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.
TOWN COUNCIL: 5:00 PM
TUESDAY, JULY 21, 2026
Yucca Valley Community Center - Yucca Room
57090 Twentynine Palms Hwy
Yucca Valley, Ca 92284
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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, JULY 21, 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:
Call to Order
Roll Call
Council Members Denison, Drozd, Lombardo, Schooler, and Mayor Abel Pledge of Allegiance
Invocation
Presentations, Introductions, Recognitions
Approval of Agenda
1. Agenda Approval
Recommendation:
Approve the meeting agenda as prepared.
Consent Agenda
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.
2. Minutes
Recommendation:
Approve the meeting minutes of Tuesday, June 16, 2026 as presented.
3. Rejection of Claim
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Recommendation:
Reject one Claim filed against the Town of Yucca Valley submitted on May 18, 2026, by Mary Gonsalves.
4. Adoption of Safety Programs
Recommendation:
That the Town Council approves the adoption and implementation of the following three safety programs to ensure compliance with Cal/OSHA regulations.
5. Consideration of Participation in the Coalition to Reform California's Tort Liability System
Recommendation:
1. Authorize the Town of Yucca Valley to join the Coalition to Reform California’s Tort Liability System; and
2. Authorize the Town Manager to execute any documents necessary to participate in the coalition including providing the Town’s logo for collateral.
6. Approval of Updated Section 125 Benefit Plan Document.
Recommendation:
That the Town Council approves the draft amended Section 125 Cafeteria Plan Document, subject to non-substantive changes and/or edits.
7. AB1234 Reporting Requirements
Recommendation:
Receive and file the AB1234 Reporting Requirement Schedule for the month of June 2026.
8. Ratification of Warrant Registers
Recommendation:
Ratify the Payroll Register Correction totaling $2,855.17 dated May 28, 2026. Ratify the Payroll Registers totaling $306,093.51 dated June 05, 2026, and $380,509.91 dated June 18, 2026. Ratify the Warrant Register totaling $6,732,811.86 for the period of June 1, 2026, through June 30, 2026.
9. Resolution No. 26-XX: Measure I Five-Year Capital Improvement Program, 2026/2027 to 2030/2031, Measure I Expenditure Strategy
Recommendation:
That the Town Council adopts Resolution No. 26-xx approving the Measure I FiveYear Capital Improvement Program and Expenditure Strategy for Fiscal Years 2026/2027 to 2030/2031.
10. On-Call Concrete Repair and Replacement Maintenance Services – Award of Maintenance Services Contract
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Recommendation:
That the Town Council awards a two (2) year maintenance service contract to MD Concrete, authorizing the Mayor, Town Manager, and Town Attorney to sign the Town’s standard professional services agreement and related documents, in the notto-exceed amount of $200,000.00 each year for on-call concrete repair and replacement maintenance services.
11. Cooperative Agreement with San Bernardino County to Conduct Preventative Maintenance and Rehabilitation on Various Roads in the Yucca Valley Area.
Recommendation:
That the Town Council approves the Aberdeen Drive and Other Roads Agreement with San Bernardino County for pavement preventative maintenance and rehabilitation of roadway surfaces on various road projects in the Yucca Valley area in the amount not to exceed $48,000.00 and $5,000.00 contingency.
12. Treasurer's Report for the Quarter Ending June 30, 2026 Recommendation:
Receive and file the Treasurer’s Report for the fourth quarter of FY2025-26.
13. Hi-Desert Nature Museum Re-Plumbing Project – Town Project No. 8067 Recommendation:
1. Approve the award of a construction contract with Haus ADU LLC., in the amount of $36,320.00 for the Hi-Desert Nature Museum Replumbing Project, and a construction contingency of $8,680;
2. Authorize construction, construction contingencies, and inspection costs in the total amount of $50,000.00; and
3. Authorize the Mayor, Town Manager, and Town Attorney to execute the agreement, and authorizes the Town Manager to expend contingency funds, if necessary, for project completion.
Department Reports
14. YV ARC Quarterly Project Update
Recommendation:
That the Town Council receive and file the YV ARC quarterly project update.
15. Tripepi Smith Communication Services - Professional Services Agreement Recommendation:
Approve a multi-year professional services agreement with Tripepi Smith for general and special communication services through June 30, 2028 for $8,550 monthly retainer AND authorize the Town Manager to negotiate and execute a professional services agreement for the same.
16. Independence Day Event Recap
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Recommendation:
Receive and file the Independence Day Event Recap and provide direction regarding future Independence Day events.
17. Investment Policy for FY2026-28
Recommendation:
Review and approve the FY 2026-28 Investment Policy; and receive and file the Chandler Investment Portfolio Update
18. Designation of Voting Delegate and Alternates – League of California Cities Annual Conference and Expo (September 23–25, 2026)
Recommendation:
Designate one Council Member to serve as the Voting Delegate, and one Council Member to serve as Alternate, to represent the Town of Yucca Valley at the General Assembly during the 2026 League of California Cities Annual Conference and Expo on September 25, 2026.
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.
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, August 18, 2026 at 5:00 PM in the Yucca Valley Community Center Yucca Room.
Town of Yucca Valley
Town Council Meeting Minutes
June 16, 2026
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
Town Attorney Jex stated there was no reportable action.
Call to Order
Mayor Abel called the meeting to order at 5:02 PM.
Roll Call
Present: Merl Abel, Jeff Drozd, Jim Schooler, Robert Lombardo Excused: Rick Denison
Pledge of Allegiance
Led by Mayor Pro Tem Schooler.
Invocation
Invocation led by Pastor Bill Wilcox from Hosanna Hope.
Approval of Agenda
2. Agenda Approval
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Motion:
Approve meeting agenda as prepared.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Mayor Pro Tem Jim Schooler
Ayes: Merl Abel, Jeff Drozd, Jim Schooler, Robert Lombardo Consent Agenda
Mayor Abel opened public comments. With no members of the public wishing to speak, public
comments were closed.
3. Minutes
Motion:
Approve the meeting minutes of Tuesday, June 2, 2026 as presented.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Jeff Drozd
Ayes: Merl Abel, Jeff Drozd, Jim Schooler, Robert Lombardo
4. Resolution No. 26-XX; Ratification of County Fire Code; State of California Health and Safety Code Section 13869.7
Motion:
Adopt Resolution 26-23, ratifying the County of San Bernardino Fire Protection District, Ordinance No. FPD 26-02, and directs the Town Clerk to transmit the Resolution to San Bernardino County.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Jeff Drozd
Ayes: None
5. Yucca Valley Aquatic and Recreation Center Project – Town Project 6009 Consultant Services Additional Funds
Motion:
Approve the contract amendments:
1. Approve an increase in the amount of $65,000.00/month until project completion to SAFEWORKCM;
2. Approve an increase in the amount of $9,000.00/month until project completion to Dahlin Architectural; and
3. Approve an increase in the amount of $40,000.00/month until project completion to HMC Architects.
4. Approve Items #1 through #3 above through project completion or through January 31, 2027, which ever occurs first.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Jeff Drozd
Ayes: None
6. AB1234 Reporting Requirements
Motion:
Receive and file the AB1234 Reporting Requirement Schedule for the month of May 2026.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Jeff Drozd
Ayes: None
7. Ratification of Warrant Registers
Motion:
Ratify the Payroll Registers totaling $292,424.62 dated May 08, 2026, and $362,008.95 dated May 22, 2026. Ratify the Warrant Registers totaling $3,575,720.64 for the period of May 1, 2026, through May 31, 2026.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Jeff Drozd
Ayes: None
8. Fleet Vehicle Purchase Confirmation
Motion:
Receive and file the confirmation of the Fleet Vehicle Purchase Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Jeff Drozd
Ayes: None
9. Approval of Real Property Donation Agreement for APN 0595-171-04 – San Bernardino County Fire Station 41
Motion:
1. Approve the Real Property Donation Agreement between the Town of Yucca Valley (“Donor”) and the San Bernardino County Fire Protection District (“Donee”) for the conveyance of APN 0595-171-04 (Fire Station 41 site); and
2. Authorize the Town Manager, or designee, to execute all documents necessary to complete the conveyance and related escrow and recording actions, and to make non-substantive revisions as necessary.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Jeff Drozd
Ayes: None
10. Ordinance 334 - Second Reading- Adopting Specific Plan 01-04, Amendment #2, To the Yucca Valley Retail Center Specific Plan
Motion:
That the Town Council adopts Ordinance 334 entitled:
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, ADOPTING SPECIFIC PLAN 01-04, AMENDMENT #2, TO THE YUCCA
VALLEY RETAIL CENTER SPECIFIC PLAN
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Jeff Drozd
Ayes: None
Department Reports
11. Approval of Lease Agreement with Yucca Valley BMX for Operation of the Town BMX Facility
Mayor Abel recused himself from consideration of this agenda item and left the room.
Recreation Supervisor Kusmieruk presented the staff report regarding approval of a lease agreement with Yucca Valley BMX for operation of the Town BMX facility.
Heather Quintana from Yucca Valley and member of the Basin Wide Foundation, expressed support for the agreement and the efforts to restore the BMX facility as a community asset for local youth.
With no other members of the public wishing to speak, public comments were closed.
Council Members shared comments in support of the agreement and reflected on the facility's positive impact and history within the community.
Motion:
1. Approve the Lease Agreement between the Town of Yucca Valley and Yucca
Valley BMX, operating under the fiscal sponsorship of Basin Wide Foundation, for operation and management of the Town BMX Facility; and
2. Authorize the Town Manager to execute the Lease Agreement and any minor non-substantive revisions approved by the Town Attorney.
Result: Passed (Yes 3, No 0, Abstained 1)
Mover: Council Member Robert Lombardo
Seconder: Council Member Jeff Drozd
Ayes: Jeff Drozd, Jim Schooler, Robert Lombardo
12. Professional Services Agreement with Morongo Basin Humane Society Town Manager Yakimow provided the staff report for the Professional Services Agreement with Morongo Basin Humane Society.
Mayor Abel opened public comment.
Cheryl Contopolus expressed support for this noting it would help critters and the community.
With no other members of the public wishing to speak, public comments were closed.
Council Members expressed support for the agreement and discussed the number of animals that may be transferred, implementation of the program, and the anticipated benefits to both organizations, including increased kennel capacity and improved outcomes for animals requiring additional care or adoption assistance.
Motion:
1. Approve a Professional Services Agreement with the Morongo Basin Humane Society (MBHS) for animal transfer, rehabilitation, and rehoming services for the period of July 1, 2026, through June 30, 2028.; and
2. Authorize the Town Manager, or designee, to execute all documents necessary to complete the agreement and to make non-substantive revisions as necessary.
Result: Passed (Yes 4, No 0, Abstained 0)
Mover: Mayor Merl Abel
Seconder: Mayor Pro Tem Jim Schooler
Ayes: Merl Abel, Jeff Drozd, Jim Schooler, Robert Lombardo
13. Resolution No. 26-XX: Town of Yucca Valley, FY 2026-2027, SB 1, Road Maintenance
and Rehabilitation Account (RMRA): Approval of the project list; Authorization to Submit the Town’s Project List to the California Transportation Commission.
Public Works Director Qishta presented the staff report regarding the Town's Fiscal Year 2026–2027 SB 1 Road Maintenance and Rehabilitation Account (RMRA) project list and authorizing its submittal to the California Transportation Commission.
Staff provided an overview of the SB 1 funding program and the project selection process.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Members discussed the proposed slurry seal and cape seal projects, including funding and the use of SB 1 funds for roadway maintenance improvements.
Future Agenda Items
There were no future agenda items requested by the Town Council.
Public Comments
Mayor Abel opened public comment.
Gina Pasquini spoke in support of bringing the rodeo back to the Town of Yucca Valley and encouraged the Town to partner in its return.
Abby Olea, age 17, Lucy Olea, age 12, and Vivian Ripley also expressed support for reestablishing the rodeo, citing its value to the community and local opportunities.
Cheryl Contapolis commented on recent power outages and urged continued efforts to improve electrical reliability.
Asia, Town resident, addressed the Town's residential chicken ordinance and requested that the Council consider updating the current lot size requirements.
With no other members of the public wishing to speak, public comment was closed.
Staff Reports and Comments
Public Works Director Qishta provided updates on the pickleball court project and monument sign projects.
Recreation Supervisor Kusmieruk highlighted recent recreation and senior center activities, museum exhibits, aquatic program registration, youth and adult recreation programs, and the Independence Day celebration.
Deputy Town Manager Stueckle provided an Western Joshua Tree update.
Town Manager Yakimow reported on ongoing legislative advocacy efforts, encouraged the public to visit Hi-Desert Water District's sewer project webpage for updates, and stated that Town staff will continue working with Southern California Edison to advocate for improved electrical reliability.
Mayor and Council Member Reports and Comments
Council Member Drozd expressed enthusiasm for the BMX program and support for efforts to bring the rodeo back to Yucca Valley. He also commented on recent power outages, thanked Town staff, and encouraged the community to attend the Independence Day celebration.
Council Member Lombardo shared support for the return of BMX and the rodeo, commended the young public speakers for their remarks, expressed support for reviewing the residential chicken ordinance, thanked first responders, and encouraged attendance at the Independence Day celebration.
Mayor Pro Tem Schooler expressed support for the return of BMX and the rodeo and thanked community members for their involvement. He also highlighted the success of the ReptiPalooza event at the museum and commended staff for organizing the event.
Mayor Abel expressed excitement about the opening of the Town pool, thanked the Town Manager and Town Attorney for their dedication and availability, and expressed appreciation to Town staff for their continued efforts.
Announcements
Mayor Abel announced that the Town Council would not meet on July 7, and that the next regularly scheduled Town Council meeting would be held on July 21, 2026.
Mayor Abel adjourned the regular meeting to closed session at 06:03 PM Respectfully Submitted,
Brooke Dudra
Town Clerk
Item: 3.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Debra Breidenbach, Human Resources and Risk Manager Date: June 2, 2026
Meeting Date: July 21, 2026
Subject: Rejection of Claim
Recommendation:
Reject one Claim filed against the Town of Yucca Valley submitted on May 18, 2026, by Mary Gonsalves.
Prior Review:
There has been no prior 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
Item: 4.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Debra Breidenbach, Human Resources and Risk Manager Date: June 4, 2026
Meeting Date: July 21, 2026
Subject: Adoption of Safety Programs
Recommendation:
That the Town Council approves the adoption and implementation of the following three safety programs to ensure compliance with Cal/OSHA regulations.
Prior Review:
There has been no prior review on this item.
Discussion:
In order to maintain compliance with Cal/OSHA requirements and ensure a safe working environment for all employees, the Town has developed three comprehensive safety programs.
These programs address specific workplace hazards and establish procedures, training requirements, and safety protocols necessary to protect employees from occupational exposure risks.
• Hazard Communication Program
This program ensures that employees are informed about hazardous chemicals present in the workplace. It includes requirements for proper labeling, Safety Data Sheets (SDS), and employee training to promote safe handling and use of chemicals. • Respirable Crystalline Silica Program
This program addresses employee exposure to respirable crystalline silica, which may be generated during activities such as construction, maintenance, or landscaping. The program establishes exposure control methods, engineering controls, and required protective measures to reduce health risks.
• Bloodborne Pathogen Exposure Control Plan
This program is intended to protect employees who may be exposed to blood or other potentially infectious materials. It outlines procedures for exposure prevention, use of personal protective equipment (PPE), training, and post-exposure response in accordance with regulatory requirements.
Implementation of these programs will formalize existing safety practices, enhance employee training, and reduce the risk of workplace injuries and illnesses. Additionally, adoption ensures the Town remains compliant with state regulatory requirements and minimizes potential liability.
Alternatives
None.
Fiscal Impact:
There is minimal impact associated with the adoption of these programs. Potential costs may include training, personal protective equipment and administrative time, all of which can be accommodated within the adopted FY 2026/28 budget.
Attachments
1. Respirable-Crystalline-Silica-Program-1
2. Bloodborne-Pathogen-Program-TOYV
3. TOYV HAZARD COMM PROGRAM
Town of Yucca Valley
Respirable Crystalline Silica Program
6/16/2026
Table of Contents
Table of Contents
Purpose ..................................................................................................................................... 1 Scope ........................................................................................................................................ 1 Responsibilities .......................................................................................................................... 1 Definitions………………………………………………………………………………………………….6
Requirements……………………………………………………………………………………………..7
Program Evaluation………………………………………………………………………………………………………………….23
Purpose
This Respirable Crystalline Silica Program was developed to prevent employee exposure to hazardous levels of respirable crystalline silica that could result through construction activities or nearby construction activities occurring on worksites. Respirable crystalline silica exposure at hazardous levels can lead to lung cancer, silicosis, chronic obstructive pulmonary disease, and kidney disease. It is intended to meet the requirements of the Occupational Exposures to Respirable Crystalline Silica Regulation (CCR Title 8, Section 5204) established by the State of California Department of Industrial Relations (Cal/OSHA).
All work involving chipping, cutting, drilling, grinding, or similar activities on materials containing crystalline silica can lead to the release of respirable-sized particles of crystalline silica (i.e., respirable crystalline silica). Crystalline silica is a basic component of soil, sand, granite, and many other minerals. Quartz is the most common form of crystalline silica. Many materials found on construction sites contain crystalline silica, including but not limited to cement, concrete, asphalt, pre-formed structures (inlets, pipe, etc.). Consequently, this program has been developed to address and control these potential exposures to prevent our employees from experiencing the effects of occupational illnesses related to respirable crystalline silica exposure.
Scope
This Respirable Crystalline Silica Program applies to all employees who have the potential to be exposed to respirable crystalline silica when covered by the Cal/OSHA regulation. The Cal/OSHA Occupational Exposures to Respirable Crystalline Silica Regulation applies to all occupational exposures to respirable crystalline silica in construction work, except where employee exposure will remain below 25 micrograms of respirable crystalline silica per cubic meter of air (25 μg/m3) as an 8-hour time-weighted average (TWA) under any foreseeable conditions.
Responsibilities
The Town of Yucca Valley firmly believes protecting the health and safety of our employees is everyone’s responsibility. This responsibility begins with upper management providing the necessary support to properly implement this program. However, all levels of the organization assume some level of responsibility for this program including the following positions.
Respirable Crystalline Silica Program Administrator (Human Resources and Risk Manager):
• Ensure managers, lead workers, site managers, supervisors and employees are educated in the hazards of silica exposure and trained to work safely with silica in accordance with Cal/OSHA’s Occupational Exposures to Respirable Crystalline Silica Regulation and Cal/OSHA’s Hazard Communication Standard.
• Maintain written records of training (for example, proper use of respirators), inspections (for equipment, personal protective equipment, and work methods/practices), medical
• surveillance (under lock and key), respirator medical clearances (under lock and key), and fit-test results.
• Conduct an annual review (or more often if conditions change) of the effectiveness of this program. This includes a review of available dust control technologies to ensure these are selected and used when practical.
• Coordinate work with other employers and contractors to ensure a safe work environment relative to silica exposure.
Managers:
• Ensure all applicable elements of this Respirable Crystalline Silica Program are implemented.
• Assist the Program Administrator in conducting jobsite assessments for silica containing materials and perform employee respirable crystalline silica hazard assessments in order to determine if exposure monitoring and medical surveillance is necessary. • Ensure employees using respirators have been properly trained, medically cleared, and fit-tested. This process will be documented.
• Ensure work is conducted in a manner that minimizes and adequately controls the risk to workers and others. This includes ensuring workers use appropriate engineering controls and work practices and wear the necessary personal protective equipment (PPE). • Where there is risk of exposure to silica dust, verify employees are properly trained on the applicable contents of this program and the applicable Cal/OSHA standards (such as hazard communication). Ensure employees are provided appropriate PPE when conducting such work.
Supervisors:
• Conduct jobsite assessments for silica containing materials and perform employee respirable crystalline silica hazard assessments in order to determine if an employee’s exposure will be above 25 μg/m3 as an 8-hour TWA under any foreseeable conditions. • Select and implement the appropriate control measures in accordance with the construction tasks identified in Cal/OSHA’s Table 1 and potentially including (but not limited to) exposure monitoring, hazard communication training, medical surveillance, housekeeping, and others.
NOTE: Cal/OSHA’s Table 1 is a list of 18 common construction tasks along with acceptable exposure control methods and work practices that limit exposure for those tasks.
• Ensure the materials, tools, equipment, PPE, and other resources (such as worker training) required to fully implement and maintain this Respirable Crystalline Silica Program are in place and readily available if needed.
• Make frequent and regular inspections of jobsites, materials, and equipment. • Identify existing and foreseeable respirable crystalline silica hazards in the workplace and take prompt corrective measures to eliminate or minimize them. Notify the manager/supervisor and/or Program Administrator of any deficiencies identified during inspections in order to implement corrective action promptly. • Assist the manager/supervisor and/or Program Administrator in conducting jobsite assessments for silica-containing materials and performing employee respirable crystalline silica hazard assessments in order to determine if an exposure control plan, exposure monitoring, and medical surveillance are necessary.
Employees:
• Follow recognized work procedures (such as the construction tasks identified in Cal/OSHA’s Table 1) as established in this program.
• Use the assigned PPE in an effective and safe manner. • Participate in respirable crystalline silica exposure monitoring. • Report any unsafe conditions or acts to your manager/supervisor.
• Report any exposure incidents or any signs or symptoms of silica illness to your manager/supervisor.
Definitions
Action Level
Action level means a concentration of airborne respirable crystalline silica of 25 μg/m3, calculated as an 8-hour TWA.
Employee exposure
Employee exposure means the exposure to airborne respirable crystalline silica that would occur if the employee were not using a respirator.
High-Efficiency Particulate Air (HEPA) Filter
High-efficiency particulate air (HEPA) filter means a filter that is at least 99.97 percent efficient in removing monodispersed particles of 0.3 micrometers in diameter.
Objective Data
Objective data means information such as air monitoring data from industry-wide surveys or calculations based on the composition of a substance, demonstrating employee exposure to respirable crystalline silica associated with a particular product or material or a specific process, task, or activity. The data must reflect workplace conditions closely resembling or with a higher exposure potential than the processes, types of material, control methods, work practices, and environmental conditions in the employer's current operations.
Permissible Exposure Limit (PEL)
Permissible exposure limit (PEL) means the employer shall ensure no employee is exposed to an airborne concentration of respirable crystalline silica in excess of 50 μg/m3, calculated as an 8-hour TWA.
Physician or Other Licensed Health Care Professional (PLHCP) Physician or other licensed health care professional (PLHCP) means an individual whose legally permitted scope of practice (i.e., license, registration, or certification) allows him or her to independently provide or be delegated the responsibility to provide some or all of the particular health care services required by the Medical Surveillance Section of the Cal/OSHA Respirable Crystalline Silica Standard.
Respirable Crystalline Silica
Respirable crystalline silica means quartz, cristobalite, and/or tridymite contained in airborne particles that are determined to be respirable by a sampling device designed to meet the characteristics for respirable-particle size-selective samplers specified in the International Organization for Standardization (ISO) 7708:1995: Air Quality-Particle Size Fraction Definitions for Health-Related Sampling.
Specialist
Specialist means an American Board Certified specialist in pulmonary disease or an American Board Certified specialist in occupational medicine.
Requirements
Specified Exposure Control Methods
When possible and applicable, the Town of Yucca Valley will conduct activities with potential silica exposure to be consistent with Cal/OSHA’s Table 1. Supervisors will ensure each employee under their supervision and engaged in a task identified on Cal/OSHA’s Table 1 has fully and properly implemented the engineering controls, work practices, and respiratory protection specified for the task on Table 1 (unless we have assessed and limited the exposure of the employee to respirable crystalline silica in accordance with the Alternative Exposure Control Methods Section of this program).
The task(s) being performed by the Town of Yucca Valley identified on Cal/OSHA’s Table 1:
Table 1 - Specified Exposure Control Methods When Working With Materials Containing Crystalline Silica Equipment/task Engineering and work practice control
methods
Required respiratory
protection and minimum
assigned protection
factor(APF)
≤ 4
hours/shift
> 4
hours/shift
(i) Stationary
masonry saws
Use saw equipped with integrated
water delivery system that
continuously feeds water to the blade
Operate and maintain tool in
accordance with manufacturer's
instructions to minimize dust
emissions
None None.
(ii) Handheld power
saws (any blade
diameter)
Use saw equipped with integrated
water delivery system that
continuously feeds water to the blade.
Operate and maintain tool in
accordance with manufacturer's
instructions to minimize dust
emissions:
– When used outdoors None APF 10.
– When used indoors or in an
enclosed area
APF 10 APF 10.
(iii) Handheld power
saws for cutting fibercement board (with
blade diameter of 8
inches or less)
For tasks performed outdoors only:
Use saw equipped with commercially
available dust collection system.
Operate and maintain tool in
accordance with manufacturer's
instructions to minimize dust
emissions. Dust collector must provide
the air flow recommended by the tool
manufacturer, or greater, and have a
filter with 99% or greater efficiency
None None.
Equipment/task Engineering and work practice control
methods
Required respiratory
protection and minimum
assigned protection
factor(APF)
≤ 4
hours/shift
> 4
hours/shift
TW(iv) Walk-behind
saws
Use saw equipped with integrated
water delivery system that
continuously feeds water to the blade
Operate and maintain tool in
accordance with manufacturer's
instructions to minimize dust
emissions:
– When used outdoors None None.
– When used indoors or in an
enclosed area
APF 10 APF 10.
(v) Drivable saws For tasks performed outdoors only:
Use saw equipped with integrated
water delivery system that
continuously feeds water to the blade.
Operate and maintain tool in
accordance with manufacturer's
instructions to minimize dust
emissions
None None.
(vi) Rig-mounted
core saws or drills
Use tool equipped with integrated
water delivery system that supplies
water to cutting surface Operate and
maintain tool in accordance with
manufacturer's instructions to
minimize dust emissions
None None.
Equipment/task Engineering and work practice control
methods
Required respiratory
protection and minimum
assigned protection
factor(APF)
≤ 4
hours/shift
> 4
hours/shift
(vii) Handheld and
stand-mounted drills
(including impact and
rotary hammer drills)
Use drill equipped with commercially
available shroud or cowling with dust
collection system Operate and
maintain tool in accordance with
manufacturer's instructions to
minimize dust emissions.
Dust collector must provide the air flow
recommended by the tool
manufacturer, or greater, and have a
filter with 99% or greater efficiency
and a filter-cleaning mechanism.
Use a HEPA-filtered vacuum when
cleaning holes
None None.
(viii) Dowel drilling
rigs for concrete
For tasks performed outdoors only:
Use shroud around drill bit with a dust
collection system. Dust collector must
have a filter with 99% or greater
efficiency and a filter-cleaning
mechanism. Use a HEPA-filtered
vacuum when cleaning holes
APF 10 APF 10.
(ix) Vehicle-mounted
drilling rigs for rock
and concrete
Use dust collection system with close
capture hood or shroud around drill bit
with a low-flow water spray to wet the
dust at the discharge point from the
dust collector or operate from within
an enclosed cab and use water for
dust suppression on drill bit.
None None
Or operate from within an enclosed
cab and use water for dust
suppression on drill bit
None None
Equipment/task Engineering and work practice control
methods
Required respiratory
protection and minimum
assigned protection
factor(APF)
≤ 4
hours/shift
> 4
hours/shift
(x) Jackhammers
and handheld
powered chipping
tools
Use tool with water delivery system
that supplies a continuous stream
or spray of water at the point of
impact:
– When used outdoors None APF 10.
– When used indoors or in an
enclosed area
APF 10 APF 10.
OR use tool equipped with
commercially available shroud and
dust collection system. Operate and
maintain tool in accordance with
manufacturer's instructions to
minimize dust emissions. Dust
collector must provide the air flow
recommended by the tool
manufacturer, or greater, and have a
filter with 99% or greater efficiency
and a filter-cleaning mechanism:
– When used outdoors None APF 10.
– When used indoors or in an
enclosed area
APF 10 APF 10.
(xi) Handheld
grinders for mortar
removal (i.e.,
tuckpointing)
Use grinder equipped with
commercially available shroud and
dust collection system. Operate and
maintain tool in accordance with
manufacturer's instructions to
minimize dust emissions. Dust
collector must provide 25 cubic feet
per minute (cfm) or greater of airflow
per inch of wheel diameter and have a
filter with 99% or greater efficiency
and a cyclonic pre-separator or filtercleaning mechanism APF 10 APF 25.
Equipment/task Engineering and work practice control
methods
Required respiratory
protection and minimum
assigned protection
factor(APF)
≤ 4
hours/shift
> 4
hours/shift
(xii) Handheld
grinders for uses
other than mortar
removal
For tasks performed outdoors only:
Use grinder equipped with integrated
water delivery system that
continuously feeds water to the
grinding surface. Operate and
maintain tool in accordance with
manufacturer's instructions to
minimize dust emissions
None None.
