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2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, Town agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Four Thousand Dollars ($104,000) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Consultant's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of Town or as part of any audit of the Town, for a period of three (3) years after final payment under the Agreement.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the Town. Coordination of the performance of the work with Town is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to Town an original invoice for all work performed and expenses incurred during the preceding month in a form approved by Town’s Finance Manager. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice Town for any duplicate services performed by more than one person.
Town may independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement.
Except as to any charges for work performed or expenses incurred by Consultant which are disputed by Town, or as provided in Section 7.3. Town will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to Town warrant run procedures, the Town cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by Town, the original invoice shall be returned by Town to Consultant for correction and resubmission. Review and
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 5 payment by the Town of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics or pandemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the Town, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordance with the procedures set forth in Section 1.8. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the Town for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 6 ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Garry Sage President & CEO
(Name) (Title)
Roshan Patel Director of Account Management
(Name) (Title)
Jenna Conrad Junior Account Manager
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for Town to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.
For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of Town. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement.
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify Town of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. In the event that Town, in its sole discretion, at any time during the term of this Agreement, desire to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon reassign notice from Town of such desire of Town, reassign such person or persons.
4.2 Status of Consultant.
Consultant shall have no authority to bind Town in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against Town, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Town. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of Town. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to Town’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
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4.3 Contract Officer.
The Contract Officer shall be such person as may be designated by the Town Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by Town to the Contract Officer. Unless otherwise specified herein, any approval of Town required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the Town Manager, to sign all documents on behalf of the Town required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of Town. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Town. Consultant shall have no authority to bind Town in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against Town, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by Town.
(b) Consultant shall perform all Services as an independent contractor of Town and shall remain at all times as to Town a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control.
Any terms within this Agreement regarding Town directives apply to an concern the result of Consultant’s provision of service and not the means, methods, or scheduling of the Consultant’s work. Neither Town, nor any elected or appointed boards, officers, officials, employees or agents of Town, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of Town.
(c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to Town’s employees. Consultant expressly waives any claim Consultant may have to any such benefits, privileges or rights.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the Town to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the Town. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of Town. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 8 bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of Town.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the Town that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the Town and the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the Town to terminate this Agreement for cause.
Minimum requirements. Consultant shall, at its sole cost and expense, procure and maintain for at least the duration of the Agreement, including any extension thereof, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require of the subconsultants to procure and maintain the same insurance for the duration of the Agreement including any extension thereof. Such insurance shall meet at least the following minimum levels of coverage:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent).
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (b) Workers Compensation Insurance. A policy of workers compensation insurance in such amount as will fully comply with the Labor Code of the State of California and Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. (c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. The Town shall be named additional insured.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 9 (e) Consultant shall provide to the Town an endorsement that the workers’ compensation insurer waives all rights of subrogation against the Town and its officials, officers, employees and volunteers.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(g) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. (h) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Town requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Town.
5.2 General Insurance Requirements.
The Town, its officers, officials, employees, and volunteers shall be named additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Town, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
If the deductible or self-insured retention exceeds $10,000.00, it must be approved in advance by the Town. Consultant is responsible for any deductible or self-insured retention and shall fund it upon the Town’s written request, regardless of whether Consultant has a claim against the insurance or is named as a party in any action. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.
The policy shall cover inter-insured suits and include a “separation of insureds” or “severability” clause which treats each insured separately.
No work or services under this Agreement shall commence until the Consultant has provided the Town with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the Town. Town reserves the right to inspect complete, certified copies of all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to Town.
The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 10 better, unless such requirements are waived by the Town’s Risk Manager or other designee of the Town due to unique circumstances.
All Coverages. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.
The coverage shall contain no special limitations on the scope of protection afforded to Town, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer.
The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to Town.
5.3 Indemnification.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless Town and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless Town, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 11 part, the performance of this Agreement by Consultant, or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-contractors of Consultant. (c) Indemnification from Sub-Consultants. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subConsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of Town to monitor compliance with these requirements imposes no additional obligations on Town and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Town as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
(d) Town’s Negligence. The provisions of this section do not apply to claims occurring as a result of Town’s sole negligence. The provisions of this section shall not release Town from liability arising from gross negligence or willful acts or omissions of Town or any and all of its officials, employees and agents.
5.4 Sufficiency of Insurer or Surety.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the Town (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the Town, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to Town and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of Town, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the Town shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to Town, and access shall be provided by Consultant’s successor in interest.
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6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require.
Consultant hereby acknowledges that the Town is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant (collectively, “Documents”) under this Agreement are Town’s property. Consultant may retain copies of such Documents as desired but will deliver all original materials to Town upon Town’s written notice. Town agrees that use of Consultant’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at Town’s own risk. Consultant warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Consultant understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to Town and representing it as Consultant’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, Town specifically rejects ownership of such Documents. Consultant is required to indemnify and defend Town to the fullest extent allowed by applicable law should it violate this Section.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of Town and shall be delivered to Town upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Town of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the Town’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to Town of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify Town for all damages resulting therefrom.
All Final Work Product developed by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of Town and may be used, reused or otherwise disposed of by Town without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to Town all such Final Work Product if paid for by the Town. This
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 13 provision specifically excludes Consultants’ work notes and drafts, which are owned by Consultant, not Town.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than Town without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the Town Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Town notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then Town shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify Town should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.
Town retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Town and to provide Town with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by Town to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in San Bernardino County.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the Town shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the Town may give notice to Consultant of the default and the reasons for the default.
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 14 The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant.
During the period of time that Consultant is in default, the Town shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the Town may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the Town may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the Town to give notice of the Consultant’s default shall not be deemed to result in a waiver of the Town’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes Town to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate Town for any losses, costs, liabilities, or damages suffered by Town, and (ii) all amounts for which Town may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, Town may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of Town to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect Town as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by Town of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et. seq., in order to pursue a legal action under this Agreement.
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7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The Town reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the Town need not provide the Consultant with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, Town may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the Town shall use reasonable efforts to mitigate such damages), and Town may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the Town as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. TOWN OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of Town Officers and Employees.
No officer or employee of the Town shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the Town or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of Town or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 16 the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of Town in the performance of this Agreement.
No officer or employee of the Town shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, age, color, creed, religion, sex, gender, religion, marital status, national origin, gender identity, veteran status, disability, medical condition, pregnancy, childbirth and related medical conditions, military service, genetic information or testing, sexual orientation, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the any liability or sanctions be imposed against Town for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse Town for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by Town.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the Town, to the Town Manager and to the attention of the Contract Officer, TOWN OF YUCCA VALLEY, 57090 Twentynine Palms Highway, Yucca Valley, California 92284 and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
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9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the Town. The Contract Officer shall have the authority to approve any amendment to this Agreement that includes additional work, time to perform, or an increase in the Contract Sum in accordance with Section 1.8 of this Agreement. The Town’s Contract Officer may, but is not required to, make additional minor amendments not affecting substantive terms without further authorization from the Town Council. The Town Council hereby authorizes the Contract Officer to execute any such amendments as required by this Agreement or that do not otherwise reduce Town’s rights under this Agreement. All other amendments shall be approved by the Town Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Authority to Execute.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
TOWN OF YUCCA VALLEY:
[Curtis Yakimow, Town Manager
ATTEST:
Lesley Copeland, Town Clerk
APPROVED AS TO FORM:
BURKE, WILLIAMS, & SORENSON, LLP
Thomas Jex, Town Attorney
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
Address:
Two signatures are required if a corporation.
NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS
SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER
RULES OR REGULATIONS APPLICABLE TO
CONTRACTOR’S BUSINESS ENTITY.
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 19
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20___ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e | 20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On __________, 20___ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
EXHIBIT “A”
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e |A-1 SCOPE OF SERVICES (Attached)
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e |B-1
RIV #4846-1017-2118 v1 // 2021 (August 2023) P a g e |E-1
JNS Next Agency Contract
Town of Yucca Valley
August 17, 2026 - June 30, 2027
August 17, 2026
We are excited to continue this journey together as JNS Next and the Town of Yucca Valley move into Phase 2 of our partnership. Building on the research, insights, and strategic foundation established during Phase 1, we are ready to bring that work to life and showcase the energy, experiences, and opportunities Yucca Valley has to offer.
At JNS Next, our goal is to continue serving as an extension of the Town of Yucca Valley team, developing thoughtful marketing strategies that strengthen the brand, reach the right audiences, and inspire visitors to explore and experience Yucca Valley.
This contract outlines the scope of services, responsibilities, and expectations for Phase 2, including ongoing strategy, media, creative support, and storytelling. We look forward to continuing the momentum we’ve built together and putting the foundation from Phase 1 into action.
With Gratitude,
Scope of work: August 17, 2026 - June 30, 2027
SERVICE/TASK DESCRIPTION
TOTAL COST OR
RECOMMENDATION
Account
Management
& Client Services
Provide ongoing account management to ensure
effective communication, project coordination, timeline management, budget oversight, and collaboration
between the Town of Yucca Valley, agency team, and
project partners.
Services include regular status meetings, project
administration, and strategic guidance to support
successful implementation of ALL approved initiatives.
$2,000/month
Media Strategy
Development
Conduct a one-time strategic assessment of the
Town's tourism marketing opportunities to establish a
comprehensive media foundation.
Services include audience and persona development,
market analysis, media channel recommendations, media
budget allocation guidance, messaging framework, and a
phased media roadmap to guide future campaign
planning and investment.
$15,000
Media
Execute, monitor, optimize, and report on paid media
campaigns across approved advertising channels to
maximize campaign performance and achieve
agreed-upon marketing objectives.
Media purchasing and management services are billed at
a 15% commission based on the total media investment.
$50,000
Content Production
Develop strategic destination storytelling through creative direction, design, and professional photography and/or
videography.
Following project discovery, JNS Next will evaluate the Town's marketing objectives, existing asset library,
intended marketing applications, and production needs to recommend an appropriate scope of work.
Production deliverables, timeline, and associated costs will be quoted separately upon approval of the
recommended approach.
TBD
Contingency TBD $15,000
MARKETING & ADVERTISING SERVICES AGREEMENT
This agreement dated August 17, 2026 (Effective Date) is by and between the Town of Yucca Valley (Advertiser) and JNS Media Specialists, Inc dba JNS Next (Agency), a California Corporation.
You have retained JNS Next and we hereby agree to serve as your Marketing & Advertising agency in accordance with and subject to the following terms and conditions:
1. Assignment
Our assignment shall relate to the following service(s) or product(s):
● Account Management
● Brand Strategy and Positioning
● Creative Development
● Digital Marketing
● Media Planning and Buying
During the term of this agreement, we shall be the sole company charged with the responsibility of preparing and placing advertising with respect to such product(s) or service(s). You may assign additional products or services to us from time to time, subject to our ability to handle same. If additional products or services are assigned to us and we agree to handle same, our additional compensation must be agreed upon in writing. All other terms and conditions hereof shall apply in the same manner as with respect to the originally assigned product(s) or service(s), unless otherwise mutually agreed to in writing.
We are authorized to act as your agent in purchasing materials and services required to produce advertising and marketing on your behalf.
2. Nature of Services
A detailed Scope of Work (SOW) has provided and abbreviated above this agreement. The following is a general outline of services provided for you in connection with the planning, preparing and execution of your SOW:
(a) Study your products or services;
(b) Analyze your present and potential markets;
(c) Create, prepare and submit to you, for approval, advertising and marketing ideas and programs;
(d) Employ on your behalf our knowledge of available media and means that possible; (e) Employ on your behalf our knowledge of available media and means that can be profitably used to market your product(s) or service(s); (f) Prepare and submit to you, for approval, estimates of costs of these recommended marketing programs;
(g) Write, design, illustrate, produce or otherwise prepare your marketing and messages; (h) Order the space, time, or other means to be used for your marketing; (i) Properly incorporate the message in mechanical or other form, and forward it with proper
instructions to the vendor/publisher for the fulfillment of the order; (j) Check and verify insertions, displays, broadcasts or other means used, to such degree as is usually performed by marketing agencies; and
(k) Audit invoices for delivery of intended space, time or placements.
3. Compensation
The basis of our compensation shall be as follows:
(a) Agency shall receive a commission of 15% of all gross media for time and space used by Advertiser.
(b) Advertiser shall refer to the SOW.
4. Billing and Payment Procedures
(a) Agency shall bill Advertiser on a monthly basis, or on a more frequent basis upon agreement between Agency and Advertiser.
(b) Agency’s bills shall indicate the amount of media commissions involved and any adjustments required by this Agreement.
(c) Advertiser shall be entitled to proof of payment by Agency for all media and outside vendor invoices paid on behalf of Advertiser.
(d) Rate or billing adjustments shall be credited or charged to you on the first billing date after we have been invoiced or as soon thereafter as otherwise practical.
5. Payment
Advertiser shall pay bills rendered by Agency no later than the due dates therein, which will be thirty (30) days after the date of invoice. Delinquencies of thirty (30) days or more will be subject to late charges which will accrue daily at a rate equal to the lower of (i) of ten percent (10%) per year or (ii) the highest rate otherwise permitted by applicable law.
6. Commitments to Third Parties
(a) All purchase of space and facilities and all engagement of talent with respect to the marketing of your business shall be subject to your prior approval. (b) If you should direct us to cancel or terminate any previously authorized purchase or project, we shall promptly take all appropriate action, provided that you will hold us harmless with respect to any costs incurred by us as a result thereof. (c) We warrant and represent to you that in purchasing any materials or services for your account, we shall exercise due care in selecting suppliers and make every effort to obtain the best value cost for the desired quality of materials or services. In no event shall we purchase any materials or services from any supplier which is a subsidiary or affiliated company or which is known to us to be owned or controlled by any of the directors or officers of this company, without making full disclosure to you of any such relationship. (d) We warrant and represent that if at any time we shall obtain discounts or rebates from any supplier, whether based on volume or work given to such supplier by us or otherwise, then and in such event, we shall remit to you, within a reasonable time after our receipt of
such discount or rebate, such proportion thereof as the volume of work given by us to such supplier on your behalf bears to the total volume of work given by us to such supplier from all of our clients during the pertinent period to which the discount or rebate is applicable. (e) For all media purchased by us on your behalf, you agree that we shall be held solely liable for payments only to the extent proceeds have cleared from you to us for advertising disseminated in accordance with this agreement. For sums owing but not cleared to us, you agree to be held solely liable.
7. Inspection of Books
We agree that any and all contracts, correspondence, books, accounts and other sources of information relating to your business, upon reasonable prior notice, shall be available for inspection at our office by your authorized representatives during ordinary business hours.
