Agenda packet — Yucca Valley City Council, January 20, 2026 (part 1 of 2)

TOWN OF YUCCA VALLEY

TOWN COUNCIL MEETING
The Mission of the Town of Yucca Valley is to
provide a government that is responsive to its citizens to ensure a safe and secure environment
while maintaining the highest quality of life.

CLOSED SESSION: 4:15 PM
TUESDAY, JANUARY 20, 2026
Town Hall Conference Room
57090 Twentynine Palms Hwy
Yucca Valley, Ca 92284
TOWN COUNCIL: 5:00 PM
TUESDAY, JANUARY 20, 2026
Yucca Valley Community Center - Yucca
Room
57090 Twentynine Palms Hwy
Yucca Valley, Ca 92284
Join Zoom Meeting
https://zoom.us/j/93271256260?pwd=oVHuK4lckzmLbNdpjaLzklafhkwcxc.1 Meeting ID: 932 7125 6260 Passcode: 259276
Use the above link to virtually access the meeting. You will automatically be muted upon entry.

During the meeting, participants will be prompted to “raise hand” or inform the meeting moderator when wishing to make a public comment. Comment time is limited to 3 minutes or as instructed by the Mayor/Chair. If any technical difficulties occur resulting in lack of connectivity or virtual streaming, the in-person meeting will continue to proceed. * * * *
Town Council
Merl Abel, Mayor
Jim Schooler, Mayor Pro Tem
Rick Denison, Council Member
Jeff Drozd, Council Member
Robert Lombardo, Council Member
* * * *
TOWN ADMINISTRATIVE OFFICE:
760-369-7207
Public Comments: [email protected]
www.yucca-valley.org

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AGENDA

MEETING OF THE TOWN COUNCIL
TUESDAY, JANUARY 20, 2026, 5:00 PM
The Town of Yucca Valley complies with the Americans with Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please call the Town Clerk’s Office at (760) 369-7209 at least 48 hours prior to the meeting
The meeting agenda packet is available for public view in the Town Hall lobby and on the Town’s website at www.yucca-valley.org prior to the meeting. For more information on an agenda item or the agenda process, please contact the Town Clerk’s office at (760) 369-7209 ext. 226.

If you wish to comment on any agenda item or on any subject not on the agenda during public comments, please fill out a request to speak card and give to the Town Clerk/Commission Secretary.

Comment time is limited to 3 minutes.

Where appropriate or deemed necessary, action may be taken on any item listed in the agenda.

OPENING CEREMONIES:

Closed Session

1. The Town Council will meet in closed session pursuant to the provisions of Government Code Section 54957(b) regarding a public employee performance evaluation. Job Title: Town Attorney

2. The Town Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9(d)(2) and (3) to confer with legal counsel with regard to one matter of potential exposure to litigation.

Report Out of Closed Session
Call to Order
Roll Call
Council Members Denison, Drozd, Lombardo, Schooler, and Mayor Abel Pledge of Allegiance
Presentations, Introductions, Recognitions

1. Introduction: San Bernardino County Sheriff's Captain Steve Scovel

2. Presentation: Southern California Edison Update- Government Affairs Manager Shane Massoud
Approval of Agenda

3. Agenda Approval
Recommendation:

Approve the meeting agenda as prepared.

Consent Agenda

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All items listed on the consent agenda are routine matters or formal documents covering previous Town Council instruction. Items are enacted by one motion and a second without separate discussion unless a member of the Town Council or Town Staff requests dialog on a specific item at the beginning of the meeting. Requests for public comment on the consent agenda items should be filed with the Town Clerk.

4. Rejection of Claim
Recommendation:

That the Town Council rejects one Claim filed against the Town of Yucca Valley submitted on November 24, 2025, by Shannan Reed.

5. Rejection of Claim
Recommendation:

That the Town Council rejects one Claim filed against the Town of Yucca Valley submitted on December 19, 2025, by Virginia De Jesus Rivera-Guzman obo Carmen Yolanda Leon-Rivera.

6. Authorization to Purchase Replacement Fleet Vehicle #4 with 2026 GMC Sierra K2500 SL Crew Cab
Recommendation:

That the Town Council waives the competitive bidding requirements because adherence to the procedures would be inefficient, impractical, and unnecessary (as stated in section 3.12.060, (G) of the Town Code) and authorizes the Town Manager or designee to execute a purchase agreement with Borjon Auto Center of Paso Robles, CA, for a new 2026 GMC Sierra K2500 Crew Cab for the Parks Maintenance Division for an amount not to exceed $62,776.19.

7. Mural License and Installation and Maintenance Agreement - Wall Mural Permit (M) 02-25 Recommendation:

As recommended by the Planning Commission and the Parks, Recreation, and Cultural Commission, that the Town Council approves and authorizes the Town Manager to sign the Mural License and Installation and Maintenance Agreement – Wall Mural Permit (M) 02-25.

8. Mural License and Installation and Maintenance Agreement - Wall Mural Permit (M) 03-25 Recommendation:

9. On-Call Berm Repair and Replacement Maintenance Services authorization to release a Request for Proposal

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Recommendation:

That the Town Council authorizes the release of an RFP for On-Call Berm Repair and Replacement maintenance services.

10. Town Project No.8061 – : Senior Center Roof Replacement Project - Change Order #1 and #2 Recommendation:

That the Town Council;
1- Adopts the Resolution, amending the budget to allocate $70,000.00 from CDBG Funding for the Town Project No.8061.
2- Approves Change Order #1 to the contract with Letner Roofing Co. for installing PVC roof décor profile, increasing the contract by $44,506.48, bringing the original contract amount of $178,100.00 to $231,506.48.
3- Approves Change Order #2 to the contract with Letner Roofing Co. install flashing at stucco, new riglet and counterflashing, and stucco repair and paint to match existing, increasing the contract by $21,809.41, bringing the contract amount of $231,506.48 to $253,315.89.

11. Treasurer's Report for the Quarter Ending December 31, 2025 Recommendation:

Receive and file the Treasurer’s Report for the second quarter of FY2025-26.

12. AB1234 Reporting Requirements
Recommendation:

Receive and file the AB1234 Reporting Requirement Schedule for the month of December 2025.

13. AB1234 Reporting Requirements
Recommendation:

Receive and file the AB1234 Reporting Requirement Schedule for the month of November 2025.

14. Ratification of Warrant Registers
Recommendation:

Ratify the Payroll Registers totaling $340,806.43 dated December 05, 2025, and $308,432.90 dated December 19, 2025.

Ratify the Warrant Registers totaling $926,630.44 dated December 05, 2025, $58,455.64 dated December 15, 2025, and $1,821,154.37 dated December 19, 2025.

15. Ratification of Warrant Registers
Recommendation:

Ratify the Payroll Registers totaling $292,759.58 dated November 07, 2025, and $297,605.37 dated November 21, 2025.

Ratify the Warrant Registers totaling $1,975,924.35 dated November 07, 2025, and $4,317,690.42 dated November 21, 2025.

Public Hearings

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16. Community Development Block Grant (CDBG) Prioritization Hearing Recommendation:

It is recommended that the Town Council:

1. Allocate the entire final Town's FY2026-27 CDBG allocation to the following eligible Town Project, in accordance with Town's historical project funding allocations.

2. Direct staff to invite non-funded organizations to apply for General Fund or Measure Y Fund Partnership consideration as part of the FY2026-27 budget process.

Department Reports

17. 2026 Yucca Valley Animal Shelter Microchip Program
Recommendation:

That the Town Council approve the 2026 Yucca Valley Animal Shelter microchip program, establishing no fee microchipping for Town residents and $5.00 microchipping fees for Morongo Basin County residents for calendar year 2026.

18. Town-wide Landscape Beautification Program
Recommendation: That the Town Council:

Approve Amendment #1 to Hermann Design Group, Inc. to prepare plans, specifications, and cost estimate for the design of the SR62 Beautification Project in the amount of $85,880.00.

1. Extending the Hermann Design Group on-call contract to December 2027.

2. Authorize the Town manager or designee to sign all related documents.

19. Temporary Short-Term Term Vacation Rental - Ordinance Review and GIS Map Presentation
Recommendation:

That the Town Council receives and files the report and provides direction to staff, if desired, regarding potential revisions to the adopted TSTVR ordinance.

20. FY 2026-28 Draft Strategic Plan Review
Recommendation:

Review and approve the final draft FY 2026-28 Strategic Plan and direct staff to incorporate the plan priorities into the FY 2026-28 budget process and policy planning activities.

Future Agenda Items
Public Comments
The Town Council takes this time to consider your comments on items of concern which are not on the agenda. When you are called to speak, please state your name and community of residence.

Please limit your comments to 3 minutes or less. Inappropriate behavior which disrupts, disturbs, or otherwise impedes the orderly conduct of the meeting will result in forfeiture of your public comment privileges. The Town Council is prohibited by State law from taking action or discussing items not on the printed agenda.

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Staff Reports and Comments
Mayor and Council Member Reports and Comments
Council Member Denison
Council Member Drozd
Council Member Lombardo
Mayor Pro Tem Schooler
Mayor Abel
Announcements
Upcoming Meeting Schedule: The next regular meeting of the Yucca Valley Town Council will be held on Tuesday, February 3, 2026 at 5:00 PM in the Yucca Valley Community Center Yucca Room.

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Item: 4.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Debra Breidenbach-Sterling, Human Resources and Risk Manager Date: January 6, 2026
Meeting Date: January 20, 2026
Subject: Rejection of Claim
Recommendation:

That the Town Council rejects one Claim filed against the Town of Yucca Valley submitted on November 24, 2025, by Shannan Reed.

Prior Review:

There has been no prior Council review on this item.

Discussion:

Under state law, a claim for personal damage must be presented in accordance with Government Code Section 910. Based upon staff and legal review, it is recommended that the claim be rejected in accordance with Government Code 913 and 915.4. If Council wishes to discuss the nature and content of the claim, a closed session under the same terms of the Brown Act is appropriate.

When the Town receives a claim, a review is conducted regarding the charges of the claim.

Based on legal review and/or review by our insurer California Intergovernmental Risk Authority, a claim is either recommended for rejection or a settlement is attempted.

Alternatives
No alternative is recommended.

Fiscal Impact:

None
Attachments
None

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Item: 5.

That the Town Council rejects one Claim filed against the Town of Yucca Valley submitted on December 19, 2025, by Virginia De Jesus Rivera-Guzman obo Carmen Yolanda Leon-Rivera.

Prior Review:

Discussion:

When the Town receives a claim, a review is conducted regarding the charges of the claim.

Based on legal review and/or review by our insurer California Intergovernmental Risk Authority, a claim is either recommended for rejection or a settlement is attempted.

Alternatives
No alternative is recommended.

Fiscal Impact:

None
Attachments
None

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Item: 6.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director
Date: January 12, 2026
Meeting Date: January 20, 2026
Subject: Authorization to Purchase Replacement Fleet Vehicle #4 with 2026 GMC Sierra K2500 SL Crew Cab
Recommendation:

That the Town Council:
• Waives the competitive bidding requirements because adherence to the procedures would be inefficient, impractical, and unnecessary (as stated in section 3.12.060, (G) of the Town Code) and authorizes the Town Manager or designee to execute a purchase agreement with Borjon Auto Center of Paso Robles, CA, for a new 2026 GMC Sierra K2500 Crew Cab for the Parks Maintenance Division for an amount not to exceed $62,776.19.

Prior Review:

At its meeting on December 2, 2025, the Town Council approved the purchase of a 2026 GMC Sierra 2500HD Crew Cab for the Parks Maintenance Division for an amount not to exceed $66,097.17 from Chavez-Jessup GMC of Indio, CA.

Discussion:

On October 8, 2025, Vehicle #4 (2005 GMC Sierra Pickup truck) was involved in an accident at Dumosa Avenue and State Route 62. Vehicle #4 sustained substantial damage to the frame. As of the date of this staff report, and to the staff’s best knowledge, the Town’s insurance adjuster has declared the vehicle a total loss in the amount of $41,606.25.

To avoid delay, Town staff performed an internet search of Southern California dealerships using the specifications of a 2026 GMC Sierra 2500HD Crew Cab, white in color, with a gasoline engine and immediate availability, thus eliminating the significant wait periods currently encountered for vehicles purchased by government contracts. Utilizing Town of Yucca Valley Municipal Code 3.12.060 - G.

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“3.12.060: EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENTS: Notwithstanding any provision of this Chapter to the contrary, the competitive bidding procedures and requirements may be dispensed with in any of the following instances:...” “G. When the Town Council finds that adherence to the procedures in this Chapter would be inefficient, impractical, and unnecessary."
Using the State bid list has proven inefficient, as demonstrated by the extensive and unreasonable wait times of 6-12 months for available vehicles. Currently, there is no availability of these vehicles on the State bid list. Therefore, staff recommend to exercise section 3.12.060 (G), highlighted in the attached policy, to conduct an informal bid process, which can consist of direct quote solicitations.

The replacement vehicle is necessary for efficient Town Parks Maintenance operations.

Following the Town Council's approval to purchase the 2026 GMC Sierra from Chavez-Jessup GMC of Indio, staff contacted the dealership to complete the sale. Town staff was informed by the dealership that the 2026 GMC Sierra had already been sold. Staff conducted an internet search for a similar vehicle and found it at Borjon Auto Center of Paso Robles, CA. The 2026 GMC Sierra K2500 SL from Borjon Auto has a purchase price of $62,776.19, including a $500.00 fee to transport the vehicle to Yucca Valley from Paso Robles and it comes with a higher grade trim package. The cost is $3,320.98 less than the Chavez-Jessup vehicle and lower than two other vehicle quotes included to illustrate that the purchase price is within the standard range and is competitive in the general marketplace.

Alternatives
Town staff offer no alternate actions.

Fiscal Impact:

There are no federal funds or grants associated with this purchase. The Town will utilize fleet reserve funds budgeted within the Capital Project Reserve Fund 800. The purchase price of the new equipment from Borjon Auto Center (2026 GMC Sierra K2500 SL Crew Cab is $62,776.19, including transportation of vehicle and taxes)
2026 GMC Sierra K2500 S
(Borjon Auto Center)
2026 GMC Sierra 2500HD
(Chavez-Jessup GMC)
Purchase Price $57,600.00 $64,950.00
Taxes & Fees $5,176.19 $5,718.17
Discount -$4,571.00
Vehicle Transport & Tax $543.75
Total amount to purchase
vehicle
$62,776.19 $66,097.17
Attachments

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1. Staff Report 1 20 2026 TC Mtg Change of Dealership for Parks replacement veh

2. Pages from PO 26 10193 Borjon Auto Center -$62,776.2026 Vehicle Replacement GMC Sierra K2500 - 12 4 2026

3. Retail Installment Sale Contract - Borjon Auto Center - 2026 GMC Sierra K2500 SL

4. Municipal Code Excerpt

5. 2 quotes for GMC Sierra 2500HD-TC Mtg 12-2-2025

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Item: 11.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director
Date: January 7, 2026
Meeting Date: January 20, 2026
Subject: Authorization to Purchase Replacement Fleet Vehicle #4, 2026 GMC Sierra K2500 SL Crew Cab - Change of Dealership
Recommendation:

That the Town Council approve a different dealership for the purchase of a previously approved replacement vehicle for the Parks Maintenance Division.

Prior Review:

In its meeting on December 2, 2025, the Town Council approved the purchase of a 2026 GMC Sierra 2500HD Crew Cab for the Parks Maintenance Division for an amount not to exceed $66,097.17 from Chavez-Jessup GMC of Indio, CA.

Discussion:

Staff swiftly conducted an internet search for a similar vehicle and found it at Borjon Auto Center of Paso Robles, CA. The 2026 GMC Sierra K2500 SL from Borjon Auto has a purchase price of $62,776.19, including a $500.00 fee to transport the vehicle to Yucca Valley from Paso Robles and it comes with a higher grade trim package. The cost is $3,320.98 less than the Chavez-Jessup vehicle.

Alternatives
Town staff offers no alternate actions.

Fiscal Impact:

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including transportation of vehicle and taxes).
2026 GMC Sierra K2500 SL
(Borjon Auto Center)
2026 GMC Sierra 2500HD
(Chavez-Jessup GMC)
Purchase Price $57,600.00 $64,950.00
Taxes & Fees $5,176.19 $5,718.17
Discount -$4,571.00
Vehicle Transport & Tax $543.75
Total amount to purchase
vehicle
$62,776.19 $66,097.17
Attachments
None

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EX C E R P T F R O M MU N I C I P A L CO D E – TO W N O F YU C C A VA L L E Y , CA J:\PUBLIC WORKS\PW Administration\Staff Reports\2025\Dec 2 2025 TC meeting - Replacement Vehicle.docx Page 1 of 1

3.12.060: EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENTS:

Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements may be dispensed with in any of the following instances:

A. When the estimated amount involved is less than twenty five thousand dollars ($25,000.00); B. When the commodity can be obtained from only one vendor; C. The Town Manager may authorize the purchase of materials, supplies, equipment and services where an emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed. All emergency purchases, which would otherwise require formal bidding procedures, made pursuant to this section shall be submitted to the Town Council for ratification at the next regular Council meeting after the purchase is authorized;
D. The Town Council may authorize the execution of contracts for personal services, for professional and consultant services, and for other nonpublic projects and for contractual services without observing the bidding procedures provided herein where the amount of the contract exceeds the value set forth therein;
E. The Town Manager is authorized to enter into contracts for personal services, for professional and consulting services and for other contractual services without observing the bidding procedure provided herein where the amount of the contract does not exceed the amount of fifty thousand dollars ($50,000.00); provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged;
F. Any agreement involving acquisition of supplies, equipment or service entered into with another governmental entity;
G. When the Town Council finds that adherence to the procedures in this chapter would be inefficient, impractical and unnecessary;
H. The Town Council may authorize the execution of a lease or leases for office space for the Town government without observing the bidding procedures provided herein irrespective of the term of the lease or leases or the amount of rent and other charges to be paid by the Town under the lease or leases.

I. When a contract is available through a Leveraged Procurement Agreement with a government agency or a Cooperative Purchasing Agency in which the contract has been competitively solicited. (Ord. 277, 4-3-2018)

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HATFIELD
Stock#: 226081 VIN 1GT4UME71TF141860 Deal#: 0007982 October 30, 2025 2026 GMC SIERRA K2500 SL

JOE BOWERS
Phone: Salesperson: KAYLYNN SOLORIO
Email:

Sale Information Cash Option Sales Tax $5,757.06
MSRP $66,210.00
Balance Due Of $71,095.81
Selling Price $65,710.00
Finance Option
Accessories $0.00
Initial Investment
Rebates $500.00
Service Contract $0.00
Gap $0.00
Net Trade $0.00
Fees $128.75
Lease Option
Trade Information Initial Investment
Trade Allowance $0.00
Trade Payoff $0.00
Net Trade $0.00
Please submit this worksheet to management for review. I understand 1) This worksheet is neither an offer nor a contract and is not binding on the customer or the dealership. 2) No offer to purchase any vehicle is binding until accepted in writing by an authorized sales manager and 3} Sales consultants cannot obligate or bind the customer or the dealership.

I hereby authorize the dealership to conduct an investigation of my credit and employment history and release such information to banks, lenders and credit agencies.

Customer signature: Dealership Approval:

Quote #1

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Hey Joe,
Here's the proposal for your 2026 GMC Sierra 2500HD. Please don't hesitate to reach out if you have any James R Keys
Senior Sales Consultant
Hardin Buick GMC
1321 S. Auto Center Dr
Anaheim Ca 92806
714 635-2020 Dealership
71446 7-1972 Cell
Link to Leave Google Review
Attachments securely protected: Joe Bowers Proposal.pdf Downloads will be available until December 3, 2025.

Quote #2 Page 1 of 2

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Proposal Prepared For
Joe Bowers
[email protected]
(760) 625-6686
Your Vehicle's Cash Price
MSRP / Market Value
Savings
Adjusted Selling Price
Sales Sub Total
State Taxes And Fees
Other Fees
Final Price
Guest Signature
$64,420.00
-$500.00
$63,920.00
$63,920.00
$6,630.19
$127.75
$70,677.94
Manager Signature
November 03, 2025 10:41 AM
2026 GMC Sierra 2500HD
26TS5370 -1GT4UME7XTFl55370
Trim 4WD Cre rv Cab 172' SLE
E tcr101 Summit White
Int 11or J t Black
10 Your Sales Consultant
Jim Keys
� jkeys@h rdindrive.com
(714) 678-3242
Quote #2 Page 2 of 2

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Item: 7.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Evan Willoughby, Assistant Planner, Shane Stueckle, Deputy Town Manager Date: January 6, 2026
Meeting Date: January 20, 2026
Subject: Mural License and Installation and Maintenance Agreement - Wall Mural Permit (M) 02-25
Recommendation:

Prior Review:

There has been no prior Town Council review of this item.

Discussion:

Pursuant to the Mural Policy adopted by the Town Council on February 21, 2023, the Planning Commission is the review authority for the approval of placement and application of proposed murals and the Parks, Recreation and Cultural Commission is the review authority for mural content, design, and artist qualifications. The Town Council is the review authority for approval of agreements and/or easements. The agreement allows the Town to directly regulate the design of the mural.

On September 23, 2025, the Town’s Planning Commission approved (Vote 5-0) the placement of Wall Mural Permit No. (M) 02-25, a mural located on the east building wall of the Joshua Tree National Park Association building at 55922 Twentynine Palms Highway.