OR use grinder equipped with
commercially available shroud and
dust collection system. Operate and
maintain tool in accordance with
manufacturer's instructions to
minimize dust emissions. Dust
collector must provide 25 cubic feet
per minute (cfm) or greater of airflow
per inch of wheel diameter and have a
filter with 99% or greater efficiency
and a cyclonic pre-separator or filtercleaning mechanism:
– When used outdoors None None.
– When used indoors or in an
enclosed area
None APF 10.
(xiii) Walk-behind
milling machines
and floor grinders
OR use machine equipped with
integrated water delivery system that
continuously feeds water to the cutting
surface Operate and maintain tool in
accordance with manufacturer's
instructions to minimize dust
emissions
None None.
Equipment/task Engineering and work practice control
methods
Required respiratory
protection and minimum
assigned protection
factor(APF)
≤ 4
hours/shift
> 4
hours/shift
OR use machine equipped with dust
collection system recommended by
the manufacturer. Operate and
maintain tool in accordance with
manufacturer's instructions to
minimize dust emissions.
Dust collector must provide the air flow
recommended by the manufacturer, or
greater, and have a filter with 99% or
greater efficiency and a filter-cleaning
mechanism. When used indoors or in
an enclosed area, use a HEPA-filtered
vacuum to remove loose dust in
between passes.
None None.
(xiv) Small drivable
milling
machines (less than
half-lane)
Use a machine equipped with
supplemental water sprays designed
to suppress dust. Water must be
combined with a surfactant Operate
and maintain machine to minimize
dust emissions
None None.
(xv) Large drivable
milling machines
(half-lane and larger)
For cuts of any depth on asphalt only:
Use machine equipped with exhaust
ventilation on drum enclosure and
supplemental water sprays designed
to suppress dust Operate and
maintain machine to minimize dust
emissions.
None None.
For cuts of four inches in depth or less
on any substrate:
Use machine equipped with exhaust
ventilation on drum enclosure and
supplemental water sprays designed
to suppress dust
Operate and maintain machine to
minimize dust emissions
None None.
Equipment/task Engineering and work practice control
methods
Required respiratory
protection and minimum
assigned protection
factor(APF)
≤ 4
hours/shift
> 4
hours/shift
OR use a machine equipped with
supplemental water spray designed to
suppress dust.
Water must be combined with a
surfactant
Operate and maintain machine to
minimize dust emissions
None None.
(xvi) Crushing
machines
Use equipment designed to deliver
water spray or mist for dust
suppression at crusher and other
points where dust is generated (e.g.,
hoppers, conveyers, sieves/sizing or
vibrating components, and discharge
points). Operate and maintain
machine in accordance with
manufacturer's instructions to
minimize dust emissions Use a
ventilated booth that provides fresh,
climate-controlled air to the operator,
or a remote control station
None None.
(xvii) Heavy
equipment and utility
vehicles used to
abrade or fracture
silica-containing
materials (e.g., hoeramming, rock
ripping) or used
during demolition
activities involving
silica-containing
materials
Operate equipment from within an
enclosed cab When employees
outside of the cab are engaged in the
task, apply water and/or dust
suppressants as necessary to
minimize dust emissions
None None.
Equipment/task Engineering and work practice control
methods
Required respiratory
protection and minimum
assigned protection
factor(APF)
≤ 4
hours/shift
> 4
hours/shift
(xviii) Heavy
equipment and utility
vehicles for tasks
such as grading and
excavating but not
including:
Demolishing,
abrading, or
fracturing silicacontaining materials
Apply water and/or dust suppressants
as necessary to minimize dust
emissions.
None None.
OR when the equipment operator is
the only employee engaged in the
task, operate equipment from within
an enclosed cab
None None.
When implementing the control measures specified in Table 1, the Town of Yucca Valley shall:
• For tasks performed indoors or in enclosed areas, provide a means of exhaust as needed to minimize the accumulation of visible airborne dust;
• For tasks performed using wet methods, apply water at flow rates sufficient to minimize release of visible dust;
• For measures implemented that include an enclosed cab or booth, ensure the enclosed cab or booth:
o Is maintained as free as practicable from settled dust; o Has door seals and closing mechanisms that work properly; o Has gaskets and seals that are in good condition and working properly; o Is under positive pressure maintained through continuous delivery of fresh air; o Has intake air that is filtered through a filter that is 95% efficient in the 0.3-10.0 μm range (e.g., MERV-16 or better); and
o Has heating and cooling capabilities.
• Where an employee performs more than one task included on Cal/OSHA’s Table 1 during the course of a shift and the total duration of all tasks combined is more than four hours, the required respiratory protection for each task is the respiratory protection specified for more than four hours per shift. If the total duration of all tasks on Table 1 combined is less than four hours, the required respiratory protection for each task is the respiratory protection specified for less than four hours per shift.
Alternative Exposure Control Methods
Alternative exposure control methods apply for tasks not listed in Cal/OSHA’s Table 1 or where we cannot fully and properly implement the engineering controls, work practices, and respiratory protection described in Table 1.
We will assess the exposure of each employee who is or may reasonably be expected to be exposed to respirable crystalline silica at or above the action level in accordance with either the performance option or the scheduled monitoring option.
• Performance Option – We will assess the 8-hour TWA (Time-Weighted Average) exposure for each employee on the basis of any combination of air monitoring data or objective data sufficient to accurately characterize employee exposures to respirable crystalline silica.
• Scheduled Monitoring Option:
o We will perform initial monitoring to assess the 8-hour TWA exposure for each employee on the basis of one or more personal breathing zone air samples that reflect the exposures of employees on each shift, for each job classification, and in each work area. Where several employees perform the same tasks on the same shift and in the same work area, we will plan to monitor a representative fraction of these employees.
When using representative monitoring, we will sample the employee(s) who are expected to have the highest exposure to respirable crystalline silica. o If initial monitoring indicates employee exposures are below the action level, we will discontinue monitoring for those employees whose exposures are represented by such monitoring.
o Where the most recent exposure monitoring indicates employee exposures are at or above the action level but at or below the PEL, we will repeat such monitoring within six months of the most recent monitoring.
o Where the most recent exposure monitoring indicates employee exposures are above the PEL, we will repeat such monitoring within three months of the most recent monitoring.
o Where the most recent (non-initial) exposure monitoring indicates employee exposures are below the action level, the Town of Yucca Valley will repeat such monitoring within six months of the most recent monitoring until two consecutive measurements, taken seven or more days apart, are below the action level, at which time we will discontinue monitoring for those employees whose exposures are represented by such monitoring, except when a reassessment is required. We will
reassess exposures whenever a change in the production, process, control equipment, personnel, or work practices may reasonably be expected to result in new or additional exposures at or above the action level, or when the Town of Yucca Valley has any reason to believe new or additional exposures at or above the action level have occurred.
We will ensure all respirable crystalline silica samples taken to satisfy the monitoring requirements of this program and Cal/OSHA are collected by a qualified individual (i.e., a Certified Industrial Hygienist) and the samples are evaluated by a qualified laboratory (i.e., accredited to ANS/ISO/IEC Standard 17025:2005 with respect to crystalline silica analyses by a body that is compliant with ISO/IEC Standard 17011:2004 for implementation of quality assessment programs).
Within five working days after completing an exposure assessment, we will individually notify each affected employee in writing of the results of that assessment or post the results in an appropriate location accessible to all affected employees.
Whenever an exposure assessment indicates employee exposure is above the PEL, we will describe in the written notification the corrective action being taken to reduce employee exposure to or below the PEL.
Where air monitoring is performed, we will provide affected employees or their designated representatives an opportunity to observe any monitoring of employee exposure to respirable crystalline silica. When observation of monitoring requires entry into an area where the use of protective clothing or equipment is required for any workplace hazard, we will provide the observer with protective clothing and equipment at no cost and shall ensure the observer uses such clothing and equipment.
Once air monitoring has been performed, we will determine its method of compliance based on the monitoring data and the hierarchy of controls. The Town of Yucca Valley will use engineering and work practice controls to reduce and maintain employee exposure to respirable crystalline silica to or below the PEL, unless we can demonstrate that such controls are not feasible.
Wherever such feasible engineering and work practice controls are not sufficient to reduce employee exposure to or below the PEL, we will nonetheless use them to reduce employee exposure to the lowest feasible level and shall supplement them with the use of respiratory protection.
In addition to the requirements of this program, we will comply with other programs and Cal/OSHA standards (such as CCR Title 8, Section 1530.1 [Ventilation]), when applicable where abrasive blasting is conducted using crystalline silica-containing blasting agents or where abrasive blasting is conducted on substrates that contain crystalline silica.
Control Methods
We will provide control methods that are either consistent with Table 1 or otherwise minimize worker exposures to silica. These exposure control methods can include engineering controls, work practices, and respiratory protection. Listed below are control methods to be used when Table 1 is not followed:
HEPA vacuum and/or appropriate other methods.
Respiratory Protection
Where respiratory protection is required by this program, we will provide each employee an appropriate respirator that complies with the requirements of the Town of Yucca Valley’s Respiratory Protection Program and the Cal/OSHA Respiratory Protection Standard (CCR Title 8, Section 4144).
Respiratory protection is required where specified by the Cal/OSHA Table 1, for tasks not listed in Table 1, or where we have not fully and properly implemented the engineering controls, work practices, and respiratory protection described in Table 1. Situations requiring respiratory protection include:
• Where exposures exceed the PEL during periods necessary to install or implement feasible engineering and work practice controls;
• Where exposures exceed the PEL during tasks, such as certain maintenance and repair tasks, for which engineering and work practice controls are not feasible; and • During tasks for which an employer has implemented all feasible engineering and work practice controls and such controls are not sufficient to reduce exposures to or below the PEL.
Housekeeping
We do not allow dry sweeping or dry brushing where such activity could contribute to employee exposure to respirable crystalline silica unless wet sweeping, HEPA-filtered vacuuming, or other methods that minimize the likelihood of exposure are not feasible.
We do not allow compressed air to be used to clean clothing or surfaces where such activity could contribute to employee exposure to respirable crystalline silica unless:
• The compressed air is used in conjunction with a ventilation system that effectively captures the dust cloud created by the compressed air; or • No alternative method is feasible.
Standard Operating Procedure
When employee exposure on a construction project is expected to be at or above the action level, a written SOP will be established and implemented. This SOP will contain at least the following elements:
• A description of the task(s) in the workplace that involve(s) exposure to respirable crystalline silica;
• A description of the engineering controls, work practices, and respiratory protection used to limit employee exposure to respirable crystalline silica for each task; • A description of the housekeeping measures used to limit employee exposure to respirable crystalline silica; and
• A description of the procedures used to restrict access to work areas, when necessary, to minimize the number of employees exposed to respirable crystalline silica and their level of exposure, including exposures generated by other employers or sole proprietors.
The written SOP will designate a manager/supervisor to make frequent and regular inspections of jobsites, materials, and equipment to ensure the SOP is implemented.
The written SOP will be reviewed at least annually to evaluate its effectiveness and updated, as necessary. Having said this, SOPs are project specific and most project durations do not exceed a year. The written SOP will be readily available for examination and copying, upon request, to each employee covered by this program and/or SOP, their designated representatives, and Cal/OSHA.
Medical Surveillance
Medical surveillance will be made available for each employee who will be required to use a respirator for 30 or more days per year due to their respirable crystalline silica exposure. Medical surveillance (i.e., medical examinations and procedures) will be performed by a PLHCP and provided at no cost to the employee at a reasonable time and place.
We will make available an initial (baseline) medical examination within 30 days after initial assignment, unless the employee has received a medical examination that meets the requirements of the Cal/OSHA Occupational Exposures to Respirable Crystalline Silica Regulation within the last three years. The examination shall consist of:
• A medical and work history, with emphasis on past, present, and anticipated exposure to respirable crystalline silica, dust, and other agents affecting the respiratory system in addition to any history of respiratory system dysfunction, including signs and symptoms of respiratory disease (e.g., shortness of breath, cough, wheezing), history of tuberculosis, and smoking status and history;
• A physical examination with special emphasis on the respiratory system; • A chest X-ray (a single postero-anterior radiographic projection or radiograph of the chest at full inspiration recorded on either film [no less than 14 x 17 inches and no more than 16
x 17 inches] or digital radiography systems) interpreted and classified according to the International Labour Office (ILO) International Classification of Radiographs of Pneumoconiosis by a NIOSH-certified B Reader;
• A pulmonary function test to include forced vital capacity (FVC-Forced Vital Capacity) and forced expiratory volume in one second (FEV1) and FEV1/FVC ratio, administered by a spirometry technician with a current certificate from a NIOSH-approved spirometry course; • Testing for latent tuberculosis infection; and
• Any other tests deemed appropriate by the PLHCP.
We will make available medical examinations that include the aforementioned procedures (except testing for latent tuberculosis infection) at least every three years. If recommended by the PLHCP, periodic examinations can be more frequently than every three years.
We will ensure the examining PLHCP has a copy of the Cal/OSHA Occupational Exposures to Respirable Crystalline Silica Regulation, this program, and the following information:
• A description of the employee's former, current, and anticipated duties as they relate to the employee's occupational exposure to respirable crystalline silica; • The employee's former, current, and anticipated levels of occupational exposure to respirable crystalline silica;
• A description of any PPE used or to be used by the employee, including when and for how long the employee has used or will use that equipment; and • Information from records of employment-related medical examinations previously provided to the employee and currently within the control of the Town of Yucca Valley.
We will ensure the PLHCP explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of each medical examination performed. The written report shall contain:
• A statement indicating the results of the medical examination, including any medical condition(s) that would place the employee at increased risk of material impairment to health from exposure to respirable crystalline silica and any medical conditions that require further evaluation or treatment;
• Any recommended limitations on the employee's use of respirators; • Any recommended limitations on the employee's exposure to respirable crystalline silica; and;
• A statement that the employee should be examined by a specialist if the chest X-ray is classified as 1/0 or higher by the B Reader or if referral to a specialist is otherwise deemed appropriate by the PLHCP.
We will also obtain a written medical opinion from the PLHCP within 30 days of the medical examination. The written opinion shall contain only the following in order to protect the employee’s privacy:
• The date of the examination;
• A statement that the examination has met the requirements of the Cal/OSHA Occupational Exposures to Respirable Crystalline Silica Regulation; and • Any recommended limitations on the employee's use of respirators.
If the employee provides written authorization, the written opinion shall also contain either or both of the following:
• Any recommended limitations on the employee's exposure to respirable crystalline silica; and/or
• A statement that the employee should be examined by a specialist if the chest X-ray is classified as 1/0 or higher by the B Reader or if referral to a specialist is otherwise deemed appropriate by the PLHCP.
If the PLHCP's written medical opinion indicates an employee should be examined by a specialist, we will make available a medical examination by a specialist within 30 days after receiving the PLHCP's written opinion. We will ensure the examining specialist is provided with all the information the employer is obligated to provide to the PLHCP.
We will ensure the specialist explains to the employee the results of the medical examination and provides each employee with a written medical report within 30 days of the examination. The written report will contain:
• A statement indicating the results of the medical examination, including any medical condition(s) that would place the employee at increased risk of material impairment to health from exposure to respirable crystalline silica and any medical conditions that require further evaluation or treatment;
• Any recommended limitations on the employee's use of respirators; and • Any recommended limitations on the employee's exposure to respirable crystalline silica.
In addition, we will obtain a written opinion from the specialist within 30 days of the medical examination. The written opinion shall contain the following:
• The date of the examination;
• Any recommended limitations on the employee's use of respirators; and • If the employee provides written authorization, the written opinion shall also contain any recommended limitations on the employee's exposure to respirable crystalline silica.
Hazard Communication
The Town of Yucca Valley will include respirable crystalline silica in our Hazard Communication Program established to comply with the Cal/OSHA Hazard Communication Standard (CCR Title 8 Section 5194).
We will ensure each employee has access to labels on containers of crystalline silica and those containers’ respective safety data sheets (SDSs).
All employees will be trained in accordance with the provisions of the Cal/OSHA Hazard Communication Standard and the training section of this program. This training will cover concerns relating to cancer, lung effects, immune system effects, and kidney effects.
We will ensure each employee with the potential to be exposed at or above the action level for respirable crystalline silica can demonstrate knowledge and understanding of at least the following:
• The health hazards associated with exposure to respirable crystalline silica; • Specific tasks in the workplace that could result in exposure to respirable crystalline silica; • Specific measures we have implemented to protect employees from exposure to respirable crystalline silica, including engineering controls, work practices, and respirators to be used;
• The contents of the Cal/OSHA Occupational Exposures to Respirable Crystalline Silica Regulation;
• The purpose and a description of our Medical Surveillance Program.
The Town of Yucca Valley will make a copy of the Cal/OSHA Occupational Exposures to Respirable Crystalline Silica Regulation readily available without cost to any employee who requests it.
Record Keeping
We will make and maintain an accurate record of all exposure measurements taken to assess employee exposure to respirable crystalline silica. This record will include at least the following information:
• The date of measurement for each sample taken;
• The task monitored;
• Sampling and analytical methods used;
• Number, duration, and results of samples taken;
• Identity of the laboratory that performed the analysis; • Type of PPE, such as respirators, worn by the employees monitored; and • Name, employee number, and job classification of all employees represented by the monitoring, indicating which employees were actually monitored.
We will ensure exposure records are maintained and made available in accordance with Cal/OSHA CCR Title 8, Section 3204. Exposure records will be kept for at least 30 years.
We shall make and maintain an accurate record of all objective data relied upon to comply with the requirements of the Cal/OSHA Occupational Exposures to Respirable Crystalline Silica Regulation. This record shall include at least the following information:
• The crystalline silica-containing material in question; • The source of the objective data;
• The testing protocol and results of testing;
• A description of the process, task, or activity on which the objective data were based; and • Other data relevant to the process, task, activity, material, or exposures on which the objective data were based.
We will ensure objective data are maintained and made available in accordance with CCR Title 8, Section 3204. Objective data records will be kept for at least 30 years.
We will make and maintain an accurate record for each employee enrolled in the Medical Surveillance portion of this program. The record shall include the following information about the employee:
• Name and employee number;
• A copy of the PLHCPs' and/or specialists' written medical opinions; and • A copy of the information provided to the PLHCPs and specialists.
We will ensure medical records are maintained and made available in accordance with CCR Title 8, Section 3204. Medical records will be kept under lock and key for at least the duration of employment plus 30 years. It is necessary to keep these records for extended periods because silica-related diseases such as cancer often cannot be detected until several decades after exposure. However, if an employee works for an employer for less than one year, the employer does not have to keep the medical records after employment ends, as long as the employer gives those records to the employee.
Program Evaluation
This program will be reviewed and evaluated on an annual basis by Human Resources unless changes to operations, the Cal/OSHA Occupational Exposures to Respirable Crystalline Silica Regulation (CCR Title 8, Section 1532.3), or another applicable Cal/OSHA Standard require an immediate re-validation of this program.
TOWN OF YUCCA
VALLEY BLOOD BORNE
PATHOGEN EXPOSURE
CONTROL PLAN
CREATED 6/16/2026
Policy and Elements of the Plan
The Town of Yucca Valley provides a safe and healthy workplace for employees. Our organization’s policy is to establish, implement, and maintain an effective exposure control plan as required by the blood borne pathogens (BBP) regulation in California Code of Regulations, Title 8 (8 CCR), Section 5193. This written plan is designed to prevent or minimize employees’ occupational exposure to blood and other potentially infectious materials (OPIM). The plan is consistent with the requirements of the Cal/OSHA Injury and Illness Prevention Program (8 CCR 3203).
Our exposure control plan is made available upon request, for examination and copying, to our employees, the Chief of Cal/OSHA, and the National Institute for Occupational Health and Safety (or their respective designees) in accord with 8 CCR 3204, “Access to Employee Exposure and Medical Records.”
This written exposure control plan contains at least the following elements:
• Responsibility
• Exposure Determination
• Methods of Compliance
• Hepatitis B Vaccination
• Post Exposure Evaluation and Follow-up
• Communication of Hazards
• Information and Training
• Record Keeping
Exposure Determination
Employees in our organization have occupational exposure to blood borne pathogens.
Occupational exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or OPIM that may result from the performance of an employee’s duties. Parenteral contact means piercing mucous membranes or the skin barrier through such events as needlesticks, human bites, cuts, and abrasions. OPIM includes various contaminated human body fluids, unfixed human tissues or organs (other than skin), and other materials known or reasonably likely to be infected with human immunodeficiency virus (HIV), hepatitis B virus (HBV), or hepatitis C virus (HCV) through cells, tissues, blood, organs, culture mediums, or solutions.
Our policy is to conduct exposure determinations throughout our facilities without regard to the use of personal protective equipment (PPE). This process involves identifying all the job classifications, tasks, or procedures in which our employees may have occupational exposure to blood or OPIM.
Job Classifications in Which Employees Have Occupational Exposure:
All individuals in each job classification listed below have occupational exposure. 1 Parks
2 Facilities Maintenance
3 Animal Services
4 Recreation
Methods of Implementation
Our organization has developed a schedule and methods of implementation for the applicable subsections (d) through (h) of 8 CCR 5193. We have determined which subsections are applicable to our organization and documented the pertinent information as follows:
Areas addressed in order to eliminate or minimize exposure to bloodborne pathogens include:
1. Universal Precautions (Total Body Substance Precautions)
2. Engineering and Work Practice Controls
3. Personal Protective Equipment (PPE)
1. Universal Precautions (Total Body Substance Precautions) We require the use of universal precautions in order to prevent contact with blood or OPIM.
Universal precautions are an infection control practice. It means all human blood and certain body fluids are treated as if they are known to be infected with HBV, HCV, HIV, and other diseases carried and transmitted by blood.
We consider all human blood or OPIM as infectious regardless of the source.
2. Engineering and Work Practice Controls
We utilize engineering and work practice controls to eliminate or minimize blood or OPIM exposure to employees. PPE will be utilized in conjunction with engineering controls. These engineering controls will be examined and updated on a regular schedule. We provide and enforce the use of the engineering and work practice controls, which could include:
a. Prohibited Practices
b. Requirements for Handling Contaminated Sharps
c. Hand Washing
d. Regulated Waste
e. Other Controls
a. Prohibited Practices
• In work areas where there is a reasonable likelihood of exposure to a blood borne pathogen or OPIM, employees are not to eat, drink, apply cosmetics or lip balm, smoke, or handle contact lenses. Food and beverages are not to be kept in refrigerators, freezers, shelves, or cabinets or on counter tops or bench tops where a blood borne pathogen or OPIM is present.
• All procedures will be conducted in a manner that will minimize splashing, spraying, splattering, and generation of droplets of blood or OPIM. • Contaminated needles and other contaminated sharps will not be bent, recapped, removed, sheared, or purposely broken. If needles or syringes are found, they should be handled with caution and placed in a biohazard sharps container. • Needle clippers and other devices that shear, bend, or break contaminated needles are prohibited from use.
• Reusable sharps that are contaminated with blood or OPIM will not be stored or processed in a manner that will require an employee to reach by hand into the container where these sharps have been placed.
• Broken glassware that may be contaminated will not be directly handled with a gloved or bare hand. It will be handled by mechanical means (tongs, dustpan, and broom). Contaminated broken glass will be placed in puncture-resistant containers and disposed of as biohazardous waste.
b. Requirements for Handling Contaminated Sharps
• A sharps container should always be within arm’s reach of an employee administering an IV or injection. The employee should always call out “Sharp Out” to warn others of the hazard. This is especially important with combative patients. • All procedures involving the use of sharps in connection with patient care such as withdrawing body fluids; accessing a vein of artery; or administering vaccines,
medications, or fluids will be performed using effective patient-handling techniques and other methods designed to minimize the risk of a sharp’s injury. • Immediately or as soon as possible after use contaminated sharps are placed in sharps containers.
• Sharps containers are rigid, puncture resistant, leak proof on the sides and bottoms, and portable when portability is necessary to ensure easy access by the user. The sharps containers are closable. When closed, the containers are leak resistant and incapable of being reopened without great difficulty. Such containers are labeled with the universal biohazard symbol and replaced frequently enough to prevent overfilling. • Sharps containers are readily available in areas where sharps waste may be generated. They must remain upright throughout use and be replaced as necessary to avoid overfilling. Sharps containers are emptied before they are three-quarters full.
Disposable sharps containers are not reopened, emptied, or accessed in any way. • Close the sharps container immediately prior to removal or replacement to prevent spillage or protrusion of contents during handling, storage, transport, or shipping. • Place the sharps container in a secondary container if leakage of the primary container is possible. The second container must be capable of being sealed and constructed to contain all contents and prevent leakage during handling, storage, transport, or shipping. The second container must be labeled or color-coded to identify its contents.
• To prevent exposures to the risk of percutaneous injuries (breaking skin), employees must not, under any circumstances, open, empty, or manually clean (or clean in any other manner) reusable containers.
• Place other regulated waste in containers that are closeable and constructed to contain all the contents and prevent leakage of fluids during handling, storage, transportation, and shipping. (Once again, try to place all bio-waste materials on the ambulance prior to departure.)
c. Hand Washing
We ensure hand-washing supplies are available to those exposed to blood or OPIM.
Cal/OSHA requires these facilities be readily accessible after incurring exposure. If hand-washing facilities are not feasible, we will provide either an antiseptic cleanser in conjunction with clean cloth/paper towels or antiseptic towelettes to remove the blood or OPIM. If these alternatives are used, the hands are to be washed with soap and running water as soon as feasible. Handwashing facilities are located throughout the Town at Town facilities.
d. Regulated Waste
We dispose of all regulated waste in accordance with applicable federal, state, and local regulations. (It is recommended that all bio waste gets placed on ambulances prior to leaving the scene.)
Regulated waste includes liquid or semi-liquid blood or infectious materials, items saturated with liquid blood or OPIM, items caked with dried blood or OPIM, contaminated sharps, and pathological and microbiological wastes containing blood or OPIM.
We dispose of its regulated waste in the following manner:
Animal Shelter – Contaminated sharps are disposed of in a secure sharps container located throughout the Shelter. They are picked up by a third party once a week. e. Other Controls
Cleaning and Decontamination of the Worksite
• Decontaminate all contaminated work surfaces with an approved germicide after completion of procedures and immediately or as soon as feasible after any spill of blood or OPIM.
• Inspect and decontaminate all bins, pails, cans, and similar receptacles after each exposure.
• Advise employees not to pick up contaminated broken glassware directly with their hands or with gloves. Provide brooms and dustpans or other tools to avoid contact.
3. Personal Protective Equipment (PPE)
We ensure the following PPE requirements are met:
a. PPE and training in the appropriate use of PPE is provided to employees who are at risk of occupational exposure to blood borne pathogens. b. PPE is provided at no cost to the employee, in appropriate sizes, and includes but is not be limited to:
• Gloves, including glove liners, and hypoallergenic gloves • Gowns
• Laboratory coats
• Face shields
• Masks
• Eye protection such as goggles
• Mouthpieces
• Resuscitation bags or other ventilation devices
c. Cleaning, disposal, repair, and replacement of PPE are provided at no cost to the employee.
d. PPE is considered appropriate if it does not permit blood or OPIM to pass through to the employee’s work clothes, street clothes, or undergarments; skin; eyes or other mucous membranes under normal working conditions and for the duration of time that PPE will be used.
e. All garments that are penetrated by blood will be removed immediately or as soon as feasible. All PPE is removed prior to leaving the work area. When PPE is removed, it is placed in an appropriately designated area or container for storage, washing, decontamination, or disposal.
f. Affected employees are required to wear gloves where it is reasonably anticipated they will have hand contact with blood, OPIM, non-intact skin, and mucous membranes (first aid, CPR, clean up of body fluids visibly contaminated with blood).
Disposable gloves are not to be washed or decontaminated for reuse and are to be replaced as soon as practical when they become contaminated or as soon as feasible if they are torn or punctured or when their ability to function as a barrier is compromised. Non-latex gloves will be provided to employees with latex allergies.
Leather gloves may be decontaminated for reuse provided the integrity of the glove is not compromised. Leather gloves will be discarded if they are cracked, peeling, torn, punctured, or exhibit other signs of deterioration or when their ability to function as a barrier is compromised.
Note: Leather gloves are to be discarded if grossly contaminated. They are not to be used as PPE against blood borne pathogens. Therefore, if exposure is possible, latex or nitrile gloves should be worn under the leather gloves. g. Employees who are exposed to splashes of blood or OPIM to the eyes are required to wear eye and face protection. Masks in combination with eye protection devices, such as goggles or glasses with solid side shield or chin length face shields, will be required to be worn whenever splashes spray, splatter, or droplets of blood or OPIM may be generated and eye, nose, or mouth contamination can reasonably be anticipated.
Hepatitis B Vaccination
A safe and effective vaccine is available to protect employees from HBV. The vaccine is generally well tolerated and has not been associated with serious side effects. Immunization requires three injections of vaccine into the muscle of the upper arm over a six-month period.
