Palm Desert City Council - Regular Meeting, December 11, 2025

Transcript text

AI transcript text.

[00:16:02] Mayor Harnick: Okay, welcome everyone.
[00:16:06] Mayor Harnick: Uh, we'll now call the December 11th Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and the Palm Desert Board of Library Trustees meeting to order. Um, can we have—do we want roll call now?
[00:16:29] City Clerk: Yes. Councilmember Nandi,
[00:16:33] Councilmember Nandi: Yes.
[00:16:33] City Clerk: Councilmember Padilla,
[00:16:34] Councilmember Padilla: Here.
[00:16:34] City Clerk: Councilmember Quintanilla,
[00:16:36] Councilmember Quintanilla: Present.
[00:16:36] City Clerk: Mayor Pro Tem,
[00:16:38] Mayor Pro Tem: Here.
[00:16:38] City Clerk: Mayor Harnick,
[00:16:39] Mayor Harnick: Here.
[00:16:40] City Clerk: All council is present.
[00:16:41] Mayor Harnick: Thank you. Um, let's have the Pledge of Allegiance led by Councilmember Prieto, followed by inspiration.
[00:16:55] Councilmember Prieto: Ready... to... stand... nation, indivisible, with liberty and justice for all.
[00:17:21] Councilmember Prieto: So for a little inspiration today, we have something short and sweet from Heraclitus: 'The content of your character is your choice day by day. What you choose, what you think, and what you do is who you become.'
[00:17:40] Mayor Harnick: Okay. Do we have a report out from closed session?
[00:17:44] Staff: No reportable action from closed session this afternoon, Mayor.
[00:17:48] Mayor Harnick: Thank you. Great. Thank you. Do we have a presentation from the golf cart parade? Do we have... there we go.
[00:18:07] Patrick Klene: Good evening, Mayor and members of the City Council. I'm Patrick Klene, Board Chair of the Palm Desert Area Chamber of Commerce and also the Chair of this year's Palm Desert Golf Cart Parade.
[00:18:19] Alyssa Williams: And I'm Alyssa Williams, the CEO at the Palm Desert Area Chamber of Commerce. And we have a video to show you guys today.
[00:22:47] Speaker: Thanks for indulging us with that video. You get to see what 12—well, really like more like 11 months worth of planning in a 15-hour workday on the parade day, all truncated into a 5-minute presentation on video. So we're here tonight to sincerely thank the City of Palm Desert, City Council, city staff for all their continued support of the golf cart parade. From public safety and traffic control to street closures, logistics, and even serving on the committee, the city's partnership allows us to host a safe, well-run, and family-friendly event that continues to grow each year.
[00:23:23] Speaker: The parade would truly not be possible without the city's support behind the scenes. This event brings together residents, visitors, local businesses, and families, and has become a community tradition that reflects the heart of Palm Desert and the pride in the people of this city.
[00:23:40] Speaker: We are incredibly proud of what this parade has become and grateful to work alongside a city that values community connection and collaboration.
[00:23:49] Speaker: So, thank you again for your support and for everything you've done to help make events like this possible. We truly appreciate our partnership with the City of Palm Desert.
[00:23:57] Mayor: Thank you for all you've done, and have you started working on next year's?
[00:24:02] Speaker: No, but—
[00:24:02] Speaker: We've got an ongoing notebook of things that we're going to be doing.
[00:24:06] Speaker: And we have a meeting scheduled in January.
[00:24:08] Mayor: Perfect.
[00:24:09] Speaker: Yeah.
[00:24:09] Mayor: Thank you so much.
[00:24:10] Speaker: Forward to seeing you guys again at the parade next year.
[00:24:12] Mayor: Great. Thank you.
[00:24:19] Mayor: Okay, we will move now to 9B. So, I'll ask the city clerk to provide a staff report, please.
[00:24:27] City Clerk: Thank you, mayor.
[00:24:28] Mayor: Mr. Mahia.
[00:24:29] City Clerk (Mr. Mahia): Uh, this is the annual appointment of the mayor and the mayor pro tem. In accordance with Resolution 2569, priority for mayor is given to the immediate preceding Mayor Pro Tem. Council Member Trouy served as mayor pro tem for the 2025 term and is therefore eligible member for appointment as mayor of 2026. For the position of mayor pro tem, three council members share identical rotation priority. After the mayor's appointment, I'll administer the required tiebreak process.
[00:24:56] Mayor: Okay. Thank you. So, at this point, we need a motion and a second. And I'm
[00:25:00] Mayor Harik: Going to be so bold as to make the motion to appoint Evan Trouy as mayor. May I have a second, please?
[00:25:07] Council Member: I'll second the motion.
[00:25:08] Mayor Harik: May we have a vote?
[00:25:12] City Clerk: Council Member Niscandi.
[00:25:14] Council Member Niscandi: Yes.
[00:25:14] City Clerk: Council Member Pedto.
[00:25:15] Council Member Pedto: Yes.
[00:25:16] City Clerk: Council Member Kintania.
[00:25:17] Council Member Kintania: Abstain. No, just kidding. Yes.
[00:25:21] City Clerk: Mayor Pro Tem Trouy.
[00:25:22] Mayor Pro Tem Trouy: Yes.
[00:25:23] City Clerk: And Mayor Harik.
[00:25:24] Mayor Harik: Yes.
[00:25:25] City Clerk: Motion passed us five to zero.
[00:25:26] Mayor Trouy: Thank you.
[00:25:29] Council Member Kintania: Sorry, I just—I just had to. I couldn't help it.
[00:25:32] Mayor Trouy: All right.
[00:25:49] Mayor Trouy: Okay, there we are. Thank you. All right, here we are. In fact, seat's a little warm. It's a hot seat. All right, so, oh, Anthony, you gave me my cheat sheet. Where's my cheat sheet? There we are.
[00:26:10] Anthony: That's mine.
[00:26:12] Mayor Trouy: Oh, yeah.
[00:26:13] Anthony: That's mine. I've hogged up your space, too.
[00:26:15] Mayor Trouy: Okay. Thank you very much. So, I appreciate the unanimous vote and I look forward to this. Here we are. So, I will now turn it over to our City Clerk to explain the process and guide the Council through the selection of Mr. Mayor.
[00:26:30] Council Member Kintania: Mayor Pro Tem, yes. If I may, before we move to administering a tiebreaker, I would like to make a suggestion. Um, we have this mayoral rotation policy to help reduce certainty—I mean, to produce certainty to the public in a transition of leadership. And I would like to see if we can come to an agreement on a three-year progression amongst us that are tied without going to a tiebreaker. See if we can do it amicably, produce some predictability. And I would start by saying that we're with the presumption that all three of us want to serve as Mayor Pro Tem next. But I've never—I did not have the formal opportunity to defer. So I want to just check in with my colleagues and see and confirm that both of you are interested in serving as Mayor Pro Tem for the year of '26. I feel that part of my priorities in switching to districts was to allow the city to have different voices, and it's a priority for me that you get the opportunity instead of being subjected to a potential three-way tie and not have an opportunity. So within the guidelines of the policy, I will defer and not reject my opportunity, and I would then be in consideration for Mayor Pro Tem for the following year. But my suggestion this year is that you take the position, and I hope that would be amenable to others.
[00:27:58] Council Member Pedto: And I am open to actually deferring as well. Um, Councilwoman Niscandi, do you have a preference of whether you serve now or another year?
[00:28:07] Council Member Niscandi: Well, um, I thought we had this matter. I'm surprised to hear this right now. I thought with our meeting in October, we discussed pulling straws, and I do plan on following whatever the outcome is that we voted on already.
[00:28:28] Mayor Harik: Though not asked, I'd like to—no, just kidding. Um, we worked long and hard to come up with policy and procedure and put a policy in place. And I would suggest when we make those rules, so we do have something to count on, we go by the rules we made. And that rule was according to our ordinance that we put in place and that we voted on, that we pull straws. And I would suggest we go by the rules that are in place.
[00:28:58] Council Member Kintania: For the record, I'd like to establish that the rules did allow for someone to defer if that was their choice. But now, since there are two of us willing to defer, then I think that we should go back to the policy as stated to draw straws. But just to clarify for future conversations, the policy does in fact allow for deferrals.
[00:29:19] Council Member Pedto: And I would like to provide the residents and the staff some certainty in the leadership progression, and we can't guarantee who if the person who serves mayor in '28 or Mayor Pro Tem will be given the opportunity in '29 due to the elections. But um, I think if we can come to an agreement, it sends a good signal that we have a line of progression lined out for the next few years. So—
[00:29:50] Mayor Trouy: So what do we need to move forward?
[00:29:52] Council Member Pedto: So, Councilwoman K—I mean, Niscandi, do you have a preference? Would you like to serve this year? Because I think you have two council people who are willing—
[00:30:00] Council Member: ...to defer.
[00:30:02] Council Member: Uh, I don't want to choose myself. I want to give you equal opportunity. I prefer the drawing of the straws now, but I would have debated this perhaps back in October, but I thought everyone was in agreement on the drawing of straws.
[00:30:23] Council Member: When we had that discussion, I knew that we would have an opportunity to voluntarily defer and come to an amicable agreement. So if we can avoid going to chance, I would prefer that because if we go to chance now, theoretically we would go to chance next year, and so we have two consecutive years of determining our progression of leadership based on chance rather than deliberate intent.
[00:30:50] Council Member: If I may, the request that's on the agenda is only for the 2026 term, and I think it would be imprudent to follow an additional line of succession because, again, we don't know what our individual circumstances may be. But I think that my goal was to defer to increase your opportunity. As I said, you realistically are, I believe, the youngest council member ever elected, and that helps, in my opinion, guide what the future of the city should be, and that was my reason for deferral, to increase your opportunity. Again, I am doing that because those are the core values of why I was fighting for districts, because it benefits the city to have unique perspectives and that consideration. But if you were also potentially deferring, then we should go— we should go with straws.
[00:31:55] Council Member: Okay, then let's go with straws.
[00:31:57] Council Member: Okay.
[00:32:02] Staff: Well, thank you, Mayor. Three council members are tied for a priority under the mayor's rotation rules. Each tied member will have an opportunity to decline, defer, participate. So I will just skip that. Thank you. So, all three members chose to participate. The tie will be resolved by drawing straws. My deputy is holding three identical straws, one of which is the longest. Each council member will draw one straw, and the member who draws the largest straw will serve as Mayor Pro Tem. Council members, please approach the deputy and draw a straw as I call your name. The order is based on the alphabetical order of the last name based on the Secretary of State's randomized alphabet at the most recent election. Based on that order, Council Member Nestandi will draw first, followed by Council Member Pedetto, and then Council Member Kintania.
[00:33:04] Council Member: Is this...