On November 13, 2025, the Town’s Parks, Recreation, and Cultural Commission approved (Vote 4-0) the design, content, and Artist qualifications for Wall Mural Permit No. (M) 02-25 for the mural and proposed signage, pictured below.

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The Town’s adopted Mural Program Policy requires each Wall Mural applicant to enter into an agreement with the Town, through a mural easement agreement or similar, attached to this staff report.

There have been no public comments or written testimony on this matter submitted to staff as of the writing of this report.

Alternatives
N/A
Fiscal Impact:

N/A
Attachments

1. Mural License and Installation & Maintenance Agreement 55922 Twentynine Palms Highway

2. M 02-25 @ 55922 Twentynine Palms Highway - Application

3. M 02-25 @ 55922 Twentynine Palms Highway - Plans & Art

4. TOWN OF YUCCA VALLEY - MURAL PROGRAM POLICY - ADOPTED FEBRUARY 21, 2023

5. M 02-25 9_23_2025 PC Minutes

6. M 02-25 Draft Minutes - 11_13_2025 PRCC

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4938-6129-5941 v1

MURAL LICENSE AND INSTALLATION & MAINTENANCE AGREEMENT
WALL MURAL PERMIT (M) 02-25 55922 29 PALMS HWY
This MURAL LICENSE AND INSTALLATION & MAINTENANCE AGREEMENT (the Agreement) is made on _________, 2026, by and between William Heveron (Owner), Linda Shrader (Artist), and the Town of Yucca Valley, a municipal corporation (Town). Owner, Artist, and Town may be referred to, individually or collectively, as Party or Parties.

RECITALS
A. The Town understands the importance of art in public places and the role that murals play in preserving our culture, conveying the history of our community, beautifying the Town, and advancing the arts.

B. Murals are permitted under the Town’s Mural Program Policy (the Policy), as adopted by the Town Council on February 21, 2023.

C. The Policy requires that persons wishing to install a mural on their property submit an application to do so with the Town. The proposed design must be reviewed and approved by the Planning Commission, and the applicant must enter into an agreement with the Town such that the Town can regulate the design, construction, and maintenance of the mural.

D. On September 23, 2025, the Town’s Planning Commission approved Wall Mural Permit No. (M) 02-25, 55922 29 Palms Hwy for a mural at the Property by Artist, which will include one building frontage, as described in greater detail in Exhibit A, Scope of Work (the Mural).

E. On November 13, 2025, the Parks, Recreation, and Cultural Commission approved the design and artist qualifications for Wall Mural Permit No. (M) 02-25, for a mural at the Property by Artist, included in Exhibit A, Scope of Work (the Mural).

F. The Town, Owner, and Artist now wish to enter into this Agreement to ensure the installation and maintenance of the Mural in conformance with the design approved by the Parks, Recreation, and Cultural Commission.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

Article 1
Definitions

1.1. “Commercial” means words or images used elsewhere in the marketplace for the purpose of promoting a particular business, product, service, cause, place or brand.

1.2. “Good condition” means that the mural is free of dirt, debris, and any other object or substance interfering with the public’s view of the Mural.

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4938-6129-5941 v1

1.3. “License” means the irrevocable right granted by Licensor to Licensee, to run concurrently with the Agreement, to ensure that the Mural conforms to the requirements of this Agreement and the Town’s Policy.

1.4. “Mural” means a picture or representation, in any type of medium, on an exterior surface of a building, structure, fence or garden wall.

Article 2
Owner’s Covenants

2.1. Authorization. Owner covenants that Owner owns the property located at 55922 Twentynine Palms Highway, APN 058631106 (the “Property”), is authorized to permit the Mural’s installation the approved façade of the Property, and will permit Artist to do so following this Agreement’s execution.

2.2. Maintenance and Repair. Owner covenants to maintain and repair the Mural during the term of this Agreement so that the Mural is at all times in a state of good condition.

Article 3
Artist’s Covenants

3.1. Installation. Artist covenants to complete installation of the Mural on Building within 60 days after this Agreement’s execution.

3.2. Necessary Artistic Repairs. Artist covenants to assist Owner in making any necessary repairs to the Mural’s artistic content, including, but not limited to, restoring a damaged portion of the Mural’s content.

3.3. Ownership. Except as provided below, the Mural will be fully owned by Owner, and Owner may use the Mural in its own promotional materials. Owner, however, will not hold a license to reproduce or sell the Mural to a third party, except that if the Property is sold, the Mural may be sold to the new property owner.

Article 4
Term, Termination, and Extension

4.1. Term. This Agreement shall have a term of ten (10) years from the date of execution, unless terminated pursuant to Article 4.

4.2. Owner’s Termination. Owner may elect to terminate this Agreement without any liability to Artist or Town if Artist: (a) fails to install the mural as specified in this Agreement; or (b) fails to complete installation of the mural on the date required by Section 3.1 for any reason.

In the event of such termination, Owner may elect to cover or remove those parts of the Mural that have been installed.

4.3. Town’s Termination. Town may elect to terminate this Agreement without any liability to Artist or Owner if the Mural is not maintained in accordance with Section 7.1.

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4938-6129-5941 v1

4.4. Extension. The Parties hereto may mutually agree in writing to extend the term of this Agreement for successive five (5) year periods.

Article 5
Mural Specifications

5.1. Content. The Mural shall conform to the design approved by the Parks, Recreation and Cultural Commission as attached in Exhibit A. Any deviation from the design that is not approved in writing by the Town is a violation of this Agreement and triggers the Town’s right of access specified in Section 7.2.

5.2. Sponsor and Artist Identification. In no event shall the name of a sponsor, a sponsor product likeness, or the Artist’s signature individually comprise more than one (1) percent of the mural.

5.3. Configuration and Dimensions. The Mural shall be of the same configuration and dimensions as the scale rendition approved by the Planning Commission and Owner.

Article 6
Installation

6.1. Time of Installation. Artist shall begin installing the Mural as soon as reasonably practicable after this Agreement’s execution.

6.2. Notice of Installation. Artist shall provide advance notice in writing to Owner of the date and time Artist intends to install the Mural. Artist may thereafter proceed with the installation if Owner is not present, unless Owner notifies Artist in writing otherwise.

6.3. Materials. Artist shall be responsible for providing all materials necessary to install the Mural. Payment for the Mural, including materials costs, shall be negotiated between Owner and Artist. The Town shall contribute no funds to the project.

6.4. Landscape Protection and Removal. To the extent reasonably practicable under the circumstances, Artist shall take care to protect any landscaping on the Property during installation. If installation requires the removal of any landscaping on the Property, Artist shall be responsible for replacing the landscaping after completing installation. Prior to removing or altering any landscaping on the Property, Artist shall first acquire Owner’s consent to such removal or alteration.

6.5. Application for Encroachment Permit. Artist shall determine whether installation of the mural requires an encroachment permit pursuant to Yucca Valley Municipal Code Chapter

12.60, which requires an encroachment permit for any work performed in the public right of way or utility easements in the Town, and, if required, Artist shall acquire said permit prior to commencing the mural’s installation.

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Article 7
Maintenance and Repairs

7.1. Maintenance and Repairs. Owner shall be responsible for maintaining the Mural in good condition at all times while this Agreement is in force. If, for any reason, the Mural is not so maintained, as determined by Town, Town shall notify Owner of the need to perform maintenance and/or repairs and identify the actions necessary for compliance with this provision.

If, after thirty (30) days from the date of the Town’s notification to Owner of the need for maintenance and/or repairs, Owner has not performed the actions identified by Town as being necessary for compliance with this provision, Town as the Licensee may enter Owner’s property and perform any necessary maintenance and/or repairs at Owner’s expense.

7.2. License; Right of Access. Owner (Licensor) hereby grants Town and Artist (Licensees) an irrevocable License, including the right of access to the Property, to paint the Mural and to perform maintenance and repairs required pursuant to this Agreement, and otherwise to ensure the Mural remains in good condition and conforms to the approved design (Exhibit A) while this Agreement is in force. The irrevocable License will run concurrently with the term of this Agreement. In the event that Licensor modifies the Mural without the written consent of the Licensees, Licensees may provide Licensor with a written notice to cure within a specified time; if Licensor fails to cure, Licensees may enter the Property and either correct the violation by hiring Artist to do so, or the Town may paint over the Mural. Any costs associated with curing the violations shall be borne by Licensor, including Licensees’ attorneys’ fees.

Article 8
Removal

8.1. Removal by Town. Town may remove the Mural at Owner’s expense if Owner fails to maintain the Mural in good condition as provided in Section 7.1.

8.2. Removal by Owner. Owner may remove the mural at Owner’s expense if Owner reasonably determines that the mural is harming the Property or limiting Owner’s ability to use the Property for the purpose for which it is intended; provided that Owner shall provide Artist and Town with sixty (60) days’ notice that Owner intends to remove the mural at the end of the notice period. If possible, Owner shall work with Artist and Town to find another suitable site for the mural.

Article 9
Insurance and Indemnification

9.1. Insurance. Owner agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “B” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by the Town as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Town Manager. Owner agrees to provide the Town with copies of the required policies upon request.

9.2. Indemnification and Coordination. Owner agrees:

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(i) to indemnify Town and Artist for any costs either party incurs in connection with the Mural caused by the actions of the Owner, their officers, employees, or agents, or any person who was under their control insofar as permitted by law. Further, Owner agrees to hold harmless, indemnify, and defend Artist and the Town of Yucca Valley, its officials, members, agents, and employees (collectively the Indemnified Parties) against any claims, costs, damages, demands, liability, and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of either Indemnified Party in connection with the Mural, regardless of whether the either Indemnified Party is actively negligent or passively negligent, except for those claims, costs, damages, demands, liability, and notices, or any of these, caused solely by the negligence or willful misconduct of either Indemnified Party; and (ii) to cooperate with the Town to respond to specific risks, hazards, and dangers to public health and safety that are reasonably foreseeable consequences of the activity contemplated by this Agreement.

Article 10
Intellectual Property

10.1. Ownership: Town, its successors and assigns, shall own all rights in the mural except as specified below.

10.2. Copyright. Subject to the restrictions and usage rights and licenses granted to Owner hereunder, and unless otherwise agreed to by the parties in writing, Artist shall retain all 17 U.S.C. §106 copyrights in all original works of authorship produced under this Agreement. If Artist is comprised of two or more individual persons, the individual persons shall be deemed joint authors of the mural.

10.3. Owner’s Intellectual Property License. Artist hereby grants to Owner, and to Owner’s agents, authorized contractors and assigns, and to Town an unlimited and irrevocable license to do the following with respect to the Mural:
(i) Owner may use and display the mural on the Property only. (ii) Owner and Town may make, display, and distribute, and authorize the making, display, and distribution of photographs and other reproductions of the mural. Owner and Town may use such reproductions for any Owner-related or Town-related purpose, including advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic, and multimedia publicity. Owner and Town shall ensure that such reproductions are made in a professional and tasteful manner, in their sole and reasonable judgment. Owner and Town shall make reasonable efforts to ensure that such reproductions include the following credit line and copyright notice where practicable: “[Title of Artwork]” © [Year of completion] by [Artist’s name]. Failure to include such credit line and notice in any reproductions shall not constitute a breach of this agreement. Neither Owner nor Town may license or sublicense its rights for any private or commercial purpose. This license granted hereunder does not include the right to sell photographs or reproductions of the mural or to reproductions.

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10.4. Third Party Infringement. Artist represents and warrants that the mural is the sole work of the Artist and does not infringe the intellectual property rights of any third parties.

Neither Owner nor Town is responsible for any third party infringement of Artist’s copyright or for protecting Artist’s intellectual property rights. Further, Artist agrees to indemnify Owner and Town against any claims brought against Owner or Town alleging that the mural infringes the intellectual property rights of any third parties.

10.5. Publicity. Owner and Town shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reproduction and distribution of the mural. Artist shall be reasonably available to attend any ceremonies related to the mural.

10.6. Trademark. In the event that Owner’s or Town’s use of the mural creates trademark, service mark or trade dress rights in connection with the mural, Owner and Town shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress.

10.7. Waiver of Artist’s Rights. With respect to the mural produced under this Agreement, and in consideration of the procedures and remedies specified in this Agreement, Artist hereby waives any and all claims, arising at any time and under any circumstances, against Owner and Town, its officers, agents, employees, successors and assigns, arising under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987, et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§ 987, et seq., or any other type of moral right protecting the integrity of works of art. Specifically, Artist hereby waives any and all such claims against Owner or any future owners of the Property, and its agents, officers and employees, and Town. Artist hereby represents and warrants that the Artist is authorized to sign this waiver.

Article 11
Miscellaneous Provisions

11.1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ONE PARTY

TO THIS AGREEMENT BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL,

CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, INCLUDING LOST

PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR ANY

ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER A CLAIM MADE BY THAT PARTY IS BASED ON CONTRACT OR TORT.

11.2. Survival. The provisions contained in Article 10 shall survive the expiration or termination of this Agreement.

11.3. Modification and Amendment. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement.

11.4. Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Bernardino County.

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11.5. Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.

11.6. Entire Agreement. This Agreement sets forth the entire agreement between the parties, and supersede all other oral or written provisions.

11.7. Counterparts. This Agreement may be executed in multiple counterparts and signatures may be exchanged by facsimile or electronically, each of which shall be deemed to be an original document, and all of which together shall constitute one and the same document.

11.8. Relationship of the Parties. Nothing contained in the Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the Parties. The relationship between the Parties shall at all times be that of independent contractors.

Neither Party shall have authority to contract for or bind the other in any manner whatsoever.

The Agreement confers no rights upon either Party except those expressly granted herein.

11.9. Attorneys’ Fees. In the event either party commences legal proceedings for the enforcement of this Agreement, the prevailing party shall be entitled to recovery of its attorney’s fees, litigation expenses, and court costs incurred in the action brought thereon.

Attorney’s fees and litigation expenses shall include without limitation costs of preparation and discovery and retaining expert witnesses, and such fees and expenses shall be payable whether or not the litigation proceeds to final judgment. “Prevailing party” shall be defined as the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. When any party recovers other than monetary relief and in situations other than as specified herein, the prevailing party shall be as determined by the court.

11.10. Notices. Notices or other communications required by this Agreement will be sufficiently made or given if mailed by certified First Class United States mail, postage pre-paid, or by commercial carrier (e.g., FedEx, UPS, etc.) when the carrier maintains receipt or record of delivery, addressed to the address stated below, or to the last address specified in writing by the intended recipient.

Owner: William Heveron
PO Box 226
Pioneertown, CA 92268
Email: [email protected]
Artist: Linda Shrader
___________________
___________________
Email: __________________
Town Town of Yucca Valley
57090 Twentynine Palms Highway
Yucca Valley, CA 92284

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Attn: Town Manager
Email: [email protected]

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.

Owner
William Heveron
Artist
Linda Shrader
Town
Curtis Yakimow, Town Manager

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EXHIBIT A

SCOPE OF WORK

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TOWN OF YUCCA VALLEY – MURAL PROGRAM POLICY
ADOPTED BY TOWN COUNCIL ON FEBRUARY 21, 2023

TOWN MURAL PROGRAM POLICY

1. Location: Properties within commercial (C-MU, C-N, C-G, C-C, C-O) and Old Town (OTHC, OTI/C, OTMU, OTC/R) zoning districts are eligible to apply for a Wall Mural permit.

2. Maximum Number of Murals Per Site: One (1) mural per building wall may be approved bythePlanning Commission.

3. Advertisement Value: Words and/or images shall not be incorporated within a proposed mural which specifically identifies or reflects the business, products and/or services provided by the business occupying the structure, except that business name may be included within a mural with the maximum size of the business name not exceeding a size allowed by the Town’s approved sign code, subject to Parks, Recreation, and Cultural Commission Approval.

4. Design Theme: Murals emphasizing local history, geography, flora, fauna, culture, and heritage of the Town are encouraged; however, all submissions for wall murals are welcome. The design shall be applied by a qualified mural artist as determined by the Parks, Recreation, and Cultural Commission.

5. Sign Area: Wallmuralsshall notbecalculated asbusiness advertising signage and is notsubject to themaximum wallsign area ratio. Murals can occupy an entire single wall on which the mural is applied.

6. Color Scheme: The colors used in the mural signs are encouraged to be complimentary and harmonious with the exterior colors of the building, however all color schemes may be considered.

7. Illumination: Illumination shall conform with the Town’s lighting standards.

Lighting shall be fully shielded or recessed in such a manner as to preclude adverse impacts to adjacent property as a result of light trespass, or to any member of the public who may be traveling on adjacent roadways or right-ofway. Illumination shall not result in any light trespass, as measured at the property line of the subject property.

8. Materials: Paint used in wall murals shall be appropriate for use in outdoor locale and shall be permanent and long-lasting. As feasible, murals shall be

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TOWN OF YUCCA VALLEY – MURAL PROGRAM POLICY
ADOPTED BY TOWN COUNCIL ON FEBRUARY 21, 2023
vandal/graffiti resistant. Wall murals shall not contain electrical or mechanical components, changing images, or automated methods resulting in movement or change of mural image or messaging.

9. Maintenance: Murals shall be maintained or removed if not maintained.

Examples of a mural requiring maintenance include, but are not limited to, paint fading or chipping and damage to the surface of the wall or mural. If the property changes ownership, the new owner is responsible to either remove or maintain the existing mural.

10. Permitting Process: Planning Commission approval shall be required for mural placement and application, and the Parks, Recreation, and Cultural Commission approval shall be required for mural content, design, and artist qualifications.

11. Agreement with the Town: Each Wall Mural Applicant is required to enter into an agreement with the Town, through a mural easement agreement or similar.

The agreement allows the Town to directly regulate the design of the mural.

12. Findings: Prior to approving a Wall Mural application, the Planning Commission shall find and justify that all of the following are true:

A. The proposed mural exhibits exceptional design quality and incorporates high quality material that enhance the overall development and appearance ofthe site and will not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic;
B. The proposed mural is well integrated with the buildings and other elements of the property;
C. The proposed mural, by its design, construction and location, will not have a substantial adverse effect on abutting property or the permitted use thereof, and will contribute to the Town's unique character and quality of life;
D. The proposed mural is consistent with the goals, policies and standardsofthe Town's General Plan and applicable specificplans; E. That the granting the Wall Mural Permit is based upon its distinct quality and does not constitute a grantingofspecial privileges beyond those provided for by criteria provided above.

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TOWN OF YUCCA VALLEY – MURAL PROGRAM POLICY
ADOPTED BY TOWN COUNCIL ON FEBRUARY 21, 2023
Mural Easement and PRCC Public Art Policy
Each mural applicant will be required to enter into an agreement with the Town, through a mural easement or similar tool. The agreement allows the Town to have a financial interest, if the program is ultimately approved by the Town Council, in the mural and allows the Town to regulate the design of the mural.

The PRCC Public Art Policy is directed towards developing a high-quality permanent art collection for the community. Public Art includes art that is displayed for two weeks or more in open Town-controlled area, on the exterior of any Town-maintained facility, within any Town owned facility, and/or in areas designated or commonly regarded as public areas, lobbies, and public assembly areas.

The work of art may include murals. The mural easement agreement would enable the Town to have both a financial interest and regulatory capability on murals. As such, consideration may be provided to the mural program being incorporated into the PRCC Public Art Policy and the PRCC as the reviewing authority for murals.

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Tumbleweed Sanctuary, from the agenda in order to provide additional time for the applicant to address parking requirements.

Result: ( Yes 5, No 0, Abstained 0)
Mover: Commissioner Mathew Thomas
Seconder: Commissioner J Clint Stoker
Ayes: James Henderson, Gerard Noonan, J Clint Stoker, Mathew Thomas, and Alejandro Vasconcelos
Department Reports

7. Wall Mural Permit (M) 02-25, 55922 Twentynine Palms Highway Motion:

That the Planning Commission finds that the project is exempt from CEQA under Section 15301, Class 1, Existing Facilities since the proposed project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing private structure;
And that the Planning Commission approves the placement and application for proposed murals, Wall Mural Permit ( M) 02-25, an application to install murals on the façade of the commercial structure located at 55922 Twentynine Palms Highway, based upon the information contained within the staff report; And that the Planning Commission recommends that the Parks, Recreation, and Cultural Commission review the proposed mural content, design, and artist qualifications.

Result: ( Yes 5, No 0, Abstained 0)
Mover: Commissioner Mathew Thomas
Seconder: Commissioner James Henderson
Ayes: James Henderson, Gerard Noonan, Clint Stoker, Mathew Thomas, Alejandro Vasconcelos
Chair Vasconcelos stated moving on to department reports. Item number seven.

Subject is Wall Mural Permit ( M) 02-25 at 5592 Twentynine Palms Highway. Staff report, please.

Assistant Planner Willoughby stated thank you, chair, and commission. This is the second mural that you've had the opportunity to review. The recommendation is that the Planning Commission finds the project is exempt from CEQA under Section 15301, Class 1, Existing Facilities, since the proposed project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing private structure, and that the Planning Commission approves the placement and application for proposed murals, Wall Mural Permit 02-25, an application to install a mural on the

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facade of the commercial structure located at 55922 Twentynine Palms Highway, based upon the information contained within the staff report. And that the Planning Commission recommends that the Parks, Recreation, and Cultural Commission review the proposed mural content, design, and artist qualifications. This building is at the northeast corner of Cherokee and Highway 62. This is one of the highway-facing sides; this is the south side of the structure that exists today. This is a more corner-facing picture of it, and you can see those existing murals that were installed around 20-plus years ago, and then the west-facing side. This is the east-facing side of that building where the proposed mural is to be located. Here, you can see the proposed improvements, including some flora, fauna. So, you can see a crow or raven, Joshua trees, some desert flowers, and next to that, existing cacti that they have painted. They also have signage where there was some signage previously in a prior business back in 2004, and that is subject to review by the PRCC too.

