HomeMy WebLinkAboutPost-Meeting Agenda Package - Palm Desert City Council - Regular Meeting_Feb26_2026
PALM DESERT CITY COUNCIL
REGULAR MEETING POST-MEETING AGENDA
Thursday, February 26, 2026
Closed Session 3:00 p.m.; Regular Session 4:00 p.m.
Council Chamber, City Hall
73-510 Fred Waring Drive
Palm Desert, California
This is a joint meeting of the Palm Desert City Council, Successor Agency to the Palm Desert
Redevelopment Agency, Palm Desert Housing Authority and the Palm Desert Board of Library
Trustees. Pursuant to Sentate Bill 707, this meeting may be conducted as a hybrid meeting allowing
public access via teleconference or in person, and up to two Councilmembers may attend remotely.
WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website:
www.palmdesert.gov under the “Meeting Agendas” link at the top of the homepage, or on
the City's YouTube Channel.
OPTIONS FOR PARTICIPATING IN THIS MEETING:
OPTION 1: IN PERSON
Attend in person in the Council Chamber, located at 73510 Fred Waring Drive, Palm Desert,
California 92260.
OPTION 2: VIA EMAIL
Send your comments by email to: CityClerk@palmdesert.gov.
Emails received prior to 10:00 a.m. on the day of the City Council meeting will be made part of the
record and distributed to the City Council. Emails will not be read aloud at the meeting.
OPTION 3: LIVE VIA ZOOM
Access via palmdesert.gov/zoom or zoom.us, click “Join Meeting” and enter Webinar ID 833
6744 9572.
1.
OPTION 4: LIVE VIA TELEPHONE
(213) 338-8477 and enter Meeting ID 833 6744 9572 followed by #.1.
Indicate that you are a participant by pressing # to continue.2.
During the meeting, press *9 to add yourself to the queue and wait for the City Clerk to
announce your name/phone number. Press *6 to unmute your line and limit your comments
to three minutes.
3.
Pages
1.CALL TO ORDER - CLOSED SESSION - 3:00 P.M.
2.PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
This time has been set aside for members of the public to address the City
Council on items contained only on the Closed Session Agenda within the three-
minute time limit. Speakers may utilize one of the three options listed on the first
page of this agenda.
3.RECESS TO CLOSED SESSION
4.CLOSED SESSION AGENDA
The following items were considered in closed session:
4.a Closed Session Meeting Minutes: February 12, 2026
4.b Conference with Real Property Negotiations pursuant to Government Code
Section 54956.8
Property Description: APN 630-250-052 (Northwest corner of Portola
Avenue and Haystack Road)
Agency: City of Palm Desert
City Negotiator: Chris Escobedo/Richard Cannone/Martin Alvarez
Negotiating Parties: Marrakesh Country Club (MCC)
Under Negotiation: Price and Terms
5.ROLL CALL - REGULAR MEETING - 4:00 P.M.
6.PLEDGE OF ALLEGIANCE
Mayor Pro Tem Pradetto
7.INSPIRATION
Councilmember Harnik
8.REPORT OF CLOSED SESSION
City Attorney Shah
9.AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a PROCLAMATION - LEADERSHIP COACHELLA VALLEY 25TH
ANNIVERSARY
9
9.b PRESENTATION - LEADERSHIP COACHELLA VALLEY 11
9.c PRESENTATION - RIVERSIDE UNIVERSITY HEALTH SYSTEM, MATURE
ADULT PROGRAM
10.CITY MANAGER COMMENTS
10.a SHERIFF DEPARTMENT UPDATE 19
10.b FIRE DEPARTMENT UPDATE
11.MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Palm Desert City Council Meeting Agenda
October 23, 2025
2
12.NONAGENDA PUBLIC COMMENTS 21
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. Speakers may utilize one of
the three options listed on the first page of the agenda. Because the Brown Act
does not allow the City Council to act on items not listed on the agenda,
members may briefly respond or refer the matter to staff for a report and
recommendation at a future meeting.
13.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 items on the Consent
Agenda within the three-minute time limit. Individual items may be removed by
the City Council for a separate discussion.
RECOMMENDATION:
To approve the consent calendar as presented.
13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND
HOUSING AUTHORITY MINUTES
23
RECOMMENDATION:
Approve the Minutes of February 12, 2026.
13.b APPROVAL OF WARRANT REGISTERS 37
RECOMMENDATION:
Approve the warrant registers issued for the period 2/5/2026 to 2/12/2026.
13.c JANUARY 2026 PROCUREMENT REPORT 61
RECOMMENDATION:
Receive and file the monthly Procurement Report for January 2026.
13.d ADOPTION OF ORDINANCE 1442 APPROVING A THIRD AMENDMENT
TO DEVELOPMENT AGREEMENT 96-1 WITH WVC RANCHO MIRAGE,
INC. FOR DESERT WILLOW, EXTENDING THE TERM TO AUGUST 27,
2026, AND FINDING THE PROJECT EXEMPT UNDER CEQA.
71
RECOMMENDATION:
Adopt Ordinance No. 1442 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT 96-1
BETWEEN THE CITY OF PALM DESERT AND WVC RANCHO MIRAGE,
INC. (FORMERLY STARWOOD) FOR THE DESERT WILLOW,
EXTENDING THE TERM OF THE DEVELOPMENT AGREEMENT BY SIX
(6) MONTHS TO AUGUST 27, 2026, AND FINDING THE PROJECT IS
EXEMPT FROM ENVIRONMENTAL REVIEW IN ACCORDANCE WITH
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
Palm Desert City Council Meeting Agenda
October 23, 2025
3
13.e RATIFICATION OF LETTER SUPPORTING ASSEMBLY BILL 1708
(SOLACHE) – HOMELESS HOUSING, ASSISTANCE, AND
PREVENTION (HHAP) PATHWAYS FOR CITIES ACT
83
RECOMMENDATION:
Ratify the issuance of the letter supporting Assembly Bill 1708 (Solache) -
Homeless Housing, Assistance, and Prevention (HHAP) Pathways for
Cities Act.
13.f RATIFICATION OF LETTER SUPPORTING CITY OF INDIAN WELLS
LOW FLOW CHANNEL PROJECT (PROPOSITION 1 GRANT
APPLICATION)
91
RECOMMENDATION:
Ratify the issuance of the letter supporting the City of Indian Wells’
Proposition 1 grant application to the Coachella Valley Mountains
Conservancy for the Low Flow Channel Capital Improvement Project.
13.g RATIFICATION OF LETTER SUPPORTING CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO COMMUNITY PROJECT FUNDING
REQUEST FOR REGIONAL ENTREPRENEURIAL RESOURCE
CENTERS
95
RECOMMENDATION:
Ratify the issuance of a letter supporting California State University, San
Bernardino’s $2.49 million Community Project Funding request for the
Regional Entrepreneurial Resource Centers program.
13.h AMENDMENT TO THE 2026 CITY COUNCIL LIAISON AND
SUBCOMMITTEE ASSIGNMENTS
101
RECOMMENDATION:
Approve amendments to the 2026 City Council Liaison and Subcommittee
Assignments.
13.i APPROVE A FISCAL YEAR 2025/26 EL PASEO PARKING AND
BUSINESS IMPROVEMENT DISTRICT MID-YEAR BUDGET
ADJUSTMENT AND AMEND THE FG CREATIVE MARKETING
SERVICES CONTRACT.
107
RECOMMENDATION:
Appropriate $50,000 to El Paseo Business Improvement District
Account No. 2714491-4321500 as part of the FY 2025-26 Midyear
Review.
1.
Approve Amendment No. 7 to Contract No. C43370 with FG
Creative to increase the FY 2025-26 not-to-exceed contract
amount from $250,000 to $325,000.
2.
Authorize the City Manager to execute Amendment No. 7 and
make any necessary non-monetary changes to the agreement.
3.
Palm Desert City Council Meeting Agenda
October 23, 2025
4
13.j EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CITY AND
THE CLUB MCC (MARRAKESH COUNTRY CLUB) FOR PROPERTY
KNOWN AS THE HAYSTACK/PORTOLA SITE
167
RECOMMENDATION:
Authorize the City Manager to execute a six-month Exclusive
Negotiation Agreement (ENA) between the City and The Club
MCC (Marrakesh Country Club) for property located at the
northwest corner of Portola Avenue and Haystack Way, and to
execute any related documents necessary to effectuate this action.
1.
Authorize the City Attorney to make any necessary non-monetary
changes to the ENA.
2.
13.k AGREEMENT WITH REGENCY ESTATES HOMEOWNERS’
ASSOCIATION FOR IMPROVEMENTS AT THE TAMARISK ROW
RETENTION BASIN AND ACCEPTANCE OF EMERGENCY ACCESS
EASEMENT
191
RECOMMENDATION:
Approve a Right-of-Entry Agreement for Temporary Access and
Construction with Palm Desert Regency Estates Homeowners
Association for access to repair and restore the Tamarisk Row
Retention Basin.
1.
Authorize repair and restoration improvements to the Tamarisk
Row Retention Basin in an amount not to exceed $200,000.
2.
Authorize the City Attorney to make necessary non-monetary
changes to the agreement.
3.
Authorize the City Manager to execute the agreement and any
other documents necessary to effectuate the taken herewith.
4.
Approve acceptance of Emergency Access Easement Deed
granting emergency access to the Tamarisk Row Retention Basin
to perform emergency repair and maintenance.
5.
Palm Desert City Council Meeting Agenda
October 23, 2025
5
13.l APPROPRIATION OF FISCAL YEAR 2025-26 FUNDS FOR THE
CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT
PROGRAM
207
RECOMMENDATION:
Approve an appropriation of $121,003 in Fiscal Year 2025-26 for
the California Department of Justice (DOJ) Tobacco Grant
Program and establish the related grant project accounts.
1.
Authorize the Director of Finance to appropriate funds from the
General Fund Reserve to the Interfund Transfer Out Account
(Account Number 1104199-450100) in the amount of $121,003,
and transfer into the Tobacco Grant Fund (Account Number
2210000-3910000).
2.
Appropriate $121,003 to the Tobacco Grant Fund Professional
Other No. (Account No. 2214422-4309000).
3.
Authorize the City Manager, or designee, to execute any
amendments, modifications, or extensions to the executed
Memorandum of Understanding.
4.
13.m COVE COMMUNITIES SERVICES COMMISSION AREAS IDENTIFIED
FOR ENHANCED COLLABORATION
217
RECOMMENDATION:
Receive and file report on Cove Communities Services Commission areas
identified for enhanced collaboration.
14.ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time
limit. Speakers may utilize one of the three options listed on the first page of the
agenda.
None.
15.PUBLIC HEARINGS
The public may comment on individual public hearing items within the three-
minute time limit. The applicant or appellant will be provided up to ten minutes to
make their presentation. If other speakers provide comments, the applicant or
appellant will be given an opportunity to offer rebuttal comments for up to three
additional minutes. Speakers may utilize one of the three options listed on the
first page of this agenda.
Palm Desert City Council Meeting Agenda
October 23, 2025
6
15.a INTRODUCTION OF AN ORDINANCE AMENDING CHAPTERS 8.34 AND
8.36 OF THE PALM DESERT MUNICIPAL CODE RELATING TO
TOBACCO RETAILER LICENSING, SMOKING REGULATIONS AND
REGULATION OF KRATOM SALES AND POSSESSION.
221
RECOMMENDATION:
Hold a public hearing and introduce Ordinance No. 1443 entitled, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING CHAPTERS 8.34 AND 8.36 OF THE PALM
DESERT MUNICIPAL CODE RELATING TO TOBACCO RETAILER
LICENSING, SMOKING REGULATIONS, AND REGULATION OF
KRATOM SALES AND POSSESSION AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.”
16.ADJOURNMENT
Palm Desert City Council Meeting Agenda
October 23, 2025
7
17.PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the
designated office for inspection of records in connection with this meeting is the
Office of the City Clerk, Palm Desert Civic Center, 73-510 Fred Waring Drive,
Palm Desert. Staff reports for all agenda items considered in open session, and
documents provided to a majority of the legislative bodies are available for
public inspection at City Hall and on the City’s website at www.palmdesert.gov
by clicking “Meeting Agendas” at the top of the page.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to
comply with the Americans with Disabilities Act (ADA) in all respects. If, as an
attendee or a participant at this meeting, or in meetings on a regular basis, you
will need special assistance beyond what is normally provided, the city will
attempt to accommodate you in every reasonable manner. Please contact the
Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to
inform us of your needs and to determine if accommodation is feasible.
AFFIDAVIT OF POSTING
I, Michelle Nance, Assistant City Clerk of the City of Palm Desert, do hereby
certify, under penalty of perjury under the laws of the State of California, that the
foregoing agenda for the Palm Desert City Council, Successor Agency to the
Palm Desert Redevelopment Agency, Palm Desert Housing Authority and the
Palm Desert Board of Library Trustees, was posted on the City Hall bulletin
board and City website www.palmdesert.gov no less than 72 hours prior to the
meeting.
/S/ Michelle Nance
Assistant City Clerk
Palm Desert City Council Meeting Agenda
October 23, 2025
8
WHEREAS , Leadership Coachella Valley is a nonprofit organization dedicated to
identifying, developing, and inspiring community leaders across the Coachella Valley
to address regional challenges and strengthen civic engagement; and
WHEREAS , for 25 years, Leadership Coachella Valley has provided immersive
educational programs that bring together professionals, community advocates, and
public servants to explore key issues impacting the region, including government,
economic development, education, healthcare, and the environment; and
WHEREAS , through these programs, participants gain valuable insight, build
meaningful relationships, and develop a shared understanding of the opportunities
and challenges facing the Coachella Valley; and
WHEREAS , Leadership Coachella Valley has cultivated generations of leaders who
have gone on to serve the region in business, nonprofit, civic, and public service roles,
contributing to the Valley’s long-term success; and
WHEREAS , the organization’s 25-year legacy reflects a sustained commitment to
leadership development, collaboration, and community empowerment throughout
the Coachella Valley;
NOW, THEREFORE, BE IT PROCLAIMED , that I, Evan Trubee Mayor of the
City of Palm Desert, on behalf of the entire City Council, do hereby
Recognize
and commend the organization for its lasting contributions to leadership, civic
engagement, and regional collaboration.
In Witness Whereof, I have hereunto set my hand and
have caused the Official Seal of the City of Palm Desert,
California, to be affixed this 26th day of February 2026.
9
10
11
Page | 02
Leadership Coachella Valley has
been building informed, connected,
and engaged leaders across the
Coachella Valley for 25 years.
Above: Current Leadership Coachella Valley Class
•Art & Culture
•Sustainability
•Media
•Education
•Economic Drivers
•Government & Justice
•Philanthropy
•Healthcare & Wellness
•History of the Valley
•Housing & Food Challenges
12
Page | 03
Drives Economic
Development
Builds Regional
Awareness
Creates Lasting
Networks
Develops Place-
Based Leadership
Encourages
Volunteerism
13
Page | 04
•From participants to decision-makers
•Careers shaped, confidence built
•Relationships that last decades
Number of participants From public agencies
From education From non-profits
14
Page | 05
More Informed
Residents
Stronger Regional
Collaboration
Increased Civic Trust
and Participation
A Deeper Bench of
Community Leadership
15
Page | 06
•Attend events to engage with current and future leaders
•Identify and recommend promising leaders from your community
•Stay connected as ambassadors for civic leadership
16
T H A N K Y O U
17
18
Riverside County Sheriff’s Department
Update
Two (2) new 2026 BMW R1300RT motorcycles have arrived and are now in
service, enhancing traffic enforcement, special event coverage, and rapid
response capability throughout the City.
19
20
From:Kurt Gibbs
To:City Hall Mail; Jan Harnik; CityClerk; Chris Escobedo; Karina Quintanilla; Gina Nestande; Joe Pradetto; Pedro
Rodriguez; Evan Trubee
Subject:Shadow Mountain Unpermitted Pickleball Courts and Continued Usage
Date:Thursday, February 26, 2026 7:30:43 AM
Dear City Clerk, City Councilmembers, and City Manager,
Please read this correspondence into the record at the City Council
meeting scheduled for February 26, 2026.
We love Palm Desert. We love our neighborhood. The amenities
that Shadow Mountain Resort has to offer, including tennis, golf,
swimming, and dining are an integral part of the neighborhood and
partly why we purchased our home. However, we, along with many
other neighbors near the resort, remain deeply concerned and
dismayed by the continued use of unpermitted pickleball courts at
the property.
The resort’s stated plan to operate a total of eleven courts—
potentially accommodating up to forty-four simultaneous players—
without proper permits is beyond unacceptable. Even with the
three currently operating unpermitted courts, the noise level has
already made quiet enjoyment of our neighborhood extremely
difficult. Pop. Pop. Pop. Pop. Expanding to eleven courts would be
completely destructive to the residential character and livability of
the surrounding area.
It is increasingly clear that the City’s current Noise Ordinance does
not adequately address the unique acoustic impacts of modern
outdoor pickleball. Pop. Pop. Pop. Pop. The sharp, repetitive
impulse sound of paddle striking ball is qualitatively different from
typical ambient recreational noise. As noted by a leading national
21
pickleball land-use attorney, psychoacoustics plays a significant
role in community response because the sound’s character,
frequency, and repetition closely resemble gunshots,
subconsciously inducing fear and heightened irritability. Any
meaningful ordinance update must account not only for decibel
thresholds, but also for sound character, impulsivity, and repetitive
frequency.
We understand that Code Compliance has been in communication
with the Resort. Pop. Pop. Pop. Pop. However, the continued play
on unpermitted courts—and the recent addition of nets to the
newly constructed eight courts—demonstrates that prior directives
have not resulted in compliance. Whether the Resort is unwilling or
unable to comply with the City’s suspension requirements pending
proper permitting, the ongoing violation remains unacceptable.
We respectfully request:
Immediate enforcement action, including removal of the nets
from all unpermitted courts until proper approvals are
obtained.
A comprehensive review and modernization of the City’s Noise
Ordinance to address impulse noise and sound quality
characteristics associated with outdoor pickleball facilities.
Thank you for your attention to this serious matter and for your
commitment to protecting the quality of life in our community.
Respectfully,
Kurt Gibbs
22
Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert
Redevelopment Agency, Housing Authority, and Board of Library Trustees
Minutes
Mayor Pro Tem Joe
*Mayor Pro Tem Pradetto participated remotely in accordance with SB 707
due to illness.
1. CALL TO ORDER - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor Trubee
on Thursday, February 12, 2026, at 2:00 p.m., in the Council Chamber of City Hall,
located at 73-510 Fred Waring Drive, Palm Desert, California.
2. STUDY SESSION TOPICS
2.a SUNLINE TRANSIT AGENCY COMPREHENSIVE OPERATIONAL ANALYSIS
Mona Babauta, CEO and General Manager of SunLine Transit Agency,
presented a PowerPoint on the agency’s comprehensive operational analysis,
encouraged public participation throughout the process, and responded to City
Council inquiries.
2.b PROVIDE DIRECTION ON FUTURE USES OF THE SHERIFF SUBSTATION
Jill Mendoza, Economic Development Manager, narrated a PowerPoint
presentation regarding potential reuse options for the Sheriff Substation at the
Civic Center Campus and responded to City Council inquiries.
Following the discussion, the City Council provided staff direction to proceed with
repurposing the site for future City use.
2.c DISCUSSION AND DIRECTION REGARDING POTENTIAL UPDATES TO
TOBACCO RETAILER LICENSING AND SMOKING REGULATIONS,
INCLUDING COMPLIANCE WITH CALIFORNIA FLAVORED TOBACCO LAWS
AND REGULATION OF KRATOM
Daniel Hurtado, Public Safety Coordinator, presented a PowerPoint and
responded to City Council inquiries.
Sergeant Nelson, Riverside County Sheriff’s Department, provided first-hand
experience regarding an individual under the influence of kratom.
Following the discussion, the City Council directed staff to proceed with Option B,
regulating kratom products and prohibiting synthetic kratom products.
2.d POTENTIAL INDOOR SPORTS COMPLEX PARTNERSHIP
Richard Cannone, Assistant City Manager, and Scott White, of Visit Greater Palm
Springs, presented a PowerPoint on the potential partnership for an indoor sports
complex and responded to City Council inquiries.
The City Council expressed support for continued exploration of a partnership
with Visit Greater Palm Springs to develop an indoor sports complex.
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City of Palm Desert City Council Study Session Minutes
February 12, 2026
2
3. ADJOURNMENT
The City Council adjourned the Study Session at 3:24 p.m.
Respectfully submitted,
_________________________
Michelle Nance
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
24
Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment
Agency, Housing Authority, and Board of Library Trustees
Regular Meeting Minutes
1. CALL TO ORDER - CLOSED SESSION
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Trubee
on Thursday, February 12, 2026, at 3:25 p.m., in the Council Chamber, City Hall, located
at 73-510 Fred Waring Drive, Palm Desert, California.
2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None.
3. RECESS TO CLOSED SESSION
Mayor Trubee adjourned to Closed Session at 3:25 p.m.
4. CLOSED SESSION AGENDA
The following items were considered in closed session:
4.a Closed Session Meeting Minutes: December 11, 2025
4.b Conference with Real Property Negotiations pursuant to Government Code
Section 54956.8
Waring Drive and San Pablo Avenue.
Assessor’s Parcel Numbers (APNs): 627-101-068, 627-101-033, 627-101-
002, 627-101-067 and 627-101-017.
Agency: City of Palm Desert/Successor Agency to the Redevelopment
Agency
City Negotiator: Chris Escobedo/Richard Cannone/Martin Alvarez
Negotiating Parties: City of Palm Desert/Successor Agency to the
Redevelopment Agency and The Pacific Companies
Under Negotiation: Price and Terms
4.c Conference with Legal Counsel regarding Significant Exposure to
Litigation pursuant to Government Code Section 54956.9(d)2
1 case.
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City of Palm Desert City Council Meeting Minutes
February 12, 2026
2
4.d Conference with Legal Counsel regarding Initiation of Litigation pursuant
to Government Code Section 54956.9(d)4
2 cases.
4.e Conference with Labor Negotiators pursuant to Government Code Section
54957.6
1 case.
5. ROLL CALL - REGULAR MEETING - 4:00 P.M.
6. PLEDGE OF ALLEGIANCE
Councilmember Nestande led the Pledge of Allegiance.
7. INSPIRATION
Mayor Pro Tem Pradetto provided words of inspiration.
8. REPORT OF CLOSED SESSION
City Attorney Shah stated that direction was given by the City Council; no reportable
actions were taken.
9. AWARDS, PRESENTATIONS, AND APPOINTMENTS
9.a VISIT GREATER PALM SPRINGS UPDATE
Scott White, Colleen Pace, and Davis Meyer, of Visit Greater Palm Springs,
narrated a PowerPoint presentation and responded to City Council inquiries.