[00:33:28] Staff: So the largest straw was drawn by Council Member Pedetto, who is therefore selected to serve as Mayor Pro Tem. Council members, please return to your original seats so that we can proceed with a motion and vote to conclude the appointment.
[00:33:46] Council Member: Okay. Do we...
[00:33:48] Council Member: ...switch seats?
[00:33:49] Council Member: Uh, do we need to switch seats? Uh, Anthony?
[00:33:53] Staff: I'll beg your pardon. Yeah, sorry. Do we have a motion and a second to appoint Council Member Pedetto as...
[00:34:00] Council Member: I move the approval.
[00:34:02] Council Member: I'll second the motion.
[00:34:06] Staff: Council Member Nestandi.
[00:34:07] Council Member Nestandi: Yes.
[00:34:07] Staff: Council Member Pedetto.
[00:34:09] Council Member Pedetto: Yes.
[00:34:09] Staff: Council Member Kintania.
[00:34:11] Council Member Kintania: Yes.
[00:34:11] Staff: Mayor Pro Tem Truby.
[00:34:12] Mayor Pro Tem Truby: Yes.
[00:34:13] Staff: Mayor Hick. I'm sorry.
[00:34:15] Mayor Hick: I'm just kidding.
[00:34:16] Staff: Council Member Hornick votes yes. Motion passes 5 to 0.
[00:34:20] Mayor Hick: All right. Terrific.
[00:34:22] Mayor Hick: All right. If you don't mind, we're going to take a 10-minute quick recess to reset the dais, to get everybody moved around, etc., etc. So, thank you. Thanks. We'll just take a few moments to get this all reorganized.
[00:34:39] Speaker: I'm glad I got you.
[00:43:34] Speaker: Thank you so much everybody. And next item up is item 9C, a proclamation for Urban Habitat. I would like to invite the representatives from Urban Habitat to join me at the podium.
[00:44:07] Speaker: There we go. Okay.
[00:44:11] Speaker: And I'm going to, if you'll forgive me, I have to use reading glasses because I did not get the LASIK surgery that Jan did, which let her read up close.
[00:44:21] Speaker: Okay. And I got to say, I did attend the event where Urban Habitat was honored and it was huge. It was at the Riverside Convention Center. This was all of San Bernardino and Riverside County Entrepreneur Awards. This is a huge, huge honor. I'm just so proud. So, there we are.
[00:44:38] Speaker: Whereas Urban Habitat, a Palm Desert-based landscape contracting firm founded in 2009, has become a regional leader in sustainable landscape design, construction, maintenance, habitat restoration, and public works projects;
[00:44:53] Speaker: And whereas Urban Habitat competed in the design, engineering, and construction category at the 2025 Spirit...
[00:45:02] Mayor Evan Trouy: ...of the entrepreneur awards presented annually by the Ronald Randall W. Lewis Center for Entrepreneurship at California State University, San Bernardino. And whereas the spirit of the entrepreneur award program founded in 2003 by the Randall W. Lewis Center for Entrepreneurship and now in its 23rd year honors Inland Empire entrepreneurs whose innovation, risk-taking, and business growth strengthen the regional economy. And whereas Urban Habitat distinguished itself among notable peers through its innovation, exemplary project delivery, strong industry reputation, and vision for continued growth, earning recognition as the top construction company in the region. And whereas Urban Habitat was further selected to receive the program's highest honor, the Best of the Best award, recognizing the company that best demonstrates entrepreneurial excellence in innovation, perseverance, value creation, and leadership. And whereas Urban Habitat has contributed significantly to Palm Desert and the Coachella Valley by creating sustainable outdoor environments that enhance quality of life, promote water efficiency, elevate public and private spaces, and support local employment. Now therefore, be it proclaimed that I, Evan Trouy, mayor of the city of Palm Desert, on behalf of the entire city council, do hereby recognize Urban Habitat for its outstanding achievements and extend heartfelt congratulations for earning both the top construction company award and 2025 Best of the Best award, commending its exemplary leadership, innovation, and commitment to excellence. Excellent work. Very, very good.
[00:46:49] Mayor Evan Trouy: And keep in mind a couple things. Their office is not even a quarter mile from our office here. So they are truly a heart of Palm Desert based business. Employ how many people?
[00:46:58] Representative: Uh, 175.
[00:46:59] Mayor Evan Trouy: 175. And you're in the top 200 landscape?
[00:47:02] Representative: 113.
[00:47:03] Mayor Evan Trouy: Number 113 in the nation. So very good. I will defer to you, please.
[00:47:08] Representative: No, you have to. You have to. Mayor, Mayor Trouy won't allow that. No, I'm just kidding. Okay. You don't want to? No, I, I, I just, thank you, Mayor. Thank you, council. And we're happy to be part of the community. We just moved in and upgraded our building. We're happy to partner with the city and the community out there.
[00:47:40] Mayor Evan Trouy: I tell you, most humble. Yeah. Very, very good. Let's take some photos. So, we're going to get a few photos here by city staff with the rest of the council. And...
[00:47:55] Speaker: There we go. Zeke, there we are. His, his speech at the Riverside event was equally humble. So, this is, they have quite an achievement.
[00:48:21] Speaker: It's just...
[00:48:41] Speaker: Where's the mayor? The mayor should...
[00:49:19] Mayor Evan Trouy: Okay, moving on to item 10, city manager comments.
[00:49:24] Mayor Evan Trouy: Do you have any comments for us?
[00:49:26] City Manager: I, I do, mayor. I'll invite up Lieutenant Boris for a quick update and thereafter Randy Chavis will also give an update.
[00:49:39] Lieutenant Boris: Good afternoon everybody. Recently the California Office of Traffic Safety announced their grant awards and I'm happy to report that the city of Palm Desert received a $76,000 grant to support its ongoing enforcement and education programs to help reduce the number of serious injuries and deaths on our roads. Their grant program runs through September of 2026. With that...
[00:50:00] Speaker: Being said, starting tomorrow, we are starting our winter enforcement mobilization. Running December 12th through New Year's Day, Riverside County Sheriff's Office will be having additional officers in patrol looking for drivers suspected of being under the influence of alcohol or drugs. The high-visibility enforcement is an effort to—part is a national effort to get people to drive sober or get pulled over with a goal of stopping suspected impaired drivers who put others at risk. We want to make sure everyone gets home safely so they can celebrate the holiday season with their families and loved ones. Not only is driving impaired illegal, but it's also dangerous and is never acceptable. We're asking everyone to do their part to keep themselves and everyone safe on the roads. With that being said, I want to highlight the move-over law and I want to show you a short video that we're going to start enforcing a little bit more. We already have been, but if the video is available, go and start it.
[00:51:55] Speaker: So with that, starting next year, the move law also is going to apply to any vehicle that has amber lights. So that's going to incorporate your city staff. So please do your part for everybody's safety and move over. So thank you very much.
[00:52:12] Speaker: Director Chavez.
[00:52:13] Director Chavez: Yeah, I'd like to defer to Deputy Director Casey Art to give the presentation.
[00:52:19] Casey Art: Good evening, Mayor and Council. Casey AR, Deputy Director of Public Works. Going to give you a short update on a couple of projects that we have just finished up. First, I'm going to talk about Desert Willow Golf Course. Next slide, please. Oh, here we go. I forgot to click right here. Go. So, we just completed the exterior painting of the Desert Willow Clubhouse. This is what it looked like before. The project began on July 17th. The original exterior colors were darker reddish and purplish tones. They had significantly faded and appeared outdated. Working collaboratively with Desert Willow staff, city staff, and the contractor, the team selected new desert tone colors to create a softer, lighter, and more contemporary appearance.
[00:53:13] Casey Art: And this is, hopefully this, there we go. And that's what it looks like afterwards. The updated colors better complement the existing stone veneer and are expected to perform better under sun exposure, helping reduce the long-term fading. This project was completed on August 14th, one week ahead of schedule. And next we have the Dinosaur Roundabout improvements. The city recently completed a series of targeted safety enhancements at the Dinosaur Roundabouts near the Genesis community. In response to an increase in traffic collisions in the area, after evaluations by both Kinley Horn Associates and HR Green, several improvements were implemented to improve visibility and create a safer driving environment. The project included updated striping and pavement markings, new reflective markers, rubber mountable curbing, and revised signage. Most notably, speed reduction from 45 mph to 50 mph within the roundabouts. These upgrades provide clear guidance for drivers and support smoother, safer traffic flow. So this is what it looked like before we did the improvements, and here's what it looks like today. You can see all of the improvements, and most notably in addition to that, four off-grid solar-powered lighting units were purchased and installed to significantly improve nighttime visibility. The lights offer strong, reliable illumination without impacting nearby residents within the Genesis community and serve as an interim solution until permanent hardwired lighting is available. Overall, these improvements reflect the city's continued commitment to roadway safety, operational efficiency, and reducing collisions on the important corridor. Do I have any questions? Thank you very much. And lastly, I'll invite up Andrea Staley, our HR director, to talk about—
[00:55:00] Andreas Staley: ...our recent internship program. Hello, Mayor and city council members. Andreas Staley, HR director here at the city of Palm Desert and project coordinator for the internship program. So I am happy to share the following video highlighting our internship program which was put together by our very own intern in our marketing area, Annaise. Roll it.
[00:59:30] Andreas Staley: So, I know I am extremely proud of our interns and I'm appreciative for our staff members and as you can tell it's been a beneficial program for both our COD students as well as the city. So before I conclude I do want to mention the interns and supervisors who are here in attendance. So we have Oscar who you all met who did a presentation at a previous council meeting. So Oscar, if you can just stand. And Paul and Pedro, who were staff mentors for development services, Ray who was our library...
[01:00:01] Staff Member: intern, Jose and Cynthia, who were the staff mentors. Annalise, who you saw did the video, Todd, who was the staff mentor, Shawn, who was the finance intern, Michelle, who was the staff mentor, and they tried to sneak away from me, but also Jenna and Carlos, who served as the staff mentors in our IT department. So, thank you everyone. It was fantastic, and we look forward to doing it again.
[01:00:32] Staff Member: That's it. Thank you.
[01:00:34] Staff Member: Nothing additional, Mayor.
[01:00:36] Mayor: Okay. Excellent. That internship program, big fan. Love it. Okay, we move on to item 11. We have mayor and council member reports and requests for action. We're going to start on that side, move to that side. So, if you will, Council Member Quintanilla. Thank you.