8. Indemnities
(a) We shall indemnify and hold you harmless with respect to any claims or actions against you, based upon material prepared by us and not materials furnished by you, involving any claim for libel, slander, piracy, plagiarism, invasion of privacy or infringement of copyright.
We agree to obtain and maintain in force during the term hereof, at our sole expense, an Advertising Agency Liability Policy having a minimum limit of liability of $1,000,000. If requested by you, we agree to furnish a copy of such policy to you. (b) You will indemnify and hold us harmless with respect to any claims or actions instituted by third parties which result from the use by us of material furnished by you or where material created by us is substantially changed by you. Information or data obtained by us from you to substantiate claims made in advertising shall be deemed to be "materials furnished by you."
(c) In the event of any proceeding against you by any regulatory agency or in the event of any court action or self-regulatory action challenging any advertising prepared by us, we shall assist in the preparation of the defense of such action or proceeding and cooperate with you and your attorneys. You will reimburse us any out-of- pocket costs we may incur in connection with any such action or proceeding, unless same is our responsibility pursuant to (a) above.
(d) You agree to indemnify us and hold us harmless with respect to any death, personal injury or property damage claims or actions arising from the use of your products or services. If you secure Product Liability Insurance with respect to the use of any products assigned to us, you will cause us to be named as a co-insured and maintain such policy at your cost and expense.
9. Term of Agreement
(a) The term of this agreement will commence on August 17, 2026 and will continue in full force and effect until terminated by either party upon written notice of such intention given to the other party not less than ninety (90) days in advance. This agreement is a 12-month contract and implementation of the scope of work will begin August 17, 2026 and run
through June 30, 2027 with a unilateral option to extend the contract each year. Town of Yucca Valley would need to provide an intent to extend contract to JNS Next no less than 30 days before the end of the agreement.
(b) The rights, duties and responsibilities of this agency shall continue in full force during the period of notice, including the ordering and billing of advertising in print media whose published closing dates fall within such period and the ordering and billing of advertising in broadcast media where the air dates fall within such period.
10. Termination
(a) Either party may terminate this Agreement by giving the other party written notice of termination at least ninety (90) days prior to the effective date of termination. Upon receipt of notice of termination, Agency shall not commence work on any new advertisements, but it shall, during this notice period, complete and place all advertisement previously approved by Advertiser. All other rights and duties of the parties shall continue during this notice period and Advertiser shall be responsible to the Agency for the payment of any contract or other obligation incurred with third parties during the period. (b) In the event Advertiser or Agency desires to terminate all work in progress on advertisements commenced before receipt of notice of termination, such termination may be agreed to upon the parties’ mutual consent and determination of the compensation to be received by Agency for partially completed work.
(c) If Advertiser approves any planned advertising and thereafter cancels all or any part thereof, Advertiser shall pay for all costs incurred to the date a written notice of cancellation is delivered to Agency and any unavoidable costs incurred thereafter, including, without limitation, any non-cancelable commitments for production, time or space.
11. Ownership
(a) As between you and us, all advertising materials prepared by us and accepted and paid for by you for use in advertising hereunder shall become your property. It is understood that there may be limitations on the use and ownership of materials by virtue of the rights of third parties. Whenever possible, we shall advise you of the existence of such limitations. (b) At termination of this agreement, you agree that any advertising, merchandising, packaging and similar plans and ideas prepared by us and submitted to you (whether submitted separately or in conjunction with or as part of other material) but not used by you, shall remain our property unless it was either mutually agreed in writing that any such plan or idea became your property, or specific payment of the cost of its development was agreed upon and made by you. You agree to return to us any copy, artwork, plates, or other physical embodiment of the creative work relating to any such ideas or plans, which may be in your possession upon termination.
12. Rights Upon Termination
(a) Upon termination of this contract, we shall transfer, assign and make available to you or your representative, all property and materials in our possession or control belonging to and paid for by you, subject, however, to any rights of third parties of which we have informed you.
(b) We also agree to give all reasonable cooperation toward transferring, with approval of third parties in interest, all contracts and other arrangements with advertising media or others for advertising space, facilities and talent, and other materials yet to be used, and all rights and claims thereto and therein, upon being duly released from the obligation thereof.
You recognize that talent contracts with members of certain labor unions or guilds generally cannot be assigned except to signatories to the collective bargaining agreements governing the services rendered by such talent.
(c) Upon termination, no rights or liabilities shall arise out of this relationship, regardless of any plans which may have been made for future advertising, except that any non cancelable contracts made on your authorization and still existing at termination hereof, which contracts were not or could not be assigned by us to you or someone designated by you, shall be carried to completion by us and paid for by you in the manner described in Paragraph 3 above.
13. Arbitration of Disputes
The sole remedy for the resolution of disputes between the parties to this agreement shall be arbitration before one arbitrator, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, such arbitration to be held in the City of Palm Springs, State of California.
14. Notices
Any notice pursuant to this contract must be given by registered mail or by hand delivery. It will be deemed given on the day of mailing or, in case of hand delivery on the day of delivery.
15. Governing Law
This agreement shall be interpreted in accordance with the laws of the State of California pertaining to contracts made and performed entirely therein.
If the above accords with your understanding and agreement, kindly indicate your consent hereto by signing in the place provided below.
Very truly yours,
JNS Next
By: Garry Sage Title: President/CEO
Signature: Date: August 17, 2026
Accepted and Agreed: [Client]
By: _________________________ Title: _______________________ Signature ____________________ Date: _______________________
Item: 21.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Evan Willoughby, Associate Planner, Jared Jerome, Senior Planner, Shane Stueckle, Deputy Town Manager
Date: October 7, 2026
Meeting Date: October 20, 2026
Subject: Environmental Assessment (EA) 03-26, Development Code Amendment (DCA) 02-26, Ordinance No. 26-XX, Permit Timelines and Extensions for Site Plan and Design Review (SPR) and Conditional Use Permits (CUP), Establishing that the Planning Commission may grant a maximum of two (2) time extensions not to exceed two (2) years per extension for Conditional Use Permit (CUP) and Site Plan and Design Review (SPR) Applications Recommendation:
Environmental Assessment (EA) 03-26
Find the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) which states that if an activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA;
Development Code Amendment (DCA) 02-26, Ordinance No. 26-XX Adopt and introduce the Ordinance, amending Chapter 9.63 Conditional Use Permit, Section
9.63.110 Extension of Time, and Chapter 9.68 Site Plan and Design Review, Section 9.68.110 Extension of Time of Title 9 (Development Code) of the Town of Yucca Valley Municipal Code, establishing that the Planning Commission may grant a maximum of two (2) time extensions not to exceed two (2) years per extension for Conditional Use Permit (CUP) and Site Plan and Design Review (SPR) applications, for a total approval time period of seven (7) years.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, AMENDING CHAPTER 9.63 CONDITIONAL USE PERMIT, SECTION 9.63.110 EXTENSION OF TIME, AND CHAPTER 9.68 SITE PLAN AND DESIGN REVIEW, SECTION 9.68.110 EXTENSION OF TIME OF TITLE 9 (DEVELOPMENT CODE) OF THE TOWN OF YUCCA VALLEY MUNICIPAL CODE, ESTABLISHING THAT THE PLANNING COMMISSION MAY GRANT A MAXIMUM OF TWO (2) TIME EXTENSIONS NOT TO EXCEED TWO (2) YEARS PER EXTENSION FOR CONDITIONAL USE PERMIT (CUP) AND SITE PLAN AND DESIGN REVIEW (SPR) APPLICATIONS.
Prior Review:
The Planning Commission discussed this subject at their meetings on April 28, 2020, July 28, 2020, and June 9, 2026. At the July 28, 2020, meeting, the Planning Commission unanimously voted 4-0 to forward a recommendation to the Town Council for direction on preparation of Development Code Amendments for Conditional Use Permit (CUP) and Site Plan Review (SPR) approval timelines and extension limits. At the June 9, 2026, meeting, the Planning Commission unanimously voted 5-0 to schedule the Planning Commission Public Hearing for July 14, 2026, to consider the proposed Development Code Amendment.
The Town Council, at their meeting on April 6, 2021, unanimously voted 5-0 to direct the Planning Commission and staff to initiate a Development Code Amendment establishing maximum approval time periods for Conditional Use Permits and Site Plan Reviews and to forward a recommendation to the Town Council for consideration.
The Planning Commission held a Public Hearing at their meeting on July 14, 2026, and unanimously voted (4-0) to find the project exempt from CEQA and recommend that the Town Council adopt the Ordinance.
Discussion:
Under the Town of Yucca Valley Development Code, Site Plan and Design Review (SPR) and Conditional Use Permits (CUP) are granted an initial three (3) year approval. Extensions of time may be granted by the Planning Commission, each for a term not exceeding three (3) years. The proposed Development Code Amendment seeks to establish a maximum of two (2) time extensions that may be granted for an SPR or CUP and establish a maximum of two (2) years for each extension, for a total approval time period of seven (7) years.
The proposed language as recommended by the Planning Commission, unanimously voted (4- 0), at their Public Hearing held on July 14, 2026, is as follows:
Chapter 9.63 Conditional Use Permit
9.63.110: Extension of Time:
The commission may grant a maximum of two (2) time extensions not to exceed two (2) years per extension, provided that the project is consistent with the general plan, development code, master plans, specific plans, other town ordinances, and that the findings for approval of a conditional use permit in compliance with section 9.63.080, "Required Findings", of this chapter, can be made. Based upon this review, additional conditions of approval may be imposed upon the project by the review authority when the extension of time is approved.
Applications shall be made on a form to be provided by the planning division.
Chapter 9.68 Site Plan and Design Review
9.68.110: Extension of Time:
The commission may grant a maximum of two (2) time extensions not to exceed two (2) years per extension, provided that the project is consistent with the general plan, development code, master plans, specific plans, other town ordinances, and that the findings for approval of a site
plan and design review in compliance with section 9.68.080, "Required Findings", of this chapter, can be made. Based upon this review, additional conditions of approval may be imposed upon the project by the review authority when the extension of time is approved.
Applications shall be made on a form to be provided by the planning division.
Alternatives
None.
Fiscal Impact:
NA.
Attachments
1. Draft Ordinance - DCA 02-26 - Permit Timelines - TC
2. NOH - TC 10 20 2026 (003) - Hi-Desert Star Published Date 10 7 2026
3. NOH DCA 02-26 Permit Timelines - PC 7-14-2026 - Hi-Desert Star Published July 1, 2026 - Copy of NOH
4. 4 28 2020 PC Minutes
5. 7 28 2020 PC Minutes
6. 4 6 2021 TC Minutes
7. 7 14 2026 PC Minutes
ORDINANCE NO. XX-XX
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, AMENDING CHAPTER 9.63 CONDITIONAL USE PERMIT, SECTION
9.63.110 EXTENSION OF TIME, AND CHAPTER 9.68 SITE PLAN AND DESIGN REVIEW, SECTION 9.68.110 EXTENSION OF TIME OF TITLE 9 (DEVELOPMENT
CODE) OF THE TOWN OF YUCCA VALLEY MUNICIPAL CODE, ESTABLISHING THAT THE PLANNING COMMISSION MAY GRANT A MAXIMUM OF TWO (2) TIME EXTENSIONS NOT TO EXCEED TWO (2) YEARS PER EXTENSION FOR
CONDITIONAL USE PERMIT (CUP) AND SITE PLAN AND DESIGN REVIEW (SPR) APPLICATIONS.
WHEREAS, the Planning Commission identified several projects that have been granted for extensions covering more than ten years since the original approvals, and the projects were not moving forward towards construction; and WHEREAS, the Planning Commission, at their July 28, 2020, meeting, unanimously voted 4-0 to forward a recommendation to the Town Council for direction on preparation of Development Code Amendments for Conditional Use Permit (CUP) and Site Plan Review (SPR) approval timelines and extension limit at their meeting of July 28, 2020; and WHEREAS, the Town Council, at their April 6, 2021, meeting, unanimously voted 5-0 to direct the Planning Commission and staff to initiate a Development Code Amendment establishing maximum approval time periods for Conditional Use Permits and Site Plan Reviews and to forward a recommendation to the Town Council for consideration; and WHEREAS, the Planning Commission, at their June 9, 2026, meeting, unanimously voted 5-0 to schedule the Planning Commission Public Hearing for July 14, 2026, to consider the proposed Development Code Amendment; and
WHEREAS, the Planning Commission, at their July 14, 2026, meeting, unanimously voted (4-0) to find the project exempt from CEQA and recommend that the Town Council adopt the Ordinance; and
WHEREAS, required public hearings were held before the Town of Yucca Valley Planning Commission and Town Council of the Town of Yucca Valley, California pursuant to the Planning and Zoning Law of the State of California and the Yucca Valley Development Code.
The Town Council of the Town of Yucca Valley, California, does ordain as follows:
SECTION 1: The Town of Yucca Valley adopts the Ordinance, amending Chapter 9.63 Conditional Use Permit, Section 9.63.110 Extension of Time, and Chapter 9.68 Site Plan and
2 Design Review, Section 9.68.110 Extension of Time of Title 9 (Development Code) of the Town of Yucca Valley Municipal Code, as follows:
9.63.110: EXTENSION OF TIME:
The Planning Commission may grant a maximum of two (2) time extensions not to exceed two (2) years per extension, provided that the project is consistent with the general plan, development code, master plans, specific plans, other town ordinances, and that the findings for approval of a conditional use permit in compliance with section 9.63.080, "Required Findings", of this chapter, can be made. Based upon this review, additional conditions of approval may be imposed upon the project by the review authority when the extension of time is approved.
Applications shall be made on a form provided by the planning division.
9.68.110: EXTENSION OF TIME:
The Planning Commission may grant a maximum of two (2) time extensions not to exceed two (2) years per extension, provided that the project is consistent with the general plan, development code, master plans, specific plans, other town ordinances, and that the findings for approval of a conditional use permit in compliance with section 9.68.080, "Required Findings", of this chapter, can be made. Based upon this review, additional conditions of approval may be imposed upon the project by the review authority when the extension of time is approved.
Applications shall be made on a form provided by the planning division.
SECTION 2: CEQA. The project was reviewed under the California Environmental Quality Act (CEQA). The project is exempt from CEQA under Section 15061(b)(3) since there is no possibility of a significant impact on the environment caused by this amendment.