10. CITY MANAGER COMMENTS
10.a DESERT WILLOW AWARD RECOGNITION FROM 59CLUB
John Ramont, Deputy Director of Finance, and Derek White, General Manager of
Desert Willow, recognized Desert Willow and their team for the following awards
received from 59club:
• Gold Flag Destination - Desert Willow Golf Resort
• Leading Individual Golf Visit Experience - Ryan Szydlowski
• Food and Beverage Manager of the Year - Keith Sansone
• Retail Manager of the Year - Brian Lind
• Superintendent of the Year - Chris Bien
11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
Councilmembers provided updates on their attendance at various meetings and events.
Mayor Trubee, with the support of Councilmember Harnik, requested that staff follow up
on traffic safety concerns at the intersection of El Paseo and CA Highway 74.
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City of Palm Desert City Council Meeting Minutes
February 12, 2026
3
12. NON-AGENDA PUBLIC COMMENTS
Chris Christianson, representing the Desert Healthcare District, spoke about the
district's new 5-year strategic plan and public meetings open to Coachella Valley
residents.
Chris Schacter, Palm Desert resident, expressed concern regarding illegal business
advertisements posted in public rights of way and urged strict code enforcement actions
against repeated offenders.
The following individuals spoke in support of allowing adult use of natural Kratom
products and a prohibition on synthetic high-potency Kratom products:
Matthew McHolland, La Quinta business owner
Heather S.
13. CONSENT CALENDAR
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Nestande
To approve the consent calendar, with Item 13.g pulled for separate discussion.
Motion Carried (5 to 0)
13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Nestande
Approve the Minutes of January 22, 2026.
Motion Carried (5 to 0)
13.b APPROVAL OF WARRANT REGISTERS
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Nestande
Approve the warrant registers issued for the period 1/15/2026 to 1/29/2026.
Motion Carried (5 to 0)
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City of Palm Desert City Council Meeting Minutes
February 12, 2026
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13.c RECEIVE AND FILE APPLICATIONS FOR ALCOHOLIC BEVERAGE
LICENSES
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Nestande
Receive and file the applications for Alcoholic Beverage Licenses for:
• D' Coffee Bouteaque at 36901 Cook Street, Suites 8 & 9, Palm Desert, CA
92211-6112
• Red Lobster #6378 at 72291 Highway 111, Palm Desert, CA 92260-2744
Motion Carried (5 to 0)
13.d AMENDMENT TO THE 2026 CITY COUNCIL REGULAR MEETING
SCHEDULE
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Nestande
Approve the cancellation of the regular City Council meeting of September 24,
2026, to accommodate City Council participation in the League of California
Cities Annual Conference.
Motion Carried (5 to 0)
13.e ACCEPTANCE OF A RESIGNATION FROM THE EL PASEO PARKING AND
BUSINESS IMPROVEMENT DISTRICT BOARD
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Nestande
With regret, accept the resignation of David Fletcher from the El Paseo Parking
and Business Improvement District Board effective January 15, 2026.
Motion Carried (5 to 0)
13.f AUTHORIZATION OF ADDITIONAL OUT-OF-STATE TRAVEL
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Nestande
Approve additional out-of-state travel as outlined in the staff report, consistent
with the City’s Travel Policy.
Motion Carried (5 to 0)
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City of Palm Desert City Council Meeting Minutes
February 12, 2026
5
13.g FISCAL YEAR 2025-26 MIDYEAR BUDGET STATUS AND STAFF
ALLOCATION UPDATE
Veronica Chavez, Director of Finance, provided a staff report and responded to
City Council inquiries.
Mayor Pro Tem Pradetto expressed appreciation to staff for its successful budget
management.
Motion by: Mayor Pro Tem Pradetto
Seconded by: Councilmember Quintanilla
1. Receive and file Fiscal Year 2025-26 Midyear Budget Status Update.
2. Adopt Resolution No. 2026-007 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, RATIFYING CHANGES TO
EXHIBIT “A” ALLOCATED POSITIONS OF RESOLUTION NO. 2025-052,
ADOPTING AUTHORIZED CLASSIFICATIONS, ALLOCATED
POSITIONS, SALARY SCHEDULE, AND SALARY RANGES.”
Motion Carried (5 to 0)
13.h RECEIVE AND FILE THE CITY OF PALM DESERT AUDITED ANNUAL
COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR THE FISCAL YEAR
ENDED JUNE 30, 2025
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Nestande
Receive and file the audited Annual Comprehensive Financial Report (ACFR) for
the City of Palm Desert for the fiscal year ended June 30, 2025.
Motion Carried (5 to 0)
29
City of Palm Desert City Council Meeting Minutes
February 12, 2026
6
13.i AWARD A CONSTRUCTION CONTRACT TO TRI-STAR CONTRACTING II,
INC., FOR THE MOUNTAIN VIEW RETENTION BASIN PROJECT (CDR00007)
– CEQA DETERMINATION
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Nestande
1. Award a construction contract no. C50470, including Bid Alternate #1, to
Tri-Star Contracting II, Inc., of Desert Hot Springs, California, in the
amount of $2,082,687.30, plus a $200,000 contingency for unforeseen
expenses.
2. Authorize the Director of Finance to appropriate funds in the amount of
$967,552.30 from unobligated Capital Improvement Fund Reserves to
Account No. 4004159-4219100.
3. Authorize the City Attorney to make necessary non-monetary changes to
the agreement.
4. Authorize the City Manager to execute the agreement and any written
requests for change orders up to the contingency amount, amendments,
and any other documents necessary to effectuate this action, in
accordance with Palm Desert Municipal Code Section 3.30.170(B).
5. Authorize the City Manager to execute the Notice of Completion (NOC)
and the City Clerk to file the NOC upon satisfactory completion of the
Project.
6. Make a finding that the project is categorically exempt from further review
under the California Environmental Air Quality Act (CEQA) Guidelines,
pursuant to Class 1, Section 15301 (Existing Facilities), 15302
(Replacement or Reconstruction), Class 3, Section 15303 (Small
Structures) and 15304 (Minor Alterations to Land) and authorize the City
Engineer to submit Notice of Exemption.
Motion Carried (5 to 0)
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City of Palm Desert City Council Meeting Minutes
February 12, 2026
7
13.j APPROVE AMENDMENT NO. 2 TO ADMINISTRATIVE CONTRACT NO.
A47670, PROFESSIONAL SERVICES AGREEMENT WITH JOHN KALISKI
ARCHITECTS TO ADD A VIEWS ANALYSIS AND RECOMMENDATIONS
COMPONENT AND EXTEND THE CONTRACT THROUGH JUNE 30, 2027
Motion by: Councilmember Quintanilla
Seconded by: Councilmember Nestande
1. Approve Amendment No. 2 to the Professional Services Agreement with
John Kaliski Architects (JKA) to increase the contract amount by $36,677
to incorporate a comprehensive views analysis and recommendations
component into the ongoing contract, for a total not-to-exceed amount of
$264,839.
2. Extend the term of the Professional Services Agreement through June 30,
2027.
3. Authorize the City Attorney to make any non-monetary changes to the
agreement.
4. Authorize the City Manager or designee to execute any change orders or
amendments, including extensions of the agreement, provided such
actions remain within the approved amount.
Motion Carried (5 to 0)
14. ACTION CALENDAR
14.a RESOLUTIONS ADOPTING AMENDMENTS TO THE CITY’S CONFLICT OF
INTEREST CODE AND DESIGNATING CERTAIN APPOINTED BODIES AND
OFFICIALS FOR TRAVEL REIMBURSEMENT AND APPLICABLE ETHICS
AND FISCAL TRAINING REQUIREMENTS
Anthony Mejia, City Clerk, presented the staff report.
Motion by: Councilmember Quintanilla
Seconded by: Mayor Trubee
1. Adopt Resolution No. 2026-008 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING
AN AMENDED CONFLICT OF INTEREST CODE AND RESCINDING
RESOLUTION NO. 2024-070.”
2. Adopt Resolution No. 2026-009 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
DESIGNATING CERTAIN BOARDS, COMMISSIONS, COMMITTEES,
AND TASK FORCES AS ELIGIBLE FOR TRAVEL REIMBURSEMENT
AND IDENTIFYING OFFICIALS SUBJECT TO STATE-MANDATED
ETHICS AND FISCAL TRAINING REQUIREMENTS.”
Motion Carried (5 to 0)
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City of Palm Desert City Council Meeting Minutes
February 12, 2026
8
15. PUBLIC HEARINGS
15.a APPROVAL OF PROPOSED PLAN FOR BOND ISSUANCE BY THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PALM DESERT
FAMILY HOUSING PROJECT LOCATED AT THE NORTHWEST CORNER OF
COOK STREET AND FRANK SINATRA DRIVE (SUPERSEDING
RESOLUTION NO. 2026-001)
Ivan Tenorio, Homeless and Supportive Services Manager, and Jarod Suzuki, of
California Municipal Finance Authority, provided a staff report.
Mayor Trubee opened and closed the public hearing, there being no members of
the public wishing to speak.
Motion by: Mayor Pro Tem Pradetto
Seconded by: Mayor Trubee
1. Conduct the public hearing and receive public comments under the
requirements of the Tax Equity and Fiscal Responsibility Act (“TEFRA”)
and the Internal Revenue Code of 1986, as amended (the “Code”), in
connection with the proposed issuance, in one or more series, of exempt
facility bonds for a qualified residential rental project pursuant to Section
142(a)(7) of the Code by the California Municipal Finance Authority
(“CMFA”), a joint exercise of powers authority and public entity of the
State of California, in an amount not to exceed Fifty Million Dollars
($50,000,000) (the “Bonds”). The Bonds will finance or refinance the
acquisition, construction, improvement and equipping of the Palm Desert
Family Housing Project, a 298 unit multifamily affordable rental housing
development (295 income restricted units and 3 manager units) located at
the northwest corner of Cook Street and Frank Sinatra Drive (APN 694-
200-021) in Palm Desert, California (the “Project”).
2. Adopt Resolution No. 2026-010 entitled, “RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT APPROVING THE
ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
EXEMPT FACILITY BONDS IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $50,000,000 FOR THE PURPOSE OF FINANCING
OR REFINANCING THE ACQUISITION, CONSTRUCTION,
IMPROVEMENT AND EQUIPPING OF PALM DESERT FAMILY
HOUSING AND CERTAIN OTHER MATTERS RELATING THERETO,”
approving the issuance of the Bonds by CMFA for the benefit of Sinatra
Family Housing, LP, a partnership of which Compass for Affordable
Housing (the “Developer”) or a related person to the Developer is the
general partner, to provide for the financing of the Project. Such adoption
is solely for the purpose of satisfying the requirements of TEFRA, the
Code, and California Government Code Sections 6500 et seq. This action
is intended to supersede Resolution No. 2026-001 solely for TEFRA public
approval purposes with respect to the Bonds and the Project.
3. Ratify the Indemnity Agreement previously executed with Sinatra Family
Housing, LP, and authorize the Mayor or City Manager to execute
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City of Palm Desert City Council Meeting Minutes
February 12, 2026
9
Amendment No. 1 to the Indemnity Agreement, in substantially the form
attached.
Motion Carried (5 to 0)
15.b APPEAL OF A DECISION OF THE PLANNING COMMISSION ADOPTING A
MITIGATED NEGATIVE DECLARATION, FINDING THE PROJECT EXEMPT
FROM CEQA UNDER GUIDELINES SECTION 15183, AND APPROVING A
PRECISE PLAN FOR THE CATAVINA RESIDENTIAL PROJECT
Rosie Lua, Director of Development Services, narrated a PowerPoint
presentation and responded to City Council inquiries.
Mayor Trubee opened the public hearing.
David Hubbard, attorney representing the applicant, stated the project is
consistent with the City’s General Plan, zoning, and density standards, and
therefore qualifies for a CEQA exemption under Guidelines Section 15183;
asserted there are no significant or peculiar impacts beyond those addressed in
the 2016 General Plan EIR, and that the mitigation measures imposed are
precautionary and do not disqualify the exemption; requested the Council deny
the appeal and find the project exempt under Section 15183.
Brian Flynn, attorney representing the appellant, requested the Council grant the
appeal and remand the project to the Planning Commission, asserting the project
does not qualify for a CEQA Guidelines Section 15183 exemption because the
mitigation measures are not uniformly applied standards and were developed
specifically for this project; argued an Environmental Impact Report is required
under the fair argument standard, citing potential significant impacts related to
greenhouse gas emissions, biological resources, and other environmental topics,
and contended the Mitigated Negative Declaration is inadequate.
During rebuttal, Mr. Flynn reiterated his position that CEQA Guidelines Section
15183 does not provide a blanket exemption for projects consistent with General
Plan density, and applies only where impacts are addressed by uniformly applied
standards or regulations; emphasized that the Mitigated Negative Declaration
identified impacts requiring mitigation, and asserted those measures are not
uniformly applied citywide standards.
During rebuttal, Mr. Hubbard reiterated that the project qualifies for the CEQA
Guidelines Section 15183 exemption because it is consistent with the City’s
General Plan, zoning, and density standards, and there is no evidence of a
significant and peculiar impact unique to the site; argued that the appellant’s
focus on mitigation measures is irrelevant absent a showing of such peculiar
impacts, and cited Section 15183(h) in support of that position; requested the
Council deny the appeal and confirm the project’s exemption under Section
15183
Mayor Trubee closed the public hearing, there being no members of the public
wishing to speak.
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City of Palm Desert City Council Meeting Minutes
February 12, 2026
10
During the course of the discussion, Councilmembers stated the project is
consistent with the City’s General Plan, zoning, and certified 2016 General Plan
EIR, and that no substantial evidence was presented demonstrating a significant
and peculiar impact unique to the project site; noted the project reflects the
lowest allowable density within the applicable land use designation and is located
on a previously developed site; stated that the Mitigated Negative Declaration
adequately addressed potential impacts and that the requirements of CEQA
Guidelines Section 15183 were satisfied.
Motion by: Mayor Pro Tem Pradetto
Seconded by: Mayor Trubee
Adopt a Resolution 2026-011 entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN APPEAL AND
CONFIRMING THE DECISION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, TO ADOPT AN INITIAL STUDY
MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A PRECISE PLAN
FOR THE CONSTRUCTION OF A 546 SINGLE FAMILY UNIT RESIDENTIAL
COMMUNITY LOCATED SOUTH OF FRANK SINATRA DRIVE AND WEST OF
PORTOLA AVENUE, AND FIND THE PROJECT EXEMPT FROM CEQA
PURSUANT TO STATE CEQA GUIDELINES SECTION 15183.”
Motion Carried (5 to 0)
34
City of Palm Desert City Council Meeting Minutes
February 12, 2026
11
15.c THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT 96-1 WITH WVC
RANCHO MIRAGE, INC. (FORMERLY STARWOOD) FOR THE DESERT
WILLOW WESTIN, AND FIND THE PROJECT EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Siji Fernandez, Senior Planner, narrated a PowerPoint presentation and
responded to City Council inquiries.
Mayor Trubee opened and closed the public hearing, there being no members of
the public wishing to speak.
Motion by: Councilmember Harnik
Seconded by: Mayor Pro Tem Pradetto
Introduce Ordinance No. 1442 entitled, “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A
THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT 96-1 BETWEEN
THE CITY OF PALM DESERT AND WVC RANCHO MIRAGE, INC. (FORMERLY
STARWOOD) FOR DESERT WILLOW WESTIN, EXTENDING THE TERM OF
THE DEVELOPMENT AGREEMENT BY SIX (6) MONTHS TO AUGUST 27,
2026, AND FINDING THE PROJECT IS EXEMPT FROM ENVIRONMENTAL
REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.”
Motion Carried (5 to 0)
16. INFORMATION ITEMS
None.
17. ADJOURNMENT
The City Council adjourned at 6:02 p.m.
Respectfully submitted,
_________________________
Michelle Nance
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary
35
36
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/5/2026 - 2/5/2026
City of Palm Desert
Account Number
02/05/202600006431 ADKINS, MICHAELW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 600.51
02/05/202600006432 ALLEN, FRANKW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 377.62
02/05/202600006433 AVERY, ANNW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 759.85
02/05/202600006434 BASSLER, THOMASW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006435 BISHOP, ROBERTW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 818.30
02/05/202600006436 BLYTHE, BARBARAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 326.68
02/05/202600006437 BO CHENW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 577.98
02/05/202600006438 BRADLEY, DEBRAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 377.62
02/05/202600006439 BROWN, MICHAELW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 952.36
02/05/202600006440 CANALES, CHRISTINAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 598.52
02/05/202600006441 CARRASCO, SYLVIAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 566.93
02/05/202600006442 CECHIN, TERRYW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 956.89
02/05/202600006443 CEHR, DAVIDW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006444 CELAYA , HORACIOW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,668.43
02/05/202600006445 CICCHINI, SUZANNEW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006446 CONLON, PATRICK C.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006447 CRAWFORD, DANNYW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 2,314.46
02/05/202600006448 CROY, HOMERW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 584.50
02/05/202600006449 DARLING, GLORIAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 377.62
02/05/202600006450 HOLLINGER, DIANEW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006451 DIERCKS, MARKW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 146.12
02/05/202600006452 DOYLE, KARENW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 873.80
02/05/202600006453 DRELL, PHILIP D.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006454 ESPINOZA, JOSE LUISW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 2,670.53
02/05/202600006455 FANNING, JODIW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,154.46
02/05/202600006456 FERGUSON, JAMES C.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,257.95
02/05/202600006457 FLINT, DAVIDW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 327.27
02/05/2026Report Date 1Page City and Housing
Docusign Envelope ID: B5E66024-B8C5-4268-B839-2F09DA42A568
37
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/5/2026 - 2/5/2026
City of Palm Desert
Account Number
02/05/202600006458 FOLKERS, RICHARD J.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 377.62
02/05/202600006459 GARCIA, MIGUELW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 952.36
02/05/202600006460 GARNER, PAGEW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,435.34
02/05/202600006461 GAUGUSH, CORAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006462 GIBSON, PAUL S.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006463 GLICKMAN, DEBORAH SCHWARTZW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 2,026.21
02/05/202600006464 GODFREY, BEN ORRINW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006465 GOMEZ, DONNAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,451.48
02/05/202600006466 GONZALES, JESSICAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 2,670.53
02/05/202600006467 GRANCE, RUSSELLW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,243.96
02/05/202600006468 GREENWOOD, MARKW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,451.48
02/05/202600006469 GRIFFIN, ROSALVAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 331.00
02/05/202600006470 HENDERSON, RHONDAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 165.61
