800 - Capital Projects Reserve Amended Year-End Adopted Proposed Amended Proposed Amended Budget Actual Budget Carryforward Budget Amendment Budget
RECEIPTS
State Grant Reimbursement - $ - $ - $ - $ - $ - $ - $
Cost Recovery 50,000 - 50,000 - 50,000 - 50,000
TOTAL RECEIPTS 50,000 - 50,000 - 50,000 - 50,000
EXPENDITURES
Spec Prof Serv-Other - - - - - - -
TOTAL EXPENDITURES - - - - - - -
CAPITAL OUTLAY
Construction Projects 3,754,058 3,080,008 50,000 674,050 724,050 - 724,050 Capital Replacement 572,661 108,303 360,000 215,082 575,082 465,000 1,040,082 Vehicle & Equipment Replacement 772,342 745,918 250,000 26,424 276,424 100,000 376,424 Capital Maintenance 1,142,000 542,896 15,000 597,752 612,752 - 612,752 TOTAL CAPITAL OUTLAY 6,241,061 4,477,126 675,000 1,513,307 2,188,307 565,000 2,753,307
OPERATING TRANSFERS IN (OUT)
Transfer IN (OUT)- Fund 001 Vehicle Res 500,000 500,000 - - - - - Transfer IN (OUT)- Fund 001 A/S vehicle 11,000 11,000 9,500 - 9,500 - 9,500 Transfer IN (OUT)- Fund 001 Unassigned 3,500,000 3,500,000 - - - - - Transfer IN (OUT) - Fund 536 ATP Grant Match - - - - - - - Transfer IN (OUT)- Fund 572 Prop 68 Aquatics (4,500,000) - - (4,500,000) (4,500,000) - (4,500,000) Transfer IN (OUT)- Fund 574 ARPA - Senior Center (407,000) - (407,000) (407,000) - (407,000) Transfer IN (OUT)- Fund 801 Measure Y 150,000 150,000 - - - - - 4,161,000 (746,000) 9,500 (4,907,000) (4,897,500) - (4,897,500)
INCREASE (DECREASE) IN
FUND BALANCE (6,937,061) (316,126) (615,500) (6,420,307) (7,035,807) (565,000) (7,600,807) Unassigned Cap Reserve Fund 8,547,811 9,456,387 9,763,144 - 9,763,144 - 9,763,144 Town Wide Infrastructure Reserve - 1,374,317 - - - - -
Specialized Professional Services Reserve 52,322 52,322 52,322 - 52,322 - 52,322 Unspent Bond Proceeds - 2022 Debt Issuance 2,500,000 - 1,000,000 - 1,000,000 - 1,000,000 Unspent Bond Proceeds-Sewer Design 30,526 173,235 159,587 - 159,587 - 159,587 Fleet Reserve 428,634 503,032 268,114 - 268,114 - 268,114 BEGINNING FUND BALANCE 11,559,294 11,559,293 11,243,167 - 11,243,167 - 11,243,167 Unassigned Cap Reserve Fund 3,437,092 9,763,144 9,405,466 - 3,043,414 - 3,043,414 Specialized Prof. Services Reserve 2,322 52,322 50,000 - 50,000 - 50,000 Unspent Bond Proceeds - 2022 Debt Issuance 1,000,000 1,000,000 1,000,000 - 1,000,000 - 1,000,000 Unspent Bond Proceeds-Sewer Design 15,526 159,587 144,587 - 144,587 - 144,587 Fleet Reserve 167,292 268,114 27,614 - 1,190 - (98,810) ENDING FUND BALANCE 4,622,233 $ 11,243,167 $ 10,627,667 $ (6,420,307) $ 4,207,360 $ (565,000) $ 3,642,360 $ Construction Projects
Project Detail
Town Hall Redesign 369,355 119,735 - 249,620 249,620 - 249,620 Public Buildings Design/Renov 100,000 - - 100,000 100,000 - 100,000 Tri Valley Maintenance 123,495 - 50,000 123,495 173,495 - 173,495 Old Town Beautification 3,076,208 2,960,273 - 115,935 115,935 - 115,935 Town Property - Utility Undergrounding 85,000 - - 85,000 85,000 - 85,000 3,080,008 3,754,058 50,000 674,050 724,050 - 724,050
Capital Replacement Program
Cap Projects- Contingency 156,000 16,425 200,000 - 200,000 - 200,000 Financial Software 17,507 - - 17,507 17,507 - 17,507
Admin Services Masterplan Projects 50,000 - 60,000 50,000 110,000 - 110,000 Community Center HVAC Replacement - - - - - 165,000 165,000 Machris Park Sports Field Light Upgrade - - - - - 300,000 300,000 MDAQ EV Charging Station 12,000 - - - - - -
CC Masterplan - CEQA 117,154 89,579 - 27,575 27,575 - 27,575 Open Spaces & Conservation Element Plan Update 120,000 - - 120,000 120,000 - 120,000 Town Property Acquisition 100,000 2,300 100,000 - 100,000 - 100,000 108,303 572,661 360,000 215,082 575,082 465,000 1,040,082 Vehicle and Equipment Replacement
Vehicle/Equipment Repl 772,342 745,918 250,000 26,424 276,424 100,000 376,424 Capital Maintenance Program 772,342 745,918 250,000 26,424 276,424 100,000 376,424 Public Works
Berm Repairs 927,000 397,296 - 529,704 529,704 - 529,704 Concrete Repairs 200,000 131,952 - 68,048 68,048 - 68,048 Sewer Assessment Fees 15,000 13,648 15,000 - 15,000 - 15,000 542,896 1,142,000 15,000 597,752 612,752 - 612,752
Town of Yucca Valley
FY 2024-26 Amended Budget
Special Revenue Funds
2024-25 2025-26
Item: 10.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Shane Stueckle, Deputy Town Manager
Date: September 25, 2025
Meeting Date: November 4, 2025
Subject: Building & Safety Contract Services; Charles Abbott Associates, Inc., Modifying Contract Termination Language
Recommendation:
That the Town Council approves the amendment to the contract with Charles Abbott Associates, Inc., for Building & Safety Services, modifying contract termination language, for the period through June 30, 2028.
Prior Review:
At the Town Council meeting of July 16, 2024, the Town Council approved the Agreement with Charles Abbott Associates, Inc. to provide contract Building & Safety Services for the period of July 1, 2024, through June 30, 2028.
Discussion:
The Town's basic professional services agreement does not contain language allowing the contracted consulting firm to terminate the contract. Charles Abbott Associates (CAA) executive staff requested language which allows CAA to terminate the contract. The language added is very similar to language used in the CCA contract with the City of 29 Palms, which requires six (6) month lead notice, allowing the Town to see other contract or in house Building & Safety services.
Section 7.7, Termination Prior to Expiration of Term, (b), as illustrated below, has been added to the contract.
(b) Service Provider may terminate this Agreement for cause at any time upon one hundred eighty (180) days written notice of termination to Town.
No other amendments are included in the contract.
Alternatives
Staff recommends no alternative actions. The Town is fully satisfied with the services provided by CAA.
Fiscal Impact:
Contract Building & Safety services are funded by permit fees. The total compensation, including reimbursement for actual expenses, shall not exceed the maximum contract amount of the following:
*Eighty percent (80%) of the first Twenty Thousand Dollars ($20,000). *Seventy percent (70%) of amounts from Twenty Thousand One Dollars ($20,001) - Fifty Thousand Dollars ($50,000).
*Sixty percent (60%) over Fifty Thousand One Dollars ($50,001), of permit fees collected monthly by the Town.
Additional services outside of the standard scope are subject to the hourly rates contained within the 2024-2028 contract.
Attachments
1. Revised Charles Abbott Associates Inc. 2024-2028 Final - Updated Rate Schedule FY 2024 - 2025
RIV #4846-1017-2118 v1 // 2021 INCR-LIA-INS
AGREEMENT FOR PROFESSIONAL SERVICES
By and Between
TOWN OF YUCCA VALLEY
and
CHARLES ABBOTT ASSOCIATES, INC.