SECTION 3: NOTICE OF ADOPTION. Within fifteen (15) days after the adoption hereof, the Town Clerk shall certify to the adoption of this Ordinance and cause it to be published once in a newspaper of general circulation printed and published in the County and circulated in the Town pursuant to Section 36933 of the Government Code.
SECTION 4: EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from and after the date of its adoption.
APPROVED AND ADOPTED by the Town Council and signed by the Mayor and attested by the Town Clerk this day of October, 2026.
SECTION 5: PUBLICATION
The Town Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the Town in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c).
3 SECTION 6. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the Town Council held on the day of October, 2026, by the following vote:
Ayes:
Noes:
Absents:
Abstains:
______________________________
Merl Abel, Mayor
ATTEST:
____________________________
Brooke Dudra, Town Clerk
Town Attorney Town Manager
YUCCA VALLEY PLANNING COMMISSION MINUTES April 28, 2020 Associate Planner Jerome: Okay. And then update on short- term vacation rentals, they' re actually still kind of trickling in. We have, here it says, 193 applications since the start of the program. I still get calls every day about potential short-term rentals.
Obviously not in operation right now. Let' s see. Single- family residential permitting. 43 single- family permits have been issued since July of 2019, and 28 in Plan Check that have not been issued. Shoe City, that' s the northwest corner of Highway 62 and 247.
You' ve probably seen that they' re moving forward on that. I' ve seen a bunch of construction happening in the past couple of weeks.
Deputy Town Manager Stueckle: We have also had some inquiries for potential healthtype facility to be located in the former JC Penney' s tenant space at the old Walmart site. So that' s very positive to hopefully get some uses back inside that commercial center. I think that concludes our overview of the projects that are currently in the system. And we' d be happy to answer any questions following public comment.
Chair Brad: Okay. Thank you. One question. The health UC mentioned at JC Penny, is that more like urgent care center or what kind of health use? Deputy Town Manager Stueckle: That is more of a health club exercise, like a 24- hour fitness or those types of operations.
Chair Napientek opened Public Comment. With no members of the public wishing to speak, Chair Napientek closed Public Comment.
MOTION:
That the Planning Commission receives and files the report. ( Presented at the meeting).
RESULT: RECEIVED AND FILED [ UNANIMOUS]
MOVER: Brad Napientek, Chair
SECONDER: Margie Trandem, Vice Chair
AYES: Napientek, Stoker, Trandem, Henderson, Thomas
Conditional Use Permit Timeline Comparison
Associate Planner Jerome: This is another recommendation to receive and file. At the February 11th planning commission meeting, there was a comment from a commissioner to review neighboring jurisdictions in San Bernardino to see how their Conditional Use Permit timelines are structured and, specifically, how their extension process works, and if there' s a limit on extensions. So in table one, you will see a list of-- I think there' s 21 municipalities in San Bernardino County in alphabetical order there.
That' s in the first column. The second column is the initial time limit from approval to start of construction was the typical criteria. The extension time limit which is, when you file for extension, how long that first extension is. And then the next column is how many times that extension can be renewed, and the code section just for verification purposes. You' ll see that, for the initial time limit, one to two years looks like it' s the 7 1 II
YUCCA VALLEY PLANNING COMMISSION MINUTES April 28, 2020 most common, with some three- year permissions sprinkled in there. Most do have some sort of extension limit kind of varied quite a bit, but, from one extension to, I think, three extensions. Colton has four. So between one and four extensions. Some code was unclear. I tried checking with the planning departments of each of these places, in which you' ll see some of them, like Loma Linda, was at the discretion of Planning Commission about extensions. But most are one extension, it looks like. So we did not include any recommendations this evening in terms of potential changes and recommending that up to the council to give direction.
Deputy Town Manager Stueckle: We just wanted to get some information back to the Commission, give you an opportunity to kind of start absorbing this background data.
We anticipate bringing this back to you either in May or June with a formal recommendation and any further analysis that we will have completed by that time. So the recommendation this evening is to receive and file. And be happy to answer any questions following public comment.
Commissioner Stoker: On the Adelanto extension limit, it looks like they only allow for five years total of extensions, right? Is that where I read it? Associate Planner Jerome: Their process is kind of confusing. So you could do two twoyear extensions followed by one one- year extension or a five- year total.
Chair Napientek opened Public Comment. With no members of the public wishing to speak, Chair Napientek closed Public Comment.
MOTION:
That the Planning Commission receives and files the Conditional Use Permit Timeline staff report.
RESULT: RECEIVED AND FILED [ UNANIMOUS]
MOVER: James Henderson, Commissioner
SECONDER: Mathew Thomas, Vice Chair
AYES: Napientek, Stoker, Trandem, Henderson, Thomas
FUTURE AGENDA ITEMS
Deputy Town Manager Stueckle: we are scheduled-- the next Planning Commission meeting is scheduled for May 12th. That will include the continued public hearing for the variance, as well as a public hearing for what we will call SB, or Senate Bill, 743. It' s a change is in state law in how traffic studies are prepared for SECRA analysis in the State of California. So we' ll have those two public hearings and we may have additional information, items, on the agenda that evening. Hopefully - we' ll keep our fingers crossed - maybe by then, we' ll also have some positive news coming out of Sacramento on the stay-at- home order and all of those other issues that we' re dealing with today.
But those are the two items that are currently scheduled. 8 1 II
YUCCA VALLEY PLANNING COMMISSION MINUTES July 28, 2020
DEPARTMENT REPORTS
1. Planning Commission Request, Conditional Use Permit/ Site Plan Review, Time Extension( s) Limit, Request for Direction from the Town Council Associate Planner Jerome: Good evening, commissioners. As you might recall this was last reviewed April 28th, 2020. We discussed limiting the extensions of conditional use permit and site plan review approvals. I believe right now they' re basically infinite. So at the April meeting, we had presented a handful of neighboring jurisdictions code for how to deal with conditional use permits and similar type of permits. If you recall, the majority of them were two to three extensions and two to three years per extension. So we basically put this into a spreadsheet and came up with an average for both the number of years a permit can be extended and also how many extensions would be granted and the mean average per both of those was two. So each extension could be two years and then with a limit of two extensions, so that would add a total of four years onto the initial approval. You can see the text for the changes for sections 9. 63 and 9. 68 on page 100, back of page 100, which basically does exactly what I said. It adds in a maximum of two time extensions not to exceed two years per extension.
That concludes the staff report for this item. Our recommendation is for the Planning Commission to forward the recommended policy framework for consideration of amendments to the adopted permit processing timelines for Conditional Use Permits and Site Plan Reviews to the Town Council.
Chair Napientek opened Public Comment. With no members of the public wishing to speak, Chair Napientek closed Public Comment.
Commissioner Stoker: Just to understand, it' s from the time it gets approved, it would be a total of seven years? Is that just the consensus?
Initial three years and then two year extensions for a total of seven years. And that' s after, because in immediate, it looks like it' s after work is discontinued, so if they already started work and didn' t finish and then it stops work, is that how that works as well?
Deputy Town Manager Stueckle: Typically under case law, once a development project is moving forward and making substantial progress then those approval timelines have been satisfied.
Commissioner Stoker: Okay, so if they start and then they hit the snag, they run into a tortoise, then that timeline is out the window?
Deputy Town Manager Stueckle: Yeah, the seven years in the code would have no bearing on if they ran into a tortoise or some other protected species on the site, completely different processing timeline issue.
2 1 II
YUCCA VALLEY PLANNING COMMISSION MINUTES July 28, 2020
Commissioner Stoker: If there' s another timeline- related issue, after we do the conditional use permit, is there another mechanism to have some sort of special waver? Like if they' re waiting for a grant or if something else is happening where maybe it would be something outside of the norm, is there any other language written in for that?
Deputy Town Manager Stueckle: So the typical process is individual' s gone through, they' ve received their conditional use permit or site plan review from the planning commission. So they' ve satisfied that part of the code. So let' s say they' ve submitted plans in for plan check - they' re going through the plan check process with engineered drawings. And we actually had this occur on the Burrtec project.
The engineer of record passed away. So that individual then has to-- number one, can they find the engineered documents when you' re working with a one- man engineering shop or one person engineering shop? You' ve got to find those documents. Then you' ve got to find somebody new and you' ve got to go through the whole new process of getting those going. So those occurrences come up. We deal with those on a case by case basis. Those things happen in the real world. And just because something says here, this is how long you have for your approvals, if they' re in the process to build, then we have to be willing to work with them.
Commissioner Stoker: So yeah, if it just stalls out and there' s no more contact on a dead file, then this timeline starts?
Deputy Town Manager Stueckle: That' s correct.
Commissioner Thomas: Well, and this Joshua Tree fiasco thing could be an issue with this as well, too, right, about making it endangered?
Deputy Town Manager Stueckle: So anytime you begin dealing with fish both at the federal level Fish and Wildlife Service, the state level Fish and Wildlife Department, then your timeframes can get thrown way off. Yep.
Commissioner Henderson: And Shane, for each extension, is there a fee involved in applying for an extension?
Deputy Town Manager Stueckle: Yes. And I don' t remember what the fee is off the top of my head but it' s a nominal fee of like $750 dollars or something like that. So it' s very, very minor.
MOTION:
That the Planning Commission forward to the Town Council the recommended policy framework for consideration of amendments to the adopted permit processing timelines for Conditional Use Permits and Site Plan Reviews.
3 1 II
YUCCA VALLEY TOWN COUNCIL MINUTES April 6, 2021
4 | P a g e
RESULT: APPROVED [UNANIMOUS]
MOVER: Rick Denison, Council Member
SECONDER: Jim Schooler, Mayor Pro Tem
AYES: Merl Abel, Jim Schooler, Rick Denison, Jeff Drozd EXCUSED: Robert Lombardo
10. Old Town Public Improvements, Concept Plan Preparation, RHA Landscape Architects Planners, Inc., Riverside California
Deputy Town Manager Stueckle presented the staff report.
Mayor Abel opened for public comment. With no members of the public wishing to speak, Mayor Abel closed public comment.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rick Denison, Council Member
SECONDER: Jim Schooler, Mayor Pro Tem
AYES: Merl Abel, Jim Schooler, Rick Denison, Jeff Drozd EXCUSED: Robert Lombardo
11. Planning Commission Recommendation, Conditional Use Permit/Site Plan Review Timelines, Direction to Planning Commission and Staff
Deputy Town Manager Stueckle presented the staff report.
Mayor Abel opened for public comment. With no members of the public wishing to speak, Mayor Abel closed public comment.
Deputy Town Manager Stueckle answered questions from Mayor Abel regarding fees, staff time used on extensions, percentage of CUP’s that have moved forward as final projects and the effectiveness of limitations.
MOTION:
Town Council directs the Planning Commission and staff to initiate a Development Code Amendment for maximum approval time periods for Conditional Use Permits and Site Plan Reviews, and to forward a recommendation to the Town Council for the amendment.
RESULT: APPROVED [UNANIMOUS]
MOVER: Merl Abel, Mayor
SECONDER: Rick Denison, Council Member
AYES: Merl Abel, Jim Schooler, Rick Denison, Jeff Drozd EXCUSED: Robert Lombardo
Motion:
That the Planning Commission approves the minutes for June 23, 2026, as prepared.
Result: Passed ( Yes 4, No 0, Abstained 0)
Mover: Commissioner Clint. Stoker
Seconder: Commissioner James Henderson
Ayes: James Henderson, Gerard Noonan, Clint Stoker, Mathew Thomas
3. Native Plant Permit (NPP) O38- 26 @ 7316 Lucerne Vista Ave Motion:
That the Planning Commission receives and files the attached Desert Native Plant.
Specialist Report and approves the application for NPP 038- 26, to remove one ( 1) California Junipers located within the footprint of the proposed residential patio improvement based upon Section 9. 07. 130( C)( 2), that the regulated desert native plants being removed are (located within the identified area( s); and finding that all necessary submittal materials have been submitted as indicated in the Application Table and as contained within the staff report.
Result: Passed ( Yes 4, No 0, Abstained 0)
Mover: Commissioner Clint. Stoker
Seconder: Commissioner James Henderson
Ayes: James Henderson, Gerard Noonan, Clint Stoker, Mathew Thomas Public Hearings
4. Environmental Assessment ( EA) 03- 26, Development Code Amendment ( DCA) 02- 26: Permit Timelines and Extensions for Site Man and Design Review (SPR) and Conditional Use Permits (CUP), Establishing that the Planning Commission may grant a maximum of two (2) time extensions not to exceed two (2) years per extension for Conditional Use Permit (CUP) and Site Plan and Design Review (SPR) Applications
Chair Thomas stated, Moving to public hearings. Item number four, Environmental Assessment EA 03- 26 Development Code Amendment DCA 02- 26 Permit Timelines and Extensions for Site Plan and Design Review, SPR, and Conditional Use Permit, CUP, establishing that the Planning Commission may grant a maximum of two ( 2) time extensions, not to exceed two ( 2) years per extension for Conditional Use Permit and Site Plan and Design Review Applications. Okay. Staff? Senior Planner Jared Jerome stated, Good evening. The recommendation for this item is that the Planning Commission finds that the project is exempt from CEQ. A pursuant to 15061( b)( 3), which states that if an activity is covered by the general rule that CEQ. A applies only the projects which have the potential for causing a significant.
effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may cause a significant effect on the environment. The project is not subject to CEQA, and recommends to the Town Council to adopt the ordinance amending Chapter 9. 63, section 9. 63. 110, Extension of Time, and Chapter 9. 68, Site Plan and Design Reviews, section 9. 68. 110, Extension of Time of Title IX of the Town of Yucca Valley Municipal Code, establishing that the Planning Commission may grant a maximum of two ( 2) time extensions not to exceed two ( 2) years per extension for CUP and SPR applications for a total approval time period of seven years. So you may remember that this went to the Planning Commission in 2020 and then to the Town Council in 2021. I don' twant to say that. we forgot about it, but it' s substantially similar to us forgetting about it. So in short, the recommendation kind of summarizes the ordinance. Currently, the code basically can give unlimited extensions as (long as it meets the general Plan and Development Code Standards. So this would limit extensions to two ( 2) extensions, and each extension would be for a two (2) year period. So four( 4) years' worth of extensions on top of the initial three (3) year approval period. So, relatively straightforward.
Finally got around to it. Again, the recommendation is that the Planning Commission finds that the project is exempt from CEQA under 15061( b)( 3), and that the Planning Commission recommends to the Town Council to adopt the ordinances right into the record. And we can answer questions following the public hearing.
Chair Thomas stated, Okay. Thank you. At this time, well open for public comment.