02/05/202600006471 HERMANN, DAVIDW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,891.13
02/05/202600006472 HERNANDEZ, ANTHONYW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 952.36
02/05/202600006473 HERNANDEZ, CARLOSW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 2,026.21
02/05/202600006474 HOLTZ, GREGGW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006475 JOHNSON, SONDRAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006476 JOY, PHILLIP E.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,332.07
02/05/202600006476 JOY, PHILLIP E.W1 RETIREE HEALTH STIPEND Retro41190005764192 2/1/2026 726.79
02/05/202600006477 JUDY, JANINE MARIEW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 352.45
02/05/202600006478 KARIMI, BASHIER AHMADW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 377.62
02/05/202600006479 KILPATRICK, SHAWNW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,993.93
02/05/202600006480 KLASSEN, RACHELLE D.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,451.48
02/05/202600006481 KNIGHT, SPENCERW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006482 KNUTSON, LAURELW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 223.50
02/05/202600006483 LEAL, DIANAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,255.36
02/05/2026Report Date 2Page City and Housing
Docusign Envelope ID: B5E66024-B8C5-4268-B839-2F09DA42A568
38
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/5/2026 - 2/5/2026
City of Palm Desert
Account Number
02/05/202600006484 LONGMAN, ELIZABETH M.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 302.10
02/05/202600006485 LOPEZ, PATRICIAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 952.36
02/05/202600006486 MCBRIDE, CRAIGW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 377.62
02/05/202600006487 MCCARTHY, JUSTINW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 701.40
02/05/202600006488 METZ, THOMASW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 2,095.80
02/05/202600006489 MONROE, TONYAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 952.36
02/05/202600006490 MOORE, JANETW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,451.48
02/05/202600006491 MOORE, RUTH ANNW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 377.62
02/05/202600006492 NEELY, MICHAELW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006493 NIEMCZAK, JAYW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 175.61
02/05/202600006494 O'REILLY, MONICAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,318.54
02/05/202600006495 OSBORN, LINDAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 377.62
02/05/202600006496 PONDER, HARTW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 226.46
02/05/202600006497 PRUSINOWSKI, KARENW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 759.85
02/05/202600006498 REAM, LISAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 438.92
02/05/202600006499 RIDDLE, FRANKIEW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 936.22
02/05/202600006500 ROCHA, GRACE L.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,029.28
02/05/202600006501 ROSAS, SERGIOW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006502 RUSSELL, LINDAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 565.65
02/05/202600006503 Sanchez, Maria GloriaW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,668.43
02/05/202600006504 SCULLY, PATRICIA H.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 377.62
02/05/202600006505 CHRISTIANSEN, SHARONW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 377.62
02/05/202600006506 SMITH, STEPHEN R.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006507 SNAKE, CYRILW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,668.43
02/05/202600006508 STANLEY, JANEW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 520.38
02/05/202600006509 SZYMANSKI, BETTYW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,645.01
02/05/202600006510 TOWNSEND, ALANAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 427.97
02/05/2026Report Date 3Page City and Housing
Docusign Envelope ID: B5E66024-B8C5-4268-B839-2F09DA42A568
39
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/5/2026 - 2/5/2026
City of Palm Desert
Account Number
02/05/202600006511 TUCKER, RONW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 598.52
02/05/202600006512 WALKER, DELW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 386.16
02/05/202600006513 WEIL, CHIN-YUW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 598.52
02/05/202600006514 WELLER, DENIW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006515 WHITE, BRYCEW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 352.45
02/05/202600006516 WILCOX, DARINW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 392.28
02/05/202600006517 WITTE, LOCKW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,435.34
02/05/202600006518 WOHLMUTH, JOHNW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 377.62
02/05/202600006519 ZAMARRIPA, AARONW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 952.36
02/05/202600006520 ZAMORA, FLORENTINO G.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 413.74
02/05/202600006521 ZATARAIN, ABELW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,154.46
02/05/202600006522 ZATARAIN, GERARDOW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202600006523 AIR EXCHANGE INCW1 R/M PLYMOVENT EXH SYS - FS#6743310002304220 9161484 262.97
02/05/202600006523 AIR EXCHANGE INCW1 R/M PLYMOVENT EXH SYS - FS#3343310002304220 91616465 719.86
02/05/202600006523 AIR EXCHANGE INCW1 R/M PLYMOVENT EXH SYS - FS#7143310002304220 91616404 1,014.24
02/05/202600006523 AIR EXCHANGE INCW1 R/M PLYMOVENT EXH SYS - FS#3343310002304220 91616368 2,058.02
02/05/202600006524 ALL AMERICAN BUILDING SERVICES INCW1 RTNT 25262212 / C4981020600002110000 PP#3-RTNT -1,857.48
02/05/202600006524 ALL AMERICAN BUILDING SERVICES INCW1 University Park On-St Parking44002002114134 PP#3 37,149.70
02/05/202600006525 ALTUM GROUPW1 CAHUILLA HILLS PARK ADA IMPS44002004004618 10560 13,473.75
02/05/202600006526 AMAZON CAPITAL SERVICES INC.W1 50 1099 NEC Tax Form Envelopes42110001104159 1H7C-MXYJ-WVCF 81.42
02/05/202600006526 AMAZON CAPITAL SERVICES INC.W1 Desk Fan42110001104150 1M1C-H4VM-VWKF 24.16
02/05/202600006526 AMAZON CAPITAL SERVICES INC.W1 CERTS&HOLDERS COUNCIL42110001104110 19WH-1CC4-4D7Y 93.74
02/05/202600006526 AMAZON CAPITAL SERVICES INC.W1 CTYCLRK OFFICE SUPPLIES42110001104111 19WH-1CC4-4D7Y 210.88
02/05/202600006526 AMAZON CAPITAL SERVICES INC.W1 PVC Cards for ID Badge Printer42190001104154 17V1-RLQT-WQKC 20.45
02/05/202600006527 CHUCK, BRADW1 ADV CPRS CONF-BC 03/09-1211501001100000 ADV 0326BC-REG 900.00
02/05/202600006528 CITY EMPLOYEES ASSOCIATES LLCW1 PDEO DUES through 1/202621613001100000 PDEOJAN26 2,050.00
02/05/202600006529 CONDOR, INCW1 RETENTION PUMP ROOM RENO -PDAC20600002420000 RTN-PP01 -8,100.00
02/05/2026Report Date 4Page City and Housing
Docusign Envelope ID: B5E66024-B8C5-4268-B839-2F09DA42A568
40
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/5/2026 - 2/5/2026
City of Palm Desert
Account Number
02/05/202600006529 CONDOR, INCW1 RETENTION PUMP ROOM RENO -PDAC20600002420000 RTN-PP02 -6,954.20
02/05/202600006529 CONDOR, INCW1 RETENTION PUMP ROOM RENO -PDAC20600002420000 RTN-PP03 -8,962.50
02/05/202600006529 CONDOR, INCW1 PUMP ROOM RENOVATION - PDAC44001002424549 PP01 162,000.00
02/05/202600006529 CONDOR, INCW1 PUMP ROOM RENOVATION - PDAC44001002424549 PP02 139,084.00
02/05/202600006529 CONDOR, INCW1 PUMP ROOM RENOVATION - PDAC44001002424549 PP03 179,250.00
02/05/202600006530 CYNTHIA HERNANDEZW1 OC PERFORMERS REIMB CH 1.15.2643120002524662 OC PERF CH 1.15 17.85
02/05/202600006531 DE VERA, MARIEW1 JU-DC25 RIDESHARE GIFT CARDS11501002380000 58-2025 905.00
02/05/202600006532 DESERT AIR CONDITIONING INC.W1 R/M HVRC SRVS - STATE BLDS-TAX20702005100000 268821 -3.13
02/05/202600006532 DESERT AIR CONDITIONING INC.W1 R/M HVAC SRVS - SHERIFF CTR43695005104195 268806 2,071.50
02/05/202600006532 DESERT AIR CONDITIONING INC.W1 R/M HVRC SRVS - STATE BLDG43696025104195 268821 40.15
02/05/202600006532 DESERT AIR CONDITIONING INC.W1 R/M HVRC SRVS - STATE BLDG43696025104195 268821 1,161.54
02/05/202600006532 DESERT AIR CONDITIONING INC.W1 R/M HVRC SRVS - STATE BL S-TAX43696025104195 268821 3.13
02/05/202600006533 ESPINOZA, EFRENW1 01/23/26 SAFETY FOOTWEAR - EE43915001104300 BOOTREIMB-EE0126 250.00
02/05/202600006534 FEDERAL EXPRESS CORP.W1 SHIPPING COSTS50004544204370 9-150-37091 9.66
02/05/202600006535 FRIENDS OF THE DESERT LIBRARIESW1 SALES REIMBURSE 7/1-9/30/2522837006100000 003 4,625.44
02/05/202600006535 FRIENDS OF THE DESERT LIBRARIESW1 LIBRARY TRUST REIMBURSE22837006100000 004 6,726.01
02/05/202600006536 GARCIA, RACHELW1 OC PERFORMERS REIMB RG 1.15.2643120002524662 OC PERF RG 1.15 17.85
02/05/202600006537 GONZALEZ BURDICK , MAXW1 OC PERFORMERS REIMB MG 1.15.2643120002524662 OC PERF MG 1.15 17.85
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 LTD Premium 08/202521607001100000 291727938319 4,762.32
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 LTD Difference 08/202521607001100000 291727938319 6.36
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 LTD Premium 09/202521607001100000 291725321116 4,818.05
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 LTD Difference 09/202521607001100000 291725321116 66.21
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 LTD Premium 10/202521607001100000 291724608306 4,997.15
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 LTD Difference 10/202521607001100000 291724608306 -14.46
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 LTD Premium 11/202521607001100000 291724659552 4,921.92
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 LTD Difference 11/202521607001100000 291724659552 31.79
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 Life and AD&D Premium 08/202521610001100000 291727938319 2,593.76
02/05/2026Report Date 5Page City and Housing
Docusign Envelope ID: B5E66024-B8C5-4268-B839-2F09DA42A568
41
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/5/2026 - 2/5/2026
City of Palm Desert
Account Number
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 Life and AD&D Difference8/202521610001100000 291727938319 0.54
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 Life and AD&D Premium 09/202521610001100000 291725321116 2,635.36
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 Life and AD&D Difference9/202521610001100000 291725321116 36.32
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 Life and AD&D Premium 10/202521610001100000 291724608306 2,731.55
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 Life and AD&D Differenc10/202521610001100000 291724608306 -12.35
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 Life and AD&D Premium 11/202521610001100000 291724659552 2,685.69
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 Life and AD&D Differenc11/202521610001100000 291724659552 19.49
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 STD Premium 08/202521618001100000 291727938319 2,476.43
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 STD Difference 08/202521618001100000 291727938319 57.56
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 STD Premium 09/202521618001100000 291725321116 2,435.95
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 STD Difference 09/202521618001100000 291725321116 40.84
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 STD Premium 10/202521618001100000 291724608306 2,442.93
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 STD Difference 10/202521618001100000 291724608306 33.86
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 STD Premium 11/202521618001100000 291724659552 2,344.58
02/05/202600006538 HARTFORD LIFE AND ACCIDENTW1 STD Difference 11/202521618001100000 291724659552 132.21
02/05/202600006539 HR GREEN PACIFIC, INC.W1 Stormwater Drainage Infrastruc44001002134370 197586 9,949.00
02/05/202600006540 IWALANI VENERABLEW1 FEB26 PAYMENT FOR PGRM VENDOR43900002524662 0209 450.00
02/05/202600006541 JENNIFER AGUILARW1 ADV CJPIA MEI JA 2/2-2/5/2611501001100000 ADV CJPIA MEI 301.00
02/05/202600006541 JENNIFER AGUILARW1 ADV CJPIA MILE JA 2/2-2/5/2611501001100000 ADV CJPIA MILE 135.43
02/05/202600006542 JOE A. GONSALVES & SONW1 FEB26 State Lobbying Svc43090001104112 164094 3,000.00
02/05/202600006543 M & M SWEEPING INCW1 DC25 CITYWIDE STREET SWEEPING43320001104310 70159 17,351.67
02/05/202600006543 M & M SWEEPING INCW1 DC25 PRKNG LOT SWEEP - CY43310001104330 70159 370.83
02/05/202600006543 M & M SWEEPING INCW1 DC25 PRKNG LOT SWEEP - CC43321001104610 70159 833.33
02/05/202600006543 M & M SWEEPING INCW1 DC25 PRKNG LOT SWEEP - PARKS43325011104611 70159 670.83
02/05/202600006543 M & M SWEEPING INCW1 DC25 PRKNG LOT SWEEP - ENTRADA43921011104614 70159 269.17
02/05/202600006543 M & M SWEEPING INCW1 DC25 PRKNG LOT SWEEP - PDAC43311012424549 70159 194.17
02/05/202600006543 M & M SWEEPING INCW1 DC25 PRKNG LOT SWEEP - PP E/W43091032774373 70159 647.50
02/05/2026Report Date 6Page City and Housing
Docusign Envelope ID: B5E66024-B8C5-4268-B839-2F09DA42A568
42
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/5/2026 - 2/5/2026
City of Palm Desert
Account Number
02/05/202600006543 M & M SWEEPING INCW1 DC25 PRKNG LOT SWEEP - PP III43091032824373 70159 458.33
02/05/202600006543 M & M SWEEPING INCW1 DC25 PRKNG LOT SWEEP PARKVIEW43696015104195 70159 204.17
02/05/202600006544 MARIPOSA LANDSCAPES INCW1 WEED ABATEMENT - STREETS43320001104310 117931 2,534.00
02/05/202600006545 MERCHANTS BUILDINGW1 XTRA JANITORIAL SRV -CITY HALL43326001104340 930138 260.00
02/05/202600006546 MIDWEST TAPE LLCW1 FY2526 - Sales Tax Adj 1%20702002520000 508334420 -1.63
02/05/202600006546 MIDWEST TAPE LLCW1 FY2526 PHYSICAL DVD AND BLUE R42112002524662 508334420 177.06
02/05/202600006546 MIDWEST TAPE LLCW1 FY2526 - Sales Tax Adj 1%42112002524662 508334420 1.63
02/05/202600006546 MIDWEST TAPE LLCW1 Sales Tax 8.75% - Difference20702002520000 508284468 -1.12
02/05/202600006546 MIDWEST TAPE LLCW1 FY2526 PHYSICAL DVD AND BLUE R42112002524662 508284468 128.04
02/05/202600006546 MIDWEST TAPE LLCW1 Sales Tax 8.75% - Difference42112002524662 508284468 1.12
02/05/202600006547 NOSSAMAN LLPW1 CFD ADVICE LGL 12.31.2543015001104121 587613 1,368.50
02/05/202600006547 NOSSAMAN LLPW1 BOND ADVICE LGL 12.31.2543090001104159 587614 476.00
02/05/202600006547 NOSSAMAN LLPW1 N SPHERE SPL TAX BOND 12.31.2544001004004258 587612 6,201.00
02/05/202600006548 PALM DESERT CHAMBER OF COMMERCEW1 PDCC Emerging Leaders Program43091021104430 77214 1,250.00
02/05/202600006549 PATTON DOOR & GATEW1 R/M DOORS - 1% SALES TAX20702002300000 102776 -1.00
02/05/202600006549 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS - FS #3343310002304220 102776 107.75
02/05/202600006549 PATTON DOOR & GATEW1 R/M DOORS - 1% SALES TAX43310002304220 102776 1.00
02/05/202600006550 PROPER SOLUTIONS INC.W1 LIBRARY TMP EMP 1/9/2643003002524662 17818 1,643.60
02/05/202600006550 PROPER SOLUTIONS INC.W1 01/23/26 PW TEMP AROMERO43003001104300 17853 894.00
02/05/202600006550 PROPER SOLUTIONS INC.W1 CTYCLRK TMP EMP BRANDY 1.9.2643003001104111 17817 1,490.00
02/05/202600006550 PROPER SOLUTIONS INC.W1 FY2526 TEMP PROFESSIONAL SERVI43003002524662 17833 1,643.60
02/05/202600006550 PROPER SOLUTIONS INC.W1 FY2526 TEMP PROFESSIONAL SERVI43003002524662 17852 1,643.60
02/05/202600006551 PYE BARKER FIRE & SAFETYW1 JN-MR26 FIRE MONITOR-STATE43696025104195 7556286 247.20
02/05/202600006552 RICHARDS WATSON & GERSHON INCW1 DEC 25 HAF LGL SVC43015008734195 256804 3,803.34
02/05/202600006552 RICHARDS WATSON & GERSHON INCW1 OCT 25 HAF LGL SVC43015008734195 255933 482.46
02/05/202600006553 ROBERT HALFW1 Temp Acc. C. Staviski 1.16.2643003001104150 65837230 2,558.00
02/05/202600006553 ROBERT HALFW1 Temp Acc. C. Staviski 1.9.202643003001104150 65815843 2,046.40
02/05/2026Report Date 7Page City and Housing
Docusign Envelope ID: B5E66024-B8C5-4268-B839-2F09DA42A568
43
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/5/2026 - 2/5/2026
City of Palm Desert
Account Number
02/05/202600006554 SANTOS , RAYMUND CW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 1,255.36
02/05/202600006555 SHUSTER ADVISORY GROUP LLCW1 ADVSRY FEE 401a 457b RHS AUG2543090001104159 9310 2,083.33
02/05/202600006556 STAPLES BUSINESS ADVANTAGEW1 Cable Sleeve42110001104154 6053338352 32.35
02/05/202600006556 STAPLES BUSINESS ADVANTAGEW1 Scissors, Expo Markers, Eraser42110001104159 6053338354 27.46
02/05/202600006557 TKE ENGINEERING INCW1 Eldorado Speed Data Collection43320002134311 2025-1566 1,520.00
02/05/202600006557 TKE ENGINEERING INCW1 Walk & Roll - Ph 3 - Nov25 Svc50001032134633 2025-1724 15,245.00
02/05/202600006557 TKE ENGINEERING INCW1 Walk & Roll - Ph 3 - Dec25 Svc50001032134633 2025-1887 14,515.00
02/05/202600006557 TKE ENGINEERING INCW1 NV25 Cook/Gerald Ford Ret Basi44002002314134 2025-1725 35,045.00
02/05/202600006557 TKE ENGINEERING INCW1 DC25 Cook/Gerald Ford Ret Basi44002002314134 2025-1888 49,076.00
02/05/202600006558 URBAN WORXW1 R/M PLUMBING SRV - FS #3343310002304220 2600311 432.50
02/05/202600006558 URBAN WORXW1 R/M PLUMBING SRV - PDAC43311012424549 2600341 805.03
02/05/202600006558 URBAN WORXW1 R/M PLUMBING SRV - IRONWOOD43310001104611 2025005725 362.50
02/05/202600006559 VANCE CORPORATIONW1 RTNT 24251845 / C4928020600002130000 2025-09.06-RTNT -917.02
02/05/202600006559 VANCE CORPORATIONW1 El Paseo St Rehab44002002134134 2025-09.06 18,340.36
02/05/202600006559 VANCE CORPORATIONW1 RTNT 24251845 / C4928020600004510000 2025-09.06-RTNT -10,074.09
02/05/202600006559 VANCE CORPORATIONW1 El Paseo St Rehab50001024514679 2025-09.06 201,481.86
02/05/202600006560 WILLIS TOWERS WATSON NORTHEAST INCW1 PS Art Museum Insurance FY262714301001100000 17433W26 6,038.08
02/05/202600006560 WILLIS TOWERS WATSON NORTHEAST INCW1 PS Art Museum Insurance FY252643710001104192 17433W26 4,312.92
02/05/202602008659 ACCENTURE LLPW1 FS102 CM Svcs Nov2544002002304220 36879 70,396.75
02/05/202602008660 ACCURATE FIRST AID SERVICESW1 FIRST AID SUPPLIES - LIBRARY42190002524662 C-3183 152.08
02/05/202602008660 ACCURATE FIRST AID SERVICESW1 ADDITIONAL 1% SALES TAX20702001100000 C-3183 -1.41
02/05/202602008660 ACCURATE FIRST AID SERVICESW1 ADDITIONAL 1% SALES TAX42190002524662 C-3183 1.41
02/05/202602008661 APWAW1 2026 APWA MEMB REGISTRATION-AV43630001104134 000922798 74.00
02/05/202602008661 APWAW1 2026 APWA RENEWAL - AV43630001104300 000922798 200.00
02/05/202602008661 APWAW1 2026 APWA MEMB REGISTRATION-CL43630001104423 000922798 274.00
02/05/202602008662 BEDROSIAN, PATRICKW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 352.45
02/05/202602008663 CALIFORNIA ASSOCIATION FORW1 CALED Palm Springs - J MENDOZA43120001104430 200005601 595.00
02/05/2026Report Date 8Page City and Housing
Docusign Envelope ID: B5E66024-B8C5-4268-B839-2F09DA42A568
44
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/5/2026 - 2/5/2026
City of Palm Desert
Account Number
02/05/202602008663 CALIFORNIA ASSOCIATION FORW1 CALED Palm Springs - M ALVAREZ43120001104430 200005601 595.00
02/05/202602008663 CALIFORNIA ASSOCIATION FORW1 CALED Palm Springs - A LAWRENC43120001104430 200005601 595.00
02/05/202602008663 CALIFORNIA ASSOCIATION FORW1 CALED Palm Springs - V MAGER43120001104430 200005601 595.00
02/05/202602008663 CALIFORNIA ASSOCIATION FORW1 CALED Palm Springs - M SALAZAR43120001104430 200005601 595.00
02/05/202602008664 CALIFORNIA BUILDING STANDARDSW1 2026 Q2 GREEN BLDG FEES22810006100000 2026Q2GREEN 3,078.00
02/05/202602008664 CALIFORNIA BUILDING STANDARDSW1 2026 Q2 10% ADMIN FEE22810006100000 2026Q2GREEN -307.80
02/05/202602008665 CALIFORNIA MUNICIPAL TREASURERSW1 CMTA Conf JBounds 4.28-5.1.2643120001104150 200006197 910.00
02/05/202602008666 CASH, PETTY-W1 PATRON KIOSK REFUND 01.12.2637991002520000 PATRON REIMB1.12 4.50
02/05/202602008666 CASH, PETTY-W1 PATRON KIOSK REFUND 01.11.2637991002520000 PATRON REIMB1.11 4.50
02/05/202602008666 CASH, PETTY-W1 PATRON KIOSK REFUND 01.11.2637991002520000 PATRON REIMB1.11 5.00
02/05/202602008667 CONSOLIDATED ELECTRICALW1 R/M ELECT/LIGHT - FS #6743310002304220 5725-1176260 407.81
02/05/202602008667 CONSOLIDATED ELECTRICALW1 R/M ELECT/LIGHT - CITY HALL43310001104340 5725-1172854 1,200.47
02/05/202602008668 CORDOVA PHOTOGRAPHYW1 Employee Headshots43090001104154 20304 855.00
