472.63 $ 491.21

2.0 1 $ 91.56 $ 95.17 Recycling

2.0 2 $ 181.10 $ 188.24 60 gallon $ 11.09 $ 11.09

2.0 3 $ 270.81 $ 281.47

2.0 4 $ 360.30 $ 374.48

2.0 5 $ 449.82 $ 467.55 Green Waste

2.0 6 $ 539.51 $ 560.76 1.5 1 $ 92.31 $ 96.41

2.0 7 $ 629.10 $ 653.88 1.5 2 $ 182.00 $ 190.12

1.5 3 $ 271.72 $ 283.84

3.0 1 $ 136.26 $ 141.63 1.5 4 $ 361.41 $ 377.56

3.0 2 $ 270.55 $ 281.21 1.5 5 $ 451.04 $ 471.19

3.0 3 $ 404.86 $ 420.82 1.5 6 $ 540.80 $ 564.95

3.0 4 $ 539.19 $ 560.44

3.0 5 $ 676.17 $ 706.94 3.0 1 $ 173.63 $ 181.42

3.0 6 $ 807.78 $ 839.62 3.0 2 $ 344.79 $ 360.30

3.0 7 $ 942.07 $ 979.22 3.0 3 $ 515.99 $ 539.19

3.0 4 $ 687.19 $ 718.11

4.0 1 $ 181.09 $ 188.24 3.0 5 $ 865.00 $ 903.88

4.0 2 $ 359.57 $ 373.75 3.0 6 $ 1,029.53 $ 1,075.86

4.0 3 $ 539.48 $ 560.76

4.0 4 $ 718.63 $ 746.98 35 gallon 1 n/a $ 26.03

4.0 5 $ 897.82 $ 933.23 35 gallon 2 n/a $ 51.22

4.0 6 $ 1,076.99 $ 1,119.48 35 gallon 3 n/a $ 76.43

4.0 7 $ 1,256.13 $ 1,305.68 35 gallon 4 n/a $ 101.63
35 gallon 5 n/a $ 126.80
The 7/1/22 rates are now back to being the same as Comml: 35 gallon 6 n/a $ 151.99 Resdl & MF Trash Barrel Service
60 gallon $ 26.14 $ 27.15 60 gallon 1 n/a $ 31.35
95 gallon $ 28.84 $ 29.95 60 gallon 2 n/a $ 61.76
60 gallon 3 n/a $ 92.18
60 gallon 4 n/a $ 122.60
The 7/1/22 rates are now back to being the same as Comml: 60 gallon 5 n/a $ 153.01 Resdl & MF Trash Bin Service 60 gallon 6 n/a $ 183.43
Size Freq

1.5 1 $ 68.99 $ 71.89 95 gallon 1 $ 40.00 $ 41.78

1.5 2 $ 136.02 $ 141.78 95 gallon 2 n/a $ 82.37

1.5 3 $ 203.10 $ 211.67 95 gallon 3 n/a $ 122.99

1.5 4 $ 270.14 $ 281.56 95 gallon 4 n/a $ 163.59

1.5 5 $ 337.16 $ 351.40 95 gallon 5 n/a $ 204.20

1.5 6 $ 404.24 $ 421.34 95 gallon 6 n/a $ 244.79

1.5 7 $ 471.29 $ 491.21

2.0 1 $ 91.31 $ 95.17

2.0 2 $ 180.59 $ 188.24

2.0 3 $ 270.04 $ 281.47

2.0 4 $ 359.27 $ 374.48

2.0 5 $ 448.55 $ 467.55

2.0 6 $ 537.99 $ 560.76

2.0 7 $ 627.32 $ 653.88
Service Type Service Type
TAV 2022 Rates - 6-22-22_City File Rate Exhibit 2

EXHIBIT A

TOWN OF APPLE VALLEY PROPOSED RATE INCREASES
Current Rate
8/1/2021
Proposed Rate
9/1/22
Current Rate
8/1/2021
Proposed Rate
9/1/22

3.0 1 $ 135.88 $ 141.63 Food Waste (equalized)

3.0 2 $ 269.78 $ 281.21 2.0 1 $ 91.56 $ 95.17

3.0 3 $ 403.71 $ 420.82 2.0 2 $ 181.10 $ 188.24

3.0 4 $ 537.67 $ 560.44 2.0 3 $ 270.81 $ 281.47

3.0 5 $ 674.26 $ 706.94 2.0 4 $ 360.30 $ 374.48

3.0 6 $ 805.48 $ 839.62 2.0 5 $ 449.82 $ 467.55

3.0 7 $ 939.40 $ 979.22 2.0 6 $ 539.51 $ 560.76

4.0 1 $ 180.58 $ 188.24 35 gallon 1 n/a $ 24.00

4.0 2 $ 358.55 $ 373.75 35 gallon 2 n/a $ 46.94

4.0 3 $ 537.96 $ 560.76 35 gallon 3 n/a $ 69.85

4.0 4 $ 716.59 $ 746.98 35 gallon 4 n/a $ 92.75

4.0 5 $ 895.27 $ 933.23 35 gallon 5 n/a $ 115.62

4.0 6 $ 1,073.93 $ 1,119.48 35 gallon 6 n/a $ 138.51

4.0 7 $ 1,252.57 $ 1,305.68
60 gallon 1 $ 26.14 $ 27.15
Temporary Roll-Offs 60 gallon 2 $ 51.46 $ 53.48
10 cubic yard $ 883.54 $ 927.43 60 gallon 3 $ 76.74 $ 79.72 20 cubic yard $ 883.54 $ 927.43 60 gallon 4 $ 102.01 $ 106.00 30 cubic yard $ 639.63 $ 670.11 60 gallon 5 $ 127.25 $ 132.21 60 gallon 6 $ 152.52 $ 158.47
Roll-Offs Permanent
10 cubic yard $ 264.40 $ 274.40
20 cubic yard $ 264.40 $ 274.40
30 cubic yard $ 264.40 $ 274.40
40 cubic yard $ 264.40 $ 274.40
30 cubic yard - compactor $ 264.40 $ 274.40
30 cubic yard - recy compactor (customer owned) $ 291.54 $ 301.54 Liner for Roll-Offs $ 123.93 $ 128.67
Roll Off Retractable Lid Monthly Rental Fee n/a $ 239.00 Current Rate
8/1/2021
Proposed Rate
9/1/22
Extra Services
Temporary Bin
3 cubic yard - 7 days use $ 132.14 $ 137.42
Dump and return $ 132.14 $ 137.42
Barrel Exchange (one exchange per year at no $ 18.53 $ 19.24 charge, does not apply to graffiti or damaged barrels)
Barrel Replacement $ 79.81 $ 82.87
resdl-customer damaged
comml-lost or stolen
Bin Exchange (one exchange per year at no $ 92.64 $ 96.19 charge, does not apply to graffiti or damaged bins)
Bin Replacement + actual cost of bin $ 102.61 $ 106.54
comml-lost or stolen
Additional Bin Fees
Locking Bin $ 13.06 $ 13.56
Contamination Fee -Recycling Bin $ 52.22 $ 54.22
Extra Bin Pickup $ 58.46 $ 60.70
Service Type
Service Type Service Type
TAV 2022 Rates - 6-22-22_City File Rate Exhibit 3

EXHIBIT A

TOWN OF APPLE VALLEY PROPOSED RATE INCREASES
Current Rate
8/1/2021
Proposed Rate
9/1/22
Additional Roll Off Fees
Dry Run $ 67.34 $ 69.92
Rental Fees per week $ 201.10 $ 208.80
Rental Fees per day $ 28.73 $ 29.83
G/W & F/W Contamination Fees
Bins $ 59.80 $ 62.09
Barrels $ 49.34 $ 51.23
Certificate of Destruction (new)
Taken to San Bernardino County Landfill (per ton) $ 129.11 $ 134.05 *Resdl barrel rates may be delayed pending implementation of the mixed organics program.

Service Type
TAV 2022 Rates - 6-22-22_City File Rate Exhibit 4

Current Rate
8/1/2021
Proposed Rate
9/1/22
Current Rate
8/1/2021
Proposed Rate
9/1/22
Residential Service* Bi-Monthly Bi-Monthly Commercial Compactor Trash Service 40 gallon $ 50.76 $ 64.92 Size Freq
60 gallon $ 53.56 $ 67.54 2.0 1 $ 125.06 $ 131.06
95 gallon $ 59.04 $ 72.74 2.0 2 $ 247.97 $ 259.92
40 gallon extra $ 15.56 $ 16.14 2.0 3 $ 371.07 $ 388.95 60 gallon extra $ 19.44 $ 20.20 2.0 4 $ 493.97 $ 517.77 95 gallon extra $ 27.24 $ 28.30 2.0 5 $ 616.86 $ 646.61 40 gallon hardship $ 41.20 $ 55.00 2.0 6 $ 739.93 $ 775.60 60 gallon hardship $ 45.06 $ 58.72 2.0 7 $ 862.94 $ 904.54 95 gallon hardship $ 51.00 $ 64.38

3.0 1 $ 186.49 $ 195.45

3.0 2 $ 370.91 $ 388.78
Residential Trash Bin Service 3.0 3 $ 555.33 $ 582.09
Size Freq 3.0 4 $ 739.76 $ 775.41

1.5 1 n/a $ 79.68 3.0 5 $ 926.83 $ 971.49

1.5 2 n/a $ 140.58 3.0 6 $ 1,108.58 $ 1,162.03

1.5 3 n/a $ 201.47 3.0 7 $ 1,293.00 $ 1,355.34

1.5 4 n/a $ 262.38

1.5 5 n/a $ 323.22 4.0 1 $ 247.97 $ 259.92

1.5 6 n/a $ 384.16 4.0 2 $ 493.24 $ 517.01

1.5 7 n/a $ 445.04 4.0 3 $ 739.93 $ 775.60

4.0 4 $ 985.89 $ 1,033.43

2.0 1 n/a $ 99.96 4.0 5 $ 1,231.85 $ 1,291.23

2.0 2 n/a $ 181.04 4.0 6 $ 1,477.77 $ 1,549.02

2.0 3 n/a $ 262.27 4.0 7 $ 1,723.70 $ 1,806.82

2.0 4 n/a $ 343.27

2.0 5 n/a $ 424.34 Recycling Commercial

2.0 6 n/a $ 505.55 Bin Service

2.0 7 n/a $ 586.67 1.5 1 $ 50.76 $ 50.76

1.5 2 $ 101.52 $ 101.52

3.0 1 n/a $ 140.43 1.5 3 $ 152.28 $ 152.28

3.0 2 n/a $ 262.01 1.5 4 $ 203.05 $ 203.05

3.0 3 n/a $ 383.61 1.5 5 $ 253.80 $ 253.80

3.0 4 n/a $ 505.24 1.5 6 $ 304.59 $ 304.59

3.0 5 n/a $ 633.74 1.5 7 $ 355.31 $ 355.31

3.0 6 n/a $ 748.42

3.0 7 n/a $ 870.01 2.0 1 $ 67.58 $ 67.58

2.0 2 $ 135.25 $ 135.25

4.0 1 n/a $ 181.04 2.0 3 $ 202.77 $ 202.77

4.0 2 n/a $ 342.54 2.0 4 $ 270.37 $ 270.37

4.0 3 n/a $ 505.55 2.0 5 $ 337.99 $ 337.99

4.0 4 n/a $ 667.78 2.0 6 $ 405.63 $ 405.63

4.0 5 n/a $ 830.02 2.0 7 $ 473.17 $ 473.17

4.0 6 n/a $ 992.28

4.0 7 n/a $ 1,154.49 3.0 1 $ 101.44 $ 101.44

3.0 2 $ 202.84 $ 202.84

3.0 3 $ 304.28 $ 304.28
Commercial Barrel Service Monthly Monthly 3.0 4 $ 405.71 $ 405.71 60 gallon $ 26.14 $ 27.15 3.0 5 $ 507.15 $ 507.15
95 gallon $ 28.84 $ 29.95 3.0 6 $ 608.57 $ 608.57