Anybody wishing to comment? Anybody online? Anybody in the audience? No? Close public comment. Commissioner Stoker?
Commissioner Stoker stated, I appreciate the language that you brought forth. And I think it' s something we' ve been looking for, for a few years, and it' s good to see it ready to move on to the Town Council, in my opinion.
Chair Thomas stated, Commissioner Vice Chair (Henderson? Vice Chair Henderson stated, I agree with Commissioner Stoker. And, I just think it. gives some additional predictability on projects and encourages active development.
I'm in favor of it.
Chair Thomas stated, Okay. Commissioner Noonan?
Commissioner Noonan stated, I agree with my fellow commissioners.
Chair Thomas stated, Okay. And I am in agreement as well. So let' s get a motion on
this.
Commissioner Stoker stated, I' l l make a motion to approve Environmental
Assessment EA 0326, finding this project is exempt from CEQA, and Development Code Amendment DCA 0226, amending several chapters in our Develllopment Code, and send it to the Town Council.
Commissioner Noonan stated, II° I I second.
Motion:
Environmental Assessment EA 03- 26
That the Planning Commission finds the project is exempt from the California Environmental Quality Act ( CEQA) pursuant to Section 15061( b)( 3) which states that if an activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; Development Code Amendment DCA 02- 26
And recommends to the Town Council to adopt the ordinance, amending Chapter
9. 63 Conditional Use Permit, Section 9. 63. 110 Extension of Time, and Chapter 9. 68 Site Plan and Design Review, Section 9. 68. 110 Extension of Time of Title 9 Development. Code) of the Town of Yucca Valley Municipal Code, establishing that. the Planning Commission may grant a maximum of two ( 2) time extensions not to exceed two ( 2) years per extension for Conditional Use Permit ( CUP) and Site Plan and Design Review ( SPR) applications, for a total approval time period of seven ( 7) years.
Result: Passed ( Yes 4, No 0, Abstained 0)
Mover: Commissioner Clint. Stoker
Seconder: Commissioner Gerard Noonan
Ayes: James Henderson, Gerard Noonan, Clint Stoker, Mathew Thomas Department Reports
5. Development Code Interpretation ( DCI) 03- 26 — Determination of Similar and Compatible Use - Water and Ice Dispensing Station
Chair Thomas stated, Moving to item number five, department reports. Devellopment.
Code Interpretation, DCI 03- 26, Determination of Similar and Compatible use: water and ice dispensing station. Staff?
Associate Planner Evan Willoughby stated, Thank you, Chair and Commissioners. The recommendation for this item is that the Planning Commission reviews Development.
Code Interpretation DCI 03- 26 for Determination of Similar and Compatible Use and
Item: 22.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: October 6, 2026
Meeting Date: October 20, 2026
Subject: YVARC Project Quarterly Update
Recommendation:
Receive and file the Yucca Valley Aquatic and Recreation Center Project quarterly project update.
Prior Review:
Throughout the two-year construction period, the Town Council received multiple project updates regarding the project’s progress, construction activities, schedule, key milestones, and significant project issues. These updates were provided to keep the Town Council informed of the project’s status and to ensure continued transparency throughout construction.
Discussion:
Town staff will provide the Town Council with a quarterly update report on the Yucca Valley Aquatic Recreation Center (YV ARC) project.
The quarterly report will provide an overview of project progress, key developments, current activities, and upcoming milestones. Issued every three months, the report is intended to keep the Town Council, project stakeholders, and community informed of the project’s status, schedule, and significant developments throughout the remaining phases of construction and project completion.
Alternatives
Staff recommends no alternative action.
Fiscal Impact:
No
Attachments
1. Quarterly Update 9
QUARTERLY UPDATE
REPORT #9 SEPTEMBER 2026
Client:
Town of Yucca Valley
57090 Twentynine Palms Highway
Yucca Valley, CA 92284
Phone: (760) 369-7207
Architect:
HMC Architects
3546 Concours St.
Ontario, CA 91764
Phone: (909) 989-9979
Program Manager:
DAHLIN
505 Technology Dr. Suite 200
Irvine, CA 92618
Phone: (949) 250-4680
Construction Manager:
Safework Inc.
180 N. Riverview Dr. Suite 170
Anaheim, CA 92808
Phone: (818) 716-0384
Contractor:
RC Construction Services Inc
700 New York St.
Redlands, CA 92374
Phone: (909) 829-3688
The quarterly report offers an update on the Yucca Valley Aquatics Recreation project, highlighting progress, key milestones, and upcoming steps. It underscores the Project’s advancement toward delivering this much-anticipated community resource.
B
A C
Project Overview
The project aims to deliver a state-of-the-art facility designed with the community in mind. It will feature a large swimming pool, a water slide, a wet-play structure and gymnasium, offering something for everyone. The project is currently in its second phase, which began on September 18, 2025 after the successful completion of the 90-day contract administration phase.
Key Milestones Achieved
From July through September, construction progressed across the site despite delays associated with slope issues at the natatorium pool deck, which may impact the project completion date, potentially extending it to late November or early December.
Site improvements included installation of the west-side sidewalks and pouring of the east-side driveway. The majority of the GFRC panels were installed, and gymnasium equipment, including backboards and scoreboards, was installed. Flooring was completed in Areas A and C. Within the natatorium, pool deck concrete was poured along the east and west sides and a portion of the south side.
Upcoming Activities
Upcoming construction activities include pouring the driveway along the south side of the building, installing the solar panels, completing the GFRC panel installation, and installing the irrigation system and landscape planting. Interior work will focus on completing the installation of all remaining finishes, fixtures, and equipment, including the vinyl murals in the lobby and natatorium, as well as furniture installation. Filling of the pool is also anticipated as the project progresses toward completion.
Community Impact
Over
Excavation
Start
6/17/2024
Mass
Excavation
Block Walls
SOG Pour
Start
PROJECT TIMELINE
Recompaction
SOG Pours at ‘A’ & ‘C’
Block Walls Complete
Steel Roof & Metal Deck at ‘A’, ‘B’, & ‘C’,
MEP Penetrations & Solar Canopy Footings
END:
Q4 2026
Exterior Framing & Sheathing
Complete
Solar Canopy Steel,
Exterior Plaster, Pool Tile
Concrete Paving, GFRC &
Curtain Wall Installation
Concrete Paving,
Landscape & FF&E
With a commitment to excellence, the project team remains dedicated to keeping the Town and its stakeholders well-informed. Transparency is a top priority, ensuring the community remains engaged and informed throughout the project’s development.
Finish Floors
Natatorium Pool Deck
GFRC & Signage Installation
Lobby FF&E and Casework
Curtain Wall Fin Detail
Concrete Paving at Driveway
Progress Payment
• Payment #26 has been processed
• Percent Paid through September: 87%
Contract Amount
• Contract Amount: $39,553,000
• Progress Payments to Date: $32,316,107.28
• Contract Changes in Review: 5
• Approved Contract Changes: 63
• Approved Allowance Changes: 11
RFI’s (Requests for Information)
• Received: 687
• Accepted: 683
• In Review: 4
Submittals
• Received: 337
• Accepted: 326
• Rejected (to be Revised): 4
• In Review: 7
Combined Phase 1 & 2 Duration
• Total Contract Duration: 906 Calendar
Days (Including Delays)
• Remaining Duration: 59 Calendar Days
• Percent of Schedule Elapsed: 93% (Including
Delays)
Baseline Schedule ○ The baseline schedule was updated in April and continues to be closely monitored
through weekly and monthly site progress
reviews. Upcoming activities include pool
plaster, installation of gym wood flooring,
and installation of solar panels.
1. CONTRACT COST STATUS
3. RFI AND SUBMITTAL STATUS
2. CONSTRUCTION SCHEDULE
4. CONSTRUCTION PROGRESS
Items Completed and In-Progress
• Site Sidewalks and driveway paving
• Section C Locker installation
• Section A Floor installation
• Section B Pool Deck pour
Next 90 Days
• Install wall mural vinyls
• Install gym wood flooring
• Plaster pool
• Concrete pour on the South side of building
• Project Completion
The past few months have marked significant milestones in the project, including pool deck concrete placement, flooring installation, and continued installation of finishes, fixtures, and equipment. Building systems are also progressing toward installation, testing, and commissioning. Upcoming milestones include completion of the gymnasium flooring, application of the pool plaster, and filling of the pool.
PROJECT STATUS
Over
Excavation
Start
6/17/2024
Mass
Excavation
Block Walls
SOG Pour
Start
PROJECT TIMELINE
Recompaction
SOG Pours at ‘A’ & ‘C’
Block Walls Complete
Steel Roof & Metal Deck at ‘A’, ‘B’, & ‘C’,
MEP Penetrations & Solar Canopy Footings
END:
Q4 2026
Exterior Framing & Sheathing
Complete
Solar Canopy Steel,
Exterior Plaster, Pool Tile
Concrete Paving, GFRC &
Curtain Wall Installation
Concrete Paving,
Landscape & FF&E
Item: 23.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: October 6, 2026
Meeting Date: October 20, 2026
Subject: Fiscal Year 2025/2026 Public Works Annual Report Recommendation:
That the Town Council receives and files the 2025/2026 Public Works Annual Report Prior Review:
None for this item.
Discussion:
The Public Works Department provides a wide range of essential services that support the Town’s infrastructure, facilities, and community spaces. These services are organized into three primary divisions: Streets, Parks, and Facilities, all supported by the Fleet division. The Town Council recently received a Fleet update, and this presentation does not repeat that information.
Each division plays an important role in maintaining and improving the Town’s infrastructure, ensuring that public facilities and community spaces remain safe, functional, and accessible for residents and visitors.
Public Works staff will provide the Town Council with an annual update highlighting key programs, accomplishments, projects, and activities within each division. The annual update is intended to provide the Town Council and community with a clear overview of the Department’s ongoing efforts, completed projects, and planned initiatives.
Through these efforts, the Public Works Department continues to focus on maintaining the Town’s infrastructure, improving public facilities and amenities, addressing community needs, and supporting the long-term quality, safety, and functionality of Yucca Valley.
Alternatives
None.
Fiscal Impact:
NA
Attachments
None
Item: 24.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Alex Qishta, Public Works Director, Shane Stueckle, Deputy Town Manager Date: September 8, 2026
Meeting Date: October 20, 2026
Subject: ROW Landscape Beautification Project – Town Project No. 9104, Approval of Plans and Specifications, Authorization to Go to Construction Bidding Recommendation:
That the Town Council adopts Resolution 26-XX, approving the specifications for Project No. 9104, and authorize the Town Clerk to advertise and receive bids.
Prior Review:
On January 20, 2026, the Town Council:
• Approved Amendment #1 to Hermann Design Group, Inc. to prepare plans, specifications, and cost estimate for the design of the SR62 Beautification Project in the amount of $85,880.00.
• Extended the Hermann Design Group on-call contract to December 2027. • Authorized the Town Manager or designee to sign all related documents.
On September 16, 2025, the Town Council received an update regarding the Town Council’s prior direction to staff requesting development of various projects related to an emphasis on beautification and enhanced appearance throughout the Town.
On April 5, 2022, the Town Council:
• Awarded a contract to Hermann Design Group, Inc. for on-call landscape architectural services;
• Authorized the Town Manager to sign all related documents in a form approved by the Town Attorney and make any non-substantive changes; and • Amended the FY21-22 General Fund Budget to allocate $100,000.00 of Unassigned General Fund Reserve to the Parks Division Professional Services account.
Discussion:
The landscape beautification project is designed to strengthen the Town’s identity, improve the appearance of public spaces, and to continue to implement the Council's goal of enhancing the Town's SR62 corridor.
The project will include the installation of drought-resistant landscaping, irrigation and controllers, artificial and metal desert plants, and desert-native plants at the following locations.
• SR 62 & Kickapoo Trail Intersection
• SR 62 & Sage Avenue Intersection
• SR 62 & Dumosa Avenue Intersection
• SR 62 & SR 247 Intersection
Project Plans and Specifications are on file in the Town Clerk’s Office for review. The estimated construction contract term for this project is four (4) months. Estimated project completion is currently placed at late 2nd quarter 2027. As the bidding and award process moves forward, staff will continue to provide updates on the project schedule.
Alternatives
Staff recommends no alternative actions.
Fiscal Impact:
The Town Council appropriated in FY 2025/2026, $435,000 in Fund 801 – Essential Services, for the combination of the Highway Beautification and Town Entryway Sign projects.
Approximately $300,000 remain after design costs for the SR 62 Beautification and Monument Sign projects. At the award of bid, Town staff will recommend a budget appropriation for the remaining project costs estimated for both projects. The Landscape Architects' estimated project costs, as well as project oversight and inspection costs, for the Highway Beautification are as outlined below.
Locations Cost (w/ 15% Contingency)
SR 62 & Kickapoo Trail $115,774.00
SR 62 & Sage Ave $290,477.00
SR 62 & Dumosa Avenue $132,668.00
SR 62 & SR 247 $272,196.00
Inspection and Testing $20,000.00
Irrigation Meters $70,000.00
TOTAL PROJECT ESTIMATED COST $901,115.00
The Town's Capital Project Reserve Fund currently has an available fund balance of approximately $5.8m. Future appropriations for both the Highway Beautification and Town Entryway Sign projects are estimated at approximately $1.0 million, resulting in an estimated Capital Project Reserve Fund Balance of approximately $4.8 million.
Attachments
1. Resolution 26-XX (Rev 9 28 2026)
2. Notice Inviting Bids (9 28 2026)
3. Fund 801
4. TC Meeting Minutes - 4.5.22
5. TC Meeting Minutes - 9.16.25
6. TC Meeting Minutes - 1.20.26
RESOLUTION NO. 26-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA,
APPROVING THE SPECIFICATIONS FOR THE ROW LANDSCAPE BEAUTIFICATION PROJECT
IN SAID TOWN AND AUTHORIZING AND DIRECTING THE TOWN CLERK TO ADVERTISE AND RECEIVE BIDS.
WHEREAS, it is the intention of the Town of Yucca Valley to improve public safety and the physical appearance of the community by improving the conditions of existing facilities; and WHEREAS, the Town has prepared specifications for the construction of certain improvements.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, RESOLVES AS FOLLOWS.
SECTION 1: The specifications presented to the Town Council are hereby approved as the plans and specifications for: ROW Landscape Beautification Project, Town Project No. 9104.
SECTION 2: The Town Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing of the work specified in the aforesaid plans and specifications, which said advertisement shall be in form and content as approved by the Town Attorney and a copy of this Resolution shall be contained in each specification package for the work.