The findings required from the Planning Commission are as follows. I'll go through the findings themselves. The proposed mural integrates and forms a cohesive theme with the existing murals, exhibiting exceptional design quality and high-quality paint materials to showcase a proposed theme, and will not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic. The proposed mural is well integrated with the building, providing additional elements that further enhance the quality of the facade. The proposed mural will not have a substantial adverse effect on abutting property or the permitted use thereof and will contribute to the town's unique character and quality of life. The proposed mural is consistent with the town's adopted mural policy to encourage murals emphasizing local history, geography, flora, fauna, culture, and heritage of the town, and with creativity and art encouraged in the Old Town Specific Plan. And the granting of this wall mural permit is based upon its distinct quality and does not constitute a granting of special privileges beyond those provided for by the criteria in the town mural policy, which is also attached to the staff report. So once again, recommendation is that the project is exempt from CEQA as a Class 1, that the Planning Commission approves the placement and application of proposed murals, and that the Planning Commission recommends that the Parks, Recreation, and Cultural Commission review the proposed mural content, design, and artist qualifications. And then staff is available to answer questions following public comment.

Chair Vasconcelos stated thank you. Is there anyone in the public who wishes to make any comments on this topic? Anyone online? Close public comment. Bring it back to commissioner comments. We'll go with Commissioner Noonan.

Commissioner Noonan stated I don't have any comments. I think it looks fine to me.

So, I would recommend that we follow the recommendations.

Chair Vasconcelos stated Commissioner Henderson.

Commissioner Henderson stated oh, I think it looks absolutely beautiful. Just a question. So, this applicant is the Joshua Tree National Park Association. Have they always been there? Is that a new location? And then this is going to be their store for

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the association?
Assistant Planner Willoughby stated my understanding is there have been prior uses in this building, churches, and other various retail uses. They have not always been there. I think they've been there for a few years now.

Commissioner Henderson stated alright, thank you.

Chair Vasconcelos stated Vice Chair Thomas.

Commissioner Thomas stated thank you. Yeah, I like the mural. I'm in agreement with my other commissioners here, and I think it looks great.

Chair Vasconcelos stated Commissioner Stoker.

Commissioner Stoker stated I also appreciate the placement, and it was already a mural before. My one question is, you guys mentioned the size of the existing text.

Does the existing text match up with their allowed signage for that face? Assistant Planner Willoughby stated I don't have the exact dimension of that building frontage, but for Old Town Specific Plan building wall signs, the sign ratio is based upon one to two. So, one linear foot of building wall, two square feet of signage is allowed, so.

Commissioner Stoker stated yeah. So, it would conform.

Assistant Planner Willoughby stated yeah, yeah.

Commissioner Stoker stated okay. Cool. Thank you. That's my only question is whether the sign conforms.

Chair Vasconcelos stated all right. Yeah. I too agree. This is a good application. I think that the mural that's painted fits perfectly with the facade of the building and the surrounding areas. And to go along with even the signage aspect of it and the signage that they have on this building, there's very little. In fact, I didn't even know that that's what the sign said on that building because it's so small. So, this is nice. I don't think this should be an issue to get it passed and recommended to the PRCC as well. So can we get a motion for that?

8. Wall Mural Permit (M) 03-25, 55386 Twentynine Palms Highway Motion:

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DRAFT

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DRAFT

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Item: 8.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Evan Willoughby, Assistant Planner, Shane Stueckle, Deputy Town Manager Date: January 7, 2026
Meeting Date: January 20, 2026
Subject: Mural License and Installation and Maintenance Agreement - Wall Mural Permit (M) 03-25
Recommendation:

Prior Review:

There has been no prior Town Council review of this item.

Discussion:

On September 23, 2025, the Town’s Planning Commission approved (Vote 5-0) the placement of Wall Mural Permit No. (M) 03-25, a mural located on the west building wall of the Matson Ambroise Art Gallery building at 55386 Twentynine Palms Highway.

On November 13, 2025, the Town’s Parks, Recreation, and Cultural Commission approved (Vote 4-0) the design, content, and Artist qualifications for Wall Mural Permit No. (M) 03-25 for the mural, pictured below.

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The Town’s adopted Mural Program Policy requires each Wall Mural applicant to enter into an agreement with the Town, through a mural easement agreement or similar, attached to this staff report.

There have been no public comments or written testimony on this matter submitted to staff as of the writing of this report.

Alternatives
N/A
Fiscal Impact:

N/A
Attachments

1. Mural License and Installation & Maintenance Agreement 55386 Twentynine Palms Highway

2. M 03-25 @ 55386 Twentynine Palms Highway - Reid - Application

3. M 03-25 @ 55386 Twentynine Palms Highway - Existing Mural Photo

4. TOWN OF YUCCA VALLEY - MURAL PROGRAM POLICY - ADOPTED FEBRUARY 21, 2023

5. M 03-25 9_23_2025 PC Minutes

6. M 03-25 Draft Minutes - 11_13_2025 PRCC

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MURAL LICENSE AND INSTALLATION & MAINTENANCE AGREEMENT
WALL MURAL PERMIT (M) 03-25 55386 29 PALMS HWY
This MURAL LICENSE AND INSTALLATION & MAINTENANCE AGREEMENT (the Agreement) is made on _________, 2026, by and between Amber Flora Reid Revocable Trust (Owner), Amber Reid (Artist), and the Town of Yucca Valley, a municipal corporation (Town). Owner, Artist, and Town may be referred to, individually or collectively, as Party or Parties.

B. Murals are permitted under the Town’s Mural Program Policy (the Policy), as adopted by the Town Council on February 21, 2023.

D. On September 23, 2025, the Town’s Planning Commission approved Wall Mural Permit No. (M) 03-25, 55386 29 Palms Hwy for a mural at the Property by Artist, which will include one building frontage, as described in greater detail in Exhibit A, Scope of Work (the Mural).

E. On November 13, 2025, the Parks, Recreation, and Cultural Commission approved the design and artist qualifications for Wall Mural Permit No. (M) 03-25, for a mural at the Property by Artist, included in Exhibit A, Scope of Work (the Mural).

Article 1
Definitions

1.1. “Commercial” means words or images used elsewhere in the marketplace for the purpose of promoting a particular business, product, service, cause, place or brand.

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1.2. “Good condition” means that the mural is free of dirt, debris, and any other object or substance interfering with the public’s view of the Mural.

1.4. “Mural” means a picture or representation, in any type of medium, on an exterior surface of a building, structure, fence or garden wall.

Article 2
Owner’s Covenants

2.1. Authorization. Owner covenants that Owner owns the property located at 55386 Twentynine Palms Highway, APN 058610104 (the “Property”), is authorized to permit the Mural’s installation upon the approved façade of the Property, and will permit Artist to do so following this Agreement’s execution.

2.2. Maintenance and Repair. Owner covenants to maintain and repair the Mural during the term of this Agreement so that the Mural is at all times in a state of good condition.

Article 3
Artist’s Covenants

3.1. Installation. Artist covenants to complete installation of the Mural on Building within 60 days after this Agreement’s execution.

Article 4
Term, Termination, and Extension

4.1. Term. This Agreement shall have a term of ten (10) years from the date of execution, unless terminated pursuant to Article 4.

In the event of such termination, Owner may elect to cover or remove those parts of the Mural that have been installed.

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4.3. Town’s Termination. Town may elect to terminate this Agreement without any liability to Artist or Owner if the Mural is not maintained in accordance with Section 7.1.

4.4. Extension. The Parties hereto may mutually agree in writing to extend the term of this Agreement for successive five (5) year periods.

Article 5
Mural Specifications

5.2. Sponsor and Artist Identification. In no event shall the name of a sponsor, a sponsor product likeness, or the Artist’s signature individually comprise more than one (1) percent of the mural.

5.3. Configuration and Dimensions. The Mural shall be of the same configuration and dimensions as the scale rendition approved by the Planning Commission and Owner.

Article 6
Installation

6.1. Time of Installation. Artist shall begin installing the Mural as soon as reasonably practicable after this Agreement’s execution.

6.5. Application for Encroachment Permit. Artist shall determine whether installation of the mural requires an encroachment permit pursuant to Yucca Valley Municipal Code Chapter

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Article 7
Maintenance and Repairs

Article 8
Removal

8.1. Removal by Town. Town may remove the Mural at Owner’s expense if Owner fails to maintain the Mural in good condition as provided in Section 7.1.

Article 9
Insurance and Indemnification

9.2. Indemnification and Coordination. Owner agrees:

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Article 10
Intellectual Property

10.1. Ownership: Town, its successors and assigns, shall own all rights in the mural except as specified below.

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10.4. Third Party Infringement. Artist represents and warrants that the mural is the sole work of the Artist and does not infringe the intellectual property rights of any third parties.

Article 11
Miscellaneous Provisions

11.1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ONE PARTY

TO THIS AGREEMENT BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL,

CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, INCLUDING LOST

PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR ANY

ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER A CLAIM MADE BY THAT PARTY IS BASED ON CONTRACT OR TORT.

11.2. Survival. The provisions contained in Article 10 shall survive the expiration or termination of this Agreement.

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11.5. Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.

11.6. Entire Agreement. This Agreement sets forth the entire agreement between the parties, and supersede all other oral or written provisions.

Neither Party shall have authority to contract for or bind the other in any manner whatsoever.

The Agreement confers no rights upon either Party except those expressly granted herein.

Owner: Amber Flora Reid Revocable Trust
C/O Matthew & Amber Reid
524 Rosecrans Ave
Manhattan Beach, CA 90266
Email: [email protected]
Artist: Amber Reid
524 Rosecrans Ave
Manhattan Beach, CA 90266
Email: [email protected]
Town Town of Yucca Valley
57090 Twentynine Palms Highway

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Yucca Valley, CA 92284
Attn: Town Manager
Email: [email protected]

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4938-6129-5941 v1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.

Owner
Amber Flora Reid Revocable Trust
C/O Matthew & Amber Reid
Artist
Amber Reid
Town
Curtis Yakimow, Town Manager

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4938-6129-5941 v1

EXHIBIT A

SCOPE OF WORK

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TOWN OF YUCCA VALLEY – MURAL PROGRAM POLICY
ADOPTED BY TOWN COUNCIL ON FEBRUARY 21, 2023

TOWN MURAL PROGRAM POLICY

1. Location: Properties within commercial (C-MU, C-N, C-G, C-C, C-O) and Old Town (OTHC, OTI/C, OTMU, OTC/R) zoning districts are eligible to apply for a Wall Mural permit.

2. Maximum Number of Murals Per Site: One (1) mural per building wall may be approved bythePlanning Commission.

6. Color Scheme: The colors used in the mural signs are encouraged to be complimentary and harmonious with the exterior colors of the building, however all color schemes may be considered.

7. Illumination: Illumination shall conform with the Town’s lighting standards.

8. Materials: Paint used in wall murals shall be appropriate for use in outdoor locale and shall be permanent and long-lasting. As feasible, murals shall be

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9. Maintenance: Murals shall be maintained or removed if not maintained.

11. Agreement with the Town: Each Wall Mural Applicant is required to enter into an agreement with the Town, through a mural easement agreement or similar.

The agreement allows the Town to directly regulate the design of the mural.

12. Findings: Prior to approving a Wall Mural application, the Planning Commission shall find and justify that all of the following are true:

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Commissioner Henderson stated alright, thank you.

Chair Vasconcelos stated Vice Chair Thomas.

Commissioner Thomas stated thank you. Yeah, I like the mural. I'm in agreement with my other commissioners here, and I think it looks great.

Chair Vasconcelos stated Commissioner Stoker.

Commissioner Stoker stated I also appreciate the placement, and it was already a mural before. My one question is, you guys mentioned the size of the existing text.

Commissioner Stoker stated yeah. So, it would conform.

Assistant Planner Willoughby stated yeah, yeah.

Commissioner Stoker stated okay. Cool. Thank you. That's my only question is whether the sign conforms.

8. Wall Mural Permit (M) 03-25, 55386 Twentynine Palms Highway Motion:

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And that the Planning Commission approves the placement and application for proposed murals, Wall Mural Permit ( M) 03-25, an application to install murals on the façade of the commercial structure located at 55386 Twentynine Palms Highway, based upon the information contained within the staff report; And that the Planning Commission recommends that the Parks, Recreation, and Cultural Commission review the proposed mural content, design, and artist qualifications.

Result: ( Yes 5, No 0, Abstained 0)
Mover: Commissioner Clint Stoker
Seconder: Commissioner Gerard Noonan
Ayes: James Henderson, Gerard Noonan, Clint Stoker, Mathew Thomas, Alejandro Vasconcelos
Chair Vasconcelos stated moving on to item eight, the second mural, which is the subject Wall Mural Permit ( M) 03-25 at 55386 Twentynine Palms Highway. Staff report, please.

Assistant Planner Willoughby stated thank you, chair, and commissioners. Similar to your last application, this is also a wall mural permit within our Old Town Specific Plan area. The recommendation is that the Planning Commission finds that the project is exempt from CEQA under Section 15301, Class 1, Existing Facilities, since the proposed project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of an existing private structure. And that the Planning Commission approves the placement and application for proposed murals Wall Mural Permit 03- 25, an application to install a mural on the facade of the commercial structure located at 55386 Twentynine Palms Highway, based upon the information contained within the staff report. And that the Planning Commission recommends that the Parks, Recreation, and Cultural Commission review proposed mural content, design, and artist qualifications. This is the existing building. It's kind of at a midpoint. It doesn't have a very close cross street, but it's at the midpoint between Kickapoo and Inca along the north side of Highway 62. It's a relatively small building, currently used as an art gallery. It's my understanding. This is the mural that is proposed from that side of that building. And then this is looking a little bit closer. This mural depicts the musician from the 1970s, Gram Parsons, seated on top of a motorcycle. Just for some historical context, this building was originally a fire station. Later in the '70s, it was utilized as a motorcycle repair and sales shop, a rental shop. And it was across the street from a former Harley-Davidson store. So, there is some context for motorcycles and obviously Gram Parsons in our local history.

So, the findings, I'll read again. Proposed mural integrates and forms a cohesive theme of emphasizing local history, exhibiting exceptional design quality and high-quality paint materials to showcase proposed theme, and will not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic. Proposed mural is well integrated with the building and other elements of the property. The proposed mural will not have a substantial adverse effect on abutting property or permitted use

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thereof and will contribute to the town's unique character and quality of life. The proposed mural is consistent with the town's adopted mural policy to encourage murals emphasizing local history, geography, flora, fauna, culture, and heritage of the town, and with creativity and art encouraged in the Old Town Specific Plan. And the granting of this wall mural permit is based on its distinct quality and does not constitute a granting of special privileges beyond those provided for by the criteria in the town mural policy. Recommendation, once again, is that the Planning Commission finds project exempt as a Class 1 project under CEQA, and that the Planning Commission approves the placement application for proposed murals under Wall Mural Permit 03-25, and that the Planning Commission recommends that the PRCC review the proposed mural content, design, and artist qualifications. And staff is available to answer questions following public comment.

Chair Vasconcelos stated, thank you. Do we have anyone in the public that wishes to make a comment on this issue? Anyone online? All right. Close public comment and bring it back to commissioner comments. We'll go to Commissioner Stoker.

Commissioner Stoker stated, yeah. Overall, I appreciate this mural as well. This mural exists currently? It's not a proposed mural?
Assistant Planner Willoughby stated the mural does exist. So, this was addressed as a matter of code enforcement originally.

Commissioner Stoker stated yeah. So I mean, I don't know if for future agenda items, as opposed to calling it a proposed mural, we can call it something that already exists, that's existing non-conforming, just so everyone understands that we would prefer things to come in while they're still a proposal rather than something existing just as a matter of rule. But other than that, I do appreciate the mural as it is, and I don't see much wrong with it. I do appreciate our history involving Gram Parsons and our continued history with motorcycle rallies and things coming through town. So, I think it's a nice addition.

Chair Vasconcelos stated Vice Chair Thomas.

Commissioner Thomas stated I agree with Commissioner Stoker. I like the mural. You said this is an art gallery now? That's what the business is? Assistant Planner Willoughby stated currently.

Commissioner Thomas stated okay. All right. Yeah. I don't have really any other comments regarding that, so.

Chair Vasconcelos stated, all right thank you. Commissioner Henderson.

Commissioner Henderson stated no, I think it looks really nice. Since it was caught as a code enforcement action, did they plan on doing more? As opposed to just a single motorcycle, it would seem like they would want to do that same theme across the

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wall. Was there plans to do more? Do you know, Evan?
Assistant Planner Willoughby stated, staff has not had that conversation with the applicant. So, I don't have any indication on that.

Commissioner Henderson stated okay. Yeah. Otherwise, I think it's fine, but it just seems like you'd want to continue that across the whole wall, but I'm good with it.

Chair Vasconcelos stated, all right thank you. Commissioner Noonan.

Commissioner Stoker stated, I agree with my fellow commissioners. And first, yeah, are you under the impression that if they do want to do more work, they'll come to you first before they do this and ask for us to approve it after the fact? Assistant Planner Willoughby stated, with any policy that's new, there may be a number of people who don't realize that we have a rule requiring a wall mural permit.

Given that they went through this process, I expect any future murals would go back through this policy prior to being installed.

Commissioner Noonan stated cool. Thank you. All right. That's all I got.

Chair Vasconcelos stated all right. Thank you. And yeah, I too am fine with this application. I think it brings some aesthetics to this facade. It's quite a bit off the highway. So, when driving by, it's a shame it's not maybe closer so that more people could enjoy it. But yeah, I have no issues with this. So can we get a motion for this?

9. Land Development Update
Motion:

That the Planning Commission receives and files the report.

Result: ( Yes 5, No 0, Abstained 0)
Mover: Commissioner James Henderson
Seconder: Commissioner Clint Stoker
Ayes: James Henderson, Gerard Noonan, Clint Stoker, Mathew Thomas, Alejandro Vasconcelos
Chair Vasconcelos stated moving on to land development updates. Item nine.

Associate Planner Jerome stated the recommendation for land development update is to receive and file. We don't have a lot of major updates for this meeting, but there are a couple. Nice Dream Ices tells us that they anticipate to be operating the first week of October, so coming up pretty quick in the next couple of weeks. We've been checking in with Starbucks. They had told us that they anticipated to begin construction in September. They still have another week or so to meet that goal, but we're hoping to hear back from them shortly. And I'm not sure if we've already updated you on this at the last meeting, but we did receive tenant improvement plans

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DRAFT

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DRAFT

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Item: 9.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: January 13, 2026
Meeting Date: January 20, 2026
Subject: On-Call Berm Repair and Replacement Maintenance Services authorization to release a Request For Proposal
Recommendation:

That the Town Council authorizes the release of an RFP for On-Call Berm Repair and Replacement maintenance services.

Prior Review:

On April 1, 2025, the Town Council authorized the release of an RFP for On-Call Berm Repair and Replacement Maintenance Services.

On May, 20, 2025, the Town Council awarded a two (2)-year maintenance service contract to Delta Group, Inc., authorizing the Mayor, Town Manager, and Town Attorney to sign the Town’s standard professional services agreement and related documents, in the not-to-exceed amount of $500,000 for FY 2024/25 and $500,000 and FY 2025/26 for on-call asphalt berm repair and replacement maintenance services, with option to extend the contract for one or two more years.

Discussion:

Town Council awarded the On-Call Berm Repair and Replacement Maintenance Services to Delta Group Inc. on May 20, 2025, in the not-to-exceed amount of $500,000 for FY 2024/25 and $500,000 FY 2025/26.

Following award of the contract, staff made multiple attempts to coordinate and initiate work with the contractor. Despite these efforts, the contractor has not responded to requests for scheduling or mobilization and is currently considered non-responsive. Staff has recently been made aware of circumstances indicating that Delta Group Inc. experienced operational changes that could affect its ability to perform the work as stated in the executed contract. Although no formal contract default has occurred, the information received suggests a potential risk of discontinued services under the contract.

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Given the importance of berm repairs to roadway safety and infrastructure preservation, staff recommends proactively re-bidding on-call berm repair services through a competitive RFP process.

The work consists of installation of asphalt berms. The Town estimates approximately 17 miles of existing asphalt berms, the majority of which are in bad shape. When circumstances warrant, the Contractor will be called to replace worn down or damaged berms. Staff anticipates the contract to be in effect for two years, with an option to extend the contract by three more years, pending the availability of funds.

The preliminary schedule for the RFP process is as follows:
· Release of RFP - Wednesday, January 21, 2026
· Proposal due date - Thursday, February 26, 2026
· Review of Proposals – February 27 – March 6, 2026
· Town Council Meeting – March 17, 2026
Alternatives
No alternatives are recommended.

Fiscal Impact:

There are no fiscal impacts created by the release of the attached RFP, less advertising and circulation costs.

Attachments

1. 1.20.26 RFP On-Call Asphalt Berm Repair and Maintenance Services

2. 4.1.25 TC Meeting Minutes

3. 5.20.25 TC Meeting Minutes

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REQUEST FOR PROPOSALS (RFP)
FOR

ON-CALL ASPHALT BERM REPAIR AND MAINTENANCE SERVICES

TOWN OF YUCCA VALLEY
RELEASED ON January 21, 2026
PROPOSAL DUE DATE: February 26, 2026 3:00 PM

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EFP – ON-CALL ASPHALT BERM REPAIR AND MAINTENANCE SERVICES

REQUEST FOR PROPOSALS TO PROVIDE ON-CALL ASPHALT BERM REPAIR

AND MAINTENANCE SERVICES
The Town of Yucca Valley seeks qualified consultants to provide on-call asphalt berm repair and maintenance services within the town limits of Yucca Valley.