3.0 7 $ 709.96 $ 709.96

4.0 1 $ 135.22 $ 135.22

4.0 2 $ 270.35 $ 270.35

4.0 3 $ 405.58 $ 405.58

4.0 4 $ 540.72 $ 540.72

4.0 5 $ 675.89 $ 675.89

4.0 6 $ 811.10 $ 811.10

4.0 7 $ 946.26 $ 946.26

EXHIBIT A

TOWN OF APPLE VALLEY PROPOSED RATE INCREASES
Service Type Service Type
TAV 2022 Rates - 6-22-22_City File Rate Exhibit 1

EXHIBIT A

TOWN OF APPLE VALLEY PROPOSED RATE INCREASES
Current Rate
8/1/2021
Proposed Rate
9/1/22
Current Rate
8/1/2021
Proposed Rate
9/1/22
Commercial Trash Bin Service Recycling Compactors
Size Freq 6.0 1 $ 202.83 $ 202.83

1.5 1 $ 69.19 $ 71.89 6.0 2 $ 405.71 $ 405.71

1.5 2 $ 136.40 $ 141.78 6.0 3 $ 608.53 $ 608.53

1.5 3 $ 203.68 $ 211.67 6.0 4 $ 811.44 $ 811.44

1.5 4 $ 270.90 $ 281.56 6.0 5 $ 1,014.27 $ 1,014.27

1.5 5 $ 338.11 $ 351.40 6.0 6 $ 1,217.10 $ 1,217.10

1.5 6 $ 405.39 $ 421.34 6.0 7 $ 1,419.93 $ 1,419.93

1.5 7 $ 472.63 $ 491.21

2.0 1 $ 91.56 $ 95.17 Recycling

2.0 2 $ 181.10 $ 188.24 60 gallon $ 11.09 $ 11.09

2.0 3 $ 270.81 $ 281.47

2.0 4 $ 360.30 $ 374.48

2.0 5 $ 449.82 $ 467.55 Green Waste

2.0 6 $ 539.51 $ 560.76 1.5 1 $ 92.31 $ 96.41

2.0 7 $ 629.10 $ 653.88 1.5 2 $ 182.00 $ 190.12

1.5 3 $ 271.72 $ 283.84

3.0 1 $ 136.26 $ 141.63 1.5 4 $ 361.41 $ 377.56

3.0 2 $ 270.55 $ 281.21 1.5 5 $ 451.04 $ 471.19

3.0 3 $ 404.86 $ 420.82 1.5 6 $ 540.80 $ 564.95

3.0 4 $ 539.19 $ 560.44

3.0 5 $ 676.17 $ 706.94 3.0 1 $ 173.63 $ 181.42

3.0 6 $ 807.78 $ 839.62 3.0 2 $ 344.79 $ 360.30

3.0 7 $ 942.07 $ 979.22 3.0 3 $ 515.99 $ 539.19

3.0 4 $ 687.19 $ 718.11

4.0 1 $ 181.09 $ 188.24 3.0 5 $ 865.00 $ 903.88

4.0 2 $ 359.57 $ 373.75 3.0 6 $ 1,029.53 $ 1,075.86

4.0 3 $ 539.48 $ 560.76

4.0 4 $ 718.63 $ 746.98 35 gallon 1 n/a $ 26.03

4.0 5 $ 897.82 $ 933.23 35 gallon 2 n/a $ 51.22

4.0 6 $ 1,076.99 $ 1,119.48 35 gallon 3 n/a $ 76.43

4.0 7 $ 1,256.13 $ 1,305.68 35 gallon 4 n/a $ 101.63
35 gallon 5 n/a $ 126.80
The 7/1/22 rates are now back to being the same as Comml: 35 gallon 6 n/a $ 151.99 Resdl & MF Trash Barrel Service
60 gallon $ 26.14 $ 27.15 60 gallon 1 n/a $ 31.35
95 gallon $ 28.84 $ 29.95 60 gallon 2 n/a $ 61.76
60 gallon 3 n/a $ 92.18
60 gallon 4 n/a $ 122.60
The 7/1/22 rates are now back to being the same as Comml: 60 gallon 5 n/a $ 153.01 Resdl & MF Trash Bin Service 60 gallon 6 n/a $ 183.43
Size Freq

1.5 1 $ 68.99 $ 71.89 95 gallon 1 $ 40.00 $ 41.78

1.5 2 $ 136.02 $ 141.78 95 gallon 2 n/a $ 82.37

1.5 3 $ 203.10 $ 211.67 95 gallon 3 n/a $ 122.99

1.5 4 $ 270.14 $ 281.56 95 gallon 4 n/a $ 163.59

1.5 5 $ 337.16 $ 351.40 95 gallon 5 n/a $ 204.20

1.5 6 $ 404.24 $ 421.34 95 gallon 6 n/a $ 244.79

1.5 7 $ 471.29 $ 491.21

2.0 1 $ 91.31 $ 95.17

2.0 2 $ 180.59 $ 188.24

2.0 3 $ 270.04 $ 281.47

2.0 4 $ 359.27 $ 374.48

2.0 5 $ 448.55 $ 467.55

2.0 6 $ 537.99 $ 560.76

2.0 7 $ 627.32 $ 653.88
Service Type Service Type
TAV 2022 Rates - 6-22-22_City File Rate Exhibit 2

EXHIBIT A

TOWN OF APPLE VALLEY PROPOSED RATE INCREASES
Current Rate
8/1/2021
Proposed Rate
9/1/22
Current Rate
8/1/2021
Proposed Rate
9/1/22

3.0 1 $ 135.88 $ 141.63 Food Waste (equalized)

3.0 2 $ 269.78 $ 281.21 2.0 1 $ 91.56 $ 95.17

3.0 3 $ 403.71 $ 420.82 2.0 2 $ 181.10 $ 188.24

3.0 4 $ 537.67 $ 560.44 2.0 3 $ 270.81 $ 281.47

3.0 5 $ 674.26 $ 706.94 2.0 4 $ 360.30 $ 374.48

3.0 6 $ 805.48 $ 839.62 2.0 5 $ 449.82 $ 467.55

3.0 7 $ 939.40 $ 979.22 2.0 6 $ 539.51 $ 560.76

4.0 1 $ 180.58 $ 188.24 35 gallon 1 n/a $ 24.00

4.0 2 $ 358.55 $ 373.75 35 gallon 2 n/a $ 46.94

4.0 3 $ 537.96 $ 560.76 35 gallon 3 n/a $ 69.85

4.0 4 $ 716.59 $ 746.98 35 gallon 4 n/a $ 92.75

4.0 5 $ 895.27 $ 933.23 35 gallon 5 n/a $ 115.62

4.0 6 $ 1,073.93 $ 1,119.48 35 gallon 6 n/a $ 138.51

4.0 7 $ 1,252.57 $ 1,305.68
60 gallon 1 $ 26.14 $ 27.15
Temporary Roll-Offs 60 gallon 2 $ 51.46 $ 53.48
10 cubic yard $ 883.54 $ 927.43 60 gallon 3 $ 76.74 $ 79.72 20 cubic yard $ 883.54 $ 927.43 60 gallon 4 $ 102.01 $ 106.00 30 cubic yard $ 639.63 $ 670.11 60 gallon 5 $ 127.25 $ 132.21 60 gallon 6 $ 152.52 $ 158.47
Roll-Offs Permanent
10 cubic yard $ 264.40 $ 274.40
20 cubic yard $ 264.40 $ 274.40
30 cubic yard $ 264.40 $ 274.40
40 cubic yard $ 264.40 $ 274.40
30 cubic yard - compactor $ 264.40 $ 274.40
30 cubic yard - recy compactor (customer owned) $ 291.54 $ 301.54 Liner for Roll-Offs $ 123.93 $ 128.67
Roll Off Retractable Lid Monthly Rental Fee n/a $ 239.00 Current Rate
8/1/2021
Proposed Rate
9/1/22
Extra Services
Temporary Bin
3 cubic yard - 7 days use $ 132.14 $ 137.42
Dump and return $ 132.14 $ 137.42
Barrel Exchange (one exchange per year at no $ 18.53 $ 19.24 charge, does not apply to graffiti or damaged barrels)
Barrel Replacement $ 79.81 $ 82.87
resdl-customer damaged
comml-lost or stolen
Bin Exchange (one exchange per year at no $ 92.64 $ 96.19 charge, does not apply to graffiti or damaged bins)
Bin Replacement + actual cost of bin $ 102.61 $ 106.54
comml-lost or stolen
Additional Bin Fees
Locking Bin $ 13.06 $ 13.56
Contamination Fee -Recycling Bin $ 52.22 $ 54.22
Extra Bin Pickup $ 58.46 $ 60.70
Service Type
Service Type Service Type
TAV 2022 Rates - 6-22-22_City File Rate Exhibit 3

EXHIBIT A

TOWN OF APPLE VALLEY PROPOSED RATE INCREASES
Current Rate
8/1/2021
Proposed Rate
9/1/22
Additional Roll Off Fees
Dry Run $ 67.34 $ 69.92
Rental Fees per week $ 201.10 $ 208.80
Rental Fees per day $ 28.73 $ 29.83
G/W & F/W Contamination Fees
Bins $ 59.80 $ 62.09
Barrels $ 49.34 $ 51.23
Certificate of Destruction (new)
Taken to San Bernardino County Landfill (per ton) $ 129.11 $ 134.05 *Resdl barrel rates may be delayed pending implementation of the mixed organics program.

Service Type
TAV 2022 Rates - 6-22-22_City File Rate Exhibit 4

Town of Apple Valley
Rate Worksheet
Residential Barrels
Mixed BWI 7/1/22 7/122
2020 CPI $38.00 2020 CPI 2021 CPI Organics SB 1383 $ 40.75 Other $98.05 2021 CPI Rate Rate

1.62% WDA Other MRF 1.62% 18% 3.83% Service (1) Admin Fee (2) WDA Disposal* MRF Mixed 3.83% 18% $ % Service Level Service Landfill Disposal* Fee Adm Fran. Fee Total Bi-Monthly Service $4.20 $0.90 Landfill (3) Fee Organics (4) Adm Fran. Fee Total Bi-Monthly Increase Increase 40 gallon 15.88 2.18 0.84 1.86 1.13 3.49 $ 25.38 $ 50.76 16.49 4.20 0.90 2.01 0.84 1.05 1.06 1.17 4.74 $ 32.46 $ 64.92 $ 7.08 27.90% 60 gallon 15.94 3.28 1.05 1.86 1.15 3.50 $ 26.78 $ 53.56 16.55 4.20 0.90 3.02 1.05 1.05 1.06 1.19 4.75 $ 33.77 $ 67.54 $ 6.99 26.10% 95 gallon 16.06 5.19 1.71 1.86 1.17 3.53 $ 29.52 $ 59.04 16.68 4.20 0.90 4.78 1.71 1.05 1.06 1.21 4.78 $ 36.37 $ 72.74 $ 6.85 23.20% 40 gallon extra 6.38 - - - - 1.40 $ 7.78 $ 15.56 6.62 - - - - 1.45 $ 8.07 $ 16.14 $ 0.29 3.73% 60 gallon extra 7.97 - - - - 1.75 $ 9.72 $ 19.44 8.28 - - - - 1.82 $ 10.10 $ 20.20 $ 0.38 3.91% 95 gallon extra 11.17 - - - - 2.45 $ 13.62 $ 27.24 11.60 - - - - 2.55 $ 14.15 $ 28.30 $ 0.53 3.89% 40 gallon hardship 11.44 2.18 1.15 1.86 1.46 2.51 $ 20.60 $ 41.20 11.88 4.20 0.90 2.01 1.15 1.05 1.06 1.52 3.73 $ 27.50 $ 55.00 $ 6.90 33.50% 60 gallon hardship 11.99 3.28 1.33 1.86 1.44 2.63 $ 22.53 $ 45.06 12.45 4.20 0.90 3.02 1.33 1.05 1.06 1.50 3.85 $ 29.36 $ 58.72 $ 6.83 30.32% 95 gallon hardship 12.33 5.19 1.95 1.86 1.46 2.71 $ 25.50 $ 51.00 12.80 4.20 0.90 4.78 1.95 1.05 1.06 1.52 3.93 $ 32.19 $ 64.38 $ 6.69 26.24% (1) Cost includes $0.34 trash barrel lid replacement cost over 10 years. To be removed in 2032. (2) SB 1383 Admin Costs are estimated & will be trued up for the 2023/2024 Rate year. (3) Household hazardous waste, community cleanup, & illegal dumping. *Household hazardous waste, community cleanup, & illegal dumping. (4) The full mixed organics processing fee will be phased in as the program matures.