NOTICE INVITING SEALED BIDS OR PROPOSALS
Pursuant to a Resolution of Town Council of the Town of Yucca Valley, directing this notice, NOTICE IS HEREBY GIVEN that the Town of Yucca Valley will receive at the office of Town Clerk of the Town of Yucca Valley, located at 57090 29 Palms Hwy., Yucca Valley, California 92284 on or before the hour of 3:00 o'clock p.m. on the 3rd day of December 2026, sealed bids or proposals for the following project:
Project No. 9104
ROW LANDSCAPE BEAUTIFICATION PROJECT
in said Town of Yucca Valley. Bids will be opened and publicly read immediately thereafter.
Bids must be made on a form provided for the purpose, addressed to the Town of Yucca Valley marked:
Bid for Work on
Project No. 9104
ROW LANDSCAPE BEAUTIFICATION PROJECT
Non-Mandatory Pre-Bid Meeting will be held on Tuesday, November 10, 2026, at 9:00 a.m., in the Community Development and Public Works Conference Room at 58928 Business Center Drive, Yucca Valley, CA 92284.
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work.
In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the Town Engineer, 58928 Business Center Drive, Yucca Valley, CA 92284, and are available to any interested party on request. The Town also shall cause a copy of such determinations to be posted at the job site. These wages are available from the California Department of Industrial Relations’ Internet web site at https://www.dir.ca.gov/dirdatabases.html. General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are referenced and made a part thereof.
Pursuant to Labor Code § 1775, the Contractor shall forfeit, as penalty to the Town, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code.
In accordance with the provisions of § 1777.5 of the Labor Code, as amended, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in §§ 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.
SUBCONTRACTED WORK: The name, Contractor License Number and business location of any subcontractor who will perform work exceeding one-half of one percent (0.50%) of the prime contractor’s total bid or ten thousand dollars ($10,000.00), whichever is greater, must be submitted with the bid. Any other information regarding the foregoing subcontractors that is required by Town to be submitted may be submitted with the bid or may be submitted to Town up to twenty-four (24) hours after the deadline established herein for receipt of bids. The additional information must be submitted by the bidder to the same address and in the same form applicable to the initial bid submission.
INELIGIBLE SUBCONTRACTORS: The successful bidder shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1999.1 or 1777.7 of the Labor Code.
With your proposal, YOU MUST SUBMIT cash, cashier’s check, certified check, or bidder’s bond, payable to the Town of Yucca Valley in an amount equal to at least ten percent (10%) of the bid as a guarantee that the bidder will enter into the contract if the same is awarded to him, and in the event of failure to enter into such contract said cash, cashier’s check, certified check, or bond shall become the property of the Town of Yucca Valley. If the Town of Yucca Valley awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied to the difference between the low bid and second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
The Contractor shall be required to post a bond in the amount of 100% of the contract price and a labor and material bond equal to 50% of the contract price. No proposal will be considered from a Contractor
who is not licensed as a Class “A” or Class “C-27” contractor, at time of bid, or to whom a proposal form has not been issued by the Town of Yucca Valley.
The work is to be done in accordance with the plans and specifications on file in the Office of the Town Engineer. Electronic Copies of the specifications shall be available to be downloaded (copied) from the TOWN’s website for bids/public works.
The Contractor may, upon the Contractor’s request and the Contractor’s sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention).
The successful bidder will be required to enter into a contract satisfactory to the Town of Yucca Valley.
The Town of Yucca Valley reserves the right to reject any and all bids, or to waive any irregularities in the bids.
By order of the Town Council this 20th day of October 2026. _______________________________
MAYOR
ATTEST:
TOWN CLERK
APPROVED AS TO FORM:
TOWN ATTORNEY
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NOTICE INVITING SEALED BIDS OR PROPOSALS
Pursuant to a Resolution of Town Council of the Town of Yucca Valley, directing this notice, NOTICE IS HEREBY GIVEN that the Town of Yucca Valley will receive at the office of Town Clerk of the Town of Yucca Valley, located at 57090 29 Palms Hwy., Yucca Valley, California 92284 on or before the hour of 3:00 o'clock p.m. on the 3
rd day of December 2026, sealed bids or proposals for the following project:
Project No. 9104
ROW LANDSCAPE BEAUTIFICATION PROJECT
in said Town of Yucca Valley. Bids will be opened and publicly read immediately thereafter.
Bids must be made on a form provided for the purpose, addressed to the Town of Yucca Valley marked:
Bid for Work on
Project No. 9104
ROW LANDSCAPE BEAUTIFICATION PROJECT
Non-Mandatory Pre-Bid Meeting will be held on Tuesday, November 10, 2026, at 9:00 a.m., in the Community Development and Public Works Conference Room at 58928 Business Center Drive, Yucca Valley, CA 92284.
PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work.
In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the Town Engineer, 58928 Business Center Drive, Yucca Valley, CA 92284, and are available to any interested party on request. The Town also shall cause a copy of such determinations to be posted at the job site. These wages are available from the California Department of Industrial Relations’ Internet web site at https://www.dir.ca.gov/dirdatabases.html. General prevailing wage rates, in effect ten (10) days prior to the actual Bid Opening, which have been predetermined and are on file with the California Department of Industrial Relations are referenced and made a part thereof.
Pursuant to Labor Code § 1775, the Contractor shall forfeit, as penalty to the Town, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code.
In accordance with the provisions of § 1777.5 of the Labor Code, as amended, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in §§ 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.
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SUBCONTRACTED WORK: The name, Contractor License Number and business location of any subcontractor who will perform work exceeding one-half of one percent (0.50%) of the prime contractor’s total bid or ten thousand dollars ($10,000.00), whichever is greater, must be submitted with the bid. Any other information regarding the foregoing subcontractors that is required by Town to be submitted may be submitted with the bid or may be submitted to Town up to twenty-four (24) hours after the deadline established herein for receipt of bids. The additional information must be submitted by the bidder to the same address and in the same form applicable to the initial bid submission.
INELIGIBLE SUBCONTRACTORS: The successful bidder shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1999.1 or 1777.7 of the Labor Code.
With your proposal, YOU MUST SUBMIT cash, cashier’s check, certified check, or bidder’s bond, payable to the Town of Yucca Valley in an amount equal to at least ten percent (10%) of the bid as a guarantee that the bidder will enter into the contract if the same is awarded to him, and in the event of failure to enter into such contract said cash, cashier’s check, certified check, or bond shall become the property of the Town of Yucca Valley. If the Town of Yucca Valley awards the contract to the next lowest bidder, the amount of the lowest bidder’s security shall be applied to the difference between the low bid and second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
The Contractor shall be required to post a bond in the amount of 100% of the contract price and a labor and material bond equal to 50% of the contract price. No proposal will be considered from a Contractor who is not licensed as a Class “A” or Class “C-27” contractor, at time of bid, or to whom a proposal form has not been issued by the Town of Yucca Valley.
The work is to be done in accordance with the plans and specifications on file in the Office of the Town Engineer. Electronic copies of the specifications shall be available to be downloaded (copied) from the Town’s website for bids/public works.
The Contractor may, upon the Contractor’s request and the Contractor’s sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention).
The successful bidder will be required to enter into a contract satisfactory to the Town of Yucca Valley.
The Town of Yucca Valley reserves the right to reject any and all bids, or to waive any irregularities in the bids.
Town of Yucca Valley
NOTE: In this Bid Proposal, an entity submitting bids may be referred to as Bidder, Contractor, Proponent, or Entity.
By: _____________________
Brooke Dudra, Town Clerk
TOWN OF YUCCA VALLEY
TOWN COUNCIL MEETING MINUTES
APRIL 5, 2022
CLOSED SESSION
1. Conference with Labor Negotiators
A closed session will be held pursuant to Government Code 54957. 6with unrepresented employee representative Human Resources and Risk Manager Breidenbach- Sterling regarding labor negotiation with unrepresented employees.
2. Conference with Real Property Negotiator
A closed session will be held pursuant to Government Code 54956. 8to enable the Town Council to consider negotiations regarding certain real property.
APN: 0595- 131-2- 0000
56635 Lucky Way, Yucca Valley
Etane Allouche
Town of Yucca Valley/ Curtis Yakimow, Real Property Negotiator
3. Potential Litigation
The Town Council will meet in closed session pursuant to the provisions of Government Code Section 54956. 9(d)( 4) to confer with legal counsel with regard to one matter of potential initiation of litigation.
REPORT OUT OF CLOSED SESSION
Town Attorney Jex reported closed session ended at 6: 10 p. m. with no reportable action.
OPENING CEREMONIES
CALL TO ORDER
Mayor Jim Schooler called the meeting to order at 6: 00 PM.
ROLL CALL
PRESENT: Schooler, Denison, Abel, Drozd, Lombardo
ABSENT:
PLEDGE OF ALLEGIANCE
Led by Council Member Lombardo
Generated 4/ 27/022 5: 07 PM
YUCCA VALLEY TOWN COUNCIL MINUTES April 5, 2022
PRESENTATIONS, INTRODUCTIONS, RECOGNITIONS
4. Presentation: Hi -Desert Water District Update
Hi Desert Water District General Manager Paul Peschel and District staff presented an update on the sewer facility, water use, and other current projects.
Mayor Schooler opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Drozd inquired on water usage rates for reclaimed water.
Council Member Abel thanked General Manager Peschel and staff for the presentation and asked if reclaimed water will be offered to the school district when available. Abel commented favorably on the District' srecent mailer, including information on the benefits of Measure Z. Abel also inquired if there were future plans to extend water service to residents on La Contenta and suggested the District' swebsite include a lookup tool for sewer connection status.
Council Member Lombardo thanked District Manager Peschel and staff for presenting information and inquired on the when reclaimed water might become available.
Mayor Schooler thanked Hi Desert Water District staff for the presentation.
Mayor Pro Tem Denison asked about the anticipated time frame for the final 30% of Phase 1 properties to connect to the sewer system and if loan programs were available for homeowner assistance. Denison inquired on the reuse of collected solids.
5. Recognition: OneLegacy Proclamation- DMV/onate Life Month Mayor Schooler presented a proclamation to OneLegacy in recognition of National Donate Life Month, April 2022.
APPROVAL OF AGENDA
RESULT: APPROVED [ UNANIMOUS]
MOVER: Merl Abel, Council Member
SECONDER: Robert Lombardo, Council Member
AYES: Schooler, Denison, Abel, Drozd, Lombardo
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YUCCA VALLEY TOWN COUNCIL MINUTES April 5, 2022
CONSENT AGENDA
RESULT: APPROVED [ UNANIMOUS]
MOVER: Rick Denison, Mayor Pro Tem
SECONDER: Jeff Drozd, Council Member
AYES: Schooler, Denison, Abel, Drozd, Lombardo
6. Waive further reading of all ordinances ( if any in the agenda) and read by title only.
MOTION:
Waive further reading of all ordinances and read by title only.
7. Town Council - Regular Meeting Minutes - Mar 15, 2022 6: 00 PM MOTION:
Approve the meeting minutes of March 15, 2022 as presented.
8. Adopt the Annual Street and Drainage & Landscape and Lighting Maintenance Districts, Approval of Engineer Reports and Setting a Public Hearing for May 3, 2022
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION FOR THE LEVY
AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1, BENEFIT ZONES 1-3, FISCAL YEAR 2022-3
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION FOR THE LEVY
AND COLLECTION OF ASSESSMENTS FOR THE STREET AND DRAINAGE MAINTENANCE DISTRICT NO. 1, BENEFIT ZONES 1-3 AND 5, FISCAL YEAR 2022-3 MOTION:
1. Approve the engineering reports for the existing Assessment Districts and directing the filing of such reports with the Town Clerk.
2. Adopt Resolution No. 22- 12 and Resolution No. 22- 13 declaring the intention to levy and collect the assessments and setting the date for conducting a public hearing at 6: 00 PM on Tuesday, May 3, 2022 in the Yucca Valley Community Center, 57090 29 Palms Highway, Yucca Valley, CA 92284 pursuant to California Streets and Highways Code Sections 22552 and 22553 and Government Code Section 53753. to consider the levy of annual assessments upon real property.
9. Adopt Resolution No. 22- 14 State Grants funded Capital Projects, Authorization for Signatures for Reimbursement Requests
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA,
AUTHORIZING THE TOWN MANAGER, DEPUTY TOWN MANAGER AND FINANCE 3
YUCCA VALLEY TOWN COUNCIL MINUTES April 5, 2022
MANAGER TO SIGN REIMBURSEMENT REQUEST ON STATE FUNDED CAPITAL
IMPROVEMENT PROJECTS IDENTIFIED IN THIS RESOLUTION
MOTION:
Adopt Resolution No. 22- 14 and authorize the Town Manager, Deputy Town Manager, and the Finance Manager, to sign reimbursement requests for the state grants the Little League Pedestrian Improvements Project ATP -5466( 024) and the Onaga Pedestrian Improvements Project ATP -5466( 025) and the Local Road Safety Plan LSRPL- 5466( 026).
10. Approve the Yucca Valley Senior Center, TOWN - 19 -CV -1- 05W/212, Senior Center Kitchen Upgrades Project — Approval of Change Orders and Additional Professional Services.
MOTION:
Authorize staff to approve change orders No. 1 through No. 12 for the CDBG Covid- 19 Senior Center Kitchen Upgrades Project, authorizing the Town Manager to expend a maximum construction cost of $ 278, 639. 00, and amend the FY2021- 2 Budget by appropriating $ 95, 200 from the Unassigned Capital Project Reserves Fund to Fund 560 Community Development Block Grant.
11. Approve the Contract with Hermann Design Group for On -Call Landscape Architectural Services
MOTION:
1. Award a contract to Hermann Design Group, Inc. for on -call landscape architectural services, and;
2. Authorize the Town Manager to sign all related documents in a form approved by the Town Attorney and make any non - substantive changes, and;
3. Amend the FY21- 22 General Fund Budget to allocate $ 100, 00 of Unassigned General Fund Reserve to the Parks Department Professional Services.
Mayor Schooler opened public comments for the consent agenda items. With no members of the public wishing to speak, public comments were closed.
PUBLIC HEARINGS
12. Addendum to the General Plan EIR, State Clearing Housing Number 2012111021, General Plan Housing and Safety Element Updates
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY, CALIFORNIA, APPROVING THE UPDATES TO THE HOUSING AND SAFETY ELEMENTS OF THE 2014
YUCCA VALLEY GENERAL PLAN ( GENERAL PLAN)
Deputy Town Manager Stueckle presented the staff report for the General Plan EIR, Housing Element and Safety Element updates.