We offer the HBV vaccine to all current employees who are at risk of occupational exposure to blood borne pathogens and within 10 working days of hire or reassignment to a job or tasks that places the employee at risk. The vaccination is:
1. Provided at no cost to the employee;
2. Made available at reasonable times during normal work hours and at an accessible location;
3. Performed by or under supervision of a licensed physician or by another licensed health care professional; and
4. Provided according to current recommendations of the U.S. Public Health Service.
There is no current recommendation for booster doses. Should booster doses be recommended in the future, they will be offered to the employee based on medical determination of need.
The following exemptions are appropriate for any employee and will be documented in the employee’s health record when:
1. The employee has previously received a complete series of HBV vaccinations; or
2. Antibody testing has revealed the employee is immune; or
3. The vaccine is contraindicated for medical reasons; or
4. The employee has declined vaccination and that refusal is documented.
All employee blood drawn for serological testing will be sent to an accredited laboratory for testing at the organization’s expense.
Pre-screening before receiving the HBV vaccination is not mandatory and is not routinely performed.
If the employee initially declines the HBV vaccination but at a later date while still covered under the standard decides to accept the vaccination, the vaccination will be provided to the employee at that time and at no cost to the employee.
Any employee who declines the HBV vaccination must sign the declination statement in the forms section of this document. (see Appendix A)
Communication of Hazards
Labels and Signs
1. We will provide warning labels incorporating the universal biohazard sign and require the words “biohazard,” “biohazard waste,” or “sharps waste” to be printed on or affixed to biohazardous waste items that employees are required to remove.
2. The labels are fluorescent orange or orange-red with lettering or symbols in a contrasting color.
3. Labels are affixed as securely as possible to the container, preferably by adhesive or by wire, string, or other method to prevent loss or unintentional removal.
4. Red bags or red containers may be substituted for labels as in sharps containers or regulated waste red bags.
Biohazard Signs
1. All holding areas have a sign posted at the entrance to each area that:
a. incorporates the universal biohazard symbol; and
b. lists any special requirements for entering the area.
Training
We provide training to all employees who are at risk for exposure to blood borne pathogens or OPIM. This training is provided at no cost to the employee and during work hours. With the consent of the employee, training may occur during non-work hours.
Training is given as follows:
1. At the time of initial assignment to tasks where occupational exposure may take place as soon as possible for currently employed workers;
2. At least annually after the initial training;
3. When there is introduction of new engineering, administrative, or work practice controls and whenever modifications of current tasks may affect the potential occupational exposure to blood borne pathogens.
Information and training of individuals who are not our employees (contract worker, registry, student, etc.) will be provided by the affected outside agency or as specified in the contract. We will monitor the outside agency for compliance with the information and training requirement.
Training will be appropriate in content and vocabulary to educational level, literacy, and language of employees.
Our training program includes information and explanations of at least the following:
• Epidemiology, symptoms, and modes of transmission of blood borne diseases • Exposure control plan we have implemented and how to obtain a copy of the written plan
• Appropriate methods for recognizing tasks and activities that may involve exposure to blood or OPIM
• Use and limitations of methods that will prevent or reduce exposures, including appropriate engineering, administrative or work practice controls, and PPE The basis for selection of PPE
• Types, proper use, location, removal, handling, decontamination, and disposal of PPE
• HBV vaccination series, including its efficacy, safety, method of administration, benefits, and the fact that the vaccination will be offered to employees free of charge
• Appropriate actions to take and persons to contact in an emergency involving blood or OPIM
• Procedure to follow if an exposure incident occurs, including the:
– Method of reporting the incident
– Medical follow-up that will be made available
– Procedure for recording the incident in the sharps injury log • Post-exposure evaluation and follow-up that will be made available to employees • Signs, labels, and/or color coding’s that are used
In addition to the above-mentioned information, we provide to all employees a copy of 8 CCR 5193, “Bloodborne Pathogens,” and an explanation of its content.
The person conducting the training will be knowledgeable of the standard, our exposure control plan and HBV, HCV, and HIV and be able to relate the requirements to employee exposures and concerns.
Record Keeping
Medical Records
1. We will establish and maintain an accurate record for each employee with occupational exposure. This employee’s record will include:
a. The name of employee and number;
b. A copy of the employee’s HBV vaccination status including the dates of all HBV vaccinations, declination statements, and medical records relative to the employee’s ability to receive vaccinations;
c. A copy of all results of examinations, medical testing, evaluation, and follow up of exposure incidents;
d. A copy of the health care professional’s written opinion as required following an exposure incident.
2. We will ensure employee medical records are kept confidential and are not disclosed or reported without the employee’s written consent to any person within or outside the workplace except as required by this standard and by law.
3. Employee health records, as required by this section, will be maintained for at least the duration of employment plus 30 years, meaning during the entire employment period and 30 years after the last date of work.
Training Records and Sharps Injury Logs
1. Training records will include the:
a. Dates of the training session;
b. Contents or a summary of the training session;
c. Names and qualifications of persons conducting the training sessions; d. Names and job titles of persons attending the training.
2. Copy of employee’s individual training record will be placed in his/her personnel file at the conclusion of each calendar year and kept for the duration of employment.
3. Sharps injury reports and logs will be maintained five years from the date of the incident (same as Cal/OSHA Form 300 Log).
4. Accessibility
a. Employee training records and the sharps injury logs will be made available upon request to employees, employee representatives, and Cal/OSHA. b. Employee medical records will be made accessible to the employee, anyone having the written consent of the employee, and Cal/OSHA.
Provisions for the Initial Reporting of Exposure Incidents We report all exposure incidents as soon as possible (and in no case later than the end of the work shift during which they occurred) regardless of whether first aid was rendered. An exposure incident means specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or OPIM that results from the performance of an employee’s duties. All employees (including designated first aid providers who provide first aid regularly and those who render first aid only as a collateral duty) receive training about our policy.
If you have or think you have had an exposure, report it to your supervisor and Human Resources.
The exposure incident report includes at least the following:
• The names of all employees involved in the exposure incident (including all first aid providers who have rendered assistance regardless of whether PPE was used) • A description of the exposure or first aid incident, including:
− The time and date
− A determination of whether an exposure incident occurred. This determination is necessary to ensure the proper post-exposure evaluation is conducted and prophylaxis and follow-up are made available immediately if an exposure incident has occurred.
− Person receiving the report
− Contact number
−
Hepatitis B Vaccination Series for Unvaccinated Employees We strongly encourage HBV vaccination and make the vaccination series available to all employees who have occupational exposure to blood or OPIM. Included are collateral first aid
providers who have rendered assistance in any situation involving the presence of blood or OPIM regardless of whether an actual exposure incident has occurred. The vaccination series is provided to collateral first aid providers as soon as possible but no later than 24 hours after the employee has rendered assistance.
Post-Exposure Evaluation and Follow-up
In the event of an exposure incident, the employee will be offered a confidential medical evaluation and follow-up. All post-exposure follow-up will be performed at the designated occupational health clinic. Refer to posted Labor Law poster.
That evaluation and follow-up will include the following:
1. Documentation of the route(s) of exposure and the circumstances under which the exposure occurred (to include details of the use or non-use of engineering controls, work practice controls, or PPE);
2. When a source is identifiable, that individual’s blood will be tested as soon as feasible and after consent is obtained to determine HIV, HBV, and HCV infectivity. If consent is not obtained, we will establish that consent cannot be legally obtained.
When the source individual’s consent is not required by law, that individual’s blood, if available, may be tested and the results documented.
a. Consultation and testing of the source individual will be done at the request of the exposed employee through the source’s private physician. b. If the source individual is known to be infected with HIV, HBV, or HCV, testing to determine such status need not be repeated.
c. Results of the source individual’s testing will be made available to the exposed employee, and the employee will be informed of laws/regulations regarding the privacy rights of the source individual. The results of the source individual’s blood test and employee’s blood test are confidential and will be known only to the health care provider and the exposed employee.
3. The exposed employee’s blood will be collected as soon as it is feasible and tested for HIV, HBV, and HCV serological status, only after signed consent has been obtained.
Employee Testing & Treatment
Counseling and other features of post exposure evaluation will be offered whether or not the employee elects to have baseline HIV/HBV/HCV serological testing. If the employee consents to baseline blood collection but does not give consent to HIV serological testing, the sample will be preserved for at least 90 days. If within 90 days of the exposure incident, the employee gives written consent to have serologic testing performed on the baseline sample, testing will be ordered by the health care provider as soon as it is feasible.
Post-exposure prophylaxis (hepatitis B immune globulin for hepatitis B) will be provided when medically indicated according to the recommendations of the U.S. Public Health Service current at the time prophylaxis is administered. The organization will bear the costs of tests, treatment, and prophylaxis of employees. Cost of tests, treatment, and prophylaxis of individuals who are not our employees (contract worker, registry, student, etc.) will be borne by the affected outside agency or as specified in the contract between our organization and the outside agency. The outside agency/individual will be responsible for compliance with the post-exposure evaluation and follow-up treatment.
Additional collection and testing will be made available as recommended by the U. S. Public Health Service.
Information Provided to the Health Care Professional
We will provide the health care professional responsible for the employee’s HBV vaccination program and/or post-exposure evaluation with the following information:
1. A copy of CCR, Title 8, Section 5193;
2. A written description of the exposed employee’s duties as they relate to the exposure incident;
3. Written documentation of the route of exposure and circumstances under which exposure occurred;
4. Results of the source individual’s blood testing, if available; and
5. All medical records relevant to the appropriate treatment of the employee including vaccination status.
Health Care Professional’s Written Opinion
We will obtain and provide the employee with a copy of the evaluating health care professional’s written opinion within 15 days of the completion of the evaluation.
The health care professional’s written opinion for HBV vaccination will be limited to whether HBV vaccination is indicated for an employee and if the employee has received such vaccination.
The health care professional’s written opinion for post exposure follow-up will be limited to the following information:
• A statement that the employee has been informed of the results of the evaluation • A statement that the employee has been told about any medical conditions resulting from exposure to blood or OPIM that require further evaluation or treatment.
Note: All other findings or diagnoses will remain confidential and will not be included in the written report.
First Aid and Exposure Incident Report
We will investigate and document on a first aid and exposure incident report form incidents involving the presence of blood or OPIM. Investigations will include the following information:
1. Names of all first aid providers who rendered assistance, regardless of the use of PPE;
2. Description of the incident that must include a determination of whether or not, in addition to the presence of blood or OPIM, an occupational exposure incident occurred;
3. Time and date of incident (include location);
4. Offer of HBV to all unvaccinated first aid providers who rendered assistance within 24 hours of the incident.
Work Practice Controls Exception to Prohibited Practices Our organization prohibits the bending, recapping, or removal of contaminated sharps from devices except when performed using a mechanical device or a one-handed technique, and it can be demonstrated that no alternative is feasible or that such action is required by a specific medical procedure.
Sharps Injury Reporting
All parenteral contacts (piercing or lacerations) that occur in the workplace are reported on the sharps injury log and recorded within 14 days of the incident. The data recorded includes the following information, if known or reasonably available:
1. Date and time of the exposure incident;
2. Type and brand of the sharp involved;
3. The procedure the exposed employee was performing at the time of the incident;
4. How the incident occurred;
5. The body part involved in the incident;
6. If the sharp had engineered sharps injury protection, whether the mechanism was activated and whether the injury occurred before the protective mechanism was activated, during activation of the mechanism, or after activation of the mechanism, if applicable;
7. If the sharp had no engineered sharps injury protection, the employee’s opinion as to whether and how such a mechanism could have prevented the injury and the employee’s opinion about whether any other engineering, administrative, or work practice control could have prevented the injury.
8. The employee’s opinion about whether any other engineering, administrative, or work practice control could have prevented the injury.
The required information is recorded on the sharps injury log, and all exposure incidents involving sharps are also recorded on the Cal/OSHA 300 Log in accordance with the requirements of the “Employer Records of Occupational Injury or Illness” regulation, known as the California record keeping standard.
Periodic determinations are made on the frequency of use and the types, models, or brands of sharps involved in the exposure incidents documented on our sharps injury log.
Plan Review and Update
Our exposure control plan is reviewed and updated at least annually (and whenever necessary) to include:
• New or modified tasks or procedures that affect occupational exposure • Progress in implementing the use of needleless systems and sharps with engineered sharps injury protection
• New or revised job position(s) that involve occupational exposure • Reviews and evaluations of exposure incidents that have occurred since the previous update
• Reviews and responses to information indicating the existing exposure control plan is deficient in any area
All employees are encouraged to provide suggestions on improving the procedures they perform. Employees contribute to the review and update of the exposure control plan by:
• Participating as members of committees (e.g., safety and health, labor-management, infection control, product evaluation, and selection, purchasing of equipment) • Attending meetings to discuss safety and health issues and improvements • Reporting issues or potential problems to supervisors • Providing ideas, recommendations, or suggestions
• Filling out reports, questionnaires, or other documents
TOWN OF YUCCA VALLEY
Hepatitis B Vaccine Consent/Declination
Date:
CONSENT - RECORD OF CONSENT FOR HEPATITIS “B” VACCINATION (This Section is OPTIONAL)
I have attended the in-service training on the blood borne pathogens program regarding HIV, hepatitis B, and the hepatitis-B vaccine. I have also read the in-service training literature and have had an opportunity to ask questions and understand the benefits and risks of hepatitis B vaccination. I understand I must have at least three doses of vaccine over a six month period to confer immunity. However, as with any medical treatment, there is no guarantee that I will become immune or that I will not experience an adverse side effect from the vaccine. You must complete the whole series within the six months.
I request that it be administered to me.
Print Name: Employee #:
Employee Signature: Date: / /
Employer Representative:
DELCLINATION - RECORD OF HEPATITIS “B” VACCINE DECLINATION (This Section is MANDATORY)
Date:
I understand that due to my occupational exposure to blood or other potentially infectious materials, I may be at risk of acquiring hepatitis B virus (HBV) infection. I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to me. However, I decline hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease. If in the future, I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me.
Print Name: Department:
Employee Signature: Social Security #:
Employer Representative:
TOWN OF YUCCA VALLEY
SHARPS INJURY LOG
Supervisors: Complete for each employee exposure incident involving a sharp. This form is to be completed with the employee but not by the employee. Fill in the most appropriate boxes. A sharp includes, but is not limited to, needles, needle devices, scalpels, lancets, Exacto blades, and broken glass.
Injury ID No. Date/Time of Exposure Incident:
(Not Employee Name)
Job Classification/Title: Department/Location:
Where Exposure Occurred:
Regular Department #: Location (Bldg./Room #):
What procedure was being performed when the incident occurred? Check all body parts that were involved
Finger Hand Arm Face/Head Torso Leg
Other
Did the exposure incident occur:
During use of sharp Disassembling After use and before sharps container While putting sharp into sharps container Sharp left, inappropriate place Other
Identify sharp object involved:
Type: Brand: Model:
Was sharp injury protection device attached? Yes No
Was protective mechanism activated? Yes No
Did the exposure occur: Before During After activation
If the sharp had no engineered sharps injury protection, do you feel that such a mechanism could have prevented the injury? Yes No
What other engineering, administrative, or work practice controls could have prevented this injury?
Attach this form to the accident investigation form. Send both originals to Human Resources within 24 hours of the incident.
CREATED 6/16/2026
TOWN OF YUCCA
VALLEY HAZARD
COMMUNICATION
PROGRAM
This program outlines how the Town
will enhance its employees’ health
and safety through the development,
implementation, and maintenance of
this hazard communication program
as required by Title 8, Section 5194.
Town of Yucca Valley
Hazard Communication (HazCom) Program
Table of Contents
LIST OF HAZARDOUS CHEMICALS.............................................................................................................................................. 3 SAFETY DATA SHEETS (SDSs)....................................................................................................................................................... 3 LABELS AND OTHER FORMS OF WARNING.............................................................................................................................. 4 PROPOSITION 65............................................................................................................................................................................. 4 EMPLOYEE INFORMATION AND TRAINING .............................................................................................................................. 5 HAZARDOUS NON-ROUTINE TASKS........................................................................................................................................... 5 LABELED/UNLABELED PIPES (if applicable) ............................................................................................................................. 6 INDEPENDENT CONTRACTORS AND TEMPORARY EMPLOYEES WORKING IN OUR WORKPLACE........................... 6 PROGRAM HISTORY........................................................................................................................................................................ 6 APPENDICES...................................................................................................................................................................................... 7 Hazardous Substance Inventory List Sample.................................................................................................................. 8 Training Topic Checklist……………………………………………………………………………………………………………………………………………….12 Sample SDS Request Letter...............................................................................................................................................19
Town of Yucca Valley
Hazard Communication (HazCom) Program
As required by California’s Hazard Communication (HazCom) Regulation (T8 CCR 5194), The Town of Yucca Valley has developed, and will implement and maintain this Hazard Communication Program, an important component of the Injury and Illness Prevention Program to enhance our employees’ health and safety. The Town Manager has the authority and responsibility for implementing the HazCom Program. The Town’s HazCom Program Administrator/Coordinator, the Human Resources and Risk Manager, is responsible for maintaining and coordinating the program on a day-to-day basis.
Our goal is to provide information to all personnel on our worksite — including other employers and their employees — about the hazardous chemicals in our workplace, the associated hazards, and the control of these hazards through a program that includes the elements listed below. We expect contractors bringing hazardous chemicals into our workplace to do the same via their own written HazCom Program.
LIST OF HAZARDOUS CHEMICALS
The HazCom Coordinator will maintain and keep current a list of all known hazardous chemicals present in our workplace that are in use or storage (see attached Hazardous Chemical List) and, at the same time, verify that we have the most current safety data sheets (SDSs), or material safety data sheets (MSDSs). The product identifiers listed will match those on the corresponding container labels and SDSs. Specific information on each noted hazardous chemical can be obtained by reviewing the corresponding label and SDS.
SAFETY DATA SHEETS (SDSs)
The HazCom Coordinator is responsible for obtaining the SDSs corresponding to our Hazardous Chemical List, reviewing them for completeness, and maintaining the safety data sheet system for our organization. Should an SDS not be received with or before receipt of the initial shipment of a hazardous chemical, or with the first shipment after a safety data sheet is updated, an SDS will be retrieved from or requested as soon as possible from the manufacturer or distributor.
If a new or revised SDS is received indicating a significant increase of risks or measures needed to protect employee health, that information will be conveyed to employees within 30 days to the affected employees by additional training sessions, posting of memos, and other means of communication as outlined in the Town’s Injury and Illness Prevention Plan (IIPP).
Legible SDS copies for all hazardous chemicals to which employees of Town may be exposed are kept in:
• Parks
• Streets
• Facilities
• Animal Services
SDS will not be maintained for household consumer products used in the workplace where the duration and frequency of use are not greater than what a typical consumer would experience.
SDSs are readily available for review to all employees in their work area and during each work shift. If SDSs are missing or new hazardous substances in use do not have SDSs, or if an SDS is obviously incomplete, please contact HazCom Program Administrator or HazCom Coordinator immediately, and a new SDS will be requested from the manufacturer. If we are unable to obtain the SDS from the vendor within 25 calendar days of the request, we will either call our local Cal/OSHA compliance office or write to:
Town of Yucca Valley
Hazard Communication (HazCom) Program
Division of Occupational Safety and Health
Deputy Chief of Health and Engineering Services
P. O. Box 420603
San Francisco, CA 94142-0603
SDSs (and the older Material Safety Data Sheets) constitute an “employee exposure and medical record” and will be kept according to T8CCR section 3204 requirements. In addition, SDS for chemicals no longer in use will be archived in binders or electronically on the [Town of Yucca Valley] shared drive.
LABELS AND OTHER FORMS OF WARNING
Before hazardous chemical containers are placed and used in the work area, it is the policy of Town that the HazCom Program Administrator/HazCom Coordinator will verify that all containers are appropriately labeled as follows.
• Original containers received from the manufacturer, distributor, importer:
• Product identifier
• Signal words
• Hazard statements
• Pictograms
• Precautionary statements
• Name, address, and telephone number of the manufacturer, importer, or other responsible party • Workplace containers where the contents of the original containers received from the manufacturer, distributor, importer have been transferred into one of our own containers: That will be labeled with:
• The product identifier
• Words, pictures, symbols, or a combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical.
Employees will not remove or intentionally deface existing labels on incoming containers of hazardous chemicals unless the container is immediately marked with the required information.
The HazCom Coordinator, or delegated staff, will utilize the following procedures to review and update label information when necessary:
• Conduct periodic inspections of chemical containers and labels. • Remove from service chemicals that have missing, damaged, faded, or torn labels. • If possible, a new label meeting the labeling requirements of this program will be applied, or the chemical will be discarded as required policy.
If we become newly aware of any significant information regarding the hazards of a chemical, we will revise the labels for the chemical within six months of becoming aware of the new information.
PROPOSITION 65
Being a government entity, we are exempt from Proposition 65’s warning requirements and prohibition on discharges into drinking water sources.
Town of Yucca Valley
Hazard Communication (HazCom) Program
EMPLOYEE INFORMATION AND TRAINING
Employees are to complete a HazCom program training session set up by HazCom Coordinator; or the employee’s manager at the time of their initial assignment and whenever a new chemical hazard is introduced into the work area. These training sessions will be provided online and provide information on:
• The requirements of the Hazard Communication regulation, including the employees’ rights under the regulation.
• The location and availability of the written HazCom Program and list of hazardous chemicals and SDSs. Included here will be how this information will be addressed when there are other employer activities at the worksite.
• Any operation in the employees’ work area, including non-routine tasks, where hazardous chemicals or Proposition 65 carcinogens/reproductive toxins are present, and exposures are likely to occur.
• Methods and observation techniques are used to determine the presence or release of hazardous chemicals in the work area.
• Protective practices the organization has taken to minimize or prevent exposure to these substances.
• The details of our HazCom Program, including how to read labels and review SDSs to obtain hazard information, and an overview of our workplace-specific labeling procedures for original and workplace containers, as well as stationary processes.
• Physical and health effects of the hazardous chemicals either individually or as hazard groups.
Chemical-specific information will always be available through labels and safety data sheets. • Symptoms of overexposure.
• Measures put into practice to reduce or prevent exposure to these hazardous chemicals by engineering controls, work practices, and use of personal protective equipment. • Emergency and first aid procedures to follow if employees are exposed to hazardous chemicals. • The location and interpretation, if needed, of warning signs or placards to communicate that a chemical is known to cause cancer or reproductive toxicity is used in the workplace.
Employees will receive additional training as soon as possible when a new hazard is introduced into the workplace or whenever employees might be exposed to hazards at another employer’s worksite.
Training will be documented through one or more of the following Town’s recordkeeping platforms: i.e., Vector Solutions.
HAZARDOUS NON-ROUTINE TASKS
Periodically, our employees are required to perform hazardous non-routine tasks. Prior to starting work on such projects, affected employees will be given information by their supervisor on hazards to which they may be exposed during such an activity.
This information will cover:
• Specific hazards
• Measures the organization has taken to reduce the risk of these hazards, such as providing ventilation, ensuring the presence of another employee, providing a respiratory protection program, and establishing emergency procedures
• Required protective/safety measures
Town of Yucca Valley
Hazard Communication (HazCom) Program
Examples of non-routine tasks performed by employees of this organization:
Sample Non-routine Task Hazardous Substance
Hazardous material spill response and cleanup Fuels, oils, unknown substance Application or cleanup of industrial-strength
herbicides and pesticides
Unknown substances
Handling and disposal of contaminated soils or
illegal dumping materials
Unknown substances
INDEPENDENT CONTRACTORS AND TEMPORARY EMPLOYEES WORKING IN OUR
WORKPLACE
To ensure that outside contractors work safely at our workplace and to protect our employees from chemicals used by outside contractors, the HazCom Coordinator, or delegated staff, is responsible for arranging two-way access of the following information concerning contractors or other employers in our workplace:
• Hazardous chemicals, including Proposition 65 chemicals, to which they may be exposed while on the job site as well as chemicals they will be bringing into the workplace. To this end, we will provide contractors with information on our labeling system and access to SDSs. • Precautions and protective measures the employees may take to minimize the possibility of exposure.
PROGRAM HISTORY
Action Date Notes
Implemented 6/16/2026 Hazard Communication Program was reviewed and adopted
Town of Yucca Valley
Hazard Communication (HazCom) Program
APPENDICES
Town of Yucca Valley
Hazard Communication (HazCom) Program
Hazardous Substance Inventory List By Department
FACILITIES SDS INVENTORY
SUBSTANCE
MSDS
AVAILABLE
AMDRO Ant Killer Yes
BETCO Graffiti Remover Yes
Spartan Chemical Co. Bowl Cleaner Yes
Spartan Chemical Co. Clean by Peroxy Yes
Comet Cleaner Yes
Spartan Chemical Co. Consume Yes
Dawn Dish soap Yes
Dazzle Floor Cleaner Yes
Falcon Urinal Sealant Yes
Spartan Chemical Co. Foamy Q&A Yes
Holly Frontier Gasoline Yes
Goo Gone Adhesive Remover Yes
Houdini Lock Lube Yes
Spartan Chemical Co. Bathroom Cleaner Yes
BEHR Paint Yes
BETCO Spot Bet Yes
Spray Away Glass Cleaner Yes
Spartan Chemical Co. X-Effect Yes
Town of Yucca Valley
Hazard Communication (HazCom) Program
PUBLIC WORKS SDS INVENTORY
SUBSTANCE AREA USED
MSDS
AVAILABLE
#2 Diesel Field Yes
Automatic Transmission Fluid Dex/Merc Field Yes
Brake Parts Cleaner Mechanic's Bay Yes
Chlorine Bleach Mechanic's Bay Yes
Citrus King Asphalt Release Agent Mechanic's Bay/Field Yes Detack-Crafco Field Yes
Diesel Exhaust Fluid Field Yes
Asphalt Driveway Sealer Field Yes
Electrical Parts Cleaner Mechanic's Bay Yes
Engine coolant Mechanic's Bay/Field Yes
Gasoline- All Grades Mechanic's Bay/Field Yes
Glass Cleaner Field Yes
Graffiti Remover Field Yes
Hot Mix Asphalt Field Yes
Hydraulic Oil Mechanic's Bay/Field Yes
Lubricant-Penetrol 90 Mechanic's Bay Yes
Motor Oils - All Grades Mechanic's Bay/Field Yes
Multipurpose grease Mechanic's Bay Yes
Paint Thinner Mechanic's Bay Yes
Windshield Wash-Bug Cleaner Mechanic's Bay/Field Yes
Degreaser - Purple Power Mechanic's Bay Yes
Spray Paint Mechanic's Bay Yes
Starting Fluid Mechanic's Bay Yes
Traffic Paint-Fast Dry- Red Sign Bay/Field Yes
Traffic Paint-Fast Dry- White Sign Bay/Field Yes
Traffic Paint-Fast Dry- Yellow Sign Bay/Field Yes
UPM-Pavement Repair Material(cold patch asphalt) Mechanic's Bay/Field Yes
Town of Yucca Valley
Hazard Communication (HazCom) Program
ANIMAL SHELTER SDS INVENTORY
ITEM
MSDS
AVAILABLE
Rescue Disinfectant Yes
Triple Two Disinfectant Yes
Chlorhexidine Solution Disinfectant Yes
Husky 890 Disinfectant Yes
Euthasol Sedatives Yes
Zetamine Sedatives Yes
Telazol Sedatives Yes
Solo - Automatic Dishwasher Soap Yes
Chlor San - Automatic Dishwasher Sanitizer Yes
Glisten Lime Remover and Descaler Yes
Glass Cleaner - Members Mark Yes
Floor Cleaner - Members Mark Yes
Lysol Disinfectant Spray Yes
Comet 2x Bleach Cleaning Powder Yes
Lysol Professional Toilet Bowl Cleaner Yes
Chlorox Clean-up Cleaner + Bleach Yes
Simple Green Heavy-Duty Cleaner (Purple) Yes
Kirkland Ultra Shine Liquid Dish Soap Yes
Dawn Ultra Dish Soap Yes
DEB Instant Foam Non-Alcohol Hand Sanitizer Yes
DEB Anti-Microbial Foaming Hand Wash - (Blue) Yes
DEB Foaming Hand Wash - (Red) Yes
Dial Complete Antibacterial Foam Soap Yes
Eco Air 2.0 Fresh Products Room Air Freshner Yes
UPM-Pavement Repair Material(cold patch asphalt) Yes
620 Clean Air Mist Air Freshner (Waxie) Yes
Kirkland Laundry Soap (packets) Yes
Arm and Hammer Liquid Laundry Detergent Plus Oxiclean Yes Dryer Sheets - Members Mark Yes
Essentra IC3 Insecticide Concentrate (natural bug spray) Yes Bug Off II (Waxie) Yes
TONER - Kyocera Yes
TONER - M227fdw Yes
TONER - HP 200 Color Yes
TONER - HP P1606dn Yes
TONER - HP 2300d Yes
Town of Yucca Valley
Hazard Communication (HazCom) Program
Duracell Batteries Yes
Houdini Lock Lubricant Yes
Johnson's Baby Head to Toe Wash Yes
Mane 'n Tail Shampoo Yes
Lime Plus Dip Yes
Frontline Flea and Tick Spray Yes
Town of Yucca Valley
Hazard Communication (HazCom) Program
Training Topic Checklist
• Requirements of T8 CCR section 5194.