Current 2021-Effective 8/1/21 Proposed 2022-Effective 9/1/22 (may be delayed pending implementation of the mixed organics program) TAV 2022 Rates - 6-22-22_City File 1 Residential

Town of Apple Valley
Rate Worksheet
Residential Refuse Bins
Recycling & MRF Organics
Bin Organics Recycling Processing $40.75 18%
Service Trash Barrel Fee Fee WDA Admin Franchise
Level Service Service $1.05 $1.06 Landfill Fee Fee Total

1.5 - 1x 35.75 12.04 1.05 1.06 13.24 6.05 10.49 $ 79.68

1.5 - 2x 69.83 12.04 1.05 1.06 26.49 12.14 17.97 $ 140.58

1.5 - 3x 103.91 12.04 1.05 1.06 39.73 18.23 25.45 $ 201.47

1.5 - 4x 137.99 12.04 1.05 1.06 52.98 24.33 32.93 $ 262.38

1.5 - 5x 172.04 12.04 1.05 1.06 66.22 30.40 40.41 $ 323.22

1.5 - 6x 206.12 12.04 1.05 1.06 79.46 36.54 47.89 $ 384.16

1.5 - 7x 240.23 12.04 1.05 1.06 92.71 42.57 55.38 $ 445.04

2.0 - 1x 47.05 12.04 1.05 1.06 17.66 8.13 12.97 $ 99.96

2.0 - 2x 92.43 12.04 1.05 1.06 35.32 16.21 22.93 $ 181.04

2.0 - 3x 138.31 12.04 1.05 1.06 52.98 23.83 33.00 $ 262.27

2.0 - 4x 183.14 12.04 1.05 1.06 70.63 32.51 42.84 $ 343.27

2.0 - 5x 228.49 12.04 1.05 1.06 88.29 40.61 52.80 $ 424.34

2.0 - 6x 273.92 12.04 1.05 1.06 105.95 48.76 62.77 $ 505.55

2.0 - 7x 319.30 12.04 1.05 1.06 123.61 56.88 72.73 $ 586.67

3.0 - 1x 69.72 12.04 1.05 1.06 26.49 12.12 17.95 $ 140.43

3.0 - 2x 137.79 12.04 1.05 1.06 52.98 24.20 32.89 $ 262.01

3.0 - 3x 205.85 12.04 1.05 1.06 79.46 36.32 47.83 $ 383.61

3.0 - 4x 273.91 12.04 1.05 1.06 105.95 48.46 62.77 $ 505.24

3.0 - 5x 341.91 12.04 1.05 1.06 132.44 67.54 77.70 $ 633.74

3.0 - 6x 410.02 12.04 1.05 1.06 158.93 72.67 92.65 $ 748.42

3.0 - 7x 478.09 12.04 1.05 1.06 185.41 84.77 107.59 $ 870.01

4.0 - 1x 92.43 12.04 1.05 1.06 35.32 16.21 22.93 $ 181.04

4.0 - 2x 183.16 12.04 1.05 1.06 70.63 31.75 42.85 $ 342.54

4.0 - 3x 273.92 12.04 1.05 1.06 105.95 48.76 62.77 $ 505.55

4.0 - 4x 364.67 12.04 1.05 1.06 141.27 65.00 82.69 $ 667.78

4.0 - 5x 455.42 12.04 1.05 1.06 176.58 81.26 102.61 $ 830.02

4.0 - 6x 546.14 12.04 1.05 1.06 211.90 97.56 122.53 $ 992.28

4.0 - 7x 636.97 12.04 1.05 1.06 247.22 113.68 142.47 $ 1,154.49 Lbs/Yd 100
Proposed 2022 Adjustment- Effective 9/1/22
TAV 2022 Rates - 6-22-22_City File 2 Resdl Bins

Town of Apple Valley
Rate Worksheet
Commercial Refuse
Fee per Yard F/W 18-19 Service F/W F/W Fee per Yard F/W F/W 7/1/22 7/1/22 2020 CPI $0.15 Remaining 1 Month Service Processing $38.00 2020 CPI 18% 2021 CPI $0.15 Service Processing $40.75 2021 CPI 18% Rate Rate Service 1.62% Compliance Credit Taken $0.25 $0.97 WDA 1.62% Franchise 3.83% Compliance $ 0.28 $ 0.86 WDA 3.83% Franchise $ % Level Service Fee Over 11 Months per Yard per Yard Landfill Admin Fee Total Service Fee per Yard per Yard Landfill Admin Fee Total Increase Increase 60 gallon 15.82 0.46 (0.08) 0.33 1.26 2.47 2.25 3.63 $ 26.14 16.43 0.46 0.36 1.12 2.65 2.34 3.79 $ 27.15 $ 1.01 3.86% 95 gallon 15.95 0.46 (0.12) 0.51 2.00 3.91 2.44 3.69 $ 28.84 16.56 0.46 0.58 1.77 4.19 2.53 3.86 $ 29.95 $ 1.11 3.86%

1.5 - 1x 34.43 0.98 (0.39) 1.63 6.31 12.35 5.83 8.05 $ 69.19 35.75 0.98 1.82 5.59 13.24 6.05 8.46 $ 71.89 $ 2.70 3.90%

1.5 - 2x 67.25 1.95 (0.78) 3.25 12.61 24.70 11.69 15.73 $ 136.40 69.83 1.95 3.64 11.18 26.48 12.14 16.56 $ 141.78 $ 5.38 3.94%

1.5 - 3x 100.08 2.93 (1.17) 4.88 18.92 37.05 17.56 23.43 $ 203.68 103.91 2.93 5.46 16.77 39.72 18.23 24.65 $ 211.67 $ 7.99 3.92%

1.5 - 4x 132.90 3.90 (1.56) 6.50 25.22 49.40 23.43 31.11 $ 270.90 137.99 3.90 7.28 22.36 52.96 24.33 32.74 $ 281.56 $ 10.66 3.94%

1.5 - 5x 165.69 4.88 (1.95) 8.13 31.53 61.75 29.28 38.80 $ 338.11 172.04 4.88 9.10 27.95 66.20 30.40 40.83 $ 351.40 $ 13.29 3.93%

1.5 - 6x 198.52 5.85 (2.34) 9.75 37.83 74.10 35.19 46.49 $ 405.39 206.12 5.85 10.92 33.54 79.44 36.54 48.93 $ 421.34 $ 15.95 3.93%

1.5 - 7x 231.37 6.83 (2.73) 11.38 44.14 86.45 41.00 54.19 $ 472.63 240.23 6.83 12.74 39.13 92.68 42.57 57.03 $ 491.21 $ 18.58 3.93%

2.0 - 1x 45.31 1.30 (0.52) 2.17 8.41 16.47 7.83 10.59 $ 91.56 47.05 1.30 2.43 7.45 17.66 8.13 11.15 $ 95.17 $ 3.61 3.94%

2.0 - 2x 89.02 2.60 (1.04) 4.33 16.81 32.94 15.61 20.83 $ 181.10 92.43 2.60 4.85 14.91 35.32 16.21 21.92 $ 188.24 $ 7.14 3.94%

2.0 - 3x 133.21 3.90 (1.56) 6.50 25.22 49.41 22.95 31.18 $ 270.81 138.31 3.90 7.28 22.36 52.98 23.83 32.81 $ 281.47 $ 10.66 3.94%

2.0 - 4x 176.38 5.20 (2.08) 8.67 33.63 65.88 31.31 41.31 $ 360.30 183.14 5.20 9.71 29.81 70.64 32.51 43.47 $ 374.48 $ 14.18 3.94%

2.0 - 5x 220.06 6.50 (2.60) 10.83 42.03 82.35 39.11 51.54 $ 449.82 228.49 6.50 12.13 37.27 88.30 40.61 54.25 $ 467.55 $ 17.73 3.94%

2.0 - 6x 263.82 7.80 (3.12) 13.00 50.44 98.82 46.96 61.79 $ 539.51 273.92 7.80 14.56 44.72 105.96 48.76 65.04 $ 560.76 $ 21.25 3.94%

2.0 - 7x 307.52 9.10 (3.64) 15.17 58.85 115.29 54.78 72.03 $ 629.10 319.30 9.10 16.99 52.17 123.62 56.88 75.82 $ 653.88 $ 24.78 3.94%

3.0 - 1x 67.15 1.95 (0.78) 3.25 12.61 24.70 11.67 15.71 $ 136.26 69.72 1.95 3.64 11.18 26.49 12.12 16.53 $ 141.63 $ 5.37 3.94%

3.0 - 2x 132.71 3.90 (1.56) 6.50 25.22 49.40 23.31 31.07 $ 270.55 137.79 3.90 7.28 22.36 52.98 24.20 32.70 $ 281.21 $ 10.66 3.94%

3.0 - 3x 198.26 5.85 (2.34) 9.75 37.83 74.10 34.98 46.43 $ 404.86 205.85 5.85 10.92 33.54 79.47 36.32 48.87 $ 420.82 $ 15.96 3.94%

3.0 - 4x 263.81 7.80 (3.12) 13.00 50.44 98.80 46.67 61.79 $ 539.19 273.91 7.80 14.56 44.72 105.96 48.46 65.03 $ 560.44 $ 21.25 3.94%

3.0 - 5x 329.30 6.50 (3.90) 16.25 63.05 123.50 65.05 76.42 $ 676.17 341.91 9.75 18.20 55.90 132.45 67.54 81.19 $ 706.94 $ 30.77 4.55%

3.0 - 6x 394.90 11.70 (4.68) 19.50 75.66 148.20 69.99 92.51 $ 807.78 410.02 11.70 21.84 67.08 158.94 72.67 97.37 $ 839.62 $ 31.84 3.94%

3.0 - 7x 460.45 13.65 (5.46) 22.75 88.27 172.90 81.64 107.87 $ 942.07 478.09 13.65 25.48 78.26 185.43 84.77 113.54 $ 979.22 $ 37.15 3.94%

4.0 - 1x 89.02 2.60 (1.04) 4.33 16.81 32.93 15.61 20.83 $ 181.09 92.43 2.60 4.85 14.91 35.32 16.21 21.92 $ 188.24 $ 7.15 3.95%

4.0 - 2x 176.40 5.20 (2.08) 8.67 33.63 65.86 30.58 41.31 $ 359.57 183.16 5.20 9.71 29.81 70.64 31.75 43.48 $ 373.75 $ 14.18 3.94%

4.0 - 3x 263.82 7.80 (3.12) 13.00 50.44 98.79 46.96 61.79 $ 539.48 273.92 7.80 14.56 44.72 105.96 48.76 65.04 $ 560.76 $ 21.28 3.94%

4.0 - 4x 351.22 10.40 (4.16) 17.33 67.25 131.72 62.60 82.27 $ 718.63 364.67 10.40 19.41 59.63 141.28 65.00 86.59 $ 746.98 $ 28.35 3.95%

4.0 - 5x 438.62 13.00 (5.20) 21.67 84.07 164.65 78.26 102.75 $ 897.82 455.42 13.00 24.27 74.53 176.60 81.26 108.15 $ 933.23 $ 35.41 3.94%

4.0 - 6x 525.99 15.60 (6.24) 26.00 100.88 197.58 93.96 123.22 $ 1,076.99 546.14 15.60 29.12 89.44 211.92 97.56 129.70 $ 1,119.48 $ 42.49 3.95%