Submittals of Proposals
Four (4) copies of the proposal, One (1) Flash Drive and one (1) copy of fee proposal shall be submitted in two separate sealed envelopes:

1. Envelope one shall contain the proposal responding to this RFP, firm qualifications, and relevant experience. The envelope to contain an electronic copy of the proposal and fees on a flash drive.

2. Envelope two shall contain the fee to provide services for the service proposal and the terms thereof as described in Envelope One, including maximum limits not to be exceeded.

Proposals shall be submitted to:

Lesley Copeland
Town Clerk
Town of Yucca Valley
57090 29 Palms Highway
Yucca Valley, CA 92284
[email protected]
760-369-6585, Ext 224
Proposals shall be submitted no later than 3:00 p.m. on Thursday, February 26, 2026.

Postmarks and late proposals will not be accepted.

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EFP – ON-CALL ASPHALT BERM REPAIR AND MAINTENANCE SERVICES Background
The Town has a need for on-call services for asphalt repair. The intent of this proposal is to identify qualified contractors/firms to perform said work. Equipment and labor prices will be established as a part of this RFP process, along with costs for materials typically required for the work to be performed.

There is no expressed or implied obligation for the Town to reimburse responding contractors/firms for any expenses incurred in preparing proposals in response to this request.

Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt.

Tentative Schedule for RFP and Project
RFP Issued
Pre-Proposal Meeting
Proposal Due Date
Proposals Review Period
Anticipated award date:

January 21, 2026
February 3, 2026 (9:00 AM)
February 26, 2026 (3:00 PM)
February 27 – March 6, 2026
March 17, 2026
The Town reserves the right to waive or modify any of these deadlines prior to the opening of Submitted proposals by duly noticed addendum. Any proposal received after May 1, 2025 at 3:00 pm will be considered non-responsive and returned to the consultant.

Proposal Contact
All consultants may obtain this Request for Proposal from the Town of Yucca Valley website at:
https://www.yucca-valley.org/business/request-for-proposal-rfp. All consultants downloading the Request for Proposal and Qualifications MUST complete all required information on the website to be placed on the consultant’s list in the event that addenda are issued. If assistance is required, please contact Mr. Victor Ledua at the Town of Yucca Valley Engineering Department at (760) 369-6579 Ext. 327.

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EFP – ON-CALL ASPHALT BERM REPAIR AND MAINTENANCE SERVICES SECTION I - Introduction
The Town of Yucca Valley is soliciting Requests for Proposals (RFP) from qualified contractors/firms to assist the Town with on-call asphalt berm repair and maintenance services.

The work consists of on-call repair and maintenance of rolled asphalt berms through the Town.

The berms were damaged due to rainstorm events and wear and tear over the years and were never maintained by the Town due to financial restraints.

The Town recently completed a Townwide Berm Repair and Replacement project which consisted of tying in new asphalt berms to existing berms in locations identified by staff as high priority as well as fulfilling citizen requests related to asphalt berm repair that have been pending for several years. There are numerous locations within Town limits that still need asphalt berms installed to minimize erosion at edge of pavement and earth runoff on to streets. Firms are encouraged to visit the area to review site conditions firsthand.

SECTION II – Scope of Work
The sections below provide the framework for the scope of services required. Any additional information that the vendor wishes to include will be helpful in making our decision.

The successful Contractor/Firm will be awarded contract with an annual "not to exceed amount" and an established price for labor, equipment, and typical materials. Contractor will be asked to provide estimates for individual small maintenance projects based upon these established fees.

Upon occasion, materials required will not be specifically established in the fee schedule. For those materials, the contractor will submit actual costs and be allowed a set mark up as established in the basic contract.

The work shall consist of on-call asphalt berm repair and maintenance and asphalt pavement flatwork. Excavation and removal of asphalt berm and pavement, as well as excess dirt will be needed as part of the asphalt berm repair/maintenance work.

Asphalt concrete utilized in rolled berm construction shall be 3/8” Max E-PG 70-10 as specified in Section 203-1, “Paving Asphalt” and Section 203-6, “Asphalt Concrete” of the 2021 Greenbook Standard Specifications.

Asphalt concrete utilized in asphalt pavement flatwork shall be 1/2“ Max C2-PG-70-10 as specified in Section 203-1, “Paving Asphalt” and Section 203-6, “Asphalt Concrete” of the 2021 Greenbook Standard Specifications.

Rolled berms shall be 6 or 8-inch high as measured from the top of pavement or finish grade and minimum 12-inch wide as measured across the top of the finished berm. The rolled berm shall be constructed of solid asphalt and shall be tacked to the existing roadway pavement. Pavement shall be cleaned prior to tacking. The installation method for the rolled berms shall be handwork.

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EFP – ON-CALL ASPHALT BERM REPAIR AND MAINTENANCE SERVICES Asphalt pavement flatwork will be needed in certain areas to provide sufficient leveled surface to install asphalt berms. Staff will indicate areas where flatwork will be needed. Asphalt pavement thickness for flatwork shall be 4” thick.

The established price shall be based on a per linear foot/square foot cost for labor, equipment, and typical materials used for the work.

Contractor will be asked to provide estimates for individual small maintenance based upon these established fees. On occasion, materials will be required that are not specifically established in the fee schedule. For those materials, the contractor will submit actual costs prior to conducting the work and will be allowed a markup as established in the basic contract.

General Work Requirements
• All work shall be completed per the most recent version of the Standards for Public Works Construction and the Town of Yucca Valley Standards.
• Contractor shall possess a valid Class A or C12 Contractor' s License. • Contractor must obtain and maintain in effect during the term of this Agreement, a valid Town of Yucca Valley Business Registration Certificate prior to commencement of work. • Contractor shall furnish all labor and materials to complete this necessary project. Contractor shall provide traffic control where necessary per MUTCD guidelines. • Contractor shall keep the site clean and safe at all times. • Contractor shall be responsible for the removal of all asphalt, dirt, and debris generated by any project at the Contractor's expense.
• Contractor shall be responsible to repair any incidental damage caused to the City' s infrastructure.
• Contractor shall be responsible for preventing the general public from entering any work location.
• Any vandalism or disruption to work areas shall be corrected by the Contractor at his/ her expense.
• Contractor shall provide all necessary personnel, instruments, equipment, and materials to perform the described services.

The Contractor shall respond to individual calls for service within ten ( 1 0 ) working days.

The Work will then be scheduled by mutual agreement and be completed within the time agreed upon for each specific item of work. Failure to promptly respond or to complete the work in a timely manner shall give cause for termination of the agreement.

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EFP – ON-CALL ASPHALT BERM REPAIR AND MAINTENANCE SERVICES SECTION III – Proposal Requirements
Consultant Proposal Envelope “A” (maximum 10 pages)
The technical proposal shall contain the following information:

A project approach for all work describing how the consultant and any proposed subconsultant plans to accomplish the tasks described, including an estimate of the level of effort (man-hours) to be expended. This project approach should demonstrate a clear understanding of the required scope of services.

A discussion of the proposed project schedule for each phase of the project and what methods your firm will use to meet the proposed schedule. Included in this discussion should be a description of the capacity of your firm to perform the subject project within a required timeframe. • The names of the consultant’s staff to be assigned to this project, their proposed duties, and their relative experience. Any specialized experience of the firm and its personnel, relative to the required scope of services, should be mentioned here. • Description of similar projects, a maximum of three, recently performed by your firm.

References must be submitted for each project, including the name and telephone number of a current contact familiar with your performance on the identified project. Reference should be able to verify such things as, but not limited to, completion of a quality product, in a timely manner, and within budget constraints. The Town would prefer projects in which the proposed team members had direct participation
• Provide two (2) client references within the past two (2) years, including contact name, firm or agency, phone number, email and brief summary of services provided. The Town is especially interested in references that can attest to the Respondent’s ability and performance in similar work with similar organizations and similar scope of services. • Any requested modifications to the Town’s standard agreement (copy enclosed), or a statement that there will be no exceptions.
• Full disclosure of other client relationships that could present possible conflicts of interest or affect the proposed project.
• Physical location of the consultant’s office.

Cost Proposal Envelope “B”
A complete Standard Pricing Fee Schedule (includes all Labor, Equipment, Materials, Disposal), including a Per Linear Foot cost for asphalt berm installation

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EFP – ON-CALL ASPHALT BERM REPAIR AND MAINTENANCE SERVICES SECTION IV – Selection Criteria
The following selection criteria will be used in evaluating the proposals and selecting the successful consulting firm. This criterion is not listed in any order of priority.

Originality, soundness and matter of completeness in which the proposed project approach is presented in the proposal.

Of significance is the timeline for the design, the ability to commence work immediately, and completing the plans and specifications in a timely matter within the current workload of the firm.

The qualifications and experience of key personnel to be assigned to the project.

The firm’s specialized experience and qualifications. Community relations of the firm including sensitivity to citizens concerns, and other considerations that may be related to this project.

Possible conflicts of interest of other client relationships that may negatively affect the project.

Quality of work previously performed, and record of their firm in accomplishing their work on schedule, within budget allocations, and providing project cost estimates.

Accessibility to the office of the consultant with the primary responsibility assignment.

Selection will be performed by the Town Consultant Committee. The Committee may decide to interview several consultants before making a choice. The recommended consultant shall be submitted to the Town Council for final approval.

Arrangements for compensation will be negotiated, if necessary, after the consultant is selected.

The consultant shall enter into a formal agreement with the Town for the services to be rendered.

A sample agreement is enclosed for your review.

The Consultant shall carefully review the agreement, especially in regard to the indemnity and insurance provisions, and include with the proposal a description of any exceptions requested to the standard agreement. If there are no exceptions, a statement to that effect shall be included in the proposal.

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EFP – ON-CALL ASPHALT BERM REPAIR AND MAINTENANCE SERVICES SECTION V – Additional Information
Indemnification:

Contractor shall indemnify, protect, defend and hold harmless the Town, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or cost of any kind, whether actual alleged, or threatened, including attorneys’ fees and costs, court costs, interest, defense costs and expert witness fees) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or sub-contractor of contractor.

Independent Contractor:

While engaging in carrying out and comply with the terms and conditions of the duties outlined in this RFP, the Contractor is an independent contractor, and not an officer, agent or employee of the Town of Yucca Valley. The personnel performing services shall at all times be under the Contractor’s exclusive direction and control and shall be employees of Contractor and not employees of the Town of Yucca Valley. The Contractor shall pay all wages, salaries and other amounts due its employees in connection with the Agreement and shall be responsible for all reports and obligations respecting them, including, but not limited to Social Security, income tax withholding, unemployment compensation, worker’s compensation insurance, state disability insurance and all similar matters.

All services to be rendered under the Agreement by the Contractor shall be subject to the control of the Town. Contractor shall advise the Town of matters of importance and make recommendations when appropriate; however, final authority shall rest with the Town.

Term of Agreement:

The Agreement awarded to the successful contractor under this RFP shall be for a period of two (2) years, and may be extended for an additional two years upon the mutual consent of both parties.

Termination:

The Town of Yucca Valley, or the contractor, may terminate this agreement at any time during the term, upon thirty (30) days prior written notice to the other party without further liability.

Other:

This Request for Proposal does not commit the Town to award a contract, or to pay any costs incurred in the preparation of the proposal. The Town reserves the right to extend the due date for the proposal, to accept and reject any or all proposals received as a result of this request, to negotiate with any qualified consultant, to cancel this Request for Proposal in part or in its entirety, and to procure alternate or additional consulting services. The Town may require the selected

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EFP – ON-CALL ASPHALT BERM REPAIR AND MAINTENANCE SERVICES consultant to participate in negotiations and to submit such technical fee, or other revisions of their proposals as may result from negotiations.

It is the responsibility of the bidder to inquire about any requirement of this RFP that is not understood. Responses to inquiries, if they change or clarify the RFP in a substantial manner, will be forwarded by addenda to all parties that have received a copy of the RFP. The Town will not be bound by oral responses to inquiries or written responses other than addenda. Inquiries about the RFP must be made to:

Alex Qishta, P.E.

Public Works Director
Town of Yucca Valley
58928 Business Center Drive
Yucca Valley, CA 92284
(760) 369-6579 x307
[email protected]

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8 PROPOSER’S BID CERTIFICATION FORM
To Whom It May Concern: I have carefully examined the Request for Proposal and any other documents accompanying or making a part of this Request for Proposal. I hereby propose to perform the following prices as specified in this Asphalt Berm Repair and Maintenance Services Request for Proposal at the rates described on APPENDIX A. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service; no officer employee or agent of the Town of Yucca Valley or any other proposer is interested in said proposal; and that the undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. It is distinctly understood that the Town Council of Town of Yucca Valley reserves the right to reject any or all proposals.

Name of Firm: _________________ Federal Tax ID: _____________________ Authorized Signatures: _________________________________________ Phone: _______________________________________________________ Name and Title of: _____________________________________________ Mailing Address: ______________________________________________ City, State, Zip Code :___________________________________________ Email: _______________________________________________________

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EFP – ON-CALL ASPHALT BERM REPAIR AND MAINTENANCE SERVICES APPENDIX A –ASPHALT BERM REPAIR AND MAINTENANCE FEE SCHEDULE Work Description Unit Unit Price
1 Construct 6” Asphalt Berm (Remove and Replace) L.F. $ 2 Construct 8” Asphalt Berm (Remove and Replace) L.F. $ 3 Asphalt Pavement Flatwork (4” Remove and Replace) S.F. $ *Unit price to include Mobilization, Erosion Control, Traffic Control, and travel time.

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EFP – ON-CALL ASPHALT BERM REPAIR AND MAINTENANCE SERVICES APPENDIX B – ON-CALL ASPHALT BERM REPAIR AND MAINTENANCE

SERVICES CONTRACT AGREEMENT

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SAMPLE
RIV #4846-1017-2118 v1 // 2021 (August 2023) REG-LIA-INS

AGREEMENT FOR ON-CALL ASPHALT BERM REPAIR AND

MAINTENANCE SERVICES
By and Between

TOWN OF YUCCA VALLEY
and
________________________________

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SAMPLE
RIV #4846-1017-2118 v1 // 2021 (August 2023) Page | 1

AGREEMENT FOR SERVICES

BETWEEN THE TOWN OF YUCCA VALLEY AND
___________________________
THIS AGREEMENT FOR ON-CALL SERVICES (herein “Agreement”) is made and entered into this ____ day of ________, 20___, by and between the Town of Yucca Valley, a general law city (“Town”) and ________________, _________________ (“Consultant”). Town and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

RECITALS
A. Town has sought, by Request for Proposal (RFP), 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 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.

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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.

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.

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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. In the event of a conflict between the provisions of any other Exhibits and any provisions of this Agreement, the provisions of this Agreement shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.0 Prevailing Wage.

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Town shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Town, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

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________________ Dollars ($______) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

2.1.1 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 servicesless 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. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Consultant's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of three (3) years after final payment under the Agreement.

2.1.2 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officerin 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.

2.1.3 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.

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.

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2.1.4 Waiver.

Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

2.2 PERFORMANCE SCHEDULE

2.2.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

2.2.2 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.

2.2.3 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 or pandemics, 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 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.

2.2.4 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 five (5) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

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2.3 COORDINATION OF WORK

2.3.1 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:

(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.

Consultantshall 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, immediately upon reassign notice from Town of such desire of Town, reassign such person or persons.

2.3.2 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.

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2.3.3 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 Officershall 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.

2.3.4 Independent Consultant.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of Town. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. 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. Consultant shall have no authority to bind Town in any manner, nor 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.
(b) Consultant shall perform all Services 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 be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control.

Any terms within this Agreement regarding Town directives apply to an concern the result of Consultant’s provision of service and not the means, methods, or scheduling of the Consultant’s work. Neither Town, nor any elected or appointed boards, officers, officials, employees or agents of Town, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. 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.
(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any privileges or 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 benefits, privileges or rights.

2.3.5 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, 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

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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.

2.4 INSURANCE, INDEMNIFICATION AND BONDS

2.4.1 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).

Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required 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. The Town shall be named additional insured.
(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.

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(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. (h) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Town requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Town.

2.4.2 General Insurance Requirements.

The Town, its officers, officials, employees, and volunteers shall be named additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

If the deductible or self-insured retention exceeds $10,000.00, 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.

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

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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.

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.

Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer.

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.

2.4.3 Indemnification.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless Town and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless Town, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in

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part, the performance of this Agreement by Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant. (c) Indemnification from Sub-Consultants. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subConsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of Town to monitor compliance with these requirements imposes no additional obligations on Town and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Town as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
(d) Town’s Negligence. The provisions of this section do not apply to claims occurring as a result of Town’s sole negligence. The provisions of this section shall not release Town from liability arising from gross negligence or willful acts or omissions of Town or any and all of its officials, employees and agents.

2.4.4 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.

2.5 RECORDS, REPORTS, AND RELEASE OF INFORMATION

2.5.1 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.

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2.5.2 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.

2.5.3 Ownership of Documents.

Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant (collectively, “Documents”) under this Agreement are Town’s property. Consultant may retain copies of such Documents as desired but will deliver all original materials to Town upon Town’s written notice. Town agrees that use of Consultant’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at Town’s own risk. Consultant warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Consultant understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to Town and representing it as Consultant’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, Town specifically rejects ownership of such Documents. Consultant is required to indemnify and defend Town to the fullest extent allowed by applicable law should it violate this Section.

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.

All Final Work Product developed by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of Town and may be used, reused or otherwise disposed of by Town without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to Town all such Final Work Product if paid for by the Town. This

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provision specifically excludes Consultants’ work notes and drafts, which are owned by Consultant, not Town.

2.5.4 Confidentiality and Release of Information.

2.5.4.1 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.

2.5.4.2 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.

2.5.4.3 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.

2.5.4.4 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 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.

2.6 ENFORCEMENT OF AGREEMENT AND TERMINATION

2.6.1 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.

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2.6.2 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.

2.6.3 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 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.

2.6.4 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.

2.6.5 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.

2.6.6 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

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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.

2.6.7 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 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.

2.6.8 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.

2.6.9 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.

2.7 TOWN OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

2.7.1 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 which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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2.7.2 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.

2.7.3 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.

2.7.4 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.

2.8 MISCELLANEOUS PROVISIONS

2.8.1 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.

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2.8.2 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.

2.8.3 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.

2.8.4 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.

2.8.5 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 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.

2.8.6 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 APPLICABLE TO
CONTRACTOR’S BUSINESS ENTITY.

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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

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)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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EXHIBIT “A”
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SCOPE OF SERVICES
I. Consultant will perform the following Services:

A. On-Call Asphalt Berm Repair and Maintenance Services as described in Consultant's proposal (Exhibit “A-1”)
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the Town:

A. Each task shall be indicated by a written request produced by the Contract Officer with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.

B. Contractor must prepare a written description of the requested tasks including all components and subtasks; and a schedule for completion of the task ("Task Completion Date"); which shall all collectively be referred to as the "Task Proposal".

C. Contract Officer shall in writing approve, modify or reject the Task Proposal and may issue a Notice to Proceed.

D. The task shall be performed at a cost not to exceed the Task Budget.

E. Contractor shall complete the task and deliver all task paperwork to Contract Officer by the Task Completion Date.

III. 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.

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SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

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EXHIBIT “C”
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SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:

TASK RATE TIME SUB-BUDGET
A.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.

IV. 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.

V. The total compensation for the Services shall not exceed $______ as provided in Section 2.1 of this Agreement.

VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

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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. On-Call Asphalt Berm Repair and Maintenance Services III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

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Item: 10.

Town Project No.8061 – : Senior Center Roof Replacement Project - Change Order #1 and #2 Recommendation:

Prior Review:

On August 19, 2025, the Town Council adopted Resolution No. 25-19, approving the specifications for Project No. 8061, the Senior Center Roof Replacement Project, and authorized the Town Clerk to advertise and receive bids.

On November 4, 2025, the Town Council,
• Approved the award of a construction contract with Letner Roofing Company, in the amount of $187,000.00 to construct Senior Center Roof Replacement; • Authorized construction, construction contingencies, and inspection costs in the total amount of $240,000.00; and
• Authorized the Mayor, Town Manager, and Town Attorney to execute the agreement, and authorized the Town Manager to expend contingency funds, if necessary, for project completion.

Discussion:

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The change orders include additional scope related to the roof replacement work for the Senior Center, which includes the installation of PVC roof décor profile, flashing, riglet, and counterflashing at stucco, and stucco rear and painting to match existing.

The Senior Center Roof Replacement Project consists of removing and disposing of the existing roof system and installing an adhered thermoplastic (PVC) felt-backed membrane system. The current roof system has exhausted its useful life and replacement is needed to avoid any water leaks. The installation of counterflashing where the roof meets the stucco is required to prevent water intrusion at this transition point. Counterflashing directs water away from the wall-roof interface, reducing the risk of leaks and extending the service life of the PVC roofing system.

Staff reviewed the proposal submitted by the contractor to perform the extra work, and all items identified within these change orders have been reviewed and recommended by the Public Work Department/Engineering Division.

The extra work will not delay the project completion date which is currently identified for end of February 2026.