02/05/202602008669 DEPARTMENT OF CONSERVATIONW1 2026 Q2 SMIP FEES22840006100000 2026Q2SMIP 5,213.19
02/05/202602008669 DEPARTMENT OF CONSERVATIONW1 2026 Q2 5% EDUCATION FEE22840006100000 2026Q2SMIP -260.66
02/05/202602008670 DEPENDABLE BREAK ROOMW1 BREAKROOM SUPPLIES - CH JAN2642190001104340 MI48163 296.40
02/05/202602008671 DESERT RECYCLING INCW1 DC25 DUMP/RECYCLING FEES43320001104310 20164 689.00
02/05/202602008671 DESERT RECYCLING INCW1 NV25 DUMP/RECYCLING FEES43320001104310 20078 405.00
02/05/202602008672 DESERT TREE SPRAYINGW1 JN25 RODENT CONTROL - CC PARK43320011104610 5128 310.00
02/05/202602008672 DESERT TREE SPRAYINGW1 JN25 RODENT CONTROL - PARKS43320011104611 5128 305.00
02/05/202602008672 DESERT TREE SPRAYINGW1 JN25 RODENT CONTROL - GARDENS43910001104611 5128 90.00
02/05/202602008672 DESERT TREE SPRAYINGW1 JN25 RODENT CONTROL - ENTRADA43921011104614 5128 140.00
02/05/202602008672 DESERT TREE SPRAYINGW1 JN25 RODENT CONTROL - K/B43321002854374 5128 90.00
02/05/202602008673 FENSKE, CHARLESW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
02/05/202602008674 GLS USW1 National CORE- Finance43660001104150 5623221 5.35
02/05/202602008674 GLS USW1 NAI, NV5, Altum-Finance43660001104150 5626627 16.05
02/05/202602008675 GORDON HUETHER AND PARTNERS, INC.W1 San Pablo - Honorarium44001004364650 ZPA1-PDR 1,000.00
02/05/2026Report Date 9Page City and Housing
Docusign Envelope ID: B5E66024-B8C5-4268-B839-2F09DA42A568
45
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/5/2026 - 2/5/2026
City of Palm Desert
Account Number
02/05/202602008676 GRANITE CONSTRUCTION CO INC.W1 RTNT 25262215 / C4990020600002300000 PP#1-RTNT -41,691.10
02/05/202602008676 GRANITE CONSTRUCTION CO INC.W1 FS102 Gerald Frd St Imps Dec2544002002304220 PP#1 833,821.90
02/05/202602008677 GREAT WESTERN INSTALLATIONSW1 10 OUTDOOR TABLES - PDAC44001002424549 2512029 13,092.05
02/05/202602008678 HF&H CONSULTANTS LLCW1 SOLID WASTE/RECYCLING DEC2543090002364195 9722845 2,566.00
02/05/202602008679 HORIZON LIGHTING INC.W1 R/M ELECT/LIGHT - TRI-CITIES43371001104610 INV39191 1,900.43
02/05/202602008679 HORIZON LIGHTING INC.W1 R/M ELECT/LIGHT - PP III43321002824373 INV39684 397.80
02/05/202602008680 IMPERIAL SPRINKLER SUPPLYW1 R/M IRRIG SUPPLIES - PARKS43320011104611 0023499751-004 852.82
02/05/202602008681 J.L. ENDICOTT INCW1 Nameplates - 1% Sales Tax20702001100000 10411 -1.85
02/05/202602008681 J.L. ENDICOTT INCW1 Nameplates 12.5.202542190001104154 10411 207.39
02/05/202602008681 J.L. ENDICOTT INCW1 Nameplates - 1% Sales Tax42190001104154 10411 1.85
02/05/202602008682 JILL MENDOZAW1 ADV EEE CAR RENTAL FEB23-2511501001100000 EEE26ADVTRNS-JM 113.00
02/05/202602008682 JILL MENDOZAW1 ADV EEE LDG FEB23-25,202611501001100000 EEE26ADVLDG-JM 555.41
02/05/202602008682 JILL MENDOZAW1 ADV EEE PARK FEB23-25,202611501001100000 EEE26ADVPKNG-JM 110.00
02/05/202602008682 JILL MENDOZAW1 ADV EEE MEI FEB23-25/202611501001100000 EEE26ADVMEI-JM 215.00
02/05/202602008683 JTB SUPPLY COMPANY INCW1 R/M TRAFFIC SIGNAL EQUIPMENT43325001104250 116182 1,881.30
02/05/202602008684 KEYSER MARSTON ASSOCIATES INCW1 DC25 ECON TOOLBOX/ FIN SVC43090001104159 0040375 1,475.00
02/05/202602008685 LOCK SHOP INC.W1 LOCK/KEY SUPPLIES - CY42190001104330 BB10566663 48.88
02/05/202602008685 LOCK SHOP INC.W1 LOCK/KEY SUPPLIES - STATE BLDG43696025104195 AA00070140 20.10
02/05/202602008686 LOWE'S HOME CENTERS INC.W1 R/M MISC SUPPLIES - TRAFFIC42190001104250 971024-121125 243.03
02/05/202602008686 LOWE'S HOME CENTERS INC.W1 R/M MISC SUPPLIES - TRAFFIC42190001104250 973221-120225 77.21
02/05/202602008686 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - STREETS42190001104310 993037-011326 209.72
02/05/202602008686 LOWE'S HOME CENTERS INC.W1 R/M MISC SUPPLIES - STREETS43320001104310 972287-011626 16.51
02/05/202602008686 LOWE'S HOME CENTERS INC.W1 STORAGE SUPPLIES - CITY HALL42190001104340 985287-012026 9.80
02/05/202602008687 LSL CPAsW1 FY 24-25 Audit Financial Stmt43020001104151 70581 36,362.00
02/05/202602008687 LSL CPAsW1 Inv69219 Housing Records43020001104151 70581 -10,150.00
02/05/202602008687 LSL CPAsW1 INV69628 Housing Records43020001104151 70581 -15,720.00
02/05/202602008687 LSL CPAsW1 Inv69219 Housing Records43020001104151 70581 10,150.00
02/05/2026Report Date 10Page City and Housing
Docusign Envelope ID: B5E66024-B8C5-4268-B839-2F09DA42A568
46
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/5/2026 - 2/5/2026
City of Palm Desert
Account Number
02/05/202602008687 LSL CPAsW1 Inv69628 Housing Records43020001104151 70581 15,720.00
02/05/202602008687 LSL CPAsW1 FY 24-25 Single Audit43020001104151 71064 6,149.00
02/05/202602008687 LSL CPAsW1 FY 24-25 PDRFC Audit43020001104151 71700 10,487.00
02/05/202602008688 MACLEOD WATTS INCW1 GASB 75 Reporting FYE 6/30/2543090005764192 101025PALMD 2,550.00
02/05/202602008689 MARTHA'S VILLAGE & KITCHENW1 Sponsorship Martha's Village 543062011104800 1225PD 2,500.00
02/05/202602008690 MOWERS PLUS INCW1 R/M SMALL EQUIP- 1% Sales Tax20702001100000 346460 -0.49
02/05/202602008690 MOWERS PLUS INCW1 R/M SMALL EQUIPMENT43340001104331 346460 52.74
02/05/202602008690 MOWERS PLUS INCW1 R/M SMALL EQUIP- 1% Sales Tax43340001104331 346460 0.49
02/05/202602008691 NATIONAL NOTARY ASSOC.W1 NOTARY TRAINING & SUPPLIES SC43120001104111 NNA-SCASTRO 997.59
02/05/202602008692 NetFile IncW1 FY26/27 Ethics Training Servic14301001100000 10670 1,895.84
02/05/202602008692 NetFile IncW1 FY25/26 Ethics Training Servic43620011104190 10670 1,354.16
02/05/202602008693 POWERSTRIDE BATTERY COMPANYW1 R/M BATTERIES - TRAFFIC SIGNAL43325001104250 P704934 874.31
02/05/202602008694 PROFORMA SOCALW1 Business Cards42190001104154 BH49005706A 151.14
02/05/202602008694 PROFORMA SOCALW1 Business Cards42190001104154 BH49005769A 38.00
02/05/202602008695 SESAC INCW1 MUSIC PERFM LICENSE 7/26-12/2614301001100000 828365 - 104392 1,040.50
02/05/202602008695 SESAC INCW1 MUSIC PERFM LICENSE 1/26-6/2643061011104416 828365 - 104392 1,040.50
02/05/202602008696 SONSRAY MACHINERY LLCW1 R/M FOR HEAVY MACHINERY20702001100000 SWO081822-1 -0.48
02/05/202602008696 SONSRAY MACHINERY LLCW1 R/M FLEET #270 - 1% SALES TAX20702001100000 SWO084518-1 -2.46
02/05/202602008696 SONSRAY MACHINERY LLCW1 R/M FLEET #271 - OWNED43340001104331 SWO081822-1 851.86
02/05/202602008696 SONSRAY MACHINERY LLCW1 R/M FOR HEAVY MACHINERY43340001104331 SWO081822-1 0.48
02/05/202602008696 SONSRAY MACHINERY LLCW1 R/M FLEET #270 - OWNED43340001104331 SWO084518-1 1,313.80
02/05/202602008696 SONSRAY MACHINERY LLCW1 R/M FLEET #270 - 1% SALES TAX43340001104331 SWO084518-1 2.46
02/05/202602008697 STATE WATER RESOURCES CONTROLW1 FS102 Annual Prmt #7 33C40653914301002300000 SW-0337399 336.50
02/05/202602008697 STATE WATER RESOURCES CONTROLW1 FS102 Annual Prmt #7 33C40653944002002304220 SW-0337399 336.50
02/05/202602008698 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE MIX- 1% SALES TAX20702001100000 950000769117 -10.72
02/05/202602008698 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE MIX -1% SALE TAX20702001100000 950000769121 -14.15
02/05/202602008698 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE MIX -1% SALE TAX20702001100000 950000770971 -8.67
02/05/2026Report Date 11Page City and Housing
Docusign Envelope ID: B5E66024-B8C5-4268-B839-2F09DA42A568
47
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/5/2026 - 2/5/2026
City of Palm Desert
Account Number
02/05/202602008698 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE MIX - OCOTILLO43320001104310 950000769117 1,155.09
02/05/202602008698 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE MIX- 1% SALES TAX43320001104310 950000769117 10.72
02/05/202602008698 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE MIX - TENNIS CT43320001104310 950000769121 1,524.13
02/05/202602008698 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE MIX -1% SALE TAX43320001104310 950000769121 14.15
02/05/202602008698 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE MIX -1% SALE TAX43320001104310 950000770971 951.16
02/05/202602008698 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE MIX -43320001104310 950000770971 8.67
02/05/202602008699 TOPS N BARRICADES INC.W1 TRAFFIC SIGNS - STREETS42190001104310 1117847 426.30
02/05/202602008699 TOPS N BARRICADES INC.W1 STRIPING PAINT - STREETS42190001104310 1117848 951.56
02/05/202602008699 TOPS N BARRICADES INC.W1 TRAFFIC SIGNS SUPPLIES - ST42190001104310 1117900 210.11
02/05/202602008700 UNIFIRST CORPORATIONW1 01/20/26 INDUST UNIFORM RENTAL42140001104310 2200354871 249.79
02/05/202602008700 UNIFIRST CORPORATIONW1 PREP / EMBLEM CHARGES42140001104310 6200005853 3.37
02/05/202602008701 WEST COAST ARBORISTS INCW1 PALM PRUNING - COMM GARDENS43910001104611 237774 623.00
02/05/202602008701 WEST COAST ARBORISTS INCW1 PALM PRUNING - MEDIANS43370011104614 237774 29,459.00
02/05/202602008701 WEST COAST ARBORISTS INCW1 PALM PRUNING - ENTRADA43921011104614 237774 178.00
02/05/202602008702 WHITE CAP LPW1 SAFETY SUPPLIES - STREETS42190001104310 50034941696 462.00
02/05/202602008703 WRIGHT, BARBARAW1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 377.62
02/05/202602008704 XPRESS GRAPHICSW1 FY2526 LIBRARY BOOKMARKS43610002524662 26-77006 296.05
02/05/202602008705 YRIGOYEN, DAVID L.W1 RETIREE HEALTH STIPEND 02/2641190005764192 2/1/2026 876.75
Examined and Approved Total For Bank ID - W1
2,068,200.44City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
02/05/2026Report Date 12Page City and Housing
Docusign Envelope ID: B5E66024-B8C5-4268-B839-2F09DA42A568
48
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/12/2026 - 2/12/2026
City of Palm Desert
Account Number
02/12/202600006562 AETNA RESOURCES FOR LIVINGW1 MAR26 EMPLOYEE ASSISTANCE PRG43090001104154 E0362596 211.25
02/12/202600006563 ALTUM GROUPW1 CAHUILLA HILLS PARK ADA IMPROV44002004004618 10592 10,638.00
02/12/202600006564 AMAZON CAPITAL SERVICES INC.W1 Folders, Desk Organizer, Stapl42110001104150 1W6R-43TV-HCCW 98.27
02/12/202600006564 AMAZON CAPITAL SERVICES INC.W1 Letter Stickers42110001104150 19QL-X69H-FRHQ 8.69
02/12/202600006564 AMAZON CAPITAL SERVICES INC.W1 Laminating Sheets42110001104190 1LDL-4CJ1-JKR3 81.87
02/12/202600006564 AMAZON CAPITAL SERVICES INC.W1 CM Waiting Room Chairs44040001104130 1GWY-PN6D-7CNJ 729.24
02/12/202600006564 AMAZON CAPITAL SERVICES INC.W1 Desk organizer, eraser, etc.42110001104150 11TH-P9JD-G6WK 27.89
02/12/202600006565 AMTEK CONSTRUCTIONW1 RETENTION-CITY HALL OFFICE IMP20600004500000 RTNT-2940-25040 -2,298.51
02/12/202600006565 AMTEK CONSTRUCTIONW1 TO0019601 CITY HALL OFFICE IMP44002004504161 2940-25040 31,614.52
02/12/202600006565 AMTEK CONSTRUCTIONW1 TO0022960 CITY HALL OFFICE IMP44002004504161 2940-25040 14,355.61
02/12/202600006566 APPRISE BY WALKER & DUNLOPW1 Appraisal DW A 620-400-025&02643090001104430 26.25242 3,900.00
02/12/202600006567 AQUINO, CHRISTIANIW1 REIMB SWAG FOR PD WINE & FOOD43660001104419 01.30.2025-UPS 147.65
02/12/202600006568 BMW MOTORCYCLE OF RIVERSIDEW1 FY 25/26 RSO POLICE MTRCYCLE R43340001104210 5049745 478.45
02/12/202600006568 BMW MOTORCYCLE OF RIVERSIDEW1 FY 25/26 RSO POLICE MTRCYCLE R43340001104210 5049768 478.45
02/12/202600006569 BRINKS CAPITAL LLCW1 Transport Services - Feb. 202643090001104159 13128421 1,455.94
02/12/202600006569 BRINKS CAPITAL LLCW1 Overage Charges Jan. 202543090001104159 8316810 13.79
02/12/202600006570 BUSHIDO TACTICAL LLCW1 RSO Sales Tax 8.75%20702002290000 20260112-03 -212.36
02/12/202600006570 BUSHIDO TACTICAL LLCW1 RSO Tactical Ballistic Carrier43914002294210 20260112-03 2,427.00
02/12/202600006570 BUSHIDO TACTICAL LLCW1 RSO Sales Tax 8.75%43914002294210 20260112-03 212.36
02/12/202600006571 CALIBA INCW1 RTNT 24251714 / C45120B20600002300000 PP#11-RTNT -8,151.72
02/12/202600006571 CALIBA INCW1 FS102 Construction Contract44002002304220 PP#11 163,034.40
02/12/202600006572 CDW LLCW1 Wall Charger42120001104190 AH8F62E 65.14
02/12/202600006572 CDW LLCW1 Wireless Headset42120001104190 AH8GV5U 246.75
02/12/202600006572 CDW LLCW1 HP Printer42180001104190 AH8RA4S 1,049.52
02/12/202600006572 CDW LLCW1 Canon Camera42180001104190 AH7GD8M 1,907.88
02/12/202600006572 CDW LLCW1 R- Lenovo Laptops44040005304190 AH9B31J 1,548.36
02/12/202600006573 DE LARA ,ALECW1 01/18-22/26 WOC CONFERENCE43115001104310 0126AD-MILEAGE 395.85
02/12/2026Report Date 1Page City and Housing
Docusign Envelope ID: 52645F84-D547-4E8C-A536-042CDD849C9E
49
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/12/2026 - 2/12/2026
City of Palm Desert
Account Number
02/12/202600006573 DE LARA ,ALECW1 01/18-22/26 WOC CONFERENCE43120001104310 0126AD-LODGING 1,016.79
02/12/202600006573 DE LARA ,ALECW1 01/18-22/26 WOC CONFERENCE43120001104310 0126AD-PERDIEM 301.00
02/12/202600006573 DE LARA ,ALECW1 01/28-22/26 WOC CONFERENCE43120001104310 0126AD-PARKING 80.00
02/12/202600006574 ENTERPRISE HOLDINGS INCW1 FY 25/26 car rentals for RSO43904001104210 40925369 4,467.75
02/12/202600006575 FG CREATIVE INCW1 JAN26 ADVERTISING SVCS EPPBID43215002714491 10395 16,200.00
02/12/202600006575 FG CREATIVE INCW1 FB26 BUSINESS OUTREACH SVCS43090001104430 10394 1,500.00
02/12/202600006576 FULTON DISTRIBUTINGW1 SUPPLIES/OTHER - PDAC42190002424549 680418A -486.06
02/12/202600006576 FULTON DISTRIBUTINGW1 JANITORIAL SUPPLIES - CC PARK42190001104610 691690 2,035.27
02/12/202600006576 FULTON DISTRIBUTINGW1 JANITORIAL SUPPLIES -CITY HALL42190001104340 682130 -101.96
02/12/202600006577 GIL , NICHOLASW1 01/18-22/26 WOC CONFERENCE43115001104310 0126NG-MILEAGE 395.85
02/12/202600006577 GIL , NICHOLASW1 01/18-22/26 WOC CONFERENCE43120001104310 0126NG-LODGING 1,246.88
02/12/202600006577 GIL , NICHOLASW1 01/18-22/26 WOC CONFERENCE43120001104310 0126NG-PERDIEM 473.00
02/12/202600006577 GIL , NICHOLASW1 01/18-22/26 WOC CONFERENCE43120001104310 0126NG-PARKING 125.00
02/12/202600006578 HAMMER PLUMBING AND PUMPINGW1 CAHUILLA RESTROOM PUMP SRV43310001104611 47869-1 395.00
02/12/202600006579 HIGH TECH IRRIGATION INC.W1 R/M IRRIG SUP - 1% SALES TAX20702001100000 856408 -1.72
02/12/202600006579 HIGH TECH IRRIGATION INC.W1 R/M IRRIG SUP - 1% SALES TAX20702001100000 855701 -0.01
02/12/202600006579 HIGH TECH IRRIGATION INC.W1 R/M IRRIG SUPPLIES - CC PARK43320011104610 855701 2.03
02/12/202600006579 HIGH TECH IRRIGATION INC.W1 R/M IRRIG SUP - 1% SALES TAX43320011104610 855701 0.01
02/12/202600006579 HIGH TECH IRRIGATION INC.W1 R/M IRRIG SUPPLIES - FREEDOM43320011104611 856408 185.35
02/12/202600006579 HIGH TECH IRRIGATION INC.W1 R/M IRRIG SUP - 1% SALES TAX43320011104611 856408 1.72
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 6 PRKNG MAINT - DW43370011104614 6901 1,640.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 6 LNDS MAINT - DW PER43320004414195 6901 12,360.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - DSRT MIRAGE43320002734680 6902 565.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - PRIMROSE I43320002734682 6902 340.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - DIAMONDBACK43320002754643 6902 115.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT -MONT MEADOWS43320002754680 6902 145.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - THE GLEN43320002754681 6902 295.00
02/12/2026Report Date 2Page City and Housing
Docusign Envelope ID: 52645F84-D547-4E8C-A536-042CDD849C9E
50
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/12/2026 - 2/12/2026
City of Palm Desert
Account Number
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT -HVLY ESTATES43320002754682 6902 150.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - SONATA I43320002754683 6902 365.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - SONATA II43320002754684 6902 800.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT -HOVLEY COLL43320002754685 6902 400.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - LA PALOMA I43320002754686 6902 165.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT -LA PALOMA II43320002754687 6902 165.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT LA PALOMA III43320002754693 6902 140.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT -SANDPIPER CT43320002754694 6902 170.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT -SANDPIPER W43320002754695 6902 175.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - HOVLEY CT W43320002754696 6902 255.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - PALM CT43320002754697 6902 115.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - PP I/II43320002774373 6902 5,610.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - VINEYARDS43320002784374 6902 230.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - WARING CT43320002794374 6902 219.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - PALM GATE43320002804374 6902 137.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - THE GROVE43320002814374 6902 1,200.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - PP III43320002824373 6902 3,600.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - PORTOLA PL43320002834374 6902 219.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - K / B43320002854374 6902 1,000.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT -CANYON CREST43320002864374 6902 295.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - COLLEGE EST43320002874374 6902 330.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - BOULDERS43320002874680 6902 520.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - SUNDANCE W43320002874681 6902 290.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - PETUNIA I43320002874682 6902 340.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - SUNDANCE E43320002874683 6902 160.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - COLLEGE EST43320002874684 6902 295.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 JN26 LMA 7 MAINT - PDCC43320002994374 6902 900.00
02/12/2026Report Date 3Page City and Housing
Docusign Envelope ID: 52645F84-D547-4E8C-A536-042CDD849C9E
51
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/12/2026 - 2/12/2026
City of Palm Desert
Account Number
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 TO0022625 UNIV DOG PK REPAIRS43320011104611 6894 7,000.00
02/12/202600006580 HORIZON PROFESSIONAL LANDSCAPEW1 LMA 6 XTRA SRVS - DW PRKNG LOT43370011104614 6908 500.00
02/12/202600006581 IDEA PEDDLER LLCW1 Creative Services & Branding43090001104417 3090 60,000.00
02/12/202600006581 IDEA PEDDLER LLCW1 Creative Services & Branding43090001104417 3091 7,000.00
02/12/202600006582 Jesus GardunoW1 01/18-22/26 WOC CONFERENCE43115001104310 0126JG-MILEAGE 395.85
02/12/202600006582 Jesus GardunoW1 01/18-22/26 WOC CONFERENCE43120001104310 0126JG-LODGING 1,231.03
02/12/202600006582 Jesus GardunoW1 01/18-22/26 WOC CONFERENCE43120001104310 0126JG-PERDIEM 473.00
02/12/202600006582 Jesus GardunoW1 01/28-22/26 WOC CONFERENCE43120001104310 0126JG-PARKING 100.00
02/12/202600006583 KIMLEY-HORN AND ASSOCIATES INC.W1 TO0020318 CORRIDOR STUDY DC2545430101104423 34398285 7,140.00
02/12/202600006583 KIMLEY-HORN AND ASSOCIATES INC.W1 TO0019816 ON-CALL TRAFFIC ENG45430101104423 33011224 2,050.00
02/12/202600006583 KIMLEY-HORN AND ASSOCIATES INC.W1 TO0019816 ON-CALL TRAFFIC ENG45430101104423 34274433 7,027.50
02/12/202600006584 MARIPOSA LANDSCAPES INCW1 LMA 1 XTRA LNDS SRV - MEDIANS43370011104614 117945 3,335.16
02/12/202600006584 MARIPOSA LANDSCAPES INCW1 LMA 1 XTRA LNDS SRV - MEDIANS43370011104614 117946 280.00
02/12/202600006584 MARIPOSA LANDSCAPES INCW1 LMA 1 XTRA LNDS SRV - MEDIANS43370011104614 117947 186.55
02/12/202600006584 MARIPOSA LANDSCAPES INCW1 LMA 9 XTRA LNDS SRV - MEDIANS43370011104614 117942 2,984.19
02/12/202600006585 MERCHANTS BUILDINGW1 JN26 JANITORIAL SRV - CY43310001104330 938749 4,008.23
02/12/202600006585 MERCHANTS BUILDINGW1 JN26 JANITORIAL SRV - CH43326001104340 938749 8,882.56
02/12/202600006585 MERCHANTS BUILDINGW1 JN26 JANITORIAL SRV - PCC43310001104344 938749 1,399.93
02/12/202600006585 MERCHANTS BUILDINGW1 JN26 JANITORIAL SRV - LIBRARY43326002524662 938749 7,712.83
02/12/202600006585 MERCHANTS BUILDINGW1 JN26 JANITORIAL SRV - iHUB43950004254430 938749 2,118.49
02/12/202600006585 MERCHANTS BUILDINGW1 JN26 JANITORIAL SRV - SHERIFF43695005104195 938749 6,861.68
02/12/202600006585 MERCHANTS BUILDINGW1 JN26 JANITORIAL SRV - STATE43696025104195 938749 6,258.53
02/12/202600006585 MERCHANTS BUILDINGW1 JN26 JANITORIAL SRV -HENDERSON43698005104195 938749 1,040.42