4.0 - 7x 613.47 18.20 (7.28) 30.33 117.69 230.51 109.49 143.72 $ 1,256.13 636.97 18.20 33.97 104.35 247.24 113.68 151.27 $ 1,305.68 $ 49.55 3.94% Lbs/Yd 100 Lbs/Yd 100
Current 2021 Adjustment- Effective 8/1/21 Proposed 2022 Adjustment- Effective 9/1/22 TAV 2022 Rates - 6-22-22_City File 3 Com Bins

Town of Apple Valley
Rate Worksheet
Commercial Refuse - Compactors
Fee per Yard F/W 18-19 Service F/W F/W Fee per Yard F/W F/W 7/1/22 7/1/22 2020 CPI $0.15 Remaining 1 Month Service Processing $38.00 2020 CPI 18% 2021 CPI $0.15 Service Processing $40.75 2021 CPI 18% Rate Rate Service 1.62% Compliance Credit Taken $0.25 $0.97 WDA 1.62% Franchise 3.83% Compliance $ 0.28 $ 0.86 WDA 3.83% Franchise $ % Level Service Fee Over 11 Months per Yard per Yard Landfill Admin Fee Total Service Fee per Yard per Yard Landfill Admin Fee Total Increase Increase

2.0 - 1x 45.50 1.30 (0.52) 2.17 8.41 49.40 8.16 10.64 $ 125.06 47.24 1.30 2.43 7.45 52.98 8.47 11.19 $ 131.06 $ 6.00 4.80%

2.0 - 2x 89.34 2.60 (1.04) 4.33 16.81 98.80 16.23 20.90 $ 247.97 92.76 2.60 4.85 14.91 105.95 16.85 22.00 $ 259.92 $ 11.95 4.82%

2.0 - 3x 133.67 3.90 (1.56) 6.50 25.22 148.20 23.86 31.28 $ 371.07 138.79 3.90 7.28 22.36 158.93 24.77 32.92 $ 388.95 $ 17.88 4.82%

2.0 - 4x 177.00 5.20 (2.08) 8.67 33.63 197.60 32.51 41.44 $ 493.97 183.78 5.20 9.71 29.81 211.90 33.76 43.61 $ 517.77 $ 23.80 4.82%

2.0 - 5x 220.81 6.50 (2.60) 10.83 42.03 247.00 40.59 51.70 $ 616.86 229.27 6.50 12.13 37.27 264.88 42.14 54.42 $ 646.61 $ 29.75 4.82%

2.0 - 6x 264.70 7.80 (3.12) 13.00 50.44 296.40 48.72 61.99 $ 739.93 274.84 7.80 14.56 44.72 317.85 50.59 65.24 $ 775.60 $ 35.67 4.82%

2.0 - 7x 308.54 9.10 (3.64) 15.17 58.85 345.80 56.86 72.26 $ 862.94 320.36 9.10 16.99 52.17 370.83 59.04 76.05 $ 904.54 $ 41.60 4.82%

3.0 - 1x 67.45 1.95 (0.78) 3.25 12.61 74.10 12.13 15.78 $ 186.49 70.03 1.95 3.64 11.18 79.46 12.59 16.60 $ 195.45 $ 8.96 4.80%

3.0 - 2x 133.24 3.90 (1.56) 6.50 25.22 148.20 24.22 31.19 $ 370.91 138.34 3.90 7.28 22.36 158.93 25.15 32.82 $ 388.78 $ 17.87 4.82%

3.0 - 3x 199.01 5.85 (2.34) 9.75 37.83 222.30 36.33 46.60 $ 555.33 206.63 5.85 10.92 33.54 238.39 37.72 49.04 $ 582.09 $ 26.76 4.82%

3.0 - 4x 264.80 7.80 (3.12) 13.00 50.44 296.40 48.42 62.02 $ 739.76 274.94 7.80 14.56 44.72 317.85 50.27 65.27 $ 775.41 $ 35.65 4.82%

3.0 - 5x 330.56 9.75 (3.90) 16.25 63.05 370.50 63.21 77.41 $ 926.83 343.22 9.75 18.20 55.90 397.31 65.63 81.48 $ 971.49 $ 44.66 4.82%

3.0 - 6x 396.35 11.70 (4.68) 19.50 75.66 444.60 72.62 92.83 $ 1,108.58 411.53 11.70 21.84 67.08 476.78 75.40 97.70 $ 1,162.03 $ 53.45 4.82%

3.0 - 7x 462.15 13.65 (5.46) 22.75 88.27 518.70 84.70 108.24 $ 1,293.00 479.85 13.65 25.48 78.26 556.24 87.94 113.92 $ 1,355.34 $ 62.34 4.82%

4.0 - 1x 89.34 2.60 (1.04) 4.33 16.81 98.80 16.23 20.90 $ 247.97 92.76 2.60 4.85 14.91 105.95 16.85 22.00 $ 259.92 $ 11.95 4.82%

4.0 - 2x 177.00 5.20 (2.08) 8.67 33.63 197.60 31.77 41.45 $ 493.24 183.78 5.20 9.71 29.81 211.90 32.99 43.62 $ 517.01 $ 23.77 4.82%

4.0 - 3x 264.70 7.80 (3.12) 13.00 50.44 296.40 48.72 61.99 $ 739.93 274.84 7.80 14.56 44.72 317.85 50.59 65.24 $ 775.60 $ 35.67 4.82%

4.0 - 4x 352.39 10.40 (4.16) 17.33 67.25 395.20 64.95 82.53 $ 985.89 365.89 10.40 19.41 59.63 423.80 67.44 86.86 $ 1,033.43 $ 47.54 4.82%

4.0 - 5x 440.06 13.00 (5.20) 21.67 84.07 494.00 81.18 103.07 $ 1,231.85 456.91 13.00 24.27 74.53 529.75 84.29 108.48 $ 1,291.23 $ 59.38 4.82%

4.0 - 6x 527.69 15.60 (6.24) 26.00 100.88 592.80 97.44 123.60 $ 1,477.77 547.90 15.60 29.12 89.44 635.70 101.17 130.09 $ 1,549.02 $ 71.25 4.82%

4.0 - 7x 615.45 18.20 (7.28) 30.33 117.69 691.60 113.56 144.15 $ 1,723.70 639.02 18.20 33.97 104.35 741.65 117.91 151.72 $ 1,806.82 $ 83.12 4.82% Lbs/Yd 300 Lbs/Yd 300
Current 2021 Adjustment-Effective 8/1/21 Proposed 2022 Adjustment-Effective 9/1/22 TAV 2022 Rates - 6-22-22_City File 4 Commercial Refuse Compactors

Town of Apple Valley
Rate Worksheet
Commercial Recycling
7/1/22 7/1/22

1.62% $47.17 18% 3.83% $ (2.85) 18% Rate Rate
Service 2020 CPI MRF Franchise 2021 CPI MRF Rate Franchise $ % Level Recycling Fee Fee Total Recycling Fee Stabilization Fee Total Increase Increase 60 gallon 8.34 0.92 1.83 $ 11.09 8.66 (0.06) 0.48 2.01 $ 11.09 $ - 0.00%

1.5 - 1x 37.85 4.60 8.31 $ 50.76 39.30 (0.28) 2.55 9.19 $ 50.76 $ - 0.00%

1.5 - 2x 75.70 9.20 16.62 $ 101.52 78.60 (0.56) 5.10 18.38 $ 101.52 $ - 0.00%

1.5 - 3x 113.55 13.80 24.93 $ 152.28 117.90 (0.84) 7.66 27.56 $ 152.28 $ - 0.00%

1.5 - 4x 151.41 18.40 33.24 $ 203.05 157.21 (1.12) 10.21 36.75 $ 203.05 $ - 0.00%

1.5 - 5x 189.26 23.00 41.54 $ 253.80 196.51 (1.40) 12.75 45.94 $ 253.80 $ - 0.00%

1.5 - 6x 227.13 27.60 49.86 $ 304.59 235.83 (1.68) 15.31 55.13 $ 304.59 $ - 0.00%

1.5 - 7x 264.95 32.20 58.16 $ 355.31 275.10 (1.96) 17.86 64.31 $ 355.31 $ - 0.00%

2.0 - 1x 50.39 6.13 11.06 $ 67.58 52.32 (0.37) 3.40 12.23 $ 67.58 $ - 0.00%

2.0 - 2x 100.85 12.26 22.14 $ 135.25 104.71 (0.74) 6.80 24.48 $ 135.25 $ - 0.00%

2.0 - 3x 151.19 18.39 33.19 $ 202.77 156.98 (1.11) 10.20 36.70 $ 202.77 $ - 0.00%

2.0 - 4x 201.60 24.52 44.25 $ 270.37 209.32 (1.48) 13.60 48.93 $ 270.37 $ - 0.00%

2.0 - 5x 252.02 30.65 55.32 $ 337.99 261.67 (1.85) 17.00 61.17 $ 337.99 $ - 0.00%

2.0 - 6x 302.46 36.78 66.39 $ 405.63 314.04 (2.22) 20.40 73.41 $ 405.63 $ - 0.00%

2.0 - 7x 352.81 42.91 77.45 $ 473.17 366.32 (2.59) 23.80 85.64 $ 473.17 $ - 0.00%

3.0 - 1x 75.64 9.20 16.60 $ 101.44 78.54 (0.56) 5.10 18.36 $ 101.44 $ - 0.00%

3.0 - 2x 151.24 18.40 33.20 $ 202.84 157.03 (1.12) 10.22 36.71 $ 202.84 $ - 0.00%

3.0 - 3x 226.88 27.60 49.80 $ 304.28 235.57 (1.68) 15.32 55.07 $ 304.28 $ - 0.00%

3.0 - 4x 302.51 36.80 66.40 $ 405.71 314.10 (2.24) 20.42 73.43 $ 405.71 $ - 0.00%

3.0 - 5x 378.14 46.00 83.01 $ 507.15 392.62 (2.80) 25.54 91.79 $ 507.15 $ - 0.00%

3.0 - 6x 453.76 55.20 99.61 $ 608.57 471.14 (3.36) 30.64 110.15 $ 608.57 $ - 0.00%

3.0 - 7x 529.36 64.40 116.20 $ 709.96 549.63 (3.92) 35.75 128.50 $ 709.96 $ - 0.00%

4.0 - 1x 100.83 12.26 22.13 $ 135.22 104.69 (0.74) 6.80 24.47 $ 135.22 $ - 0.00%

4.0 - 2x 201.58 24.52 44.25 $ 270.35 209.30 (1.48) 13.60 48.93 $ 270.35 $ - 0.00%

4.0 - 3x 302.42 36.78 66.38 $ 405.58 314.00 (2.22) 20.40 73.40 $ 405.58 $ - 0.00%

4.0 - 4x 403.18 49.04 88.50 $ 540.72 418.62 (2.96) 27.20 97.86 $ 540.72 $ - 0.00%

4.0 - 5x 503.96 61.30 110.63 $ 675.89 523.26 (3.70) 34.00 122.33 $ 675.89 $ - 0.00%

4.0 - 6x 604.78 73.56 132.76 $ 811.10 627.94 (4.44) 40.80 146.80 $ 811.10 $ - 0.00%

4.0 - 7x 705.56 85.82 154.88 $ 946.26 732.58 (5.18) 47.60 171.26 $ 946.26 $ - 0.00% Compactors

6.0 - 1x 151.23 18.40 33.20 $ 202.83 157.02 (1.11) 10.21 36.71 $ 202.83 $ - 0.00%

6.0 - 2x 302.51 36.80 66.40 $ 405.71 314.10 (2.22) 20.40 73.43 $ 405.71 $ - 0.00%

6.0 - 3x 453.73 55.20 99.60 $ 608.53 471.11 (3.33) 30.62 110.13 $ 608.53 $ - 0.00%

6.0 - 4x 605.03 73.60 132.81 $ 811.44 628.20 (4.44) 40.82 146.86 $ 811.44 $ - 0.00%