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE TOWN OF YUCCA VALLEY AND
CHARLES ABBOTT ASSOCIATES, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 16th day of July 2024, by and between the Town of Yucca Valley, a general law city (“Town”) and Charles Abbott Associates, Inc. (“Consultant”). Town and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”). Consultant
RECITALS
A. Town has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the Town to perform those services.
C. Pursuant to the Town’s Municipal Code, Town has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the Town entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and
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services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
This Agreement shall include the Request for Proposal or Invitation for Bids (“Contract Documents”) and the Scope of Service shall include the Consultant’s scope of work in Consultant’s accepted bid proposal (“Accepted Bid”) shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the Contract Documents, Accepted Bid, and/or this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the Town and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless Town, its officers, employees or agents of Town, against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against Town hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the Town of such fact and shall not proceed except at Town’s risk until written instructions are received from the Contract Officer.
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1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by Town, except such losses or damages as may be caused by Town’s own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
Town shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra services, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the Town Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. Town may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
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ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, Town agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed the maximum contract amount of eighty percent (80%) of the first Twenty Thousand Dollars ($20,000) of permit fees collected monthly by the Town, seventy percent (70%) of amounts from Twenty Thousand One Dollars ($20,001) – Fifty Thousand Dollars ($50,000) of permit fees collected monthly by the Town, and sixty percent (60%) over Fifty Thousand One Dollars ($50,001) of permit fees collected monthly by the Town, all as set forth in the “Cost Proposal” in Contractor’s proposal (p. 27); unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section
4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the Town.
Coordination of the performance of the work with Town is a critical component of the services.
If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to Town an original invoice for all work performed and expenses incurred during the preceding month in a form approved by Town’s Finance Manager. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice Town for any duplicate services performed by more than one person.
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Town may independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by Town, or as provided in Section 7.3. Town will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to Town warrant run procedures, the Town cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by Town, the original invoice shall be returned by Town to Consultant for correction and resubmission. Review and payment by the Town of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the Town, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordance with the procedures set forth in Section
1.8. The Contract Officer’s determination shall be final and conclusive upon the parties to this
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Agreement. In no event shall Consultant be entitled to recover damages against the Town for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding four (4) years expiring on June 30, 2028, from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Paul Osterman CBO – Project Manager
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for Town to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of Town. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify Town of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. In the event that Town, in its sole discretion, at any time during the term of this Agreement, desire to reassign any staff or subcontractor of Consultant, Consultant shall,
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immediately upon reassign notice from Town of such desire of Town, reassign such persons or persons.
4.2 Status of Consultant.
Consultant shall have no authority to bind Town in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against Town, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Town. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of Town. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to Town’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be such person as may be designated by the Town Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by Town to the Contract Officer. Unless otherwise specified herein, any approval of Town required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the Town Manager, to sign all documents on behalf of the Town required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the Town nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Town shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of Town and shall remain at all times as to Town a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Town. Town shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the Town to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the Town. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed,
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hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of Town. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of Town.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section.
In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town and the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Agreement for cause.
Minimum requirements. Consultant shall, at its sole cost and expense, procure and maintain for at least the duration of the Agreement, including any extension thereof, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require of the subconsultants to procure and maintain the same insurance for the duration of the Agreement including any extension thereof. Such insurance shall meet at least the following minimum levels of coverage:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if Commercial General Liability Insurance or other form with general aggregate limit is used, then either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the occurrence limit.
(b) Workers Compensation Insurance. A policy of workers compensation insurance in such amount as will fully comply with the Labor Code of the State of California and Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000.
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(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
(e) Consultant shall provide to the Town an endorsement that the workers’ compensation insurer waives all rights of subrogation against the Town and its officials, officers, employees and volunteers.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(g) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies, except workers’ compensation and professional liability, of insurance shall be primary insurance and shall name the Town, its elected and appointed officers, employees and agents as additional insureds by way of endorsement and any insurance maintained by Town or its officers, employees or agents shall apply in excess of, and not contribute with Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the Town, its officers, employees and agents and their respective insurers. If the Consultant maintains higher limits than the specified limits, the Town requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
If the deductible or self-insured retention exceeds $0 (zero), it must be approved in advance by the Town. Consultant is responsible for any deductible or self-insured retention and shall fund it upon the Town’s written request, regardless of whether Consultant has a claim against the insurance or is named as a party in any action. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
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The policy shall cover inter-insured suits and include a “separation of insureds” or “severability” clause which treats each insured separately.
No work or services under this Agreement shall commence until the Consultant has provided the Town with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the Town. Town reserves the right to inspect complete, certified copies of all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to Town.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Town’s Risk Manager or other designee of the Town due to unique circumstances.
All Coverages. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.
Town, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of ongoing operations Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to Town, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to Town.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the Town, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein
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“claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnors”), or arising from Consultant’s reckless or willful misconduct, or arising from Consultant’s or indemnors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the Town, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the Town, its officers, agents, and employees harmless therefrom;
(c) In the event the Town, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the Town, its officers, agents or employees, any and all costs and expenses incurred by the Town, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify Town hereunder therefore, and failure of Town to monitor compliance with these provisions shall not be a waiver hereof.
This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of Town’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from Town’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
In addition, Consultant agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Consultant under this Agreement, and of which the Consultant is not the patentee or assignee or has not the lawful right to sell the same.
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5.4 Sufficiency of Insurer or Surety.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the Town (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the Town, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to Town and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of Town, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the Town shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to Town, and access shall be provided by Consultant’s successor in interest.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the Town is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
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6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of Town and shall be delivered to Town upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Town of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the Town’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to Town of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify Town for all damages resulting therefrom.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than Town without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the Town Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Town notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then Town shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify Town should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement
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and the work performed there under. Town retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Town and to provide Town with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by Town to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in San Bernardino County.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the Town shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the Town may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the Town shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the Town may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the Town may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the Town to give notice of the Consultant’s default shall not be deemed to result in a waiver of the Town’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes Town to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate Town for any losses, costs, liabilities, or damages suffered by Town, and (ii) all amounts for which Town may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, Town may withhold from any payment
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due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of Town to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect Town as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by Town of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 Et Seq. and 910 Et. Seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The Town reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the
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event of termination without cause pursuant to this Section, the Town need not provide the Consultant with the opportunity to cure pursuant to Section 7.2. (a) Town may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon one hundred eighty (180) days written notice of termination to Town. (c) If either Service Provider or Town fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or Town may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or Town, all property belonging exclusively to Town which is in Service Provider’s possession shall be returned to Town. Service Provider shall furnish to Town a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 2 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 2 “Compensation and Method of Payment” of this Agreement.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, Town may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the Town shall use reasonable efforts to mitigate such damages), and Town may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the Town as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. TOWN OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of Town Officers and Employees.
No officer or employee of the Town shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the Town or for any amount
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which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Town or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of Town in the performance of this Agreement.
No officer or employee of the Town shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, age, color, creed, religion, sex, gender, religion, marital status, national origin, gender identity, veteran status, disability, medical condition, pregnancy, childbirth and related medical conditions, military service, genetic information or testing, sexual orientation, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement and should the any liability or sanctions be imposed against Town for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse Town for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by Town.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the Town, to the Town Manager and to the attention of the Contract Officer, TOWN OF YUCCA VALLEY, 57090 Twentynine Palms Highway, Yucca Valley, California 92284 and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the Town. The Contract Officer shall have the authority to approve any amendment to this Agreement that includes additional work, time to perform, or an increase in the Contract Sum in accordance with Section 1.8 of this Agreement.