[01:00:51] Council Member Quintanilla: Thank you, Mayor. Lots to do and lots to report. The Filipino festival had been rescheduled, and I had the opportunity to attend on the 22nd, and it was packed despite the rain, which was good to see people from all over the valley, including Palm Desert, enjoying the local opportunities to have our culture, and people coming from as far as Los Angeles and San Diego. I attended the McCallum Theater Gala, and that was very neat because I hadn't heard of those artists, and it was surprising to me—not surprising, just the caliber of acts and performers that we have here. I mean, Paul Anka that's coming, and the mariachi performers with the Christmas music. Mayor Trouy and Mayor Pro Tem... we went to the Living Desert Wildlife's donor reception, which was great. We learned about the Patas monkeys and how they are rare even in captivity. We were told how many millions to go they have for the lion exhibit, so I'm sure they'll be back to remind us here. The three of us also attended the Cal State San Bernardino student success topping out, which we were there to sign the final beam, and was a testament to the work that has been done from the community at all different levels of government to benefit students. And community service officer Austin Stacy—Austin does a lot of great work, and she left some of the blue envelope lanyards. So, we have these available, and this is another way to indicate, even if your loved one isn't driving, if they wear the lanyard, this still has the opportunity to inform someone of an invisible disability. And I'll leave some of the POPS luncheon in case you want to talk about that. And Birria Sinaloa, there was a ribbon cutting for them today. Authentic Mexican food, can't get better than that. And that's it for my report. I do have a request for action. There is an herbal supplement which is actually turned lethal, but the FDA can't do anything to regulate it because it is considered a supplement. Kratom is similar to coffee. They're in the same family, but it does have the substances hydroxymitragynine and the synthetics version is available and made and manufactured with greater potency. It's presented as a pain management tool equivalent to morphine. Some people have said it has helped them get off of an opioid addiction, while others are reporting it's causing them addiction to that. It is being sold in gas stations, in tobacco shops, vape stores. And I believe that it's our responsibility as a community not only to educate—because people are assuming, 'Oh, it doesn't say it has THC. It's sold next to the CBDs. This is perfectly safe,' but we don't know the long-term effects. Right now, in San Diego as of 2016, they have banned possession, distribution, sale, and manufacturing. Oceanside has done the same. Newport Beach, no sale or distribution within the city limits. Fresno, Sacramento have banned the sale. Orange County, possession, distribution, sale, including the synthetics. LA County, sale, including the synthetics. Fresno County, synthetic ban only, limited to the natural leaf and in unincorporated areas. And right now, Riverside County says it's legal for those 21 and over and regulated the concentration from the synthetic. But I believe that if we take the approach that some of the other cities have, I feel that it is the best public interest to establish a policy now that bans the sale, possession, distribution, and manufacturing of
[01:05:01] Council Member: ...something when we don't know long-term effects that are causing even psychosis in children because we don't know what's in it. So I humbly ask for my peer support in the name of public health.
[01:05:16] Council Member: I'll support looking at it. Yeah.
[01:05:18] Council Member: Thank you.
[01:05:21] Mayor: Council Member Nandandyi.
[01:05:23] Council Member: I too have a call for action. A longtime business owner reached out to me, and he's actually a golf cart dealer, and he reminded me of the history of golf carts and the making of golf carts being street legal. That all started here in Palm Desert, our predecessors in the 1990s on the City Council, and yeah—
[01:05:49] Council Member: Oh, 1973. Even before the 1990s, we were ground zero for setting the standard that Governor Wilson signed into law that golf carts could operate on the street if they met certain standards. However, leapfrog to today and our city is classifying golf cart dealers as the same as an automotive dealer. Hence, they can only be located near gas stations and the locations are very limited, and their request is to have staff look at perhaps reclassifying golf cart sales as retail versus automotive. The issue got brought up because this particular business owner who's been here for years has to relocate because his lease is up, and he brought it to my attention and I think it makes sense to revisit it.
[01:06:45] Council Member: I support.
[01:06:46] Council Member: Yeah, I would support that. We have an AutoZone in a retail space and they have all kinds of chemicals there and oil, and so I think it makes sense.
[01:06:57] Council Member: Yes, I forgot to leave that part out. There's no gasoline involved.
[01:07:03] Mayor: Thank you, Gina. And on to Council Member Hornick.
[01:07:08] Council Member Hornick: Thank you very much. I have just a few things. We did at RCTC, and I guess that was yesterday, we did move a little further with the train. So we have more money allocated and more planning, and that's going to begin in January. We are on the second level EIR, and it's moving, and it's going—it's going not as fast as we'd like, but there is progress. I did want to mention that we had Cocoa with the Mayor at Carter Elementary on Tuesday, and it was for third to fifth graders. And our fire professionals showed up, inspired many students to want to become firefighters. And also the sheriffs and Deputy Abrego, who you may have seen on that video, showed up and spoke to the students, and they were very inspired. And he was inspirational with requesting they work hard and get good grades. But he talked about his job, and it was a great effort to remind these young people that the sheriffs and firefighters are their friends. So, it was really successful. The other thing, all of us who have dogs, cats, or whatever animal you might have or may have had, our staff has put a Forever Tree next to our dog park. So, if you would like to go and put some sort of ornament on it, kind of commemorating, celebrating your animal, it's there for you at the dog park right near the roundabout where you can go into College of the Desert or go into the YMCA. But please go take an ornament, put something on that tree about your animal, and we can all share that together. And that's what I have.
[01:09:10] Mayor: Terrific. Thank you, Mayor Pro Tem.
[01:09:14] Mayor Pro Tem: I have a request for action. This is our first meeting back since Thanksgiving, and I hope everyone enjoyed the holiday. It allowed me the opportunity to reflect on what I'm thankful for in our community. And one of the things that was really high on that list is the personal liberties we have. November was Palm Springs Pride Month, and I am thankful for my LGBT friends and the liberties they enjoy and that the city is welcoming to everyone. In fact, little known fact, I was the officiant for more than a score of gay and lesbian weddings where I was honored to celebrate couples as they exercise their right to love and marry without
[01:10:00] Council Member: ...discrimination. And it is because I value that freedom with such high regard that I am raising an issue today. Who you love is a matter of personal liberty. And I believe that government must stand strong to protect those liberties. However, I do not believe that government should get in the business of celebrating the private identities of one group over another. The city's current policy gets our role wrong. The government's role should be like that of a neutral referee. We ensure the rules are fair and that everyone's rights are protected. But we do not pick favorites to cheer for. This is a policy that I call personal liberty, government neutrality. When the government uses public facilities to elevate one group, even with the best of intentions, it suggests the implicit prioritization of one group's identity over others. It shifts our focus from what we share as citizens to what separates us into categories. We have reached a point where our community is welcoming and integrated. And we must avoid well-intentioned government speech from creating division where social harmony already exists. More importantly, we don't need a special banner to state our support for the LGBT community because we have resolution 2018-09. That resolution already states our city's commitment to diversity, explicitly affirming our respect for the residents regardless of sexual orientation or gender identity. However, even that resolution could be improved to better reflect our goal of a truly integrated community. So, I'm asking my colleagues to support the direction of asking staff to return with two items. First is an action to rescind resolution 24-038, discontinuing the practice of displaying a banner on city hall. And second, an item to update resolution 2018-09. I want to strengthen that commitment and that document by shifting its focus. In the sixth paragraph of that resolution, it encourages residents to celebrate each other's differences. Instead of celebrating our differences, which emphasizes what separates us, we should pledge to celebrate the values that unite us. And that is how we build an inclusive and welcoming community. So I would say let's move away from distinctions of our demographics and focus on the unity of our community.
[01:12:49] Council Member: I would support revisiting the policy.
[01:12:59] Mayor: Sometimes we ask for a third. Okay.
[01:13:06] Council Member: I, I, I, okay, I support that as well.
[01:13:10] Mayor: Very good. Okay, that's all. All right, so, um, my turn. Uh, busy last couple weeks, but I'll dispense with all the stuff. I think Karina covered a lot of what we did and, um, a lot of fun. But I got to say, uh, with my new role here as mayor, without a doubt, this is the, uh, biggest honor of my life. And it, not the biggest day, Kristen, that would be the birth of my children, wedding day, etc., etc. So, let's make sure we make that distinction. But absolutely, without a doubt, this is the biggest honor of my life that's been bestowed upon me. So, I got a lot of thank yous, uh, that I'd like to cover today, if you'll indulge me. And first thank you actually is to my colleague Jan Harnik. I just, uh, my predecessor here. I have to say, um, that from the day I first met her, we were, she came to my office and wanted to kind of enlist my help in advocating for the CV Link and, um, from that day forward, she's been a great example and a mentor on how to carry herself as a city council person. She has such a, um, terrific way of looking at issues and being very, very thoughtful and deliberate. So, thank you for, for help out, helping me along the way here. Um, thank you also to my colleagues, Karina, Gina, and Joe. Uh, you have definitely made the last year's, uh, three years very productive and collegial and a lot of fun. I just love the way we do business here. I'm so proud to say that we, we agree disagreeably, and I think we do it very, very well, and it's thanks to you and, and the way you all approach the job here. So, thank you very much. Uh, thank you to my wife Kristen, of course, uh, for, um, anyway, thank you, um, but most importantly, thank you, um, to the residents of Palm...
[01:15:00] Council Member Karina: Desert who entrusted me with this responsibility. I promise to discharge my duties faithfully, thoughtfully, and with honor. I love the city of Palm Desert and I promise to serve the city very, very well and to the best of my ability. So, thank you all. I know I have a lot of some people right here in this audience who helped me get here into this position, and I really, really appreciate all the support over the years, and I absolutely will do my best to serve everybody well. Thank you.
[01:15:38] Mayor: Thank you, Karina. I appreciate the offer. We got enough pictures, right, guys? Okay. My brother, my brother's an official photographer there. Thank you. No, I appreciate that. Excuse me. So, we move on to item 12, non-agenda public comments. This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, council members may briefly respond or refer the matter to staff for report and recommendations at a future meeting. And City Clerk, for those on Zoom, if you want to participate in public comment, please click the raise hand button on your computer or smartphone. And if you're joining by calling in on your phone, please dial star nine to raise your hand. And when called upon, press star six to unmute yourself.
[01:16:28] Mayor: All right. All right. And are there any online public comments?
[01:16:32] City Clerk: No online comments.
[01:16:33] Mayor: Perfect. All right. I have here three blue speaker cards on non-agenda public items. We'll start with Mr. Brad Anderson. Is he here this evening? Nope. Okay. We'll move on. We have Miss Susie Hower. She left as well, huh? Wow. Zero for two. But on number three, we have Mr. Steven Nelson for non—I have this as, yeah, non-agenda public comment. Thank you.