6.0 - 5x 756.26 92.00 166.01 $ 1,014.27 785.22 (5.55) 51.03 183.57 $ 1,014.27 $ - 0.00%

6.0 - 6x 907.49 110.40 199.21 $ 1,217.10 942.25 (6.66) 61.23 220.28 $ 1,217.10 $ - 0.00%

6.0 - 7x 1,058.73 128.80 232.40 $ 1,419.93 1,099.28 (7.77) 71.43 256.99 $ 1,419.93 $ - 0.00% Lbs/Yd Bin 30 Lbs/Yd Bin 30
Lbs/Yd Compactor 30 Lbs/Yd Compactor 30
Current 2021-Effective 8/1/21 Proposed 2022-Effective 9/1/22 TAV 2022 Rates - 6-22-22_City File 5 Commercial Recycling Page 85 of 112 Town of Apple Valley
Rate Worksheet
Roll Off Service
Permanent
Fee per Load Fee per Load 7/1/22 7/1/22

1.62% $2.75 3.83% $2.75 Rate Rate
Service 2020 CPI Compliance 18% 2021 CPI Compliance 18% $ % Level Tons Service Fee Landfill Fran. Fee Total Service Fee Landfill Fran. Fee Total Increase Increase 10 cubic yard 10 214.06 2.75
Actual
Disposal 47.59 $ 264.40 222.26 2.75
Actual
Disposal 49.39 $ 274.40 $ 10.00 3.78%
20 cubic yard 10 214.06 2.75
Actual
Disposal 47.59 $ 264.40 222.26 2.75
Actual
Disposal 49.39 $ 274.40 $ 10.00 3.78%
30 cubic yard 6 214.06 2.75
Actual
Disposal 47.59 $ 264.40 222.26 2.75
Actual
Disposal 49.39 $ 274.40 $ 10.00 3.78%
40 cubic yard (incl commingle, g/w,
metal, tires) 6 214.06 2.75
Actual
Disposal 47.59 $ 264.40 222.26 2.75
Actual
Disposal 49.39 $ 274.40 $ 10.00 3.78%
40 cubic yard - compactor (& OCC
compactor) 8 214.06 2.75
Actual
Disposal 47.59 $ 264.40 222.26 2.75
Actual
Disposal 49.39 $ 274.40 $ 10.00 3.78%
40 cubic yard - recycling compactorcust owned 8 239.06 Actual Disposal 52.48 $ 291.54 247.26
Actual
Disposal 54.28 $ 301.54 $ 10.00 3.43%
Roll Off Retractable Lid Monthly
Rental Fee n/a 195.98 43.02 $ 239.00 n/a n/a
Temporary
Fee per Load Fee per Load

1.62% $2.75 3.83% $2.75 Rate Rate
Service 2020 CPI Compliance $50.00 18% 2021 CPI Compliance $52.75 18% $ % Level Tons Trash Fee to Burrtec Landfill Fran. Fee Total Trash Fee to Burrtec Landfill Fran. Fee Total Increase Increase 10 cubic yard 10 221.75 2.75 500.00 159.04 $ 883.54 230.24 2.75 527.50 166.94 $ 927.43 $ 43.89 4.97% 20 cubic yard 10 221.75 2.75 500.00 159.04 $ 883.54 230.24 2.75 527.50 166.94 $ 927.43 $ 43.89 4.97% 40 cubic yard 6 221.75 2.75 300.00 115.13 $ 639.63 230.24 2.75 316.50 120.62 $ 670.11 $ 30.48 4.77% Liner Roll Off 101.62 22.31 $ 123.93 105.51 23.16 $ 128.67 $ 4.74 3.82% Monthly
Current 2021 - Effective 8/1/2021 Proposed 2022 - Effective 9/1/2022 Current 2021 - Effective 8/1/2021 Proposed 2022 - Effective 9/1/2022 TAV 2022 Rates - 6-22-22_City File 6 Roll Off Page 86 of 112 Town of Apple Valley
Rate Worksheet
Extra Services
Current 2021 Proposed 2022 Rate $ Rate %
Service Effective 8/1/2021 Effective 9/1/2022 Increase Increase Temporary Bin
3 cubic yard - 7 days use $ 132.14 $ 137.42 $ 5.28 4.00% Dump and return $ 132.14 $ 137.42 $ 5.28 4.00%
Barrel Exchange (one exchange per year at no $ 18.53 $ 19.24 $ 0.71 3.83% charge, does not apply to graffiti or damaged barrels)
Barrel Replacement $ 79.81 $ 82.87 $ 3.06 3.83%
resdl-customer damaged
comml-lost or stolen
Bin Exchange (one exchange per year at no $ 92.64 $ 96.19 $ 3.55 3.83% charge, does not apply to graffiti or damaged bins)
Bin Replacement + actual cost of bin $ 102.61 $ 106.54 $ 3.93 3.83% comml-lost or stolen
Additional Bin Fees
Locking Bin $ 13.06 $ 13.56 $ 0.50 3.83%
Contamination Fee -Recycling Bin $ 52.22 $ 54.22 $ 2.00 3.83% Extra Bin Pickup $ 58.46 $ 60.70 $ 2.24 3.83%
Additional Roll Off Fees
Dry Run $ 67.34 $ 69.92 $ 2.58 3.83%
Rental Fees/week $ 201.10 $ 208.80 $ 7.70 3.83%
Rental Fees/day $ 28.73 $ 29.83 $ 1.10 3.83%
F/W & G/W Contamination Fees
Bins $ 59.80 $ 62.09 $ 2.29 3.83%
Barrels $ 49.34 $ 51.23 $ 1.89 3.83%
Certificate of Destruction
Taken to San Bernardino County Landfill (per ton) $ 129.11 $ 134.05 $ 4.94 3.83% RENTAL CHARGES:

Permanent Boxes
A minimum of four (4) loads per month is needed for boxes to be serviced on a permanent basis.

The weekly rental fee will be charged on weeks that no service has been scheduled.

CPI 1.62% 3.83% TAV 2022 Rates - 6-22-22_City File 7 Addtl fees Page 87 of 112 Town of Apple Valley
Rate Worksheet
Green Waste Rates
Lbs/Yrd Lbs/Yrd
150 150 7/1/22 7/1/22

1.62% Processing 1.62% Franchise 3.83% Processing 3.83% Franchise Rate Rate Bin 2020 CPI $61.12 2020 CPI Fees 2021 CPI $64.64 2021 CPI Fees $ % Size Freq Service per ton Admin 18.00% Total Service per ton Admin 18.00% Total Increase Increase

1.5 1 46.48 29.80 5.83 10.20 $ 92.31 48.26 31.51 6.05 10.59 $ 96.41 $ 4.10 4.44%

1.5 2 90.79 59.59 11.69 19.93 $ 182.00 94.27 63.02 12.14 20.69 $ 190.12 $ 8.12 4.46%

1.5 3 135.11 89.39 17.56 29.66 $ 271.72 140.28 94.54 18.23 30.79 $ 283.84 $ 12.12 4.46%

1.5 4 179.42 119.18 23.43 39.38 $ 361.41 186.29 126.05 24.33 40.89 $ 377.56 $ 16.15 4.47%

1.5 5 223.68 148.98 29.28 49.10 $ 451.04 232.25 157.56 30.40 50.98 $ 471.19 $ 20.15 4.47%

1.5 6 268.00 178.78 35.19 58.83 $ 540.80 278.26 189.07 36.54 61.08 $ 564.95 $ 24.15 4.47% 3 1 83.94 59.59 11.67 18.43 $ 173.63 87.15 63.02 12.12 19.13 $ 181.42 $ 7.79 4.49% 3 2 165.89 119.18 23.31 36.41 $ 344.79 172.24 126.05 24.20 37.81 $ 360.30 $ 15.51 4.50% 3 3 247.83 178.78 34.98 54.40 $ 515.99 257.32 189.07 36.32 56.48 $ 539.19 $ 23.20 4.50% 3 4 329.76 238.37 46.67 72.39 $ 687.19 342.39 252.10 48.46 75.16 $ 718.11 $ 30.92 4.50% 3 5 411.63 297.96 65.05 90.36 $ 865.00 427.40 315.12 67.54 93.82 $ 903.88 $ 38.88 4.49% 3 6 493.63 357.55 69.99 108.36 $ 1,029.53 512.54 378.14 72.67 112.51 $ 1,075.86 $ 46.33 4.50% Lbs/Barrel Lbs/Barrel
100 100
Barrel
35g 1 n/a 16.35 5.16 0.93 3.59 $ 26.03 n/a n/a
35g 2 n/a 32.01 10.32 1.86 7.03 $ 51.22 n/a n/a
35g 3 n/a 47.68 15.48 2.80 10.47 $ 76.43 n/a n/a
35g 4 n/a 63.35 20.64 3.73 13.91 $ 101.63 n/a n/a
35g 5 n/a 79.00 25.80 4.66 17.34 $ 126.80 n/a n/a
35g 6 n/a 94.66 30.96 5.59 20.78 $ 151.99 n/a n/a
65g 1 n/a 16.43 9.58 1.73 3.61 $ 31.35 n/a n/a
65g 2 n/a 32.09 19.17 3.46 7.04 $ 61.76 n/a n/a
65g 3 n/a 47.76 28.75 5.19 10.48 $ 92.18 n/a n/a
65g 4 n/a 63.43 38.33 6.92 13.92 $ 122.60 n/a n/a
65g 5 n/a 79.08 47.91 8.66 17.36 $ 153.01 n/a n/a
65g 6 n/a 94.74 57.50 10.39 20.80 $ 183.43 n/a n/a
95g 1 19.94 13.24 2.44 4.38 $ 40.00 20.70 14.01 2.53 4.54 $ 41.78 $ 1.78 4.45% 95g 2 n/a 40.43 28.01 5.06 8.87 $ 82.37 n/a n/a
95g 3 n/a 60.17 42.02 7.59 13.21 $ 122.99 n/a n/a
95g 4 n/a 79.91 56.02 10.12 17.54 $ 163.59 n/a n/a
95g 5 n/a 99.63 70.03 12.66 21.87 $ 204.20 n/a n/a
95g 6 n/a 119.36 84.03 15.19 26.20 $ 244.79 n/a n/a
Current 2021 - Effective 8/1/2021 Proposed 2022 - Effective 9/1/2022 TAV 2022 Rates - 6-22-22_City File 8 Green Waste Page 88 of 112 Town of Apple Valley
Rate Worksheet
Equalized Food Waste Rates
Fee per Yard F/W 18-19 Service F/W F/W Fee per Yard F/W F/W 7/1/22 7/1/22 2020 CPI $0.15 Remaining 1 Month Service Processing $38.00 2020 CPI 18% 2021 CPI $0.15 Service Processing $40.75 2021 CPI 18% Rate Rate Bin 1.62% Compliance Credit Taken $0.25 $0.97 WDA 1.62% Franchise 3.83% Compliance $ 0.28 $ 0.86 WDA 3.83% Franchise $ % Size Freq Service Fee Over 11 Months per Yard per Yard Landfill Admin Fee Total Service Fee per Yard per Yard Landfill Admin Fee Total Increase Increase 2 1 45.31 1.30 (0.52) 2.17 8.41 16.47 7.83 10.59 $ 91.56 47.05 1.30 2.43 7.45 17.66 8.13 11.15 $ 95.17 $ 3.61 3.94% 2 2 89.02 2.60 (1.04) 4.33 16.81 32.94 15.61 20.83 $ 181.10 92.43 2.60 4.85 14.91 35.32 16.21 21.92 $ 188.24 $ 7.14 3.94% 2 3 133.21 3.90 (1.56) 6.50 25.22 49.41 22.95 31.18 $ 270.81 138.31 3.90 7.28 22.36 52.98 23.83 32.81 $ 281.47 $ 10.66 3.94% 2 4 176.38 5.20 (2.08) 8.67 33.63 65.88 31.31 41.31 $ 360.30 183.14 5.20 9.71 29.81 70.64 32.51 43.47 $ 374.48 $ 14.18 3.94% 2 5 220.06 6.50 (2.60) 10.83 42.03 82.35 39.11 51.54 $ 449.82 228.49 6.50 12.13 37.27 88.30 40.61 54.25 $ 467.55 $ 17.73 3.94% 2 6 263.82 7.80 (3.12) 13.00 50.44 98.82 46.96 61.79 $ 539.51 273.92 7.80 14.56 44.72 105.96 48.76 65.04 $ 560.76 $ 21.25 3.94% Barrel
35g 1 n/a 16.35 0.46 0.18 0.56 1.55 1.17 3.73 $ 24.00 n/a n/a 35g 2 n/a 32.01 0.46 0.37 1.12 3.09 2.68 7.21 $ 46.94 n/a n/a 35g 3 n/a 47.68 0.46 0.55 1.68 4.64 4.15 10.69 $ 69.85 n/a n/a 35g 4 n/a 63.35 0.46 0.73 2.24 6.18 5.62 14.17 $ 92.75 n/a n/a 35g 5 n/a 79.00 0.46 0.91 2.80 7.73 7.08 17.64 $ 115.62 n/a n/a 35g 6 n/a 94.66 0.46 1.09 3.36 9.27 8.55 21.12 $ 138.51 n/a n/a 60g 1 15.82 0.46 (0.08) 0.33 1.26 2.47 2.25 3.63 $ 26.14 16.43 0.46 0.36 1.12 2.65 2.34 3.79 $ 27.15 $ 1.01 3.86% 60g 2 30.91 0.46 (0.16) 0.65 2.52 4.94 5.15 6.99 $ 51.46 32.09 0.46 0.73 2.24 5.30 5.35 7.31 $ 53.48 $ 2.02 3.92% 60g 3 46.00 0.46 (0.23) 0.98 3.78 7.41 7.98 10.36 $ 76.74 47.76 0.46 1.09 3.35 7.95 8.29 10.82 $ 79.72 $ 2.98 3.89% 60g 4 61.09 0.46 (0.31) 1.30 5.04 9.88 10.82 13.73 $ 102.01 63.43 0.46 1.46 4.47 10.60 11.23 14.35 $ 106.00 $ 3.99 3.91% 60g 5 76.16 0.46 (0.39) 1.63 6.31 12.35 13.64 17.09 $ 127.25 79.08 0.46 1.82 5.59 13.24 14.16 17.86 $ 132.21 $ 4.96 3.90% 60g 6 91.25 0.46 (0.47) 1.95 7.57 14.82 16.47 20.47 $ 152.52 94.74 0.46 2.18 6.71 15.89 17.10 21.39 $ 158.47 $ 5.95 3.90% Lbs/Yd 100 Lbs/Yd 100
Current 2021 Adjustment - Effective 8/1/2021 Proposed 2022 Adjustment - Effective 9/1/2022 TAV 2022 Rates - 6-22-22_City File 9 Food Waste Equalized Rates