The Town’s Contract Officer may, but is not required to, make additional minor amendments not affecting substantive terms without further authorization from the Town Council. The Town Council hereby authorizes the Contract Officer to execute any such amendments as required by this Agreement or that do not otherwise reduce Town’s rights under this Agreement. All other amendments shall be approved by the Town Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid
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judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Authority to Execute.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
TOWN OF YUCCA VALLEY:
[Curtis Yakimow, Town Manager
ATTEST:
Lesley Copeland, Town Clerk
APPROVED AS TO FORM:
BURKE, WILLIAMS, & SORENSON, LLP
Thomas Jex, Town Attorney
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two signatures are required if a corporation.
NOTE: CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION,
OR OTHER RULES OR REGULATIONS
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20___ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20___ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
EXHIBIT "A"
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SCOPE OF SERVICES
I. Consultant will perform the following Services:
A. Building and Safety Plan Check Services
B. Building and Safety Permit Issuance
C. Building and Safety Inspection
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the Town:
A. Building and Safety Plan Check Services
B. Building and Safety Permit Issuance
C. Building and Safety Inspection
I. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the Town appraised of the status of performance by delivering the following status reports:
A. Monthly Report
IV. All work product is subject to review and acceptance by the Town, and must be revised by the Consultant without additional charge to the Town until found satisfactory and accepted by Town.
V. Consultant will utilize the following personnel to accomplish the Services:
A. Paul Osterman
B. Shawn Koedel
EXHIBIT "B"
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SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
EXHIBIT "C"
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SCHEDULE OF COMPENSATION
I. Contractor shall establish a “Task Budget” for each task identifying the subtasks, based on the time and rates of the personnel performing the subtasks, and itemizing all materials and equipment utilized and the costs thereof. If payment is to be made other than at completion of the services, then the phases of the performance and percentage of payment due shall also be shown in the Contractor’s proposal.
II. The Town will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
III. The total compensation for the Services shall not exceed the maximum contract amount of eighty percent (80%) of the first Twenty Thousand Dollars ($20,000) of permit fees collected monthly by the Town, seventy percent (70%) of amounts from Twenty Thousand One Dollars ($20,001) – Fifty Thousand Dollars ($50,000) of permit fees collected monthly by the Town, and sixty percent (60%) over Fifty Thousand One Dollars ($50,001) of permit fees collected monthly by the Town; The total compensation, including reimbursement for actual expenses, shall not exceed the maximum contract amount, unless additional compensation is approved pursuant to Section 1.8.
as provided in Section 2.1 of this Agreement and the “Cost Proposal” set forth in Contractor’s proposal.
IV. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
EXHIBIT "C-1"
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EXHIBIT “D”
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SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer and the Town Attorney’s office.
II. Consultant shall deliver the following tangible work products to the Town by the following dates.
A. Monthly Building Activities Report End of Each Month III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Item: 11.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Shane Stueckle, Deputy Town Manager, Paul Osterman, Building Official, Jared Jerome, Associate Planner
Date: September 24, 2025
Meeting Date: November 4, 2025
Subject: Ordinance Adoption- 2025 Building and Safety Codes Recommendation:
That the Town Council adopts Ordinance 332, amending Title 8 of the Town of Yucca Valley Municipal Code by the addition of Chapter 8.02.115, and 8.02.125 amending Chapters 8.02.010,
8.02.020, 8.02.030, 8.02.040, 8.02.050, 8.02.060, 8.02.070, 8.02.080, 8.02.090, 8.02.110, AND
8.02.120, adopting as modified the 2025 Edition of the California Building Code Models 1, 2 including the Appendix and Standards, the 2025 Edition of the California Electrical Code, the 2025 Edition of the California Plumbing Code, the 2025 Edition of the California Mechanical Code, the 2025 Edition of the Green Building Code, the 2025 Edition of the California Residential Code, the 2025 Edition California Energy Code, the 2025 Edition of the California Fire Code, The 2025 Edition of the California Wildland Urban Interface Code, and adopting other regulations relating to building requirements.
Prior Review:
At the meeting of October 21, 2025, the Town Council adopted Resolution No. 25-29, and introduced Ordinance 332 and set this matter for public hearing.
Discussion:
The California Building Standards Code (Title 24 of the State of California Code of Regulations) is updated and published on a three-year cycle. The California Building Standards Commission publishes the triennial codes, and State law mandates that these codes become effective throughout California 180 days after the publication date. The current (2022) cycle of State building codes became effective on January 1, 2023. This year, the updated Building Codes were published throughout July 2025.
Public hearing notices were published in the October 15, 2025, and October 22, 2025, editions of the Hi-Desert Star, attached to this staff report.
The proposed ordinance is to adopt by reference the current editions of certain model codes, as follows:
• California Building Code, 2025 Edition, volumes 1,2 with Appendices. • California Residential Code, 2025 Edition with Appendices. • California Mechanical Code, 2025 Edition with Appendix and Standards • California Plumbing Code, 2025 Edition with Appendix H. • California Electrical Code, 2025 Edition.
• California Green Building Code, 2025 Edition.
• California Energy Code, 2025 Edition.
• California Wildland, Urban Interface Code, 2025 Edition. • California Historic Building Code, 2025 Edition
• California Fire Code, 2025 Edition.
• California Administrative Code, 2025 Edition.
• The 2024 International Property Maintenance Code.
Alternatives
None. The 2025 codes become state law as of 1/1/2026. Failure to amend and adopt would forfeit option of local amendment based on climactic, geographic and topographic conditions.
Fiscal Impact:
Fiscal impacts to a builder will be based upon construction type and structure size, and those costs cannot be determined except on a case by case basis.
Attachments
1. Ordinance No. 332 - 2025 Building Codes
2. Hi Desert Star Newspaper - NOH for 2025 California Building Codes - 1st Run October 15, 2025
3. Hi Desert Star Newspaper - NOH for 2025 California Building Codes - 2nd Run October 22, 2025
ORDINANCE NO. XXX
AN ORDINANCE OF THE TOWN COUNCIL OF THE OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, AMENDING TITLE 8 OF THE TOWN OF YUCCA VALLEY MUNICIPAL CODE BY THE ADDITION OF CHAPTER 8.02.115, AND 8.02.125 AMENDING CHAPTERS 8.02.010, 8.02.020, 8.02.030,
8.02.040, 8.02.050, 8.02.060, 8.02.070, 8.02.080, 8.02.090, 8.02.110, AND 8.02.120, ADOPTING AS MODIFIED THE 2025 EDITION OF THE CALIFORNIA BUILDING CODE VOLUMS 1, 2 INCLUDING THE APPENDIX AND STANDARDS, THE 2025 EDITION OF THE CALIFORNIA ELECTRICAL CODE, THE 2025 EDITION OF THE CALIFORNIA PLUMBING CODE, THE 2025 EDITION OF THE CALIFORNIA MECHANICAL CODE, THE 2025 EDITION OF THE CALIFORNIA GREEN BUILDING CODE, THE 2025 EDITION OF THE CALIFORNIA RESIDENTIAL CODE, THE 2025 EDITION CALIFORNIA ENERGY CODE, THE 2025 EDITION OF THE CALIFORNIA FIRE CODE, THE 2025
EDITION OF THE CALIFORNIA WILDLAND URBAN INTERFACE CODE, AND ADOPTING OTHER REGULATIONS RELATING TO BUILDING REQUIREMENTS.
The Town Council of the Town of Yucca Valley, California does ordain as follows:
SECTION 1. Findings
A. Government Code Sections 50022.1 et seq., provide that ordinances and codes of the federal, state or any agency of either of them may be adopted by reference, provided that prior to such adoption by reference a noticed public hearing has been held.