Alternatives
No alternatives are recommended by staff. The recommended action is necessary for the project to move forward.

Fiscal Impact:

The FY2025-26 CDBG Special Revenue Fund 560 Amended Budget allocates a total of $395,936 towards the Senior Center Improvement Project No.8061.

The overall cost of the improvement work breakdown is as follows:

Total Construction Estimated Cost:

Description Cost
Bid Amount $187,000.00
Contingency $ 43,000.00
Change Order #1 $ 44,506.48
Change order #2 $ 21,809.41
Inspection and Testing $ 10,000.00
Total Construction Estimated $253,315.89
Attachments

1. CO#1 PROVIDE AND INSTALL DECOR

2. CO#2 Flashing at Wall

3. Resolution 26-XX

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CHANGE ORDER
PRICING # 9301-1 Est. 1957
Lic. No. 689961
Item No. Description Amount

SENIOR CENTER ROOF PROJECT
JOB:

Change Order Type
Status

CHANGE IN CONTRACT SCOPE

PENDING
Provide & Install Decor
10/23/2025
8061
Brief Description
Submitted Date
Accepted Date
To: Owner/Arch Reference #
58928 BUSINESS CENTER DRIVE,
YUCCA VALLEY, CA, 92284
Phone: Fax:

TOWN OF YUCCA VALLEY
Approved CO NO
1490 N GLASSELL STREET
ORANGE, CA 92867
Phone: 714-633-0030 Fax: 714-633-0280
JOB NO: 9301
Qty/Unit Unit Cost
Per Yucca Valley’s request, Letner Roofing is pleased to provide the following proposal to supply and install
Sarnafil Décor to mimic the appearance of a standing
seam roof. This system will be installed in accordance
with manufacturer specifications and project
requirements to achieve the desired architectural
aesthetic while maintaining a watertight and durable
roofing system.

Pricing includes all necessary materials, labor, and
coordination required for a complete installation.
1 SARNAFIL Decore V2 (25PCS/TUBE) 250FT tube 19.00 $438.75 $8,336.25 2 DECOR PROFILE UNIVERSAL PLUGS (25 PER BAG) 19.00 bag $7.50 $142.50 3 Foreman Labor hr 60.00 $110.59 $6,635.40
4 Labor hr 180.00 $99.11 $17,839.80
5 Roofers - COM -Subsistance mday 30.00 $150.00 $4,500.00 C.O. Bond %1.50 $581.26
C.O. Overhead & Profit %15.00 $5,729.38
Tax %8.75 $741.89
Approved by:
$231,506.48
Approved Change Orders to Date ...................................................................................................

Contract Sum including this Change Order .....................................................................................

Contract Sum prior to this Change Order ........................................................................................

Contract Sum increased/(decreased) by this Change Order ............................................................

Original Contract Sum .................................................................................................................... $44,506.48
$187,000.00
$187,000.00
$
$
$
$
$

0.00 Pending Change Orders .................................................................................................................$ 44,506.48 Signature: Date: Signature: 10/23/2025 Date:

Submitted by: EDWARD SANCHEZ

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CHANGE ORDER
PRICING # 9301-4 Est. 1957
Lic. No. 689961
Item No. Description Amount

SENIOR CENTER ROOF PROJECT
JOB:

Change Order Type
Status

CHANGE IN CONTRACT SCOPE

PENDING
Flashing at Walls
1/9/2026
8061
Brief Description
Submitted Date
Accepted Date
To: Owner/Arch Reference #
58928 BUSINESS CENTER DRIVE,
YUCCA VALLEY, CA, 92284
Phone: Fax:

TOWN OF YUCCA VALLEY
Approved CO NO
1490 N GLASSELL STREET
ORANGE, CA 92867
Phone: 714-633-0030 Fax: 714-633-0280
JOB NO: 9301
Qty/Unit Unit Cost
Per Yucca Valley’s request, Letner Roofing is pleased to provide the following proposal to supply and install
flashing at stucco to reflect detail 3.4 provided by
manufacture. This will provide a no maintenance fully
warrantable by manufacture warranty, at approximately
300 feet of areas with no turn up manufacture requires 8" minimum turn up.

Scope of work: Demolition of stucco, install new riglet and counterflashing, patch stucco, paint to match
existing.
1 Demo hr 30.00 $99.11 $2,973.30
2 Install Reglet and Counterflashing hr 28.00 $112.53 $3,150.84 3 Patch hr 36.00 $99.11 $3,567.96
4 Paint to Match hr 16.00 $99.11 $1,585.76
5 Subsistance mday 20.00 $150.00 $3,000.00
6 Reglet bndl 2.00 $755.00 $1,510.00
7 Springlock flashing bndl 2.00 $800.00 $1,600.00
8 Rapid Set 50 lbs. Stucco Patch ea 10.00 $30.83 $308.30 9 Primer and Paint 5GAL 5gal 2.00 $160.00 $320.00
10 2.5 Metal Lath GAL. ea 2.00 $15.31 $30.62
11 1/2" CDX Plywood ea 8.00 $36.98 $295.84
Tax %9.50 $386.15
C.O. Bond %1.50 $271.32
C.O. Overhead & Profit %15.00 $2,809.32
Approved by:
$208,809.41
Approved Change Orders to Date ...................................................................................................

Contract Sum including this Change Order .....................................................................................

Contract Sum prior to this Change Order ........................................................................................

Contract Sum increased/(decreased) by this Change Order ............................................................

Original Contract Sum .................................................................................................................... $21,809.41
$187,000.00
$187,000.00
$
$
$
$
$

0.00 Pending Change Orders .................................................................................................................$ 78,942.14 Signature: Date: Signature: 01/09/2026 Date:

Submitted by: EDWARD SANCHEZ

Page 126 of 266 ends

Page 127 of 266 ends

RESOLUTION NO 26-XX

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, AMENDING THE FY 2025-26 CDBG FUND BUDGET BY APPROPRIATING $70,000 TO BE

ALLOCATED TO THE ADDITIONAL CONSTRUCTION COSTS FOR THE SENIOR CENTER ROOF REPLACEMENT PROJECT NO. 8061
WHEREAS, the Town Council adopts an annual budgets for providing services to the community; and
WHEREAS, from time to time it is necessary to amend the budget to reflect ongoing projects, trends and modifications to services and projects as they are implemented; and WHEREAS, the Town Council desires to move forward with the construction of the Senior Center Roof Replacement Project - Town Project 8061.

NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, RESOLVES AS FOLLOWS.

SECTION 1. The Town Council appropriates $70,000 from the FY 25-26 CDBG Fund Budget to Project No. 8061 Senior Center Roof Replacement Project.

APPROVED AND ADOPTED THIS 20th Day of January 2026.
____________________________________
MAYOR
ATTEST:
____________________________________________

TOWN CLERK
APPROVED AS TO FORM:
____________________________________________

TOWN ATTORNEY

Page 128 of 266 ends

Item: 11.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Jordan Gumbish, Finance Manager
Date: January 13, 2026
Meeting Date: January 20, 2026
Subject: Treasurer's Report for the Quarter Ending December 31, 2025 Recommendation:

Receive and file the Treasurer’s Report for the second quarter of FY2025-26.

Prior Review:

None.

Discussion:

The investment policy and Town Code of the Town of Yucca Valley requires that quarterly Treasurer’s reports be filed with the Town Council. The attached Treasurer’s Report is for the Second Quarter of FY2025-26.

Alternatives
Fiscal Impact:

None.

Attachments

1. Treasurers Report December 31, 2025

Page 129 of 266 ends

Market Percent of Maturity
Institution/Investment Value Portfolio Yield Date
Pacific Western-Checking Acct $ 8,384,078 15.01% 0.00% Liquid Local Agency Investment Fund (LAIF) 9,530,990 17.06% 4.03% Liquid Pac Western-Successor Agency 331,631 0.59% 0.00% Liquid Pacific Western Money Market Account 18,565,783 33.23% 4.22% Liquid Chandler Asset Mgmt Portfolio 11,483,447 20.56% 4.26% Liquid to 5/15/27 Chandler Asset Mgmt Portfolio - D/S 7,566,065 13.54% 4.13% 12/31/2026 Petty Cash 3,390 0.01% 0.00% Liquid
Total Cash & Investments $ 55,865,384 100.00% 3.52%
Jordan Gumbish
Finance Manager
Town of Yucca Valley
Treasurer's Report
As of December 31, 2025

2.00%

2.50%

3.00%

3.50%

4.00%

4.50%
RETURN

INVESTMENT PORTFOLIO PERFORMANCE
Portfolio Return 90 Day T-Bill
2025
I certify that to the best of my knowledge, this report accurately reflects all pooled investments, and is in conformity with the Town's investment policy revised on June 21, 2022, which complies with the California Government Code. A copy of this investment policy, along with the supporting banking and investment statements, is available in the office of the Town Clerk.

All investment actions executed since the last investment report have been made in full compliance with the Investment Policy.

This investment program provides sufficient cash flow liquidity to meet the next six months of budgeted expenditures.

Page 130 of 266 ends

Item: 12.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Iryna Hess, Accounting Technician
Date: December 15, 2025
Meeting Date: January 20, 2026
Subject: AB1234 Reporting Requirements
Recommendation:

Receive and file the AB1234 Reporting Requirement Schedule for the month of December 2025.

Prior Review:

Current reimbursement policy for Council members and Successor Agency members reviewed and approved by Council August 2006.

Discussion:

AB1234 requires members of a legislative body to report on “meetings” attended at public expense at the next meeting of the legislative body. “Meetings” for purpose of this section are tied to the Brown Act meaning of the term: any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains. Qualifying expenses include reimbursement to the member related to meals, lodging, and travel.

An example of when a report is required is when a Town Council member represents his or her agency on a joint powers agency board and the Town pays for the official’s expenses in serving in that representative capacity. Additionally, in the spirit of AB1234, the Yucca Valley Town Council also reports all travel related to conference and training attended at public expense.

Although the AB1234 report can be either written or oral, this report must be made at the next meeting of the legislative body that paid for its member to attend the meeting.

Alternatives
None

Page 131 of 266 ends

Fiscal Impact:

There is no anticipated financial impact associated with the recommended approval of AB1234 reporting requirements.

Attachments

1. AB1234 December 2025

Page 132 of 266 ends

Date of Travel Organization Description Location
Mayor Merl Abel
No reportable meetings
Mayor Pro Tem Jim Schooler
No reportable meetings
Council Member Rick Denison
No reportable meetings
Council Member Jeff Drozd
No reportable meetings
Council Member Robert Lombardo
No reportable meetings
Town of Yucca Valley
Council Member AB1234 Meeting Schedule
December 2025

Page 133 of 266 ends

Item: 13.

Receive and file the AB1234 Reporting Requirement Schedule for the month of November 2025.

Prior Review:

Current reimbursement policy for Council members and Successor Agency members reviewed and approved by Council August 2006.

Discussion:

Although the AB1234 report can be either written or oral, this report must be made at the next meeting of the legislative body that paid for its member to attend the meeting.

Alternatives

Page 134 of 266 ends

None
Fiscal Impact:

There is no anticipated financial impact associated with the recommended approval of AB1234 reporting requirements.

Attachments

1. AB1234 November 2025

Page 135 of 266 ends

Date of Travel Organization Description Location
Mayor Jeff Drozd
11/13/25
Mojave Desert and Mountain
Recycling Authority JPA Board Meeting Victorville, CA
Mayor Pro Tem Merl Abel
No reportable meetings
Council Member Rick Denison
11/05/25 SBCTA Board of Directors Meeting San Bernardino, CA 11/05/25 SCAG Executive/Administration Committee Los Angeles, CA 11/06/25 SCAG
Energy and Enviroment Committee
Meeting
Los Angeles, CA
11/06/25 SCAG Regional Council Meeting Los Angeles, CA
11/20/25 City of Orange Community group meeting on parking management strategies
Orange, CA
Council Member Jim Schooler
No reportable meetings
Council Member Robert Lombardo
No reportable meetings
Town of Yucca Valley
Council Member AB1234 Meeting Schedule
November 2025

Page 136 of 266 ends

Item: 14.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Iryna Hess, Accounting Technician
Date: December 15, 2025
Meeting Date: January 20, 2026
Subject: Ratification of Warrant Registers
Recommendation:

Ratify the Payroll Registers totaling $340,806.43 dated December 05, 2025, and $308,432.90 dated December 19, 2025.

Ratify the Warrant Registers totaling $926,630.44 dated December 05, 2025, $58,455.64 dated December 15, 2025, and $1,821,154.37 dated December 19, 2025.

Prior Review:

None for this item.

Discussion:

The attached Warrant Registers lists the warrants that have been paid for the periods identified above. The Finance Department certifies that to the best of staff’s knowledge and review, the listed warrants were drawn in payment of demands conforming to the adopted budget and that these demands are being presented to the Town Council for ratification.

Alternatives
None for this item.

Fiscal Impact:

The warrants presented were drawn in payment of demands included within the adopted budget.

Attachments

1. Payroll Register - December 05, 2025

2. Payroll Register - December 19, 2025

3. Warrant Register 12.05.2025.

4. Warrant Register 12.15.2025.

5. Warrant Register 12.19.2025.

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Page 138 of 266 ends

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Page 141 of 266 ends

Page 142 of 266 ends

Check # Name Description Check Amount
Town of Yucca Valley Page: 1
Warrant Register from 12/05/2025 to 12/05/2025
0065822 Advanced Imaging Solutions Copier Leases, 10/01/2025-12/31/2025 5,521.35 0065823 AIS 10/25 Copy Charges per Lease; Contract Overage Charge for 01.01.25-09.30.25
1,331.44
0065824 AIS 11/25 Copy Charges per Lease 816.65
0065825 AIS Kip 740C Color Wide Format Plotter 31,185.04 0065826 AIS Monthly Maintanence Supply for KIP Plotter @ Engineering Dept, 11/17/25-12/16/25
116.80
0065827 Haley Allanbeck Contract Event Staffing YB Outreach 100.00 0065828 GREGORY ALLEN REX Invoices 9717, 9777 2,538.00
0065829 Arthur Ramirez Gutierrez Invoices 111225, 111325 210.00 0065830 AT&T MOBILITY Cell Phone Service 435.71
0065831 AVALON URGENT CARE INC Invoices 29685, 29688, 29716, 29755, 29762, 29763, 29764, 29857, 29904, 29905, 29906, 29907,
29909, 29910, 29911, 30094, 30143, 30239, 30296
1,420.00
0065832 Dena Bates Senior Benefit Assistance Program 140.00 0065833 Be CARB Compliant Report Equipment in DOORS Online Reporting System
352.00
0065834 Lara Bennett Invoices Nov-25, Nov-25 , Nov-25 100.80 0065835 Bo Qing Tang YVFF Best Movie Poster Winner 50.00 0065886 Borjon Auto Center 2026 GMC Sierra K2500, VIN
1GT4UME78TF172023
62,776.19
0065836 DEBRA BREIDENBACH-STERLING Invoices Reimbursement, Reimbursement 190.88 0065837 Brian Knappmiller YVFF Best Documentary Winner 150.00 0065838 Caleb Garrett YVFF Best Visual Art Winner 100.00 EFT Capitol Advocacy LLC 11/2025 Professional Services 10,000.00

EFT CARL OTTESON'S CERTIFIED

BACKFLOW TESTING
Invoices 8985, 8988 230.00
0065839 Cart Retrieval, Inc. 10/2025 Town-Wide Shopping Cart Retrieval Services
1,150.00
EFT CDW GOVERNMENT Monitors for AS/AC and IT Closet 257.93 EFT Charter Communications Cable/Fiber Services 4,151.00 EFT CivicPlus LLC Annual License Renewal for Recreation Software, 12/02/2025-12/01/2026
7,293.04
0065840 CoachDeck Basketball Training Supplies 159.50
0065841 COPPER MOUNTAIN COLLEGE YBL Gym Rental 330.00
0065842 Dahlin Group, Inc. YV Aquatic Center Project Services, thru 10/31/2025 7,900.00 0065843 BROOKE DUDRA Travel Expense Reimbursement, New Law Clerk Conference, 11.11.25-11.14.25

22.18 EFT Electryon Tech LLC/dba JackrabbitGo.com Internet Service @Founders Plaza; Additional Wifi Router Suply
129.00
EFT Electryon Tech LLC/dba JackrabbitGo.com WiFI Router 115.00 0065844 Employment Development Department UI Benefit Charges, account ID 932-0490-7 1,299.00 0065845 Sharon Fain Contracted Instructor, Slow Poke Hiking Class 2.10 0065846 FIre Protection Service Corporation dba
Pye-Barker Fire & Safety
Refund for Business Registration Fee Overcharge 51.00
0065847 First American Data Tree, LLC Monthly Subscription for Property Info Website 100.00 0065848 Frank Blake YVFF Best Director Winner 250.00
0065849 Gold Mountain California News Media, Inc. Invoices 64604, 65658 1,285.83 EFT Governmentjobs.com, Inc. Annual Govermentjobs.com Subscription, 01/17/2026-01/16/2027
5,691.08
0065850 Graham Bishop YVFF Best Trailer Winner 50.00
0065851 GUY WULF Invoices 111225, 111325 210.00
0065885 HDEAA Nonprofit Corp Adult & Pediatric CPR/First/AED 1,480.00 EFT Hermann Design Group, Inc. State Highway 62 Improvements, Oct 2025 14,003.50 0065852 Hi-Desert Metal & Gas Supply Maintenance Equipment 30.02 0065853 Hi-Desert Water District Water Supply Service 3,849.90 EFT HMC Group dba HMC Architects 10/25 YV Aquatic Center Project - prop 68 40,000.00 0065854 Homes by Platinum Refund for Business Registration Fee Overcharge 51.00 EFT Honeywell International Inc. PO26-10192, Community Center HVAC Project 95,160.77 EFT Impact Sciences, Inc. CEQA for Dutch Bros, Project #1590.003, Oct 2025 14,437.40 0065855 James McCubbin Maintenance Equipment Expense Reimbursement 672.36 0065856 Joseph Clift YVFF Best Animated Short Film ex-aequo Winner 200.00 0065857 Joy Regullano YVFF Festival Pick#1 Winner 100.00

Page 143 of 266 ends

Check # Name Description Check Amount
Town of Yucca Valley Page: 2
Warrant Register from 12/05/2025 to 12/05/2025
0065858 Justin Haulbrook YVFF Best Music Video Winner 100.00 0065859 Kevin Bibo YVFF Best Script ex-aequo Winner 150.00 0065860 Kristen Gerweck YVFF Best Short Film Winner 200.00 0065861 Luke Salewski YVFF Best Student Film Winner 150.00 0065862 Khristina Lund Contracted YVFF Services 512.50
0065863 FRED'S TIRES Vehicle Maintenance 940.03
0065864 Nena C McCullough Senior Center Expenses Reimbursement 71.54 0065865 Municipal Dental Pool C/O Keenan &
Associates, SETECH Department
Monthly Dental Premium Group ID #22642-00001,
Dec 2025
2,200.32
0065866 Nelson Mobile Services Inc Invoices 2763, 2764, 2765, 2766, 2767, 2772 895.05 0065867 Nicole Manoochehri YVFF Best Dance Film Winner 150.00 0065868 Paul Hollingsworth YVFF Best Animated Short Film ex-aequo Winner 200.00 EFT Primo Brands Invoices 15K0028803427, 25K0025796020 450.94 0065869 Quadient Finance USA Inc. Postage 1,802.06
0065870 Quadient Leasing USA Inc. ComDev and Town Hall Postage Machines Leases 12/17/2025-03/16/2025
1,412.22
0065871 Quadient Inc. Annual Overage for eCertify mail 159.84 0065872 QUALITY STREET SERVICES INC Invoices 256989, 256990 16,960.00 EFT Quinn Company Credit Card Nov 2025 1,870.09
0065873 Reuben Luke YVFF Festival Pick#2 Winner 100.00
EFT RHA Landscape Architects-Planners, Inc. Invoices 122764, 122783 3,475.00 EFT Right of Way, Inc. Street Signs 1,147.17
0065874 Robert Robb YVFF Award Winner 300.00
EFT Safework, Inc C/O nFusion Capital YVARC Project Construction Managment, 10/01/2025-10/31/2025
67,853.19
EFT SCE Electric Service Nov 2025 5,207.72
0065875 Schroeder Plumbing, Inc. Site Walk with Plumber at Museum 325.00 0065876 Ryan Scott Contracted YVFF Services 315.00
0065877 William Michael Shamhart Contracted Instructor, 2025 Fall Pickeball Clinics/Drills

53.90 0065878 Sonsray Machinery, LLC Equipment Maintenance 2,927.36 EFT Southwest Networks, Inc. Invoices 25-11041SC, 25-11042, 25-11044SC, 25- 11045SC, 25-11046SC, 25-11115
7,966.75
EFT Spec Construction Co., Inc. Senior Center Modernization Phase II Project, thru 10/31/2025
478,093.70
0065879 Staci Mallett YVFF Best Script ex-aequo Winner 150.00 EFT Staples Credit Card Nov 2025 674.95
EFT THE HOME DEPOT U S A INC. Credit Card Nov 2025 2,709.45 EFT TPx Communications Phone Service Nov 2025 4,864.91
EFT TRACTOR SUPPLY CREDIT PLAN Credit Card Nov 2025 65.66 EFT Multy Service Technology Solutions Inc. Credit Card Nov 2025 564.60 EFT Tripepi, Smith & Associates, Inc. PO 26-10137, Orchid Ferstival Promotion 1,061.25 0065880 Trophy Express Name Plate with Town Logo 172.95 0065881 Tyler Rogers YVFF Best Drone Film Winner 50.00
0065882 UniFirst Corporation Laundry Uniforms 175.96
EFT Parkers Building Supply Credit Card Nov 2025 356.67 0065883 VCA Yucca Valley Animal Hospital Invoices 5563675321, 55636755551, 5563676285, 5563685787, 5563690489
698.12
EFT WEX Bank Fuel 668.42
0065884 Yucca Valley Auto Parts, Inc. Invoices 522771, 523170, 523175 231.65 Total Checks: 926,630.44

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Check # Name Description Check Amount
Town of Yucca Valley Page: 1
Warrant Register from 12/15/2025 to 12/15/2025
0065887 Veterinary Services 1,069.00
0065888 Membership Dues 250.00
0065889 RQ2 Nationwide Commitment Package, Nov 2025 603.15 0065890 Dog Waste Roll Bags Supply 809.10
0065891 Irrigation Maintenance Supplies 268.07
0065892 11/25 Town-wide Monthly Pest Control 380.00
0065893 Janitorial Supplies 1,731.19
0065894 Invoices 20251122DMI, 20251213DMI 4,000.00
0065895 2025 Annual Community Prayer Breakfast 300.00
0065896 YV Aquatic & Recreation Center Prop 68, 11/06/25- 11/19/25
7,540.50
0065897 CEQA for GP Open Space Element Update, Nov
2025
14,352.65
0065898 FY24-25 Audit Services - November 2025 Billing; Measure Y; Measure Z
13,100.00
0065899 Release of Pendency 20.00
0065900 FY25/26 Measure Y Partnership Agreement 2,500.00 0065901 CEQA for Sun Mesa Mini Storage Facility, Nov 2025 6,689.50 0065902 Laundry Uniforms 175.96
0065903 Veterinary Services 1,139.20
0065904 Irrigation Parts and New Radio Supply 3,415.00
0065905

GREGORY ALLEN REX

BASIN WIDE FOUNDATION
CoreLogic Solutions LLC, Information
Solutions
Dog Waste Depot

EWING IRRIGATION PRODUCTS INC
Frazier Pest Control, Inc.