Town of Apple Valley
Rate Worksheet
Equalized Food Waste Rates
FW Recovery Fee Calculation
Service Processing
Scenario 1 - Stand Alone Rates
Estimated FW Customers 246 246
Estimated Monthly FW Burrtec Revenue $ 28,962 $ 42,033
Scenario 2 - Rates Equalized
Estimated Monthly Refuse Revenue (excl FW Fee) $ 16,622 $ 3,841 FW Equalized Rates Burrtec Revenue Shortfall $ 12,339 $ 38,192 Monthy Total Yardage - Refuse 44,650 44,650
Revenue Shortfall / Net Yardage $ 0.28 $ 0.86
FW Fee FW Fee
TAV 2022 Rates - 6-22-22_City File 9b Food Waste Fee Page 90 of 112

TOWN OF APPLE VALLEY
RESIDENTIAL ANALYSIS January 2021 - December 2021 for 2022 Rates REFUSE Allocated to
Mixed Organics Revised Annual
at 5 lbs/week Trash Tonnage
Annual Tons 22,299.76 (2,463.24) 19,836.52
Lbs/ month 3,716,627 3,306,087 SB County WDA
Lbs/gal 2.7737 2.4673 $ 40.75 7/1/2022
Total Tons per
Monthly % of Montlly Annual Month per
Size Containers Gallons Gallons Tons Customer per ton
95 6,578 624,910 incl. hardship 46.6% 9,251.12 0.117 $4.78 60 11,012 660,720 incl. hardship 49.3% 9,781.25 0.074 $3.02 40 1,358 54,320 incl. hardship 4.1% 804.15 0.049 $2.01
18,948 1,339,950 100.0% 19,836.52
Monthly Gal
1,339,950

RECYCLABLES
Annual Tons 5,628.06
Lbs/ week 216,464
Total Containers 19,614
Weekly Lbs/Home 11.04
Net Cost/(Rebate) $246,717.09
Annual Curbside Recycling-tons 5,641.15
Net Cost/(Rebate) per Ton $ 43.74
Resdl MRF Fee $ 1.05

MIXED ORGANICS
Assumed 5 lbs/week 5.00 VVCF
Lbs/ month 21.67 $ 98.05 7/1/2022
Tons/ month per Cust 0.01
Mixed Organics $ 1.06
TAV 2022 Rates - 6-22-22_City File Page 91 of 112 1aBackup per ton costs for City Series Id:

Series
Title:

Area:

Item:

Base
Period:

Years:

Annual
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 Calc. 2020 277.755 278.657 276.589 275.853 276.842 278.121 279.899 280.116 279.366 279.947 280.102 279.560 278.567 277.303 279.832 1.62% 2021 280.178 281.347 282.648 285.808 287.620 289.218 290.890 291.333 292.209 294.961 296.790 297.925 289.244 284.470 294.018 3.83% Los Angeles-Long Beach-Anaheim, CA
All items
1982-84=100
2020 to 2021
CPI-All Urban Consumers (Current Series)
Original Data Value
CUURS49ASA0
Not Seasonally Adjusted
All items in Los Angeles-Long Beach-Anaheim, CA, all
urban consumers, not seasonally adjusted
TAV 2022 Rates - 6-22-22_City File 16 CPI Page 92 of 112

EXHIBIT B

AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT

BETWEEN THE TOWN OF APPLE VALLEY AND
BURRTEC WASTE INDUSTRIES, INC.

FOR THE COLLECTION AND HANDLING OF SOLID WASTE,

RECYCLABLES, AND ORGANIC WASTE
This First Amendment to the Exclusive Franchise Agreement for the Collection and Handling of Solid Waste, Recyclables, and Organic Waste (the “First Amendment”) is made and entered into this ____ day of _______, 2022 (the “Effective Date”), by and between the TOWN OF APPLE VALLEY, a municipal corporation of the State of California (the “TOWN”) and BURRTEC WASTE INDUSTRIES, INC., a California corporation, dba AVCO DISPOSAL, INC. (“CONTRACTOR”). TOWN and CONTRACTOR are collectively referred to as the “Parties.”

RECITALS
WHEREAS, the TOWN and CONTRACTOR previously entered into that certain Exclusive Franchise Agreement for the Collection and Handling of Solid Waste and Recycling dated January 24, 2017 (the “Agreement”); and,
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (AB 939) (California Public Resources Code Section 40000, et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and, WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939) and subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the ShortLived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies, to promote a reduction in Landfill Disposal and to maximize the use of feasible waste reduction, Reuse, Recycling, and composting options in order to reduce the amount of material that must be Disposed; and,
WHEREAS, TOWN is required under state law to maximize the diversion of all solid waste generated in TOWN from landfills and, in particular, maximize the diversion of recyclable materials and organic waste; and
WHEREAS, regulations promulgated by CalRecycle to implement SB 1383 (the “SB 1383 Regulations”) require TOWN to implement organic waste collection programs, meet organic waste processing facility requirements, conduct contamination monitoring, provide education and outreach, maintain records, submit reports, monitor compliance with the SB 1383 Regulations, and conduct enforcement, and TOWN has chosen to delegate some of its responsibilities to CONTRACTOR, acting as the TOWN’s designee, and CONTRACTOR desires to take on these responsibilities; and

EXHIBIT B
WHEREAS, TOWN and CONTRACTOR desire to amend the Agreement as set forth herein to incorporate service changes, including an organic waste collection program and rate increases.

NOW, THEREFORE, in consideration of the promises above stated and the terms, conditions, covenants, and agreements contained herein, the Parties do hereby agree as follows:

1. AMENDMENT TO SECTION 1. The following definitions are added to Section 1 of the Agreement, and/or amended as set forth herein, as applicable. Definitions otherwise contained in the Agreement and/or any previous amendment(s), but which are not addressed below, shall remain the same.

Black Container has the same meaning as Gray Container.

Blue Container has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials.

Brown Container has the same meaning as in 14 CCR Section 18982.2(a)(5.5) and shall be used for the purpose of storage and collection of source separated Food Waste.

California Code of Regulations or CCR means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR, Division 7, Chapter 12” refers to Title 14, Division 7, Chapter 12 of the California Code of Regulations).

CalRecycle means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations.

Collect or Collection means Solid Waste, Recyclables, Food Waste and Organic Waste pickups made by CONTRACTOR as required by and in accordance with the provisions of this Agreement.

Commercial Edible Food Generators includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified by 14 CCR Section 18982(a)(7).

Compostable Plastics or Compostable Plastic means 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).

Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.

Diversion or Divert means activities which reduce or eliminate discarded materials from disposal, including, but not limited to, source reduction, Reuse, salvage, Recycling, and composting.

EXHIBIT B
Edible Food means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.

Excluded Waste means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that Disposal Facility operator(s) reasonably believe(s) 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 Disposal Facility by permit conditions, waste that in CONTRACTOR’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose CONTRACTOR or TOWN to potential liability.

Food Recovery means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

Food Recovery Organization means an entity that primarily 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, 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.

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 Agreement.

Food Recovery Service means 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).

Food Scraps means the unavoidable waste products from food preparation including but not limited to, carrot peelings, apple cores, meat trimmings, bones. Food Scraps excludes fats, oils, liquids, and grease when such materials are Source Separated from other Food Scraps.

Food-Soiled Paper means compostable paper material that has come in contact with food or liquid, such as, but not limited to, napkins and pizza boxes.

Food Waste means 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

EXHIBIT B
excludes fats, oils, liquids, and grease when such materials are Source Separated from other Food Waste. Edible Food separated for Food Recovery shall not be considered Food Waste.

Generator means the Person or entity that is responsible for the initial creation of waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

Gray Container has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and Collection of Gray Container Waste.

Gray Container Waste means Solid Waste that is collected in a Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Gray Container Waste may specifically include carpet, Non-Compostable Paper and textiles.

Green Container has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of SSGCOW.

Hauler Route(s) means the designated itinerary or sequence of stops for each segment of the TOWN’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

Large Event means 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 Agreement.

Large Venue means 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 14 CCR, Division 7, Chapter 12 and this Agreement, 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 14 CCR, Division 7, Chapter 12 and this Agreement, 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 Agreement.

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).

Non-Organic Recyclables means 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). Non-Organic Recyclables are a subset of Source Separated Recyclable Materials.

EXHIBIT B
Organic Waste means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Yard Trimmings, 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 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

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).

Printing and Writing Papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove 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).

Processing means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

Prohibited Container Contaminants means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the Blue Container; (ii) discarded materials placed in the Brown Container that are not identified as acceptable Source Separated Food Waste for the Brown Container; (iii) discarded materials placed in the Green Container that are not identified as acceptable SSGCOW for the Green Container; (iii) Discarded Materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials, Food Waste and/or SSGCOW to be placed in Blue Container, Brown Container, and/or Green Container; and (iv) Excluded Waste placed in any Container.

Recycle or Recycling means the process of Collecting, sorting, cleansing, treating, and reconfiguring materials for the purpose of returning them to the economic mainstream in the form of raw material for new, Reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of landfill disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

Reuse or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402.5(b)(2).