• Operations where hazardous chemicals are present.
• Location and availability of the written Hazard Communication Program, including the list of hazardous chemicals and safety data sheets.
• Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area.
• The physical, health, simple asphyxiation, combustible dust, and pyrophoric gas hazards, as well as hazards not otherwise classified, of the chemicals in the work area. • The measures employees can take to protect themselves from these hazards, including specific procedures implemented to protect employees from exposure to hazardous chemicals. • Details of the Hazard Communication Program, including an explanation of the labels received on shipped containers and the workplace labeling system, safety data sheets, and how employees can obtain and use the appropriate hazard information.
• Employee rights:
• To personally receive information regarding hazardous chemicals to which they may be exposed. • For their physician or collective bargaining agent to receive information regarding hazardous chemicals to which the employee may be exposed.
• Against discharge or other discrimination due to the employee’s exercise of the rights afforded pursuant to the provisions of the Hazardous Substances Information and Training Act. • Trainings will make use of the following resources taken from the Cal/OSHA Hazard Communication Regulation – a Guide for Employers that Use Hazardous Chemicals. Next to each topic is a reference to the page from the Cal/OSHA Hazardous Communication Guide.
Label Requirements (Cal/OSHA Hazardous Communication Guide p.17)
1. Product
Identifier
2. Pictograms
3. Signal Words
4. Hazard
Statements
5. Precautionary
Statements
6. Supplier
Identification
Town of Yucca Valley
Hazard Communication (HazCom) Program
Pictograms (Cal/OSHA Hazardous Communication Guide p.15) Flame Over Circle Flame Exploding Bomb
• Oxidizers • Flammables
• Self-Reactives
• Pyrophoric
• Self-Heating
• Emits Flammable Gas
• Organic Peroxides
• Explosives
• Self-Reactives
• Organic Peroxides
Skill and Crossbones Corrosion Gas Cylinder
• Acute toxicity (fatal or
toxic)
• Skin Corrosion/Burns
• Eye Damage
• Corrosive to Metals
• Gases Under Pressure
Health Hazard Environmental Exclamation Mark
• Carcinogen
• Respiratory Sensitizer
• Reproductive Toxicity
• Target Organ Toxicity
• Mutagenicity
• Aspiration Toxicity
• Aquatic Toxicity
(Non Mandatory)
• Irritant (skin and eye)
• Skin Sensitizer
• Acute toxicity
(harmful)
• Narcotic Effects
• Respiratory Tract
• Hazardous to Ozone
Layer (Nonmandatory)
Town of Yucca Valley
Hazard Communication (HazCom) Program
SDS Elements (Cal/OSHA Hazardous Communication Guide p.10) SDS Sections Overview
1. Identification
2. Hazard (s) identification
3. Composition/ information on ingredients
4. First-aid measures
5. Fire-fighting measures
6. Accidental release measures
7. Handling and storage
8. Exposure control/ personal protection
9. Physical and chemical properties
10. Stability and reactivity
11. Toxicological information
12. Ecological information
13. Disposal considerations
14. Transport information
15. Regulatory information
16. Other information
Section 1: Identification
This section identifies the chemical on the SDS1 as well as the recommended uses. It also provides the essential contact information of the supplier. The required information consists of:
• Product identifier used on the label and any other common names or synonyms by which the substance is known.
• Name, address, and phone number of the manufacturer, importer, or other responsible party, and emergency phone number.
• Recommended use of the chemical (e.g., a brief description of what it actually does, such as flame retardant) and any restrictions on use (including recommendations given by the supplier).
Section 2: Hazard(s) Identification
This section identifies the hazards of the chemicals listed on the SDS and the appropriate warning information associated
with those hazards. The required information consists of:
• The hazard classification of the chemical (e.g., flammable liquid, category 1). • Signal word.
• Hazard statement(s).
• Pictograms (the pictograms or hazard symbols may be presented as graphical reproductions of the symbols in black and white or be a description of the name of the symbol [e.g., skull and crossbones, flame]).
• Precautionary statement(s).
• Description of any hazards not otherwise classified.
• For a mixture that contains an ingredient(s) with unknown toxicity, a statement describing how much (percentage) of the mixture consists of ingredient(s) with unknown acute toxicity. Please note that this is a total percentage of the mixture and not tied to the individual ingredient(s).
Provides identity information
Provides emergency information
Provides routine use information
Non-mandatory
Town of Yucca Valley
Hazard Communication (HazCom) Program
Section 3: Composition/Information on Ingredients
This section identifies the ingredient(s) contained in the product, including impurities and stabilizing additives. This section includes information on substances, mixtures, and all chemicals where a trade secret is claimed. The required information consists of:
Substances
• Chemical name.
• Common name and synonyms.
• Chemical Abstracts Service (CAS) number and other unique identifiers. • Impurities and stabilizing additives, which are themselves classified and which contribute to the classification of the chemical.
Mixtures
• Same information required for substances.
• The chemical name and concentration (i.e., exact percentage) of all ingredients that are classified as health hazards and are:
o Present above their cut-off/concentration limits, or
o Present a health risk below the cut-off/concentration limits. • The concentration of each ingredient must be specified except concentration ranges may be used in the following situations:
o A trade secret claim is made.
o There is batch-to-batch variation.
o The SDS is used for a group of substantially similar mixtures.
Chemicals where a trade secret is claimed
• A statement that the specific chemical identity and/or concentration has been withheld as a trade secret.
Section 4: First-Aid Measures
This section describes the initial care that should be given by untrained responders to an individual who has been exposed to the chemical. The required information consists of:
• Necessary first aid instructions by relevant routes of exposure (inhalation, skin and eye contact, and ingestion).
• Description of the most important symptoms or effects, and any symptoms that are acute or delayed. • Recommendations for immediate medical care and special treatment needed, when necessary.
Section 5: Firefighting Measures
This section provides recommendations for fighting a fire caused by the chemical. The required information consists of:
• Recommendations of suitable extinguishing equipment, and information about extinguishing equipment that is not appropriate for a particular situation.
• Advice on specific hazards that develop from the chemical during the fire, such as any hazardous combustion products created when the chemical burns.
• Recommendations on special protective equipment or precautions for firefighters.
Town of Yucca Valley
Hazard Communication (HazCom) Program
Section 6: Accidental Release Measures
This section provides recommendations on the appropriate response to spills, leaks, or releases, including containment and cleanup practices to prevent or minimize exposure to people, property, or the environment.
It may also include recommendations distinguishing between responses for large and small spills where the spill volume greatly affects the hazard. The required information may consist of recommendations for:
• Use of personal precautions (such as removal of ignition sources or providing sufficient ventilation) and protective equipment to prevent the contamination of skin, eyes, and clothing. • Emergency procedures, including instructions for evacuations, consulting experts when needed, and appropriate protective clothing.
• Methods and materials used for containment (e.g., covering the drains and capping procedures). • Cleanup procedures (e.g., appropriate techniques for neutralization, decontamination, cleaning, or vacuuming; adsorbent materials; equipment required for containment/clean up).
Section 7: Handling and Storage
This section provides guidance on the safe handling practices and conditions for safe storage of chemicals.
The required information consists of:
• Precautions for safe handling, including recommendations for handling incompatible chemicals, minimizing the release of the chemical into the environment, and using general hygiene practices (e.g., eating, drinking, and smoking in work areas is prohibited). • Recommendations on the conditions for safe storage, including any incompatibilities, and advice on specific storage requirements (e.g., ventilation requirements).
Section 8: Exposure Controls/Personal Protection
This section indicates the exposure limits, engineering controls, and personal protective measures that can be used to minimize worker exposure. The required information consists of:
• OSHA Permissible Exposure Limits (PELs), American Conference of Governmental Industrial Hygienists (ACGIH)
• Threshold Limit Values (TLVs), and any other exposure limit used or recommended by the chemical manufacturer, importer, or employer preparing the safety data sheet, where available. • Appropriate engineering controls (e.g., use local exhaust ventilation, use only in an enclosed system). • Recommendations for personal protective measures to prevent illness or injury from exposure to chemicals, such as personal protective equipment (PPE) (e.g., appropriate types of eye, face, skin, or respiratory protection needed based on hazards and potential exposure). • Any special requirements for PPE, protective clothing, or respirators (e.g., type of glove material, such as PVC or nitrile gloves; breakthrough time of the glove material).
Section 9: Physical and Chemical Properties
This section identifies physical and chemical properties associated with the substance or mixture. The minimum required
information consists of:
• Appearance (physical state, color, etc.) • Vapor pressure • Upper/lower flammability or explosive limits • Vapor density • Odor • Relative density
• Odor threshold • Solubility
• pH • Partition coefficient: n-octanol/water
• Melting point/freezing point • Auto-ignition temperature • Initial boiling point and boiling range • Decomposition temperature
Town of Yucca Valley
Hazard Communication (HazCom) Program
• Flash point • Viscosity
• Evaporation rate
• Flammability
The SDS may not contain every item on the above list because information may not be relevant or is not available. When this occurs, a notation to that effect must be made for that chemical property.
Manufacturers may also add other relevant properties, such as the dust deflagration index (Kst) for combustible dust, used to evaluate a dust’s explosive potential.
Section 10: Stability and Reactivity
This section describes the reactivity hazards of the chemical and the chemical stability information. This section is broken into three parts: reactivity, chemical stability, and other. The required information consists of:
Reactivity
• Description of the specific test data for the chemical(s). This data can be for a class or family of the chemical if such data adequately represent the anticipated hazard of the chemical(s), where available.
Chemical stability
• Indication of whether the chemical is stable or unstable under normal ambient temperature and conditions while in storage and being handled.
• Description of any stabilizers that may be needed to maintain chemical stability. • Indication of any safety issues that may arise should the product change in physical appearance.
Other
• Indication of the possibility of hazardous reactions, including a statement whether the chemical will react or polymerize, which could release excess pressure or heat, or create other hazardous conditions. Also, a description of the conditions under which hazardous reactions may occur. • List of all conditions that should be avoided (e.g., static discharge, shock, vibrations, environmental conditions that may lead to hazardous conditions).
• List of all classes of incompatible materials (e.g., classes of chemicals or specific substances) with which the chemical could react to produce a hazardous situation. • List of any known or anticipated hazardous decomposition products that could be produced because of use, storage, or heating. (Hazardous combustion products should also be included in section 5 [FireFighting Measures] of the SDS.) Section 11: Toxicological Information
This section identifies toxicological and health effects information or indicates that such data are not available. The required information consists of:
• Information on the likely routes of exposure (inhalation, ingestion, skin, and eye contact). The SDS should indicate if the information is unknown.
• Description of the delayed, immediate, or chronic effects from short- and long-term exposure. • The numerical measures of toxicity (e.g., acute toxicity estimates such as the LD50 [median lethal dose] — the estimated amount of a substance expected to kill 50% of test animals in a single dose). • Description of the symptoms. This description includes the symptoms associated with exposure to the chemical, including symptoms from the lowest to the most severe exposure. • Indication of whether the chemical is listed in the National Toxicology Program (NTP) Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in the International Agency for Research on Cancer (IARC) Monographs (latest editions) or found to be a potential carcinogen by Cal/OSHA.
Town of Yucca Valley
Hazard Communication (HazCom) Program
Section 12: Ecological Information (non-mandatory)
This section provides information to evaluate the environmental impact of the chemical(s) if it were released to the environment. The information may include:
• Data from toxicity tests performed on aquatic and/or terrestrial organisms, where available (e.g., acute, or chronic aquatic toxicity data for fish, algae, crustaceans, and other plants; toxicity data on birds, bees, plants).
• Whether there is a potential for the chemical to persist and degrade in the environment either through biodegradation or other processes, such as oxidation or hydrolysis. • Results of tests of bioaccumulation potential, making reference to the octanol-water partition coefficient (Kow) and the bioconcentration factor (BCF), where available. • The potential for a substance to move from the soil to the groundwater (indicate results from adsorption or leaching studies).
• Other adverse effects (e.g., environmental fate, ozone layer depletion potential, photochemical ozone creation potential, endocrine disrupting potential, and/or global warming potential).
Section 13: Disposal Considerations (non-mandatory)
This section provides guidance on proper disposal practices, recycling or reclamation of the chemical(s) or its container, and safe handling practices. To minimize exposure, this section should also refer the reader to Section 8 (Exposure Controls/Personal Protection) of the SDS. The information may include:
• Description of appropriate disposal containers to use. • Recommendations of appropriate disposal methods to employ. • Description of the physical and chemical properties that may affect disposal activities. • Language discouraging sewage disposal.
• Any special precautions for landfills or incineration activities.
Section 14: Transport Information (non-mandatory)
This section provides guidance on classification information for shipping and transporting of hazardous chemical(s) by road, air, rail, or sea. The information may include:
• UN number (i.e., four-figure identification number of the substance). • UN proper shipping name.
• Transport hazard class(es).
• Packing group number, if applicable, based on the degree of hazard. • Environmental hazards (e.g., identify if it is a marine pollutant according to the International Maritime Dangerous Goods Code (IMDG Code)).
• Guidance on transport in bulk (according to Annex II of MARPOL 73/783 and the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (International Bulk Chemical Code.
• Any special precautions which an employee should be aware of or needs to comply with, in connection with transport or conveyance either within or outside their premises (indicate when information is not available).
Section 15: Regulatory Information (non-mandatory)
This section identifies the safety, health, and environmental regulations specific for the product that is not indicated anywhere else on the SDS. The information may include:
• Any national and/or regional regulatory information of the chemical or mixtures (including any OSHA, Department of Transportation, Environmental Protection Agency, or Consumer Product Safety Commission regulations).
Town of Yucca Valley
Hazard Communication (HazCom) Program
[Date]
Sample SDS Request Letter
Date: [enter date]
Manufacturer orDistributor: [enter name of manufacturer or distributor] Address: [enter address of manufacturer or distributor] RE: SDS for listed product identifiers
Product name on label Additional identifying information Please provide me with an up-to-date copy of your Safety Data Sheet (SDS) for the above product(s). The SDS is needed for compliance with the State of California Hazard Communication Regulation, title 8, California Code of Regulations, section 5194.
Please either send the SDS to:
[Name]
[Name of Town of Yucca Valley]
[Street address]
[City, State, Zip]
Or email to: [Type email address here]
Please notify us in writing if this product does not require an SDS.
If you have any questions regarding our request, please contact [Type name and phone number here].
Sincerely,
[Town of Yucca Valley Representative]
Item: 5.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Debra Breidenbach, Human Resources and Risk Manager Date: July 9, 2026
Meeting Date: July 21, 2026
Subject: Consideration of Participation in the Coalition to Reform California's Tort Liability System
Recommendation:
1. Authorize the Town of Yucca Valley to join the Coalition to Reform California’s Tort Liability System; and
2. Authorize the Town Manager to execute any documents necessary to participate in the coalition including providing the Town’s logo for collateral.
Prior Review:
This item has not been reviewed by the Town Council.
Discussion:
California public agencies have experienced a significant increase in litigation costs over the past several years. Escalating jury verdicts, increasing settlement values, and expanding legal liability have resulted in substantial increases in liability insurance premiums, self-insured retention costs and litigation expenses for cities/towns, counties, special districts, and joint powers authorities (JPA)’s. These increasing costs reduce the financial resources available for essential services, including public safety, roads and infrastructure maintenance, parks, senior services and other community priorities.
A coalition of California public agencies and risk pools has been formed to advocate for reforms to California’s tort liability system. The coalition’s objective is to promote legislative changes that encourage fairness and fiscal responsibility. Participation is advocacy oriented and is not expected to require staff resources beyond the Coalition identifying the Town as a participating agency and utilizing the Town’s’ logo in coalition materials.
Although this agenda item is specific to joining the Coalition to reform California's Tort Liability system, we have also advocated with CIRA (California Intergovernmental Risk Authority), and
potentially other groups to advocate for change.
Alternatives
None
Fiscal Impact:
None
Attachments
1. Request to participate
Item: 6.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Debra Breidenbach, Human Resources and Risk Manager Date: June 4, 2026
Meeting Date: July 21, 2026
Subject: Approval of Updated Section 125 Benefit Plan Document.
Recommendation:
That the Town Council approves the draft amended Section 125 Cafeteria Plan Document, subject to non-substantive changes and/or edits.
Prior Review:
None.
Discussion:
The Town maintains a Section 125 Cafeteria Plan pursuant to the Internal Revenue Code, which allows eligible employees to pay certain benefit-related expenses on a pre-tax basis. The proposed updated Section 125 Cafeteria Plan Document includes revisions necessary to maintain compliance with federal regulations governing cafeteria plans. The updates also clarify administrative provisions and ensure that the Plan accurately reflects the Town's current employee benefit structure.
The proposed updates do not alter the Town's overall benefits program but instead update the governing Plan document to reflect current legal and administrative requirements. Staff recommends approving the amended Section 125 Cafeteria Plan document.
Alternatives
None recommended.
Fiscal Impact:
None
Attachments
1. YV - Section 125 Plan Doc
2. Employee Benefit Cap Information
1 PLAN DOCUMENT SECTION 125
FLEXIBLE BENEFIT PLAN
2 SECTION 125 FLEXIBLE BENEFIT PLAN
ADOPTION AGREEMENT
The undersigned Employer hereby adopts the Section 125 Flexible Benefit Plan for those Employees who shall qualify as Participants hereunder. The Employer hereby selects the following Plan specifications:
A. EMPLOYER INFORMATION
Name of Employer: TOWN OF YUCCA VALLEY
Address: 57090 29 PALM HWY
YUCCA VALLEY, CA 92284
Employer Identification Number: 33-0490145
Nature of Business: MUNICIPALITY
Name of Plan: TOWN OF YUCCA VALLEY
Flexible Benefit Plan
Plan Number: 501
125/Flex
B. EFFECTIVE DATE
Originally effective date of the Plan: January 1, 2006
If Amendment to existing plan,
effective date of amendment July 1, 2026
C. ELIGIBILITY REQUIREMENTS FOR PARTICIPATION
Eligibility requirements for each component plan under this Section 125 document will be applicable and, if different, will be listed in Item F.
Length of Service: First day of the month following
employment.
Retiree Wording: N/A
Minimum Hours: All employees with 30 hours of service or more each week. An hour of service is each
hour for which an employee receives, or is
entitled to receive, payment for performance
of duties for the Employer.
Age: Minimum age of 0 years.
D. PLAN YEAR
The current plan year will begin on July 1,
2026.
Each subsequent plan year will begin on
January 1 and end on December 31.
3 E. EMPLOYER CONTRIBUTIONS
Non-Elective Contributions: The maximum amount available to each Participant for the purchase of elected
benefits with non-elective contributions will
be:
Employer may furnish a non-elective
contribution as shown in the enrollment
materials. There are two tiers that the Town
offers for contributions. The amounts of the
tiers, based on hire date, may be amended at
the discretion of the Town during the budget
cycle.
The Employer may at its sole discretion
provide a non-elective contribution to
provide benefits for each Participant under
the Plan. This amount will be set by the
Employer each Plan Year in a uniform and
non-discriminatory manner. If this nonelective contribution amount exceeds the cost of benefits elected by the Participant, excess
amounts may be paid to the Participant as
taxable cash.
Elective Contributions
(Salary Reduction): The maximum amount available to each Participant for the purchase of elected
benefits through salary reduction will be:
100% of compensation per entire plan year.
Each Participant may authorize the Employer
to reduce his or her compensation by the
amount needed for the purchase of benefits
elected, less the amount of non-elective
contributions. An election for salary
reduction will be made on the benefit election
form.
4 F. AVAILABLE BENEFITS: Each of the following components should be considered a plan that comprises this Plan.
1. Group Medical Insurance -- The terms, conditions, and limitations for the Group Medical Insurance will be as set forth in the insurance policy or policies described below: (See Section V of the Plan Document)
American Fidelity Assurance Company : Accident Only | CalPERS : | Eligibility Requirements for Participation, if different than Item C.
2. Disability Income Insurance -- The terms, conditions, and limitations for the Disability Income Insurance will be as set forth in the insurance policy or policies described below: (See Section VI of the Plan Document)
American Fidelity Assurance Company : | Lincoln Financial : STD & LTD |
Eligibility Requirements for Participation, if different than Item C.
3. Cancer Coverage -- The terms, conditions, and limitations for the Cancer Coverage will be as set forth in the insurance policy or policies described below:
(See Section V of the Plan Document)
American Fidelity Assurance Company : C-11 and subsequent policies | Eligibility Requirements for Participation, if different than Item C.
4. Dental/Vision Insurance -- The terms, conditions, and limitations for the Dental/Vision Insurance will be as set forth in the insurance policy or policies described below: (See Section V of the Plan Document)
Delta Dental : | Vision Service Plan : |
Eligibility Requirements for Participation, if different than Item C.
5. Group Life Insurance which will be comprised of Group term life insurance and Individual term life insurance under Section 79 of the Code.
The terms, conditions, and limitations for the Group Life Insurance will be as set forth in the insurance policy or policies described below: (See Section VII of the Plan Document)
Lincoln Financial : |
Individual life coverage under Section 79 is available as a benefit, and the face amount when combined with the group-term life, if any, may exceed $50,000.
Eligibility Requirements for Participation, if different than Item C.
6. Dependent Care Assistance Plan -- The terms, conditions, and limitations for the Dependent Care Assistance Plan will be as set forth in Section IX of the Plan Document and described below:
5 Minimum Contribution - $0.00 per Plan Year
Maximum Contribution - $Per IRS Regulations
Plan Year Recordkeeper: American Fidelity Assurance
Company
Eligibility Requirements for Participation, if different than Item C.
N/A
7. Medical Expense Reimbursement Plan (a.k.a. Healthcare Flexible Spending Account) -- The terms, conditions, and limitations for the Medical Expense Reimbursement Plan will be as set forth in Section VIII of the Plan Document and described below:
Minimum Coverage - $0.00 per Plan Year
Maximum Coverage - $ In no event can the maximum exceed the limit as indicated by the IRS regulations.
Recordkeeper: American Fidelity Assurance Company
Restrictions: As outlined in Policy G-905/R1.
Grace Period: The Provisions in Section 8.06 of the Plan to permit a Grace Period with respect to the Medical Expense Reimbursement Plan are elected.
Carryover: The Provisions in Section 8.07 of the Plan to permit a Carryover with respect to the Medical Expense Reimbursement Plan are not elected.
Carryover Maximum: $0.00 per Plan Year.
HEART Act: The provisions in Section 8.08 of the Plan to permit the Qualified Reservist Distribution of the Heroes Earnings Assistance and Relief Tax Act (HEART) are elected.
Eligibility Requirements for Participation, if different than Item C.
8.
6 The Plan shall be construed, enforced, administered, and the validity determined in accordance with the applicable provisions of the Employee Retirement Income Security Act of 1974, (as amended) if applicable, the Internal Revenue Code of 1986 (as amended), and the laws of the State of California. Should any provision be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will continue to operate, and for purposes of the jurisdiction of the court only, will be deemed not to include the provision determined to be void.
This Plan is hereby adopted _.
TOWN OF YUCCA VALLEY -
(Name of Employer)
Signed By:
Title:
APPENDIX A
Related Employers that have adopted this Plan
Name(s):
N/A
THIS DOCUMENT IS NOT COMPLETE WITHOUT SECTIONS I THROUGH XIII PD – 1122 Document ID # 164602MCP #98044 Effective Date: 7/1/2026
8 SECTION 125 FLEXIBLE BENEFIT PLAN
SECTION I
PURPOSE
The Employer is establishing this Flexible Benefit Plan in order to make a broader range of benefits available to its Employees and their Beneficiaries. This Plan allows Employees to choose among different types of benefits and select the combination best suited to their individual goals, desires, and needs. These choices include an option to receive certain benefits in lieu of taxable compensation.
In establishing this Plan, the Employer desires to attract, reward, and retain highly qualified, competent Employees, and believes this Plan will help achieve that goal.
It is the intent of the Employer to establish this Plan in conformity with Section 125 of the Internal Revenue Code of 1986, as amended, and in compliance with applicable rules and regulations issued by the Internal Revenue Service. This Plan will grant to eligible Employees an opportunity to purchase qualified benefits which, when purchased alone by the Employer, would not be taxable.
SECTION II
DEFINITIONS
The following words and phrases appear in this Plan and will have the meaning indicated below unless a different meaning is plainly required by the context:
2.01 Administrator The Employer unless another has been designated in writing by the Employer as Administrator within the meaning of Section 3(16) of ERISA (if applicable).
2.02 Beneficiary Any person or persons designated by a participating Employee to receive any benefit payable under the Plan on account of the Employee's death.
2.02 a Carryover The amount equal to the lesser of (a) any unused amounts from the immediately preceding Plan Year or (b) an amount up to $610, as indexed for inflation, paralleling the indexing applicable to the limit on salary reduction contributions under Code Section 125(i) of the Code, except that in no event may the Carryover be less than five dollars ($5).
2.03 Code Internal Revenue Code of 1986, as amended.
2.04 Dependent Any of the following:
(a) Tax Dependent: A Dependent includes a Participant's spouse and any other person who is a Participant's dependent within the meaning of Code Section 152, provided that, with respect to any plan that provides benefits that are excluded from an Employee’s income under Code Section 105, a Participant's dependent (i) is any person within the meaning of Code Section 152, determined without regard to Subsections (b)(1), (b)(2), and
9 (d)(1)(B) thereof, and (ii) includes any child of the Participant to whom Code Section 152(e) applies (such child will be treated as a dependent of both divorced parents).
(b) Student on a Medically Necessary Leave of Absence: With respect to any plan that is considered a group health plan under Michelle’s Law (and not a HIPAA excepted benefit under Code Sections 9831(b), (c) and 9832(c)) and to the extent the Employer is required by Michelle’s Law to provide continuation coverage, a Dependent includes a child who qualifies as a Tax Dependent (defined in Section 2.04(a)) because of his or her fulltime student status, is enrolled in a group health plan, and is on a medically necessary leave of absence from school. The child will continue to be a Dependent if the medically necessary leave of absence commences while the child is suffering from a serious illness or injury, is medically necessary, and causes the child to lose student status for purposes of the group health plan’s benefits coverage. Written physician certification that the child is suffering from a serious illness or injury and that the leave of absence is medically necessary is required at the Administrator’s request. The child will no longer be considered a Dependent as of the earliest date that the child is no longer on a medically necessary leave of absence, the date that is one year after the first day of the medically necessary leave of absence, or the date benefits would otherwise terminate under either the group health plan or this Plan. Terms related to Michelle’s Law, and not otherwise defined, will have the meaning provided under the Michelle’s Law provisions of Code Section 9813.
(c) Adult Children: With respect to any plan that provides benefits that are excluded from an Employee’s income under Code Section 105, a Dependent includes a child of a Participant who as of the end of the calendar year has not attained age 27. A ‘child’ for purpose of this Section 2.04(c) means an individual who is a son, daughter, stepson, or stepdaughter of the Participant, a legally adopted individual of the Participant, an individual who is lawfully placed with the Participant for legal adoption by the Participant, or an eligible foster child who is placed with the Participant by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction. An adult child described in this Section
2.04(c) is only a Dependent with respect to benefits provided after March 30, 2010 (subject to any other limitations of the Plan).
Dependent for purposes of the Dependent Care Reimbursement Plan is defined in Section 9.04(a).
2.05 Effective Date The effective date of this Plan as shown in Item B of the Adoption Agreement.
2.06 Elective Contribution The amount the Participant authorizes the Employer to reduce compensation for the purchase of benefits elected.
10 2.07 Eligible Employee Employee meeting the eligibility requirements for participation as shown in Item C of the Adoption Agreement.
2.08 Employee Any person employed by the Employer on or after the Effective Date.
2.09 Employer The entity shown in Item A of the Adoption Agreement, and any Related Employers authorized to participate in the Plan with the approval of the Employer. Related Employers who participate in this Plan are listed in Appendix A to the Adoption Agreement.
For the purposes of Section 11.01 and 11.02, only the Employer as shown in Item A of the Adoption Agreement may amend or terminate the Plan.
2.10 Employer Contributions Amounts that have not been actually received by the Participant and are available to the Participant for the purpose of selecting benefits under the Plan. This term includes NonElective Contributions and Elective Contributions through salary reduction.
2.11 Entry Date The date that an Employee is eligible to participate in the Plan.
2.12 ERISA The Employee Retirement Income Security
Act of 1974, Public Law 93-406 and all regulations and rulings issued thereunder, as amended (if applicable).
2.13 Fiduciary The named fiduciary shall mean the
Employer, the Administrator and other parties designated as such, but only with respect to any specific duties of each for the Plan as may be set forth in a written agreement.
2.14 2.15
2.16 Highly Compensated Any Employee who at any time during the Plan Year is a "highly compensated employee" as defined in Section 414(q) of the Code.
2.17 2.18 HIPAA The Health Insurance Portability and
Accountability Act of 1996, as amended.
11 2.19 Insurer Any insurance company that has issued a policy pursuant to the terms of this Plan.