Placeworks Associate Lindsay Klein presented information on the mandated general plan elements and reviewed the process the Town has taken to meet the General Plan 4 Page
YUCCA VALLEY TOWN COUNCIL MINUTES April 5, 2022
update requirements. Klein also provided an overview on revisions made to the Housing Element.
Placeworks Associate Jacqueline Protsman Rohr presented the updates to the Town' s Safety Element.
Ms. Klein presented the environmental review for the Housing Element and Safety Element.
Deputy Town Manager Stueckle thanked the Placeworks staff for sharing their expertise and assisting the Town with the required element updates.
Mayor Schooler opened the public hearing. With no members of the public wishing to speak, the public hearing was closed.
Mayor Pro Tem Denison inquired on text included where the western joshua tree would not preclude development. Deputy Town Manager Stueckle explained.
Council Member Lombardo thanked Placeworks staff for the presentation and professional assistance.
Council Member Abel inquired on the current usage of Section 8 Housing in Yucca Valley and sees the need to publicize the availability of this program. Abel asked in the Town could do anything to promote multi -family building development.
Deputy Town Manager Stueckle provided information on typical support options the Town can provide toward development projects.
Council Member Abel inquired on subsidized, low- income housing and how the Town compares to other communities and if the development of mobile home parks would qualify.
Council Member Drozd thanked Placeworks staff for the presentation.
MOTION:
Adopt Resolution No. 22- 15, approve and adopt the Addendum to the General Plan EIR, SCH No. 2012111021, for the 2021-029 Housing Element And 2021 Safety Element Update; and approve and adopt the 2021-029 Housing Element and 2021 Safety Element Updates.
RESULT: ADOPTED [ UNANIMOUS]
MOVER: Robert Lombardo, Council Member
SECONDER: Rick Denison, Mayor Pro Tem
AYES: Schooler, Denison, Abel, Drozd, Lombardo
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YUCCA VALLEY TOWN COUNCIL MINUTES April 5, 2022
DEPARTMENT REPORTS
13. Mojave Desert Air Quality Management District - Carl Moyer Program — Heavy duty diesel emissions reduction program - Authorization to submit Grant Application Public Works Director Baldizzone presented the staff report for the authorization to submit an application for the Carl Moyer Program to the Mojave Desert Air Quality Management District.
Mayor Schooler opened public comments.
Dr. Debra Savitt, Yucca Valley commented on air quality testing.
With no other members of the public wishing to speak, Mayor Schooler closed public comments.
Council Member Abel explained the variety of air quality testing sites used by Mojave Desert Air Quality Management ( MDAQMD) and how and how private citizens can place a " purple box" on site to remit info to the MDAQMD.
Council Member Lombardo spoke favorably on replacing older equipment.
MOTION:
Authorize the submittal of the heavy duty diesel emissions reduction program application, Carl Moyer Program, to the Mojave Desert Air Quality Management District due by March 31, 2022.
RESULT: APPROVED [ UNANIMOUS]
MOVER: Robert Lombardo, Council Member
SECONDER: Merl Abel, Council Member
AYES: Schooler, Denison, Abel, Drozd, Lombardo
14. FY2022- 24 Draft General Fund Budget Review
Finance Manager Gumbish presented the staff report for the draft general fund budget for fiscal years 2022-4.
Mayor Schooler opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Lombardo thanked Gumbish for the presentation.
Mayor Pro Tem Denison spoke favorably on the Town' s
approach to be proactive in
budgeting for projects and expenditures.
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YUCCA VALLEY TOWN COUNCIL MINUTES April 5, 2022
Mayor Schooler inquired if funding was included for community appearance, and beautifications.
Council Member Lombardo agreed with Mayor Schooler' scomment on including funding for community clean up and beautification programming.
Town Manager Yakimow explained the budget includes continuation of existing services as directed, and staff will come back with program options for Council discussion.
Yakimow also explained possible incremental steps the Town can take on affordable housing.
Council Member Abel asked for clarification on what might be considered a beautification program. He would like to see a
long term, low maintenance solutions for
highway medians and possibly a facade improvement program giving small businesses the tools to update their properties.
Mayor Schooler agreed with Council Member Abel' s comments.
RESULT: NO MOTION MADE
15. Town Council Meeting Calendar Review
Town Clerk Copeland presented the staff report, requesting discussion on the current Town Council meeting calendar.
Mayor Schooler opened public comments. With no members of the public wishing to speak, public comments were closed.
Discussion was held and consensus was made to anticipate being dark on July 5, 2022 and August 2, 2022.
PUBLIC COMMENTS
Mayor Schooler opened public comments for items not on the agenda.
Dr. Debra Savitt, Yucca Valley spoke on environmental impacts on the western Joshua tree.
With no other members of the public wishing to speak, Mayor Schooler closed public comments.
STAFF REPORTS AND COMMENTS
Public Works Director Baldizzone updated the Council on current projects. 71Page
YUCCA VALLEY TOWN COUNCIL MINUTES April 5, 2022
Deputy Town Manager Stueckle updated the Town Council on the western joshua tree topic as the item has been schedule for discussion at the State level in April.
Police Lieutenant Wiebeld thanked the Council for having him and looks forward to working with Town staff.
Town Manager Yakimow thanked the Public Works staff for prepping the Tri Valley Little League facilities for opening day, and thanked Finance Manager Gumbish for her work on budget preparation.
MAYOR AND COUNCIL MEMBER REPORTS AND COMMENTS
Council Member Drozd reported on attendance at recent community events.
Council Member Lombardo thanked Finance Manager Gumbish for her work on the budget and noted it is nice to see all the projects moving forward.
Mayor Pro Tem Denison thanked Hi Desert Water District for the presentation and spoke in favor of organ donation. Denison commented on the number of children and families attending the recent opening of the Tri Valley Little League opening and thanked staff for keeping on top of the Caltrans project schedule.
Mayor Schooler stated it was great to see all the families and children being part of the Tri Valley Little League opening, and thanked Town staff for prepping the facility.
Schooler welcomed the new restaurants in Town, the Awe Bar and Tiny Pony, and thanked Finance Manager Gumbish for the budget presentation. Schooler reminded the public of the Coffee with the Mayor event and announced the launch of the Town' sfirst podcast: Yucca Valley: Plugged In!
ANNOUNCEMENTS
Upcoming Meeting Schedule
The next regular meeting of the Yucca Valley Town Council will be held on Tuesday, April 19, 2022 at 6: 00 PM in the Yucca Valley Community Center Yucca Room.
With no further business, Mayor Schooler adjourned the meeting at 8: 15 p. m.
Respectfully Submitted,
Lesley Copeland, CMC
Town Clerk
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Town of Yucca Valley
Town Council Meeting Minutes
September 16, 2025
Call to Order
Roll Call
Present: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler Absent
Excused):
Robert Lombardo
Pledge of Allegiance
Led by Deputy Town Manager Luckino
Invocation
Presentations, Introductions, Recognitions
Hi Desert Water District- Phase 2 Sewer Project UpdateJennifer Cusack from HDWD provided information on the current, phase 2 sewer project including timing of line installation in selected neighborhoods.
Town Manager Yakimow commended the district for securing funding for the project for the benefit of our residents.
Drozd opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Schooler thanked Hi Desert Water District for the information and complemented Sukut Construction for their work. Schooler inquired about the availability of project updates to the public.
Mayor Pro Tem Abel thanked Hi Desert Water District for all the work and coordination the project is undertaking and for securing a Western Joshua Tree permit including private connections. Abel asked for clarification on the reasoning for some streets not being paved and asked if the District will be providing a list of interested contractors for private connections.
Abel inquired if laterals will be installed to vacant lots and if those property owners will be required to connect.
Mayor Drozd thanked Cusack for the update.
San Bernardino County Transportation Authority (SBCTA) UpdateLouis Vidaure SBCTA Legislative and Public Affairs provided an overview of the SBCTA organization and highlighted Measure I funded projects within the Town of Yucca Valley.
Council Member Denison currently serves as the SBCTA Board Chair.
Council Member Denison spoke of the benefits of SBCTA and the benefits of Measure I for many of the Town' s capital improvements enhancing a safer community.
Mayor Pro Tem Abel thanked SBCTA for managing the funds for these significant safety projects Measure I is providing.
New Employee Introduction- Deputy Town Manager LuckinoTown Manager Yakimow introduced Frank Luckino as the Town' s new Deputy Town Manager for Administration and Community Services.
Deputy Town Manager Luckino provided additional information, expressed his dedication to the community and looks forward to serving in the expected capacity.
Council Members provided welcoming comments.
Approval of Agenda
1. Agenda Approval
Present: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler
Absent: Robert Lombardo
Consent Agenda
Mayor Drozd opened public comments on the consent agenda items. With no members of the public wishing to speak, public comments were closed.
Result: Passed ( Yes 4, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jim Schooler
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler
2. AB1234 Reporting Requirements
Motion:
Receive and file the AB1234 Reporting Requirement Schedule for the month of August 2025.
3. Ratification of Warrant Registers
Motion:
Ratify the Payroll Registers totaling $ 301,891.75 dated August 01,2025, $ 330,525.07 dated August 15,2025, and $277,593.30 dated August 29, 2025.
Ratify the Warrant Registers totaling $ 1,727,237.37 dated August 01,2025, 2,234,701.98 dated August 15,2025, and $1,525,718.36 dated August 29, 2025.
4. Resolution denying Appeal No. 01-25 and upholding the Planning Commission’ s denial of Variance No. 01-25 for a front setback reduction for the property located at 57461 Bandera Road and finding such action exempt from the California Environmental Act pursuant to CEQA Guidelines §§ 15378( b)(5) and 15061( b)(3) Motion:
Adopt Resolution 25-22 denying Appeal No. 01-25 and upholding the Planning Commission’ s denial of Variance No. 01-25 for a front setback reduction for the property located at 57461 Bandera Road and finding such action exempt from the California Environmental Act pursuant to CEQA Guidelines §§ 15378(b)(5) and 15061(b)(3).
5. Authorization to Purchase Replacement Fleet Equipment and Declare Existing Equipment as Surplus and authorize the sale of surplus equipment.
Motion:
1. Approve the purchase in the amount of not to exceed $ 26,287.60 to Multiquip, Inc., for purchasing Ride- on Roller Honda GX630 36” wide, SOURCEWELL 020923- MTQ, replacement of unit #55.
2. Declare Unit #55, 1996 Whacker RD880V Roller as surplus, and approves the sale of surplus vehicles and equipment, authorizing the Town Manager to auction/ sell the vehicles through a public bidding/ auction process or through disposition through auto dismantling services.
3. Authorize the Town Manager to execute all vehicle and equipment sales paperwork and selling of the surplus vehicles and equipment.
6. Ordinance 330- Second Reading- Senior Mobilehome Park Zoning Overlay Motion:
That the Town Council adopts Ordinance 330
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY,
CALIFORNIA, AMENDING THE OFFICIAL ZONING DISTRICT MAP OF THE TOWN OF YUCCA VALLEY, AMENDING SECTIONS 9.05.030 OF CHAPTER 9.05 (ZONING DISTRICTS AND ZONING MAP) OF TITLE 9 (DEVELOPMENT CODE) OF THE TOWN OF YUCCA VALLEY MUNICIPAL CODE, AMENDING SECTIONS 9.15.020 AND 9.15.030 OF CHAPTER 9.15 (OVERLAY DISTRICTS) OF TITLE 9 (DEVELOPMENT CODE) OF THE
TOWN OF YUCCA VALLEY MUNICIPAL CODE, AND ADDING CHAPTER 9.23 (SENIOR MOBILEHOME PARK OVERLAY DISTRICT) TO TITLE 9 (DEVELOPMENT CODE) OF THE
TOWN OF YUCCA VALLEY MUNICIPAL CODE, ESTABLISHING A SENIOR MOBILEHOME
PARK OVERLAY DISTRICT
7. 56370 Buena Vista Drive Property Demolition - Town Project No. 8070: Approval of Specification and Authorization to Advertise for Construction/ Demolition Motion:
Adopt Resolution 25-23, approves the specifications for Project No. 8067, and authorizes the Town Clerk to advertise and receive bids.
8. Cal Cities 2025 Voting Delegate and Alternate for the Business Meeting of the 2025 League of California Cities Annual Conference
Motion:
Designate Mayor Pro Tem Abel to serve as Voting Delegate and Council Member Schooler to serve as the Alternate Voting Delegate for the business meeting at the 2025 League of California Cities Annual Conference
9. 2025 Public Art Program – Utility Box Program
Motion:
Accept the recommendation of the Parks, Recreation, and Cultural Commission and approve the 12 selected artworks as the art installations for the 2024- 26 Utility Box Program.
10. Resolutions Authorizing Town’ s Participation in Two National Opioid Litigation Settlements: ( 1) In re: Purdue Pharma L.P., et al., Debtors ( Chapter 11), U.S.
Bankruptcy Court Southern District of New York, Case No. 19-23649; and (2) In re:
National Prescription Opiate Litigation, MDL No. 2804, Case No. 1:17-md-2804 Multi-District Litigation)
Motion:
Adopt Resolution 25-24 entitled:
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY APPROVING THE TOWN’ S PARTICIPATION IN A NATIONAL LITIGATION SETTLEMENT
WITH ALVOGEN, AMNEAL, APOTEX, HIKMA, INDIVIOR, MYLAN, SYN PHARMA, AND
ZYDUS, AUTHORIZING THE TOWN MANAGER TO TAKE ALL NECESSARY ACTIONS
FOR THE SETTLEMENT, AND DIRECTING PAYMENT OF SETTLEMENT FUNDS TO SAN
BERNARDINO COUNTY
And adopt Resolution 25-25 entitled:
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YUCCA VALLEY APPROVING THE TOWN’ S PARTICIPATION IN A NATIONAL LITIGATION SETTLEMENT WITH PURDUE PHARMA L.P. AND THE SACKLER FAMILY, AUTHORIZING THE TOWN
MANAGER TO TAKE ALL NECESSARY ACTIONS FOR THE SETTLEMENT, AND
DIRECTING PAYMENT OF SETTLEMENT FUNDS TO SAN BERNARDINO COUNTY Department Reports
11. 2025-26 Youth Commission Appointments
Recreation Supervisor Rardon presented the staff report for the appointments of the 2025- 26 Youth Commission. Rardon explained 39 applicants were recommended by the PRCC for appointment. Applicant Ripley was not included with the recommendation due to Parks, Recreation and Cultural Commissioner Ripley being a parent to the applicant.