SB 1383 means Senate Bill 1383 (Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

EXHIBIT B
SB 1383 Regulations refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

Service Level refers to the number and size of a Customer’s Container(s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc.

Source Separated means 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 the Agreement, 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 such that Source Separated materials are separated from Gray Container Waste and other Solid Waste for the purposes of Collection and processing.

Source Separated Brown Container Food Waste or SSBCFW means Source Separated Food Waste that can be placed in a Brown Container.

Source Separated Green Container Organic Waste or SSGCOW means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.

Source Separated Recyclable Materials means Source Separated Non-Organic Recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7) and acceptable paper products, that can be placed in a Blue Container.

Tier One Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:
(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.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement.

Tier Two Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

EXHIBIT B
(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.
(5) Large Event.
(6) 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.
(7) A local education agency with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement.

Yard Trimmings means types of SSGCOW resulting from normal yard and landscaping installation, maintenance, or removal that the Generators Source Separate and set out in Green Containers for Collection for the purpose of processing by the CONTRACTOR.

2. COLLECTION SYSTEM. Subsection b. “Collection System” is hereby added to Section 7 of the Agreement as follows, and the existing Subsections b-h shall be relettered as Subsections c-i.
“b. Collection System
i. General. CONTRACTOR shall provide an approved Collection program for the separate Collection of Source Separated Recyclable Materials, SSGCOW, commercial Food Waste, and Gray Container Waste as specified in this Agreement, using Containers that comply with the requirements of this Agreement and SB 1383 Regulations. CONTRACTOR shall not knowingly Collect Blue, Green, Brown or Gray Containers that include Prohibited Container Contaminants. ii. Source Separated Recyclable Materials Collection (Blue Container).

CONTRACTOR shall provide Blue Containers to Customers for Collection of Source Separated Recyclable Materials and shall provide Source Separated Recyclable Materials Collection service. CONTRACTOR shall transport the Source Separated Recyclable Materials to a Disposal Facility that recovers the materials designated for Collection in the Blue Containers, in accordance with the SB 1383 Regulations.
iii. SSGCOW Collection (Green Container). CONTRACTOR shall provide Green Containers to Customers for Collection of SSGCOW and shall provide SSGCOW Collection service. CONTRACTOR shall Transport the SSGCOW to a Disposal Facility in accordance with SB 1383 Regulations. CONTRACTOR may Collect Compostable Plastics, as defined, in the Green Containers for Processing.

If the CONTRACTOR elects to Collect Compostable Plastics in the Green Container, then CONTRACTOR shall provide annual written notification to the TOWN that the Disposal Facility has and will continue to have the capabilities to

EXHIBIT B
process and recover the Compostable Plastics. If the Facility cannot process and recover Compostable Plastics, then CONTRACTOR will not Collect Compostable Plastics in the Green Container.
iv. Commercial Food Waste (Brown Container). CONTRACTOR shall provide Brown Containers to commercial Customers for Collection of Food Waste and shall provide source separated Food Waste Collection service to commercial customers. CONTRACTOR shall transport Source Separated Food Waste to a Disposal Facility in accordance with SB 1383 Regulations. v. Gray Container Waste Collection. CONTRACTOR shall provide Gray Containers to Customers for Collection of Gray Container Waste and shall provide Gray Container Waste Collection service. CONTRACTOR shall transport the Gray Container Waste to a Disposal Facility in accordance with the SB 1383 Regulations.

CONTRACTOR may allow carpets and textiles to be placed in the Gray Containers.”

3. USE OF PLASTIC BAGS FOR FOOD WASTE COLLECTION IN GREEN CONTAINERS FOR SINGLE-UNIT RESIDENTIAL PREMISES. Subsection j. “Use of Plastic Bags for SSGCOW Collection” is hereby added to Section 7 of the Agreement as follows:
“j. Collection System
CONTRACTOR may require Customers and Generators of Single-Unit Residential and Multi-Family Residential Premises to place Food Waste in plastic bags or other paper wrappings and put the bagged or wrapped Food Waste in the Green Container. CONTRACTOR shall provide written notification to the TOWN that allowing the use of bags does not inhibit the ability of the TOWN to comply with SB 1383 Regulations, and that the Disposal Facility can process and remove plastic bags when it recovers SSGCOW. CONTRACTOR shall provide annual written notification to the TOWN that the Disposal Facility has and will continue to have the ability to process and remove plastic bags when it recovers SSGCOW.”

4. CONTAMINATION MONITORING. Subsection i. “Contamination Monitoring” is hereby added to Section 8 of the Agreement as follows
“i. Contamination Monitoring
i. Actions upon Identification of Prohibited Container Contaminants.

Upon finding Prohibited Container Contaminants in a Container, CONTRACTOR shall follow the protocols set forth in this Section.
ii. Record Keeping. The driver or other CONTRACTOR representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on-board computer system including date, time, Customer’s address, type of Container (Blue, Green, Brown or Gray Container); and maintain photographic

EXHIBIT B
evidence, when possible.
iii. Courtesy Pick-Up Notices. Upon identification of Prohibited Container Contaminants in a Customer’s Container, CONTRACTOR shall provide the Customer a courtesy pick-up notice. The courtesy pick-up notification shall: (i) inform the Customer of the observed presence of Prohibited Container Contaminants; (ii) include the date and time the Prohibited Container Contaminants were observed; (iii) include information on the Customer’s requirement to properly Source Separate materials into the appropriate Containers, describe the accepted and prohibited materials for Collection in the Blue Container, Brown Container, Green Container, and/or Gray Container; (iv) inform the Customer of the courtesy pick-up of the contaminated materials on this occasion with information for subsequent instances of Prohibited Container Contaminants, CONTRACTOR may assess contamination processing fees; and, (v) CONTRACTOR may include photographic evidence. CONTRACTOR shall leave the courtesy pick-up notice attached to or adhered to the Customer’s contaminated Containers; at the premises’ door or gate; or, may deliver the notice by mail, e-mail, text message, or other electronic message.
iv. Notice of Assessment of Contamination Processing Fees. If the CONTRACTOR observes Prohibited Container Contaminants in a Customer’s Container on more than two occasions within a six-month time period and issued courtesy pick-up notices on both of those occasions, the CONTRACTOR may impose a contamination processing fee pursuant to fees and rates approved by resolution of TOWN Council on the third or subsequent instance of contamination. CONTRACTOR shall notify the TOWN in its monthly report to TOWN of Customers for which Contamination Processing fees were assessed. CONTRACTOR shall leave a Contamination Processing fee notice attached to or adhered to the Customer’s contaminated Container(s); at the premises door or gate; or, deliver the notice by mail, e-mail, text message, or other electronic message. The Contamination Processing fee notice shall identify the prohibited material(s), explain how to prevent future violations, and indicate that the Customer will be charged a contamination Processing fee on the next solid waste bill. The format of the contamination Processing fee notice shall be approved by the TOWN. v. Disposal of Contaminated Materials. If the CONTRACTOR observes Prohibited Container Contaminants in a Customer’s Container(s), CONTRACTOR may dispose of the Container’s contents, provided CONTRACTOR complies with the noticing requirements in subsection iii. above.”

5. ROUTE REVIEWS AND WASTE EVALUATIONS. Subsection j. “Route Reviews and Waste Evaluations” is hereby added to Section 8 of the Agreement as follows:
“j. Route Reviews and Waste Evaluations:

CONTRACTOR shall meet its SB 1383 Regulations contamination monitoring requirements using Route Reviews or Waste Evaluations.
i. Route Reviews

EXHIBIT B
aa. If CONTRACTOR elects to perform Route Reviews, CONTRACTOR shall, conduct Hauler Route reviews for Prohibited Container Contaminants in Collection Containers in a manner that is deemed safe by the CONTRACTOR; is approved by TOWN; is conducted in a manner that results in all Hauler Routes being reviewed annually, and is consistent and in accordance with SB 1383 Regulations and 14 CCR Section 18984.5(b). Containers may be randomly selected along the Hauler Route. This Section should not be construed to require that every container on a Hauler Route must be sampled annually. CONTRACTOR may prioritize the inspection of Customers that are more likely to be out of compliance. bb. Upon finding Prohibited Container Contaminants in the Container, CONTRACTOR shall follow the contamination monitoring noticing procedures as described herein.
ii. Waste Evaluations
If CONTRACTOR elects to perform Waste Evaluations, CONTRACTOR shall conduct waste evaluations that comply with and meet the requirements of 14 CCR Section 18984.5(c).

TOWN maintains the right to observe, or hire a third party CONTRACTOR to observe the waste evaluations.

EXHIBIT B
aa. Sampling Method, Study Protocols. CONTRACTOR shall conduct waste evaluations for Prohibited Container Contaminants by sampling the contents of Containers on Hauler Routes in the following manner:
 CONTRACTOR shall conduct waste evaluations at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR Section 18984.5(c).
 CONTRACTOR’s waste evaluations shall include samples of Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste.  The waste evaluations shall include samples from each Container type served by the CONTRACTOR and shall include samples taken from different areas in the TOWN that are representative of the TOWN’s waste stream.  The waste evaluations shall include at least the minimum number of samples specified in SB 1383 Regulations.
 The CONTRACTOR shall transport all of the material collected for sampling to a sorting area at a permitted solid waste facility where the presence of Prohibited Container Contaminants for each Container type shall be measured to determine the ratio of Prohibited Container Contaminants present in each material stream by weight. To determine the ratio of Prohibited Container Contaminants, the CONTRACTOR shall use protocols established in accordance with the SB 1383 regulations.
bb. Contamination Response. If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, the CONTRACTOR shall within fifteen (15) working days of the waste evaluation, notify all Customers on the sampled Hauler Route of their requirement to properly source separate materials into the appropriate Containers.

CONTRACTOR may provide this information by placing a written notice on the Customer’s Containers or the gate or door of the premises; and/or by mail, email, or electronic message to the Generators. The format of the warning notice shall be approved by the TOWN.
cc. Material Exceptions. Textiles, carpet, hazardous wood waste, human waste, pet waste, or material(s) subject to a quarantine of movement issued by a County agricultural commissioner is not required to be measured as Organic Waste when calculating the amount of Organic Waste present in the Gray Container Waste.

EXHIBIT B
iii. Recordkeeping Requirements.

CONTRACTOR shall maintain all applicable records required under SB 1383 Regulations, and report to the TOWN on contamination monitoring activities, route reviews and/or waste evaluations, and actions taken.
iv. Alternative Methods.

Nothing in this Section shall prohibit the CONTRACTOR from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, its Regulations, and/or any other applicable law, as may be amended from time to time, subject to TOWN’s approval.”

6. EDUCATION AND OUTREACH. The following is hereby added to the end of Section 8(f) of the Agreement as follows:
“i. Public Education.

CONTRACTOR shall, create all applicable education materials and conduct all education programs and activities as provided by and in accordance with the SB 1383 Regulations. On an annual basis, or more often, CONTRACTOR shall provide educational material by mail or electronically to customers providing information consistent with 14 CCR Section 18985. For illustrative purposes, such materials may include information concerning proper Recycling, the use of Containers for Organic Waste and commercial Food Waste, composting, preventing Contamination, and proper container placement. Updated educational materials shall be prepared for each fiscal year, and submitted to TOWN Manager for approval. CONTRACTOR shall perform the recordkeeping requirements related to compliance with education and outreach requirements under 14 CCR Section 18985.3. TOWN shall perform the record keeping requirements related to its education and outreach efforts. CONTRACTOR shall cooperate and coordinate with the TOWN on public education activities. ii. Food Recovery Listings.

The CONTRACTOR and TOWN shall coordinate, maintain and annually update a list of Food Recovery Organizations and Food Recovery Services operating within the TOWN, maintain the list on the CONTRACTOR’s website, and share the list with the TOWN so the TOWN can post the list on the TOWN’s website. The list shall include, at a minimum, the following information about each Food Recovery Organization and Food Recovery Service:
(1) Name and physical address;
(2) Contact information;
(3) Collection service area; and
(4) An indication of the types of Edible Food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery.