FULTON DISTRIBUTING CO
Guiding Light Pet

JOSHUA SPRINGS CALVARY CHAPEL
Landmark Consultants, Inc
PlaceWorks, Inc.

ROGERS ANDERSON MALODY & SCOTT
LLP

SBCO RECORDER
Spark Growth!
UltraSystems Enviromental Incorporated
UniFirst Corporation
VCA Yucca Valley Animal Hospital
Wireless Controls, Inc.

Yucca Valley Auto Parts, Inc. Vehicle Maintenance Supply 112.32 Total Checks: 58,455.64

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Check # Name Description Check Amount
Town of Yucca Valley Page: 1
Warrant Register from 12/19/2025 to 12/19/2025
EFT ACCUFUND INC AccuFund Annual Software License, 02/01/2026- 01/31/2027
10,316.25
0065906 ADDICTION MEDICINE CONSULTANTS Invoices 122026, 12M2026 1,368.00 EFT American Business Bank Retention Escrow Deposit for RC Construction Inc., YV ARC Project; Application#16, period thru
11/30/2025
52,794.10
0065907 Maria Dolores Amstutz Contracted Instructor, Senior Programming 150.00 0065908 Animal Action League Invoices 2359361, 2359361sc 5,825.00 0065909 GREGORY ALLEN REX Veterinary Services 1,073.00
0065910 Raini Ameli Armstrong Contracted Instructor, Watercolor Workshop 35.00 0065911 Dena Bates Senior Benefit Assistance Program 90.00 EFT Roadrunner Print and Ship Invoices 4445, 4473, 4482, 4708 1,748.22 EFT Burke Williams and Sorensen LLP 11/25 Professional Services 34,219.47 0065912 Carlos Eduardo Coneo Flor Refund for CWMP Deposit, Permit#2025-195 500.00 0065913 Castrol Premium Lube & Smog Express Vehicle Maintenance Service 56.22 EFT CHARLES ABBOTT ASSOCIATES 11/25 Building Permit and Plan Check Fees 21,081.22 0065914 Desert Arc 11/25 Cleaning Services 7,232.04
EFT Desert Fire Extinguisher Co Inc. Annual Fire Extinguisher Service 1,811.49 EFT EcoFert, Inc. 11/25 Monthly Program Fees 2,160.00
0065915 Erik Mendoza Photography Service for Tree Lighting and Snow Play Day Events
525.00
0065916 Five South Corp Refund of CWMP; 2023-1279; 7408 Desert Sky; BP 2023-1282; 7444 Desert Sky; BP 2023-1283; 7432
Desert Sky; BP 2023-1284; 7420 Desert Sky
2,000.00
EFT Flock Group, Inc. Flock Safety LPR; Infrastructure Implemetation Fee 105,600.00 0065917 Frazier Pest Control, Inc. Invoices 238692, 242771 178.00 0065918 Golden State Sports Photography Deposit for Golden State Sports Photograph Packages
1,700.00
0065919 Gold Mountain California News Media, Inc. Invoices 65041, 65206, 66005, 66214, 66215, 66242, 66243
3,283.01
EFT Granicus, LLC Invoices 219183, 220513 31,413.37
0065920 Hi-Desert Metal & Gas Supply Carbon Dioxide Units Supply for Pool 65.25 0065921 Hi-Desert Water District Water Supply Service 12,572.28 EFT Honeywell International Inc. Mechanical & Electrical Service, Jan 2026 5,551.39 0065922 Patrick Hutchinson Tree Lighting Event Audio 400.00 0065923 Christine I'Anson Mileage Reimbursement 37.80
EFT Impact Sciences, Inc. CEQA for Dutch Bros, Project #1590.003, Nov 2025 18,358.60 EFT Joshua Curtis Slone Invoices 0000213, 0000214550 1,050.00 0065924 Julie Reints STEAM Workshop for Museum 540.00
0065925 KK RENTS, LLC Invoices 251201-00022872-001, 251203-00022922 -001
394.60
0065926 Landmark Consultants, Inc Invoices LP1325-19, LP1325-20 5,328.85 0065927 MICHAEL E LANG Contracted Instructor, CPR Class 105.00 EFT Lincoln 457 (Payroll) 3,988.68
0065928 Living Hope Church PO26-10121, Facility Rental for Youth Sports 10,000.00 0065929 Janie Long Contracted Instructor, Senior Programming 100.00 0065930 Meilani MacDonald Invoices 11.01-12.11., Nov-25 51.80 EFT Mariposa Landscapes Inc. 11/25 Landscape Maintenance 9,397.65 EFT Shawn M Matteke Invoices Dec-25, Nov-25 850.00
EFT Nena C McCullough Senior Center Expenses Reimbursement 285.35 0065931 Miracle Recreation Equipment Company,
Inc.

Playground Parts Supply 493.79
EFT Mission Square 6,213.06
0065932 Victoria Montgomery Contracted Instructor, Stretch "N" Tone Class 90.30 0065933 MORONGO UNIFIED SCHOOL DISTRICT 11/25 Fleet Fuel 6,141.16 0065934 Municipal Dental Pool C/O Keenan &
Associates, SETECH Department
Monthly Dental Premium Group ID #22642-00001,
Jan 2026
2,200.32
EFT Noel Rodney Owsley Invoices 12-25-001, 12-25-002, 12-25-003 3,550.00 EFT Pacific Western Bank Credit Card December 2025 34,161.14 EFT PARS 956.31
0065935 PARS Annual Asset Fee 300.00
0065936 PlaceWorks, Inc. Invoices TYV-09.0-10, TYV-11.0-6, TYV-12.0-5 6,125.38 0065937 QUALITY STREET SERVICES INC Street Sweeping Service, Ticket #4578, 11/24/2025- 11/26/2025
6,360.00

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Check # Name Description Check Amount
Town of Yucca Valley Page: 2
Warrant Register from 12/19/2025 to 12/19/2025
0065938 Marina Veterinary Center Veterinarian Services, 12.01-02.2025 1,040.00 0065939 JOHN CLAYTON RARDON Film Festival Expenses Reimbursement 447.94 EFT Right of Way, Inc. Street Signs 239.78
EFT Robert Clapper Construction Services Inc YV Aquatic and Recreation Center Construction Project, thru November 30, 2025
1,003,087.84
0065940 Rolfa Dippel Refund for CPR Class 25.00
EFT SBCO Sheriff's Department Invoices 36934, 36971 70,545.91 EFT SCE Electric Service Nov/Dec 2025 33,056.94
0065941 Penny Lee Shadwick Contracted Instructor, Knit and Crochet Class 5.60 EFT SoCalGas Gas Service December 2025 5,720.47
0065942 The Christmas Kings Final Payment 2025 Holiday Lighting and Decor Services, PO 26-10189
6,162.50
EFT Multy Service Technology Solutions Inc. Credit Card December 2025 1,852.22 EFT Tripepi, Smith & Associates, Inc. Invoices 16083, 16201 17,644.05 0065943 ULINE Maintenance Supplies, Order #42498185 613.41 0065944 UniFirst Corporation Invoices 2200337450, 2200340023 351.92 EFT UniFirst First Aid + Safety Medical Kit Supply 124.36 EFT Van Engineering Inc. CC Athletic Facility Improvements, 11/01/25-11/30/25 239,423.75 0065945 VCA Yucca Valley Animal Hospital Invoices 5563679873, 5563680577, 5563680970, 5563681086, 5563681414, 5563681658,
5563681674, 5563691323
1,712.50
0065946 Veterinary Emergency Group Veterinary Services 434.11 0065947 Benjamin Vital Draw Club Contracted Instructor 40.00 0065948 Charlie Enora Walker Draw Club Live Model Service 130.00 0065949 Webb Municipal Finance LLC LLD-Fund 581, SDMD-Fund 582, CFD-Fund 583 17,168.99 0065950 Mary Worthen Contracted Instructor, Knit and Crochet Class 42.00 0065951 Yucca Valley Auto Parts, Inc. Invoices 524451, 524534 123.66 EFT Yunex LLC 10/25 Traffic Signal Maintenance 333.32
Total Checks: 1,821,154.37

Page 147 of 266 ends

Item: 15.

Ratify the Payroll Registers totaling $292,759.58 dated November 07, 2025, and $297,605.37 dated November 21, 2025.

Ratify the Warrant Registers totaling $1,975,924.35 dated November 07, 2025, and $4,317,690.42 dated November 21, 2025.

Prior Review:

None for this item.

Discussion:

Alternatives
None for this item.

Fiscal Impact:

The warrants presented were drawn in payment of demands included within the adopted budget.

Attachments

1. Payroll Register - November 07, 2025

2. Payroll Register - November 21, 2025

3. Warrant Register 11.07.2025.

4. Warrant Register 11.21.2025.

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Page 152 of 266 ends

Check # Name Description Check Amount
Town of Yucca Valley Page: 1
Warrant Register from 11/07/2025 to 11/07/2025
EFT Alliant Insurance Services Trust Account
Newport
Special Event Insurance Premium, YUCCVAL-01 395.00
0065713 AMERICAN ASPHALT SOUTH, INC. Invoices 2025-2478A, 2025-2478B 1,440,122.40 0065714 Maria Dolores Amstutz Contracted Instructor, Senior Programming 150.00 0065715 Animal Action League Veterinary Services 183.00 0065716 GREGORY ALLEN REX Veterinary Services 931.00
0065717 Raini Ameli Armstrong Contracted Instructor, Stretch "N" Tone Class 59.50 0065718 Arthur Ramirez Gutierrez Invoices 102225 , 102925 150.00 0065719 AT&T MOBILITY Cell Phone Service 519.28
0065720 AVALON URGENT CARE INC Invoices 28986, 29511 145.00 0065721 Dena Bates Senior Benefit Assistance Program 170.00 EFT Roadrunner Print and Ship Invoices 4202, 4234, 4271, 4331, 4365, 4387 3,106.45 0065722 Be CARB Compliant Invoices 30003725, 30003865 447.00 0065723 Lara Bennett Invoices Oct-25, Oct-25, Oct-25 162.40 0065724 DEBRA BREIDENBACH-STERLING Invoices TR, TR 1,884.39 0065725 BROADCAST MUSIC INC Membership Renewal, account #2134940, 10.01.25 -09.30.26
425.94
0065726 Buchalter Audit Responses T5747-3 460.00
EFT Capitol Advocacy LLC 10/2025 Professional Services 10,000.00

EFT CARL OTTESON'S CERTIFIED

BACKFLOW TESTING
Backflow Testing Services 60.00
0065727 Cart Retrieval, Inc. 09/2025 Town-Wide Shopping Cart Retrieval Services
1,090.00
0065728 Castrol Premium Lube & Smog Express Invoices 83846, 84101, 84102 196.97 EFT CDW GOVERNMENT Monitor Supply 322.09
EFT Charter Communications Cable/Fiber Services 4,151.00 0065729 Cory Hamilton Monument Stipend 1,500.00
0065730 Regina Costello Contracted Instructor, Belly Dance Class 113.40 0065731 DATA TICKET INC 09/25 Code Enforcement Processing 630.84 0065732 BROOKE DUDRA Invoices TR, TrvAdv 736.80
0065733 Erik Mendoza Photigraphy Service for Halloween Spooktacular Event
300.00
0065734 Escape NY LLC / The Tiny Pony Restaurant Operating Supplies 256.00 0065735 Sharon Fain Invoices Oct-25 , Oct-25 , Oct-25 Wed, Reimbursement
211.84
0065736 First American Data Tree, LLC Monthly Subscription for Property Info Website 100.00 0065737 Frazier Pest Control, Inc. Invoices 234364, 234365 469.00 0065739 FULTON DISTRIBUTING CO AS/AC Janitorial Supplies 393.65 0065740 Gina Brown Contracted Instructor, Science for the Future 105.00 0065741 G/M BUSINESS INTERIORS DIRTT Walls/Door, Senior Center Improvement Project, PO25-10145
70,584.93
0065742 GUY WULF Invoices 101625, 102125, 102325, 102825 420.00 EFT Harrell's LLC Parks Maintenance Supplies 1,114.70
0065743 Hi-Desert Water District Water Supply Service 3,915.05 0065744 Image360 Animnal Enclousure Privacy Screening 288.72 0065745 Tommie L Jones Travel Expense Reimbursement, Aquatics Management School, 10/20/25-10/23/25
113.24
0065746 KCDZ-FM Radio Advertisement - Community Clean Up Event 420.00 0065747 KELLY PAPER COMPANY Invoices 12059331, 12059332, 12059333 1,035.84 0065748 Jakub Kusmieruk Travel Expense Reimbursement, Aquatics Management School, 10/20/25-10/23/25

80.00 0065749 Lakefront Lock and Key Invoices 1302, 1303 4,193.00 0065750 Landmark Consultants, Inc Invoices LP1125-73, LP1125-74, LP1125-75 7,379.10 0065751 Janie Long Contracted Instructor, Senior Programming 250.00 0065738 FRED'S TIRES Vehicle Maintenance 45.00
0065752 Meilani MacDonald Invoices 09.17.-10.14., Oct-25 159.60 EFT Shawn M Matteke Contracted Instructor, Senior Programming 550.00 0065753 Nena C McCullough Senior Center Expenses Reimbursement 150.62 0065754 MOJAVE DESERT & MTN INTEG WST JPA Membership Dues, Q2 10/01/25-12/31/25 6,752.00 0065755 Victoria Montgomery Contracted Instructor, Stretch "N" Tone Class 281.40 0065756 PLASTICPLACE Grounds Maintenance Supplies 520.37 0065757 Ontario Spay and Neuter Inc. Invoices 271795, 271981 2,638.00 0065758 Original Watermen, Inc. Aquatics Program Uniforms 2,404.90 EFT Primo Brands Invoices 15I0028803427, 25J0025796020 201.46

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Check # Name Description Check Amount
Town of Yucca Valley Page: 2
Warrant Register from 11/07/2025 to 11/07/2025
0065759 PRO VIDEO Council Meeting Recording 150.00
0065760 Quadient Finance USA Inc. Postage 2,406.11
0065761 QUALITY STREET SERVICES INC Invoices 256359, 256360, 256413, 256414 36,040.00 EFT Quinn Company Equipment 2,702.02
0065762 JOHN CLAYTON RARDON Travel Expense Reimbursement, Visalia, 10/08/25- 10/11/25

72.62 EFT RHA Landscape Architects-Planners, Inc. Museum Improvements Design, 08/26/25-09/25/25 1,665.00 0065763 Safeway Sign Company Street Name Signs Replacement 238.85 EFT SCE Electric Service 6,295.13
0065764 Penny Lee Shadwick Contracted Instructor, Knit and Crochet Class 22.40 0065765 William Michael Shamhart Contracted Instructor, 2025 Fall Pickeball Clinics/Drills
658.70
0065766 Tease Shirts Staff Clothing 1,062.67
EFT Southwest Networks, Inc. Invoices 25-10086, 25-10095 4,207.50 EFT Spec Construction Co., Inc. Senior Center Modernization Phase II Project, thru 10/01/2025
84,939.91
EFT Staples Credit Card 1,474.19
0065767 Stiles Animal Removal, Inc. Dead Animal Disposal 1,050.00 0065768 Jesse Suddreth Event Staff contract Service 150.00 0065769 The Christmas Kings Second Deposit for Holiday Lighting and Decor Services, PO 26-10189
6,162.50
EFT THE HOME DEPOT U S A INC. Credit Card 1,635.06
EFT TPx Communications Phone Service 4,868.70
EFT TRACTOR SUPPLY CREDIT PLAN Credit Card 789.43
0065770 Trophy Express Name Plate with Town Logo 46.98
EFT Turf Star inc Invoices INV120734, INV121277 56,893.96 0065771 UniFirst Corporation Invoices 2200322670, 2200325195 384.86 EFT Parkers Building Supply Credit Card 228.85
0065772 VCA Yucca Valley Animal Hospital Invoices 5563682784, 5563682785, 5563687694, 5563688039, 5563688185
687.95
EFT Certified Stainless Service Inc 2000 Gallon Dust Control Truck, PO26-10175 185,972.57 EFT WEX Bank Fuel 210.48
EFT WEX Bank Fuel 1,251.23
0065773 Mary Worthen Contracted Instructor, Woodcarving Class 30.80 0065774 YUCCA VALLEY TOWING, INC. Veh#4 Towing Service 180.00 Total Checks: 1,975,924.35

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Check # Name Description Check Amount
Town of Yucca Valley Page: 1
Warrant Register from 11/21/2025 to 11/21/2025
EFT American Business Bank Retention Escrow Deposit for RC Construction Inc., YV ARC Project; Application#15, period thru
10/31/2025
118,263.47
0065775 NVA Grand Terrace Veterinary Management
LP
Invoices 581949, 582653 1,340.00
0065776 GREGORY ALLEN REX Invoices 9381, 9624 2,716.00
0065777 Arthur Ramirez Gutierrez Contracted Softball Umpiring Services 105.00 0065778 Be CARB Compliant OBD Test 125.00
EFT Burke Williams and Sorensen LLP 10/25 Professional Services 40,132.63 0065779 Castrol Premium Lube & Smog Express Invoices 84334, 84340, 84644 166.15 EFT CHARLES ABBOTT ASSOCIATES 10/25 Building Permit and Plan Check Fees 34,857.83 0065780 Colorado Studio LLC 2025 YV Film Festival Professional Services 2of2 15,575.00 0065781 LESLEY COPELAND Travel Expense Reimbursement, San Bernardino,

10.23.2025.