B. Pursuant to Section 17958.5 of the Health and Safety Code of the State of California, The Town Council of the Town of Yucca Valley hereby finds that the amendments of the building standards contained in the California Building Code, volumes 1, 2, 2019 Edition are necessary due to:
1. Local Climatic Conditions:
a. The Town is subject to extremely strong winds, commonly known as "Santa Ana Winds" which can reach speeds in excess of ninety (90) miles per hour. Extensive damage frequently accompanies these winds, such as blowing sand and debris, downed power lines, fallen trees, overturned vehicles and structural damage to buildings. These conditions result in increased demand for fire services, blocked or delayed emergency vehicle access and impaired water supplies and building emergency systems. b. During the summer months, the Santa Ana Winds may produce periods of extremely low humidity, thereby reducing the fuels moisture and increasing the possibility and severity of fire from dry vegetation and other common combustibles. c. During the summer months, much of the Town experiences prolonged periods of temperatures in excess of one hundred degrees Fahrenheit (100°F). When coupled with
sustained severe Santa Ana Winds, an increase in the threat from rapidly moving wildfires exists.
d. During the winter months, heavy rains routinely cause damage to roadways rendering them completely impassible, or with limited access, sometimes for extended periods. e. During winter months, heavy snow and ice conditions exist in the mountain areas resulting in increased demand for fire services and limiting or delaying emergency vehicle access. In some cases, emergency vehicle access roads are completely impassible, or have limited access, sometimes for extended periods.
2. Local Geological Conditions:
a. The Town is subject to moderately strong to severe shaking and surface ruptures resulting from known earthquake faults located within or near the Town. These local earthquake faults have the potential to cause severe personal and property damage, utility interruptions, fire hazards and hazardous materials releases. Additionally, significant roadway, bridge structure, water supply and communications systems are subject to failure, thereby causing a detriment to emergency services response. b. Unstable slopes in several areas throughout the Town have experienced soil movement as a result of heavy or soaking rains, resulting in damage to roadways, structures and utilities.
c. Some desert areas of the Town have limited aquifers, exceptionally deep aquifers or aquifers providing only brackish or contaminated water supplies. These limits, or in some cases eliminates, water supplies available for firefighting purposes.
3. Local Topographical Conditions:
a. The Town encompasses an area with limited access routes connecting valley, mountain and desert areas. This distance, combined with these limited access routes, results in delays in the reallocation of resources to emergency scenes. b. The topography of the Town is exceptionally diverse, ranging from relatively flat desert and valley areas, to foothill areas, and canyon areas. This results in some areas that are inaccessible to radio communications, which hampers emergency response capabilities. c. The diverse topography of the Town results in many areas having limited, unreliable or unavailable water supplies available for firefighting purposes.
C. Copies of these codes and standards were filed with the office of the Town Clerk fifteen (15) days prior to the noticed hearing.
D. A noticed public hearing has been held by the Town Council, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting by reference the current editions of certain model codes, as follows:
1. California Building Code, 2025 Edition, volumes 1,2 with Appendices.
2. California Residential Code, 2025 Edition with Appendices.
3. California Mechanical Code, 2025 Edition with Appendix and Standards
4. California Plumbing Code, 2025 Edition with Appendix H.
5. California Electrical Code, 2025 Edition.
6. California Green Building Code, 2025 Edition.
7. California Energy Code, 2025 Edition.
8. California Wildland, Urban Interface Code, 2025 Edition.
9. California Historic Building Code, 2025 Edition
10. California Fire Code, 2025 Edition.
11. California Administration Code, 2025 Edition.
12. The 2024 International Property Maintenance Code.
E. Pursuant to section 17958.5 of the Health and Safety Code of the State of California, The Town Council of the Town of Yucca Valley hereby finds that the amendments of the building standards contained in the California Building Code, volumes 1, 2, 2022 Edition are necessary due to past earthquakes (Landers 1992) and the inherent run off problems incurred with severe thunderstorm activity and flooding due to the Town's desert location.
(Ord. 262, 1-17-2017; amd. Ord. 287, 11-19-2019; Ord. 303, 11-15-2022) Chapter 8.02.020
CALIFORNIA BUILDING CODE
Chapter 8.02.020 Adopted. The California Building Code, Volumes 1 & 2, 2025 Edition, as published by the California Building Standards Commission, including the Appendix and the Standards referred to therein, is hereby adopted and made part of this Chapter by reference, with the following modifications.
Section 104.8. Liability
The Building Official, or his/her authorized representative, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of act or omission in the discharge of such duties. A suit brought against the Building Official, agent or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code
enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by this jurisdiction.
The provisions of this section shall apply if the Building Official or his/her authorized representative are employees of this jurisdiction and shall also apply if the Building Official or his/her authorized representative are acting under contract as agents of the jurisdiction.
This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.”
Section 105.5. Expiration
Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 365 and, after its issuance, or if the work authorized on the site by such permit is suspended, abandoned or uncompleted for a period of 365 days after the work has commenced or 180 days past the last required inspection. The building official is authorized to grant one extension of time for not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated. No permit shall be extended more than once.
If work has been suspended or abandoned past 180 days, the permit shall be expired and new permit(s) issued. The fee for such renewal of permit(s) shall be one half of the original permit fee or one half of the fee of the current adopted fee schedule at the time of renewal.
Permits which have been abandoned and require only final inspection may be reissued at minimum fee or as determined by the building official.
Offsite Improvements is added to Chapter 1, Division II Subsection 105 to read as follows:
Section 105.8 Deadline for Onsite and/or Offsite Improvements.
Onsite and/or Offsite Improvements required by the terms of the Municipal Code, Development Code, or other ordinances or applicable policies or regulations adopted by the Town, must be completed and approved prior to occupancy or prior to connection of utilities. A cash deposit may be submitted in lieu of onsite improvements if necessitated by climatic conditions, coordination of utilities or improvements, material shortages or labor strike.
A cash deposit may be submitted in lieu of offsite improvements under the following conditions:
To facilitate preparations of the building(s) for an occupancy, utilities may be permitted to be connected provided the improvements are completed and approved prior to final occupancy approval.
If necessitated by climatic conditions, coordination of utilities or improvements, material shortages or labor strike, the cash deposit for the improvements may be increased to permit connection of the utilities and occupancy provided a Certificate of Occupancy will not be issued until the improvements are completed and approved.” Section 109.6 Refunds
Refund’s for permits issued in error or permits issued for which no work has been started and have not been expired shall be determined by the Town Finance Department policy.
Section 110.1 Inspections General
To be amended to include. If work has not been completed for a requested inspection, plans are not available on site or access has not been provided a re-inspection fee shall be assessed as determined by the Building Official or his/her authorized representative.
Section 113.3. Board of Appeals Qualifications
The Town Council shall act as the Board of Appeals.
Section 1505.1 Roof Covering Requirements
The roof covering on any structure regulated by this Code shall be Class “A” as classified in Section 1505.2. Exception: Repairs of and additions to existing structures which requires the replacement or addition of 25% or less of the total roof area may be made using material matching the existing roof.
Appendix Chapter J, of the California Building Code 2025 Edition is amended to read as follows:
SECTION J103 Permits Required
Section J103.1
No person shall do any grading without first having obtained a grading permit from the Building Official except for the following:
1. Cemetery Graves
2. Refuse disposal sites controlled by other regulations.
3. Excavations for wells or tunnels or utilities.
4. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not
affect the lateral support or increase the stresses in pressure upon any adjacent or contiguous property.
5. Exploratory excavations under the direction of soil engineers or engineering geologists.
6. Excavation for construction of a structure permitted under this code.
Section J103.3. Unsafe Grading Sites.
All sites which constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, or abandonment, or noncompliance with approved grading plans as specified in this Code are for the purposes of this Chapter unsafe grading sites. Further, whenever the Building Official determines by inspection that a site is dangerous to human life or property by reason of being located in an area which is unsafe due to a hazard from landslide, mudslide, settlement, displacement or slippage, such site shall for the purpose of this Chapter be considered unsafe, whether or not grading earth work has been performed. All such unsafe grading sites are hereby declared to be public nuisances and shall be abated by repair, in accordance with the procedures as set forth in Section 115 of the California Building Code Chapter 1 Division II and Section 8.10.120 of the Municipal Code.” SECTION J104
J104.2.1. Grading Designation.
All grading, or that is proposed to support any structure shall be designated as "engineered grading." All engineered grading shall be performed in accordance with an approved grading plan and specifications prepared by a Civil Engineer, unless otherwise required by the Building Official.