[01:17:11] Steven Nelson: Congratulations, Mr. Mayor and Mr. Prom, and members of the City Council, more importantly. Thank you and congratulations on your elections. I'll be direct because the situation calls for accuracy. There's been far too much confusion about who the responsible parties are under the Millennium Specific Plan. And that confusion's created real costs and real frustration for the residents of Genesis and its surrounding communities. First, PDUG, Palm Desert University Gateway, which is currently led by Mr. Doon, is the landowner and the current master association lead. He's not the builder. He didn't construct Genesis or the surrounding parcels. The entity that did build and the one responsible for the unmet obligations is Palm Ventures PA-1. And the list of what they failed to deliver is substantial: the border trees and perimeter wall, the landscaping trees required under the approved plan, monument sign, entrance art, five years of median maintenance, maintenance of the drainage facility, sidewalk installation, and the channel cleaning. These are not minor details. They were core commitments. So, when it was stated that Genesis was in agreement with the narrative presented earlier, that's simply not accurate. Here's what did happen. PDUG stepped in in good faith to cover the items that Palm Ventures should have completed. That's only after years of myself and my board pushing for accountability from the correct party. I also want to remind this council that I stood right here and urged you not to release the performance bonds. Those funds could have covered the $45,000, Mayor Trouy, you asked about earlier, the city has now absorbed. But the bonds were released quickly and without verifying the issues you already knew that were unresolved. So, when I hear the remark that the city may need to bite the bullet and maintain the medians to the Palm Desert standards, I have to push back. As a taxpayer, I take issue with being told we must pay twice: once for an entity's failures, and again through selective enforcement of the agreement against Genesis.
[01:20:02] Speaker: Let me clarify one more point. Genesis has always maintained our internal drainage systems. The city has those on record, but the main drainage facility went unmaintenanced for seven years.
[01:20:15] Mayor: Okay, we are at the three minutes. Uh, Mr. Nelson.
[01:20:20] Mr. Nelson: Okay, very good. Thank you.
[01:20:21] Mayor: Appreciate your comments. Thank you. Okay, we move on to item 13, the consent calendar. All matters listed on the consent calendar are considered routine and may be approved by one motion. The public may comment on any item on the consent calendar for up to three minutes. And are there any online?
[01:20:43] Staff: No online speakers.
[01:20:44] Mayor: Terrific. I have one blue card here from a Miss Lan The Key. I believe I pronounced it correctly. Thank you. This is in regard to item 13J. Is that correct? Okay, very good. You can approach the speaker and there or microphone. And just for clarification, item 13J is we are looking at resolution approval final tract map number 3926.
[01:21:16] Lan The Key: Correct.
[01:21:16] Mayor: Very good.
[01:21:17] Lan The Key: Good evening. Um, we know that it's residential and we concur with that. Of course, we like the first plan that wasn't built when the houses were going to be sideways instead of back to back. Our concern is the 10-foot setback that's just not adequate between developments. This has been done by your planning commission and will probably go through. So, our suggestion is if nothing can be done on this development that you reconsider other future developments. 10 feet is not enough. It just is not. So, that's the only concern. It's not that it's residential. That's what it's zoned for. That's great. And so if nothing's done here, maybe you could look at future developments and do a better setback. The lot behind us, as an example, is going to be less than 2200 square feet. My folks had a condo in Chaparral. They bought when it first opened in '86 or '87. It was 2200 square feet. My sister's there, 2200 square feet. And I think of a house on a lot that size, it's going to be pretty compact and so there really isn't any space. Thank you.
[01:22:38] City Clerk: And can I ask for just one point of clarification? Sure, Mr. City Clerk. Uh, can you please state your address?
[01:22:42] Lan The Key: Uh, 38740 Desert Greens Drive East in Palm Desert Greens.
[01:22:48] Mayor: Very good. Thank you so much.
[01:22:49] Lan The Key: Thank you. Appreciate your help.
[01:22:52] Mayor: Okay.
[01:22:54] Councilmember: Move the balance or move consent.
[01:22:58] Councilmember: Second.
[01:22:59] Staff: I'm sorry. Uh, Mr. Mayor, staff would like to request item 13N pulled for separate discussion. Uh, and this is related to the moving expenses and parking agreement for the Food and Agricultural Department.
[01:23:13] Mayor: Very good. So we will vote on the balance besides 13N.
[01:23:18] City Clerk: Uh, Councilmember Hornik.
[01:23:22] Councilmember Hornik: Yes.
[01:23:23] City Clerk: Councilmember Nandi.
[01:23:24] Councilmember Nandi: Yes.
[01:23:25] City Clerk: Councilmember Kintania.
[01:23:25] Councilmember Kintania: Yes.
[01:23:26] City Clerk: Mayor Pertim Peretto.
[01:23:28] Mayor Pertim Peretto: Yes.
[01:23:28] City Clerk: Mayor Trouy.
[01:23:30] Mayor Trouy: Yes. Motion passes 5 to zero.
[01:23:32] Mayor: Okay. The first item removed for separate discussion was item 13N like Nancy. And this is moving expenses associated with relocation of the California Department of Food and Agriculture from the Parkview building and parking space lease with the State of California for the use of 10 designated parking spaces at 73710 Fred Waring Drive.
[01:23:59] Martine Alver: Good evening, Mayor, members of the City Council. Martine Alver, Director of Economic Development. Um, the California Food and Agricultural Department is the last tenant at Parkview. As you know, the library project's moving forward. Um, we've negotiated a relocation for this tenant. Uh, there are some moving expenses that we're recommending approval of. Um, but we were just recently informed that they no longer need the 10 parking spaces on site, which we're going to be uh via an agreement, a lease agreement. So, we have written confirmation that they no longer need the parking spaces, and we'd like to recommend that we remove number two of the recommendation. And with that, I'm happy to answer any questions you may have.
[01:24:41] Mayor: Any questions for my colleagues?
[01:24:44] Councilmember: May I make a motion?
[01:24:46] Mayor: Okay. So let's...
[01:24:48] Councilmember: I move item, what, I'm sorry, 13N, as it is presented, one, three, and four.
[01:25:01] Speaker: excluding number two.
[01:25:04] Council Member: I'll second.
[01:25:05] Mayor Trupy: Very good.
[01:25:07] City Clerk: Council Member Hearnick.
[01:25:08] Council Member Hearnick: Yes.
[01:25:08] City Clerk: Council Member Nandi.
[01:25:09] Council Member Nandi: Yes.
[01:25:10] City Clerk: Council Member Kintania.
[01:25:11] Council Member Kintania: Yes.
[01:25:11] City Clerk: Mayor Pro Tem Peretto.
[01:25:12] Mayor Pro Tem Peretto: Yes.
[01:25:13] City Clerk: Mayor Trupy.
[01:25:14] Mayor Trupy: Yes.
[01:25:14] City Clerk: Motion passes 5 to zero.
[01:25:17] Mayor Trupy: Terrific. On to item 14A, an introduction of an ordinance deleting section 2.5255 of the Palm Desert Municipal Code to remove outdated email retention provisions. And may we have a staff report, please?
[01:25:40] Damon Levor: Good evening, honorable mayor, city council. Damon Levor, senior deputy clerk. Tonight, staff is recommending an introduction of an ordinance to remove outdated email retention language from the Palm Desert Municipal Code that was adopted back in 2012 and no longer reflects the city's current records management practices. Earlier this year, city council approved and updated citywide records management policy and revised retention schedules. These documents now serve as the authority of source for all city records and recordkeeping requirements, which also include the email retention. Removing the outdated retention language from the ordinance will eliminate any inconsistencies and ensure that email retention is governed by the appropriate policy and records retention schedules. And I'm available for any questions.
[01:26:30] Mayor Trupy: All right, any questions from my colleagues?
[01:26:34] Mayor Trupy: Yeah, Council Member Kintania.
[01:26:37] Council Member Kintania: Thank you. Great to see you. I know that there was a lot of work that was put into getting the language and everything consistent. I know this is a concern that I had raised in the past, whether it's enough time, as I'm thinking so many of our projects get drawn out for a long time, pause, and come back. Is there a way to know if an email was kept that long? Can we just say we're so sorry, we don't know what happened, there's no record of what those conversations were, if they come back after that time?
[01:27:11] Damon Levor: Yeah. And so the citywide records management policy and the records retention schedules only require a two-year minimum. It's just the minimum. And of course, those records could always be kept longer. It's up to staff to identify those emails and make sure that they are archived appropriately. So yes, definitely we could always hold them longer than the 2-year. It's just the two-year minimum. And the way the current ordinance reads, or sorry, the municipal code reads, it's three years plus an additional two, so creating a five-year retention, which is then creating that inconsistency with the policy and the retention schedules as well.
[01:27:51] Council Member Kintania: Perfect. That was my concern. Again, there's starts and stops, and how do we make sure that there's continuity, as mentioned previously, that if the developer isn't following through and there needs to be the email trail. So thank you. Much appreciated.
[01:28:05] Staff: Perfect. Council Member Kintania, if I could just add, there's also litigation holds. So, if we were served with a litigation hold, we would retain any documents that pertain to that litigation until the case is resolved.
[01:28:18] Council Member Kintania: Perfect. Thank you.
[01:28:21] Mayor Trupy: All right. Any other questions? Very good. Any, I guess I will open up now for public comment. Any online?
[01:28:29] Staff: No online public comments.
[01:28:30] Mayor Trupy: And nobody here wants to talk about it.
[01:28:33] Mayor Trupy: All right. Anybody have a motion?
[01:28:36] Council Member: Move.
[01:28:36] Council Member: Second.
[01:28:36] Mayor Trupy: There we go.
[01:28:39] City Clerk: Council Member Hearnick.
[01:28:40] Council Member Hearnick: Yes.
[01:28:40] City Clerk: Council Member Nandi.
[01:28:41] Council Member Nandi: Yes.
[01:28:42] City Clerk: Council Member Kintania.
[01:28:43] Council Member Kintania: Yes.
[01:28:43] City Clerk: Mayor Pro Tem Peretto.
[01:28:44] Mayor Pro Tem Peretto: Yes.
[01:28:45] City Clerk: Mayor Trupy.
[01:28:46] Mayor Trupy: Yes.
[01:28:46] City Clerk: Motion passes 5 to zero.
[01:28:48] Mayor Trupy: Okay. We now move on to item 14B. Introduce an ordinance amending title 15 of the Palm Desert Municipal Code to adopt the 2025 California Building Standards Code by reference with appendices and local amendments and scheduling a public hearing. Take it away.
[01:29:10] Jason Finley: Good evening, honorable mayor, city council. I'm Jason Finley, your chief building official. Before you this evening is an ordinance for adoption and incorporation of local amendments of the 2025 model building codes. Did I do it right?