2.20 Key Employee Any Participant who is a "key employee" as defined in Section 416(i) of the Code.
2.21 Non-Elective Contribution A contribution amount made available by the Employer for the purchase of benefits elected by the Participant.
2.22 Participant An Employee who has qualified for Plan participation as provided in Item C of the Adoption Agreement.
2.23 Plan The Plan referred to in Item A of the
Adoption Agreement as may be amended from time to time.
2.24 Plan Year The Plan Year as specified in Item D of the Adoption Agreement.
2.25 Policy An insurance policy issued as a part of this Plan.
2.26 Preventative Care Medical expenses which meet the safe harbor definition of “preventative care” set forth in IRS Notice 2004-23, which includes, but is not limited to, the following: (i) periodic health evaluations, such as annual physicals (and the tests and diagnostic procedures ordered in conjunction with such evaluations); (ii) well-baby and/or well-child care; (iii) immunizations for adults and children; (iv) tobacco cessation and obesity weight-loss programs; and (v) screening devices. However, preventative care does not generally include any service or benefit intended to treat an existing illness, injury or condition.
2.27 Recordkeeper The person designated by the Employer to perform recordkeeping and other ministerial duties with respect to the Medical Expense Reimbursement Plan and/or the Dependent Care Reimbursement Plan.
2.28 Related Employer Any employer that is a member of a related group of organizations with the Employer shown in Item A of the Adoption Agreement, and as specified under Code Section 414(b), (c) or (m).
SECTION III
ELIGIBILITY, ENROLLMENT, AND PARTICIPATION
3.01 ELIGIBILITY: Each Employee of the Employer who has met the eligibility requirements of Item C of the Adoption Agreement will be eligible to participate in the Plan on the Entry Date specified or the Effective Date of the Plan, whichever is later. Dependent eligibility to receive benefits under any of the plans listed in Item F of the Adoption Agreement will be described in the documents governing those benefit plans. To the extent a Dependent is eligible to receive benefits under a plan listed in Item F, an
12 Eligible Employee may elect coverage under this Plan with respect to such Dependent. Notwithstanding the foregoing, life insurance coverage on the life of a Dependent may not be elected under this Plan.
3.02 ENROLLMENT: An eligible Employee may enroll (or re-enroll) in the Plan by submitting to the Employer, during an enrollment period, an Election Form which specifies his or her benefit elections for the Plan Year and which meets such standards for completeness and accuracy as the Employer may establish. A Participant's Election Form shall be completed prior to the beginning of the Plan Year, and shall not be effective prior to the date such form is submitted to the Employer. Any Election Form submitted by a Participant in accordance with this Section shall remain in effect until the earlier of the following dates: the date the Participant terminates participation in the Plan; or, the effective date of a subsequently filed Election Form.
A Participant's right to elect certain benefit coverage shall be limited hereunder to the extent such rights are limited in the Policy. Furthermore, a Participant will not be entitled to revoke an election after a period of coverage has commenced and to make a new election with respect to the remainder of the period of coverage unless both the revocation and the new election are on account of and consistent with a change in status, or other allowable events, as determined by Section 125 of the Internal Revenue Code and the regulations thereunder.
3.03 TERMINATION OF PARTICIPATION: A Participant shall continue to participate in the Plan until the earlier of the following dates:
a. The date the Participant terminates employment by death, disability, retirement or other separation from service; or
b. The date the Participant ceases to work for the Employer as an eligible Employee; or c. The date of termination of the Plan; or
d. The first date a Participant fails to pay required contributions while on a leave of absence.
3.04 SEPARATION FROM SERVICE: The existing elections of an Employee who separates from the employment service of the Employer shall be deemed to be automatically terminated and the Employee will not receive benefits for the remaining portion of the Plan Year.
3.05 QUALIFYING LEAVE UNDER FAMILY LEAVE ACT: Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to maintain the Participant’s existing coverage under the Plan with respect to benefits under Section V and Section VIII of the Plan on the same terms and conditions as though he were still an active Employee. If the Employee opts to continue his coverage, the Employee may pay his Elective Contribution with after-tax dollars while on leave (or pre-tax dollars to the extent he receives compensation during the leave), or the Employee may be given the option to pre-pay all or a portion of his Elective Contribution for the expected duration of the leave on a pre-tax salary reduction basis out of his pre-leave compensation (including unused sick days or vacation) by making a special election to that effect prior to the date such compensation would normally be made available to him (provided, however, that pre-tax dollars may not be utilized to fund coverage during the next plan year), or via other arrangements agreed upon between the Employee and the Administrator (e.g., the Administrator may fund coverage during the leave and withhold amounts upon the Employee’s return). Upon return from such leave, the Employee will be permitted to reenter the Plan on the same basis the Employee was participating in the Plan prior to his leave, or as otherwise required by the FMLA.
SECTION IV
13 CONTRIBUTIONS
4.01 EMPLOYER CONTRIBUTIONS: The Employer may pay the costs of the benefits elected under the Plan with funds from the sources indicated in Item E of the Adoption Agreement. The Employer Contribution may be made up of Non-Elective Contributions and/or Elective Contributions authorized by each Participant on a salary reduction basis.
4.02 IRREVOCABILITY OF ELECTIONS: A Participant may file a written election form with the Administrator before the end of the current Plan Year revising the rate of his contributions or discontinuing such contributions effective as of the first day of the next following Plan Year. The Participant’s Elective Contributions will automatically terminate as of the date his employment terminates. Except as provided in this Section 4.02 and Section 4.03, a Participant’s election under the Plan is irrevocable for the duration of the plan year to which it relates. The exceptions to the irrevocability requirement which would permit a mid-year election change in benefits and the salary reduction amount elected are set out in the Treasury regulations promulgated under Code Section 125, which include the following:
(a) Change in Status. A Participant may change or revoke his election under the Plan upon the occurrence of a valid change in status, but only if such change or termination is made on account of, and is consistent with, the change in status in accordance with the Treasury regulations promulgated under Section 125.
The Employer, in its sole discretion as Administrator, shall determine whether a requested change is on account of and consistent with a change in status, as follows:
(1) Change in Employee’s legal marital status, including marriage, divorce, death of spouse, legal separation, and annulment;
(2) Change in number of Dependents, including birth, adoption, placement for adoption, and death; (3) Change in employment status, including any employment status change affecting benefit eligibility of the Employee, spouse or Dependent, such as termination or commencement of employment, change in hours, strike or lockout, a commencement or return from an unpaid leave of absence, and a change in work site. If the eligibility for either the cafeteria Plan or any underlying benefit plans of the Employer of the Employee, spouse or Dependent relies on the employment status of that individual, and there is a change in that individual’s employment status resulting in gaining or losing eligibility under the Plan, this constitutes a valid change in status.
This category only applies if benefit eligibility is lost or gained as a result of the event. If an Employee terminates and is rehired within 30 days, the Employee is required to step back into his previous election. If the Employee terminates and is rehired after 30 days, the Employee may either step back into the previous election or make a new election; (4) Dependent satisfies, or ceases to satisfy, Dependent eligibility requirements due to attainment of age, gain or loss of student status, marriage or any similar circumstances; and (5) Residence change of Employee, spouse or Dependent, affecting the Employee’s eligibility for coverage.
(b) Special Enrollment Rights. If a Participant or his or her spouse or Dependent is entitled to special enrollment rights under a group health plan (other than an excepted benefit), as required by HIPAA under Code Section 9801(f), then a Participant may revoke a prior election for group health plan coverage and make a new election, provided that the election change corresponds with such HIPAA special enrollment right. As required by HIPAA, a special enrollment right will arise in the following circumstances: (i) a Participant or his or her spouse or Dependent declined to enroll in group health
14 plan coverage because he or she had coverage, and eligibility for such coverage is subsequently lost because the coverage was provided under COBRA and the COBRA coverage was exhausted, or the
15 coverage was non-COBRA coverage and the coverage terminated due to loss of eligibility for coverage or the employer contributions for the coverage were terminated; (ii) a new Dependent is acquired as a result of marriage, birth, adoption, or placement for adoption; (iii) the Participant’s or his or her spouse’s or Dependent’s coverage under a Medicaid plan or under a children’s health insurance program (CHIP) is terminated as a result of loss of eligibility for such coverage and the Participant requests coverage under the group health plan not later than 60 days after the date of termination of such coverage; or (iv) the Participant, his or her spouse or Dependent becomes eligible for a state premium assistance subsidy from a Medicaid plan or through a state children’s insurance program with respect to coverage under the group health plan and the Participant requests coverage under the group health plan not later than 60 days after the date the Participant, his or her spouse or Dependent is determined to be eligible for such assistance. An election change under (iii) or (iv) of this provision must be requested within 60 days after the termination of Medicaid or state health plan coverage or the determination of eligibility for a state premium assistance subsidy, as applicable.
Special enrollment rights under the health insurance plan will be determined by the terms of the health insurance plan.
(c) Certain Judgments, Decrees or Orders. If a judgment, decree or order resulting from a divorce, legal separation, annulment or change in legal custody (including a qualified medical child support order [QMCSO]) requires accident or health coverage for a Participant’s child or for a foster child who is a dependent of the Participant, the Participant may have a mid-year election change to add or drop coverage consistent with the Order.
(d) Entitlement to Medicare or Medicaid. If a Participant, Participant’s spouse or Participant’s Dependent who is enrolled in an accident or health plan of the Employer becomes entitled to Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines), the Participant may cancel or reduce health coverage under the Employer’s Plan. Loss of Medicare or Medicaid entitlement would allow the Participant to add health coverage under the Employer’s Plan.
(e) Family Medical Leave Act. If an Employee is taking leave under the rules of the Family Medical Leave Act, the Employee may revoke previous elections and re-elect benefits upon return to work. (f) COBRA Qualifying Event. If an Employee has a COBRA qualifying event (a reduction in hours of the Employee, or a Dependent ceases eligibility), the Employee may increase his pre-tax contributions for coverage under the Employer’s Plan if a COBRA event occurs with respect to the Employee, the Employee’s spouse or Dependent. The COBRA rule does not apply to COBRA coverage under another Employer’s Plan.
(g) Changes in Eligibility for Adult Children. To the extent the Employer amends a plan listed in Item F of the Adoption Agreement that provides benefits that are excluded from an Employee’s income under Code Section 105 to provide that Adult Children (as defined in Section 2.04(c)) are eligible to receive benefits under the plan, an Eligible Employee may make or change an election under this Plan to add coverage for the Adult Child and to make any corresponding change to the Eligible Employee’s coverage that is consistent with adding coverage for the Adult Child. (h) Cancellation due to reduction in hours of service. A Participant may cancel group health plan (as that term is defined in Code Section 9832(a)) coverage, except Health FSA coverage, under the Employer’s Plan if both of the following conditions are met:
(i) The Participant has been in an employment status under which the Participant was reasonably expected to average at least 30 hours of service per week and there is a change
16 in that Participant’s status so that the Participant will reasonably be expected to average less than 30 hours of service per week after the change, even if that reduction does not result in the Participant ceasing to be eligible under the group health plan; and (ii) The cancellation of the election of coverage under the Employer’s group health plan coverage corresponds to the intended enrollment of the Participant, and any related individuals who cease coverage due to the cancellation, in another plan that provides minimum essential coverage with the new coverage effective no later than the first day of the second month following the month that includes the date the original coverage is cancelled.
(i) Cancellation due to enrollment in a Qualified Health Plan. A participant may cancel group health plan (as that term is defined in Code Section 9832(a)) coverage, except Health FSA coverage, under the Employer’s Plan if both of the following conditions are met:
(i) The Participant is eligible for a Special Enrollment Period (as defined in Code Section 9801(f)) to enroll in a Qualified Health Plan (as described in section 1311 of the Patient Protection and Affordable Care Act (PPACA)) through a competitive marketplace established under section 1311(c) of PPACA (Marketplace), pursuant to guidance issued by the Department of Health and Human Services and any other applicable guidance, or the Participant seeks to enroll in a Qualified Health Plan through a Marketplace during the Marketplace’s annual open enrollment period; and
(ii) The cancellation of the election of coverage under the Employer’s group health plan coverage corresponds to the intended enrollment of the Participant and any related individuals who cease coverage due to the cancellation in a Qualified Health Plan through a Marketplace for new coverage that is effective beginning no later than the day immediately following the last day of the original coverage that is cancelled. (j) Cancellation due to related individuals’ enrollment in a Qualified Health Plan. For elections effective on or after January 1, 2023, a participant may cancel an election of family coverage under a group health plan (as that term is defined in Code Section 9832(a)), except Health FSA coverage, under the Employer’s Plan if both of the following conditions are met:
(i) One or more related individuals are eligible for a Special Enrollment Period (as defined in Code Section 9801(f)) to enroll in a Qualified Health Plan (as described in section 1311 of the Patient Protection and Affordable Care Act (PPACA)) through a competitive marketplace established under section 1311(c) of PPACA (Marketplace), pursuant to guidance issued by the Department of Health and Human Services and any other applicable guidance, or one or more already-covered related individuals seeks to enroll in a Qualified Health Plan through a Marketplace during the Marketplace’s annual open enrollment period; and
(ii) The cancellation of the election of coverage under the Employer’s group health plan coverage corresponds to the intended enrollment of the related individual or related individuals who cease coverage due to the cancellation in a Qualified Health Plan through a Marketplace for new coverage that is effective beginning no later than the day
17 immediately following the last day of the original coverage that is cancelled. If the employee does not enroll in a Qualified Health Plan through an Exchange as set forth in Notice 2014-55, the employee must elect self-only coverage (or family coverage including one or more already-covered related individuals) under the group health plan.
Notwithstanding anything to the contrary in this Section 4.02, the change in election rules in this Section
4.02 do not apply to the Medical Expense Reimbursement Plan, or may not be modified with respect to the Medical Expense Reimbursement Plan if the Plan is being administered by a Recordkeeper other than the Employer, unless the Employer and the Recordkeeper otherwise agree in writing.
4.03 OTHER EXCEPTIONS TO IRREVOCABILITY OF ELECTIONS. Other exceptions to the irrevocability of election requirement permit mid-year election changes and apply to all qualified benefits except for Medical Expense Reimbursement Plans, as follows:
(a) Change in Cost. If the cost of a benefit package option under the Plan significantly increases during the plan year, Participants may (i) make a corresponding increase in their salary reduction amount, (ii) revoke their elections and make a prospective election under another benefit option offering similar coverage, or (iii) revoke election completely if no similar coverage is available, including in spouse or dependent’s plan. If the cost significantly decreases, employees may elect coverage even if they had not previously participated and may drop their previous election for a similar coverage option in order to elect the benefit package option that has decreased in cost during the year. If the increased or decreased cost of a benefit package option under the Plan is insignificant, the participant’s salary reduction amount shall be automatically adjusted. (b) Significant curtailment of coverage.
(i) With no loss of coverage. If the coverage under a benefit package option is significantly curtailed or ceases during the Plan Year, affected Participants may revoke their elections for the curtailed coverage and make a new prospective election for coverage under another benefit package option providing similar coverage.
(ii) With loss of coverage. If there is a significant curtailment of coverage with loss of coverage, affected Participants may revoke election for curtailed coverage and make a new prospective election for coverage under another benefit package option providing similar coverage, or drop coverage if no similar benefit package option is available. (c) Addition or Significant Improvement of Benefit Package Option. If during the Plan Year a new benefit package option is added or significantly improved, eligible employees, whether currently participating or not, may revoke their existing election and elect the newly added or newly improved option.
(d) Change in Coverage of a Spouse or Dependent Under Another Employer’s Plan. If there is a change in coverage of a spouse, former spouse, or Dependent under another employer’s plan, a Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of the spouse or Dependent. This rule applies if (1) mandatory changes in coverage are initiated by either the insurer of spouse’s plan or by the spouse’s employer, or (2) optional changes are initiated by the spouse’s employer or by the spouse through open enrollment. (e) Loss of coverage under other group health coverage. If during the Plan Year coverage is lost under any group health coverage sponsored by a governmental or educational institution, a Participant may
18 prospectively change his or her election to add group health coverage for the affected Participant or his or her spouse or dependent.
4.04 CASH BENEFIT: Available amounts not used for the purchase of benefits under this Plan may be considered a cash benefit under the Plan payable to the Participant as taxable income to the extent indicated in Item E of the Adoption Agreement.
4.05 PAYMENT FROM EMPLOYER'S GENERAL ASSETS: Payment of benefits under this Plan shall be made by the Employer from Elective Contributions which shall be held as a part of its general assets.
4.06 EMPLOYER MAY HOLD ELECTIVE CONTRIBUTIONS: Pending payment of benefits in accordance with the terms of this Plan, Elective Contributions may be retained by the Employer in a separate account or, if elected by the Employer and as permitted or required by regulations of the Internal Revenue Service, Department of Labor or other governmental agency, such amounts of Elective Contributions may be held in a trust pending payment.
4.07 MAXIMUM EMPLOYER CONTRIBUTIONS: With respect to each Participant, the maximum amount made available to pay benefits for any Plan Year shall not exceed the Employer's Contribution specified in the Adoption Agreement and as provided in this Plan.
19 SECTION V
GROUP MEDICAL INSURANCE BENEFIT PLAN
5.01 PURPOSE: These benefits provide the group medical insurance benefits to Participants.
5.02 ELIGIBILITY: Eligibility will be as required in Items F(1), F(3), and F(4) of the Adoption Agreement.
5.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in Items F(1), F(3), and F(4) of the Adoption Agreement.
5.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions and limitations of the benefits offered shall be as specifically described in the Policy identified in the Adoption Agreement.
5.05 COBRA: To the extent required by Section 4980B of the Code and Sections 601 through 607 of ERISA, Participants and Dependents shall be entitled to continued participation in this Group Medical Insurance Benefit Plan by contributing monthly (from their personal assets previously subject to taxation) 102% of the amount of the premium for the desired benefit during the period that such individual is entitled to elect continuation coverage, provided, however, in the event the continuation period is extended to 29 months due to disability, the premium to be paid for continuation coverage for the 11 month extension period shall be 150% of the applicable premium.
5.06 SECTION 105 AND 106 PLAN: It is the intention of the Employer that these benefits shall be eligible for exclusion from the gross income of the Participants covered by this benefit plan, as provided in Code Sections 105 and 106, and all provisions of this benefit plan shall be construed in a manner consistent with that intention. It is also the intention of the Employer to comply with the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 as outlined in the policies identified in the Adoption Agreement.
5.07 CONTRIBUTIONS: Contributions for these benefits will be provided by the Employer on behalf of a Participant as provided for in Item E of the Adoption Agreement.
5.08 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT:
Notwithstanding anything to the contrary herein, the Group Medical Insurance Benefit Plan shall comply with the applicable provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103-353).
SECTION VI
DISABILITY INCOME BENEFIT PLAN
6.01 PURPOSE: This benefit provides disability insurance designated to provide income to Participants during periods of absence from employment because of disability.
6.02 ELIGIBILITY: Eligibility will be as required in Item F(2) of the Adoption Agreement.
6.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in Item F(2) of the Adoption Agreement.
20 6.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions and limitations of the Disability Income Benefits offered shall be as specifically described in the Policy identified in the Adoption Agreement.
6.05 SECTION 104 AND 106 PLAN: It is the intention of the Employer that the premiums paid for these benefits shall be eligible for exclusion from the gross income of the Participants covered by this benefit plan, as provided in Code Sections 104 and 106, and all provisions of this benefit plan shall be construed in a manner consistent with that intention.
6.06 CONTRIBUTIONS: Contributions for this benefit will be provided by the Employer on behalf of a Participant as provided for in Item E of the Adoption Agreement.
SECTION VII
GROUP AND INDIVIDUAL LIFE INSURANCE PLAN
7.01 PURPOSE: This benefit provides group life insurance benefits to Participants and may provide certain individual policies as provided for in Item F(5) of the Adoption Agreement.
7.02 ELIGIBILITY: Eligibility will be as required in Item F(5) of the Adoption Agreement.
7.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in Item F(5) of the Adoption Agreement.
7.04 TERMS, CONDITIONS, AND LIMITATIONS: The terms, conditions, and limitations of the group life insurance are specifically described in the Policy identified in the Adoption Agreement.
7.05 SECTION 79 PLAN: It is the intention of the Employer that the premiums paid for the benefits described in Item F(5) of the Adoption Agreement shall be eligible for exclusion from the gross income of the Participants covered by this benefit plan to the extent provided in Code Section 79, and all provisions of this benefit plan shall be construed in a manner consistent with that intention.
7.06 CONTRIBUTIONS: Contributions for this benefit will be provided by the Employer on behalf of a Participant as provided for in Item E of the Adoption Agreement. Any individual policies purchased by the Employer for the Participant will be owned by the Participant.
SECTION VIII
MEDICAL EXPENSE REIMBURSEMENT PLAN
8.01 PURPOSE: The Medical Expense Reimbursement Plan is designed to provide for reimbursement of Eligible Medical Expenses (as defined in Section 8.04) that are not reimbursed under an insurance plan, through damages, or from any other source. It is the intention of the Employer that amounts allocated for this benefit shall be eligible for exclusion from gross income, as provided in Code Sections 105 and 106, for Participants who elect this benefit and all provisions of this Section VIII shall be construed in a manner consistent with that intention.
8.02 ELIGIBILITY: The eligibility provisions are set forth in Item F(7) of the Adoption Agreement.
21 8.03 TERMS, CONDITIONS, AND LIMITATIONS:
a. Accounts. The Reimbursement Recordkeeper shall establish a recordkeeping account for each Participant. The Reimbursement Recordkeeper shall maintain a record of each account on an ongoing basis, increasing the balances as contributions are credited during the year and decreasing the balances as Eligible Medical Expenses are reimbursed. No interest shall be payable on amounts recorded in any Participant's account.
b. Maximum benefit. The maximum amount of reimbursement for each Participant shall be limited to the amount of the Participant's Elective Contribution allocated to the program during the Plan Year, not to exceed the maximum amount set forth in Item F(7) of the Adoption Agreement. c. Claim Procedure. In order to be reimbursed for any medical expenses incurred during the Plan Year, the Participant shall complete the form(s) provided for such purpose by the Reimbursement Recordkeeper. The Participant shall submit the completed form to the Reimbursement Recordkeeper with an original bill or other proof of the expense acceptable to the Reimbursement Recordkeeper. No reimbursement shall be made on the basis of an incomplete form or inadequate evidence of expense as determined by the Reimbursement Recordkeeper. Forms for reimbursement of Eligible Medical Expenses must be submitted no later than the last day of the third month following the last day of the Plan Year during which the Eligible Medical Expenses were incurred. Reimbursement payments shall only be made to the Participant, or the Participant's legal representative in the event of incapacity or death of the Participant. Forms for reimbursement shall be reviewed in accordance with the claims procedure set forth in Section XII. d. Funding. The funding of the Medical Reimbursement Plan shall be through contributions by the Employer from its general assets to the extent of Elective Contributions directed by Participants.
Such contributions shall be made by the Employer when benefit payments and account administrative expenses become due and payable under this Medical Expense Reimbursement Plan.
e. Forfeiture. Subject to Section 8.06 and 8.07, any amounts remaining to the credit of the Participant at the end of the Plan Year and not used for Eligible Medical Expenses incurred during the Participant's participation during the Plan Year shall be forfeited and shall remain assets of the Plan. With respect to a Participant who terminates employment with the Employer and who has not elected to continue coverage under this Plan pursuant to COBRA rights referenced under Section 8.03(f) herein, such Participant shall not be entitled to reimbursement for Eligible Medical Expenses incurred after his termination date regardless if such Participant has any amounts of Employer Contributions remaining to his credit. Upon the death of any Participant who has any amounts of Employer Contributions remaining to his credit, a dependent of the Participant may elect to continue to claim reimbursement for Eligible Medical Expenses in the same manner as the Participant could have for the balance of the Plan Year. f. COBRA. To the extent required by Section 4980B of the Code and Sections 601 through 607 of ERISA (‘COBRA”), a Participant and a Participant’s Dependents shall be entitled to elect continued participation in this Medical Expense Reimbursement Plan only through the end of the plan year in which the qualifying event occurs, by contributing monthly (from their personal assets previously subject to taxation) to the Employer/Administrator, 102% of the amount of desired reimbursement through the end of the Plan Year in which the qualifying event occurs.
Specifically, such individuals will be eligible for COBRA continuation coverage only if they have a positive Medical Expense Reimbursement Account balance on the date of the qualifying event.
Participants who have a deficit balance in their Medical Expense Reimbursement Account on the
22 date of their qualifying event shall not be entitled to elect COBRA coverage. In lieu of COBRA, Participants may continue their coverage through the end of the current Plan Year by paying those premiums out of their last paycheck on a pre-tax basis. g. Nondiscrimination. Benefits provided under this Medical Expense Reimbursement Plan shall not be provided in a manner that discriminates in favor of Employees or Dependents who are highly compensated individuals, as provided under Section 105(h) of the Code and regulations promulgated thereunder.
h. Uniform Coverage Rule. Notwithstanding that a Participant has not had withheld and credited to his account all of his contributions elected with respect to a particular Plan Year, the entire aggregate annual amount elected with respect to this Medical Expense Reimbursement Plan (increased by any Carryover to the Plan Year), shall be available at all times during such Plan Year to reimburse the participant for Eligible Medical Expenses with respect to this Medical Expense Reimbursement Plan. To the extent contributions with respect to this Medical Expense Reimbursement Plan are insufficient to pay such Eligible Medical Expenses, it shall be the Employer's obligation to provide adequate funds to cover any short fall for such Eligible Medical Expenses for a Participant; provided subsequent contributions with respect to this Medical Expense Reimbursement Plan by the Participant shall be available to reimburse the Employer for funds advanced to cover a previous short fall.
i. Uniformed Services Employment and Reemployment Rights Act. Notwithstanding anything to the contrary herein, this Medical Expense Reimbursement Plan shall comply with the applicable provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103-353).
j. Proration of Limit. In the event that the Employer has purchased a uniform coverage risk policy from the Recordkeeper, then the Maximum Coverage amount specified in Section F.7 of the Adoption Agreement shall be pro rated with respect to (i) an Employee who becomes a Participant and enters the Plan during the Plan Year, and (ii) short plan years initiated by the Employer. Such Maximum Coverage amount will be pro rated by dividing the annual Maximum Coverage amount by 12, and multiplying the quotient by the number of remaining months in the Plan Year for the new Participant or the number of months in the short Plan Year, as applicable. k. Continuation Coverage for Certain Dependent Children. In the event that benefits under the Medical Expense Reimbursement Plan does not qualify for the exception from the portability rules of HIPAA, then, effective for Plan Years beginning on or after October 9, 2009, notwithstanding the foregoing provisions, coverage for a Dependent child who is enrolled in the Medical Expense Reimbursement Plan as a student at a post-secondary educational institution will not terminate due to a medically necessary leave of absence before a date that is the earlier of:
• the date that is one year after the first day of the medically necessary leave of absence; or • the date on which such coverage would otherwise terminate under the terms of the Plan.
For purposes of this paragraph, “medically necessary leave of absence” means a leave of absence of the child from a post-secondary educational institution, or any other change in enrollment of the child at the institution, that: (i) commences while the child is suffering from a serious illness or injury; (ii) is medically necessary; and (iii) causes the child to lose student status for purposes of coverage under the terms of the Plan. A written certification must be provided by a treating physician of the dependent child to the Plan in order for the continuation coverage requirement to
23 apply. The physician’s certification must state that the child is suffering from a serious illness or injury and that the leave of absence (or other change in enrollment) is medically necessary.
8.04 ELIGIBLE MEDICAL EXPENSES:
a. Eligible Medical Expense in General. The phrase ‘Eligible Medical Expense’ means any expense incurred by a Participant or any of his Dependents (subject to the restrictions in Sections 8.04(b) and (c)) during a Plan Year that (i) qualifies as an expense incurred by the Participant or Dependents for medical care as defined in Code Section 213(d) and meets the requirements outlined in Code Section 125, (ii) is excluded from gross income of the Participant under Code Section 105(b), and (iii) has not been and will not be paid or reimbursed by any other insurance plan, through damages, or from any other source.
Notwithstanding the above, capital expenditures are not Eligible Medical Expenses under this Plan.
b. Expenses Incurred After Commencement of Participation. Only medical care expenses incurred by a Participant or the Participant’s Dependent(s) on or after the date such Participant commenced participation in the Medical Expense Reimbursement Plan shall constitute an Eligible Medical Expense.
c. Eligible Expenses Incurred by Dependents. For purposes of this Section, Eligible Medical Expenses incurred by Dependents defined in Section 2.04(c) are eligible for reimbursement if incurred after March 30, 2010; Eligible Medical Expenses incurred by Dependents defined in Sections 2.04(a) and (b) are eligible for reimbursement if incurred either before or after March 30, 2010 (subject to the restrictions of Section 8.04(b)). d. Health Savings Accounts. If the Employer has elected in Item F.8 of the Adoption Agreement to allow Eligible Employees to contribute to Health Savings Accounts under the Plan, then for a Participant who is eligible for and elects to contribute to a Health Savings Accounts, Eligible Medical Expenses shall be limited as set forth in Item F.8 of the Adoption Agreement.