Mayor Drozd opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Schooler inquired how staff plans on leading the larger group of commissioners. Council discussion was held on the appointment of Applicant Ripley.
Motion:
Appoint the 39 applicants recommended by the Parks, Recreation and Cultural Commission to the 2025-26 Youth Commission, appoint Applicant Ripley to the Youth Commission, and authorize the Parks, Recreation and Cultural Commission to review future applications and make subsequent appointments on behalf of the Council.
12. 2025 San Bernardino Point-in-Time Count Final Report Town Manager Yakimow presented the staff report providing the final report for the 2025 San Bernardino County Point-in-Time Count (PITC) held in January 2025. PITC Volunteer Amy provided additional information on the experience. San Bernardino County Sheriffs Department Lieutenant Huff provided a brief explanation of the support the Department' s HOPE team provides for the unhoused community.
Mayor Drozd opened public comments.
Cheryl Contopulous, Yucca Valley spoke of concern with services for the animals belonging to the unhoused.
With no other members of the public wishing to speak, Mayor Drozd closed public comments.
Mayor Drozd inquired about the reasoning of the count being held during the coldest part of the year.
Mayor Pro Tem Abel asked for the approximate number of unhoused that refuse
service from the HOPE team. As asked if other counties use a single day for their count.
Council Member Denison spoke about his experience as a PITC volunteer and the challenges in moving an effective process forward.
Result:
Receive and file the 2025 Point-in-Time Count Final Report representing a 57% decrease in the total homelessness count from the year prior.
13. Community Center Sports Field Turf Update
Public Works Director Qishta updated the Town Council on the Town' s turf field conditions.
Mayor Drozd opened public comments.
Dylan Roscover, Yucca Valley commented on the use of rye grass.
With no other members of the public wishing to speak, Mayor Drozd closed public comments.
Council Member Schooler inquired about the depth of the maintenance being planned at Brehm Field.
Council Member Denison inquired about the use of water-saving turf.
Result:
Receive and file the update on the Community Center sports fields turf conditions and future maintenance plan.
14. Public Safety Enhancements
Town Manager Yakimow began the presentation, providing an overview of the FLOCK system for public safety enhancements. A Data Management Policy will be brought before the Council for review in the near future. San Benardino County Sheriff' s Lieutenant Huff provided additional information on the use of FLOCK and the advanced data technology it provides.
Mayor Drozd opened public comments.
Dylan Roscover, Yucca Valley commented on the cost being quoted.
With no other members of the public wishing to speak, Mayor Drozd closed public comments.
Council Member Denison asked if the system would help with illegal OHV use.
Council Member Schooler inquired when a data policy would be returned for review.
Mayor Pro Tem Abel commented on the top council priority is public safety and inquired how the camera locations are selected and if it can easily be expanded to other locations.
Motion:
1. Receive an update regarding proposed safety enhancements through the use of the Flock Camera System, and provide input and direction as appropriate.
2. Authorize a two-year contract with Flock Safety for procurement, installation and data retention in an amount not to exceed $ 158,000.
3. Direct staff to develop and return an automated license plate reader policy addressing specific details to protect privacy and civil liberties, including authorized purpose, access control, monitoring and security, data sharing restrictions, data retention, for consideration and approval prior to program implementation.
Result: Passed ( Yes 4, No 0, Abstained 0)
Mover: Mayor Pro Tem Merl Abel
Seconder: Council Member Jim Schooler
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler
15. Town-wide Landscape Beautification Program
Public Works Director Qishta provided an update on the Town' s Landscape Beautification Program. Staff recently assessed additional locations along the Highway 62 corridor for additional landscaping. A low-maintenance, drought- tolerant concept was presented and requested Council direction for potential development in key locations. Qishta explained some of the challenges with landscape development along the highway.
Mayor Drozd opened public comments.
Eric Linnert, Yucca Valley inquired about the west entrance sign.
Eric Menendez, Twentynine Palms spoke favorably about the additional landscaping.
With no other members wishing to speak, Mayor Drozd closed public comments.
The Town Council provided input on suggested prioritization of project locations along with an emphasis on monument signs, cleanup of trash and weeds and the use of low-maintenance landscaping. For the most impact, Council Members suggested improving all four locations along Hwy 62 at Hwy 247, Sage, Dumosa and Kickapoo.
Result:
Receive an update regarding the Town Council' s prior direction to staff requesting development of various projects related to an emphasis on beautification and enhanced appearance throughout Town.
16. Rural and Tribal Assistance ( RTA) Pilot Program, Notice of Funding Opportunity - Project Applications
Public Works Director Qishta presented the staff report seeking the authorization of the submittal of RTA grant applications. The two projects identified for the grant applications are Phase 2 of the regional transportation center (Park and Ride) and the extension of Indio Avenue from Yucca Trail to Hwy 62.
Mayor Drozd opened public comment. With no members of the public wishing to speak, Mayor Drozd closed public comments.
Mayor Pro Tem Abel asked if the projects are looked at separately.
Council Member Schooler inquired about the offset at the corner of Indio and Yucca Trail.
Motion:
Authorize the submittal of RTA grant applications for the following projects: Old Town Park- and-Ride and Mobility Hub – Phase 2 and Indio Avenue Pavement Extension Project
Result: Passed ( Yes 4, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jim Schooler
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler
17. Ordinance No.XX : Amending Chapter 12.60 (Encroachments and Excavation of Title 12 (Vehicles and Traffic) of the Yucca Valley Municipal Code to add a New Section
12.60.295 Governing Street Restoration
Public Works Director Qishta presented the staff report to introduce an ordinance updating the Town' s municipal code relating to Encroachments and Excavations.
Town Attorney Jex reported the concerns of SCE regarding a change in the Town' s code and explained the change is for sewer installation only and not for agencies operating under a franchise agreement.
Mayor Drozd opened public comments. With no members of the public wishing to speak, Mayor Drozd closed public comments.
Motion:
Find the project exempt from the California Environmental Quality Action pursuant to CEQA Guidelines 15378, 15061 ( b)(3), and 15060, C (2)(3).
1. Under CEQA Guidelines Section 15061 ( b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment; and
2. Under CEQA Guidelines Section 15378, the proposed amendments are not a project under CEQA because they will not cause a “ direct physical change in the environment” or a “reasonably foreseeable indirect physical change in the environment” because they do not authorize any specific development activity or promote new construction or growth; and
3. Any potential indirect physical change in the environment is speculative and not reasonably foreseeable; and
4. Under CEQA Guidelines Section 15060 (c) (2) “The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment” as the Ordinance does not authorize private land development construction or public works construction;
5. Under CEQA Guidelines Section 15060 (c) (3) “The activity is not a project as defined in Section 15378”.
6. Introduce Ordinance 331 entitled:
AN ORDINANCE OF THE YUCCA VALLEY TOWN COUNCIL AMENDING CHAPTER 12.60 ENCROACHMENTS AND EXCAVATIONS) OF TITLE 12 (VEHICLES AND TRAFFIC) OF THE YUCCA VALLEY MUNICIPAL CODE TO ADD A NEW SECTION 12.60.295 GOVERNING STREET RESTORATION.
Result: Passed ( Yes 4, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jim Schooler
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler Future Agenda Items
Mayor Pro Tem Abel explained he is concerned with repeated SCE blackouts in our area and would like SCE to address these and possibly the PUC. Consensus was made amongst the
Council to place this item on a future agenda.
Public Comments
Mayor Drozd opened public comments for items not on the agenda.
Tim Humphreville, Yucca Valley requested Council to review the current STVR policy, since many concerns are arising in his neighborhood.
Dylan Roscover, Yucca Valley spoke of a recent vehicle accident on Joshua Lane at Pueblo Trail, and requested additional law enforcement and speed limit control in the area.
The following spoke on the animal shelter operations and status of the operational review.
Cheryl Contopulous, Yucca Valley
Susan Herring, Pioneertown
Christine Bostrom, Yucca Valley
James Porter, Yucca Valley
Linda Root, Yucca Valley
Susan Walls, Joshua Tree
Tabitha Davies
Eric Linnert, Yucca Valley spoke of issues with shopping center dumpsters and thanked Burrtec for their response. Linnert suggested a commercial enclosed mandate be passed. Linnert also commented on the lack of dedicated bike lanes and the unsafe conditions for local bike riders.
Eric Menendez, Twentynine Palms announced an upcoming East Regional Steering Committee for homelessness meeting and other meeting announcements.
Greg Gendron, Yucca Valley spoke of the lack of audio and internet capabilities at the last shelter meeting.
Staff Reports and Comments
Town Manager Yakiomw shared a video from the recent YVARC Topping Out event showing the progress of the project.
Mayor and Council Member Reports and Comments
Council Member Schooler provided an update to the Council on the outcome of the inaugural meeting of the Animal Shelter Committee held on August 21, 2025.
Council Member Denison thanked the community for coming out and providing comments and provided a report on his recent visit to the animal shelter. Denison noted he understands the concern regarding bike safety.
Council Member Schooler thanked Nena and Zahar at the Senior Center for their work and dedication in providing resources for the seniors.
Mayor Pro Tem Abel welcomed Deputy Town Manager Luckino and welcomed the new Youth Commissioners. Abel reported on recent meetings and ribbon- cutting events and thanked staff for going after additional grant funding.
Mayor Drozd welcomed Deputy Town Manager Luckino and announced he has free animal adoption vouchers if anyone needs one.
Announcements
With no further business, Mayor Drozd adjourned the meeting at 8:10 p.m.
Respectfully Submitted,
Lesley Copeland, CMC
Town Clerk
Town of Yucca Valley
Town Council Meeting Minutes
January 20, 2026
Closed Session
1. The Town Council met in closed session pursuant to the provisions of Government Code Section 54957(b) regarding a public employee performance evaluation. Job Title: Town Attorney
2. The Town Council met in closed session pursuant to the provisions of Government Code Section 54956.9(d)(2) and (3) to confer with legal counsel with regard to one matter of potential exposure to litigation.
Report Out of Closed Session
Mayor Abel reported closed session adjourned at 4:51 p.m. with no reportable action.
Call to Order
Roll Call
Present: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
Absent:
Pledge of Allegiance
Led by Mayor Abel
Presentations, Introductions, Recognitions
1. Introduction: San Bernardino County Sheriff's Captain Steve Scovel San Bernardino County Sheriff's Captain Steve Scovel introduced himself as the new captain assigned to the Morongo Basin Station.
2. Presentation: Southern California Edison Update- Government Affairs Manager Shane Massoud
Southern California Edison Governmental Affairs Shane Massoud updated the Town Council on current programs and service area updates and wildfire safety measures.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Mayor Drozd thanked Massoud for being available and providing the information.
Mayor Abel spoke favorably on the large number of improvement projects being
completed.
Approval of Agenda
3. Agenda Approval
Motion:
Approve the meeting agenda as prepared.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Rick Denison
Seconder: Council Member Jim Schooler
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo Consent Agenda
4. Rejection of Claim
Motion:
Reject one Claim filed against the Town of Yucca Valley submitted on November 24, 2025, by Shannan Reed.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
5. Rejection of Claim
Motion:
Reject one Claim filed against the Town of Yucca Valley submitted on December 19, 2025, by Virginia De Jesus Rivera-Guzman obo Carmen Yolanda Leon-Rivera.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
6. Authorization to Purchase Replacement Fleet Vehicle #4 with 2026 GMC Sierra K2500 SL Crew Cab
Motion:
Waive the competitive bidding requirements because adherence to the procedures would be inefficient, impractical, and unnecessary (as stated in section 3.12.060, (G) of the Town Code) and authorize the Town Manager or designee to execute a purchase agreement with Borjon Auto Center of Paso Robles, CA, for a new 2026 GMC Sierra K2500 Crew Cab for the Parks Maintenance Division for an amount not to exceed $62,776.19.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
7. Mural License and Installation and Maintenance Agreement - Wall Mural Permit (M) 02- 25 Motion:
Approve and authorize the Town Manager to sign the Mural License and Installation and Maintenance Agreement – Wall Mural Permit (M) 02-25.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
8. Mural License and Installation and Maintenance Agreement - Wall Mural Permit (M) 03- 25 Motion:
Approve and authorize the Town Manager to sign the Mural License and Installation and Maintenance Agreement- Wall Mural Permit (M) 03-25.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
9. On-Call Berm Repair and Replacement Maintenance Services authorization to release a Request For Proposal
Motion:
Authorize the release of an RFP for On-Call Berm Repair and Replacement maintenance services.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
10. Town Project No.8061 – : Senior Center Roof Replacement Project - Change Order #1 and #2 Motion:
1- Adopt Resolution 26-01, amending the budget to allocate $70,000.00 from CDBG Funding for the Town Project No.8061.
2- Approve Change Order #1 to the contract with Letner Roofing Co. for installing PVC roof décor profile, increasing the contract by $44,506.48, bringing the original contract amount of $178,100.00 to $231,506.48.
3- Approve Change Order #2 to the contract with Letner Roofing Co. install flashing at stucco, new riglet and counterflashing, and stucco repair and paint to match existing, increasing the contract by $21,809.41, bringing the contract amount of $231,506.48 to $253,315.89.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
11. Treasurer's Report for the Quarter Ending December 31, 2025 Motion:
Receive and file the Treasurer’s Report for the second quarter of FY2025-26.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
12. AB1234 Reporting Requirements
Motion:
Receive and file the AB1234 Reporting Requirement Schedule for the month of December 2025.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
13. AB1234 Reporting Requirements
Motion:
Receive and file the AB1234 Reporting Requirement Schedule for the month of November 2025.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
14. Ratification of Warrant Registers
Motion:
Ratify the Payroll Registers totaling $340,806.43 dated December 05, 2025, and $308,432.90 dated December 19, 2025.
Ratify the Warrant Registers totaling $926,630.44 dated December 05, 2025, $58,455.64 dated December 15, 2025, and $1,821,154.37 dated December 19, 2025.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
15. Ratification of Warrant Registers
Motion:
Ratify the Payroll Registers totaling $292,759.58 dated November 07, 2025, and $297,605.37 dated November 21, 2025.
Ratify the Warrant Registers totaling $1,975,924.35 dated November 07, 2025, and $4,317,690.42 dated November 21, 2025.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo Public Hearings
16. Community Development Block Grant (CDBG) Prioritization Hearing Finance Manager Gumbish presented the staff report for the CDBG prioritization hearing.