[01:29:28] Jason Finley: Yes. I like it when that happens. Just a quick background. Every three years the California Building and Standards Commission revises, adopts, and publishes the California model building codes. These revisions are to update, to clarify existing regulations, propose new ones, and to ensure that the safety and health of California buildings are intact. We also use these opportunities to revise and update responsible energy and green building conservation. The official adoption date is July 1st,
[01:30:02] Speaker: 2025 with implementation a couple of weeks from now, January 1st, 2026. New this model code cycle is the California Wildland Urban Interface Code, affectionately known as WOOI. I didn't make that up. That's what we're supposed to call it. And it's designated to promote defensible landscaping and areas, ignition resistant construction, and fire service access.
[01:30:31] Speaker: Now, by default, all jurisdictions, cities and counties fall under the 2025 California model codes January 1st. However, the building commission allows local jurisdictions to have the authority to modify these California codes to fit kind of our jurisdictions. These modifications are based on geographic, climate, and topographical conditions and for permitting and streamlining.
[01:30:54] Speaker: So, with that, there's just a couple of highlights I just want to bring to your attention. We do modify the fire code with recommendations from the fire marshal's office. Usually these are local incident command procedures and structure. There'll be design water and fire flows and fire sprinkler requirements that just kind of fit Palm Desert. We utilize the city's fee schedule rather than the ones that the commission provides in each model code. We also, new to Palm Desert, is every dwelling unit shall be provided with air conditioning facilities capable of maintaining a room temperature of not more than 80°. And this is important because currently the code says you have to maintain heat at 68°. And although this is a tempered climate and it's wonderful in the winter, there's not really a big threat of freezing, although we do get it. However, a hot building can be dangerous and we feel that 80°, although may not be comfortable for some, will keep you relatively safe throughout the summer.
[01:31:56] Speaker: If you've seen those commercials where the truck drives up to the house in the middle of a big storm, plugs it in and lights up the house. Well, we now have provisions in the electrical code that you can temporarily power a residence from electric vehicle.
[01:32:14] Speaker: And, uh, oh, I'm out of order here. I'm out of order. You're out of order. I can just do this from here.
[01:32:21] Speaker: Some of our local amendments for permit administration is restricting complex electrical and mechanical permits to licensed California contractors. These are going to be in the areas of electrical and mechanical. Currently the code says a property owner or contractor can pull a permit. However, we feel that some of the more complex items of the electrical code, like a main service panel, whether residential or commercial, or a changing out of your air conditioning, those require special licenses, and we want to restrict those to California licensed professionals.
[01:32:53] Speaker: We added language to the demolishing of buildings and that processes and permitting to kind of speed that up for internal use. And we added language to temporary certificates of occupancy so that we had a better permit administration of that. We can allow people to get into areas of the building a little bit safer maybe when, you know, construction's just not quite finished.
[01:33:19] Speaker: In October, the governor signed the California Assembly Bill 130 was enacted. And what this is, this introduced restrictions to residential buildings, includes a six and a 10-year moratorium on residential building standards and in an effort to stimulate housing. How this affects Palm Desert is the six-year moratorium of local amendments, kind of what we're doing now, has to stay in place for the next six years. So, we can always increase the code. We can always be more restrictive, but we can never take a step back, and sometimes that is costly to property owners and constituents. So, this kind of places a freeze on that for the next six years. The 10-year moratorium is more geared towards developments and those larger projects to where if they're currently permitted under the 2022 building codes, they would have to, when 2025 comes, have to update those plans and so forth in the next code cycle in 2028. That can be costly with the different provisions that comes through the state building commission. And so what they said is that's a freeze. So if you're under the 2022 now, that you can stay with that for the next 10 years with certain little parameters, but that really made our development community happy because those are costly in design and implementation.
[01:34:35] Speaker: That does come with some challenges unless a jurisdiction can justify the changes in the key areas of emergency standards, home hardening which is wildland urban interface, general plan alignments. Sometimes the state can reject these, and we feel that when we partnered with the city attorney's office, most of our tweaking and local amendments are administrative except for the air conditioning, and I think that's life, health, safety, but most of it is
[01:35:00] Mr. Finley: ...administrative and we're pretty confident that they will not reject it. If they do, we already have a plan B in place and we can address most of this with internal policies.
[01:35:12] Mr. Finley: Next steps, if approved, is a January public hearing, and then after that, we'll be filing the ordinance with the California Building and Standards Commission, as well as the California Department of Housing and Community Development. Staff recommends approval of the ordinance and moving forward with the public hearing, and I'm happy to answer any questions if you have.
[01:35:31] Mayor Trouy: Okay. Thank you, Mr. Finley. Appreciate that. Any questions for my colleagues?
[01:35:37] Councilmember: Joe,
[01:35:39] Councilmember: I had a comment, not a question.
[01:35:42] Councilmember: Mr. Cool is like the go-to DIY mini split air conditioning unit.
[01:35:48] Mr. Finley: Yes.
[01:35:49] Councilmember: This change will prohibit property owners from installing them themselves.
[01:35:55] Mr. Finley: No. No. These mini splits that you can buy at Home Depot, Lowe's, those are DIY friendly. What we're talking about is when you do a conventional upgrade to your house, the refrigerant requires a special license to have, and not anybody can do that. And we wanted to make sure that our local HVAC contractors who have that license can install that because if it's done incorrectly, it can be dangerous.
[01:36:21] Councilmember: Got it.
[01:36:22] Mayor Trouy: Councilmember Keithania, do you have a question?
[01:36:24] Councilmember Keithania: Actually, that brought up a question to mine. Can you repeat what you were talking about a truck pulling up to power a home? I hadn't heard of that. So, clarify what exists and what we're proposing or regulating?
[01:36:36] Mr. Finley: Well, with the advent of EV vehicles, somebody came up with the bright idea of how can we power a house from this. And so through the electrical code, they provided provisions in which we adopted that now have a safe transfer of electricity to temporarily do that in, you know, a power outage or storm. I thought that was kind of cool myself. Of course, I'm a code geek, so I like all this stuff.
[01:37:04] Councilmember Keithania: So, that would be something that could be used, for example, in apartments as well or individual homes.
[01:37:10] Mr. Finley: It doesn't necessarily regulate the type of occupancy, but I would definitely say that if it went beyond a simple EV charger at a single-family residence, we would probably want to study that more, put some policies in place. I know that it's not necessarily for a large commercial complex. Those are the types that a generator would have or a large battery system. You would use that type of application. But this is more for your single-family property owner kind of, 'I just want to power my refrigerator so I don't spoil my food during the storm that we have here twice a year.'
[01:37:44] Councilmember Keithania: That's very, very great to hear. And so I was just thinking in terms of multi-families, or if we know in advance that we'll have a power outage, if there's a way that we can say, 'Now this is acceptable.' Not necessarily that we would be promoting an individual agency or business, but to say this is available.
[01:38:08] Mr. Finley: Yep. It is one of the options of many.
[01:38:10] Councilmember Keithania: That is wonderful. Thank you.
[01:38:12] Mr. Finley: You're welcome.
[01:38:13] Mayor Trouy: Terrific. Anything else? All good. Okay. Thank you very much. I actually will open up to public comment. Anything online?
[01:38:25] City Clerk: No online public comments.
[01:38:26] Mayor Trouy: Terrific. And I don't see any speaker cards or nobody here to speak on the issue. So there we have it. All right. Do we have a motion?
[01:38:37] Councilmember: A motion to approve.
[01:38:39] Councilmember: Second.
[01:38:41] City Clerk: Councilmember Harik?
[01:38:42] Councilmember Harik: Yes.
[01:38:43] City Clerk: Councilmember Nandi?
[01:38:44] Councilmember Nandi: Yes.
[01:38:44] City Clerk: Councilmember Keithania?
[01:38:45] Councilmember Keithania: Yes.
[01:38:46] City Clerk: Mayor Pro Tem?
[01:38:47] Mayor Pro Tem: Yes.
[01:38:48] City Clerk: Mayor Trouy?
[01:38:48] Mayor Trouy: Yes.
[01:38:49] City Clerk: Motion passes 5 to 0.
[01:38:51] Mr. Finley: Thank you.
[01:38:51] Mayor Trouy: Thank you. Appreciate it. Okay, we move on to item 14C.
[01:38:58] Staff: A resident said she left a phone up here somewhere. There it is.
[01:39:03] Mayor Trouy: All right.
[01:39:05] Mayor Trouy: Very good. Okay. Item 14C, a resolution directing staff to prepare amendments to Chapter 8.5 of the Palm Desert Municipal Code and create drilling and maintenance permit requirements and conditions for water wells. Staff report.
[01:39:21] Pedro Rodriguez: Good evening, Mayor Trouy, members of City Council. Pedro Rodriguez, Code Compliance and Support Services Manager. The item before you is a resolution directing staff to prepare amendments to Chapter 8.50 of the Municipal Code to make changes to our existing ordinance in reference to local drilling requirements. So currently, private companies that come in to drill private wells have to go through the County of Riverside. We really have very limited local control to conduct any enforcement activity or permitting. So, this ordinance would direct staff to go back to the drawing board, work with the county. So, in the proposed staff report, there's...
[01:40:00] Pedro: Some key provisions that I've included that are essential for this ordinance, such as them to submit site plans, timelines, construction, fencing, and just things that would increase the quality of life for the surrounding residents during construction. The financial bonding and so forth, in case they fail to complete the project, we have something to fall back on to restore the site or, you know, make any enforcement action or pay ourselves back for abatements. Monitoring and more enforcement tools where we could actually issue citations, stop work, and so forth. The county will hold primary authority over issuing this. We will not be able to stop the county from issuing permits, but we will have the ability to bring them to the table, create a permit process so that we can review and condition and enforce and monitor, and then recommend site restoration at the end. So, you have my staff report. If you have any further questions, I'm here to answer them.
[01:41:02] Mayor Trouy: Any questions for my colleagues?
[01:41:05] Council Member Harnik: I have a comment.
[01:41:06] Mayor Trouy: Okay.
[01:41:07] Council Member Harnik: Thank you for responding and the team that responded. I know this has been a problem up in part of our city, and this is a good response. Thank you.
[01:41:16] Council Member: I agree with Council Member Harnik. I know we had an issue and you guys—I felt like city staff did the best they could under the kind of restricted powers that you had. So I appreciate you expanding that. Quick question though: how often are substantial wells drilled within our city limits? Any idea?
[01:41:34] Pedro: It's hard to say. I think we've had two in the last three, four years, and they've been dead center in residential districts where that's where the quality of life gets affected the most. And I think this proposal that we would bring to you in the future would give us better tools to be able to handle those situations.
[01:41:51] Council Member: Terrific. Thank you, Pedro.
[01:41:53] Mayor Trouy: Anything for Joe?
[01:41:54] Council Member: Agree with...
[01:42:01] Anthony: There were no online comments.
[01:42:03] Mayor Trouy: Oh, very good. I beg your pardon. Yeah. And I don't see any public comments. No blue cards. Thank you, Anthony. Appreciate that.