J104.2.3 Engineered Grading Requirements.
In addition to the provisions of Section 106 and Section J104.2, an application for a permit for engineered grading shall be accompanied by three (3) sets of plans, or electronic file, and specifications, and supporting data consisting of a soils engineering report and engineering geology report.
Specifications shall contain information covering construction and material requirements.
Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and shall show in detail that the proposed work will conform to the provisions of this Code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall depict the location of the proposed work, the name and address of the owner, and the person by whom they were prepared.
The plans shall include or be accompanied by the following information:
1. General vicinity of the proposed site.
2. Property limits and accurate contours of existing ground and details of terrain and area drainage.
3. Limiting dimensions, elevations, or finish contours to be achieved by the grading, proposed drainage channels, and related construction.
4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work. A map showing the drainage area and the estimated runoff of the area served by any drains shall also be provided.
5. Location of any existing or proposed buildings or structures located on the property on which the work is to be performed and the location of any buildings or structures on adjacent properties that are within 15 feet (4572 mm) of the property or that may be affected by the proposed grading operations.
6. Recommendations in the geotechnical report and the engineering geology report shall be incorporated into the grading plans or specifications. When approved by the Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, that are applicable to grading, may be included by reference.
7. The dates of the geotechnical and engineering geology reports together with the names, addresses, and phone numbers of the firms or individuals who prepared the reports.
8. A statement of the quantities of material to be excavated and/or filled. Earth work quantities shall include quantities for geotechnical and geological remediation. In addition, a statement of the quantities of material to be imported or exported from the site.
9. A statement signed by the owner, acknowledging that a Field Engineer, Geotechnical Engineer, and Engineering Geologist, when appropriate, will be employed to perform the services required by this Code, when the Building Official requires that such professional persons be so employed.
10. Storm water provisions are required to be shown on the grading plan.
11. A drainage plan for those portions of property proposed to be utilized as a building site (building pad), including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs, and fences that may affect drainage.
12. Location and type of any proposed private sewage disposal system, including the location of the expansion area.
13. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements and restricted use areas.
14. Location of all recorded floodways.
15. Location of all Special Flood Hazard Areas as designated and defined in Title 44, Code of Federal Regulations.
SECTION J109 Drainage and Terracing
Section J109.5 Disposal.
All drainage facilities shall be designed to convey waters to the nearest practicable street, storm drain, or natural watercourse or drainage way approved by the Building Official or other appropriate governmental agency provided that the discharge of such waters at that location will not create or increase a hazard to life or property. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. Desilting basins, filter barriers, or other methods, as approved by the Building Official, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains, or natural watercourses. If the drainage device discharges onto natural ground, riprap, or a similar energy dissipater may be required.
Building pads shall have a minimum drainage gradient of 2 percent toward an approved drainage facility or a public street unless otherwise directed by the Building Official. A lesser slope may be approved by the Building Official for sites graded in relatively flat terrain, or where special drainage provisions are made, when the Building Official finds such modification will not result in a hazard to life or property.
SECTION J110. Erosion Control
Section J110.1.1. Slopes
The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion resistant character of the materials, such protection may be omitted.
Section J110.1.2.2. Wind Erosion Control Plans Required A written wind erosion control plan shall be submitted to the Building Official for approval prior to the issuance of a grading permit. This plan shall employ the use of one or more of the following measures:
Grading of tracts in small phases to minimize the amount of bare ground exposed at any one time;
The requirement to have water trucks on site and that they be used on a regular basis; The use of approved chemical additives to water stabilize the soil crust; The use of hydro seeding.
The Building Official may at any time during or after grading has taken place require additional erosion measures be implemented if the measures contained in the wind erosion control plan are not achieving the desired result of preventing wind erosion of the soil.”
Section J110.2.3. Water Erosion Control Plans Required
A written water erosion control plan shall be submitted to the Building Official for approval for any grading performed. Water erosion control measures shall be required to be in place during this time period for all active grading projects and, if the Building Official deems it appropriate, any previously graded projects.
A new Section J112 is hereby added to Appendix.
Chapter J of the Appendix to The California Building Code, 2025 Edition, to read as follows:
SECTION J112 Grading Compatibility Review
J 112.1.1. Plans for single lot grading which are not part of a land subdivision grading plan shall be reviewed for approval by the Town Engineer when any of the following exist:
Fills or cuts greater than 4 feet in height or depth from existing grade are proposed; or A combination cut/fill slope having greater than 4 feet in vertical height is proposed; or An area of 13,000 square feet or more is proposed to be graded unless:
It is determined by the Town Engineer that an area greater than 13,000 square feet is required to be graded for drainage purposed; or
The lot is 18,000 square feet or less in area with an average slope of five percent (5%) or less and the grading is necessary as determined by the Town Engineer to help reduce the amount of import or export of dirt required to grade the site; or Grading is proposed on slopes having a fifteen percent (15%) or greater grade.
Section J112.1.2. Town Engineer’s review and subsequent approval of the grading plans shall be based upon the following findings:
That the proposed grading conforms to the Town’s policy goal of preserving the extent feasible the natural contours of the land; and
That the proposed grading conforms to the Town’s policy goal of minimizing land disturbance caused by grading; and
The proposed slope of the land complies with all applicable regulations and is not unreasonably severe; and
The proposal will not unreasonably interfere with light, air, or visibility of the general public or of adjacent neighbors; and
The proposal is planned so as to prevent unreasonable damage to or interference with surrounding property; and
The proposal is planning so as to avoid unreasonable interference with the health or safety of people.
Section J112.1.2.1. Any grading resulting in a retention area that retain more than 18 inches of water must percolate within 72 hours.
J112.1.3. The decision of the Town Engineer shall be final unless appealed in writing to the Planning Commission. The letter of appeal accompanied by an appeal fee as set by the Town Council must be received by the Town Engineer within 10 days of said decision. The determination of the Planning Commission shall be final.
A new Section J113 is hereby added to Appendix Chapter J of the Appendix of the California Building code, 2025 Edition, to read as follows:
SECTION J113 Clearing Permit
J113.1. Permits Required. A person shall not clear or grub any vacant lot, or any developed lot exceeding one-half acre in size, without first obtaining a clearing permit from the Town. In the event that a grading permit has been issued with respect to the property, no clearing permit shall be required for that portion of the property covered by the grading permit.
J113.2. Findings and Decision. An application for a clearing permit shall not be approved unless the Building Official determines that the proposed clearing and grubbing will not result in the damage or removal of the Western Joshua tree and blowing dust or erosion of topsoil.
J113.3. Exemptions. Persons shall be exempt from this Section in the event that:
They are required to remove vegetation at the request of the California Department Fish and Wildlife, San Bernardino County Fire Protection District, San Bernardino County Flood Control District or any other appropriate governmental agency. This shall be done by mowing no ground disturbance; or
The proposed grading activity is part of an existing bona fide agricultural activity; or The County Agricultural Commissioner has given written notice that the proposed grading/clearing activity is required to perform a new bona fide agricultural activity. A bona fide agricultural activity must be served by a water distribution system adequate for the proper operation of such activity.”
Chapter 8.13 entitled the “California Residential Code” is hereby added to read as follows:
Chapter 8.02.030
CALIFORNIA RESIDENTIAL CODE
Chapter 8.02.030. Adopted. The California Residential Code, 2025 Edition, prepared and published by the California Building Standards, is hereby adopted and made a part of this chapter by reference as the Residential Building Code of the Town of Yucca Valley. A copy of the California Residential Building Code, 2022 Edition, shall be maintained in the office of the Town Clerk of the Town of Yucca Valley and shall be made available for public inspection while this Code is in force.
Chapter 8.02.040 entitled “California Electrical Code” is hereby amended to read as follows:
Chapter 8.02.040
CALIFORNIA ELECTRICAL CODE
Chapter 8. 02.040. Adopted. The California Electrical Code, 2025 Edition, prepared and published by the California Building Standards, is hereby adopted and made a part of this Chapter by reference as the Electrical Code of the Town of Yucca Valley. A copy of the California Electrical Code, 2022 Edition, shall be maintained in the office of the Town Clerk of the Town of Yucca Valley and shall be made available for public inspection while this Code is in force.