92.40 0065782 CoreLogic Solutions LLC, Information
Solutions
RQ2 Nationwide Commitment Package, Oct 2025 403.43
0065783 Cutting Edge Supply Maintenance Equipment 1,274.77 0065784 Desert Arc 10/25 Cleaning Services 7,232.04
0065821 Geraldine Connell Employee Holiday Party Photo Booth Service 665.62 0065785 Jeff Drozd Travel Reimbursement, Mojave Desert RA JPA Meeting 11.13.2025.
119.27
0065786 SUSAN EARNEST YV Film Festival Program Supplies Reimbursement 207.74 EFT EcoFert, Inc. 10/25 Monthly Program Fees 2,160.00
EFT Electryon Tech LLC/dba JackrabbitGo.com Internet Service and WiFi Installation @ Founders Plaza
658.00
EFT FARMER BROTHERS CO Office Coffee Supply 525.62
0065787 FEDEX Express Shipping Service 42.73
0065788 Helene M Ford Refund for Dog License Overcharge 18.00 0065789 Frazier Pest Control, Inc. Welcome Center Monthly Pest Control 85.00 0065790 FULTON DISTRIBUTING CO Janitorial Supplies 1,641.39 0065791 G/M BUSINESS INTERIORS Furniture for Senior Center Modernization, PO25- 10149, Phase 2
40,638.85
0065792 Gold Mountain California News Media, Inc. Invoices 63996, 63998, 63999, 64495, 64496, 64497, 65042, 65043, 65044, 65045, 65046, 65047 ,
65048, 65049, 65564, 65565, 65566, 65668, 65687
9,214.60
0065793 Greg Fagan DJ Services for Employees Holiday Party 360.00 0065794 GUY WULF Invoices 103025, 110425, 110625, 111125 420.00 0065795 Harris, Michael Refund for CWMP Deposit, project #2021-2461 500.00 0065796 WJB GOLF LLC Employee Holiday Party, Event Space and Food Deposit
500.00
0065797 Hi-Desert Water District Water Supply Service 26,947.91 0065798 Homes by Platinum Refund for CWMP Deposit, project #2024-1016 500.00 EFT Honeywell International Inc. Mechanical & Electrical Service, Dec 2025 5,551.39 0065799 INTERVET INC Shelter Supplies - Microchips 1,661.25 0065800 Jorgensen, Lance Refund for CWMP Deposit, project #2023-163 500.00 EFT Joshua Curtis Slone Exercise Physiologist, Senior Programming 750.00 0065801 JOSHUA SPRINGS CALVARY CHAPEL Refund for CUP 05-95 Amd#3 EA26-24 for 57373 Joshua Ln
5,154.47
0065802 Jyrlybs Remodeling and Cleaning Inc Refund for CWMP Deposit, project #2023-1174 500.00 0065803 KCDZ-FM Animal Shelter Radio Advertisement 620.00 0065804 Roberta Kurvink Refund for Belly Dance Class 9.00 0065805 Landmark Consultants, Inc Invoices LP1225-34, LP1225-35, LP1225-36 11,262.85 0065806 MICHAEL E LANG Contracted Instructor, CPR Class 70.00 EFT Lincoln 457 (Payroll) 3,927.15
EFT Mariposa Landscapes Inc. 10/25 Landscape Maintenance 9,397.65 EFT Mission Square 5,864.49
0065807 MORONGO UNIFIED SCHOOL DISTRICT 10/25 Fleet Fuel 7,402.11 EFT Noel Rodney Owsley Invoices 11-25-001, 11-25-002, 11-25-003, 11-25- 004, 11-25-005, 11-25-006, 11-25-007
8,500.00
EFT Pacific Western Bank Credit Card 31,366.80
EFT PARS 2,048.22
0065808 PARS 09/25 Trust Administrator Services 300.00
EFT LML LLC Pin Logo Set 2,441.90

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Check # Name Description Check Amount
Town of Yucca Valley Page: 2
Warrant Register from 11/21/2025 to 11/21/2025
0065809 PlaceWorks, Inc. Invoices TYV-09.0-9, TYV-10.0-4, TYV-11.0-5, TYV12.0-436,641.00 0065810 Precision Builder Refund for CWMP Deposit, project #2025-223 500.00 0065811 PRO SECURITY SYSTEMS, INC. Invoices 23819, 23820 1,118.00 0065812 QUALITY STREET SERVICES INC Street Sweeping Service, Ticket #4537, 10/27/25- 10/30/25
8,480.00
EFT RDO Equipment Co. 2025 John Deere 5060E Cab Utility Tractor, PO25- 10156
44,966.59
EFT Right of Way, Inc. Street Signs 1,348.34
EFT Robert Clapper Construction Services Inc YV Aquatic and Recreation Center Construction Project, thru October 31, 2025
2,247,006.01
0065813 RONS AUTOMOTIVE Vehicle Maintenance 1,855.30
EFT Safework, Inc C/O nFusion Capital Senior Center Project, Construction Management, 10/01/2025-10/31/2025
3,960.00
EFT SBCO Sheriff's Department Invoices 36896, 36911 1,174,860.00 EFT SCE Electric Service Nov 2025 34,654.16
0065814 Schroeder Plumbing, Inc. Bottle Filler Installation@Welcome Center 125.00 EFT SoCalGas Gas Service Nov 2025 2,052.09
0065815 DEPARTMENT OF JUSTICE 10/25 Fees 60.00
EFT Tripepi, Smith & Associates, Inc. Invoices 15914, 15954 13,437.27 0065816 Trophy Express Pin Brass Badge 48.96
0065817 UltraSystems Enviromental Incorporated CEQA for Sun Mesa Mini Storage Facility, 09/01/25- 10/31/25
5,083.00
0065818 UniFirst Corporation Invoices 2200327709, 2200329768 351.92 EFT Van Engineering Inc. CC Athletic Facility Improvements, 10.06.25-

10.31.25 326,800.00
0065819 VCA Yucca Valley Animal Hospital Invoices 5563683180, 5563684008, 5563684202, 5563684646, 5563684649, 5563685094,
5563688565, 5563688632, 5563688825,
3,978.90
0065820 Veterinary Emergency Group Invoices 2hgeezws, krl77cqr, nfladsxu, qkhe91x3, slup4gp7
5,548.15
Total Checks: 4,317,690.42

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Item: 16.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Jordan Gumbish, Finance Manager
Date: January 14, 2026
Meeting Date: January 20, 2026
Subject: Community Development Block Grant (CDBG) Prioritization Hearing Recommendation:

It is recommended that the Town Council:

1. Allocate the entire final Town's FY2026-27 CDBG allocation to the following eligible Town Project, in accordance with Town's historical project funding allocations.

2. Direct staff to invite non-funded organizations to apply for General Fund or Measure Y Fund Partnership consideration as part of the FY2026-27 budget process.

Prior Review:

The item was included on a 12/02/2025 public hearing but continued to the January 20, 2026 meeting.

Discussion:

Through a cooperation agreement with San Bernardino County, the Town of Yucca Valley participates with the County’s Community Development and Housing (CDH) department in the administration of Community Development Block Grant funding. Through this agreement, the Town Council is asked each year to review and prioritize eligible projects and proposals, and to forward a funding recommendation to the Board of Supervisors. Applicants submit project and program proposals in November and December of each year requesting funding under the following fiscal year’s allocation. The application period was publicized locally and proposals were submitted directly to the CDH office. Any agency is entitled to apply for funding if the proposal fits the public benefit criteria established by the Department of Housing and Urban Development (HUD) in the Code of Federal Regulations. The most typical criterion for CDBG funding is the proposal’s benefit to low - moderate income residents. Other factors that favorably influence eligibility include compliance with Americans with Disabilities Act (ADA) standards and certain economic development activities. The CDBG program is intended to provide funding for the completion of a beneficial project, or to provide funds for new programs or measurable improvements to existing programs.

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The Town’s current allocation for the 2025-26 funding cycle is anticipated to be around $120,000. Attached for the Council’s review is a recent history of CDBG funding allocations. A maximum of four (4) projects can be designated from the current year's funding. There is no limitation on the amount of funding for Public Service Programs. However, the Council has opted in recent years to assist certain agencies from the General Fund’s partnership budget instead.

Beginning in FY2015-16, a methodology change was implemented regarding the allocation of funds to provide more flexibility to cities. There are no longer minimum project funding thresholds. However, the 15% Public Service Cap still applies to cities and towns that receive $150,000 or more in CDBG allocation. The total allowable number of newly funded projects is based on the percentage of each City’s formula share of the CDBG allocation and the maximum number allowed for newly funded construction projects is based on the Town’s CDBG Administrative Cap. Because the Town’s allocation is less than $150,000, the Public Service Cap does not apply in FY2026-27, but the Town may only fund up to four projects. In addition, all CDBG funded construction projects require a Maintenance and Operation (M&O) Commitment and an Estimated Annual Maintenance and Operation Budget. Town-funded construction and acquisition activities for third-party-owned facilities (i.e. nonprofit-owned facilities) require an M&O Commitment of 5 years for projects funded for less than $25,000 and 10 years for amounts of $25,000 or more. Because third party projects are higher risk investments due to the entity's ability to meet the M&O covenants, should the Town wish to fund a construction or acquisition project for a third-party owned facility, the Town must agree to enter into a Town General Fund Guarantee to ensure that the Town will repay the HUD CDBG program administered by the County should the project not satisfy the M&O requirements.

Project Applications
Due to the timing of the County's application and review process, the list of eligible approved projects is scheduled for release to the participating cities on December 1st. A copy of this list will be provided to the public and Council for review during the scheduled public hearing for full consideration before final recommendation. Below is the description of the application submitted by the Town for the recommended project for funding. It has been the Council's policy in prior years to utilize CDBG for the Town's project and forward the remaining nonprofit organization's applications to the Measure Y Fund's Partnership Program funding process, which is scheduled to open in February 2026.

Town of Yucca Valley - Brehm Park II Turf & Irrigation Project The staff recommendation is to provide resources needed for construction and improvements to the Town's Brehm Park II for turf and irrigation repairs. The recommended action would allocate one year of CDBG funding toward the facility for removal, replacement of the current topsoil, replacement of the current irrigation system and installation of an improved waterefficient system with new topsoil and grass. The improvements to these fields will ensure longterm safe and efficient fields to provide for the health and social service of local residents.

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Alternatives
Direct staff to allocate funding in a different manner.

Fiscal Impact:

The total 2026-27 CDBG allocation will be announced after the preparation of this report, but average funding cycles range from $120,000 - $130,000 each year. These funds become available to the Town after July 1, 2026, following federal and county approval and environmental review.

Attachments

1. 2026-27 Yucca Valley Elig-Not Elig List

2. CDBG Allocation History FY 2011-2025

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San Bernardino County
Department of Community Development and Housing
2026-2027 CDBG Project Proposals
New/
Continuing City Applicant Submission ID Proposed Project Number Project Title Short Activity Description Total
Review
Score
Amount
Requested
Eligible?
Yes/No
New Yucca Valley
Heidi Schwegler, Director
Yucca Valley Material Lab, Inc.,
57275 Canterbury Street,
Yucca Valley, California 92284
[email protected]
1-503-789-8050
52313877 New Yucca Valley: ADA Pathway
Improvements
The YVML ADA Pathway Improvements project will construct ADA-compliant outdoor pedestrian pathways and handrails at the Yucca Valley Material Lab campus in the Town of Yucca Valley to remove physical barriers and improve accessibility. The project includes grading, installation of compliant pathway surfaces, and construction of handrails connecting the artist studio, residence, and outdoor classroom areas, allowing safe and independent access for persons with disabilities, seniors, caregivers, and community members. These improvements will enhance equitable access to a publicly accessible community arts facility serving low- and moderate-income residents in the Morongo Basin. Upon completion, the project is expected to benefit approximately 500 to 800 users annually 89 $ 7,500 Yes
New Yucca Valley
Curtis Yakimow, Town Manager
Town of Yucca Valley
57090 29 Palms Highway,
Yucca Valley, CA 92284
[email protected]
1-760-369-7207
52330378 New Yucca Valley: Brehm II Turf
and Irrigation Project
The Brehm II Turf and Irrigation Project will rehabilitate the existing turf fields at the Brehm II Park facility in the Town of Yucca Valley to improve safety, usability, and long-term functionality. The project includes removal and replacement of existing turf and topsoil, installation of a new water-efficient irrigation system, and placement of new topsoil and grass to support safe recreational use. These improvements will enhance access to well-maintained public recreational facilities used by low- and moderate-income residents, youth sports leagues, and nonprofit organizations. Upon completion, the upgraded fields are expected to benefit approximately 2,000 to 3,000 residents annually. 86 $ 600,000 Yes

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Fiscal Year Project Allocation Notes
2010 - 2011 Community Center Playground 188,033 1
2011 - 2012 Targeted Code Enforcement 167,405
2012 - 2013 Community Center Playground 104,603 1
2013 - 2014 Targeted Code Enforcement 116,443 2
2014 - 2015 Jacobs Park Playground 50,000
2014 - 2015 Targeted Code Enforcement 69,995
2015 - 2016 Paradise Park Renovation 78,531 3
2015 - 2016 Targeted Code Enforcement 35,000 3
2016 - 2017 Paradise Park Renovation 126,460
2017 - 2018 Paradise Park Renovation 86,413 3
2017 - 2018 Targeted Code Enforcement 35,000 3
2018 - 2019 Paradise Park Renovation 113,591 3
2018 - 2019 Targeted Code Enforcement 5,000 3
2019 - 2020 North Park Access 122,261
2020 - 2021 North Park Access 125,131
2021 - 2022 North Park Access 127,260 4
2022 - 2023 North Park Access 146,300 4
2023 - 2024 Senior Center Improvements 133,831 5
2024 - 2025 Senior Center Improvements 131,265
2025-2026 Senior Center Improvements 133,733
Notes
1). Community Center Playground project originally included a Splash Pad element as well as other significant Community Center Playground modifications. Due to budgetary limitations, the scope was reduced to align with resources available. Remaining resources were transitioned to similar improvements at the Town's Paradise Park Facility.

To accomplish this project, a three-year allocation of CDBG funding was necessary. 2). Last full year of targeted Code Enforcement Project. 3). Paradise Park Renovations were complete in FY2018-19. Remaining resources are requested to be transitioned to North Park Access improvements. 4) To accommodate the final project costs for the North Park Access improvements, the 21-22 and 22-23 CDBG allocation was transferred from the TVLL project to the North Park Access 5) The 23-24 funding cycle originally allocated funds to the Tri Valley Little League improvements.

Due to the expedited timing of the project these funds were transferred to the Senior Center Improvement project.

Town of Yucca Valley
CDBG Allocations
Recent Project History

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Item: 17.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Shane Stueckle, Deputy Town Manager
Date: January 13, 2026
Meeting Date: January 20, 2026
Subject: 2026 Yucca Valley Animal Shelter Microchip Program Recommendation:

Prior Review:

There has been no prior review of this matter
Discussion:

Microchipping is a proven, low-cost strategy that significantly increases the likelihood that lost dogs are reunited with their owners, thereby reducing shelter intake, length of stay, and associated operational costs. By offering microchips at no or very low cost, the Shelter removes a key barrier for pet owners and helps keep dogs out of the shelter system.

While a precise percentage is not documented, numerous dogs entering the shelter, from both the Town and County areas, are stray animals without permanent identification. While many of these dogs are owned, lack of identification often prevents timely reunification with their families. Microchips provide permanent, reliable identification that cannot be lost or removed, unlike collars or tags. Establsihing this effort as a year-long program in 2026 will allow broader community access and greater overall impact.

Under the proposed program, the Animal Shelter will:
• Provide free microchips for dogs owned by Town residents during specified dates and hours as established by the Shelter and selected outreach events • Register microchips at the time of implantation and educate owners on maintaining current contact information.
• Provide microchips for dogs owned by County residents for $5.00 during specified

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dates and hours as established by the Shelter and selected outreach events Microchipping services will be performed by trained shelter staff in accordance with established animal welfare standards.

The Free Microchip Program is expected to:
• Increase return-to-owner rates for lost dogs
• Reduce the number of dogs entering the shelter as strays • Shorten length of stay for dogs that are impounded
• Lower shelter operating costs related to housing, care, and staffing • Improve animal welfare outcomes by minimizing stress and displacement Keeping dogs with their families whenever possible aligns with the Shelter’s mission and reduces strain on limited shelter capacity.

Implementation of the 2026 Microchipping program will occur at scheduled dates/times that will be publicized through local media as well as through the Town's standard social media platforms.

Alternatives
Staff recommends no alternative action.

Fiscal Impact:

The Town pays approximately $5.00 per chip. Conservative estimates of 1,500 dogs being microchipped represents a cost of approxmatley $7,500 not including staff time.

Attachments
None

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Item: 18.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: January 12, 2026
Meeting Date: January 20, 2026
Subject:

Town-wide Landscape Beautification Program
Recommendation:

That the Town Council :

Approve Amendment #1 to Hermann Design Group, Inc. to prepare plans, specifications, and cost estimate for the design of the SR62 Beautification Project in the amount of $85,880.00.

1. Extending the Hermann Design Group on-call contract to December 2027.

2. Authorize the Town manager or designee to sign all related documents.

Prior Review:

On September 16, 2025 the Town Council received an update regarding the Town Council’s prior direction to staff requesting development of various projects related to an emphasis on Beautification and enhanced appearance throughout the Town.

On April 5, 2022 the Town Council:

1. Awarded a contract to Hermann Design Group, Inc. for on-call landscape architectural services, and;

2. Authorized the Town Manager to sign all related documents in a form approved by the Town Attorney and make any non-substantive changes, and;

3. Amended the FY21-22 General Fund Budget to allocate $100,000 of Unassigned General Fund Reserve to the Parks Department Professional Services.

Discussion:

The Town has utilized consultants in the past to assist in designing and managing projects to supplement staff. These include situations where the nature of the work is specialized such as:
landscape architectural design, architectural design, electrical design, mechanical design, structural engineering, etc.

The Town received a proposal from Hermann Design Group (HDG) for on-call Landscape

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Architectural Services. HDG specializes in on-call services and is currently working on-call for many other local cities such as: Moreno Valley, Indio, La Quinta, Rancho Mirage, Palm Desert, and Indian Wells. HDG has over 39 years of experience in designing streetscapes, parks and commercial and residential projects. They have extensive experience designing sustainably with drought-tolerant plants, irrigation techniques, water assessments, master planning, and construction.

Having specialized consultants on-call will enable the Town to meet tight schedules when short[1]term work needs to be addressed. On-call contracts will provide adequate design and consulting services when needed and not expose the Town to the long-term burden of hiring additional staff.

As presented to the Town Council on September 16, 2025, Staff have identified the following locations for future landscape beautification projects to align with the Town Council’s direction and vision emphasizing clean up, beautification, and enhanced appearance throughout Town:
• SR 62 & SR 247 Intersection
• SR 62 & Sage Avenue Intersection
• SR 62 – South of Remembrance Park
• SR 62 & Kickapoo Trail Intersection
Council directed staff to obtain a design proposal along with preliminary construction estimates for the 4 locations.

The following are the fees and the preliminary construction cost estimate for the four segments;
Segment Design Fee Preliminary Construction
Estimate
SR62 and Kickapoo $20,895.00 $60,163.00
SR62 and Sage $21,895.00 $189,700.00
SR62 and Dumosa $19,195.00 $56,279.00
SR62 and SR247 $23,895.00 $200,444.00
TOTAL $85,880.00 $506,586.00
The landscape beautification projects represent an ongoing initiative to strengthen the Town’s identity, improve the quality of public spaces, and further demonstrate the Town’s commitment to community enhancement. Following Council discussion, staff will incorporate feedback and return with refined concepts, project phasing options, and potential implementation strategies for future consideration.

Alternatives
None recommended.

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Fiscal Impact:

The Hermann Design Landscape Beautification professional services contract costs of $85,880 can be accommodated by the Measure Y Special Revenue Fund 801 FY2025-26 Amended Budget, which allocates $435,000 toward SR62 Beautification and Monument Signs. As the design phase is completed, staff will return to Council with a budget recommendation for the total project costs.

Attachments

1. Design - Final

2. Design fee- Final

3. Fully Exec-Hermann Design Group, Inc Agrmnt-reduced

4. Amendment #1-Hermann Agreement

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A A A B B B B B B A
A

A B B B B B

B B B B B A A B B B B B B B B A A B B B C C C C C C C C C C C C C C C CC C C C C C C C C C C C C C C

TOWN OF YUCCA VALLEY -
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM TOWN OF YUCCA VALLEY

PRELIMINARY LANDSCAPE PLAN PRELIMINARY LANDSCAPE PLAN
1"=20'
OLD WOMAN SPRINGS RD. INTERSECTION LP1.0
- EXISTING STREET ALIGNMENT

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A
A
A
A

A B B B B B B B B B B A A A
A

A B B B B B B B B B B B B C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C

TOWN OF YUCCA VALLEY -
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM TOWN OF YUCCA VALLEY

PRELIMINARY LANDSCAPE PLAN PRELIMINARY LANDSCAPE PLAN
1"=20'
SAGE AVE. INTERSECTION LP1.1
- EXISTING STREET ALIGNMENT

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B B C C C A B B C C C B B C B B B C C B B C

TOWN OF YUCCA VALLEY -
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM TOWN OF YUCCA VALLEY

PRELIMINARY LANDSCAPE PLAN PRELIMINARY LANDSCAPE PLAN
1"=20'
DUMOSA AVE. INTERSECTION LP1.2
- EXISTING STREET ALIGNMENT

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A
A
A
A

A B B B B B B B B B B B B B B B B B B B B A B C C C C C C C C C C C C C C C C C C C C C C C C C

TOWN OF YUCCA VALLEY -
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM TOWN OF YUCCA VALLEY

PRELIMINARY LANDSCAPE PLAN PRELIMINARY LANDSCAPE PLAN
1"=20'
KICKAPOO TRAIL INTERSECTION LP1.3
- EXISTING STREET ALIGNMENT

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77-899 Wolf Road, Suite 102
Palm Desert, California 92211
(760) 777-9131 • (760) 777-9132 Fax
October 10, 2025
Via Email
Mr. Alex Qishta, P.E.

Public Works Director

TOWN OF YUCCA VALLEY
58928 Business Center Drive
Yucca Valley, CA 92284
Re: Old Woman Springs Road, Sage Road, Kickapoo Trail, and Dumosa Avenue Intersections Landscape Architectural Services
Dear Alex:

The proposal that follows describes the landscape architecture scope of work and fees required for preparing plans that include surveying existing conditions, as well as demolition, construction, landscape, and irrigation plans for the intersections noted above. The preliminary plans for the landscape design will be used for the final drawing and bid package.

We can begin work immediately upon award of the contract and appreciate the opportunity to provide our services to the Town of Yucca Valley. If there are any questions or concerns regarding this proposal, please give me a call at 760-777-9131 or on my cell at 760-774-5070.

Best regards,
HERMANN DESIGN GROUP, INC.

Chris
E. Chris Hermann, ASLA
CLARB Certified Landscape Architect
Principal

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TOWN OF YUCCA VALLEY – HIGHWAY 62 INTERSECTIONS
Landscape Architecture Services
October 10, 2025 Page 1 HERMANN DESIGN GROUP, INC.

SCOPE OF SERVICES
The project area consists of the intersections of Old Woman Springs Road, Sage Road, Kickapoo Trail, and Dumosa Avenue as depicted on the preliminary landscape plans prepared for the existing right of way conditions by Hermann Design Group (HDG). We will use The Altum Group (Altum) as our surveying and civil engineering subconsultant.