[01:42:08] City Clerk: Council Member Harnik?
[01:42:10] Council Member Harnik: Yes.
[01:42:10] City Clerk: Council Member Nandi?
[01:42:11] Council Member Nandi: Yes.
[01:42:11] City Clerk: Council Member Quintanilla?
[01:42:13] Council Member Quintanilla: Yes.
[01:42:13] City Clerk: Mayor Pro Tem Peretto?
[01:42:14] Mayor Pro Tem Peretto: Yes.
[01:42:15] City Clerk: Mayor Trouy?
[01:42:16] Mayor Trouy: Yes.
[01:42:16] City Clerk: Motion passes 5 to 0.
[01:42:18] Mayor Trouy: Terrific. Thank you very much. We move on to item 14D, a resolution establishing the spay-neuter partnership program and rescinding the pet reimbursement policy. We have a staff report, looks like from Mr. Daniel Hurtado. Thank you.
[01:42:30] Daniel Hurtado: Good evening, Mayor Trouy, members of the City Council. Daniel Hurtado, Public Safety Analyst. Give me one second to prepare. Tonight, staff will be presenting the proposed Animal Samaritans spay and neuter partnership program and the accompanying resolution to rescind the city's existing pet reimbursement policy and replace it with a more effective voucher-based model. To give some background, the city's pet reimbursement program has been in place since 2010 and expanded several times to include spay and neuter, vaccinations, microchipping, and adoption reimbursements. Despite those expansions and participation, it has remained very low—only 42 residents since 2020. In contrast, earlier this year, the city issued 90 direct-use spay and neuter vouchers, and they were all claimed within one week. This clearly shows that residents respond far more to a simple no-cost voucher system. The Animal Services Subcommittee reviewed this issue on October 30th, 2025, and recommended moving to a voucher-based program with 100% cost coverage up to a funding level of $50,000 annually. Today's participation numbers tell a straightforward story. Since 2020, an average of 10 residents per year have used the current reimbursement model. Residents have consistently shared that the reimbursement process—submitting receipts, forms, and proof—is incumbent and discouraging. In contrast, the direct voucher distributed in 2025 demonstrated a strong demand. Residents clearly prefer a simple and direct access with no upfront cost. There are several reasons why a change is necessary. The current model sees low utilization. Residents must submit documentation and backup. Residents overwhelmingly prefer a voucher rather than paying out of pocket and seeking reimbursement. Reimbursements delay access and reduce participation. Administrative workload is high, but the community impact is low. The existing structure is not aligned with how residents want to access services. The proposed program transitions the city from a reimbursement model to a voucher-based model. Key features include...
[01:45:02] Pedro (Staff): 100% cost coverage for spay and neuter procedures, including microchipping up to four animals per household, which will be consistent with Title 6 of the municipal code. Residents are automatically eligible and only need to show proof of residency. Vouchers will be issued at the Palm Desert Library, which will improve accessibility and outside of normal business hours here at City Hall. The program removes barriers and delivers a simple, equitable, and cost-efficient service.
[01:45:31] Pedro (Staff): What is covered will be surgical labor, anesthesia, medications and supplies, pain management, take-home items, and microchipping. The average total cost is 220 per animal, which allows the city to maximize the impact of the $50,000 allocation.
[01:45:50] Pedro (Staff): How the program will work is residents will obtain a city-issued voucher from the Palm Desert Library. The voucher will be valid for 60 days. The resident provides a voucher to Animal Samaritans at the time of service. Animal Samaritans perform the procedure. They submit a monthly invoice to the city for all completed vouchers. There is no out-of-pocket cost unless the residents elect optional services that are not covered. This approach ensures simplicity for residents and predictable administrative oversight.
[01:46:22] Pedro (Staff): The partnership will include multiple benefits which remove financial barriers for residents, encourage responsible pet ownership, supports animal welfare by reducing pet overpopulation, reduces shelter intake, and improves community safety. This will ensure the city's efficient use of funds and it will reduce admin workload. This is a straightforward, high-impact service model.
[01:46:46] Pedro (Staff): Funding for the program is already available in the animal resources and programs account. The proposed allocation is 50,000 per fiscal year with a three-year not to exceed 150,000. This funding level was endorsed by the animal services subcommittee. Importantly, there will be no impact to the general fund because these funds come from an available balance in the existing animal services budget.
[01:47:11] Pedro (Staff): Before moving to the recommendation, I did just want to highlight the Animal Samaritans and who they are. An overview is that they're a nonprofit which began serving the Coachella Valley in 1978. Their mission is to improve the lives of animals and the people who care for them. Some of their core services are a no-kill shelter, affordable veterinary care, rescue operations, humane education, and animal-assisted therapy. They have three locations here in the Coachella Valley, which will be Thousand Palms Veterinary Clinic, Indio Veterinary Clinic, and the no-kill shelter adoption also in Thousand Palms. Some of the key services and their community programs are that they are a no-kill shelter and they have adoption services for abandoned, stray, and owner-surrendered animals, affordable veterinary care, exams, vaccines, diagnostics, special care, urgent care, and animal companion therapy which services local hospitals, senior centers, schools, and care facilities. Humane education programs promote responsible pet ownership and their animal safety.
[01:48:11] Pedro (Staff): And that was just to highlight a quick background for the Animal Samaritans. So I'll move forward and staff will present two options to the city council tonight. One will be to maintain the current program and continue the existing pet reimbursement program, or option two, which would be to adopt the resolution and do an allocation of 50,000 from the unencumbered animal services fund. And that'll be staff's presentation for this evening. And I'm here to answer questions. Thank you.
[01:48:36] Mayor: Okay. Any questions for my colleagues? Jan,
[01:48:41] Jan (Council Member): The staff report has a recommendation that looks much like option two. Am I reading that correctly?
[01:48:51] Pedro (Staff): That is correct.
[01:48:52] Jan (Council Member): Okay.
[01:48:54] Mayor: Oh, I beg your pardon. Anybody else?
[01:48:56] Council Member: Option two.
[01:48:57] Mayor: Option two. Okay. Krina,
[01:49:00] Krina (Council Member): One comment is to thank the mayor for all of the work that we've done together, for staff, for our code department. Thank you, Pedro, for all of the work that this has come together. And to explain why we got there, because we've heard some people that are in favor or opposed, we made the recommendation within the committee that the more we can offer now, the greater the impact and we can have less pets in the meantime instead of dragging it on for many years and hoping people catch up. So, we're hoping to offer more services in the beginning and hoping for a greater impact. And I'm proud of the direction we're going in.
[01:49:44] Council Member: I don't have any questions, but I do have a comment. What really struck me about this whole process is it was like an exercise in psychology. I mean, the same amount of money devoted there, the same opportunity to get your animal spayed or neutered is there. You just flipped how they get reimbursed. And kudos to the staff for figuring that
[01:50:00] Council Member: ...out and implementing it so successfully. It was really, really clever. It's a great program. I will say I'm the liaison to our Riverside County Animal Services, and at the last meeting last week, I brought up the success of this program in the public comment section period, and I can say it was well-received and we may get a—it may be contagious among our fellow cities. They may adopt a similar program because they're looking—obviously, there's a problem in the county or in the Coachella Valley with too many pets, not enough demand, and this will help us get ahead of it, hopefully. So, great job. Are there any public comments online?
[01:50:44] Staff: No online public comments.
[01:50:46] Mayor Trouy: All right. I see no blue cards. So, anybody want to make a motion?
[01:50:49] Council Member: I make the motion to approve staff recommendation two.
[01:50:51] Council Member: I'll second the motion for option two.
[01:50:55] City Clerk: Council Member Harik?
[01:50:56] Council Member Harik: Yes.
[01:50:57] City Clerk: Council Member Neandi?
[01:50:58] Council Member Neandi: Yes.
[01:50:58] City Clerk: Council Member Kintania?
[01:51:00] Council Member Kintania: Yes.
[01:51:00] City Clerk: Mayor Pro Tem Pedto?
[01:51:02] Mayor Pro Tem Pedto: Yes.
[01:51:03] City Clerk: Mayor Trouy?
[01:51:04] Mayor Trouy: Yes.
[01:51:04] City Clerk: Motion passes 5 to 0.
[01:51:06] Mayor Trouy: Terrific. All right, we move on to Item 15, Public Hearings. Item 15A in the public hearings is approve addendum to General Plan EIR (Environmental Impact Report). Is that correct, Anthony? EIR. All right, I got that right. Updated mobility element and updated transportation study and guidelines. And we have a staff report from Mr. Carlos Flores.
[01:51:28] Carlos Flores: Thank you, honorable Mayor, members of the City Council. Carlos Flores of M Services here to present on a very, very grand effort that we are proud to present in front of you today. Before I turn it over to Mr. Brian Wolf from Fehr & Peers to do a presentation on the topic, I again wanted to present that we are proposing an update to our circulation element, which includes an addendum to our Environmental Impact Report. I just wanted to highlight before I turned it over that this really was a collaborative effort between different departments in our city: Public Works, Capital Projects, and Development Services, as well as input from you all. And we're really appreciative of all that, as well as former staff, some of which I know are listening in, Mr. Nick Maloney, who started this project off. So I just wanted to thank anyone and everyone that commented on this. But with that, I will turn it over to Mr. Brian...
[01:52:24] Carlos Flores: ...and I will control the presentation for you.
[01:52:26] Brian Wolf: Awesome. Sounds good. Thank you, Carlos. And thank you, Council Members. We're here this evening to give the final update on all the changes to the mobility element. So yeah, this wraps up 16 months of work. We've been hard at work engaging with different city departments. Want to highlight some of the past community engagement that took place. We came before Council in February to highlight some of the key issues in the city and some of the initial alternatives. In June, we heard loud and clear from Council that the Portola interchange is a long-term transportation priority for the city. So that is going to be incorporated into this mobility element update. Then in September, we presented some of the key changes to both the active transportation subcommittee as well as Council. And then last month, we had a public hearing with the Planning Commission where we received a lot of positive feedback for the proposed changes to the goals and policies.
[01:53:24] Brian Wolf: Speaking of those new goals and policies, there are three main areas I wanted to highlight before Council. A lot of these address some of the legislation that's come out since 2016 when the last General Plan was updated. The first one relates to safety and adopting a Vision Zero goal and the safe systems approach. And this builds off of the Vision Zero Action Plan that the city recently adopted, as well as the international movement to address fatalities and serious injuries on our roadways. It includes safety improvements for high-injury roadways, updated policies to promote updated design standards, and new safety education programs. The next area is Vehicle Miles Traveled, or VMT. This is the metric that is used in CEQA for transportation impacts that has come out since the last General Plan update. A lot of the policies focus on promoting multimodal travel and encouraging new developments and new development types that minimize the overall burden on the transportation system. And lastly, with transportation resiliency, there is some new policy language in there to ensure that the roadway system can support evacuation needs and also can be resilient to extreme heat and other weather hazards.