Chapter 8.02.050 entitled “California Plumbing Code” is hereby amended to read as follows:
Chapter 8.02.050
CALIFORNIA PLUMBING CODE
Chapter 8.18.050 Adopted. The California Plumbing Code, 2025 Edition, prepared and published by the California Building Standards, including Appendices thereto and installation standards contained in is hereby adopted by reference as the Plumbing Code of the Town of Yucca Valley. A copy of the California Plumbing Code 2025 Edition, including the installation standards shall be maintained in the office of the Town Clerk of the Town of Yucca Valley and shall be made available for public inspection while this Code is in force.
Chapter 8.02.060 entitled “California Existing Building Code” is hereby amended to read as follows:
Chapter 8.02.060
CALIFORNIA EXISTING BUILDING CODE
Chapter 8.02.060 Adopted. The California Existing Building Code, 2025 Edition, prepared and published by the California Building Standards, is hereby adopted and made part of this Chapter by reference as the Existing Building Code of the Town of Yucca Valley. A copy of the California
Existing Building Code, 2025 Edition, shall be maintained in the office of the Town Clerk of the Town of Yucca Valley and shall be made available for public inspection while this Code is in force.
Chapter 8.02.070 entitled “California Historical Building Code” is hereby amended to read as follows:
Chapter 8.02.070
CALIFORNIA HISTORICAL BUILDING CODE
Chapter 8.02.070 Adopted. The Historical Building Code Adopted By Reference: Except as hereinafter provided, the California Historical Building Code, 2025 Edition, published by the International Code Council is hereby adopted by reference as the Historical Building Code of the Town of Yucca Valley. A copy of the California Historical Building Code, 2025 Edition, shall be maintained in the office of the Town Clerk of the Town of Yucca Valley and shall be made available for public inspection while this Code is in force.
Chapter 8.02.080 entitled “California Reference Standards Code” is hereby amended to read as follows:
Chapter 8.02.080
CALIFORNIA REFERENCE STANDARDS CODE
Chapter 8.02.080 Adopted. California Reference Standards Code Adopted By Reference: Except as hereinafter provided, the California Reference Standards Code, 2025 Edition, published by the International Code Council is hereby adopted by reference as the California Reference Standards Code of the Town of Yucca Valley. A copy of the California Reference Standards Code, 2025 Edition, shall be maintained in the office of the Town Clerk of the Town of Yucca Valley and shall be made available for public inspection while this Code is in force.
Chapter 8.02.090 entitled “California Mechanical Code” is hereby amended to read as follows:
Chapter 8.02.090
CALIFORNIA MECHANICAL CODE
Chapter 8.02.090 Adopted. Mechanical Code Adopted By Reference: Except as hereinafter provided, the California Mechanical Code, 2025 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference as the Mechanical Code of the Town of Yucca Valley. A copy of the California Mechanical Code, 2025 Edition shall be maintained in the office of the Town Clerk of the Town of Yucca Valley and shall be made available for public inspection while this Code is in force.
Chapter 8.02.100 entitled “California Green Building Standards” is hereby amended to read as follows:
Chapter 8.02.100
CALIFORNIA GREEN BUILDING STANDARDS
Chapter 8.02.100 Adopted. California Green Building Standards Adopted By Reference: Except as hereinafter provided, the California Green Building Standards, 2025 Edition, published by the California Building Standards Commission is hereby adopted by reference as the Green Building Standards of the Town of Yucca Valley. A copy of the California Green Building Standards, 2025 Edition, shall be maintained in the office of the Town Clerk of the Town of Yucca Valley and shall be made available for public inspection while this Code is in force.
Chapter 8.02.110 entitled “California Energy Code” is hereby amended to read as follows:
Chapter 8.02.110
CALIFORNIA ENERGY CODE
Chapter 8.02.110 Adopted. California Energy Code Adopted By Reference: Except as hereinafter provided, the California Energy Code, 2025 Edition, published by the California Building Standards Commission is hereby adopted by reference as the California Energy Code of the Town of Yucca Valley. A copy of the California Energy Code, 2025 Edition, shall be maintained in the office of the Town Clerk of the Town of Yucca Valley and shall be made available for public inspection while this Code is in force.
Chapter 8.02.115 entitled “California Wildland Urban Interface Code” is hereby added to the Town of Yucca Valley Code and amended as follows:
Chapter 8.02.115
CALIFORNIA WILDLAND URBAN INTERFACE CODE
Chapter. 8.02.115 Adopted. California Wildland Urban Interface Code Adopted By Reference:
Except as hereinafter provided, the California Wildland Urban Interface, 2025 Edition, published by the California Building Standards Commission is hereby adopted by reference as the Wildland Urban Interface Code of the Town of Yucca Valley. A copy of the California Wildland Urban Interface Code, 2025 Edition, shall be maintained in the office of the Town Clerk of the Town of Yucca Valley and shall be made available for public inspection while this Code is in force.
Chapter 8.02.120 entitled “California Fire Code” is hereby amended to read as follows:
Chapter 8.02.120
CALIFORNIA FIRE CODE
Chapter 8.02.120 Adopted. California Fire Code Adopted By Reference: Except as hereinafter provided, the California Fire Code, 2025 Edition, published by the California Building Standards Commission is hereby adopted by reference as the California Fire Code of the Town of Yucca
Valley. A copy of the California Energy Code, 2025 Edition, shall be maintained in the office of the Town Clerk of the Town of Yucca Valley and shall be made available for public inspection while this Code is in force.
Chapter 8.02.125 entitled “2024 International Property Maintenance Code is hereby added to the Town of Yucca Valley Code and amended to read as follows:
Chapter 8.02.125
2024 INTERNATIONAL PROPERTY MAINTENANCE CODE
Chapter 8.02.125 Adopted. Except as hereinafter provided, the International Property Maintenance Code, 2024 Edition, published by the International Code Council, is hereby adopted by reference as the Housing Code of the Town of Yucca Valley. A copy of the International Property Maintenance Code, 2024 Edition, shall be maintained in the office of the Town Clerk for public inspection while this Code is in force.
SECTION 12. Modifications
The Town Council of the Town of Yucca Valley hereby expressly finds that these regulations and provisions, and those of the codes adopted herein, are in compliance with Sections 17958 et seq. of the Health and Safety Code of the State of California and that a copy of this Ordinance shall be forwarded to the California Building Standard Commission of the State of California by the Town Clerk of the Town of Yucca Valley, and said copy will serve to satisfy the requirements of filing of findings as stated in Section 17958.7 of the Health and Safety Codes of the State of California. Each of the foregoing modifications to the uniform code adopted by this Ordinance are reasonably necessary because of local climatic, geological or topographical conditions.
SECTION 13. Effective Date.
This Ordinance shall become effective thirty (30) days from and after date of its adoption, but not prior to January 1, 2026.
SECTION 14. Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Ordinance are declared to be severable.
SECTION 15. Notice of Adoption.
The Town Clerk of the Town of Yucca Valley shall certify to the adoption of the Ordinance and cause publication to occur in the newspaper of general circulation and published and circulated in the Town in a manner permitted under Section 36933 of the Government Code of the State of California.
ADOPTED by the Town Council and signed by the Mayor and attested by the Town Clerk this __nd day of ______, 2025.
_____________________________
Mayor
Attest:
________________________________
Town Clerk
Approved as to Form: Approved as to Content:
____________________________ _________________________
Town Attorney Town Manager
Item: 12.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Shane Stueckle, Deputy Town Manager, Paul Osterman, Building Official Date: October 14, 2025
Meeting Date: November 4, 2025
Subject: Building & Safety Annual Presentation/Report
Recommendation:
That the Town Council receives and files the Building and Safety Annual Report.