02/12/202600006586 MICHAEL BAKER INTERNATIONAL INCW1 WALK & ROLL PD PHASE 2 DEC2550001032134633 1275919 1,257.50
02/12/202600006587 MOTOWORX GARAGEW1 FY 25/26 RSO VEHICLE MAINTENAN43340001104210 MWG2575 1,035.40
02/12/202600006587 MOTOWORX GARAGEW1 FY 25/26 RSO VEHICLE MAINTENAN43340001104210 MWG2574 1,501.96
02/12/202600006587 MOTOWORX GARAGEW1 FY 25/26 RSO VEHICLE MAINTENAN43340001104210 MWG2576 1,742.02
02/12/2026Report Date 4Page City and Housing
Docusign Envelope ID: 52645F84-D547-4E8C-A536-042CDD849C9E
52
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/12/2026 - 2/12/2026
City of Palm Desert
Account Number
02/12/202600006587 MOTOWORX GARAGEW1 FY 25/26 RSO VEHICLE MAINTENAN43340001104210 MWG2581 2,450.69
02/12/202600006588 PALM DESERT PACIFIC OWNER LLCW1 FB26 MALL COMMON AREA MAINT SV43310004254430 CAM022026 7,230.18
02/12/202600006589 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS-SHERIFF TAX20702005100000 102778 -1.95
02/12/202600006589 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS - SHERIFF43695005104195 102778 480.80
02/12/202600006589 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS-SHERIFF TAX43695005104195 102778 1.95
02/12/202600006589 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS - CY S/TAX20702001100000 102777 -2.80
02/12/202600006589 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS - CY43310001104330 102777 501.70
02/12/202600006589 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS - CY S/TAX43310001104330 102777 2.80
02/12/202600006589 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS-FS71 S/TAX20702002300000 102779 -2.60
02/12/202600006589 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS - FS #3343310002304220 102780 350.00
02/12/202600006589 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS - FS #7143310002304220 102779 405.15
02/12/202600006589 PATTON DOOR & GATEW1 R/M OVERHEAD DOORS-FS71 S/TAX43310002304220 102779 2.60
02/12/202600006590 PENTA, RYLANDW1 Trello Sub - JU26-DC2614301001100000 TRELOSUB-REIM-RP 179.98
02/12/202600006590 PENTA, RYLANDW1 Trello Sub - JA26-JN2643630001104430 TRELOSUB-REIM-RP 179.99
02/12/202600006591 PFM ASSET MANAGEMENT LLCW1 Invst. Mgmt Svcs 12/202543090001104159 15119647 4,518.25
02/12/202600006592 PYE BARKER FIRE & SAFETYW1 R/M ALARM - FS #7143310002304220 7683594 200.00
02/12/202600006592 PYE BARKER FIRE & SAFETYW1 R/M ALARM - FS #3343310002304220 7683548 200.00
02/12/202600006592 PYE BARKER FIRE & SAFETYW1 R/M ALARM - FS#3343310002304220 7810849 305.46
02/12/202600006593 ROBERT HALFW1 IT Temp - D.Welch 1/2343003001104190 65862324 1,907.52
02/12/202600006593 ROBERT HALFW1 IT Temp - D.Welch 1/30/2643003001104190 65885370 2,384.40
02/12/202600006593 ROBERT HALFW1 Temp Acc. C. Staviski 1.23.2643003001104150 65860747 2,046.40
02/12/202600006594 SANT MADEW1 BRIGHTSIDE DESIGN FEB2643026001104417 1164 2,000.00
02/12/202600006594 SANT MADEW1 WEBSITE HOSTING FEB2643620011104190 1149 700.00
02/12/202600006595 SINATRA & COOK PROJECT LLCW1 MR26 ERC/iHUB RENT MR 73 OF 7643450004254430 MO73OF76MAR26 18,706.65
02/12/202600006596 SOULE, THOMASW1 CDP WEST COAST MILE 1/22/2643115001104417 MILE 1.22.26 185.60
02/12/202600006596 SOULE, THOMASW1 SAGO MILEAGE 1.20.26 SOULE43115001104417 MILE 1.20.26 3.77
02/12/202600006596 SOULE, THOMASW1 SAGO PER DIEM 1/20-21/26 ST43120001104417 PER DIEM 1.20.26 138.00
02/12/2026Report Date 5Page City and Housing
Docusign Envelope ID: 52645F84-D547-4E8C-A536-042CDD849C9E
53
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/12/2026 - 2/12/2026
City of Palm Desert
Account Number
02/12/202600006596 SOULE, THOMASW1 SAGO FLIGHT 1.20.26 TSOULE43120001104417 FLIGHT 1.20.26 330.80
02/12/202600006596 SOULE, THOMASW1 SAGO LDG 1.20.26 TSOULE43120001104417 LDG 1.20.26 261.89
02/12/202600006597 STAPLES BUSINESS ADVANTAGEW1 JN26-1 Office Supplies p.142110001104430 6054747784 12.66
02/12/202600006597 STAPLES BUSINESS ADVANTAGEW1 JN26-1 Office Supplies p.242110001104430 6054747782 26.07
02/12/202600006598 TOWNSEND PUBLIC AFFAIRS INCW1 FEB26 GRANT WRITING & ADVOCACY43090001104159 24810 9,000.00
02/12/202600006599 URBAN WORXW1 TO0020347 DW RESTROOM REMODEL48092004414195 2025004943 6,834.38
02/12/202600006599 URBAN WORXW1 TO0022484 DW EXTRA TILE CUTTIN48092004414195 2025004943 4,750.00
02/12/202600006599 URBAN WORXW1 RETENTION-DW RESTROOM REMODEL20600004500000 RTNT-2025004943 -579.22
02/12/202600006599 URBAN WORXW1 R/M PLUMBING SRV - STATE BLDG43696025104195 260041 353.62
02/12/202600006599 URBAN WORXW1 R/M PLUMBING SRV - SHERIFF43695005104195 2025005753 7,570.00
02/12/202600006600 VANCE CORPORATIONW1 RTNT 24251845 / C4928020600004510000 2025-09.07-RTNT -604.57
02/12/202600006600 VANCE CORPORATIONW1 El Paseo St Rehab Jan26 Svcs50001024514679 2025-09.07 12,091.34
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 City Council Cells/IPADS 12/2543650001104110 6134268603 279.94
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 City Clerk Cells/IPADS 12/2543650001104111 6134268603 76.74
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 City Manager Cells/IPADS 12/2543650001104130 6134268603 115.11
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 CIP Cells/IPADS 12/25-1/2343650001104134 6134268603 261.87
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Finance Cells/ IPADS 12/2543650001104150 6134268603 76.74
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Human Resources Cells/ IPADS43650001104154 6134268603 115.11
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 IT Mifi 01/2643650001104190 6134661504 118.03
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 IT Phones 12/2543650001104190 6134268603 76.74
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 COPS Cells/IPADS 12/25-1/2343060011104211 6134268603 432.34
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Traffic Cells/ IPADS 12/2543650001104250 6134268603 258.51
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Public Works Cells/IPADS 12/2543650001104300 6134268603 405.58
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 CorpYard Mifi 01/2643650001104310 6134661504 38.01
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 CorpYard/Streets Cells/IPADS43650001104310 6134268603 935.73
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Facilities Cells/IPADS 12/2543650001104340 6134268603 115.11
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Building and Safety Mifi 01/2643650001104420 6134661504 38.37
02/12/2026Report Date 6Page City and Housing
Docusign Envelope ID: 52645F84-D547-4E8C-A536-042CDD849C9E
54
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/12/2026 - 2/12/2026
City of Palm Desert
Account Number
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Building and Saftey Cells/ IPA43650001104420 6134268603 615.30
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Permit Center Cells/IPADS 12/243650001104421 6134268603 38.37
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Code Cells/ IPADS 12/2543650001104422 6134268603 345.33
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Engineering Cells 12/2543650001104423 6134268603 76.74
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Economic Dev Mifi 01/2643650001104430 6134661504 38.01
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Economic Dev Cells/IPADS 12/2543650001104430 6134268603 191.85
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Rosie Lua's iPad 12/2542180001104470 6134268603 1,942.43
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Planning Cells/IPADS 12/2543650001104470 6134268603 115.11
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Landscaping svcs Mifi 01/2643650001104614 6134661504 76.02
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Landscaping Services Cells/ IP43650001104614 6134268603 338.61
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Library 12/2543650002524662 6134268603 230.22
02/12/202600006601 VERIZON WIRELESS SERVICES LLCW1 Housing Cells 12/2543650008704195 6134268603 38.37
02/12/202600006602 VINTAGE ASSOCIATESW1 DC25 LMA 16 LNDS MAINT - PARKS43320011104611 239278 37,115.00
02/12/202600006602 VINTAGE ASSOCIATESW1 JN26 LMA 16 LNDS MAINT - PARKS43320011104611 239591 37,115.00
02/12/202600006602 VINTAGE ASSOCIATESW1 DC25 LMA 16 LNDS MAINT - COMM43910001104611 239278 985.00
02/12/202600006602 VINTAGE ASSOCIATESW1 JN26 LMA 16 LNDS MAINT - COMM43910001104611 239591 985.00
02/12/202600006602 VINTAGE ASSOCIATESW1 DC25 LMA 16 LNDS MAINT - HAYST43320002764374 239278 3,950.00
02/12/202600006602 VINTAGE ASSOCIATESW1 JN26 LMA 16 LNDS MAINT - HAYST43320002764374 239591 3,950.00
02/12/202600006603 VISUAL EDGE IT INCW1 Xerox Usge & Supply 1/01-1/3143420001104190 24AR3282852 2,211.35
02/12/202600006604 WATERLINE TECHNOLOGIES INCW1 POOL CHEMICALS - PDAC42111002424549 5776657 864.56
02/12/202600006605 WITTMAN ENTERPRISES LLCW1 JAN26 EMS BILLING SERVICES43090002304220 WITT-000032 22,080.00
02/12/202602008706 4IMPRINT INC.W1 Community Engagement Items46639201104430 30883995 1,945.56
02/12/202602008707 ALIANZA RECYCLING AND RECOVERYW1 Recycle of items43090002364195 225909 286.63
02/12/202602008707 ALIANZA RECYCLING AND RECOVERYW1 Recycle of items43090002364195 225656 977.75
02/12/202602008708 AMERICAN ASPHALT SOUTH INCW1 RTNT 24251889 / C4926020600002130000 2025-2573-RTNT -12,038.49
02/12/202602008708 AMERICAN ASPHALT SOUTH INCW1 2025 Slurry Seal Project44002002134134 2025-2573 240,769.72
02/12/202602008709 AMERICAN FORENSIC NURSESW1 FY25/26 RSO BLOOD DRAW/DUI CAS37999991100000 79747RI 1,912.00
02/12/2026Report Date 7Page City and Housing
Docusign Envelope ID: 52645F84-D547-4E8C-A536-042CDD849C9E
55
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/12/2026 - 2/12/2026
City of Palm Desert
Account Number
02/12/202602008709 AMERICAN FORENSIC NURSESW1 FY25/26 RSO BLOOD DRAW/DUI CAS43904001104210 80061 225.00
02/12/202602008709 AMERICAN FORENSIC NURSESW1 FY25/26 RSO BLOOD DRAW/DUI CAS43904001104210 80067 75.00
02/12/202602008710 ARTURO CEJAW1 LiveScan Reimb A. Ceja 12.3043056001104154 A. CEJA NHLS 80.00
02/12/202602008711 AT&TW1 RSO LEA TRACKING-T24363005843904001104210 585490 575.00
02/12/202602008711 AT&TW1 RSO LEA TRACKING-T24320009643904001104210 599100 120.00
02/12/202602008712 AUTISM SOCIETYW1 Autism Family Holiday Event43062011104800 1145 4,000.00
02/12/202602008713 BIO TOX LABORATORIESW1 FY 25/26 RSO BLOOD & URINE ANA43904001104210 48514 1,501.00
02/12/202602008713 BIO TOX LABORATORIESW1 FY 25/26 RSO BLOOD & URINE ANA43904001104210 48515 3,264.00
02/12/202602008714 BPS TACTICAL INCW1 RSO VEST COVER-1% Sales Tax20702001100000 26010132 -6.30
02/12/202602008714 BPS TACTICAL INCW1 RSO VEST COVER-DEPUTY SPEERS43904001104210 26010132 703.83
02/12/202602008714 BPS TACTICAL INCW1 RSO VEST COVER-1% Sales Tax43904001104210 26010132 6.30
02/12/202602008715 BSN SPORTS LLCW1 VOLLEYBALL NETS - CC PARK42190001104610 932174183 1,170.15
02/12/202602008716 CBRE INCW1 Real estate Appraisal Report43090001104159 060077-1-25 5,000.00
02/12/202602008717 CITY OF PALM DESERTW1 PLAN CHECK FEES - FS3344002002304220 ELEC-25-5049 148.93
02/12/202602008718 CITY OF PALM DESERTW1 PLAN CHECK FEES - FS3344002002304220 CRAD-25-5009 17,538.81
02/12/202602008719 COUNTY OF RIVERSIDE SHERIFFW1 10/25-11/24/25- RSO MOTOR FUEL42170001104210 SH0000049614 728.43
02/12/202602008719 COUNTY OF RIVERSIDE SHERIFFW1 10/25-11/24/25 RSO MOTOR FUEL42170001104210 SH0000049615 2,017.92
02/12/202602008720 COVE COMMUNITIES SENIORW1 Joslyn Fashion Sponsor43062011104800 013026PD 1,500.00
02/12/202602008721 CSMFOW1 26/27 CSMFO Membership A. Ceja14301001100000 300020897 35.00
02/12/202602008721 CSMFOW1 25/26 CSMFO Dues A. Ceja43630001104150 300020897 25.00
02/12/202602008722 D & B VISIONSW1 Recycle/Organics Ed ProgJN2643090002364195 26-01 2,600.00
02/12/202602008723 DEPARTMENT OF JUSTICEW1 FY 25/26 RSO BLOOD ALCOHOL43904001104210 020642 70.00
02/12/202602008724 DESERT VALLEYS BUILDERSW1 DVBA FB26 Luncheon - VMAGER43125001104430 I6NN5W7AMA 95.00
02/12/202602008724 DESERT VALLEYS BUILDERSW1 DVBA FB26 Luncheon - ALAWRENCE43125001104430 LPWMQUJ7PQ 95.00
02/12/202602008724 DESERT VALLEYS BUILDERSW1 DVBA FB26 Luncheon - MALVAREZ43125001104430 EBUXVHANFS 95.00
02/12/202602008725 FIESTA FORDW1 R/M FLEET #004 - LEASE43340001104331 710291 1,109.35
02/12/202602008726 HORIZON LIGHTING INC.W1 R/M ELECT/LIGHT - CHARGING ST43310001104340 INV28051 1,136.40
02/12/2026Report Date 8Page City and Housing
Docusign Envelope ID: 52645F84-D547-4E8C-A536-042CDD849C9E
56
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/12/2026 - 2/12/2026
City of Palm Desert
Account Number
02/12/202602008727 IMPERIAL SPRINKLER SUPPLYW1 R/M FERTILIZER - PARKS43320011104611 0024508356-001 612.27
02/12/202602008727 IMPERIAL SPRINKLER SUPPLYW1 R/M IRRIG SUPPLIES - MEDIANS43370011104614 0024265219-001 1,262.30
02/12/202602008727 IMPERIAL SPRINKLER SUPPLYW1 R/M IRRIG SUPPLIES - MEDIANS43370011104614 0024265488-001 1,530.78
02/12/202602008728 KNORR SYSTEMS INCW1 ADDT'L PUMP EQUIPMENT - PDAC44001002424549 294089 5,104.81
02/12/202602008728 KNORR SYSTEMS INCW1 ADDT'L PUMP EQUIPMENT - PDAC44001002424549 294396 8,928.62
02/12/202602008728 KNORR SYSTEMS INCW1 ADDT'L PUMP EQUIPMENT - PDAC44001002424549 295399 3,044.53
02/12/202602008728 KNORR SYSTEMS INCW1 CIRCULATION PUMPS - PDAC44001002424549 320016 6,518.92
02/12/202602008728 KNORR SYSTEMS INCW1 SMART PUMP CNTRL SYSTEMS -PDAC44001002424549 320016 63,849.63
02/12/202602008729 KOSMONT FINANCIAL SERVICESW1 OC25 Financing District Adviso43090001104159 2509.6-001 3,538.60
02/12/202602008729 KOSMONT FINANCIAL SERVICESW1 NV25 Financing District Adviso43090001104159 2509.6-002 6,968.00
02/12/202602008729 KOSMONT FINANCIAL SERVICESW1 DC25 Financing District Adviso43090001104159 2509.6-003 8,143.20
02/12/202602008730 KREMER, MARKW1 REFUND STRTOT PENAL. & INT.31998001100000 STR2023-0153 139.75
02/12/202602008730 KREMER, MARKW1 REFUND STRTOT PENAL. & INT.22865006100000 STR2023-0153 12.71
02/12/202602008731 LEAGUE OF CALIFORNIA CITIESW1 ESCOBEDO LOCC RIVCO MEM DUES43630001104130 2902 300.00
02/12/202602008732 LEAGUE OF CALIFORNIA CITIESW1 LOCC City membership JL26-DC2614301001100000 INV-45398-R4V2N6 10,680.50
02/12/202602008732 LEAGUE OF CALIFORNIA CITIESW1 LOCC City membership JN26-JN2643630001104159 INV-45398-R4V2N6 10,680.50
02/12/202602008733 LOCK SHOP INC.W1 R/M LOCKS - STATE43696025104195 A137204 581.00
02/12/202602008734 LOWE'S HOME CENTERS INC.W1 CREDIT SMALL TOOLS - STREETS42190001104310 200841200000CM -87.08
02/12/202602008734 LOWE'S HOME CENTERS INC.W1 CREDIT SMALL TOOLS - STREETS42190001104310 200846000000CM -135.27
02/12/202602008734 LOWE'S HOME CENTERS INC.W1 SMALL TOOLS - STREETS42190001104310 990670-012226 28.41
02/12/202602008734 LOWE'S HOME CENTERS INC.W1 R/M MISC SUPPLIES - HOMME42190001104611 977346-012826 554.74
02/12/202602008735 MODERNISM WEEKW1 Modernism Week Sponsorship.43062011104800 MODERNISM WEEK 5,000.00
02/12/202602008736 MOST DEPENDABLE FOUNTAINSW1 R/M MISC SUPPLIES - PARKS43325011104611 INV84356 794.95
02/12/202602008737 MUNICIPAL MEDIA CORPORATIONW1 Recycle Coach JL26-JA2714301001100000 8016 5,191.67
02/12/202602008737 MUNICIPAL MEDIA CORPORATIONW1 Recycle Coach FB26-JU2643620011104190 8016 3,708.33
02/12/202602008738 MY COI LLCW1 FY2627 Ins. Compliance Softwar14301001100000 141260777 5,320.00
02/12/202602008738 MY COI LLCW1 FY2526 Ins. Compliance Softwar43090001104159 141260777 3,800.00
02/12/2026Report Date 9Page City and Housing
Docusign Envelope ID: 52645F84-D547-4E8C-A536-042CDD849C9E
57
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/12/2026 - 2/12/2026
City of Palm Desert
Account Number
02/12/202602008738 MY COI LLCW1 FY2526 Onboarding for illumend43090001104159 141260777 750.00
02/12/202602008739 PBK ARCHITECTS INCW1 FS33 Architectual Svcs JAN2644002002304220 PP#17 15,500.00
02/12/202602008739 PBK ARCHITECTS INCW1 FS33 Prj Specific Fees JAN2644002002304220 PP#17 750.00
02/12/202602008739 PBK ARCHITECTS INCW1 FS71 Architectual Svcs JAN2644002002304220 PP#17 15,500.00
02/12/202602008739 PBK ARCHITECTS INCW1 FS71 Prj Specific Fees JAN2644002002304220 PP#17 750.00
02/12/202602008739 PBK ARCHITECTS INCW1 FS 102 Architectual Jan26 Svcs44001002354270 PP#28 4,400.00
02/12/202602008740 POWERS AWARDSW1 COPS UNIFORM BADGES43060011104211 163430 125.06
02/12/202602008741 PROFORMA SOCALW1 Code Parking Citations43904001104210 BHA49005613A 1,783.79
02/12/202602008742 RICHARDI, ALW1 REFUND STR TOT DUPL. PMTS31883301100000 2016-045032 1,267.91
02/12/202602008742 RICHARDI, ALW1 REFUND STR TOT DUPL. PMTS43022001104159 2016-045032 42.85
02/12/202602008743 RIVERA, VIVIAN JULIANAW1 LiveScan Reimb V. Rivera 12.1243056001104154 V. RIVERA NHLS 59.00
02/12/202602008744 SAN GORGONIO PASS POSSEW1 MOUNTED HORSE PATROL 12/202543914002294210 739518 1,500.00
02/12/202602008745 SOUTH COAST AQMDW1 25/26 EMISSIONS FEES-CITY HALL43640001104330 4574551 170.94
02/12/202602008745 SOUTH COAST AQMDW1 EMISSIONS LATE FEE-CITY HALL43640001104330 4574551 42.73
02/12/202602008746 SOUTH COAST AQMDW1 EMISSIONS LATE FEE-PDAC43640002424549 4638305-1 8.55
02/12/202602008747 SOUTH COAST AQMDW1 EMISSIONS LATE FEE - JOSLYN43640001104330 4621977-1 17.09
02/12/202602008748 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE MIX -1% SALE TAX20702001100000 950000688377 -8.67
02/12/202602008748 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE MIX - PORTOLA43320001104310 950000688377 1,033.66
02/12/202602008748 SUPERIOR READY MIX CONCRETEW1 R/M CONCRETE MIX -1% SALE TAX43320001104310 950000688377 8.67
02/12/202602008749 SURVEYMONKEY INCW1 Survey Monkey Subscr 7/26-2/2714301001100000 47383886 312.00
02/12/202602008749 SURVEYMONKEY INCW1 Survey Monkey Subscr 3/26-6/2643620001104154 47383886 156.00
02/12/202602008750 T-MOBILE USA INCW1 JN26 VEHICLE GPS MONITORING43340001104331 978220384-50 1,524.86
02/12/202602008750 T-MOBILE USA INCW1 DC25 VEHICLE GPS MONITORING43340001104331 978220384-49 1,433.60
02/12/202602008751 UMPQUA BANKW1 ESCROW #11 24251714 / C45120B10250002300000 ESCROW PP#11 8,151.72
02/12/202602008751 UMPQUA BANKW1 ESCROW #11 24251714 / C45120B20600002300000 ESCROW PP#11 -8,151.72
02/12/202602008751 UMPQUA BANKW1 ESCROW #11 24251714 / C45120B20600002300000 ESCROW PP#11 8,151.72
02/12/202602008752 UNIFIRST CORPORATIONW1 01/27/26 INDUST UNIFORM RENTAL42140001104310 2200357241 252.51
02/12/2026Report Date 10Page City and Housing
Docusign Envelope ID: 52645F84-D547-4E8C-A536-042CDD849C9E
58
Check DateCheck Number Vendor NameBank ID
Check Register
Amount PaidInvoiceTransaction Desc
2/12/2026 - 2/12/2026
City of Palm Desert
Account Number
02/12/202602008753 CALIFORNIA STATE UNIVERSITY SANW1 Q4 ERC SERVS OC - DC 202543950004254430 SP0014333 43,750.00
02/12/202602008754 VARIETY CHILDREN'S CHARITYW1 Variety Charity Sponsor43062011104800 VARIETY CHILDREN 1,500.00
02/12/202602008755 WASHINGTON CHARTER SCHOOLW1 2 Crossing Grds 8/20-12/19/2543092011104211 REIMB012026 9,400.00
02/12/202602008756 XPRESS GRAPHICSW1 PD OUTAGE PREPAREDNESS BOOKLET42190001104211 26-77251 353.18
02/12/202602008756 XPRESS GRAPHICSW1 Invitation SPablo Merchant Mtg43610001104430 26-77306 33.30
02/12/202602008756 XPRESS GRAPHICSW1 DW APPLICATIONS43610001104417 26-76887 286.39
02/12/202602008756 XPRESS GRAPHICSW1 DW BROCHURES43610001104417 26-76888 215.67
Examined and Approved Total For Bank ID - W1
1,176,200.40City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
02/12/2026Report Date 11Page City and Housing
Docusign Envelope ID: 52645F84-D547-4E8C-A536-042CDD849C9E
59
60
Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 26, 2026
PREPARED BY: Jennifer Aguilar, Purchasing Coordinator
SUBJECT: JANUARY 2026 PROCUREMENT REPORT
RECOMMENDATION:
Receive and file the monthly Procurement Report for January 2026.
BACKGROUND/ANALYSIS:
The monthly procurement report documents the procurement activities of the City of Palm Desert
for the month ending January 31, 2026, in accordance with the Purchasing Policy.
Included in the procurement report is the list of vendors who have been fully vetted by staff and
have been added to the City’s Approved Vendor List
FINANCIAL IMPACT:
There is no financial impact from this action.
ATTACHMENTS:
Procurement Report for January 2026
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☐ Site-Specific Property Interest – Councilmembers should check if they own or lease real
property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2).
☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other
entitlements for use, and to contracts or franchise agreements other than competitively bid,
labor, or personal employment contracts.
Applicant(s)/Appellant(s): Not Applicable
Councilmembers should review any campaign contributions received within the last 12 months
from parties or participants to the proceeding and must not accept contributions over $500
from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determi nation. Each
Councilmember is responsible for identifying and disclosing any disqualifying interests in
accordance with the Political Reform Act and FPPC regulations.
61
62
Palm Desert Muni Code Chapter 3.30 - Purchasing System and Public Works Contracts
Date Vendor Name Department Amount Document Type
1/2/2026 Aflex Technology (NZ)
Ltd.
Public Works 19,877.05$ Purchase Request
Form
1/5/2026 Vance Corporation Capital Projects 18,340.36$ Change
Order/Amendment
Request
1/5/2026 Great Western Recreation Public Works 13,092.05$ Purchase Request
Form
1/5/2026 Amazon Public Works 50,000.00$ Purchase Request
Form
1/5/2026 Knorr Systems
International LLC
Public Works 38,720.25$ Change
Order/Amendment
Request
1/5/2026 Safeway Sign Co. Public Works 51,138.60$ Purchase Request
Form
1/5/2026 The [re]Design Group Information Technology 18,423.59$ Change
Order/Amendment
Request
Purchase of miscellaneous supplies as needed from Amazon, including the purchase of six
metal file cabinets for the Palm Desert Library. Expenditures will be limited to those
necessary to support essential maintenance and ongoing operational requirements.
Purchase of ten (10) new tables as part of Palm
Desert Aquatic Center (PDAC) Improvements
Remove existing RRFB and push button foundations by hand and the reconfiguration of
traffic control as part of the El Paseo Street Rehabilitation Project.
Purchase of various pool Aflex accessories and attachments to provide a competitive
advantage in both retaining current guests and attracting new ones.The accessories and
attachments are specifically compatible with the Aflex inflatable recreational amenity
previously purchased for the Aquatic Center.
Description/Reason
Invoiced taxes for the Hardware Refresh Project to replace the City's VM Servers.
Purchase of street name signs, traffic warning signs, and related poles and anchors, as
well as miscellaneous purchases as needed for citywide maintenance.
Replacement of electronically damaged Smart Pump Control Systems for the Splash Pad,
replacement of both chemical storage tanks due to age and material degradation, and
replacement and proper anchoring of two grates.
Administrative Contract/Purchase Approval by City Manager or Designee
City of Palm Desert
January, 2026 Procurement Report
3.
3
0
.
0
5
0
-
3
.
3
0
.
0
9
0
- Public projects, contracted services, professional services, and materials, supplies and equipment may all be awarded/approved by Department Head in best interest of the City up to $10,000.
- Annual recurring contracted services, technology, and/or goods exception list may be approved by Finance Director not to exceed $25,000.
- Public projects, contracted services, professional services, and materials, supplies and equipment may all be awarded/approved by City Manager in best interest of the City up to $75,000.
- Public projects, contracted services, professional services, and materials, supplies and equipment may all be awarded/approved by City Manager in best interest of the City up to $250,000, if on approved vendor list.
- Public projects, contracted services, professional services, and materials, supplies and equipment over $250,000 must be approved by City Council.
- City Council may authorize City Manager to approve change orders, amendments, and contingency payments as part of their recommendation.
1 of 8 63
Date Vendor Name Department Amount Document Type
1/5/2026 Universal Trailers, INC City Manager 54,479.12$ Purchase Request
Form
1/6/2026 Vintage Associates Public Works 6,320.00$ Task Order Request
1/9/2026 All American Building
Services
Capital Projects 27,524.70$ Change
Order/Amendment
Request
1/9/2026 Unlimited Mechanical Public Works 60,460.00$ Purchase Request
Form
1/9/2026 County of Riverside
Sheriff Department Palm
Desert Station
Economic Development 24,172.87$ Purchase Request
Form
1/12/2026 Apprise by Walker and
Dunlop
Economic Development 3,900.00$ Purchase Request
Form
1/14/2026 Koolfog, Inc. Public Works 25,000.00$ Change
Order/Amendment
Request
1/14/2026 Willis Towers Watson
Northeast Inc
Finance 10,351.00$ Purchase Request
Form
1/14/2026 Pub Construction Public Works 129,000.00$ Task Order Request
1/15/2026 Bushido Tactical LLC City Manager 2,427.00$ Purchase Request
Form
Description/Reason
Riverside County Sheriff's Department's services for the 2025 Palm Desert Golf Cart
Parade.
One-year Maintenance Services Agreement with four, one-year term extensions for
preventative maintenance of appliances (Refrigerators, Freezers, Water Dispensers, Ice
Machines, Exhaust Hoods, etc.) at City-Owned Facilities, as well as additional work and
purchases not covered under the preventative maintenance contract.
Change order to mill and remove the existing asphalt from curb to curb in the area where
the median was removed and replace with a thinner layer of new asphalt to create a
uniform wearing surface for vehicluar traffic in the re-aligned travel lanes to support the
added on street parking on both sides of University Park Drive.
Supply and install ten (10) new 24-inch box trees and eight (8) Japanese Oleanders in the
Haystack greenbelt area adjacent to Highway 74.
Purchase a DUI enforcement trailer for the Riverside County Sheriff's Department. - No
risk to the City.
Purchase of Riverside County Sheriff's Department Tactical Ballistic carriers.
Task Order with PUB Construction to repaint structures at the Corporation Yard.
Fine Art Insurance for the Palm Springs Art Museum/Artist Center Sculpture Garden-
Sculptures.
Amendment No. 1 changing the term from three years with two optional one-year
extensions to one-year with four optional one-year extensions due to vendor being unable
to acquire bonds for the three-year contract amount of $75,000.
Appraisal for two APNs combined: A portion of Desert Willow Lot Pad A (620-400-025)
and 620-400-026 (2.40 Acres) Excluding the parking lot section within the blue line.
Appraised as a vacant land.
2 of 8 64
Date Vendor Name Department Amount Document Type
1/15/2026 Readyly Information Technology 33,000.00$ Purchase Request
Form
1/16/2026 Esri Information Technology 16,000.00$ Purchase Request
Form
1/16/2026 Recycle Coach Information Technology 27,300.00$ Purchase Request
Form
1/16/2026 League of California Cities City Manager 21,361.00$ Purchase Request
Form
1/16/2026 Esri Information Technology 180,900.00$ Purchase Request
Form
1/20/2026 Kimley Horn and
Associates, Inc.
Public Works 70,000.00$ Task Order Request
1/22/2026 Arkance USA LLC Information Technology 22,110.00$ Purchase Request
Form
1/22/2026 Clearsource Financial Development Services 24,960.00$ Purchase Request
Form
1/22/2026 ClientFirst Information Technology 31,435.00$ Purchase Request
Form
Description/Reason
Educational software platform provided by the City as both a downloadable mobile
application and a web-based tool embedded on the City’s website. Burrtec Waste &
Recycling has committed to reimbursing the City for half of the cost of Year 1 of the
contract and may continue reimbursement for Years 2 and 3, contingent upon
performance.
Annual purchase of ArcGIS Business Analyst for FY2526.
Three-year agreement for an AI widget on the city website which includes the one-time
implementation fee, and several other AI-powered services for the city website such as
multilingual AI chat, search, indexing of city-provided content, configurable workflow to
support citizen services, staff-facing analytics, and more.
Purchase and annual renewal of Bluebeam software as a central platform for digital plans
and documents, enabling faster reviews and streamlined workflows.
Provide on-call traffic engineering support to the City, including conducting traffic analyses,
developing professional recommendations to address ongoing traffic and roadway
operational needs, and reviewing traffic control plans.
Renewal of three-year agreement with Esri for the ArcGIS Enterprise Software.
Funds to pay for the League of California Cities, City of Palm Desert Membership dues for
the 2026 calendar year.
Contract for the selection and implementation of a new phone system for City Hall.
Agreement for a cost of service study for fire user and regulatory fees.
3 of 8 65
Date Vendor Name Department Amount Document Type
1/27/2026 Caliba Inc Capital Projects 102,027.00$ Change
Order/Amendment
Request
1/27/2026 PBK Architects Capital Projects 63,655.00$ Change
Order/Amendment
Request
1/27/2026 Gold Arc, Inc. dba Pasco
Doors
Public Works 14,500.00$ Purchase Request
Form
Description/Reason
Short-form agreement for as needed door maintenance and repairs to City-owned facilities.
Additional traffic signal design services for Fire Station 71 to ensure the egress and ingress
design is thoroughly evaluated and better suited to the operational needs of the fire station
at this high-volume intersection. This scope was not included in the original contract scope.
Change order to include additional work under the FS 102 New Build and Onsite
Improvements Project. Additional work includes inclusion of reinforcement for site bollards
per RFI 108.0 and 108.1 responses, rerouting storm drainpipe in conflict with Carport 1 and
3 footings per RFI 92.0 and 97.0 responses, additional work required to reroute 12-inch
storm drain through CMU site wall per RFI 104.0 response, additional work required to
weld rebar at carport column baseplates per RFI 76.1 response, additional work required to
weld studs to columns to allow for continuous plywood attachment per RFI 125.0, additional
work required to relocate temporary power pole to allow for installation of IID infrastructure
per RFP 11.0, additional work required to provide survey staking of all utilities in
northeasterly corner of Fire Station 102 site, including, sewer, data, and other new utilities
that were recently installed to allow for IID layout and coordination efforts for integration
from offsite to onsite improvements per RFP 12.0, additional costs incurred to provide for
double scoring of CMU block, including additional cost for lost material and labor due to
breakage from adding double scoring to CMU blocks related to RFP 7.0, additional costs
incurred to pay for City of Palm Desert and CALFIRE permit fees, and additional costs
incurred to provide for a mobile hose rack per RFP 3.0. A credit was applied for the initial
hose rack that was specified.
4 of 8 66
Date Vendor Name Department Amount Document Type
1/27/2026 FSI Information Technology 26,004.00$ Purchase Request
Form
1/27/2026 Q3 Consulting Capital Projects 23,300.00$ Change
Order/Amendment
Request
1/28/2026 Belfor Capital Projects 2,800.00$ Change
Order/Amendment
Request
1/30/2026 Washington Charter
School
City Manager 21,000.00$ Purchase Request
Form
1/30/2026 Stlijaja, LLC (AKA 59
Club)
Finance 20,000.00$ Change
Order/Amendment
Request
1,253,579$
Purchases above fall under the City Manager's approval limits
Date Vendor Name Department Amount Document Type
1/8/2026 Rice Construction Special Programs 50,000$ Maintenance Services
Agreement
1/8/2026 Holistic System
Integration Solutions
Development Services 312,000$ Amendment
1/8/2026 Imperial Irrigation District City Manager 4,700,000$ Funding and
Reservation
Agreement
Description/Reason
Description/Reason
Crossing Guard Reimbursement to Washington Charter School for 2025-2026 school year.
Test parking lot asphalt for asbestos prior to demolition for the New Library Facility Project.
Additionl services for the North Palm Desert City Limit Improvements project, including data
collection and review, existing-condition hydrology and hydraulic analysis, and preparation
of the existing-condition drainage report for the improvements design for the Cook and
Gerald Ford Project.
Renewal of Sophos software for cybersecurity that provides protection against threats like
malware, ransomware, and phishing through a unified platform.
Contract/Purchase Approval by City Council
Establishes a cost-sharing partnership between the Imperial Irrigation District (IID), the City
of Palm Desert, the City of Rancho Mirage, Riverside County, the Berger Foundation, and
participating developers to fund and construct the Cook Street (Thousand Palms) electrical
substation.
Additional funds to complete Phase 2 of the Clarity Permitting Software and support the
integration of additional services.
Maintenance services for the City’s Public Art Collection and El Paseo Sculpture Exhibition
during the re-bidding period.
Performance analysis is needed to keep DW the best in the country.
5 of 8 67
Date Vendor Name Department Amount Document Type
1/22/2026 Van Engineering Capital Projects 237,779$ Construction Contract
1/22/2026 Goldenvoice Special Programs 180,070$ Loan Agreement
1/22/2026 Palm Desert University
Gateway, LLC
City Manager 23,232$ Purchase and Sale
Agreement
5,503,081$
Date Task Order Type Department Amount Document Type Vendor Name Description/Reason
1/8/2026 As-Needed Engingeering
Services
Public Works 1,000,000$ Professional Services
Agreement
The Altum Group As-needed engineering services to support smaller public works
and capital improvement projects.
1,000,000$ Professional Services
Agreement
NAI Consulting As-needed engineering services to support smaller public works
and capital improvement projects.
1,000,000$ Professional Services
Agreement
NV5, Inc. As-needed engineering services to support smaller public works
and capital improvement projects.
3,000,000$
Total Contract Approvals 9,756,660$
Release
Date Project Name Department
Proposal
Due Date Project Manager
1/5/2026 2026-27 Outside Agency
Funding Request
Finance 4/30/2026 Michelle Loredo
1/22/2026 Title VI Program
Development and
Compliance Services
Public Works 2/12/2026 Chris Gerry
Description
Invitation to outside agencies to apply for available funding to support charities that further
Palm Desert programs and services and assist residents in need of support.
Provide end-to-end Title VI compliance services, including program development, policy
drafting, public-facing materials, staff training, documentation, and implementation support
sufficient to address all findings identified by Caltrans and FHWA.
Description/Reason
Request for Proposals Posted during the Month
Task Order Contracts Approval by City Council
Acquisition of approximately 2,122 square feet of property for right-of-way purposes to
provide access to the soon-to-be-built Dave Erwin Park.
Ten-year loan agreement with Goldenvoice for the installation of Taffy by Stephanie Lin at
Civic
Taos Palms Apartments Site Improvements Project to address flooding issues and correct
site ADA deficiencies.
6 of 8 68
Release
Date Project Name Department
Proposal
Due Date Project Manager
1/22/2026 Post Deployment
Workday Support
Finance 2/23/2026 Clayton Von Helf
1/29/2026 2026-27 Community
Event Sponsorship
Request
Economic Development 4/30/2026 Shelby Goodwin
These approvals are consistent with the Purchasing Policy and the FY 2025-26 Annual Budget.
Submission
Date
1/1/2026
1/7/2026
1/12/2026
1/12/2026
1/13/2026
Funding availability for sponsorships for community events taking place during the
2026/2027 fiscal year (July 1, 2026-June 30, 2027).
Ongoing proactive system evaluation for improvement of function and performance, as a
public enterprise.
Description
Approved Vendor Applications
Vendor Services
Panda Roja LLC Providing design, technical, and leadership services for the performing arts, events, hospitality, and themed environments.
Skyline Events Company Provides professional event planning, meeting management, and logistical coordination services for public sector, nonprofit, and
corporate clients. Services include end-to-end event management, conference and meeting coordination, venue sourcing, vendor
procurement, travel and lodging coordination, on-site event support, registration management, and post-event reporting. Skyline
specializes in efficiently supporting government and municipal events, community engagement programs, and professional
conferences with a strong emphasis on compliance, budget control, and high-quality execution.
Alpha Technologies USA Inc. An IT consulting and staffing firm incorporated in the State of Delaware, certified as an MBE by NMSDC, with over 27 years of
experience delivering enterprise-level technology and workforce solutions. Our service offerings include staff augmentation, IT
consulting, application development and maintenance, software engineering, systems integration, infrastructure and data-center
operations, relocation services, and GAP analysis. We support Federal, State, and Local Government agencies as well as Fortune
500,1000 organizations across diverse industries, including financial services, retail, non-profit, telecommunications, pharmaceutical,
and insurance sectors. With a global talent pool of 700+ highly skilled IT professionals, Alpha Technologies is a trusted provider of
scalable, secure, and reliable IT solutions.
Roto Lighting Locally crafted outdoor lighting in Indio, Ca. All of our products come with a lifetime fixture warranty, it will be the last fixture you have
to buy. Only bulb and lens changes in the future.
August-Jaye, Inc. B - GENERAL BUILDING
7 of 8 69
Submission
Date
1/16/2026
1/16/2026
1/20/2026
1/27/2026
1/27/2026
1/27/2026
1/28/2026
1/29/2026
Vendor Services
Brickley Construction Company, Inc. DBA Brickley
Environmental
B - GENERAL BUILDING
C33 - PAINTING AND DECORATING
C39 - ROOFING
C22 - ASBESTOS ABATEMENT (Check DOSH Asbestos Registration)
C21 - BUILDING MOVING, DEMOLITION
ASB - ASBESTOS (For Bidding Purposes Only)
HAZ - HAZARDOUS SUBSTANCES REMOVAL
Electrical Innovations of California C10 - ELECTRICAL
Best Contracting Services, Inc. Roofing, Waterproofing, Sheet Metal, Wall Panels, Glazing
Enova Create Provides professional commercial printing and print production services, supplying schools, organizations, and businesses with high-
quality printed materials such as curriculum, instructional documents, marketing materials, signage, and endless other custom print
products.
Jeff B Zook, A Professional Architectural Corp Professional architectural and engineering services.
Vendors are fully vetted and required to provide updated pricing annually. The utilization of approved vendors is on an as-needed basis, is not guaranteed, is contingent upon the availability of funds, and
must adhere to the purchasing policy.
TalentZok Provides temporary staffing, temp-to-hire solutions, direct placements, and active-roster candidate deployment across a wide range
of public-sector functions, including:
Administration, Finance, Human Resources, and Payroll
Housing, Planning, Permitting, and Community Development
Public Works & Engineering
Legal, Records, and City Clerk Support
Public Safety Support (non-sworn)
Van Engineering Inc A - GENERAL ENGINEERING
Provides professional language interpretation and document translation services for public sector, educational, nonprofit, and
institutional clients. Services include remote live interpretation and written document translation in multiple African, Caribbean, and
global languages. All services are delivered by qualified linguists with cultural competency and experience supporting multilingual
communities.
Resplendence Language Arts LLC
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 26, 2026
PREPARED BY: Michelle Nance, Assistant City Clerk
SUBJECT: ADOPTION OF ORDINANCE 1442 APPROVING A THIRD AMENDMENT
TO THE DEVELOPMENT AGREEMENT 96-1 BETWEEN THE CITY OF
PALM DESERT AND WVC RANCHO MIRAGE, INC. EXTENDING THE
TERM OF THE DEVELOPMENT AGREEMENT BY SIX MONTHS TO
AUGUST 27, 2026, AND FINDING THE PROJECT
RECOMMENDATION:
Adopt Ordinance No. 1442 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A THIRD AMENDMENT TO THE
DEVELOPMENT AGREEMENT 96-1 BETWEEN THE CITY OF PALM DESERT AND WVC
RANCHO MIRAGE, INC. (FORMERLY STARWOOD) FOR THE DESERT WILLOW,
EXTENDING THE TERM OF THE DEVELOPMENT AGREEMENT BY SIX (6) MONTHS TO
AUGUST 27, 2026, AND FINDING THE PROJECT IS EXEMPT FROM ENVIRONMENTAL
REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
BACKGROUND/ANALYSIS:
On February 12, 2026, the City Council unanimously introduced Ordinance No. 1442 for first
reading. This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30 days from adoption.
FINANCIAL IMPACT:
There is no direct financial impact with this action.
ATTACHMENTS:
1. Ordinance No. 1442
71
City of Palm Desert
Ordinance No. 1442 – second reading
Page 2 of 2
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☐ Site-Specific Property Interest – Councilmembers should check if they own or lease real
property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2).
☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other
entitlements for use, and to contracts or franchise agreements other than competitively bid,
labor, or personal employment contracts.
Applicant(s)/Appellant(s): _________________________
Councilmembers should review any campaign contributions received within the last 12 months
from parties or participants to the proceeding and must not accept contributions over $500
from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determination. Each
Councilmember is responsible for identifying and disclosing any disqualifying interests in
accordance with the Political Reform Act and FPPC regulations.
72
ORDINANCE NO. 1442
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A THIRD AMENDMENT TO THE
DEVELOPMENT AGREEMENT 96-1 BETWEEN THE CITY OF PALM
DESERT AND WVC RANCHO MIRAGE, INC. (FORMERLY STARWOOD)
FOR THE DESERT WILLOW, EXTENDING THE TERM OF THE
DEVELOPMENT AGREEMENT BY SIX (6) MONTHS TO AUGUST 27,
2026, AND FINDING THE PROJECT IS EXEMPT FROM
ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
CASE NO. DA25-0001 (DA 96-1 AMENDMENT NO. 3)
WHEREAS, the City of Palm Desert, California (" City") is a municipal corporation,
duly organized under the constitution and laws of the State of California; and
WHEREAS, the Planning and Zoning Law (Government Code Section 65000 et
seq.) authorizes cities to establish by ordinance regulations for land use and
development; and
WHEREAS, WVC Rancho Mirage, Inc. (formerly Starwood), represented by
William Vanos (“Applicant”), submitted an application requesting approval of a Third
Amendment to Development Agreement No. 96-1, which governs the Desert Willow area,
a resort time-share project located at 39-500 Portola Avenue (“Project”), for the purpose
of extending the term of the existing Development Agreement for a period of six (6)
months to August 27, 2026, with no other modifications to the Development Agreement;
and
WHEREAS, the Project Site is located within the Planned Residential District (PR-
5) zoning district and is designated Golf Course & Resort Neighborhood by the Palm
Desert General Plan; and
WHEREAS, Development Agreement No. 96-1 was entered into between the City
of Palm Desert and WVC Rancho Mirage, Inc. (formerly Starwood) on February 27, 1997,
and was adopted by the City Council through Ordinance No. 824 for an initial term of
fifteen (15) years; and
WHEREAS, the Development Agreement was amended by a First Amendment in
2007 through Ordinance No. 1135, extending the term by four (4) years, and by a Second
Amendment in 2015 through Ordinance No. 1289, extending the term an additional ten
(10) years to February 27, 2026; and
WHEREAS, the proposed Third Amendment would further extend the term of
Development Agreement No. 96-1 for an additional six (6) months to August 27, 2026,
73
Ordinance No. 1442 Page 2
and would not authorize or result in any changes to land use, development intensity,
entitlements, or physical conditions on the Project Site; and
WHEREAS, the Third Amendment does not constitute a “project” under the
California Environmental Quality Act (CEQA) and alternatively is exempt from CEQA
pursuant to the common sense exemption set forth in CEQA Guidelines Section
15061(b)(3), as it can be seen with certainty that there is no possibility the action may
have a significant effect on the environment; and
WHEREAS, on February 3, 2026, the Planning Commission held a duly-noticed
public hearing considered the staff report, recommendations by staff, and public
testimony concerning this proposed Ordinance. Following the public hearing, the Planning
Commission adopted Planning Commission Resolution No. 2912 to forward the
Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, the City Council of the City of Palm Desert conducted a duly noticed
public hearing on February 12, 2026, to consider approval of the Third Amendment to
Development Agreement No. 96-1, at which time all interested persons were given an
opportunity to be heard; and
WHEREAS, the City Council finds that the Development Agreement, as amended,
remains consistent with the City’s General Plan and complies with the requirements of
Government Code Sections 65864 through 65869.5.