[01:54:41] Brian Wolf: Looking at the transportation network changes, three areas we wanted to highlight for Council. First is that Portola interchange again. We heard it is a long-term transportation priority, and the city includes this as part of their mobility element as a first step for this project. Our traffic...
[01:55:00] Presenter: Modeling showed the need for this interchange to address congestion at Monterey and Cook Street, and we'll discuss some action steps for this item at the end of the presentation. The next area is the roadway classifications. We made some minor adjustments to align the general plan with current on-the-ground conditions and accommodate new features to roadways, such as buffered bike lanes. The classifications were also updated to include a maximum right-of-way width, and this is to help support objective design standards and Senate Bill 330.
[01:55:32] Presenter: And lastly, the bike and golf cart network. The city has a strong foundation and has put a lot of work in since 2016. And so this update looks at identifying and closing those last remaining gaps in the network, as well as coordinating with adjacent cities to promote a regional network.
[01:55:51] Presenter: Next area we addressed was truck routes, and this relates to the AB 98 legislation that was adopted in 2024. The truck route changes are intended to avoid sensitive receptors like schools, parks, and other areas where trucks and trucks don't necessarily mix well, and this is formally incorporated into the mobility element. Some of the key changes to highlight include removing the truck route designation on Portola Avenue south of Frank Sinatra, and then on Highway 74 south of Highway 111.
[01:56:25] Presenter: Finally, the update incorporates new transportation study guidelines that are used for the development review process. It includes adopting local VMT thresholds which help support CEQA defensibility. These thresholds build off of the current county thresholds and continue to use the same screening criteria that are currently in use by the county. Since level of service is no longer a CEQA metric, it is still being incorporated into the city's transportation study guidelines as a local planning tool to help identify and address congestion. The policy maintains the current LOS D threshold at intersections while allowing for some additional flexibility in the city center area where other priorities for walkability and maintaining a tight street grid are desired. And lastly, with multimodal analysis, incorporating the Vision Zero goal into the transportation review process by having developments review their potential safety hazards and ensuring that all modes of travel—pedestrians, cyclists, and transit users—can access projects as well. So looking at next steps, the mobility element is part of the general plan's 15 to 20-year horizon. We did prepare an implementation matrix that will help guide the city's actions on this over that timeframe. Some actions we wanted to highlight: first is looking at next steps on the Portola Avenue interchange. The city is working with us to explore what the updated costs and next steps would be needed for that. Next is looking at the truck route network and ensuring that signage and online information is provided to help formalize that. And then lastly, as the city's already been doing and we saw tonight, continue to incorporate those safety improvements as part of future capital projects.
[01:58:18] Presenter: Next slide. So yeah, that wraps up our effort on this. It's been a pleasure working with the city, and happy to answer any questions.
[01:58:27] Mayor: Okay. Looks like we need to move on to... actually, we'll start with any speakers. Public comment on this online?
[01:58:39] City Clerk: No online public comments.
[01:58:41] Mayor: And no blue cards submitted. I don't see anybody approaching the podium to speak on this. So I will close the public hearing. Is there any discussion among my colleagues here? Questions, comments, everything good? Wow. Is there a motion?
[01:58:58] Councilmember: What an amazing process this has been. And this has been really wonderful, and I know the city will benefit. But it has really been incredible, and I thank everybody for all the work they did and all their input. It's got a great result, and I am happy to offer the motion.
[01:59:17] Mayor: Do we have a second?
[01:59:18] Councilmember: Second.
[01:59:20] City Clerk: Councilmember Harnik?
[01:59:21] Councilmember Harnik: Yes.
[01:59:22] City Clerk: Councilmember Nandi?
[01:59:23] Councilmember Nandi: Yes.
[01:59:23] City Clerk: Councilmember Quintanilla?
[01:59:24] Councilmember Quintanilla: Yes.
[01:59:25] City Clerk: Mayor Pro Tem Barretto?
[01:59:26] Mayor Pro Tem Barretto: Yes.
[01:59:26] City Clerk: Mayor?
[01:59:27] Mayor: Yes.
[01:59:27] City Clerk: Motion passes 5 to 0.
[01:59:29] Mayor: Terrific. Thank you. Okay, moving on to Item 15B, reallocation of Community Development Block Grant funds and Palm Desert Housing Authority project modification. And we have a staff report from our 35-year veteran. Is that true?
[01:59:46] Lorena Richie: That is very true.
[01:59:47] Mayor: Amazing. God, I forgot to give you kudos that night directly. That was incredible. So...
[01:59:51] Lorena Richie: Thank you very much.
[01:59:54] Lorena Richie: Good afternoon, honorable Mayor, members of the City Council. Lorena Richie, management analyst for the development...
[02:00:01] Staff: services. The public notice hearing today before you is for the reallocation of the Community Development Block Grant funds, CDBG, and for the Palm Desert Housing Authority project modification for fiscal year 24-25. The city received an annual entitlement for fiscal year 24-25 of $365,446, and the council awarded those funds to different projects on June 27th, 2024. One of the programs was for the grant administration, that is for the oversight, compliance, and reporting purposes. There are currently available funds of $14,987.64 ready to be reallocated. Then May 8th of this year, staff came before the city council because there were available funds from past fiscal years. Council awarded to the Palm Desert Housing Authority $217,756.47 to be used for public infrastructure improvements at any of the 15 properties. Then during a recent bid preparation for the Candlewood apartments in October, staff identified that there was a higher priority where there has been a significant flooding and drainage issue at the Towel Palms Apartments. Staff recommended directing all of the CDBG funds to the Towel Palms Apartments, ready to implement for public facility improvements that would benefit the low-to-moderate residents of that community. Staff is also asking the city council that the available funds from the grant administration be reallocated to the Towel Palms Apartments. With council's approval, staff will reallocate all of the available CDBG funds, which would be $232,744.11, to the Palm Desert Housing Authority, Towel Palms Apartments to take immediate corrective action on the public infrastructure, maximizing the community impact and ensuring the effective use of the federal funds. With that, staff is available to answer any questions. Thank you.
[02:02:38] Mayor: Any questions for my colleagues?
[02:02:41] Mayor: All right. Terrific. And at this time, I will open the public hearing on this item. Are there any speakers online?
[02:02:50] Clerk: No online public comments.
[02:02:52] Mayor: No blue cards. Nobody approaching the mic. Okay. No further speakers. The public hearing is now closed. And that was an impressive report. You said that whole thing down to the penny. It was amazing. All right. Um, any discussion on this item?
[02:03:07] Mayor: All right. Anybody want to make a motion?
[02:03:10] Council Member: So moved.
[02:03:12] Council Member: Second.
[02:03:13] Mayor: Thank you.
[02:03:14] Clerk: Council member Harik.
[02:03:15] Council Member Harik: Thank you, Mr. Rich. Yes.
[02:03:17] Clerk: Council member Nandi.
[02:03:18] Council Member Nandi: Yes.
[02:03:18] Clerk: Council member Kinttonia.
[02:03:19] Council Member Kinttonia: Yes.
[02:03:20] Clerk: Mayor Pro Tem Petto.
[02:03:21] Mayor Pro Tem Petto: Yes.
[02:03:21] Clerk: Mayor Trupy.
[02:03:22] Mayor Trupy: Yes.
[02:03:23] Clerk: Motion passes 5 to zero.
[02:03:25] Mayor: Terrific. Okay. Moving on to item 15C. We are going to introduce an ordinance amending Title 25 and Title 26, two-unit projects and urban lot splits, case number ZA25-00002. Staff report.
[02:03:52] Bobby Keing: Good evening, Mayor and members of the Council. Bobby Keing with the Development Services Department. Today, we'll be presenting a zoning ordinance amendment, case number ZA25-00002, which updates the city's regulations for two-unit projects and urban lot splits as originally implemented under SB 9. Today's public hearing considers the Planning Commission's recommendation to introduce an ordinance amending the Palm Desert Municipal Code. Under state law, the Planning Commission must review and recommend zoning code amendments before Council may introduce an ordinance, which it did on October 21st, 2025. The need for this update is driven by recently enacted Senate Bill 450, which places new limitations and requirements on local SB 9 regulations. To remain in compliance with state law, the city's ordinance must be amended accordingly. Prior to SB 450, SB 9 was signed by Governor Newsom on September 16th, 2021, with the goal of increasing housing supply and affordability. SB 9 contains
[02:05:01] Mr. Miting: Two major components. The first is two-unit projects requiring cities to ministerially approve up to two primary dwelling units on a lot in a single-family zone when applications meet statutory requirements. The second is urban lot splits, requiring cities to ministerially approve parcel maps that subdivide one single-family lot into two legal parcels when state-mandated criteria are met.
[02:05:31] Mr. Miting: On December 16th, 2021, the city council adopted urgency ordinance 1373, which amended PDMC chapter 25.34 and added chapter 26.30 to implement SB 9 locally. This urgency ordinance was readopted on January 13, 2022.
[02:05:54] Mr. Miting: On September 19th, 2024, Governor Newsom signed SB 450, which strengthens and clarifies SB 9. Key provisions include a 60-day timeline requiring cities to approve or deny complete SB 9 two-unit or urban lot split applications within 60 days or they are deemed approved. The use of objective standards, where cities may apply only objective zoning, subdivision, and design standards that already apply in single-family zones.
[02:06:24] Mr. Miting: Expanded state enforcement increases HCD's authority to review local ordinances and actions for compliance and pursue enforcement remedies. And lastly, SB 450's cleanup and clarification provisions correct ambiguities, fix technical inconsistencies, and align SB 9 with related state housing laws to ensure consistent and enforceable implementation.
[02:06:50] Mr. Miting: The ordinance before you updates PDMC provisions related to two-unit projects and urban lot splits to ensure consistency with SB 450. Developed in coordination with our legal counsel at BBK, the amendments establish mandatory 60-day review deadlines, require reliance on objective standards of the underlying zoning district, and integrate state enforcement provisions.
[02:07:12] Mr. Miting: Under the proposed ordinance, the city must approve or deny a complete application within 60 days. If denied, the city must provide written comments identifying deficiencies and how they may be corrected. SB 450 prohibits cities from creating SB 9-specific objective standards, so applicable standards come from the underlying zoning district. By adopting this ordinance, the city maintains local control by ensuring that applicants meet the city's existing objective standards, provides greater predictability for applicants and residents, and reduces exposure to potential enforcement by HCD or the Attorney General.