8.05 USE OF DEBIT CARD: In the event that the Employer elects to allow the use of debit cards (“Debit Cards”) for reimbursement of Eligible Medical Expenses under the Medical Expense Reimbursement Plan, the provisions described in this Section shall apply. a. Substantiation. The following procedures shall be applied for purposes of substantiating claimed Eligible Medical Expenses after the use of a Debit Card to pay the claimed Eligible Medical Expense:
(i) If the dollar amount of the transaction at a health care provider equals the dollar amount of the co-payment for that service under the Employer’s major medical plan of the specific employee-cardholder, the charge is fully substantiated without the need for submission of a receipt or further review. (ii) If the merchant, service provider, or other independent third-party (e.g., pharmacy benefit manager), at the time and point of sale, provides information to verify to the Recordkeeper (including electronically by e-mail, the internet, intranet, or telephone) that the charge is for a medical expense, the charge is fully substantiated without the need for submission of a receipt or further review.
24 b. Status of Charges. All charges to a Debit Card, other than co-payments and real-time substantiation as described in Subsection (a) above, are treated as conditional pending confirmation of the charge, and additional third-party information, such as merchant or service provider receipts, describing the service or product, the date of the service or sale, and the amount, must be submitted for review and substantiation.
c. Correction Procedures for Improper Payments. In the event that a claim has been reimbursed and is subsequently identified as not qualifying for reimbursement, one or all of the following procedures shall apply:
(i) First, upon the Recordkeeper’s identification of the improper payment, the Eligible Employee will be required to pay back to the Plan an amount equal to the improper payment.
(ii) Second, where the Eligible Employee does not pay back to the Plan the amount of the improper payment, the Employer will have the amount of the improper payment withheld from the Eligible Employee’s wages or other compensation to the extent consistent with applicable law.
(iii) Third, if the improper payment still remains outstanding, the Plan may utilize a claim substitution or offset approach to resolve improper claims payments. (iv) If the above correction efforts prove unsuccessful, or are otherwise unavailable, the Eligible Employee will remain indebted to the Employer for the amount of the improper payment. In that event and consistent with its business practices, the Employer may treat the payment as it would any other business indebtedness. (v) In addition to the above, the Employer and the Plan may take other actions they may deem necessary, in their sole discretion, to ensure that further violations of the terms of the Debit Card do not occur, including, but not limited to, denial of access to the Debit Card until the indebtedness is repaid by the Eligible Employee. d. Intent to Comply with Rev. Rul. 2003-43. It is the Employer’s intent that any use of Debit Cards to pay Eligible Medical Expenses shall comply with the guidelines for use of such cards set forth in Rev. Rul. 2003-43, and this Section 8.05 shall be construed and interpreted in a manner necessary to comply with such guidelines.
8.06 GRACE PERIOD: If the Employer elects in Section F.7 of the Adoption Agreement to permit a Grace Period with respect to the Medical Reimbursement Plan, the provisions of this Section 8.06 shall apply. Notwithstanding anything to the contrary herein and in accordance with Internal Revenue Service Notice 2005-42, a Participant who has unused contributions relating to the Medical Reimbursement Plan from the immediately preceding Plan Year, and who incurs Eligible Medical Expenses for such qualified benefit during the Grace Period, may be paid or reimbursed for those Eligible Medical Expenses from the unused contributions as if the expenses had been incurred in the immediately preceding Plan Year. For purposes of this Section, ‘Grace Period’ shall mean the period extending to the 15th day of the third calendar month after the end of the immediately preceding Plan Year to which it relates. Eligible Medical Expenses incurred during the Grace Period shall be reimbursed first from unused contributions allocated to the Medical Reimbursement Plan for the prior Plan Year, and then from unused contributions for the current Plan Year, if participant is enrolled in current Plan Year.
8.07 CARRYOVER: If the Employer elects in Section F.7 of the Adoption Agreement to permit a Carryover with respect to the Medical Reimbursement Plan, the provisions of this Section 8.07 shall apply.
25 Notwithstanding anything to the contrary herein and in accordance with Internal Revenue Service Notice 2013-71, the Carryover for a Participant who has an amount remaining unused as of the end of the runoff period for the Plan Year, may be used to pay or reimburse Eligible Medical Expenses during the following entire Plan Year. The Carryover does not count against or otherwise affect the Maximum benefit set forth in Section 8.03 (b). Eligible Medical Expenses incurred during a Plan Year shall be reimbursed first from unused contributions for the current Plan Year, and then from any Carryover carried over from the preceding Plan Year. Any unused amounts from the prior Plan Year that are used to reimburse a current Plan Year expense (a) reduce the amounts available to pay prior Plan Year expenses during the run-off period, (b) must be counted against any Carryover amount from the prior Plan Year, and (c) cannot exceed the maximum Carryover from the prior Plan Year. If the Employer elects to apply Section 8.06 in Section F.7 of the Adoption Agreement, this Section 8.07 shall not apply.
8.08 QUALIFIED RESERVIST DISTRIBUTIONS: Notwithstanding anything in the Plan to the contrary, an individual who, by reason of being a member of a reserve component (as defined in 37 U.S.C. § 101), is ordered or called to active duty for a period in excess of 179 days or for an indefinite period may elect to receive a distribution of all or a portion of the unused Elective Contributions in his or her Account relating to the Medical Expense Reimbursement Plan if the distribution is made during the period beginning on the date of such order or call and ending on the last date that reimbursements could otherwise be made under the Plan for the Plan Year that includes the date of such order or call. If the distribution is for the entire amount of unused Elective Contributions available in the Medical Expense Reimbursement Plan, then no additional reimbursement requests will be processed for the remainder of the Plan Year.
SECTION IX
DEPENDENT CARE REIMBURSEMENT PLAN
9.01 PURPOSE: The Dependent Care Reimbursement Plan is designed to provide for reimbursement of certain employment-related dependent care expenses of the Participant. It is the intention of the Employer that amounts allocated for this benefit shall be eligible for exclusion from gross income, as provided in Code Section 129, for Participants who elect this benefit, and all provisions of this Section IX shall be construed in a manner consistent with that intention.
9.02 ELIGIBILITY: The eligibility provisions are set forth in Item F(6) of the Adoption Agreement.
9.03 TERMS, CONDITIONS, AND LIMITATIONS:
a. Accounts. The Reimbursement Recordkeeper shall establish a recordkeeping account for each Participant. The Reimbursement Recordkeeper shall maintain a record of each account on an ongoing basis, increasing the balances as contributions are credited during the year and decreasing the balances as Eligible Dependent Care Expenses are reimbursed. No interest shall be payable on amounts recorded in any Participant's account.
b. Maximum Benefit. The maximum amount of reimbursement for each Participant shall be limited to the amount of the Participant's allocation to the program during the Plan Year, not to exceed the maximum amount set forth in Item F(6) of the adoption agreement.
26 For purpose of this Section IX, the phrase "earned income" shall mean wages, salaries, tips and other employee compensation, but only if such amounts are includible in gross income for the taxable year. A Participant's spouse who is physically or mentally incapable of self-care as described in Section 9.04(a)(ii) or a spouse who is a full-time student within the meaning of Code Section 21(e)(7) shall be deemed to have earned income for each month in which such spouse is so disabled (or a full-time student). The amount of such deemed earned income shall be $250 per month in the case of one Dependent and $500 per month in the case of two or more Dependents. c. Claim Procedure. In order to be reimbursed for any dependent care expenses incurred during the Plan Year, the Participant shall complete the form(s) provided for such purpose by the Reimbursement Recordkeeper. The Participant shall submit the completed form to the Reimbursement Recordkeeper with an original bill or other proof of the expense from an independent third party acceptable to the Reimbursement Recordkeeper. No reimbursement shall be made on the basis of an incomplete form or inadequate evidence of the expense as determined by the Reimbursement Recordkeeper. Claims for reimbursement of Eligible Dependent Care Expenses must be submitted no later than the last day of the third month following the last day of the Plan Year during which the Eligible Dependent Care Expenses were incurred. Reimbursement payments shall only be made to the Participant, or the Participant's legal representative in the event of the incapacity or death of the Participant. Forms for reimbursement shall be reviewed in accordance with the claims procedure set forth in Section XII. d. Funding. The funding of the Dependent Care Reimbursement Plan shall be through contributions by the Employer from its general assets to the extent of Elective Contributions directed by Participants. Such contributions shall be made by the Employer when benefit payments and account administration expenses become due and payable under this Dependent Care Expense Reimbursement Plan.
e. Forfeiture. Any amounts remaining to the credit of the Participant at the end of the Plan Year and not used for Eligible Dependent Care Expenses incurred during the Plan Year shall be forfeited and remain assets of the Plan.
f. Nondiscrimination. Benefits provided under this Dependent Care Reimbursement Plan shall not be provided in a manner that discriminates in favor of Highly Compensated Employees (as defined in Code Section 414(q)) or their dependents, as provided in Code Section 129. In addition, no more than 25 percent of the aggregate Eligible Dependent Care Expenses shall be reimbursed during a Plan Year to five percent owners, as provided in Code Section 129.
9.04 DEFINITIONS:
a. "Dependent" (for purposes of this Section IX) means any individual who is:
(i) a Participant's qualifying child (as defined in Code Section 152 (c)) who has not attained the age of 13; or
(ii) a dependent (qualifying child or qualifying relative, as defined in Code Section 152 (c) and (d), respectively) or the spouse of a Participant who is physically or mentally incapable of self-care, and who has the same principal place of abode as the taxpayer for more than half of the taxable year. For purposes of this Dependent Care Reimbursement Plan, an individual shall be considered physically or mentally incapable of self-care if, as a result of a physical or mental defect, the individual is incapable of caring for his or her hygienic or nutritional needs or requires full-time attention of another person for his or her own safety or the safety of others.
27 b. "Dependent Care Center" (for purposes of this Section IX) shall be a facility which:
(i) provides care for more than six individuals (other than individuals who reside at the facility);
(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit); and (iii) satisfies all applicable laws and regulations of a state or unit of local government. c. "Eligible Dependent Care Expenses" (for purposes of this Section IX) shall mean expenses incurred by a Participant which are:
(i) incurred for the care of a Dependent of the Participant or for related household services; (ii) paid or payable to a Dependent Care Service Provider; and (iii) incurred to enable the Participant to be gainfully employed for any period for which there are one or more Dependents with respect to the Participant. "Eligible Dependent Care Expenses" shall not include expenses incurred for services outside the Participant's household for the care of a Dependent unless such Dependent is (i) a qualifying child (as defined in Code Section 152 (c)) under the age of 13, or (ii) a dependent (qualifying child or qualifying relative, as defined in Code Section 152 (c) and (d), respectively)), who is physically or mentally incapable of self-care, and who has the same principal place of abode as the Participant for more than half of the taxable year, or (iii) the spouse of a Participant who is physically or mentally incapable of self-care, and who has the same principal place of abode as the Participant for more than half of the taxable year. Eligible Dependent Care Expenses shall be deemed to be incurred at the time the services to which the expenses relate are rendered. d. "Dependent Care Service Provider" (for purposes of this Section IX) means:
(i) a Dependent Care Center, or
(ii) a person who provides care or other services described in Section 9.04(b) and who is not a related individual described in Section 129(c) of the Code.
SECTION X
a.
10.02 SECTION XI
AMENDMENT AND TERMINATION
11.01 AMENDMENT: The Employer shall have the right at any time, and from time to time, to amend, in whole or in part, any or all of the provisions of this Plan, provided that no such amendment shall change the terms and conditions of payment of any benefits to which Participants and covered dependents otherwise have become entitled to under the provisions of the Plan, unless such amendment is made to comply with federal or local laws or regulations. The Employer also shall have the right to make any amendment retroactively which is necessary to bring the Plan into conformity with the Code. In addition, the Employer may amend any provisions or any supplements to the Plan and may merge or combine
28 supplements or add additional supplements to the Plan, or separate existing supplements into an additional number of supplements.
11.02 TERMINATION: The Employer shall have the right at any time to terminate this Plan, provided that such termination shall not eliminate any obligations of the Employer which therefore have arisen under the Plan.
SECTION XII
ADMINISTRATION
12.01 NAMED FIDUCIARIES: The Administrator shall be the fiduciary of the Plan.
12.02 APPOINTMENT OF RECORDKEEPER: The Employer may appoint a Reimbursement Recordkeeper which shall have the power and responsibility of performing recordkeeping and other ministerial duties arising under the Medical Expense Reimbursement Plan and the Dependent Care Reimbursement Plan provisions of this Plan. The Reimbursement Recordkeeper shall serve at the pleasure of, and may be removed by, the Employer without cause. The Recordkeeper shall receive reasonable compensation for its services as shall be agreed upon from time to time between the Administrator and the Recordkeeper.
12.03 POWERS AND RESPONSIBILITIES OF ADMINISTRATOR:
29 a. General. The Administrator shall be vested with all powers and authority necessary in order to amend and administer the Plan and is authorized to make such rules and regulations as it may deem necessary to carry out the provisions of the Plan. The Administrator shall determine any questions arising in the administration (including all questions of eligibility and determination of amount, time and manner of payments of benefits), construction, interpretation and application of the Plan, and the decision of the Administrator shall be final and binding on all persons. b. Recordkeeping. The Administrator shall keep full and complete records of the administration of the Plan. The Administrator shall prepare such reports and such information concerning the Plan and the administration thereof by the Administrator as may be required under the Code or ERISA and the regulations promulgated thereunder.
c. Inspection of Records. The Administrator shall, during normal business hours, make available to each Participant for examination by the Participant at the principal office of the Administrator a copy of the Plan and such records of the Administrator as may pertain to such Participant. No Participant shall have the right to inquire as to or inspect the accounts or records with respect to other Participants.
12.04 COMPENSATION AND EXPENSES OF ADMINISTRATOR: The Administrator shall serve without compensation for services as such. All expenses of the Administrator shall be paid by the Employer.
Such expenses shall include any expense incident to the functioning of the Plan, including, but not limited to, attorneys' fees, accounting and clerical charges, actuary fees and other costs of administering the Plan.
12.05 LIABILITY OF ADMINISTRATOR: Except as prohibited by law, the Administrator shall not be liable personally for any loss or damage or depreciation which may result in connection with the exercise of duties or of discretion hereunder or upon any other act or omission hereunder except when due to willful misconduct. In the event the Administrator is not covered by fiduciary liability insurance or similar insurance arrangements, the Employer shall indemnify and hold harmless the Administrator from any and all claims, losses, damages, expenses (including reasonable counsel fees approved by the Administrator) and liability (including any reasonable amounts paid in settlement with the Employer's approval) arising from any act or omission of the Administrator, except when the same is determined to be due to the willful misconduct of the Administrator by a court of competent jurisdiction.
12.06 DELEGATIONS OF RESPONSIBILITY: The Administrator shall have the authority to delegate, from time to time, all or any part of its responsibilities under the Plan to such person or persons as it may deem advisable and in the same manner to revoke any such delegation of responsibilities which shall have the same force and effect for all purposes hereunder as if such action had been taken by the Administrator.
The Administrator shall not be liable for any acts or omissions of any such delegate. The delegate shall report periodically to the Administrator concerning the discharge of the delegated responsibilities.
12.07 RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION: The Administrator may release or obtain any information necessary for the application, implementation and determination of this Plan or other Plans without consent or notice to any person. This information may be released to or obtained from any insurance company, organization, or person subject to applicable law. Any individual claiming benefits under this Plan shall furnish to the Administrator such information as may be necessary to implement this provision.
12.08 CLAIM FOR BENEFITS: To obtain payment of any benefits under the Plan a Participant must comply with the rules and procedures of the particular benefit program elected pursuant to this Plan under which the Participant claims a benefit.
30 12.09 GENERAL CLAIMS REVIEW PROCEDURE: This provision shall apply only to the extent that a claim for benefits is not governed by a similar provision of a benefit program available under this Plan or is not governed by Section 12.10.
a. Initial Claim for Benefits. Each Participant may submit a claim for benefits to the Administrator as provided in Section 12.08. A Participant shall have no right to seek review of a denial of benefits, or to bring any action in any court to enforce a claim for benefits prior to his filing a claim for benefits and exhausting his rights to review under this section.
When a claim for benefits has been filed properly, such claim for benefits shall be evaluated and the claimant shall be notified of the approval or the denial within (90) days after the receipt of such claim unless special circumstances require an extension of time for processing the claim. If such an extension of time for processing is required, written notice of the extension shall be furnished to the claimant prior to the termination of the initial ninety (90) day period which shall specify the special circumstances requiring an extension and the date by which a final decision will be reached (which date shall not be later than one hundred and eighty (180) days after the date on which the claim was filed.) A claimant shall be given a written notice in which the claimant shall be advised as to whether the claim is granted or denied, in whole or in part. If a claim is denied, in whole or in part, the claimant shall be given written notice which shall contain (a) the specific reasons for the denial, (b) references to pertinent plan provisions upon which the denial is based, (c) a description of any additional material or information necessary to perfect the claim and an explanation of why such material or information is necessary, and (d) the claimant's rights to seek review of the denial.
b. Review of Claim Denial. If a claim is denied, in whole or in part, the claimant shall have the right to request that the Administrator review the denial, provided that the claimant files a written request for review with the Administrator within sixty (60) days after the date on which the claimant received written notification of the denial. A claimant (or his duly authorized representative) may review pertinent documents and submit issues and comments in writing to the Administrator. Within sixty (60) days after a request is received, the review shall be made and the claimant shall be advised in writing of the decision on review , unless special circumstances require an extension of time for processing the review, in which case the claimant shall be given a written notification within such initial sixty (60) day period specifying the reasons for the extension and when such review shall be completed (provided that such review shall be completed within one hundred and twenty (120) days after the date on which the request for review was filed.) The decision on review shall be forwarded to the claimant in writing and shall include specific reasons for the decision and references to plan provisions upon which the decision is based. A decision on review shall be final and binding on all persons. c. Exhaustion of Remedies. If a claimant fails to file a request for review in accordance with the procedures herein outlined, such claimant shall have no rights to review and shall have no right to bring action in any court, and the denial of the claim shall become final and binding on all persons for all purposes.
12.10 SPECIAL CLAIMS REVIEW PROCEDURE: The provisions of this Section 12.10 shall be applicable to claims under the Medical Expense Reimbursement Plan and the Group Medical Insurance Plan, effective on the first day of the first Plan Year beginning on or after July 1, 2002, but in no event later than January 1, 2003, provided such plans are subject to ERISA. a. Benefit Denials: The Administrator is responsible for evaluating all claims for reimbursement under the Medical Expense Reimbursement Plan and the Group Medical Insurance Plan.
31 The Administrator will decide a Participant’s claim within a reasonable time not longer than 30 days after it is received. This time period may be extended for an additional 15 days for matters beyond the control of the Administrator, including in cases where a claim is incomplete. The Participant will receive written notice of any extension, including the reasons for the extension and information on the date by which a decision by the Administrator is expected to be made. The Participant will be given 45 days in which to complete an incomplete claim. The Administrator may secure independent medical or other advice and require such other evidence as it deems necessary to decide the claim.
If the Administrator denies the claim, in whole or in part, the Participant will be furnished with a written notice of adverse benefit determination setting forth:
1. the specific reason or reasons for the denial;
2. reference to the specific Plan provision on which the denial is issued;
3. a description of any additional material or information necessary for the Participant to complete his claim and an explanation of why such material or information is necessary, and
4. appropriate information as to the steps to be taken if the Participant wishes to appeal the Administrator’s determination, including the participant’s right to submit written comments and have them considered, his right to review (on request and at no charge) relevant documents and other information, and his right to file suit under ERISA with respect to any adverse determination after appeal of his claim. b. Appealing Denied Claims: If the Participant’s claim is denied in whole or in part, he may appeal to the Administrator for a review of the denied claim. The appeal must be made in writing within 180 days of the Administrator’s initial notice of adverse benefit determination, or else the participant will lose the right to appeal the denial. If the Participant does not appeal on time, he will also lose his right to file suit in court, as he will have failed to exhaust his internal administrative appeal rights, which is generally a prerequisite to bringing suit.
A Participant’s written appeal should state the reasons that he feels his claim should not have been denied. It should include any additional facts and/or documents that the Participant feels support his claim. The Participant may also ask additional questions and make written comments and may review (on request and at no charge) documents and other information relevant to his appeal.
The Administrator will review all written comment the Participant submits with his appeal. c. Review of Appeal: The Administrator will review and decide the Participant’s appeal within a reasonable time not longer than 60 days after it is submitted and will notify the Participant of its decision in writing. The individual who decides the appeal will not be the same individual who decided the initial claim denial and will not be that individual’s subordinate. The Administrator may secure independent medical or other advice and require such other evidence as it deems necessary to decide the appeal, except that any medical expert consulted in connection with the appeal will be different from any expert consulted in connection with the initial claim. (The identity of a medical expert consulted in connection with the Participant’s appeal will be provided.) If the decision on appeal affirms the initial denial of the Participant’s claim, the Participant will be furnished with a notice of adverse benefit determination on review setting forth:
32 1. The specific reason(s) for the denial,
2. The specific Plan provision(s) on which the decision is based,
3. A statement of the Participant’s right to review (on request and at no charge) relevant documents and other information,
4. If the Administrator relied on an “internal rule, guideline, protocol, or other similar criterion” in making the decision, a description of the specific rule, guideline, protocol, or other similar criterion or a statement that such a rule, guideline, protocol, or other similar criterion was relied on and that a copy of such rule, guideline, protocol, or other criterion will be provided free of charge to the Participant upon request,” and
5. A statement of the Participant’s right to bring suit under ERISA § 502(a).
12.11 PAYMENT TO REPRESENTATIVE: In the event that a guardian, conservator or other legal representative has been duly appointed for a Participant entitled to any payment under the Plan, any such payment due may be made to the legal representative making claim therefor, and such payment so made shall be in complete discharge of the liabilities of the Plan therefor and the obligations of the Administrator and the Employer.
12.12 PROTECTED HEALTH INFORMATION. The provisions of this Section will apply only to those portions of the Plan that are considered a group health plan for purposes of 45 CFR Parts 160 and 164.
The Plan may disclose PHI to employees of the Employer, or to other persons, only to the extent such disclosure is required or permitted pursuant to 45 CFR Parts 160 and 164. The Plan has implemented administrative, physical, and technical safeguards to reasonably and appropriately protect, and restrict access to and use of, electronic PHI, in accordance with Subpart C of 45 CFR Part 164. The applicable claims procedures under the Plan shall be used to resolve any issues of non-compliance by such individuals. The Employer will:
• not use or disclose PHI other than as permitted or required by the plan documents and permitted or required by law;
• reasonably and appropriately safeguard electronic PHI created, received, maintained, or transmitted to or by the it on behalf of the Plan, in accordance with Subpart C of 45 CFR Part 164; • implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Plan;
• ensure that any agents including a subcontractor to whom it provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Employer with respect to such information;
• not use or disclose PHI for employment-related actions and decisions or in connection with any other employee benefit plan of the Employer;
• report to the Plan any use or disclosure of the information that is inconsistent with the permitted uses or disclosures provided for of which it becomes aware;
• make available PHI in accordance with 45 CFR Section 164.524; • make available PHI for amendment and incorporate any amendments to PHI in accordance with 45 CFR Section 164.526;
33 • make available the information required to provide an accounting of disclosures in accordance with 45 CFR Section 164.528;
• make its internal practices, books, and records relating to the use and disclosure of PHI received from the Plan available to the Secretary of Health and Human Services or his designee upon request for purposes of determining compliance with 45 CFR Section 164.504(f); • if feasible, return or destroy all PHI received from the Plan that the Employer still maintains in any form and retain no copies of such information when no longer needed for the purposes for which disclosure was made, except that, if such return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible; and, • ensure that the adequate separation required in paragraph (f)(2)(iii) of 45 CFR Section 164.504 is established.
For purposes of this Section, “PHI” is “Protected Health Information” as defined in 45 CFR Section 160.103, which means individually identifiable health information, except as provided in paragraph (2) of the definition of “Protected Health Information” in 45 CFR Section 160.103, that is transmitted by electronic media; maintained in electronic media; or transmitted or maintained in any other form or medium by a covered entity, as defined in 45 CFR Section 164.104.
SECTION XIII
MISCELLANEOUS PROVISIONS
13.01 INABILITY TO LOCATE PAYEE: If the Plan Administrator is unable to make payment to any Participant or other person to whom a payment is due under the Plan because it cannot ascertain the identity or whereabouts of such Participant or other person after reasonable efforts have been made to identify or locate such person, then such payment and all subsequent payments otherwise due to such Participant or other person shall be forfeited following a reasonable time after the date any such payment first became due.
13.02 FORMS AND PROOFS: Each Participant or Participant's Beneficiary eligible to receive any benefit hereunder shall complete such forms and furnish such proofs, receipts, and releases as shall be required by the Administrator.
13.03 NO GUARANTEE OF TAX CONSEQUENCES: Neither the Administrator nor the Employer makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant or a Dependent under the Plan will be excludable from the Participant’s or Dependent’s gross income for federal or state income tax purposes, or that any other federal or state tax treatment will apply to or be available to any Participant or Dependent.
13.04 PLAN NOT CONTRACT OF EMPLOYMENT: The Plan will not be deemed to constitute a contract of employment between the Employer and any Participant, nor will the Plan be considered an inducement for the employment of any Participant or employee. Nothing contained in the Plan will be deemed to give any Participant or employee the right to be retained in the service of the Employer nor to interfere with the right of the Employer to discharge any Participant or employee at any time regardless of the effect such discharge may have upon that individual as a Participant in the Plan.
13.05 NON-ASSIGNABILITY: No benefit under the Plan shall be liable for any debt, liability, contract, engagement or tort of any Participant or his Beneficiary, nor be subject to charge, anticipation, sale, assignment, transfer, encumbrance, pledge, attachment, garnishment, execution or other voluntary or involuntary alienation or other legal or equitable process, nor transferability by operation of law.
34 13.06 SEVERABILITY: If any provision of the Plan will be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions hereof will continue to be fully effective.
13.07 CONSTRUCTION:
a. Words used herein in the masculine or feminine gender shall be construed as the feminine or masculine gender, respectively where appropriate.
b. Words used herein in the singular or plural shall be construed as the plural or singular, respectively, where appropriate.
13.08 NONDISCRIMINATION: In accordance with Code Section 125(b)(1), (2), and (3), this Plan is intended not to discriminate in favor of Highly Compensated Participants (as defined in Code Section 125(e)(1)) as to contributions and benefits nor to provide more than 25% of all qualified benefits to Key Employees.
If, in the judgment of the Administrator, more than 25% of the total nontaxable benefits are provided to Key Employees, or the Plan discriminates in any other manner (or is at risk of possible discrimination), then, notwithstanding any other provision contained herein to the contrary, and, in accordance with the applicable provisions of the Code, the Administrator shall, after written notification to affected Participants, reduce or adjust such contributions and benefits under the Plan as shall be necessary to insure that, in the judgment of the Administrator, the Plan shall not be discriminatory.
13.09 ERISA. The Plan shall be construed, enforced, and administered and the validity determined in accordance with the applicable provisions of the Employee Retirement Income Security Act of 1974 (as amended), the Internal Revenue Code of 1986 (as amended), and the laws of the State indicated in the Adoption Agreement. Notwithstanding anything to the contrary herein, the provisions of ERISA will not apply to this Plan if the Plan is exempt from coverage under ERISA. Should any provisions be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will continue to operate, and for purposes of the jurisdiction of the court only will be deemed not to include the provision determined to be void.
35
Employee Benefit Cap Information
Benefit Cap Updates:
There have been some recent updates/changes to the proposed benefit cap option that was introduced at the All Staff meeting on May 4th. Below is a summary of the information:
Current Monthly Benefit Cap
Coverage Level Current Benefit Upcoming Budget Adjustment Employee Only $1,610.00 $1,659.00
Employee + One $1,610.00 $1,659.00
Family $1,610.00 $1,659.00
Current Cash-Out Provision
Employees who provide proof of other qualifying medical coverage may cash out 100% of any unused benefit amount under the current structure.
***************************************************************************** Proposed Monthly Benefit Cap
Coverage Level Proposed Benefit Cap
Employee Only $1,000.00
Employee + One $2,000.00 (previously proposed as $1,800.00) Family $2,500.00 (previously proposed as $2,200.00)
Proposed Cash-Out Provision
Under the proposed structure, employees may cash out unused benefit amounts up to a maximum of $500 per month, with proof of other qualifying coverage. ************************************************************************ Eligibility and Implementation
Employees Hired After July 1, 2026:
New employees hired after July 1, 2026, will be enrolled in the proposed benefit cap structure.
Employees Hired Prior to July 1, 2026:
Current employees may choose to remain under the existing benefit cap structure or voluntarily opt into the proposed new structure.
Please note:
• Employees may opt into the proposed structure at any time. • The opt-in decision is irrevocable.