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The recitals above are each incorporated by reference
and adopted as findings by the City Council.
SECTION 2. CEQA. The City Council finds that the the proposed amendment
extends the term of the existing Development Agreement and does not result in any direct
physical change or a reasonably foreseeable indirect physical change to the environment.
As such, the City Council finds that the proposed amendment is not a "Project" as defined
by State CEQA Guidelines section 15378(a).Even if the proposed amendment constituted
as a project pursuant to the California Environmental Quality Act (CEQA), the City Council
finds the proposed amendment is exempt from further CEQA review pursuant to the State
CEQA Guidelines Section 15061(b)(3) the common sense exemption. Here, it can be
seen with certainty that there is no possibility that the activity may have a significant effect
on the environment since the proposed amendment merely extends the term of the
Development Agreement and does not involve any physical change in the environment.
Therefore, no additional environmental review is required.
74
Ordinance No. 1442 Page 3
SECTION 3. Findings of Consistency. The City Council finds that Development
Agreement No. 96-1, as amended, remains consistent with the Palm Desert General
Plan. These findings are made pursuant to Gove rnment Code Sections 65867.5 and
65868.
SECTION 4. Approval of the Third Amendment. The City Council hereby approves
the Third Amendment to Development Agreement No. 96-1 between the City of Palm
Desert and WVC Rancho Mirage, Inc. (formerly Starwood), extending the term of the
Development Agreement for six (6) months to August 27, 2026, in substantially the form
on file with the City Clerk.
SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.
SECTION 6. Publication. The City Clerk is directed to certify to the adoption of this
Ordinance and post or publish this Ordinance as required by law.
SECTION 7. Custodian of Records. The custodian of records for this Ordinance is
the City Clerk and the records comprising the administrative record are located at 73-510
Fred Waring Drive, Palm Desert, CA.
SECTION 8. Severability. If any provision of this Ordinance or its application to any
person or circumstance is held to be invalid by a court of competent jurisdiction, such
invalidity shall have no effect on the other provisions or applications of this Ordinance that
can be given effect without the invalid provision or application. To this extent, the
provisions of this Ordinance are severable. The City Council declares that it would have
adopted this Ordinance irrespective of the invalidity of any portion thereof.
ADOPTED ON FEBRUARY __, 2026.
EVAN TRUBEE
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
75
Ordinance No. 1442 Page 4
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1442 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on February 12, 2026, and adopted at a
regular meeting of the City Council held on __________, 202 6, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ____________________.
ANTHONY J. MEJIA
CITY CLERK
76
Ordinance No. 1442 Page 5
“EXHIBIT A”
Development Agreement Amendment No. 3
See following pages
77
Ordinance No. 1442 Page 6
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (the “Third
Amendment”), dated as of February 26, 2026 (“Effective Date”) is entered into by and
between the CITY OF PALM DESERT, a municipal corporation (the “City”) and WVC
RANCHO MIRAGE, INC., a Delaware corporation (“Starwood”).
RECITALS
This Third Amendment is entered into with reference to the following facts:
A. City and lntrawest Resort Ownership Corporation, a corporation organized and
existing under the laws of the Province of British Columbia, Canada (“IROC''), entered
into a Development Agreement dated February 27, 1997, which Development Agreement
was (i) recorded on August 29, 1997 as instrument number 315819 in the official records
of the County Recorder for the County of Riverside, California, (ii) amended by that certain
Amendment to Development Agreement (Development Agreement 06 -03) (the “First
Amendment”) dated as of May 10, 2007, and (iii) further amended by that certain Second
Amendment to Development Agreement (the “Second Amendment”) dated as of
September 10, 2015 (as so amended, and as assigned from time to time, the “DA”). All
capitalized terms used herein without definition when first used shall have the meanings
set forth in the DA.
B. The DA provided IROC with a vested right to develop certain real property in the
City of Palm Desert (“IROC Property”) as a resort club and time shares (the “lntrawest
Project”).
C. On or about October 12, 1998, IROC assigned and conveyed to Resort Ventures,
L.P., a California limited partnership (“RV”) all of IROC's rights, title, interest and
obligations under and to the DA and all related project documents.
D. On or about June 26, 2006, RV sold to Starwood all of its rights, title and interest
in and to that portion of IROC Property described on Exhibit “A” attached hereto and
incorporated herein by this reference (the “Starwood Property”). The City gave its consent
to the transfer from RV to Starwood of any and all rights and obligations under the terms
of the DA to the extent that such rights and/or obligations arise from ownership of the
Starwood Property.
E. On or about June 26, 2006, Starwood applied for and the City approved a
conceptual master plan (hereinafter the “Starwood Master Plan”) which provides for the
development of 300 two-bedroom lockoff time share units in 18 two- story, three- story,
and four-story buildings and a one-story sales/clubhouse facility of approximately 40,000
square feet, along with recreational amenities (hereinafter collectively referred to as the
“Starwood Project”).
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Ordinance No. 1442 Page 7
F. City and Starwood now desire to amend the DA to extend the term of the DA to
temporarily extend the term of the DA for a period of six (6) months, to allow the parties
additional time to discuss terms for a longer-term extension.
G. City has given notice of its intention to adopt this proposed Third Amendment, has
conducted public hearings thereon pursuant to Government Code Section 65867 and
Palm Desert Municipal Code Ordinances Nos. 341 and 589, has taken action in
accordance with the California Environmental Quality Act, and has found that the
provisions of this Third Amendment and its purposes are consistent with the objectives,
policies, general land uses and programs specified in the City's G eneral Plan and any
applicable specific plan.
H. The City, by electing to enter into this Third Amendment, acknowledges that the
obligations of the City hereunder shall survive beyond the terms of the present City
Council members of the City, and that such action will serve to bind City and future
Councils to the obligations thereby undertaken.
I. This Third Amendment and the consent of Starwood to each of its terms and
conditions will eliminate uncertainty in planning and provide for the orderly developme nt
of the Starwood Property, eliminate uncertainty about the validity of exactions imposed
by the City, and generally serve the public interest.
[Remainder of page intentionally left blank]
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
contained herein and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. The original DA specified a term of fifteen (15) years. That original term was
extended for an additional four (4) years by the First Amendment and by an additional ten
(10) years by the Second Amendment. The parties now acknowledge that, through no
fault of either party, the economic conditions in recent years have resulte d in a much
slower rate of development than was originally anticipated. Therefore, to allow the parties
additional time to discuss terms for a longer-term extension of the DA, the parties agree
that the term of the DA shall hereby be extended for an additional six (6) months beyond
the term specified in the Second Amendment, making the new expiration date for the DA
August 27, 2026. Nothing herein shall be construed as obligating the City to grant any
further extension of the DA beyond August 27, 2026.
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Ordinance No. 1442 Page 8
2. Except as specifically amended by the First Amendment, Second Amendment and
this Third Amendment, the DA shall remain in full force and effect in accordance with its
original terms and conditions, which are hereby restated and incorporated herein by
reference.
3. Miscellaneous.
3.1 Binding Effect. This Third Amendment shall bind and benefit the heirs, successors,
and assigns of Starwood and the City, respectively.
3.2 No Waiver. None of the terms or provisions of this Third Amendment may be
waived, altered, modified, limited, or amended except by an agreement expressly
referring hereto and to which the parties to be bound consent in writing.
3.3 Governing Law. This Third Amendment shall be governed by the laws of the State
of California.
3.4 Reliance on Counsel/Entire Agreement. In executing this Third Amendment, no
Party has relied on any inducements, promises, or representations by any other Party or
its attorney, other than those set out in this Third Amendment. This instrument constitutes
the entire, integrated understanding of the Parties with respect to the subject matter
contained herein, and there are no other prior or contemporaneous oral or written
agreements or understandings except as expressly set forth herein.
3.5 Severability. Each and every provision of this Third Amendment is and shall be
construed as a separate and independent covenant and agreement. If any term or
provision of this Third Amendment or the application thereof shall to any extent be held
to be invalid or unenforceable, the remainder of this Third Amendment, or the application
of such term or provision to circumstances other than those to which it is invalid or
unenforceable, shall not be affected hereby, and each term and provision of this Third
Amendment shall be valid and shall be enforced to the extent permitted by law.
3.6 Execution in Counterparts. This Third Amendment may be executed in two or more
counterparts, each of which shall be an original, but all of which shall constitute one and
the same instrument.
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Ordinance No. 1442 Page 9
IN WITNESS W HEREOF, the parties hereto have entered into this Third Amendment as
of the day and year first written above.
Insert Signer’s Title Here
ATTEST:
By: __________________________
Name of Signer
Signer’s title
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Ordinance No. 1442 Page 10
IN WITNESS WHEREOF, the parties hereto have entered into this Third Amendment as
of the day and year first written above.
Signature Signature
ATTEST:
By: ________________________
Anthony J. Mejia
City Clerk
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 26, 2026
PREPARED BY: Anthony J. Mejia, City Clerk
SUBJECT: RATIFICATION OF LETTER SUPPORTING ASSEMBLY BILL 1708
(SOLACHE) – HHAP PATHWAYS FOR CITIES ACT
RECOMMENDATION:
Ratify the issuance of the letter supporting Assembly Bill 1708 (Solache) - Homeless Housing,
Assistance, and Prevention (HHAP) Pathways for Cities Act.
BACKGROUND/ANALYSIS:
On February 11, 2026, the City submitted a letter supporting Assembly Bill 1708 (Solache),
which relates to Round 7 of the Homeless Housing, Assistance, and Prevention (HHAP)
Program.
AB 1708 would require Continuums of Care receiving HHAP Round 7 funds to provide a 30-day
application period exclusively for cities with populations under 300,000 and to allocate funding to
eligible smaller jurisdictions that meet specified requirements. To qualify, a city must adopt a
resolution committing to its regionally coordinated homelessness action plan following a public
hearing, maintain a compliant housing element, adopt a local encampment policy consistent with
state guidance, and demonstrate prior actions supporting HHAP objectives.
Support of AB 1708 does not obligate the City to apply f or funding or to adopt any additional
policies at this time. The procedural requirements described above would apply only if the City
later elects to pursue HHAP Round 7 funding.
In accordance with Resolution No. 2025-020, Mayor Trubee and Mayor Pro Tem Pradetto
reviewed and approved the letter in advance of formal ratification by the City Council.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ATTACHMENTS:
1. Letter of Support
2. AB 1708 Bill Text
83
City of Palm Desert
Letter of Support – Assembly Bill 1708
Page 2 of 2
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☐ Site-Specific Property Interest – Councilmembers should check if they own or lease real
property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2).
☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other
entitlements for use, and to contracts or franchise agreements other than competitively bid,
labor, or personal employment contracts.
Applicant(s)/Appellant(s): Not Applicable
Councilmembers should review any campaign contributions received within the last 12 months
from parties or participants to the proceeding and must not accept contributions over $500
from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determi nation. Each
Councilmember is responsible for identifying and disclosing any disqualifying interests in
accordance with the Political Reform Act and FPPC regulations.
84
C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@PALMDESERT.GOV
February 11, 2026
The Honorable José Luis Solache
California State Assembly
1020 N Street, Room 5110
Sacramento, CA 95814
RE: AB 1708 (Solache) HHAP Pathways for Cities Act — SUPPORT
Dear Assembly Member Solache:
The City of Palm Desert is pleased to support AB 1708 (Solache), which would create a
defined opportunity for cities with populations under 300,000 to apply for Homeless
Housing, Assistance, and Prevention (HHAP) Program funding through their local
Continuum of Care (CoC).
Under current law, HHAP provides direct funding to counties, large cities, and CoCs.
Cities with fewer than 300,000 residents do not receive direct allocations and may access
funds only if selected as subrecipients. AB 1708 would require CoCs, prior to allocating
funds to other subrecipients, to accept applications from cities with populations under
300,000 that meet specified eligibility requirements for a limited period.
Palm Desert participates in regional efforts to address homelessness and works with
Riverside County, the local CoC, and nonprofit service providers. The City also allocates
local resources to address homelessness-related impacts in the community.
Providing cities with fewer than 300,000 residents with a formal opportunity to apply for
HHAP funding would allow Palm Desert to pursue additional resources to support local
and regional efforts, subject to eligibility and award criteria.
For these reasons, the City of Palm Desert respectfully supports AB 1708 (Solache).
Sincerely,
Evan Trubee
Mayor, City of Palm Desert
cc: Senator Rosilicie Ochoa Bogh
Assembly Member Greg Wallis
League of California Cities, cityletters@cacities.org
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86
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1708
Introduced by Assembly Member Solache
February 4, 2026
An act to add Section 50246 to the Health and Safety Code, relating
to housing.
legislative counsel’s digest
AB 1708, as introduced, Solache. Homeless Housing, Assistance,
and Prevention program: round 7.
Existing law establishes the Homeless Housing, Assistance, and
Prevention (HHAP) program for the purpose of providing jurisdictions
with grant funds to support regional coordination and expand or develop
local capacity to address their immediate homelessness challenges, as
specified. Existing law provides for the allocation of funding under the
program among continuums of care, cities, counties, and tribes in 6
rounds, with rounds 1 to 5, inclusive, administered by the Interagency
Council on Homelessness and round 6 administered by the Department
of Housing and Community Development, as provided. Existing law
establishes round 7 of the program and states the intent of the Legislature
to enact future legislation that specifies the parameters, as specified.
Existing law, effective July 1, 2026, appropriates $500,000,000, as
specified, provided that these funds be disbursed in accordance with
specified requirements, including that funds from this appropriation be
disbursed to a city, county, tribe, or continuum of care for round 7 of
the program after a declaration by the director of the department, in
consultation with the Director of Finance, that the department has
substantially completed its initial disbursement of round 6 funds to the
city, county, tribe, or continuum of care and that the city, county, tribe,
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87
or continuum of care has obligated at least 50% of its total round 6
award. Existing law requires the department, during the 2025–26 fiscal
year, to prepare to administer round 7 of the program with the goal that
initial round 7 disbursements will be available to grantees meeting the
statutory provisions for disbursement beginning September 1, 2026, as
specified.
This bill would require a continuum of care receiving funding pursuant
to round 7, as described above, to allocate funds to a smaller jurisdiction,
defined as a city with a population under 300,000. The bill would require
a smaller jurisdiction, in order to be eligible for funding, to, among
other things, adopt a resolution, as specified, have a compliant housing
element, and have adopted a local encampment policy, as described.
The bill would require a continuum of care to accept applications for
funding in accordance with specified procedures.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 50246 is added to the Health and Safety
line 2 Code, to read:
line 3 50246. (a) A continuum of care receiving funding pursuant to
line 4 paragraph (2) of subdivision (b) of Section 50245 shall allocate
line 5 funds to smaller jurisdictions pursuant to this section.
line 6 (b) In order to be eligible to receive funding pursuant to this
line 7 section, the smaller jurisdiction shall comply with each of the
line 8 following:
line 9 (1) (A) Adopt a resolution that does both of the following:
line 10 (i) Commits to participating in, and complying with, the
line 11 regionally coordinated homelessness action plan.
line 12 (ii) Directs the mayor to sign the memorandum of understanding
line 13 that reflects the regionally coordinated homelessness action plan.
line 14 (B) (i) Prior to adopting the resolution described in this
line 15 paragraph, the smaller jurisdiction shall hold a public hearing to
line 16 consider the regionally coordinated homelessness action plan.
line 17 (ii) At least 30 days prior to the public hearing, the smaller
line 18 jurisdiction shall post on its internet website the proposed,
line 19 approved, and amended regionally coordinated homelessness action
line 20 plan.
line 21 (2) Have a compliant housing element.
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— 2 — AB 1708
88
line 1 (3) Have adopted a local encampment policy consistent with
line 2 administration guidance.
line 3 (4) Demonstrate how its past actions, programs, and
line 4 appropriation of funds have served the objectives and goals of the
line 5 adopted regionally coordinated homelessness action plan and the
line 6 intent of the Homeless Housing, Assistance, and Prevention
line 7 program to prevent and expeditiously reduce unsheltered
line 8 homelessness through homelessness prevention activities.
line 9 (c) A continuum of care shall accept applications for funding
line 10 in accordance with the following procedure:
line 11 (1) During an initial period of 30 days, for round 7 funding, a
line 12 continuum of care shall accept only applications from smaller
line 13 jurisdictions determined to be eligible pursuant to subdivision (b).
line 14 (2) (A) The continuum of care shall evaluate the applications
line 15 submitted pursuant to paragraph (1) and award funds in compliance
line 16 with all round 7 rules and regulations.
line 17 (B) The continuum of care shall prioritize applications in which
line 18 a smaller jurisdiction agrees to utilize round 7 funding in
line 19 partnership with a nonprofit, another smaller jurisdiction, or other
line 20 private organization eligible for round 7 funding.
line 21 (3) If funding remains after the awards made pursuant to
line 22 paragraph (2), the continuum of care shall accept and evaluate
line 23 applications from other eligible applicants.
line 24 (d) For purposes of this section, “smaller jurisdiction” means a
line 25 city with a population under 300,000.
O
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AB 1708 — 3 —
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 26, 2026
PREPARED BY: Anthony J. Mejia, MMC
SUBJECT: RATIFICATION OF LETTER SUPPORTING CITY OF INDIAN WELLS
LOW FLOW CHANNEL PROJECT (PROPOSITION 1 GRANT
APPLICATION)
RECOMMENDATION:
Ratify the issuance of the letter supporting the City of Indian Wells’ Proposition 1 grant
application to the Coachella Valley Mountains Conservancy for the Low Flow Channel Capital
Improvement Project.
BACKGROUND/ANALYSIS:
On February 11, 2026, the City submitted a letter supporting the City of Indian Wells’ application
for Proposition 1 funding through the Coachella Valley Mountains Conservancy for
improvements to the Whitewater River Channel low-flow facility.
The Whitewater River Channel is a regional flood control and stormwater conveyance facility
serving communities throughout the Coachella Valley. The proposed project involves the
reconstruction of an approximately 5,800-foot concrete low-flow channel within the City of Indian
Wells to improve stormwater conveyance and sediment management. The total estimated
project cost is $2,000,000. The City of Indian Wells is requesting $1,200,000 in grant funding
from the Coachella Valley Mountains Conservancy.
In accordance with Resolution No. 2025-020, Mayor Trubee and Mayor Pro Tem Pradetto
reviewed and approved the letter in advance of formal ratification by the City Council.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ATTACHMENTS:
1. Letter of Support
91
City of Palm Desert
Letter of Support – Indian Wells Low Flow Channel Project
Page 2 of 2
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☐ Site-Specific Property Interest – Councilmembers should check if they own or lease real
property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2).
☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other
entitlements for use, and to contracts or franchise agreements other than competitively bid,
labor, or personal employment contracts.
Applicant(s)/Appellant(s): Not Applicable
Councilmembers should review any campaign contributions received within the last 12 months
from parties or participants to the proceeding and must not accept contributions over $500
from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determi nation. Each
Councilmember is responsible for identifying and disclosing any disqualifying interests in
accordance with the Political Reform Act and FPPC regulations.
92
C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@PALMDESERT.GOV
February 11, 2026
Coachella Valley Mountains Conservancy
Attn: Board of Directors
42-600 Cook Street, Suite 219
Palm Desert, CA 92260
RE: Support for City of Indian Wells Low Flow Channel Project (Proposition 1)
Dear Board of Directors:
On behalf of the City of Palm Desert, I am pleased to express our support for the City of
Indian Wells’ application for Proposition 1 grant funding through the Coachella Valley
Mountains Conservancy for the Low Flow Channel Capital Improvement Project.
The Whitewater River Stormwater Channel is a critical regional asset that provides flood
protection and stormwater conveyance for communities throughout the Coachella Valley.
Improvements to this system within Indian Wells will deliver measurable benefits to
neighboring jurisdictions by strengthening the overall performance and resilience of the
shared watershed.
If funded, the proposed project would:
• Improve water quality by reducing sediment transport and channel scouring
through better-managed low-flow conditions.
• Enhance erosion control by stabilizing channel slopes and protecting adjacent
regional infrastructure.
• Support long-term watershed health by maintaining natural hydrologic function
consistent with the California Water Action Plan.
The City of Palm Desert values regional collaboration on infrastructure investments that
protect public safety, improve environmental outcomes, and promote sustainable water
management. We view this project as an important component of those shared objectives
and respectfully urge the Conservancy’s favorable consideration of this request.
Sincerely,
Evan Trubee
Mayor, City of Palm Desert
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 26, 2026
PREPARED BY: Anthony J. Mejia, City Clerk
SUBJECT: RATIFICATION OF LETTER SUPPORTING CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO COMMUNITY PROJECT FUNDING
REQUEST FOR REGIONAL ENTREPRENEURIAL RESOURCE
CENTERS
RECOMMENDATION:
Ratify the issuance of a letter supporting California State University, San Bernardino’s $2.49
million Community Project Funding request for the Regional Entrepreneurial Resource Centers
program.
BACKGROUND/ANALYSIS:
The City submitted a letter to United States Senator Adam Schiff expressing support for
California State University, San Bernardino’s $2.49 million Community Project Funding re quest.
The request would support regional entrepreneurial and small business assistance programs
serving the Inland Empire, including Palm Desert. The proposed funding is intended to enhance
access to business development resources and strengthen regional economic development
efforts.
In accordance with Resolution No. 2025-020, Mayor Trubee and Mayor Pro Tem Pradetto
reviewed and approved the letter in advance of formal ratification by the City Council.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ATTACHMENTS:
1. Letter of Support - Schiff
2. Letter of Support - Padilla
95
City of Palm Desert
(CSUSB Federal Earmark Funding Request)
Page 2 of 2
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☐ Site-Specific Property Interest – Councilmembers should check if they own or lease real
property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2).
☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other
entitlements for use, and to contracts or franchise agreements other than competitively bid,
labor, or personal employment contracts.
Applicant(s)/Appellant(s): Not Applicable
Councilmembers should review any campaign contributions received within the last 12 months
from parties or participants to the proceeding and must not accept contributions over $500
from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determi nation. Each
Councilmember is responsible for identifying and disclosing any disqualifying interests in
accordance with the Political Reform Act and FPPC regulations.
96
C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@PALMDESERT.GOV
February 17, 2026
The Honorable Adam Schiff
United States Senator
112 Hart Senate Office Building
Washington, D.C. 20510
RE: Support for California State University, San Bernardino’s $2.49 Million
Community Project Funding Request for Regional Entrepreneurial Resource
Centers
Dear Senator Schiff:
On behalf of the City of Palm Desert, I am pleased to express our support for California
State University, San Bernardino’s $2.49 million Community Project Funding request for
the Regional Entrepreneurial Resource Centers program.