Mayor Abel opened public comment for the public hearing. With no members of the public wishing to speak, the public hearing was closed.
Motion:
1. Allocate the entire final Town's FY2026-27 CDBG allocation to the eligible Town Project Allocate the entire final Town's FY2026-27 CDBG allocation to eligible Town Project Brehm II Turf and Irrigation Project, in accordance with Town's historical project funding allocations.
2. Direct staff to invite non-funded organizations to apply for General Fund or Measure Y Fund Partnership consideration as part of the FY2026-27 budget process.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Mayor Pro Tem Jim Schooler
Seconder: Council Member Jeff Drozd
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo Department Reports
17. 2026 Yucca Valley Animal Shelter Microchip Program
Deputy Town Manager Stueckle presented the staff report, explaining the proposed the reduced cost on a microchip program for 2026.
Mayor Drozd opened public comments.
Cheryl Contopulous, Yucca Valley complemented shelter staff for their recent attention to a particular case relating to a missing dog and looks forward to the next Animal Shelter Committee Meeting.
Susan Herring, Pioneertown complemented shelter staff for their attention to a recent missing dog in the Essig Park area.
Mayor Pro Tem Schooler inquired on the schedule for the next spay and neuter event.
Council Member Denison spoke kindly of the proposed program assisting animal owners to stay connected to their pets.
Mayor Abel thanked the public comments for outreach suggestions and offered to support additional chip readers at Town office locations.
Motion:
Approve the 2026 Yucca Valley Animal Shelter microchip program, establishing no fee microchipping for Town residents and $5.00 microchipping fees for Morongo Basin
County residents for calendar year 2026.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Mayor Merl Abel
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
18. Town-wide Landscape Beautification Program
Public Works Director Qishta presented the staff report for the contract amendment #1 on the design contract with Hermann Design Group for the four beautification areas along Hwy 62.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Mayor Pro Tem Schooler inquired on landscape irrigation at the sites. Qishta explained water meters and irrigation lines will be installed.
Council Member Denison spoke of the drought-tolerant landscaping being planned.
Mayor Abel expressed he would like to see options to improve the landscape without the need for irrigation for cost savings.
Town Manager Yakimow explained staff will bring back options for Council's review.
Motion:
Approve Amendment #1 to Hermann Design Group, Inc. to prepare plans, specifications, and cost estimate for the design of the SR62 Beautification Project in the amount of $85,880.00, extending the Hermann Design Group on-call contract to December 2027 and authorize the Town Manager or designee to sign all related documents.
Result: Passed (Yes 5, No 0, Abstained 0)
Mover: Council Member Robert Lombardo
Seconder: Council Member Rick Denison
Ayes: Merl Abel, Jeff Drozd, Rick Denison, Jim Schooler, Robert Lombardo
19. Temporary Short-Term Term Vacation Rental - Ordinance Review and GIS Map
Presentation
Senior Planner Jerome presented an update on the Town's short-term vacation rental program. Jerome provided a demo of the online GIS map identifying the locations and contact information of the STVR properties in the Town of Yucca Valley.
Deputy Town Manager Stueckle provided additional insight on challenges staff experiences with the current STVR program and noted potential changes needed to provide additional structure for enforcement.
Finance Manager Gumbish provided financial information the STVR revenue generates.
Mayor Abel opened public comments.
Tim Humphreville, Yucca Valley commented on the number of STVRs in his neighborhood and impacts they are creating with traffic, noise and other issues.
Eric Menendez, Twentynine Palms commented on a community group located in Twentynine Palms for the STVR use in the community.
Council Member Lombardo requested to increase the tools for enforcement to support our local residents.
Council Member Drozd spoke favorably of having the GIS map online.
Mayor Pro Tem Schooler complemented the past reviews of the STVR ordinance and spoke of the challenges of the properties that have multiple investors operating the STVR property. Schooler suggested to have only one priority contact for property issues. If owners are not available or responsive, the Town should have enforcement ability.
Limiting cars onsite might need to be lowered to assist with parking and traffic concerns.
Schooler inquired on the administrative hearing process. Managerment companies should be held accountable to assist in reducing issues.
Mayor Abel commented in favor of fellow Council Member suggestions.
No Motion Made.
20. FY 2026-28 Draft Strategic Plan Review
Town Manager Yakimow presented the staff report for the draft 2026-28 strategic plan review and requested input and comments to prepare the final draft.
Mayor Abel opened public comments. With no members of the public wishing to speak, public comments were closed.
Council Member Lombardo would like to have trail enhancements completed at North Park for a better defined trail including benches. Lombardo inquired if an art district designation in Old Town would come under Old Town Specific Plan.
Council Member Drozd expressed he would like a dirt road maintenance plan discussed.
No Motion Made
Public Comments
Cheryl Contopulous, Yucca Valley commented on the recently cancelled Animal Shelter Committee Meeting and expressed additional chip scanners at Town facilities would be very nice.Contopulous commented on the apparently out of balance statistics on shelter animals and spoke favorably on some of the changes already happening.
Norman Shertzman, Yucca Valley spoke of the tumbleweeds in the neighborhood and the lack of clean up by a nearby property owner.
Eric Menendez, Twentynine Palms spoke of concern on the lack of available services for the local unhoused community.
With no other members of the public wishing to speak, Mayor Abel closed public comments.
Staff Reports and Comments
Town Manager Yakimow reported on a recent meeting with the Department of Fish and Wildlife and Senator Ochoa Bogh and announced support by Congressment Obernolte for a sidewalk project on Palm Ave.
Mayor and Council Member Reports and Comments
Mayor Abel commented on new businesses getting established in town and reported on the recent military award luncheon with the Armed Services YMCA.
Announcements
Mayor Abel closed the meeting at 6:36 p.m. in remembrance of Michale Ramos Jr. who recently passed by act of violence in our community.
Respectfully Submitted,
Lesley Copeland, CMC
Town Clerk
Item: 25.
Town of Yucca Valley
Town Council Staff Report
To: Town Council
From: Jessica Rice, Senior Management Analyst
Date: October 12, 2026
Meeting Date: October 20, 2026
Subject: El Nino Preparedness
Recommendation:
That the Town Council receive and file this update regarding the Town of Yucca Valley’s preparedness efforts for the upcoming El Nino and the potential hazards associated with extreme weather.
Prior Review:
N/A
Discussion:
An El Nino may produce periods of heavy rainfall, localized flooding, debris flows, roadway impacts, utility disruptions, and other weather-related emergencies. Town staff are undertaking advanced planning to reduce risk, strengthen public readiness, and support a coordinated regional response.
The Town’s approach emphasizes public outreach, resident preparedness, operational readiness, and collaboration with neighboring jurisdictions and response partners.
Community Preparedness and Public Outreach
Town staff are increasing community outreach and education efforts to help residents understand the potential impacts of El Nino and the steps they can take before severe weather occurs. Public information will emphasize monitoring official weather reports and Town notifications, maintaining awareness of changing road and drainage conditions, and never attempting to drive through flooded roadways.
Residents will be encouraged to assemble or update an emergency kit with water, nonperishable food, medications, flashlights, batteries, first-aid supplies, important documents, and other necessities sufficient to support household members and pets during an emergency.
The Town is alerting residents to sandbag availability and distribution locations. Residents can pick up 10 sandbags per household at the Town’s Public Works Yard and at local fire stations.
When properly placed, sandbags can help create a barrier against flooding caused by heavy rainfall.
The Town’s Public Works Department is ensuring Town equipment is fully operational, contractors that provide street sweeping and supplemental debris removal are lined up, and that the proper signage is ready and available for potential street closures. Staff have also identified locations vulnerable to heavy-rainfall damage and documented existing conditions with photographs to support a potential request for Federal Emergency Management Agency (FEMA) reimbursement for eligible storm repairs.
Town departments will continue reviewing internal response procedures, identifying critical facilities and infrastructure, monitoring drainage and roadway concerns, and confirming communication and resource-coordination protocols.
Interagency Coordination
Town staff recently met with representatives from regional jurisdictions and agencies, including the City of Twentynine Palms, emergency personnel from the Marine Air Ground Task Force Training Command/Marine Corps Air Ground Combat Center (MAGTFTC/MCAGCC), the San Bernardino County Office of Emergency Services (County OES), and the San Bernardino County Public Works Department - Flood Control Division. The meeting addressed collaborative planning and response efforts for El Nino.
Discussion focused on potential hazards, communications, resource coordination, jurisdictional capabilities, and the need for a unified regional response. MAGTFTC/MCAGCC and surrounding communities will continue working together to mitigate anticipated hazards and coordinate response activities.
December Extreme-Weather Exercise
MAGTFTC/MCAGCC is planning an extreme-weather tabletop exercise in December to prepare for potential hazards associated with the upcoming El Nino. The exercise is intended to improve coordination among the Marine Base and surrounding communities, test assumptions and response procedures, clarify partner roles, identify resource or capability gaps, and strengthen mutual support before an actual event to better prepare agencies to support one another.
Next Steps
Town staff will continue coordinating with County OES, MAGTFTC/MCAGCC, the City of Twentynine Palms, local fire agencies, and other regional partners. Staff will also continue public education and preparedness messaging, provide timely information regarding sandbags and emergency resources, and refine Town response plans as new information becomes available.
Ways to Stay Informed
Residents may visit the Emergency Preparedness page on the Town’s website at www.yuccavalley.org for information about current incidents, emergency kits, and preparations for
earthquakes, floods, and other hazards. Residents may also follow the Town of Yucca Valley on Facebook, X (formerly Twitter), Instagram, and Nextdoor.
Residents may register to receive emergency alerts from San Bernardino County. The San Bernardino County Sheriff’s Department and Fire Departments use the Telephone Emergency Notification System (TENS) to send high-speed mass notifications by telephone and text message. Registration is available through the County’s TENS system at https://www.smart911.com/smart911/login.action?lpse=1.
Residents may also download the County’s Ready SB app or obtain additional preparedness information at https://oes.sbcounty.gov/stay-informed/.
National Weather Service: www.weather.gov
Road Conditions: www.sbcountydpw.maps.arcgis.com
211: www.211.org
Alternatives
None
Fiscal Impact:
None
Attachments
1. 10 20 26 El Nino Resident Education Flyer
PREPARE YOUR HOME FOR
YARD CLEAN-UP
Inspect for debris, dead
trees or limbs, outdoor
furniture or other
objects that could be
washed away in rains.
They can clog natual
drainage and cause
flooding.
DRAINS & GUTTERS
Clear debris & ensure
proper functioning. Direct
storm water from roofs,
driveways and patios into
a collection system to
avoid soil saturation. For
homes without, consider
installing.
ROOFS
Inspect your roof, or
hire a roofing
contractor to check for
loose tiles, holes, or
other signs of trouble.
RETAINING WALLS
Inspect retaining wall drains,
surface drains, culverts, ditches,
etc. for obstructions or signs of
malfunction, before the season,
and after every storm.
SLOPES
Inspect sloped areas for signs
of gullying, surface cracks,
slumping, etc. Inspect patios
& walls for signs of cracking
or movement. If problems
are suspected, have a
contractor inspect the site.
STORM DAMAGE
If you notice storm
damage within the
Town's right-ofway, notify Yucca
Valley Public Works.
SANDBAGS
Consider stockpiling sandbags
& plastic sheeting. Sandbags
can be stacked to keep water
from flooding low areas. Plastic
sheeting secured with sand
bags can be placed on slopes
to prevent water from eroding
dirt away. Need sandbags?
Turn page over!
EL NIÑO
With the possibility
of increased rainy
periods in the upcoming year,
the Town of Yucca Valley and the
San Bernardino County Fire Department
want to remind residents to be safe, and to have
their properties prepared for flood conditions
and heavy rain fall!
For more information:
www.elnino.noaa.gov
www.yucca-valley.org
www.sbcfire.org
Town of Yucca Valley Public Works
(760) 369-6575, Option 4
San Bernardino County Fire Office
of Emergency Services
(909) 356-3998
SAFEGUARD YOUR FAMILY
AND POSSESSIONS FROM
EL NIÑO
• Create a safety kit with drinking water, canned food, first-aid, blankets, a radio, and a flashlight.
• Post emergency telephone numbers by the phone and teach your children how to dial 9-1-1.
• Plan and practice a flood evacuation route with your family. Know safe routes from home, work, and school that are on higher ground. • Ask an out-of-state relative or friend to be your emergency family contact.
DEVELOP A FAMILY EMERGENCY PLAN
SAFEGUARD YOUR POSSESSIONS
Create a personal disaster preparedness file containing information about all your possessions and keep it in a secure place, such as a safe deposit box or waterproof container. This file should contain:
• A copy of your insurance policies (Homeowner/Renter) with your agent’s contact information. (Do not assume that you have flood insurance.) • A household inventory: For insurance purposes, it’s best to keep a written and visual (i.e., videotaped or photographed) record of all major household items and valuables, even those stored in attics or garages. • Copies of all other critical documents, including finance records or receipts of major purchases.
• Store important pictures or other irreplaceable items in safe areas or in waterproof containers.
FREE SANDBAGS/SAND
During the El Nino storm season, sandbags are
available to Yucca Valley residents for flood
control purposes to provide a barrier from
flooding to the front door and slider door areas
only. Disposal of sandbags is the resident’s
responsibility.
SANDBAG PICKUP LOCATIONS
Yucca Valley Residents:
can pick up sandbags (up to 10 per household) and sand
at:
Yucca Valley Public Works Yard
58928 Business Center Drive, Yucca Valley
Monday - Thursday from 8:00 AM to 5:00 PM.
Yucca Valley & County Residents:
can pick up sandbags (up to 10 per household) and sand at any of the County of San Bernardino Fire stations listed below 7 days a week from 8:00 AM to 5:00 PM:
FIRE
STATIONS ADDRESS
#41
#42
#36
57201 Twentynine Palms Hwy., Yucca Valley
58612 Aberdeen Drive, Yucca Valley
6715 Park Blvd., Joshua Tree
Sandbags are available while supplies last. Not furnished for home or business construction projects. Not available for contractors. If more sandbags are required, please
purchase at a local hardware store.
AFTER A FLOOD
• Before you re-enter, let qualified
specialists inspect & make repairs
to structural damage & utility
breaks.
• When inspecting your home for the
first time, use a flashlight, not a
torch or lantern. Sniff for gas leaks.
• Wear rubber-soled shoes and
rubber gloves in case of severed
electrical lines.
• Don't turn on electrical switches.
• Check electrical circuits only when
electricity has been shut off.
• Don't use flooded electrical
appliances until they have been
repaired.