Prior Review:
There has been no prior review of this matter.
Discussion:
The Building & Safety Annual Report will cover information from staffing levels, office hours, field inspections, construction trends, and other general building information. Representatives from Charles Abbott Associates will be available to answer questions following the presentation.
This report covers July 1, 2024, through June 30, 2025.
Alternatives
Staff recommends no alternative actions.
Fiscal Impact:
NA
Attachments
None
Item: 13.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Curtis Yakimow, Town Manager
Date: October 30, 2025
Meeting Date: November 4, 2025
Subject: Animal Shelter Operational Review Status Update Recommendation:
That the Town Council receives and files the Operational Review Status Update and provides input and direction as desired, including potential development of an operational agreement with local rescue partners.
Prior Review:
Last reviewed in July 2025.
Discussion:
The Town Council directed Town management to conduct an Operational Review of shelter operations, policies, and practices, and return to the Town Council within 90 days.
Focused operational reviews can be helpful to confirm or correct statistics, affirm or clarify operational practices, evaluate procedures for consistency with industry best practices, consider modifications that may improve desired outcomes, and provide communication and transparency to the public.
The Town Council accepted the Operational Review and associated recommendations on June 3, 2025 and directed staff to continue or begin the implementation of the various recommended actions. Staff has been working on the recommendations and Town staff will present an update for the Town Council at the November 4 Town Council meeting. Additional information and data review will be included in the review.
Public shelters will often engage in formal operational agreements with various partners to assist in meeting shelter objectives. Examples of such agreements may include a financial structure that will allow for the placement of animals with a rescue group to facilitate and encourage greater live release rates. While the Town has reached out to numerous rescue groups, participation of such groups has been limited, and operational agreements may assist those efforts.
Finally, animal shelter operations are ongoing and daily activities. A report and subsequent updates given at a single point in time will not be sufficient for long-term policy and practice change. While specific recommendations are presented, meeting the Town Council’s established performance factors will be a marathon, not a sprint. Successful implementation will require Town Council commitment, public engagement, professional collaboration, financial commitments, public education, and staff accountability.
Alternatives
None recommended.
Fiscal Impact:
None with this item.
Attachments
1. Animal Shelter Review Status Matrix
Item: 14.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Jordan Gumbish, Finance Manager
Date: October 27, 2025
Meeting Date: November 4, 2025
Subject: Public Safety Contract Amendment
Recommendation:
It is recommended that the Town Council:
- Approve an amendment for fiscal year 2025-26 to the contract with the San Bernardino County Sheriff's Department in the amount of $6,909,216 and authorize the Town Manager or Mayor to sign on behalf of the Town.
- Amend the FY2025-26 General Fund Budget and Measure Y Special Revenue Fund Budget as identified in Exhibit A.
Prior Review:
On May 20, 2025 the Town Council reviewed and approved the FY2025-26 Public Safety Contract amendment.
Discussion:
Since Town incorporation in 1991, the Town of Yucca Valley contracts with the San Bernardino County Sheriff’s Department for public safety services. Annually, the Town and San Bernardino County Sheriff’s Department review and amend the existing public safety contract to reflect updated changes to the Law Enforcement Services Contract. In May 2025, the costs of existing service levels for FY2025-26 and the related contract amendment was reviewed and approved by the Town Council.
Labor negotiations were ongoing at that time and the finalized negotiations have resulted in an increase to the Town's Schedule A costs for a total increase of $419,817 for a total contract cost of $6,909,216. The Town's Adopted FY 2025-26 budget accommodated an increase of 2% but will required an amendment, as identified in Exhibit A, to appropriate funds for the remaining increase not accommodated within the current budget.
Alternatives
None.
Fiscal Impact:
The total contract increase for the FY2025-26 Schedule A is $419,817. The Town's General Fund and Measure Y Funds have an appropriated budget of $6,745,800. To accommodate this increase a budget amendment is recommended for $163,416. Measure Y Fund 801 will contribute a total of $1,074,244 to the total contract costs, representing 33% of anticipated FY25-26 Measure Y sales tax revenues.
Attachments
1. CON-SHERIFF-12-16-2025 Yucca Valley LE Service FY25-26 AGR94-832 A35
2. Exhibit A - Public Safety Contract Amendment 11.4.25
Standard Contract Page 1 of 4
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Sheriff/Coroner/Public Administrator
Department Contract Representative Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Telephone Number (909) 387-0640
Contractor Town of Yucca Valley
Contractor Representative Curtis Yakimow, Town Manager
Telephone Number (760) 369-7207
Contract Term 07/01/2025 through 06/30/2026
Original Contract Amount $6,489,400
Amendment Amount $419,817
Total Contract Amount $6,909,216
Cost Center 4414461000
IT IS HEREBY AGREED AS FOLLOWS:
AMENDMENT No. 35
Effective October 4, 2025, Contract No. 94-832 to provide law enforcement service to the Town of Yucca Valley is hereby amended by replacing Schedule A referred to in Section II. CONSIDERATION, with the Schedule A attached hereto and incorporated herein by this reference.
Except as amended, all other terms and conditions of this Contract remain as stated therein.
Contract Number
94-832 A-35
SAP Number
N/A
[With the exception of signatures, this page is intentionally left blank].
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Grace B. Parsons, Deputy County Counsel Carolina Mendoza, Chief Deputy Director of Sheriff’s Administration
Date Date Date
SAN BERNARDINO COUNTY Town of Yucca Valley
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Curtis Yakimow
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Town Manager
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:
Deputy
Address 57090 Twentynine Palms Highway
Yucca Valley, CA 92284
SCHEDULE A
Law Enforcement Services Contract
Town of Yucca Valley
2025-26
COST
MOU INCREASES
(EFF. 10/4/25)
TOTAL NEW
CONTRACT AMOUNT
(EFF. 10/4/25)
0.52 Lieutenant $ 206,821 1 $ 17,762 1 $ 224,583 1
2.23 Sergeant 725,362 1 57,651 1 783,013 1
2.22 Detective/Corporal 612,196 1 56,004 1 668,200 1
10.41 Deputy Sheriff 2,390,625 1 224,419 1 2,615,044 1
2.00 Deputy Sheriff (non-relief) 459,294 1 43,116 1 502,410 1
1.00 School Resource Officer 229,647 1 21,558 1 251,205 1
2.36 Sheriff’s Service Specialist 191,086 1 34,395 225,481 1
3.13 Office Specialist 309,687 1 309,687 1
0.00 Motor Pool Services Assistant 35,089 (35,089) -
4.00 Marked Unit 90,634 2 90,634 2
2.00 Marked Unit - 4X4 SUV 51,376 2 51,376 2
1.00 Marked K-9 Unit 28,400 2 28,400 2
2.00 Unmarked Unit 22,790 2 22,790 2
2.00 Pickup truck 21,965 2 21,965 2
3.00 Citizen Patrol Donated Truck (Equip & Comm Only) 3,920 3 3,920 3 Dispatch Services 364,881 1 364,881 1
23.00 HTs (Amortization, Access & Maintenance) 36,846 36,846
1.00 Additional MDCs (Access Only) 571 571
1.00 Additional MDCs 1,175 1,175
17.00 Taser Replacement (Amortized over 5-years) 17,538 17,538 Administrative Support 32,912 32,912
Office Automation 80,984 80,984
Body Worn Cameras 24,287 24,287
Vehicle Insurance 39,189 39,189
Personnel Liability & Bonding 438,808 438,808
Workers' Comp Experience Modification (21,630) (21,630) County Administrative Cost 94,947 94,947
Cost for FY2025-26 $ 6,489,400 1-5 $ 419,817 1 $ 6,909,216 1-5 Monthly Payment Schedule
1st payment due July 15, 2025: $540,787
2nd through 3rd payments due the 5th of each month: $540,783 4th payment due October 5, 2025: $587,431
5th through 12th payments due the 5th of each month: $587,429 1 2
3 4
5 LEVEL OF SERVICE
Personnel costs include salary and benefits and are subject to change by Board of Supervisors’ action. Changes in salary and benefit costs will be billed to the City on a quarterly invoice.