EXHIBIT B
iii. Commercial Edible Food Generator Outreach
At least annually, the CONTRACTOR shall provide Commercial Edible Food Generators with the following information:
(1) Information about the TOWN’s Edible Food Recovery program; (2) Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;
(3) Information about Food Recovery Organizations and Food Recovery Services operating within the TOWN, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and (4) Information about actions Commercial Edible Food Generators can take to reduce and prevent the creation of Food Waste.
iv. Method of Delivery.

The CONTRACTOR may provide the information required above by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to Commercial Businesses.”

7. ANNUAL ADJUSTMENT Subsection b. of Section 9 of the Agreement is hereby amended as follows:
“b. Annual Adjustment.

In addition to other increases as provided herein, CONTRACTOR may annually request adjustments to the charges made to Customers under this Agreement to reflect increases in CONTRACTOR’s costs. CONTRACTOR shall make each request in writing, no later than March 31 of each year, and shall be effective July 1 of each year. CONTRACTOR shall submit detailed information with each request to substantiate its claimed cost increases. The adjustments will be based on the previous calendar year’s 12-month average change in the Consumer Price Index for All Urban Consumers as published by the U.S.

Department of Labor for Los Angeles-Long Beach-Anaheim, CA (previously named LosAngeles-Riverside-Orange County, CA). TOWN may request additional information if TOWN believes that the materials provided by CONTRACTOR are insufficient or inadequate. Subject to the limits contained in this paragraph, TOWN shall grant the adjustment, at the TOWN Council’s discretion, if it finds that CONTRACTOR’s costs have increased by the amount indicated, and that CONTRACTOR is in compliance with every term of this Agreement. A grant of a rate adjustment shall be by resolution following a public hearing concerning the proposed increase. No adjustment granted by TOWN shall exceed four percent (4%) or the change in the Consumer Price Index for All Urban Consumers as published by the U.S. Department of Labor for Los Angeles-Long BeachAnaheim, CA, whichever is less.”

EXHIBIT B

8. BILLING AND ENROLLMENT The following is hereby added to the end of Section 9 of the Agreement as follows:
“d. Contamination Processing Fees.

Any contamination Processing fees to be assessed upon a Customer account shall be included and itemized on the Customer’s invoice for the billing period in which the CONTRACTOR notified the Customer of the assessment of the contamination processing fee.” e. Enrollment Assistance
TOWN requires that Customers subscribe to organic waste collection services.

CONTRACTOR shall assist the TOWN in ensuring that the subscription of Customers to Collection services occurs in a timely and efficient manner. CONTRACTOR shall maintain records and provide reports necessary for the TOWN to verify the subscription of Customers. f. Notification of Rate Increases.

TOWN and CONTRACTOR recognize the disposal and processing fees, which are a component of TOWN’s solid waste rate, are set by the entity owning and operating the landfill, compost, or processing facility. Rate adjustments for associated transportation costs incurred by the CONTRACTOR due to adjustments in CPI shall be made no more frequently than once annually. CONTRACTOR shall submit such a request as part of its normal and historically accepted proposed solid waste rates process and as is required under the provisions of Proposition 218 for the purposes of noticing the affected public. CONTRACTOR shall be responsible for all written notifications to Customers of adjustments at least 30 days before the effective date of the adjustment pursuant to Government Code section 53756 and for mailed notices to property owners and tenants responsible for solid waste bills in accordance with Proposition 218.”

9. GENERATOR WAIVER PROGRAM COORDINATION. Subsection k. “Generator Waiver Program Coordination” is hereby added to Section 7 of the Agreement as follows:
“k. Generator Waiver Program Coordination
i. General.

In accordance with SB 1383 Regulations and Section 6.20.210 of the TOWN’s Municipal Code, TOWN may grant waivers from organic waste collection services to eligible Commercial waste generators from organic waste collection services. Waivers issued shall be subject to compliance with Section 6.20.210 of the TOWN’s Municipal Code. ii. Requests Submitted to CONTRACTOR.

Waste generators may submit requests for waivers to the CONTRACTOR.

CONTRACTOR shall be responsible for the distribution, collection and evaluation of waiver applications as appropriate and provide TOWN a recommendation to accept or reject waiver requests. CONTRACTOR shall review the generator’s waiver application and inspect the generator’s premises as needed to verify the accuracy of the application. CONTRACTOR shall

EXHIBIT B
provide documentation of the review in its recommendation to approve or deny the waiver request.

TOWN ultimately retains the right to approve or deny any application, regardless of the CONTRACTOR’s recommendation. CONTRACTOR shall report information regarding waivers reviewed to the TOWN.
iii. CONTRACTOR Change in Customer Service Levels.

When the TOWN grants a waiver to a generator, TOWN shall notify the CONTRACTOR within ten (10) business days of the waiver approval with pertinent Customer information and any changes to the SSGCOW Service Level or Collection service requirements for the Customer.

CONTRACTOR shall have five (5) business days to modify the Customer’s SSGCOW Service Level and billing statement, as needed.
iv. Reverification of Waivers.

CONTRACTOR shall conduct such reverifications of waivers and review applicable records at least once every five (5) years for de minimis and physical space constraint waivers.

CONTRACTOR shall maintain a record of each waiver verification and provide a report to the TOWN documenting the waiver reverifications performed and recommendations to TOWN on those waivers that CONTRACTOR concludes are no longer warranted. The TOWN shall make a final determination of the waiver eligibility of those generators.”

10. INSPECTION AND ENFORCEMENT. Subsection k. “Inspection and Enforcement” is hereby added to Section 8 of the Agreement as follows:
“k. Inspection and Enforcement
CONTRACTOR shall assist the TOWN with and/or conduct applicable inspections and enforcement as specified in this Agreement. CONTRACTOR shall maintain a computer database of all oral and written SB 1383 related non-compliance incidents reported to CONTRACTOR by Customers, TOWN, or discovered by CONTRACTOR. CONTRACTOR shall maintain all applicable records from inspection and enforcement in accordance with SB 1383 Regulations, with the exception of Notice of Violations which shall be the responsibility of TOWN. TOWN shall be responsible for the issuance of any fines for TOWN Municipal Code violations.”

11. COMPLAINTS, REPORTS OF NON-COMPLIANCE. Subsection l. “Complaints, Reports of Non-Compliance” is hereby added to Section 8 of the Agreement as follows:
“l. Complaints, Reports of Non-Compliance
i. Investigation.

As needed, CONTRACTOR shall assist the TOWN in its investigation of complaints investigations.
ii. Recordkeeping and Reporting.

EXHIBIT B
CONTRACTOR agrees to maintain a log of all applicable oral and written complaints or reports of non-compliance received by the CONTRACTOR. CONTRACTOR shall be responsible for the prompt and courteous attention to the complaint and subsequent notice shall be sent to the TOWN for further inspection and enforcement efforts.”

12. PROVISION FOR PROCUREMENT OF RECOVERED ORGANIC WASTE PRODUCT Subsection m. “Provision for Procurement of Recovered Organic Waste Products” is hereby added to Section 8 of the Agreement as follows:
“m. Provision for Procurement of Recovered Organic Waste Products CONTRACTOR shall procure and provide to TOWN sufficient quantities of compost and/or mulch to meet the TOWN’s required annual per capita procurement of products produced in accordance with 14 CCR Section 18993.1. CONTRACTOR shall comply with the recordkeeping and verification requirements of 14 CCR 18993.2.”

13. CONTAINER REQUIREMENTS. The following shall be added to the end of Subsection h “Provision and Replacement of Containers and Bins” as follows:
“CONTRACTOR shall provide Collection Containers as follows: (i) Solid Waste container bodies and/or lids shall be black or gray; (ii) Recyclable Materials container bodies and/or lids shall be blue; (iii) Organic Waste Container bodies and/or lids shall be green; and (iv) commercial Food Waste Container bodies and/or lids shall be brown.

No later than January 1, 2036, CONTRACTOR shall provide all Customers with Collection Containers that comply with the Container color requirements specified in this Agreement or as otherwise specified in the SB 1383 Regulations. Notwithstanding this Section, the CONTRACTOR is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Agreement prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.”

14. LABELING REQUIREMENTS Subsection l. “Labeling Requirements” is hereby added to Section 7 of the Agreement as follows:
“l. Labeling Requirements
Contractor shall place a label on the body or lid of each Container that has been provided to a Customer that includes language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that Container in accordance with the SB 1383 Regulations. Labels shall clearly indicate items that are Prohibited Container Contaminants for each Container.”

15. ORGANICS RECORDKEEPING AND REPORTING. Subsection d. “Organics Recordkeeping and Reporting” is hereby added to Section 17 of the Agreement as follows, and the existing Subsection d shall be relettered as Subsection e.

EXHIBIT B
“d. Organics Recordkeeping and Reporting
CONTRACTOR shall prepare and maintain the records identified in 14 CCR Section 18995.2(f) arising from the work performed by CONTRACTOR and assist TOWN in reporting such information CONTRACTOR will provide an annual report of the following: (i) the average daily gross tons of Organic Waste Collected by route, with map of routes; (ii) the total number of generators that receive each type of Organic Waste Collection service provided by the CONTRACTOR; (iii) number of Organic Waste Collection containers distributed by size and customer type; and, (iv) annual totals of Organic Waste processed including facility name and location.

CONTRACTOR shall also allow TOWN access to records via remote access to CONTRACTOR’s third-party reporting software for the purposes of auditing and inspecting SB 1383-related records and reports. Additional information that may be required from time to time for the purposes of complying with the SB 1383 Regulations shall also be furnished by the CONTRACTOR within a reasonable amount of time and upon request.”

16. IDENTIFICATION OF FACILITIES Subsection b. iv. is hereby added to Section 8 of the Agreement as follows:
“iv. CONTRACTOR shall identify the Disposal Facilities to which they will transport organic waste as required by the SB 1383 Regulations.”

17. EXHIBIT B. Exhibit “B” to the Agreement is hereby deleted and replaced in its entirety with Exhibit “B” attached to this First Amendment, which shall be incorporated as a new Exhibit “B” of the Agreement (“Schedule of Maximum Service Rates”).

18. OTHER TERMS AND CONDITIONS UNCHANGED.

Except as expressly amended by the Amendment, all other terms and conditions of the Agreement shall remain unchanged. In the event of any conflict between the terms and conditions of this Amendment and the terms and conditions of the Agreement and/or any previous amendment thereto, the terms and conditions of this Amendment shall prevail and control.

19. COUNTERPARTS.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

EXHIBIT B
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written.

TOWN OF APPLE VALLEY BURRTEC WASTE INDUSTRIES, INC.

By: By:

Mayor
Its:

Attest:

By:

Town Clerk
Approved as to Form:

By:

Town Attorney

Town Council Agenda Report
Date: August 23, 2022
To: Honorable Mayor and Town Council
Subject: DISCUSSION OF SHORT-TERM RENTAL OPTIONS
From: Douglas Robertson, Town Manager
Submitted by: Thomas A. Rice, Town Attorney
Town Attorney
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
That the Town Council receive an oral presentation from the Town Attorney regarding various options for addressing short-term rentals, discuss said options, and provide appropriate direction.

BACKGROUND
In the past year, the Town has seen an increase in nuisance conditions caused by short-term rentals. The Town Council has requested an opportunity to hear about the different ways in which municipalities across the state are addressing these issues.

SUMMARY
The Town Attorney will provide a report on the various options available for consideration by the Council.

FISCAL IMPACT
None at this time.

Town Council Agenda Report
Date: August 23, 2022
To: Honorable Mayor and Town Council
Subject: CLOSED SESSION

From: Douglas Robertson, Town Manager
Submitted by: Thomas Rice, Town Attorney
Town Attorney
Budgeted Item: Yes No N/A

RECOMMENDED ACTION
Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9: (1) Case No.: CIVDS1600180 – Town of Apple Valley vs. Apple Valley Ranchos Water Company Et Al.; and (2) Town of Apple Valley vs. Apple Valley Ranchos Water Company, et al., Court of Appeal Case No. E078348.