• Employees may only make the election once.
Please contact Human Resources if you have any questions.
Item: 7.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Iryna Hess, Staff Accountant
Date: July 1, 2026
Meeting Date: July 21, 2026
Subject: AB1234 Reporting Requirements
Recommendation:
Receive and file the AB1234 Reporting Requirement Schedule for the month of June 2026.
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
Fiscal Impact:
There is no anticipated financial impact associated with the recommended approval of AB1234 reporting requirements.
Attachments
1. AB1234 June 2026
Date of Travel Organization Description Location
06/18/26 League of California Cities DMD Meeting Barstow, CA 6/3/2026 SBCTA Board of Directors Meeting San Bernardino, CA 6/4/2026 SCAG Energy and Environment Committee Meeting Los Angeles, CA 6/4/2026 SCAG Regional Council Meeting Los Angeles, CA
6/10/2026 SBCTA General Policy Committee Meeting San Bernardino, CA 6/10/2026 SBCTA Legislative Policy Committee Meeting San Bernardino, CA 6/11/2026 SBCTA Transit Committee Meeting San Bernardino, CA 06/18/26 League of California Cities DMD Meeting Barstow, CA Council Member Jeff Drozd
Council Member Robert Lombardo
No reportable meetings
Mayor Pro Tem Jim Schooler
No reportable meetings
Council Member Rick Denison
Town of Yucca Valley
AB1234
Council Member Meeting Schedule
June 2026
Mayor Merl Abel
Item: 8.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Iryna Hess, Staff Accountant, Jordan Gumbish, Finance Manager Date: July 1, 2026
Meeting Date: July 21, 2026
Subject: Ratification of Warrant Registers
Recommendation:
Ratify the Payroll Register Correction totaling $2,855.17 dated May 28, 2026. Ratify the Payroll Registers totaling $306,093.51 dated June 05, 2026, and $380,509.91 dated June 18, 2026.
Ratify the Warrant Register totaling $6,732,811.86 for the period of June 1, 2026, through June 30, 2026.
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 - May 28, 2026 (5-22-2026 Payroll Correction)
2. Payroll Register - June 05, 2026
3. Payroll Register - June 18, 2026
4. Warrant Register 06.01.26-06.30.26
Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 1
Warrant Register from 6/01/2026 to 6/30/2026
0066575 Pelican Club 6/01/2026 Promotional Event 315.00 0066613 Mojave Desert Air Quality
Management District
6/05/2026 Invoices MD24415, MD24416 891.40
EFT Dena Bates 6/05/2026 Senior Benefit Assistance Program 100.00 EFT Lincoln 457 (Payroll) 6/05/2026 4,046.38
EFT PARS 6/05/2026 1,555.18
EFT THE HOME DEPOT U S
A INC.
6/05/2026 Credit Card 2,808.50
EFT Southwest Networks, Inc. 6/05/2026 Invoices 26-5087, 26-5504 710.33 0058328 JEFF THIELE
CONSTRUCTION
6/05/2026 Filing Fee Refund
EFT WEX Bank 6/05/2026 Fuel 6,335.45
EFT Nena C McCullough 6/05/2026 Senior Center Expense Reimbursement 259.37 0066605 Patrick Hutchinson 6/05/2026 2026 Summer Music Festival Audio Visual Production, July - August 2026, PO26-10242
9,250.00
0066579 AIS 6/05/2026 Monthly Maintenance & Supplies Contract for KIP 740C Plotter, 05/17/26-06/16/26
116.80
0066615 Nelson Mobile Services
Inc
6/05/2026 Vehicle Maintenance 419.25
0058838 Bordin Semmer, LLP 6/05/2026 Claim Settlement
0066595 Jeff Drozd 6/05/2026 Invoices TR, TR 252.60
EFT Landmark Consultants,
Inc
6/05/2026 Invoices LP0526-66, LP0526-67 8,861.50
0066608 Kevin Quinlan 6/05/2026 Invoices 051926, 052026, 052126 315.00 0066580 Alliance Race Timing 6/05/2026 Run Timing Fee, 26 GSR 1,275.00 EFT BSAFE Playground
Inspection Services, Inc.
6/05/2026 PO25-10265, Playground Inspection Services 9,800.00 0059612 Gofer Parts, LLC 6/05/2026 Maintenance Supplies 0058393 Pat Adams 6/05/2026 STVR Fee Refund
0066593 Dahlin Group, Inc. 6/05/2026 YV Aquatic Center Project Services, 04/01/26- 04/30/26, Reimbursable
4,133.43
0058672 Craig Tyerman 6/05/2026 Animal License Refund
0059296 Janese Johnson 6/05/2026 Animal License Refund
0066622 Scharf, Zaharah 6/05/2026 Invoices Reimbursement, Reimbursement (2) 107.96 0066611 Luz Investment Corp. 6/05/2026 Telephone Support Service 250.03 EFT Yunex LLC 6/05/2026 04/26 Traffic Signal Maintenance 333.32 EFT HMC Group dba HMC
Architects
6/05/2026 04/26 YV Aquatic Center Project - prop 68 40,000.00 0066583 Arc Mechanical 6/05/2026 Refund for Bus Reg Renew Apr25/26 3.00 0066609 Frank J Luckino 6/05/2026 Invoices Reimbursement, TR 804.63 0066617 PlaceWorks, Inc. 6/05/2026 Invoices TYV-10.0-10, TYV-11.0-11, TYV-12.0-10 26,442.98 0058180 Christopher
Indudhara/Vacation
rental/STVR 48-21
6/05/2026 Permit Fee Refund
0066625 Southern California
Mulch, Inc.
6/05/2026 PO26-10262, Playground Wood Chip Replenishment 12,420.00 0066578 Advanced Imaging
Solutions
6/05/2026 Copier Leases, 04/01/2026-06/30/2026 5,344.87 EFT Mission Square 6/05/2026 10,335.54
EFT Joshua Curtis Slone 6/05/2026 Exercise Physiologist, Senior Programming 825.00 EFT Shawn M Matteke 6/05/2026 Contracted Instructor - Senior Programming 450.00 EFT Alliant Insurance Services
Trust Account Newport
6/05/2026 Special Event Insurance Premium, YUCCVAL-01 395.00 0066576 Merl Abel 6/05/2026 Travel Expense Reimbursement, Las Vegas,
05.18.26-05.20.26
362.50
0066577 ACTION PUMPING INC 6/05/2026 Invoices 35434, 35438, 39249 1,065.00 0066581 Animal Action League 6/05/2026 Invoices 2420720, 5142026 299.00 0066582 GREGORY ALLEN REX 6/05/2026 Invoices 11246, 11290, 11346 3,201.00 0066584 AT&T MOBILITY 6/05/2026 Cell Phone Service 559.61
Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 2
Warrant Register from 6/01/2026 to 6/30/2026
0066586 AVALON URGENT CARE
INC
6/05/2026 Invoices 35024, 35026, 35027, 35082, 35083,
35085, 35086, 35087, 35090, 35098, 35099, 35100,
35101, 35228, 35229, 35257, 35258, 35259, 35268,
2,160.00
0066587 BANK OF NEW YORK
MELLON CORPORATE
TRUST DEPARTMENT
6/05/2026 Successor Agency/RDA Tax Allocation Bonds Fees, 07/26/2025-07/25/2026
2,200.00
0066588 HAILE BLACKMAN 6/05/2026 2026 Summer Music Festival, 07.25.26. 3,000.00 0066589 DEBRA
BREIDENBACHSTERLING
6/05/2026 Mileage Reimbursement 113.46
EFT Parkers Building Supply 6/05/2026 Credit Card 352.60 0066626 State Controller 6/05/2026 FTB OFFSETS 2025, CITY556 26.88 EFT CDW GOVERNMENT 6/05/2026 Ipads Supply, PO26-10226 7,373.88 0066592 CYNTHIA WEAVER 6/05/2026 Screen Print Clothing 1,062.12 0066597 EWING IRRIGATION
PRODUCTS INC
6/05/2026 Irrigation Maintenance Supplies 671.19
0066594 Desert Arc 6/05/2026 04/26 Cleaning Services 7,232.04 0066598 Rocio Feeney 6/05/2026 Reimbursement for Working Boots 134.06 0066634 Woods Auto Repair 6/05/2026 Vehicle Maintenance 465.89 0066596 Ennis-Flint, Inc. 6/05/2026 Street Signs Supply 1,385.91 0066610 FRED'S TIRES 6/05/2026 Invoices 39412, 39432 840.01 0066599 FULTON DISTRIBUTING
CO
6/05/2026 Invoices 702703, 703056 2,034.76
0066601 Gold Mountain California
News Media, Inc.
6/05/2026 Invoices 68657, 68658 536.00
0066604 Hi-Desert Water District 6/05/2026 Water Supply Service 5,039.32 0066600 GLOBALSTAR USA 6/05/2026 Satelite Phones Annual Service 1,410.21 0066607 KCDZ-FM 6/05/2026 Radio Advertisement - Animal Shelter 620.00 0066620 Quadient Leasing USA
Inc.
6/05/2026 ComDev and Town Hall Postage Machines Leases
06/17/2026-09/16/2026
1,412.22
EFT Miracle Recreation
Equipment Company, Inc.
6/05/2026 Playground Parts Supply 630.00
0059418 MSA 6/05/2026 Membership Dues
0066635 Yucca Valley Auto Parts,
Inc.
6/05/2026 Invoices 539369, 539474 329.48
0066616 Nichols Consulting 6/05/2026 FY25-26 SB90 State Mandated Cost Claims 3,800.00 EFT Noel Rodney Owsley 6/05/2026 GE Services, Lot Merger 01-26; NRO Project N100.492, Apr 2026
500.00
0066618 PRO VIDEO 6/05/2026 Council Meeting Recording, 05.05.26. 150.00 EFT SCE 6/05/2026 Electric Service 4,435.53
0066623 Sciencenter 6/05/2026 Turtle Travels Exhibit Inbound Shipping 7,607.62 EFT Staples 6/05/2026 Credit Card 1,785.92
EFT TPx Communications 6/05/2026 Phone Service 5,044.50 EFT Charter Communications 6/05/2026 Cable/Fiber Services 4,187.75 0066627 TOPS N BARRICADES
INC
6/05/2026 Streets Maintenance Supplies 1,029.77
0066619 Quadient Finance USA
Inc.
6/05/2026 Postage 2,920.22
EFT TRACTOR SUPPLY
CREDIT PLAN
6/05/2026 Credit Card 196.08
0066630 Valley Independent
Printing LLC
6/05/2026 Invoices 45750, 45787 138.75
0066631 VCA Yucca Valley Animal
Hospital
6/05/2026 Invoices 5563702397, 5563702696, 5563702964,
5563702986
338.27
0066602 GUY WULF 6/05/2026 Invoices 051426, 051926, 052026 , 052126 420.00 0066590 Cameron Brill 6/05/2026 Grubstake Days Award Supplies 270.00 0066621 Quadient Inc. 6/05/2026 ECert Evelopes Supply 115.71 EFT Electryon Tech LLC 6/05/2026 Internet Service 129.00 0066628 WS Chief Cornerstone
DBA: Total Care Work
Injury
6/05/2026 Medical Fees 130.00
Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 3
Warrant Register from 6/01/2026 to 6/30/2026
EFT MD Concrete 6/05/2026 PO26-10264, Emergency Concrete Repair@Town Hall
8,000.00
0066614 Municipal Dental Pool
C/O Keenan &
Associates, SETECH
6/05/2026 Monthly Dental Premium Group ID #22642-00001, June 2026
2,283.04
EFT Robert Clapper
Construction Services Inc
6/05/2026 YV Aquatic and Recreation Center Construction Project, thru April 30, 2026
1,583,740.25
EFT American Business Bank 6/05/2026 Retention Escrow Deposit for RC Construction Inc., YV ARC Project; Application#21, period thru
04/30/2026
83,354.75
0066612 Midwest Veterinary
Supply, Inc.
6/05/2026 Veterinary Supplies 3,980.44
EFT Myers & Sons Hi-Way
Safety, Inc.
6/05/2026 Streets Signs 3,085.47
0066629 UniFirst Corporation 6/05/2026 Invoices 2200401057, 2200404110 430.08 0066585 Audio Tek 6/05/2026 2026 Fireworks Stage Sount System 7,575.00 EFT Roadrunner Print and
Ship
6/05/2026 Invoices 3515, 4243, 4488, 4537, 4634, 4709, 4719, 4952, 5214, 5475, 5589, 5751, 5794, 5903, 6156,
6320
3,975.26
0066603 Hi-Desert Metal & Gas
Supply
6/05/2026 Carbon Dioxide Units Supply for Pool 130.50
EFT Genesi LLC 6/05/2026 05/2026 Professional Services 10,000.00 EFT JNS Media Specialists 6/05/2026 Tourism Marketing Progect, Account Manegement, Strategic Advice
2,000.00
EFT Apex Paving Co 6/05/2026 Berm Repair Project, 05/18/26-05/20/26 98,076.00 EFT Impact Sciences, Inc. 6/05/2026 CEQA for Dutch Bros, Project #1590.003, Apr 2026 3,012.00 EFT Multy Service Technology
Solutions Inc.
6/05/2026 Credit Card 1,039.33
0066624 Brenda L. Snoke-Northup 6/05/2026 Reimbursement for Out of State Preemploymentand Testing and Livescan 137.80
0066632 TG Entertainment 6/05/2026 2026 Summer Music Festival, 07.03.26. 4,500.00 0066633 Woodie and the
Longboards
6/05/2026 2026 Summer Music Festival, 07.11.26. 2,000.00 0066606 THE ANSWER BAND,
INC
6/05/2026 2026 Summer Music Festival, 07.18.26. 2,000.00 0066591 California State Controller 6/05/2026 FY24/25 Remit Report, Unclaimed Property Transfer 1,208.76 EFT Environmental Planning
Development Solutions,
Inc. - EPD Solutions, Inc.
6/05/2026 CEQA for Tumbleweed Sanctuary, CUP 01-24, EA
02-24, throught 04/26/2026
8,634.30
EFT Mission Square 6/17/2026 6,162.42
EFT PARS 6/17/2026 1,615.14
EFT Lincoln 457 (Payroll) 6/17/2026 4,065.85
0066638 AMERICAN ASPHALT
SOUTH, INC.
6/19/2026 2025 Town-Wide Crack/Seal & Slurry Project,
Retention Release
87,128.42
EFT Pacific Western Bank 6/19/2026 Credit Card 33,344.85 EFT Southwest Networks, Inc. 6/19/2026 Invoices 26-6042SC, 26-6055SC 70.50 0066642 Castrol Premium Lube &
Smog Express
6/19/2026 Vehicle Maintenance Service 102.61
0066681 PARS 6/19/2026 04/26 Annual Asset Fee 300.00
EFT FORTE 6/19/2026 PO25-10127, YVARC Project, Security Systems Equipment, #10
52,961.83
EFT Harrell's LLC 6/19/2026 Parks Maintenance Supplies 1,729.13 EFT Burke Williams and
Sorensen LLP
6/19/2026 05/26 Professional Services 21,343.83
0066695 West Coast Turf 6/19/2026 Sod for Soccer Fields 576.38 0066678 Victoria Montgomery 6/19/2026 Contracted Instructor, Stretch "N" Tone Class 197.40 EFT Landmark Consultants,
Inc
6/19/2026 Invoices LP0626-62, LP0626-63 6,777.40
0066689 Stiles Animal Removal,
Inc.
6/19/2026 Dead Animal Disposal 1,650.00
EFT Tripepi, Smith &
Associates, Inc.
6/19/2026 Invoices 16950, 17005, 17179, 17215, 17359 28,259.26
Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 4
Warrant Register from 6/01/2026 to 6/30/2026
0066637 AIS 6/19/2026 06/26 Copy Charges per Lease 816.65 0066682 PlaceWorks, Inc. 6/19/2026 Invoices TYV-10.0-11, TYV-12.0-11 18,995.00 0066687 William Michael
Shamhart
6/19/2026 Contracted Instructor, Pickeball Clinics/Drills 197.40 EFT Mariposa Landscapes
Inc.
6/19/2026 05/26 Landscape Maintenance 9,726.56
EFT EcoFert, Inc. 6/19/2026 05/26 Monthly Program Fees 2,160.00 0066668 Hi-Way Safety Rentals,
Inc.
6/19/2026 2026 Grubstakes Traffic Control 1,950.00
0066696 Wireless Controls, Inc. 6/19/2026 Additional Main Controller Installation, PO26-10201 13,099.00 EFT Safework, Inc 6/19/2026 Invoices 00000451-22, 00000451-23 133,866.00 0066646 Regina Costello 6/19/2026 Invoices Apr-26, May-26 131.90 0066670 Kevin Quinlan 6/19/2026 Invoices 060326, 060426 210.00 0066643 Colorado Studio LLC 6/19/2026 YV Farmers Market Promotional VideoProduction 820.00 0066655 Frazier Pest Control, Inc. 6/19/2026 05/26 Town-wide Monthly Pest Control 380.00 0066674 Frank J Luckino 6/19/2026 Invoices MR, TR 143.89 0066669 Joseph Glockner 6/19/2026 Full Fee Refund for STVR 157-22@57508 Buena Suerte
1,323.00
0066662 GUY WULF 6/19/2026 Invoices 060226, 060926 210.00 0066694 VCA Yucca Valley Animal
Hospital
6/19/2026 Invoices 5563703277, 5563703450, 5563703506,
5563703784, 5563703841, 5563704164,
5563704316
2,157.90
0066691 ULINE 6/19/2026 Maintenance Supplies 426.41
0066693 Valley Independent
Printing LLC
6/19/2026 Invoices 45785, 45805, 45812 289.23
0066690 TOPS N BARRICADES
INC
6/19/2026 Streets Maintenance Supplies 2,726.08
EFT PYRO SPECTACULARS
INC
6/19/2026 Balance Due for FY26/27 Display Fireworks on July 03, 2026
11,250.00
0066683 QUALITY STREET
SERVICES INC
6/19/2026 Street Sweeping Service Routine, Ticket #4558, 05/18/26-05/21/26
8,480.00
0066684 ROGERS ANDERSON
MALODY & SCOTT LLP
6/19/2026 FY25/26 Audit Progress Billing, March 2026 13,000.00 EFT SBCO Sheriff's
Department
6/19/2026 06/26 Public Safety Services 587,429.00
EFT SCE 6/19/2026 Electric Service 34,659.45
EFT Noel Rodney Owsley 6/19/2026 Invoices 04-26-001, 04-26-002, 04-26-003, 04-26- 004, 06-26-001, 06-26-002, 06-26-003, 06-26-004
15,100.00
0066680 PLASTICPLACE 6/19/2026 Grounds Maintenance Supplies 520.37 0066699 Yucca Valley Auto Parts,
Inc.
6/19/2026 Vehicle Maintenance Supplies 154.48
EFT Primo Brands 6/19/2026 Office Bottled Water Supply (CD) 338.06 EFT Primo Brands 6/19/2026 Office Bottled Water Supply (TH) 362.48 0066671 MICHAEL E LANG 6/19/2026 Contracted Instructor, CPR Class 105.00 0066657 Michele Gardner 6/19/2026 Office Supply Expense Reimbursement 152.23 0066663 Hinderliter, de Llamas
and Associates
6/19/2026 Invoices SIN064083, SIN064472, SIN064473 2,437.95 0066660 Gold Mountain California
News Media, Inc.
6/19/2026 Display: Pet Adoptions Ads 750.00
0066666 Hi-Desert Water District 6/19/2026 Water Supply Service 44,878.70 EFT Honeywell International
Inc.
6/19/2026 Mechanical & Electrical Service, July 2026 5,828.96 EFT Quinn Company 6/19/2026 Credit Card 373.76
0066656 FULTON DISTRIBUTING
CO
6/19/2026 Invoices 702703credit, 704395 925.89
0066675 FRED'S TIRES 6/19/2026 Vehicle Maintenance Service 320.00 0066697 Woods Auto Repair 6/19/2026 Vehicle Maintenance 778.71 0066649 Desert Arc 6/19/2026 05/26 Cleaning Services 7,232.04 0066652 EXHIBIT ENVOY, Inc. 6/19/2026 Deposit for Exhibit Rental Fee "Americans",
09.12.27-10/31/27
583.25
EFT FARMER BROTHERS
CO
6/19/2026 Office Coffee Supply 816.10
Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 5
Warrant Register from 6/01/2026 to 6/30/2026
0066653 FEDEX 6/19/2026 Invoices 9-307-94460, 9-326-48785, 9-336-87628 240.59 0066688 DEPARTMENT OF
JUSTICE
6/19/2026 05/26 Fees 392.00
0066636 Merl Abel 6/19/2026 Travel Expense Reimbursement, Lake Arrowhead,
05.13.26-05.15.26
128.33
EFT CHARLES ABBOTT
ASSOCIATES
6/19/2026 05/26 Building Permit and Plan Check Fees 25,442.95 0066644 LESLEY COPELAND 6/19/2026 Reimbursement for monthly medical insurance cost, June 2026
1,758.06
0066645 CoreLogic Solutions LLC,
Information Solutions
6/19/2026 RQ2 Nationwide Commitment Package, May 2026 316.71 0066639 GREGORY ALLEN REX 6/19/2026 Veterinary Services 765.00 0066672 ROBERT LOMBARDO 6/19/2026 Travel Expense Reimbursement, Lake Arrowhead,
05.14.26-05.15.26
128.33
0066673 ROBERT LOMBARDO 6/19/2026 Travel Expense Reimbursement, DMD Ontario,
05.20.2026.
132.24
0066647 RICK DENISON 6/19/2026 Travel Expense Reimbursement, Lake Arrowhead,
05.14.26-05.15.26
128.33
0066648 RICK DENISON 6/19/2026 Travel Expense Reimbursement, DMD Ontario,
05.20.2026.
132.24
0066679 MORONGO UNIFIED
SCHOOL DISTRICT
6/19/2026 05/26 Fleet Fuel 2,603.08
EFT Environment Planning
Development Solutions,
Inc.
6/19/2026 CEQA for Tumbleweed Sanctuary, CUP 01-24, EA
02-24, throught 04/26/2026
8,657.50
EFT Ted Jones Ford Inc. dba
Ken Grody Ford
6/19/2026 2026 Ford F-150, VIN 1FTEW2LP7TKD95649,
PO26-10266
50,762.38
EFT Garnet Reclamation LLC 6/19/2026 Mix-Loads Right to Dump Fees 405.00 EFT Van Engineering Inc. 6/19/2026 CC Athletic Facility Improvements, 05/01/26- 05/31/26
765,206.28
0066665 Hi-Desert Metal & Gas
Supply
6/19/2026 Invoices 799, 800, 810, 811 862.06
0066677 McCue Mechanical 6/19/2026 Senior Center Walk In Cooler Repair Service 562.50 EFT Apex Paving Co 6/19/2026 Invoices 1054, 1057 61,528.00 0066664 Jennifer Henry 6/19/2026 Dance Mojave Adult Class 63.00 0066659 Karen Gladis 6/19/2026 Dance Mojave Youth Class 168.00 0066661 Grainger 6/19/2026 Utility Cart, Brushroll Assembly, Angle Sillcock Supply
426.55
EFT Roadrunner Print and
Ship
6/19/2026 Printing Services, Project Sign CC Athletic Facilities 457.32 0066667 Hi-Desert Water District 6/19/2026 FOG Permit #0000-0005 Renewal Inspection Fee 120.00 0066676 Meilani MacDonald 6/19/2026 Invoices May-26 Crafts, May-26 Garderning 95.20 0066650 Robyn Einhorn 6/19/2026 Contracted Instructor, Ceramics Class 560.00 0066654 First American Data Tree,
LLC
6/19/2026 Monthly Subscription for Property Info Website 100.00 0066651 Erik Mendoza 6/19/2026 Invoices 10, 9 600.00
0066641 Lara Bennett 6/19/2026 Invoices May-26 Adult Ballet, May-26 Barre, May-26 Dance Fund, May-26 Intro to Gymnastics, May-26
Kids Rhythm, May-26 Tumblin' Tots
847.00
EFT Myers & Sons Hi-Way
Safety, Inc.
6/19/2026 Invoices 186867, 187000 3,063.87
0066692 UniFirst Corporation 6/19/2026 Invoices 2200406537, 2200409090 440.47 EFT Robert Clapper
Construction Services Inc
6/19/2026 YV Aquatic and Recreation Center Construction Project, thru May 31, 2026
2,388,129.87
EFT American Business Bank 6/19/2026 Retention Escrow Deposit for RC Construction Inc., YV ARC Project; Application#22, period thru
05/31/2026
125,691.05
0066685 Safeway Sign Company 6/19/2026 Street Signs 7,800.58 0066698 Mary Worthen 6/19/2026 Contracted Instructor, Woodcarving Class 23.80 0066658 Gina Brown 6/19/2026 Contracted Instructor, Science for the Future 577.50 0066686 Penny Lee Shadwick 6/19/2026 Contracted Instructor, Knit and Crochet Class 57.40 0066640 Raini Ameli Armstrong 6/19/2026 Contracted Instructor, Watercolor Workshop 66.50
Check # Name Check Date Description Check Amount
Town of Yucca Valley Page: 6
Warrant Register from 6/01/2026 to 6/30/2026
EFT Mission Square 6/25/2026 14,283.35
EFT PARS 6/25/2026 2,887.57
EFT Lincoln 457 (Payroll) 6/25/2026 4,046.38
EFT PARS 6/30/2026 OPEB for QTR Ending 06.30.26 22,485.07 EFT PARS 6/30/2026 Pension for QTR Ending 06.03.26 11,242.57 Total Checks: 6,732,811.86
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: July 14, 2026
Meeting Date: July 21, 2026
Subject: Resolution No. 26-XX: Measure I Five-Year Capital Improvement Program, 2026/2027 to 2030/2031, Measure I Expenditure Strategy
Recommendation:
That the Town Council adopts Resolution No. 26-xx approving the Measure I Five-Year Capital Improvement Program and Expenditure Strategy for Fiscal Years 2026/2027 to 2030/2031.
Prior Review:
There has been no prior Town Council review of this item. The Town is required to adopt the Measure I Capital Improvement Program annually.
Discussion:
Measure I revenues are restricted to street, highway and/or road program expenditures. There are extensive roadway improvement needs throughout the community which far exceed the available funds for construction or reconstruction of roadways. Most of the roadways are not improved to their ultimate width. Additionally, many of the roadways are extremely aged and distressed as a result of having not been adequately maintained over their lifespan by the County. Current estimates indicate that a minimum of $16 million investment in reconstruction and rehabilitation would be necessary in order to bring all existing roadways within the maintained system up to acceptable standards. With approximately $900,000 to $1,000,000 +/- in Measure I revenues annually, the Town does not have the financial ability to address all the roadway improvement needs of the existing Roadway System.
The Town utilizes a Pavement Management System (PMS) as a guide in determining costeffective maintenance treatments, budget planning and project identification. The rationale behind the PMS is to get all pavement segments to the condition where preventative maintenance is the primary strategy being applied on a 5 to 7-year interval basis. In simple terms, it costs 1/5 to 1/10 of the cost to effectively maintain a roadway segment compared to complete reconstruction costs after the pavement is 80% deteriorated and allowed to lapse into a poor and failed condition, then followed by the rehabilitation cycle.
For the 2026/2027 fiscal year period, Measure I fund will be used for the construction of the Townwide Slurry/Cape Seal Project.
Long-term maintenance of the reconstructed roads by Hi-Desert Water District following the collection system construction is a high priority. During this five-year Measure I planning period, funds are “set-a-side” for future maintenance of the new roads being constructed by HDWD in Phase I. In approximately 2023/2024, seven years from when HDWD Package A roads are constructed, the first scheduled maintenance cycle for those roads is planned.
As illustrated, how the Town administers the Measure I program over the next several years will be best described as “flexible”, based upon HDWD’s implementation of the wastewater collection system, Phase II. As such, amendments to the Measure I Five-Year Capital Improvement Program during this time period are anticipated.
The annual slurry/cape seal program will continue to move forward, coordinated with HDWD waterline and wastewater collection system construction sequencing, using Measure Y annual revenues.
Additionally, the following projects were added to Measure I Funding for design purposes at this time:
• Palm Avenue Widening - Sunnyslope to SR62
• Yucca Trail Widening – Palomar to La Contanta
Alternatives
Staff recommends no alternative actions. Plan consistency with expenditures is required for Measure I compliance review.
Fiscal Impact:
Adoption of the Measure I Resolution will have no financial impacts and will allow the Town to access the Measure I funds. Attached to this document are projected Measure I fund balances over the five (5) year period based upon the recommended plan. Amendments/adjustments to the plan will be made as projects continue to move forward, coordinated with the wastewater and other projects.
Attachments
1. RESOLUTION
2. 2027-2031 CIP_Report_Template Attach B
3. Attachement B - Measure I Expenditure Strategy
4. 2027-2031 MICIP 5 Year Revenue Est Attach C
RESOLUTION NO 26-xx
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY,
CALIFORNIA, ADOPTING THE FIVE-YEAR MEASURE I CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2026/2027 TO 2030/2031.