No replacement cost is included for grant funded or donated vehicles.
Vehicle costs do not include fuel and maintenance. The City is responsible for fuel, repair and maintenance of all contract vehicles, including collision damage. All fuel, repair and maintenance costs incurred by the County will be billed to the City on a quarterly invoice.
Services and supplies will be billed to the City on a quarterly invoice.
Grant funded, donated and non-replaceable vehicles will incur a vehicle insurance and equipment connection cost for the period the vehicle is in use.
SCHEDULE A
Law Enforcement Services Contract
Town of Yucca Valley
2025-26
Additional Costs Billed Quarterly:
The Town will be billed on a quarterly basis for the following items:
• Increase to salaries and benefits resulting from Board of Supervisors-approved changes to Memoranda of Understanding with the County’s various employee organizations. • Actual overtime costs.
• Actual on-call costs.
• Actual costs of vehicle fuel, repair and maintenance, including the costs of collision repair. • Actual costs for services and supplies.
SAFETY: GENERAL:
Lieutenant - 0.52 Sheriff's Service Specialist - 2.36
Sergeant - 2.23 Office Specialist - 3.13
Detective/Corporal - 2.22 Motor Pool Service Assistant - 0.00 Deputy Sheriff - 10.41 Dispatchers - 2.32
Deputy Sheriff - Traffic Car - 2.00 7.80
School Resc Officer - 1.00
18.38 VEHICLES: DONATED VEHICLES LIST:
Marked Patrol Units - 4.00 Citizen Patrol - SUVs - 3.00 * Marked Patrol Units-4x4 SUV - 2.00 Radar/Message Trailer - 1.00 * Marked Patrol Units- K9 SUV - 1.00 Off-road Motorcycle - 1.00 * Safety Unmarked Units - 2.00 5.00 *
Pickup Trucks - 2.00
Donated Vehicles-Ins Only - 5.00 *
16.00 * (Included for insurance costs only)
LEVEL OF SERVICE SUMMARY
801-Town Essential Services Amended Year-End Amended Proposed Amended Budget Actual Budget Amendment Budget
RECEIPTS
Sales Tax $ 2,600,000 $ 2,756,833 2,950,000 2,950,000
Interest Income 25,000.00 25,341.89 20,000 20,000
TOTAL RECEIPTS 2,625,000 2,782,175 2,970,000 - 2,970,000
EXPENDITURES
Indirect Cost Recovery 96,000 96,000 120,000 120,000
Measure Communication Services 30,000 28,960 30,000 30,000 Sales Tax Admin Costs 4,000 2,731 4,000 4,000
TOTAL EXPENDITURES 130,000 127,691 154,000 - 154,000
CAPITAL OUTLAY
Work in Progress 3,039,388 2,137,698 3,720,397 88,444 3,808,841 TOTAL CAPITAL OUTLAY 3,039,388 2,137,698 3,720,397 88,444 3,808,841
OPERATING TRANSFERS IN (OUT)
Transfer In (Out) - Fund 800 (150,000) (150,000) - - -
Transfer In (Out) - Fund 572 (1,500,000) - (1,500,000) - (1,500,000) (1,650,000) (150,000) (1,500,000) - (1,500,000)
INCREASE (DECREASE) IN
FUND BALANCE (2,194,388) 366,789 (2,404,397) (88,444) (2,492,841) BEGINNING FUND BALANCE 3,386,621 3,386,621 3,753,410 3,753,410 ENDING FUND BALANCE $ 1,192,233 $ 3,753,410 $ 1,349,013 $ 1,260,569 Work in Progress Detail
Maintenance of Existing Essential Public Safety 930,000 930,000 985,800 88,444 1,074,244 Slurry Seal - 1,552 1,250,000 - 1,250,000
Crack Sealing - - 250,000 - 250,000
Emergency Dirt Road Maintenance 100,000 - 100,000 - 100,000 Infrastructure Contingency 100,000 17,800 200,000 - 200,000 Town Recreation and Park Improvements 470,000 480,444 - - - Infrastructure Projects 670,000 499,797 1,800,000 - 1,800,000 Expanded Senior Programming 80,000 94,467 85,000 - 85,000 Senior Center Improvements (w/ Parking Lot) 155,999 107,377 48,622 - 48,622 Community Non-Profit Partnerships 100,000 100,000 100,000 - 100,000 Homelessness Program 100,000 - 100,000 - 100,000
Museum Improvements 50,000 - 50,000 - 50,000
QOL - Vector Control Services 66,000 66,062 70,000 - 70,000 SR 62 Beautification - Monument Signs 435,000 - 435,000 - 435,000 CA Welcome Center Roof Maintenance 250,000 185,563 - - - Sports Complex Masterplan 27,032 25,049 - - -
Community-Wide QOL Program - CC Athletics Masterplan 175,357 129,382 45,975 - 45,975 3,039,388 2,137,698 3,720,397 88,444 3,808,841
Town of Yucca Valley
FY 2024-26 Adopted Budget
Special Revenue Funds
2024-25 2025-26
Year-End
FY24-25
Amended
FY25-26
Proposed
Amendments
Amended
FY25-26
REVENUES
Property Tax $ 7,948,701 $ 7,113,200 $ 7,113,200
Sales Tax - Bradley-Burns 4,704,093 4,950,000 4,950,000 Franchise 1,414,342 1,447,900 1,447,900
Transient Occupancy Tax 4,315,179 3,950,000 3,950,000
Interest 1,860,312 625,000 625,000
Animal Services Budget 482,234 587,290 587,290
Community Development Budget 1,084,925 974,000 974,000
Administrative/Other 557,218 447,760 447,760
Community Services Budget 212,651 189,000 189,000
Total Revenues 22,579,655 20,284,150 20,284,150
EXPENDITURES
Personnel Services 6,313,988 7,261,976 7,261,976
Contract Safety 5,932,653 6,146,000 331,373 6,477,373
Operating Supplies & Services 4,733,990 5,404,379 5,404,379 Partnerships 156,920 170,000 170,000
Capital Projects 102,784 183,388 183,388
Debt Service Payment 1,330,000 1,330,000 1,330,000
Total Expenditures 18,570,335 20,495,743 20,827,116
Excess (deficiency) of revenue over
expenditures
4,009,320 (211,593) - (542,966)
OTHER FINANCING SOURCES
Transfer In 54,000 54,000 54,000
Transfers Out (4,086,000) (86,500) (86,500)
Total Other Funding Sources (4,032,000) (32,500) (32,500) Net Change in Fund Balances (22,680) (244,093) (575,466) Fund Balance, Beginning of Year 22,626,082 22,603,401 22,603,401 Fund Balance, End of Period $ 22,603,401 $ 22,359,308 $ 22,027,935 Fund Balance Summary
Unassigned Reserves 16,118,878 15,874,484 15,543,111
Nonspendable 200,000 200,000 200,000
Restricted 3,284,524 3,284,824 3,284,824
Assigned-Risk Management 500,000 500,000 500,000
Assigned-Catastrophic 1,500,000 1,500,000 1,500,000
Assigned-Retiree Obligation 1,000,000 1,000,000 1,000,000 Assigned-Other - - -
Ending Fund Balance 22,603,401 22,359,308 22,027,935
Operating Reserves (% of Expend) 87% 77% 75%
Town of Yucca Valley
General Fund Budget Summary
Item: 15.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Jared Jerome, Associate Planner
Date: October 27, 2025
Meeting Date: November 4, 2025
Subject: Land Development Update
Recommendation:
That the Town Council receives and files the report.
Prior Review:
There has been no prior review of this item. The purpose of this report is to update the Town Council on private land development and capital project activity.
Discussion:
Town staff will provide the Town Council with an update on current private land development and capital projects and anticipated schedules.
Alternatives
None.
Fiscal Impact:
None.
Attachments
None