[02:07:52] Mr. Miting: Under Government Code Section 65852.21(k) and 66411.7(n), ordinances implementing SB 9 and SB 450 are statutorily exempt from CEQA. Therefore, the proposed ordinance is exempt because it implements state-mandated requirements. Public notice for this hearing was provided consistent with PDMC Section 25.60.060, with a notice published in the Desert Sun on November 26, 2025, more than 10 days prior to this meeting. No public comments were received prior to tonight's hearing.
[02:08:29] Mr. Miting: Staff therefore recommends that the city council introduce an ordinance amending the Palm Desert Municipal Code to bring the city's SB 9 regulations into conformance with Senate Bill 450. And this concludes staff's presentation, and I am available for your questions.
[02:08:43] Mayor: Terrific. Any questions for Mr. Miting from my colleagues?
[02:08:48] Council Member: All good.
[02:08:49] Mayor: Okay. Very good. Are there any online comments?
[02:08:54] City Clerk: No online comments.
[02:08:55] Mayor: Oh, sorry. I guess I have to formally open the public hearing. I beg your pardon. Okay. No online public comments. I don't see anybody approaching the mic. No blue cards. So, I now close the public comments. And...
[02:09:08] Council Member: Can I make a comment?
[02:09:10] Mayor: Absolutely.
[02:09:11] Council Member: Thank you for all that you've done to clean up the code. That was something we've known has been very challenging, especially when it comes to housing, because your hands are tied in some regards, and we need to be sure we do it right on our end because we have a housing crisis. So, thank you to you and your team for getting through this and for giving us great recommendations. Thank you.
[02:09:33] Mayor: Terrific. Anyone else for comments or questions? All good. Okie dokie. Anybody care to make a motion?
[02:09:39] Council Member: I'll move.
[02:09:40] Council Member: I second.
[02:09:40] City Clerk: Council Member Harik?
[02:09:44] Council Member Harik: Yes.
[02:09:44] City Clerk: Council Member Nescandi?
[02:09:46] Council Member Nescandi: Yes.
[02:09:46] City Clerk: Council Member Kintania?
[02:09:47] Council Member Kintania: Yes.
[02:09:48] City Clerk: Mayor Pro Tem Pedetto?
[02:09:49] Mayor Pro Tem Pedetto: Yes.
[02:09:49] City Clerk: Mayor Trouy?
[02:09:50] Mayor Trouy: Yes.
[02:09:50] City Clerk: Motion passes 5 to zero.
[02:09:52] Mayor: Terrific. Okay. On to item 15D, urgency ordinance amending section 25.34.030.
[02:10:00] Speaker: Relating to ADUs and JADUs. Staff report.
[02:10:09] Sihei Fernandez: Good evening, Mayor, members of the City Council. My name is Sihei Fernandez, Senior Planner with Development Services, here to present on an ADU urgency ordinance.
[02:10:23] Sihei Fernandez: So, the recommendation is to approve an urgency ordinance under case number ZA25-00003.
[02:10:33] Sihei Fernandez: Recently in October, the governor signed four bills. AB 462 was enacted as an urgency measure taking effect immediately. And then we also have AB 1154, SB 9, and SB 543, which will take effect January 1st, 2025.
[02:11:00] Sihei Fernandez: So, some background. AB 462 is for coastal development permits and disaster-affected areas. This is primarily to address the wildfires that occurred in Southern California. But what it does is, if the following occurs, then we're able to issue a certificate of occupancy for accessory dwelling units without having a primary unit, or if it's in the process. So, if the governor has declared a state of emergency for the county on or after February 1st, 2025, the primary dwelling unit was substantially damaged or destroyed in an event referenced in the state of emergency proclamation, and also that the ADU has been issued construction permits and passed all required inspections.
[02:11:55] Sihei Fernandez: So, only if all of these items apply would this work.
[02:12:02] Sihei Fernandez: For AB 154, this is for our junior accessory dwelling units. Owner occupancy is required only if the JADU shares a bathroom with the main home. If the JADU has its own bathroom, owner occupancy is no longer required. Our JADUs are prohibited from being rented fewer than 30 days statewide. Before it was encouraged, now it's being required. We don't allow for ADUs or JADUs within the City of Palm Desert to be used for the purposes of short-term vacation rentals.
[02:12:44] Sihei Fernandez: For SB 9, this is not to be confused with the SB 9 presentation that just passed, but this is for SB 9 2025. The ordinance requires us to submit an ordinance to HCD. So, cities must submit to HCD within a 60-day timeframe or else our ordinance becomes invalid.
[02:13:07] Sihei Fernandez: If HCD determines that the ordinance is inconsistent, we have 30 days to submit a response or correct the issue, or else our ordinance also becomes invalid. So, we're currently subject to the 60 days, but what this does is it gives it more teeth.
[02:13:29] Sihei Fernandez: So, for SB 543, this clarifies ADU size, number of ADUs, impact fees, and permitting timeline.
[02:13:40] Sihei Fernandez: So, for SB 543, this defines ADU and JADU size limits based on interior livable space. So, it kind of clarifies what's counted. For impact fees, ADUs with 750 or less interior livable space or JADUs with 500 or less are exempt from development impact fees, and units under 500 are also exempt from school fees.
[02:14:12] Sihei Fernandez: So, one of the changes, which before it was an interpretation, was to allow for the combination of ADUs. So, I would say this is one of the bigger changes. So, now the law officially allows combining the different types of ADUs. So, as an example, for a single-family home, before, the idea was you would be allowed to have one ADU and one JADU.
[02:14:40] Sihei Fernandez: Now, you're allowed to have one ADU, a JADU, and a converted ADU, which means you're converting a portion of your house to an ADU. So, now you're allowed to have, as long as it meets the provisions, you're able to have an attached ADU, a detached...
[02:15:00] Mr. Fernandez: ...ADU, and a JADU. So up to four units for a single family home. Also continuing on SB 543, cities are now required to meet a 15 business day completeness check, provide comments, and review submittals. So, it's just making it more aggressive as far as review timelines. For the city, we must approve once the application has been deemed complete for an ADU. We have 60 days from that date to determine whether or not to approve or to deny. And so since now we're required to either approve or deny applications, it creates an appeal process which is going to be going before our Planning Commission. So in the event that we end up denying an application for an ADU, they can file an appeal to the Planning Commission.
[02:16:02] Mr. Fernandez: So, what we're amending here is Palm Desert Municipal Code Section 25.34.030 for accessory dwelling units. This proposed ordinance is an urgency measure, meaning it will take effect immediately upon adoption. The urgency ordinance will still be followed up with a non-urgency ordinance subject to the normal procedures. For CEQA, the adoption of this ordinance is exempt from CEQA since it applies to adopting the state's regulations. Therefore, the adoption of the proposed urgency ordinance is statutorily exempt under Chapter 13 of Division 1 of Title 7 of the California Government Code section.
[02:16:52] Mr. Fernandez: A public hearing notice went out and was published in the Desert Sun on November 26th of this year, and to date, we have not received any public comment.
[02:17:05] Mr. Fernandez: So staff's recommendation tonight is to adopt an urgency ordinance amending Section 25.34.030 of the Palm Desert Municipal Code relating to our accessory dwelling units and junior accessory dwelling units to comply with the recent changes in state law, and finding that the action to be statutorily exempt from CEQA review under Public Resources Code Section 21807. That concludes my presentation. Staff is available for questions.
[02:17:38] Mayor: Terrific. Okay. Any questions for Mr. Fernandez from my colleagues? Let's continue.
[02:17:44] Councilmember: If we can go back to the section discussing SB 543, can you help me understand the visual of how you can have four? So, you are able to have the main dwelling, correct?
[02:17:59] Mr. Fernandez: Correct.
[02:18:00] Councilmember: The separate ADU, and you said up to four. So you could convert a bedroom or a garage into junior units?
[02:18:07] Mr. Fernandez: So you would be able to convert your garage into a junior ADU, and you can still convert a portion of your house into an ADU, and then you still would be able to have a detached ADU. So then it would be three, which previously it was just one ADU and one JADU. But yeah, that's kind of what the major change is.
[02:18:34] Councilmember: And so in the distinction whether you have your separate bathroom or your own bathroom, what does it mean with the owner present?
[02:18:43] Mr. Fernandez: So as of right now, you're required, if you have a junior ADU, you're required to record a covenant stating that the owner is going to be occupying one of the units, either the primary unit or the junior accessory dwelling unit. So with this, if you provide a restroom within the JADU, you wouldn't be required to be on-site.
[02:19:06] Councilmember: Gotcha. So this, for example, since we don't do short-term rentals, this could be a lease overall, or a family member, or whatever. Okay.
[02:19:14] Mr. Fernandez: Correct.
[02:19:15] Councilmember: Perfect. Thank you so much.
[02:19:17] Mayor: Anybody else?
[02:19:19] Mayor: All right. Very good. I will—
[02:19:20] Councilmember: I do.
[02:19:21] Mayor: Go ahead.
[02:19:22] Councilmember: I lost it. Oh, what is the volume of applications we have for ADUs and JADUs under this code section?
[02:19:33] Mr. Fernandez: That is a good question. I would say we see probably a handful a month, around looking at the numbers, between 20 to 30 a year.
[02:19:47] Councilmember: And we have staff that can comply with the timelines, and we're okay there? So that's a question.
[02:19:57] Staff: Well, it is a state mandate, so I don't think we have a choice. So we will.
[02:20:05] Mayor: All right. Terrific. Well, I will now open the public hearing section of this item. Any online public comments, Mr. Clerk?
[02:20:13] Clerk: No online public comments.
[02:20:14] Mayor: Perfect. I don't see anybody here to speak on it. No blue cards. So I'll close the public hearing portion. And any comments or anything else from my colleagues?
[02:20:24] Council Member: I motion approval.
[02:20:25] Mayor: All right. Do we have a second?
[02:20:26] Council Member: Second.
[02:20:27] Clerk: Council member Harik.
[02:20:29] Council Member Harik: Yes.
[02:20:29] Clerk: Council member Nestandi.
[02:20:30] Council Member Nestandi: Yes.
[02:20:31] Clerk: Council member Kintania.
[02:20:32] Council Member Kintania: Yes.
[02:20:32] Clerk: Mayor Pro Tem Petta.
[02:20:34] Mayor Pro Tem Petta: Yes.
[02:20:34] Clerk: Mayor Trippy.
[02:20:35] Mayor Trippy: Yes.
[02:20:36] Clerk: Motion passes 5 to zero.
[02:20:38] Mayor Trippy: Perfect. Okay. Any informational items we need to take care of or close up shop here? Terrific. Okay. Well, there looks like there's no further business to handle. Correct. And at 6:24 p.m. of this day, December 11th, 2025, I do hereby adjourn the meeting. Thank you all for coming. Happy holidays. Happy New Year. We'll see you in January.