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-01 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY DOES RESOLVE AS FOLLOWS.
Section 1. That the Five-Year Transportation Project List for fiscal years 2026/2027 to 2030/2031, attached to this resolution as Exhibit A, is hereby adopted.
Section 2. That the Measure I Expenditure Strategy for Fiscal Year 2026/2027, attached to this resolution as Exhibit B., is hereby adopted.
Section 3. That the Town Clerk of the Town of Yucca Valley is hereby directed to forward a copy of this Resolution to the San Bernardino County Transportation Authority.
PASSED, APPROVED AND ADOPTED THIS 21st day of July 2026.
______________________________
MAYOR
ATTEST:
________________________________________
TOWN CLERK
APPROVED AS TO FORM:
________________________________________
TOWN ATTORNEY
Resolution Number: Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2026/2027 thru 2030/2031
Jurisdiction:
Resolution Approval Date:
Contact Person/Title: Alex Qishta/PWD Yucca Valley
Phone: 7603696579
Email: [email protected]
6/30/26 Carryover Balance $808,000.00
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the
City's Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue FY2029/30 Est. Revenue FY2030/31 Est. Revenue Total Est. Rev. $914,859 $936,625 $959,464 $982,841 $1,006,803 $4,800,592 Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate Total
Projects:
Traffic Studies & Warrant Studies No No 0.0% 0.0% $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 Annual Traffic Cesus No No 0.0% 0.0% $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $75,000 Congestion Mnangement Plan (CMP) No No 0.0% 0.0% $3,500 $3,500 $3,500 $3,500 $3,500 $3,500 $17,500 Utilities No No 0.0% 0.0% $70,000 $70,000 $70,000 $70,000 $70,000 $70,000 $350,000 Signal Maintenace Contract No No 0.0% 0.0% $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $75,000 SR62 Median Maintenance Contract No No 0.0% 0.0% $131,250 $131,250 $137,810 $144,703 $151,938 $159,535 $725,236 Personnel Cost No 0.0% 0.0% $375,000 $375,000 $393,750 $413,440 $434,112 $455,820 $2,072,122 Indirect Cost Recovery No No 0.0% 0.0% $65,000 $65,000 $65,000 $65,000 $65,000 $65,000 $325,000 Major Arterial and Collectors Crack Seal and Slurry No No 0.0% 0.0% $500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $2,500,000 Palm Avenue Rehabilitation Project No No 0.0% 0.0% $150,000 $250,000 $0 $0 $0 $0 $250,000 Yucca Trail Rehabilitation No 0.0% 0.0% $250,000 $250,000 $0 $0 $0 $0 $250,000
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
Projects Total: $1,684,750 $1,210,060 $1,236,643 $1,264,550 $1,293,855 $6,689,858 (Must not exceed 150% of Carryover Balance
+ Total Estimated Revenue) Total Programming is currently 119% Total Estimated Programming: $6,689,858
Resolution Number: Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2026/2027 thru 2030/2031
Jurisdiction:
Resolution Approval Date:
Contact Person/Title: Adelanto
Phone:
Email:
6/30/25 Carryover Balance $0.00
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the
City's Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
FY2026/27 Est.
Revenue
FY2027/28 Est.
Revenue
FY2028/29 Est.
Revenue
FY2029/30 Est.
Revenue
FY2030/31 Est.
Revenue Total Est. Rev.
$1,163,503 $1,191,188 $1,220,246 $1,250,015 $1,280,509 $6,105,460 Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate Total
Projects:
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
Projects Total: $0 $0 $0 $0 $0 $0
(Must not exceed 150% of Carryover
Balance + Total Estimated Revenue) Total Programming is currently 0% Total Estimated Programming: $0 Please read yellow cells
in column P for
Directions!
Directions:
Each Jurisdiction must annually submit a new 5 year CIP to SBCTA by September 1 to receive Local Street Pass-Through funds. 1) Only purple cells need attention/data entry.
2) Select your Jurisdiction in L2 Using Drop Down (Revenue will update automatically)
3) Enter the amount of your unused MSI Local Street funds estimated at the end of the current Fiscal Year in M6.
4) Type the Project Names in column B (see 5 for additional instructions) 5) Please include the type of work. There's no limit on categorial projects, like pavement mgmt or routine maintenance. If adding a specific road/named project, please include road name, limits and type of work. 6) Please enter yes or no as appropriate in cells C&D to indicate if the Project is in a Non-Motorized Trans Plan or has an ATP Component. 7) If the Project is a Capacity Improvement Project/Arterial Project, please enter the Public/DIF Share % from the Nexus Study. Otherwise, leave blank.
Please Contact SBCTA if you need help with this.
8) Please enter Estimated Total Project Cost in column G. May be more than the Measure I amount.
9) Please enter the amount of Measure I Local Street dollars estimated to be spent by Fiscal Year.
10) Make sure the programming doesn't exceed 150% of the 5 Year Estimated Revenue + Carryover Balance. If it does, cell H60 will turn pink as a flag, and will show a % above 150%. You will need to reduce programming during the 5 years per Measure I Policy VLS-9, VVLS-13, or MDLS-11.
11) Hide/Unhide blank project lines as needed. If you need more lines to input Projects, please unhide rows up to line 100. If Projects exceed 100 lines, please contact SBCTA for a revised form.
12) Only input/submit the 5 Year CIP using the SBCTA-approved form sent to you. Contact SBCTA if you encounter problems.
13) All projects with expenditures MUST BE LISTED in the CIP in effect at the time of expenditure as a requirement of the Measure I Ordinance and Policy VLS-9, VVLS-13, or MDLS-11. If an agency spends Measure I Local Street funds on a project not listed, a Revised CIP must be submitted by Sept 1 after the year where the expenditures were incurred to avoid an audit finding. 14) Consider submitting CIP to SBCTA for consistency review/policy compliance prior to adoption by jurisdictions governing body. Please call SBCTA with any questions using contact person from Cover Letter.
EXHIBIT B
TOWN OF YUCCA VALLEY
MEASURE I EXPENDITURE STRATEGY
FY 2026/2027
Elderly/Handicapped Fund: All revenue in the Elderly and Handicapped fund is expended by the Morongo Basin Transit Authority for necessary programs.
Local Street Program (LSP): Measure I Local Streets revenues are allocated to a number of projects, including reconstruction/rehabilitation/maintenance and engineering/design of arterials and residential roads, annual studies and/or reports such as pavement management program updates, traffic census reports, and similar activities. Local street program funds also pay expenditures for personnel on the Town’s street crew.
Major Local Highways Program (MLH): Measure I Major Local Highway revenues are managed by SBCTA. By September 30th of each year, the Town shall submit a written request to SBCTA specifying the scope of the project(s), the requested amount and other fund sources required to fully fund the project(s).
ATTACHMENT C
Measure I Local Pass-through Program
REVENUE ESTIMATES FOR FY2025/2026 thru FY2030/2031
Valley Subarea
VALLEY SUBAREA
Population
Distribution
Percentage
Estimated Annual Local Pass-Through Amount Total FY26/27 through FY30/31 REV FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 FY30/31 Chino 5.98% $ 2,507,086 $ 2,512,157 $ 2,571,946 $ 2,634,696 $ 2,698,979 $ 2,764,828 $ 13,182,607 Chino Hills 4.84% $ 2,029,536 $ 2,033,641 $ 2,082,041 $ 2,132,839 $ 2,184,877 $ 2,238,183 $ 10,671,581 Colton 3.34% $ 1,398,577 $ 1,401,406 $ 1,434,759 $ 1,469,765 $ 1,505,625 $ 1,542,359 $ 7,353,914 Fontana 13.73% $ 5,753,388 $ 5,765,026 $ 5,902,232 $ 6,046,234 $ 6,193,752 $ 6,344,868 $ 30,252,113 Grand Terrace 0.80% $ 336,086 $ 336,766 $ 344,781 $ 353,193 $ 361,810 $ 370,637 $ 1,767,187 Highland 3.58% $ 1,498,592 $ 1,501,623 $ 1,537,362 $ 1,574,870 $ 1,613,294 $ 1,652,656 $ 7,879,805 Loma Linda 1.59% $ 664,717 $ 666,061 $ 681,913 $ 698,551 $ 715,594 $ 733,053 $ 3,495,173 Montclair 2.35% $ 985,079 $ 987,071 $ 1,010,563 $ 1,035,219 $ 1,060,477 $ 1,086,350 $ 5,179,680 Ontario 11.55% $ 4,840,708 $ 4,850,500 $ 4,965,941 $ 5,087,100 $ 5,211,216 $ 5,338,360 $ 25,453,117 Rancho Cucamonga 11.03% $ 4,619,889 $ 4,629,234 $ 4,739,408 $ 4,855,040 $ 4,973,495 $ 5,094,839 $ 24,292,017 Redlands 4.60% $ 1,929,101 $ 1,933,003 $ 1,979,008 $ 2,027,292 $ 2,076,755 $ 2,127,424 $ 10,143,482 Rialto 6.61% $ 2,771,140 $ 2,776,746 $ 2,842,832 $ 2,912,191 $ 2,983,244 $ 3,056,029 $ 14,571,041 San Bernardino 13.95% $ 5,846,709 $ 5,858,536 $ 5,997,967 $ 6,144,305 $ 6,294,216 $ 6,447,783 $ 30,742,806 Upland 4.96% $ 2,077,469 $ 2,081,672 $ 2,131,215 $ 2,183,212 $ 2,236,479 $ 2,291,045 $ 10,923,623 Yucaipa 3.44% $ 1,439,528 $ 1,442,440 $ 1,476,770 $ 1,512,800 $ 1,549,710 $ 1,587,520 $ 7,569,240 County/Valley 7.64% $ 3,201,440 $ 3,207,916 $ 3,284,263 $ 3,364,392 $ 3,446,478 $ 3,530,565 $ 16,833,614 Total Valley Region 100.00% $ 41,899,044 $ 41,983,800 $ 42,983,000 $ 44,031,700 $ 45,106,000 $ 46,206,500 $ 220,311,000
ATTACHMENT C
Measure I Local Pass-through Program
REVENUE ESTIMATES FOR FY2025/2026 thru FY2030/2031
Mountain/Desert Subareas
MOUNTAIN/DESERT
SUBAREA
Distribution Percentage
(50% Population & 50% Revenue Generation) Estimated Annual Local Pass-Through Amount* Total FY26/27
through FY30/31
Population Revenue
Generation REV FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 FY30/31 Needles 68.83% 71.85% $ 174,012 $ 179,147 $ 183,367 $ 187,798 $ 192,370 $ 197,012 $ 939,693 County/Colorado River 31.17% 28.15% $ 73,388 $ 75,553 $ 77,333 $ 79,202 $ 81,130 $ 83,088 $ 396,307 Colorado River Subarea 100.00% 100.00% $ 247,400 $ 254,700 $ 260,700 $ 267,000 $ 273,500 $ 280,100 $ 1,336,000 Twentynine Palms 34.22% 22.66% $ 589,686 $ 533,146 $ 545,831 $ 559,141 $ 572,764 $ 586,728 $ 2,797,611 Yucca Valley 31.07% 66.53% $ 1,011,879 $ 914,859 $ 936,625 $ 959,464 $ 982,841 $ 1,006,803 $ 4,800,592 County/Morongo Basin 34.71% 10.80% $ 471,835 $ 426,595 $ 436,744 $ 447,395 $ 458,295 $ 469,468 $ 2,238,497 Morongo Basin Subarea 100.00% 100.00% $ 2,073,400 $ 1,874,600 $ 1,919,200 $ 1,966,000 $ 2,013,900 $ 2,063,000 $ 9,836,700 Barstow 42.63% 75.32% $ 1,742,598 $ 1,831,825 $ 1,875,406 $ 1,921,110 $ 1,967,935 $ 2,015,939 $ 9,612,215 County/North Desert 57.37% 24.68% $ 1,212,302 $ 1,274,375 $ 1,304,694 $ 1,336,490 $ 1,369,065 $ 1,402,461 $ 6,687,085 North Desert Subarea 100.00% 100.00% $ 2,954,900 $ 3,106,200 $ 3,180,100 $ 3,257,600 $ 3,337,000 $ 3,418,400 $ 16,299,300 Big Bear Lake 9.92% 31.58% $ 526,168 $ 638,813 $ 654,001 $ 682,759 $ 712,782 $ 744,133 $ 3,432,488 County/Mountains 90.08% 68.42% $ 2,009,732 $ 2,439,987 $ 2,497,999 $ 2,607,841 $ 2,722,518 $ 2,842,267 $ 13,110,612 Mountains Subarea 100.00% 100.00% $ 2,535,900 $ 3,078,800 $ 3,152,000 $ 3,290,600 $ 3,435,300 $ 3,586,400 $ 16,543,100 Adelanto 8.73% 5.07% $ 1,122,359 $ 1,163,503 $ 1,191,188 $ 1,220,246 $ 1,250,015 $ 1,280,509 $ 6,105,460 Apple Valley 17.70% 14.11% $ 2,586,238 $ 2,681,045 $ 2,744,839 $ 2,811,798 $ 2,880,394 $ 2,950,661 $ 14,068,737 Hesperia 23.93% 24.76% $ 3,959,191 $ 4,104,328 $ 4,201,988 $ 4,304,493 $ 4,409,505 $ 4,517,074 $ 21,537,389 Victorville 33.15% 51.13% $ 6,853,000 $ 7,104,220 $ 7,273,260 $ 7,450,686 $ 7,632,453 $ 7,818,646 $ 37,279,265 County/Victor Valley 16.48% 4.92% $ 1,740,113 $ 1,803,903 $ 1,846,826 $ 1,891,878 $ 1,938,032 $ 1,985,310 $ 9,465,948 Victor Valley Subarea 100.00% 100.00% $ 16,260,900 $ 16,857,000 $ 17,258,100 $ 17,679,100 $ 18,110,400 $ 18,552,200 $ 88,456,800 Total Mt Desert Region $ 24,072,500 $ 25,171,300 $ 25,770,100 $ 26,460,300 $ 27,170,100 $ 27,900,100 $ 132,471,900
Item: 10.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: July 14, 2026
Meeting Date: July 21, 2026
Subject: On-Call Concrete Repair and Replacement Maintenance Services – Award of Maintenance Services Contract
Recommendation:
That the Town Council awards a two (2) year maintenance service contract to MD Concrete, 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 $200,000.00 each year for on-call concrete repair and replacement maintenance services.
Prior Review:
On June 2, 2026, the Town Council authorized the release of an RFP for On-Call Concrete Repair and Maintenance Services.
Discussion:
The Town of Yucca Valley maintains various public infrastructure improvements throughout the community, including sidewalks, curb and gutter, driveway approaches, headwalls, and other related concrete facilities. Routine maintenance and timely repairs are necessary to maintain public safety, preserve infrastructure, and address deficiencies identified through inspections, service requests, capital improvement projects, and emergency situations.
Establishing an on-call services agreement will allow the Town to respond more efficiently to maintenance needs and streamline project delivery for smaller repair projects throughout the Town.
The work under contract will consist of, but not limited to:
• Sidewalk repair and replacement
• Curb and gutter repair and replacement
• Driveway approach reconstruction
• Concrete headwall repairs
• ADA improvements and curb ramps
• Removal and replacement of damaged concrete improvements • Related concrete maintenance and miscellaneous appurtenant work The on-call contract will provide flexibility for staff to address maintenance issues as they arise without the need to bid individual small-scale projects separately. Services will be performed on a task-order basis, with work assigned according to the Town’s operational needs or as directed by staff.
Staff anticipates the contract to be in effect for two years, with an option to extend the contract by three (3) more years, pending the availability of funds.
One (1) proposal from MD Concrete was received and opened on June 25, 2026, as follows:
APPENDIX A ALL PRICES BASED ON
CONCRETE REPAIR AND MAINTENANCE FEE SCHEDULE TEN YARDS OR MORE Unit Price*
Work Description Unit
NO REMOVAL WITH REMOVAL
1 Construct 8” Curb & Gutter (Remove &
Replace) L.F. $ 85.00 $ 125.00
2 Construct 6’ Wide Sidewalk Per Std Drawing
220 (Remove & Replace) S.F. $ 23.00 $ 46.00
3 Construct ADA Curb Ramp Per Std Drawing 211
(Remove & Replace) S.F. $ 30.00 $ 46.00
4 Construct Residential Driveway Approach Per
Std Drawing 211 (Remove & Replace) S.F. $ 27.50 $ 51.00 5 Construct Commercial Driveway Approach Per
Std Drawing 213 (Remove & Replace) S.F. $ 29.50 $ 52.00 6 Construct Concrete Headwall Per Std Drawing
440 (Wing-Type)
S.F.
C.Y.
144
$ 3,600.00 $ 5,200.00
7 Construct Concrete Headwall Per Std Drawing
441 (U-Type) C.Y.
$ TO BE DETERMINED BY
SIZE AND ENGINEER
8 Construct Drainage Structures S.F.
BASED ON FILL AND DEMO
MAY CHANGE PRICE
$ 65.00
*Unit Price to include Mobilization, Erosion Control, Traffic Control, and Travel Time.
NEW CONSTRUCTION / NO DEMO
FLAT WORK 4” NO REBAR $ 23.00 S.F.
FLAT WORK 6” NO REBAR $ 24.50 S.F.
FOUNDATIONS WITH 12”x 12” WITH
#4 REBAR 6” SLAB #4 REBAR 16” OC $ 33.00 S.F.
ADDED HEAD WALL TO ANY PROJECT
12”x 3’ DEEP $ 97.00 L.F.
The Town has reviewed the proposal package and confirmed that MD Concrete of Yucca Valley, California, is the lowest responsible and responsive bidder.
Alternatives
No alternatives are recommended.
Fiscal Impact:
The agreement establishes a not-to-exceed amount of $200,000.00 for FY 2026/27 and $200,000.00 for FY 2027/28 for the two (2) year contract for on-call concrete repairs and replacement maintenance services. The FY2026-2028 Adopted Budget allocates $200,000.00 per year for concrete repair services from the Capital Project Reserve Fund 800.
Attachments
1. MD Concrete - Previous Work
2. MD Concrete - Resume
3. Proposal Submittal - RFP On-Call Concrete Repair - MD Concrete
4. Exhibit A - Capital Projects Reserve Fund 800
2026-27 2027-28
800 - Capital Projects Reserve Amended Projected Adopted Adopted Budget Actual Budget Budget
RECEIPTS
State Grant Reimbursement $ - $ - $ - $ -
Cost Recovery 50,000 50,000 50,000 50,000
TOTAL RECEIPTS 50,000 50,000 50,000 50,000
CAPITAL OUTLAY
Construction Projects 724,050 524,370 250,000 650,000
Capital Replacement 1,022,575 693,049 1,470,000 500,000 Vehicle & Equipment Replacement 626,424 626,424 200,000 200,000 Capital Maintenance 612,752 560,573 715,000 215,000
TOTAL CAPITAL OUTLAY 2,985,801 2,404,416 2,635,000 1,565,000
OPERATING TRANSFERS IN (OUT)
Transfer IN (OUT)- Fund 001 500,000 500,000 - -
Transfer IN (OUT)- Fund 001 9,500 9,500 10,000 11,000
Transfer IN (OUT)- Fund 001 2,000,000 2,000,000 - -
Transfer IN (OUT)- Fund 572 (4,500,000) (4,500,000) - - Transfer IN (OUT)- Fund 574 (827,000) (827,000) - -
Transfer IN (OUT)- Fund 801 - - - -
(2,817,500) (2,817,500) 10,000 11,000
INCREASE (DECREASE) IN
FUND BALANCE (5,753,301) (5,171,916) (2,575,000) (1,504,000) Unassigned Cap Reserve Fund 9,763,144 9,763,144 3,221,371 953,693 Specialized Professional Services Reserve 52,322 52,322 52,322 50,000 Unspent Bond Proceeds - 2022 Debt Issuance 1,000,000 1,000,000 2,500,000 2,500,000 Unspent Bond Proceeds-Sewer Design 159,587 159,587 146,368 131,368 Fleet Reserve 268,114 268,114 151,190 11,190
BEGINNING FUND BALANCE 11,243,167 11,243,167 6,071,251 3,646,251 Unassigned Cap Reserve Fund 2,544,089 3,221,371 803,693 31,015 Specialized Prof. Services Reserve 50,000 52,322 50,000 47,678 Unspent Bond Proceeds - 2022 Debt Issuance 2,500,000 2,500,000 2,500,000 1,950,000 Unspent Bond Proceeds-Sewer Design 144,587 146,368 131,368 116,368 Fleet Reserve 251,190 151,190 11,190 (2,810)
ENDING FUND BALANCE $ 5,489,866 $ 6,071,251 $ 3,496,251 $ 2,142,251 Construction Projects
Project Detail
Town Hall Redesign 249,620 249,620
Public Buildings Design/Renov 100,000 100,000 250,000 - Tri Valley Maintenance 173,495 173,495 - 650,000
Old Town Beautification 115,935 1,255
Town Property - Utility Undergrounding 85,000 -
724,050 524,370 250,000 650,000
Capital Replacement Program
Cap Projects- Contingency 200,000 56,164 100,000 100,000 ADA Improvements - - 50,000 50,000
Financial Software 100,000 100,000 450,000 -
Admin Services Masterplan Projects 110,000 110,000
Community Center HVAC Replacement 165,000 95,161
TriValley Shade Sail Replacement 200,000 186,150
CC Masterplan - CEQA 27,575 25,575
Open Spaces & Conservation Element Plan 120,000 120,000 Airport Comprehensive Land Use Plan - 320,000
Old Town Specific Plan & Phase II Design - 450,000 250,000 Town Property Acquisition 100,000 - 100,000 100,000
1,022,575 693,049 1,470,000 500,000
Vehicle and Equipment Replacement
Vehicle/Equipment Repl 626,424 626,424 200,000 200,000
Capital Maintenance Program 626,424 626,424 200,000 200,000 Public Works
Berm Repairs 529,704 529,704 500,000 -
Concrete Repairs 68,048 17,650 200,000 200,000
Sewer Assessment Fees 15,000 13,219 15,000 15,000
Town of Yucca Valley
FY 2026-28 Adopted Budget
Special Revenue Funds
2025-26
Item: 11.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: July 14, 2026
Meeting Date: July 21, 2026
Subject:
Cooperative Agreement with San Bernardino County to Conduct Preventative Maintenance and Rehabilitation on Various Roads in the Yucca Valley Area.
Recommendation:
That the Town Council approves the Aberdeen Drive and Other Roads Agreement with San Bernardino County for pavement preventative maintenance and rehabilitation of roadway surfaces on various road projects in the Yucca Valley area in the amount not to exceed $48,000.00 and $5,000.00 contingency.
Prior Review:
There has been no prior review of this item.
Discussion:
San Bernardino County (County) has a road maintenance project in several locations just outside the Town of Yucca Valley's limits. The County desires to cooperate with the Town of Yucca Valley (Town) and jointly participate financially in the road maintenance project to apply a chip seal and/or overlay on the pavement of shared jurisdictional roads adjacent to the County's areas of work. The list of proposed roads is referenced in the Agreement's Exhibit A.
The roads with the Town's participation are highlighted in yellow. The attached location map shows the County's project work areas. The Town's participation areas are indicated by the red stars.
The Project consists of pavement maintenance and rehabilitation work, including but not limited to, survey, California Environmental Quality Act compliance, patching, preparation work, crack seal, leveling course, chip seal, fog seal, construction, inspections, material testing, and County overhead. Two Town streets are included, Aberdeen Drive and Avalon Avenue, as identified in the aforementioned Exhibit A and location map.
It is anticipated that the County's share of project costs will be funded by County Senate Bill 1 Road Maintenance and Road Rehabilitation Account funds and the Town's share of project costs will be financed through its local funds. The total project cost is estimated to be $3,217,000.00, with the County's share of project cost estimated to be $3,169,000.00 and the Town's share of project cost estimated to be $48,000.00 as referenced in Exhibit B. Town staff is recommending an additional $5,000.00 as a contingency.
Alternatives
No alternatives are recommended. The recommended action is necessary for the project to move forward.
Fiscal Impact:
The FY2026-2028 Adopted Budget allocates $250,000.00 annually from the Measure Y Fund 801 for annual street maintenance costs. The $48,000.00 for the Town's share of project costs will be accommodated in this budget allocation.
Attachments
1. CON-PW-Trans Coop Agr with Town of Yucca Valley Aberdeen and Other Roads and Exhibits A & B
2. Location Map for SBC Road Maintenance & Repair Project
3. Funding Source-Measure Y Fund 801 Adopted Budget 7.21.26
Standard Contract Page 1 of 9
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Public Works
Department Contract Representative Jeremy Johnson, P.E., Engineering Manager
Telephone Number (909) 387-8165
Project Aberdeen Drive and Other Roads
Contractor Town of Yucca Valley
Contractor Representative Curtis Yakimow – Town Manager Telephone Number (760) 369-7207
Contract Term [Date] through December 31, 2028
Original Contract Amount $48,000
Amendment Amount $0
Total Contract Amount $48,000
Cost Center 6650002000 H15330
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, San Bernardino County (COUNTY) desires to conduct pavement preventative maintenance and rehabilitation on roadway surfaces on various roads in the Yucca Valley area.
WHEREAS, the COUNTY and the Town of Yucca Valley (TOWN) (COUNTY and TOWN are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to cooperate and jointly participate in a project to apply a chip seal and/or overlay on the existing pavements of shared jurisdiction roads in the TOWN, see Exhibit “A” for the list of proposed roads, which is attached hereto and incorporated herein by this reference, (hereinafter referred to as “PROJECT”); and WHEREAS, the PROJECT consists of pavement maintenance and rehabilitation work including but not limited to, survey, California Environmental Quality Act compliance, patching, preparation work, crack seal, leveling course, chip seal, fog seal, construction, inspection, material testing, and COUNTY overhead.
WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize TOWN to contract with COUNTY for the maintenance, construction, or repair of TOWN streets and roads, if the legislative body of TOWN determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads; and,
Contract Number
SAP Number
Revised 5/12/21 Page 2 of 9
WHEREAS, the legislative body of TOWN determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and, WHEREAS, it is anticipated that COUNTY’s share of PROJECT costs will be funded by COUNTY’s Senate Bill 1 Road Maintenance and Road Rehabilitation Account funds; and the TOWN’s share of PROJECT costs will be financed through its local funds; and
WHEREAS, the total PROJECT cost is estimated to be $3,217,000; and, WHEREAS, COUNTY share of PROJECT cost is estimated to be $3,169,000, and the TOWN’s share of PROJECT cost is estimated to be $48,000, as more particularly set forth in Exhibit “B”, which is attached hereto and incorporated herein by this reference; and,
WHEREAS, the above-described costs are proportioned based on the work to be performed in each Party’s jurisdiction; and
WHEREAS, COUNTY and TOWN desire to set forth the responsibilities and obligations of each as they pertain to such participation, performance, and funding of the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 COUNTY AGREES TO:
1.1 Act as the Lead Agency for the PROJECT, which will be performed by the County’s Department Public Works Road Operations labor force, in the design, survey, California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seq.), construction, construction engineering, and inspection. Right-of-way activities are not anticipated for the PROJECTS and therefore are not included in this agreement.
1.2 Obtain a no-cost permit from the TOWN for work performed within the TOWN’s right-of-way.
1.3 Provide adequate inspection of all items of work performed.
1.4 Pay its share of actual PROJECT costs. The actual PROJECT costs shall include, but is not limited to, the cost of PROJECT construction, supervision, inspection, material testing, CEQA compliance, and COUNTY overhead costs. COUNTY’s share of PROJECT costs is estimated to be $3,169,000.
1.5 Upon PROJECT completion, submit to the TOWN an invoice for actual PROJECT costs incurred in the TOWN jurisdiction.
2.0 TOWN AGREES TO:
2.1 Provide a qualified representative who shall have the authority to discuss and attempt to resolve issues concerning the PROJECT with the County.
2.2 Provide a no-cost permit to the COUNTY for its work in the TOWN’s right-of-way.
2.3 Within thirty (30) days after receipt of the invoice from the COUNTY pursuant to paragraphs 1.4 and 1.5 above, pay to the COUNTY the invoiced amount, currently estimated to be $48,000.
3.0 IT IS MUTUALLY AGREED:
3.1 Except for activities that are impossible to perform during COUNTY’s performance of PROJECT work, before, during and after TOWN’s and COUNTY’s acceptance of completed PROJECT, the COUNTY shall be responsible for performing any and all work (including, but not limited to, maintenance) for the COUNTY maintained highways in the PROJECT limits that are within the COUNTY unincorporated area and for performing any and all work (including, but not limited to, maintenance) for TOWN streets in the PROJECT limits that are in the TOWN incorporated area.
3.2 COUNTY agrees to indemnify, defend and hold harmless the TOWN and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from COUNTY’s negligent acts or omissions which arise from COUNTY’s performance of its obligations under this Agreement.