I. PRELIMINARY DESIGN SERVICES
Site Visit and Review – Hermann Design Group will review the existing site conditions for grading issues, utilities and other existing site improvements.

Record Boundary – Altum will perform a records search with the applicable governing agencies for right-of-way and record map information in preparation of a digital paper boundary. The digital base file will include a boundary created from record documents only and does not include the field location of existing monuments.

Topography (Aerial) - Altum will contract with a licensed photogrammetrist to provide 1"=20' scale aerial mapping for the project site. Said mapping will have 1’ contours and

0.1’ spot elevations. The digital aerial topography will be accurate so that 90% of all contours will be within half the contour interval and the spot elevations will be within onequarter the contour interval. The horizontal accuracy of 90% of planimetric features shall be better than 1/30th of an inch at the mapping scale. The task includes providing the required office support, setting control and the aerial premarks as required by the photogrammetrist subconsultant. Consultant will prepare a digital topography file (AutoCAD format) which includes the Project with mapping limits indicated with the magenta line on the attached Aerotech Mapping exhibit.

Base Sheets – We will develop base sheets from the civil engineer’s plans. The Town will provide existing as-built street improvement plans, if available in the archives.

Utility Information – We will contact all utility companies serving the area and request information for the location of their underground lines. .

II. FINAL DESIGN SERVICES
We will prepare the following working drawings:

Demolition Plan – We will prepare a plan that illustrates all turf area to be removed, shrubs to be removed and trees/plant material to remain.

Construction Plan and Details – This plan will illustrate all rock, decomposed granite, and cobble in plan view with dimensions, details and selections of materials Planting Plan and Details - This plan will illustrate the location of all new plant material. A plant legend will describe the Latin and common names, sizes and remarks for each plant shown on the plan. Details will be provided as required.

Irrigation Plan and Details – This plan will illustrate the location of all new irrigation components to be installed. Details will be provided as required. Irrigation water budget calculations are included. Water agency submittal and approval are included, if needed.

Construction Specifications and Bid Documents – Detailed project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, and technical specifications will be provided.

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TOWN OF YUCCA VALLEY – HIGHWAY 62 INTERSECTIONS
Landscape Architecture Services
October 10, 2025 Page 2 HERMANN DESIGN GROUP, INC.

Opinion of Probable Construction Cost - We will review and update the existing opinion of probable construction cost and discuss final budgeting with Staff.

III. AGENCY APPROVAL
We will submit to all plans, specifications, estimates, and/or other necessary documents required to obtain approval. The following plan check submittals are included:
1st Review – 85% Check Plans and Specifications
2nd Review – 100% Check Plans, Specifications
43rd Review – Final (screen check)
We will make revisions as required by the City and resubmit plans for approval. Final plans will be submitted to the Water Agency.

Deliverables:

All approved plans will be provided to the City as PDFs and in the requested AutoCAD version. Specification documents, including technical specifications will be produced in Microsoft Word for Windows format and provided as a PDF. The opinion of probable construction cost will be produced in Excel for Windows format and provided as a PDF.

IV. BIDDING PHASE SERVICES
Pre- Bid Meeting – We will attend the pre-bid conference and answer questions.

Bid Solicitation – We will provide bid assistance to include answering questions from prospective bidders.

V. CONSTRUCTION PHASE SERVICES
Construction Observation Services – We will provide construction observation services upon request by the City. The following construction observations are recommended:

1. Review rock and boulder layout

2. Review of plant material locations prior to installation

3. Review of irrigation mainline test

4. Review of emitter placement

6. Review final installation and irrigation coverage

7. Final punch list
We will also respond to requests for information and provide clarification on plans as required.

Final As-Built drawings will be prepared by the contractor and reviewed by HDG for acceptance as a project record.

VI. MEETINGS AND COORDINATION
We have included an hourly allowance for meetings and coordination related to landscape design with the client/owner/architectural designer/civil engineer. Services (if requested) will be provided per Attachment -1 and -2.

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TOWN OF YUCCA VALLEY – HIGHWAY 62 INTERSECTIONS
Landscape Architecture Services
October 10, 2025 Page 3 HERMANN DESIGN GROUP, INC.

FEES AND CHARGES
Our fees will be billed on a lump sum basis according to our normal hourly rates per Attachment -1 unless otherwise noted. Should invoices age past 60 days, all work will cease until such time as account is made current. All reprographic services will be billed directly to the client via the blueprint company of client’s choice. All other reimbursable expenses will be billed in accordance with Attachment -1.

OLD WOMAN SPRINGS ROAD
I. PRELIMINARY DESIGN SERVICES $ 6,500.00
II. FINAL DESIGN SERVICES 6,945.00
III. AGENCY APPROVAL 2,500.00
IV. BIDDING PHASE SERVICES 1,500.00
V. CONSTRUCTION PHASE SERVICES (HOURLY ALLOWANCE) 3,450.00 VI. MEETINGS AND COORDINATION (HOURLY ALLOWANCE) 2,500.00 REIMBURSABLES (BILLED AS INCURRED) 500.00
TOTAL FEE – OLD WOMAN SPRINGS ROAD $23,895.00

SAGE AVENUE
I. PRELIMINARY DESIGN SERVICES $ 6,500.00
II. FINAL DESIGN SERVICES 6,945.00
III. AGENCY APPROVAL 1,500.00
IV. BIDDING PHASE SERVICES 1,500.00
V. CONSTRUCTION PHASE SERVICES (HOURLY ALLOWANCE) 3,450.00 VI. MEETINGS AND COORDINATION (HOURLY ALLOWANCE) 1,500.00 REIMBURSABLES (BILLED AS INCURRED) 500.00
TOTAL FEE – SAGE AVENUE $21,895.00

KICKAPOO TRAIL
I. PRELIMINARY DESIGN SERVICES $ 6,500.00
II. FINAL DESIGN SERVICES 6,945.00
III. AGENCY APPROVAL 1,500.00
IV. BIDDING PHASE SERVICES 1,500.00
V. CONSTRUCTION PHASE SERVICES (HOURLY ALLOWANCE) 2,450.00 VI. MEETINGS AND COORDINATION (HOURLY ALLOWANCE) 1,500.00 REIMBURSABLES (BILLED AS INCURRED) 500.00
TOTAL FEE – KICKAPOO TRAIL $20,895.00

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TOWN OF YUCCA VALLEY – HIGHWAY 62 INTERSECTIONS
Landscape Architecture Services
October 10, 2025 Page 4 HERMANN DESIGN GROUP, INC.

DUMOSA AVENUE
I. PRELIMINARY DESIGN SERVICES $5,800.00
II. FINAL DESIGN SERVICES 5,945.00
III. AGENCY APPROVAL 1,500.00
IV. BIDDING PHASE SERVICES 1,500.00
V. CONSTRUCTION PHASE SERVICES (HOURLY ALLOWANCE) 2,450.00 VI. MEETINGS AND COORDINATION (HOURLY ALLOWANCE) 1,500.00 REIMBURSABLES (BILLED AS INCURRED) 500.00
DUMOSA TOTAL FEE $19,195.00
GRAND TOTAL – FOUR INTERSECTIONS $85,880.00
All provisions of Attachment -1 and Attachment -2 are an integral part of this proposal as if herein written in full. This agreement represents the entire and integrated agreement between the Client and the Landscape Architect and supersedes all prior negotiations, representations or agreements, either written or oral.

This proposal shall be deemed to expire within 45 days of proposal date if not fully executed.

APPROVED:

TOWN OF YUCCA VALLEY (“Client”)
BY: ________________________________________________ DATE: _______________ Printed Name and Title: ____________________________
HERMANN DESIGN GROUP, INC. (“Landscape Architect”)
BY: ________________________________________________ DATE: _______________ E. Chris Hermann, PLA
CLARB Certified Landscape Architect
President

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TOWN OF YUCCA VALLEY – HIGHWAY 62 INTERSECTIONS
Landscape Architecture Services
October 10, 2025 Page 5 HERMANN DESIGN GROUP, INC.

ATTACHMENT -1

NORMAL HOURLY RATES
Principal Landscape Architect/Principal Planner $195.00 per hour Construction Manager 185.00 per hour
Landscape Architect 150.00 per hour
Project Manager/Associate 135.00 per hour
Irrigation Designer 135.00 per hour
Senior Designer 125.00 per hour
Professional Staff/Specification Writer 105.00 per hour Designer 95.00 per hour
Draftsperson 85.00 per hour
Administrative Staff 75.00 per hour

OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of their services for coordination.

REIMBURSABLES
Reimbursable items, such as the cost of reprographic services, soil samples, plan check fees, and auto travel outside the Coachella Valley will be charged at our cost plus 10%.

OVERTIME REQUESTS
It is the landscape architect's responsibility to schedule the project's completion under normal conditions without the use of the staff on an overtime basis. If the Client adjusts the deadline or requests that work be completed earlier than originally scheduled and thus requires overtime, the fees shall be adjusted to cover the increased costs incurred by the landscape architect. The hourly rates for overtime will be one and one-half (1-1/2) times the hourly rates above.

TIMES AND CONDITIONS OF PAYMENT
We will bill on a monthly basis in proportion to the time spent on the project to date. All billing statements are due upon receipt. Interest will be charged at the rate of 1-1/2% per month on the past due balance ninety days and over. Due to increases in wages/benefits, fees and hourly rates are subject to an annual increase of 6%.

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TOWN OF YUCCA VALLEY – HIGHWAY 62 INTERSECTIONS
Landscape Architecture Services
October 10, 2025 Page 6 HERMANN DESIGN GROUP, INC.

ATTACHMENT -2

ADDITIONAL SERVICES
Additional services shall be performed only when requested or approved by the Client.

Compensation for such services shall be in accordance with our Normal Hourly Rates and Reimbursable Items, per Attachment -1. Additional services may include, but are not limited to:

1. Revising previously approved drawings to accomplish changes ordered by the Client.

2. Revisions or modifications to documents, drawings, or specifications when such revisions or modifications are inconsistent with approvals or instructions previously given or are required by the enactment or revision of codes or laws by governmental agencies having jurisdiction over the project subsequent to the preparation of such documents, drawings, or specifications.

3. Attending any public hearings or meetings if they exceed the hourly allowance.

4. Work requested by the Client that is not heretofore mentioned including site construction and pool/spa design.

CLIENT'S RESPONSIBILITY

1. Complete information concerning available services and utilities.

2. The cost of structural, electrical, if later required.

The landscape architect will be entitled to rely on the adequacy and accuracy of the information provided by Client or Client’s consultants and representatives.

OWNERSHIP OF DOCUMENTS
Hermann Design Group grants its Client a nonexclusive license to use landscape architectural documents as described in this agreement provided the Client performs in accordance with the terms of this agreement. No other license is implied or granted under this agreement. All instruments of professional service prepared by the landscape architect, including but not limited to: drawings, specifications and all digital files, are the property of the landscape architect. These documents shall not be reused on other projects without the landscape architect’s written permission. Hermann Design Group retains all rights, including copyrights, in its documents.

INDEMNIFICATION
The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Landscape Architect, its officers, directors, employees and subconsultants against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the Client’s negligent acts in connection with the Project and the acts of its contractors, subcontractors or other consultants or anyone for whom Client is legally liable. The Landscape Architect agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the Landscape Architect’s negligent performance of landscape architecture services under this Agreement and that of its subconsultants or anyone for whom the Landscape Architect is legally liable. Neither the Client nor the Landscape Architect shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence or for the negligence of others.

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TOWN OF YUCCA VALLEY – HIGHWAY 62 INTERSECTIONS
Landscape Architecture Services
October 10, 2025 Page 7 HERMANN DESIGN GROUP, INC.

CONSEQUENTIAL DAMAGES
Notwithstanding any other provision of this agreement, and to the fullest extent permitted by law, neither the Client nor the Landscape Architect, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages that either party may have incurred from any cause of action including negligence, strict liability, and breach of contract. Both the Client and the Landscape Architect shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project.

THIRD-PARTY BENEFICIARIES
Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Landscape Architect. The Landscape Architect’s services under this agreement are being performed solely for the Client’s benefit, and no other party or entity shall have any claim against the Landscape Architect because of this agreement or the performance or nonperformance of services hereunder. The Client and the Landscape Architect agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this project to carry out the intent of this provision.

LIMITATION OF LIABILITY
The Client agrees to limit the landscape architect's liability to the Client and to all construction contractors and subcontractors on the project due to the landscape architect's negligent acts, errors or omission, such that the total aggregate liability of the landscape architect shall not exceed the amount of the landscape architect's contractual fee. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.

OPINIONS OF PROBABLE CONSTRUCTION COSTS
The landscape architect has no control over the cost of labor, materials, or equipment, or over the contractor's method of determining prices, or over competitive bidding or market conditions.

Our opinions of probable construction costs provided for herein are to be made on the basis of our firm's experience and qualifications. These opinions represent our best judgment due to our familiarity with the construction industry. However, we cannot and do not guarantee that proposals, bids, or the construction cost will not vary from opinions of probable cost prepared by us. If the Client wishes greater assurance as to the construction cost, he shall employ an independent cost estimator.

TERMINATION OF AGREEMENT
This agreement may be terminated by either party upon seven (7) days written notice via registered mail, should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others, the landscape architect shall be paid his compensation for expenses then due. If a dispute arises under this contract and litigation is instituted, the prevailing party shall be entitled to recover its reasonable attorney fees.

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TOWN OF YUCCA VALLEY – HIGHWAY 62 INTERSECTIONS
Landscape Architecture Services
October 10, 2025 Page 8 HERMANN DESIGN GROUP, INC.

DISPUTE RESOLUTION
Client and landscape architect agree to mediate disputes arising out of or relating to this agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to both parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any demand for mediation be made after such a claim or dispute would be barred by applicable law. Mediation fees shall be shared equally.

NOTICE
Landscape architects are regulated by The State of California. Any questions concerning a landscape architect may be referred to The Landscape Architects Technical Committee, 2420 Del Paso Road, Suite 105, Sacramento, CA 95834 (916) 575-7230.

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Page 1 of 2 ends

AMENDMENT 1
TO THE PROFESSIONAL SERVICES AGREEMENT DATED APRIL 26, 2022,

BY AND BETWEEN TOWN OF YUCCA VALLEY AND HERMANN DESIGN GROUP, INC., FOR ON-CALL ARCHITECTURAL LANDSCAPE DESIGN SERVICES This amendment (hereinafter referred to as the “AMENDMENT”) to an agreement (hereinafter “AGREEMENT”) is made and entered into this 20th day of January 2026, by and between the Town of Yucca Valley (hereinafter "TOWN"), and Hermann Design Group, Inc. (hereinafter “CONTRACTOR”), sometimes referred to individually as the “PARTY” and collectively as “PARTIES”, for inspection services.

RECITALS
A. On April 26, 2022, the TOWN and the CONTRACTOR entered into an AGREEMENT for On-Call Architectural Landscape Design services in the amount of $100,000.00 for the term of two years with an additional two (2) years upon mutual Agreement by both parties.

B. The Town received a proposal from Hermann Design Group (HDG) for on-call Landscape Architectural Services to prepare plans, specifications, and estimates for Town-wide Landscape Beautification Program in the amount of $85,880.00.

TERMS

1. SECTION 4. COMPENSATION AND METHOD OF PAYMENT, of the original AGREEMENT is hereby amended to read as follows:

Subject to any limitations set forth in this Agreement, Town agrees to pay Design Professional the amounts specified in Exhibit “B” ”Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Eighty Five Thousand Eight Hundred and Eight Dollars ($185,880.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8.

2. EXHIBIT “B” COMPENSATION, Section IV. of the original AGREEMENT is hereby amended to read as follows:

V. The total compensation for the Services shall not exceed $185,880.00 as provided in Section 4 of this Agreement.

This Amendment provides for a $85,880.00 increase to the contract amount from $ 100,00.00 to $ 185,880.00.

Except as amended by this Amendment 1, all provisions of the original AGREEMENT shall remain in full force and effect and shall govern the actions of the parties under this Amendment.

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Page 2 of 2 ends

AMENDMENT 1
TO THE PROFESSIONAL SERVICES AGREEMENT DATED APRIL 26, 2022,

BY AND BETWEEN TOWN OF YUCCA VALLEY AND HERMANN DESIGN GROUP, INC., FOR ON-CALL ARCHITECTURAL LANDSCAPE DESIGN SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1 on the date first herein above written.

Town of Yucca Valley Hermann Design Group, Inc.

By: _______________________________ By: _________________________________ Curtis Yakimow, Town Manager
ATTEST:
___________________________________
Lesley Copeland, Town Clerk

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Item: 19.

Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Jared Jerome, Associate Planner, Evan Willoughby, Assistant Planner, Shane Stueckle, Deputy Town Manager
Date: January 16, 2026
Meeting Date: January 20, 2026
Subject: Temporary Short-Term Term Vacation Rental - Ordinance Review and GIS Map Presentation
Recommendation:

That the Town Council receives and files the report and provides direction to staff, if desired, regarding potential revisions to the adopted TSTVR ordinance.

Prior Review:

The Town's first TSTVR regulations were adopted effective December 1, 2017.

The Town Council introduced the current regulations at their meeting of February 6, 2024, and adopted the current regulations at their meeting of March 5, 2024.

Discussion:

The current maximum cap adopted for calendar year 2026 is 791 TSTVR permits and there are approximately 664 active TSTVR permits as of the time of writing this staff report. The number of permits varies on a daily basis, but that number has remained stable relative to the last update provided to Town Council on February 6, 2024, of approximately 670 active permits.

Based upon feedback and comments received, the Town Council may consider potential changes to the current ordinance, recommended but not limited to the following general category.
• Enhancing the function of compliance mechanisms to address nuisances and noncompliant operators.

Town staff will provide the Town Council with a presentation on the Town's Temporary ShortTerm Vacation Rental GIS Map, which is located on the Town's website and accessible through the link below.

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https://experience.arcgis.com/experience/3b8be1ab0aad464999238bb0aee5bf3c Alternatives
N/A
Fiscal Impact:

N/A
Attachments

1. ORD 312 TSTVR

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ORDINANCE NO. 312

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, REPEALING AND RESTATING IN ITS ENTIRETY CHAPTER 5.40,

TEMPORARY SHORT TERM VACATION RENTAL PERMIT
WHEREAS, from t ime to time it is necessary for the Town Council to adopt and amend regulations for various activities within the Town; and WHEREAS, the Town Council has established regulations for Temporary Short Term Vacation Rentals and the associated permits for those Rentals; and WHEREAS, the Town Council desires to amend those regulations based upon changing conditions within the Town.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA1 ORDAINS AS FOLLOWS.

SECTION 1: Chapter 5.40, Temporary Short Term Vacation
SECTION:

5.40.010:

5.40.020:

5.40.030:

5.40.040:

5.40.050:

5.40.060:

5.40.070:

5.40.080:

5.40.090:

5.40.100

5.40.110

5.40.120

5.40.130

5.40.140

5.40.150

5.40.160

5.40.170
Rental Permit is repealed and restated in its entirety as follows.

TEMPORARY SHORT-TERM VACATION RENTAL PERMIT
Purpose
Definitions
Authorized Agent or Representative
Temporary Short-Term Vacation Rental Permit - Required
Temporary Short-Term Vacation Rental Permit - Application Operational Requirements and Standard Conditions
Additional Development Standards
Nuisance Response Plans
Maximum Number of Temporary Short-Term Vacation Rental Permits Recordkeeping Duties
Permit Administration, Amendments, Revocations and Violations Verified Short-Term Vacation Rental Permit Operational Violations Director's Meetings
Expiration of Permits
Abandonment
Application Waiting List Procedure
Transferability

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5.40.010: PURPOSE:

The purpose of this chapter is to establish regulations for the temporary use of privately owned single-family residential dwellings that are used as short-term vacation rentals and to ensure the collection and payment of transient occupancy taxes as provided in Chapter 3.24 of the Town Code and minimize the negative secondary effects of such use on surrounding residential properties and residents. The permitting process, standards, and regulations contained herein are intended and designed to ensure the public health, welfare and safety, and tranquility, peace, quiet, preservation of the dark night sky, and low-density desert characteristics of Yucca Valley neighborhoods are not altered, affected, or minimized in any manner or form by the operation of Temporary Short-Term Vacation Rentals.

This chapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants, and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property for short-term vacation rental purposes as defined in this Chapter.

5.40.020: DEFINITIONS:

For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:

APPLICABLE LAWS, RULES
AND REGULATIONS:

APPLICANT:

AUTHORIZED AGENT OR
REPRESENTATIVE:

BEDROOM:

Any laws, rules, regulations, and codes {whether
local, state, or federal) pertaining to the use and
occupancy of a privately owned dwelling unit as a
short-term vacation rental, and includes all rules,
standards, regulations, and laws as established by
the Yucca Valley Town Code in its entirety.

The owner of the short-term vacation rental unit or
the owner's authorized agent or representative.

The designated agent or representative who, in
addition to the property owner, is responsible for
compliance with this chapter with respect to the
short-term vacation rental.

Bedroom means a private room in the short-term
vacation rental unit for sleeping, separated from
other rooms and with no less than 70 square feet of
floor area. Kitchens, bathrooms, toilet rooms, living
rooms, dens, dining areas, halls, closets, storage or
utility spaces, and similar areas are not considered

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Yucca Valley City CouncilJanuary 20, 2026

Yucca Valley City Council
January 20, 2026