The Inland Empire Center for Entrepreneurship at California State University, San
Bernardino is the largest entrepreneurial support organization in the Inland Empire
dedicated to providing innovative programs and educational resources to aspiring and
existing entrepreneurs and small business owners. Since 2000, the Center has leveraged
university, federal, state, local, and private funding to develop and deliver entrepreneurial
training and small business counseling services to more than 213,552 businesses. These
efforts have resulted in an economic impact of over $1.013 billion, supported more than
62,459 jobs, and led to the launch of more than 2,839 distinct startups.
We respectfully request your favorable consideration of CSUSB’s congressional directed
spending request of $2.49 million to support the Regional Entrepreneurial Resource
Centers program serving the Inland Empire, including locations in Palm Desert,
Temecula, and San Bernardino.
Sincerely,
Evan Trubee
Mayor, City of Palm Desert
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98
C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
INFO@PALMDESERT.GOV
February 17, 2026
The Honorable Alex Padilla
United States Senator
331 Hart Senate Office Building
Washington, D.C. 20510
RE: Support for California State University, San Bernardino’s $2.49 Million
Community Project Funding Request for Regional Entrepreneurial Resource
Centers
Dear Senator Padilla:
On behalf of the City of Palm Desert, I am pleased to express our support for California
State University, San Bernardino’s $2.49 million Community Project Funding request for
the Regional Entrepreneurial Resource Centers program.
The Inland Empire Center for Entrepreneurship at California State University, San
Bernardino is the largest entrepreneurial support organization in the Inland Empire
dedicated to providing innovative programs and educational resources to aspiring and
existing entrepreneurs and small business owners. Since 2000, the Center has leveraged
university, federal, state, local, and private funding to develop and deliver entrepreneurial
training and small business counseling services to more than 213,552 businesses. These
efforts have resulted in an economic impact of over $1.013 billion, supported more than
62,459 jobs, and led to the launch of more than 2,839 distinct startups.
We respectfully request your favorable consideration of CSUSB’s congressional directed
spending request of $2.49 million to support the Regional Entrepreneurial Resource
Centers program serving the Inland Empire, including locations in Palm Desert,
Temecula, and San Bernardino.
Sincerely,
Evan Trubee
Mayor, City of Palm Desert
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 26, 2026
PREPARED BY: Sarah Castro, Sr. Administrative Assistant
SUBJECT: AMENDMENT TO THE 2026 CITY COUNCIL LIAISON AND
SUBCOMMITTEE ASSIGNMENTS
RECOMMENDATION:
Approve amendments to the 2026 City Council Liaison and Subcommittee Assignments.
BACKGROUND/ANALYSIS:
On January 22, 2026, the City Council approved the 2026 City Council Liaison and
Subcommittee Assignments and Appointment of Representatives to External Organizations.
Since that time, staff has requested that the Mayor consider appointments to two newly
established 2x2 committees: Desert Recreation District , and College of the Desert. In addition,
staff is formally incorporating the Dining Deck Liaisons to Staff into the 2026 roster, consistent
with the roster approved by the City Council on June 12, 2025.
The Artists Council has requested the establishment of a City Council Liaison. The liaison would
serve in a non-voting, non-board capacity and participate in monthly coordination meetings with
the Board Chair and Executive Manager, as well as attend select events, as appropriate, to
support communication and collaboration.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no financial impact associated with this action.
ATTACHMENTS:
1. Revised 2026 City Council Roster
101
City of Palm Desert
2026 City Council Assignments Revision
Page 2 of 2
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☐ Site-Specific Property Interest – Councilmembers should check if they own or lease real
property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2).
☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other
entitlements for use, and to contracts or franchise agreements other than competitively bid,
labor, or personal employment contracts.
Applicant(s)/Appellant(s): Not Applicable
Councilmembers should review any campaign contributions received within the last 12 months
from parties or participants to the proceeding and must not accept contributions over $500
from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determi nation. Each
Councilmember is responsible for identifying and disclosing any disqualifying interests in
accordance with the Political Reform Act and FPPC regulations.
102
GROUP ROLE 2026 PROPROSED
APPOINTEE(S)
2026 PROPOSED
ALTERNATE
FORM
700 STIPEND STAFF LIAISON MEETING SCHEDULE
City Selection Committee (Mayor)Member Trubee Pradetto No N/A A. Mejia Annual Meeting, Riverside, CA
Desert Willow President's Committee (Mayor)Member Trubee Pradetto City N/A V. Chavez 3rd Tuesday – 10:00 a.m.
Living Desert Board of Trustees Advisory Council (Mayor)Member Trubee Pradetto City N/A V. Chavez 4th Friday – 12:00 p.m. (Jan., April, Nov.)
PD Finance Committee (Mayor & MPT)Members Trubee/ Pradetto N/A City N/A V. Chavez 4th Tuesday – 10:00 a.m. (Jan., April, July, Oct.), ACR
PD Outside Agency Funding Committee (Mayor & MPT)Members Trubee/ Pradetto N/A City N/A V. Chavez As needed - ACR
Coachella Valley Mountains Conservancy Board Member Trubee Nestande Yes $75 R. Chavez Quarterly 2nd Monday - 3:00 p.m.
CVAG Coachella Valley Conservation Commission Member Trubee Quintanilla Yes $100 R. Chavez 2nd Thursday – 10:30 a.m.
PD Parks and Recreation Committee Liaison Trubee Nestande City N/A R. Chavez 1st Tuesday – 8:30 a.m. (ACR)
PD Recreational Facilities Corporation (Desert Willow ABC License)Member Nestande Trubee City N/A V. Chavez 2nd Monday in June (ACR)
California Joint Powers Insurance Authority Member Pradetto Trubee No $100 A. Staehle July 22, 2026 – CJPIA Office, La Palma
CVAG Executive Committee Member Trubee Pradetto Yes $125 C. Escobedo Last Monday – 4:00 p.m.
League of California Cities Annual Business Meeting Member Trubee Quintanilla No N/A A. Mejia September 25, 2026, Anaheim, CA
Southern California Association of Governments General Assembly Member Quintanilla Pradetto Yes N/A A. Mejia May 2026
Coachella Valley Animal Campus Commission Member Quintanilla Trubee No N/A R. Cannone Bimonthly, 1st Thursday – 9:30 a.m.
Cove Communities Services Commission (Two Members)Members Trubee/Quintanilla Nestande No N/A R. Cannone As needed
CVAG Public Safety Committee Member Quintanilla Trubee Yes $100 R. Cannone 2nd Monday – 9:00 a.m.
Joslyn Center Board of Directors Liaison Quintanilla Not Allowed No N/A R. Cannone 4th Tuesday – 3:30 p.m.
PD Public Safety Committee Liaison Trubee Quintanilla City N/A D. Hurtado Bimonthly, 2nd Tuesday – 3:30 p.m. (ACR)
PD Cultural Arts Committee Liaison Nestande Quintanilla City N/A E. Jimenez 2nd Wednesday – 9:00 a.m. (ACR)
PD Historic Preservation Committee Liaison Trubee Harnik City N/A R. Lua Bimonthly 4th Wednesday – 9:00 a.m. (ACR)
Palm Desert Historical Society Liaison Trubee Nestande No N/A R. Lua 3rd Tuesday – 5:30 p.m.
PD Library Advisory Committee Liaison Trubee Harnik City N/A S. Vonnegut 4th Monday – 1:00 p.m. (March, June, Sept., Dec.), ACR
2026 CITY COUNCIL ROSTER OF EXTERNAL APPOINTMENTS
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GROUP ROLE 2026 PROPROSED
APPOINTEE(S)
2026 PROPOSED
ALTERNATE
FORM
700 STIPEND STAFF LIAISON MEETING SCHEDULE
2026 CITY COUNCIL ROSTER OF EXTERNAL APPOINTMENTS
CVAG Homelessness Committee Member Pradetto Nestande Yes $100 I. Tenorio 3rd Wednesday – 10:00 a.m.
PD Housing Commission Liaison Pradetto Quintanilla City N/A C. Flores 2nd Wednesday – 3:30 p.m., (ACR)
PD Homelessness Taskforce (Two Members)Liaisons Pradetto/ Quintanilla Nestande City N/A I. Tenorio 2nd Monday – 9:00 a.m. (May & Nov.), ACR
Regional Access Project Foundation Board Member Quintanilla Not Allowed Yes N/A V. Chavez 4th Wednesday – 9:00 a.m.
Children’s Discovery Museum of the Desert Liaison Quintanilla Nestande No N/A V. Chavez 3rd Wednesday – 4:00 p.m.
Desert Sands USD 2X2 Committee (Two Members)Members Trubee/Pradetto Harnik No N/A C. Escobedo As needed
McCallum Education Committee Member Quintanilla Nestande No N/A A. Lawrence February, March, May, 2026- 4:30 p.m.
PD Civic Engagement Committee (Two Members)Liaisons Quintanilla/ Trubee N/A City N/A R. Penta 3rd Thursday - 11:00 a.m. (April & Oct.) – ACR
YMCA Board of Directors Liaison Nestande Trubee No N/A C. Escobedo 4th Thursday – 12:00 p.m.
CVWD Water Issues 2x2 Committee (Two Members)Members Nestande/Pradetto N/A No N/A M. Alvarez As needed
PD El Paseo Business Improvement District Board Liaison Trubee Nestande City N/A T. Soule 3rd Thursday – 8:00 a.m. (ACR)
PD Area Chamber of Commerce Board of Directors Liaison Nestande Pradetto No N/A M. Alvarez 4th Tuesday – 7:30 a.m. (PDACC)
Visit Greater Palm Springs Joint Powers Authority Member Trubee Harnik Yes $100 T. Soule 4th Friday – 8:30 a.m.
CVAG Transportation Committee Member Harnik Pradetto Yes $100 R. Chavez 1st Monday – 10:00 a.m.
Riverside County Transportation Commission (RCTC)Member Harnik Pradetto Yes $100 R. Chavez 2nd Wednesday – 9:30 a.m.
SunLine Transit Agency Board Member Quintanilla Harnik Yes $50 R. Chavez 4th Wednesday – 12:00 p.m.
CVAG Desert Community Energy Board Member V. Chavez Quintanilla Yes N/A V. Chavez 3rd Monday – 12:00 p.m., CVAG Office
CVAG Energy & Sustainability Committee Member Nestande Trubee Yes $100 C. Gerry 2nd Thursday – 12:00 p.m.
PD Environmental Resources Committee Liaison Harnik Trubee City N/A C. Gerry As needed – ACR
104
TOPIC DEPT.
Active Transportation Program Harnik Trubee R. Chavez PW
Affordable Housing Policy Pradetto Quintanilla C. Flores DS
Animal Services Quintanilla Trubee R. Cannone CMO
City/University Planning Pradetto Harnik C. Escobedo CMO
Boards and Commissions Trubee Pradetto A. Mejia CMO
Dining Deck Subcommittee Trubee Pradetto C. Flores DS
Downtown Zoning Pradetto Quintanilla R. Lua DS
Economic Development Harnik Nestande M. Alvarez ED
Governmental and Legislative Affairs Mayor MPT A. Mejia CMO
Hillside Development Harnik Pradetto R. Lua DS
Litigation Trubee Pradetto C. Escobedo CMO
Palm Desert Aquatic Center Nestande Pradetto S. Muir PW
Palm Desert Entrepreneurial Resource Center Pradetto Trubee M. Alvarez ED
Park Naming Pradetto Trubee
Seasonal Lighting and Décor Harnik Trubee R. Chavez PW
Short Tem Rentals Nestande Harnik C. Flores DS
Special Events Mayor MPT A. Lawrence ED
Unified Development Pradetto Trubee R. Lua DS
2026 CITY COUNCIL LIAISONS TO CITY STAFF
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Page 1 of 4
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 26, 2026
PREPARED BY: Thomas Soule, Public Affairs Manager
SUBJECT: APPROVE A FISCAL YEAR 2025/26 EL PASEO PARKING AND
BUSINESS IMPROVEMENT DISTRICT MID-YEAR BUDGET
ADJUSTMENT AND AMEND THE FG CREATIVE MARKETING
SERVICES CONTRACT.
RECOMMENDATION:
1. Appropriate $50,000 to El Paseo Business Improvement District Account No. 2714491-
4321500 as part of the FY 2025-26 Midyear Review.
2. Approve Amendment No. 7 to Contract No. C43370 with FG Creative to increase the FY
2025-26 not-to-exceed contract amount from $250,000 to $325,000.
3. Authorize the City Manager to execute Amendment No. 7 and make any necessary non-
monetary changes to the agreement.
BACKGROUND/ANALYSIS:
The El Paseo Parking and Business Improvement District (EPPBID) was established in 1984
pursuant to the California Streets and Highways Code. The District is funded through annual
business assessments levied on El Paseo merchants based on gross sales. Assessment
revenues are restricted for qualified activities that benefit the district, including marketing and
promotional efforts.
Because assessment revenues fluctuate annually based on reported sales, the District’s budget
varies from year to year and cannot be projected with precision at the time of budget adoption.
Historically, the EPPBID Advisory Board adopts a baseline annual budget and then evaluates
revenues and available fund balance mid -year to determine whether additional marketing
expenditures are appropriate. When mid -year adjustments are approved, corresponding
amendments to the marketing services contract are required to align contract authority with the
Board-approved budget.
The City entered into a three-year agreement with FG Creative effective July 1, 2022, with two
one-year extension options. Amendments to the agreement have historically been administrative
in nature and tied to annual baseline budget adjustments and mid -year Board-approved
increases. These amendments reflect pass-through advertising, media buying, and production
costs funded by BID assessments and have not increased the agency’s compensation.
For FY 2025-26, the following actions have occurred:
• Amendment No. 6 approved the first one-year contract extension at the original contract
amount of $250,000.
107
City of Palm Desert
FY 25/26 EPPBID Mid-year Budget Adjustment
Page 2 of 4
• The City Council adopted the FY 2025-26 budget, which included $275,000 for EPPBID
marketing services.
• At its November 20, 2025 meeting, the EPPBID Board approved $40,000 in additional
advertising expenditures.
• At its December 18, 2025 meeting, the Board approved an additional $10,000 for print
advertising and social media content production.
Together, the Board’s actions constitute a $50,000 mid -year budget adjustment. City Council
approval is required to appropriate these funds and to amend the contract accordingly.
Amendment No. 7 will:
• Align the contract authority with the City Council-adopted FY 2025-26 baseline budget;
and
• Incorporate the $50,000 mid-year budget adjustment approved by the EPPBID Board.
Approval of Amendment No. 7 will increase the FY 2025 -26 not-to-exceed contract amount to
$325,000. The additional authority reflects Board-approved marketing expenditures funded by
BID revenues and does not increase the agency’s compensation.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
Approval of this action will incorporate a $50,000 adjustment into the FY 2025 -26 EPPBID
operating budget. Revenues are available in Fund Balance for this purpose. The adjustment will
accommodate the Board approved services to be included as part of Contract Amendment No.
7 with FG Creative.
Description Sources Uses Balance
FY 2025-26 EPPBID Budget $275,000
2.26.26 Appropriation (This Request) $50,000
Contract C43370 $250,000
*Amendment No. 7 (This Request) $75,000
Total $325,000 $325,000 $0
*FG Creative has a multi-year contract. Amendment No. 7 is the only amendment in FY 2025-26.
There is no fiscal impact to the General Fund with this action.
ATTACHMENTS:
1. Contract No. C43370 with FG Creative
2. Amendment No. 1 to Contract No. C43370
3. Amendment No. 2 to Contract No. C43370
4. Amendment No. 3 to Contract No. C43370
5. Amendment No. 4 to Contract No. C43370
6. Amendment No. 5 to Contract No. C43370
108
City of Palm Desert
FY 25/26 EPPBID Mid-year Budget Adjustment
Page 3 of 4
7. Amendment No. 6 to Contract No. C43370
8. Draft Amendment No. 7 to Contract No. C43370
109
City of Palm Desert
FY 25/26 EPPBID Mid-year Budget Adjustment
Page 4 of 4
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☐ Site-Specific Property Interest – Councilmembers should check if they own or lease real
property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2).
☒ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other
entitlements for use, and to contracts or franchise agreements other than competitively bid,
labor, or personal employment contracts.
Applicant(s)/Appellant(s): FG Creative
Councilmembers should review any campaign contributions received within the last 12 months
from parties or participants to the proceeding and must not accept contributions over $500
from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determination. Each
Councilmember is responsible for identifying and disclosing any disqualifying interests in
accordance with the Political Reform Act and FPPC regulations.
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Contract No. C43370
CITY OF PALM DESERT
AMENDMENT NO. 1 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT
TO MARKETING SERVICES CONTRACT No. C43370
This AMENDMENT (“Amendment”) to the FG Creative Professional Consultant Services
Agreement for Marketing Services No. C43370 is made as of May 11, 2023 (“Effective
Date”) by and between the CITY OF PALM DESERT, a municipal corporation organized
under the laws of the State of California, having a principal place of business at 73-510
Fred Waring Drive, Palm Desert, California, (the "Authority") and FG Creative, Inc., a
California Corporation with its principal place of business at 19725 Driscoll Road, Desert
Hot Springs, CA 92241 ("Consultant"). City and Consultant are sometimes individually
referred to herein as "Party" and collectively as "Parties.”
RECITALS
A. The City of Palm Desert is a municipal corporation organized under the laws
of the State of California.
B. The Consultant is engaged in the business of providing professional
marketing consulting services to public clients and has represented to the
City that the Contractor is experienced and competent in said business.
C. The City and Consultant desire to enter into this Amendment to the
Agreement.
D. The Parties entered into that certain Professional Consultant Services
Agreement for Marketing Services Contract No. C43370, by and between
the City of Palm Desert and FG Creative, Inc., dated June 23, 2022
(“Contract”), which was effective on July 1, 2022.
NOW, THEREFORE, the Parties agree to amend the Contract as follows:
Section 3.6.A Compensation shall be amended to read: “Consultant shall receive
compensation, including authorized reimbursements, for all Services rendered under this
Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein
by reference. The total compensation shall not exceed Two Hundred Ninety Thousand
Dollars ($290,000.00) without written approval of the City Council or City Manager, as
applicable.”
All other terms of the Contract to remain unchanged and in full force and effect.
DocuSign Envelope ID: 4837D720-67C4-41A7-9AA7-D8052DBD4A19
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Contract No. C43370
IN WITNESS THEREOF, the Parties have executed this Amendment on the date
first above written.
CITY OF PALM DESERT FG CREATIVE, INC.
By: ____________________________ By: __________________________
L. Todd Hileman Stephanie Greene
City Manager Principal
Attest:
Anthony J. Mejia
City Clerk
Approved as to Form:
______________________________
Best, Best, & Krieger LLP
City Attorney
QC: MN
INSURANCE:
INITIAL REVIEW
FINAL REVIEW
DocuSign Envelope ID: 4837D720-67C4-41A7-9AA7-D8052DBD4A19
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Contract No. C43370
7. EXHIBIT “C”
7.1 COMPENSATION
The CITY's budget for advertising and publicizing the EPPBID's facilities, services and events is
established as part of the CITY's fiscal year budget for the period of July 1, 2022 - June 30, 2023, at
$290,000. The CITY reserves the right, at any time during the term or any extension thereof, to adjust
the amount budgeted for advertising and promotion services. Prior to performing any services or
furnishing any material contemplated by this Contract to be undertaken and furnished by FG CREATIVE,
the CITY or its designee, after conferring with FG CREATIVE, shall authorize the services rendered and
materials to be furnished, the agreed compensation to be paid for their services, the manner of
payment (lump sum or periodic progress payments), the description and estimate of reimbursable
expense, and such other matters as may be deemed proper. Subject to the limitations and provisions set
forth in this section, the CITY shall compensate and reimburse FG CREATIVE as follows:
The CITY will pay FG CREATIVE a flat fee of $3,500 per month to cover advertising
services in accordance with the proposal presented by FG CREATIVE as attached in the
Addendum to the EPPBID and/or any marketing mutually agreed to by the parties hereto.
The fee covers not less than 40 hours per month; such services include, but are not limited
to, meetings, account planning and service, production management, media planning and
buying, and clerical.
FG CREATIVE will purchase media at the lowest rate available. All billings will be
submitted at net costs for payment by the CITY. FG CREATIVE will not markup billings or
receive commissions.
FG CREATIVE shall bill the CITY monthly for the previous month's activities. Each invoice
shall contain, in reasonable detail, the projects and services worked on and rendered with
supporting documentation of reimbursable costs and expenses. Payment and
reimbursements provided for in this in Section 4 will be made in due course by the City of
Palm Desert.
FG CREATIVE shall keep full and accurate books of account and records and other
pertinent data in accordance with generally accepted accounting principles reflecting all
transactions contemplated by this Contract.
7.2 RENEWAL
In the event that this Agreement is renewed pursuant to the Section titled "Term," the rates set forth
above may be increased or reduced each year at the time of renewal, but any increase shall not exceed
the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA
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BBK 72500.00001\32445060.1
AMENDMENT NO. 2 TO THE PROFESSIONAL CONSULTANT SERVICES
AGREEMENT FOR MARKETING SERVICES
BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE
1. Parties and Date.
This Amendment No 2 to the PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR MARKETING SERVICES is made and entered into as of this 24th day of August 2023, by
and between the City of Palm Desert (“City”) and FG Creative, a Corporation, with its principal
place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241 ("Vendor"). The
City and Vendor are sometimes individually referred to herein as "Party" and collectively as
"Parties."
2. Recitals.
2.1 Agreement. The City and FG Creative have entered into an agreement entitled
“Professional Consultant Services Agreement for Marketing Services” dated June 23, 2022
(“Agreement” or “Contract”) for the purpose of retaining the services of FG Creative to provide
Marketing Services.
2.2 Amendment. The City and FG Creative entered into that Amendment No. 1 to
increase compensation during the period of July 1, 2022 through June 30, 2023.
2.3 Amendment. The City and FG Creative desire to amend the Agreement to
establish compensation for the second year of the contract. The Parties have heretofore entered
into that Amendment No. 1 dated May 11, 2023.
2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section
3.9 (N) Amendment; Modification of the Agreement.
3. Terms.
3.1 3.6.A Compensation is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all Services
rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and
incorporated herein by reference. The total compensation shall not exceed Two Hundred Fifty
Thousand Dollars ($250,000) without the written approval of the City Council or City Manager, as
applicable.
3.2 “Exhibit C” is hereby deleted in its entirety and replaced with “Exhibit C” attached
hereto and incorporated herein by reference.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of
the parties under this Amendment No. 2. From and after the date of this Amendment No. 2,
whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the
Agreement as amended by this Amendment No. 2.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
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Contract No. C43370
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BBK 72500.00001\32445060.1
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 2.
3.5 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.6 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each
of which is deemed to be an original, but when taken together, shall constitute but one and the
same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE PROFESSIONAL CONSULTANT
SERVICES AGREEMENT FOR MARKETING SERVICES BETWEEN THE CITY OF
PALM DESERT AND FG CREATIVE
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the
Professional Consultant Services Agreement for Marketing Services as of the day and
year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Best Best & Krieger LLP
City Attorney
FG CREATIVE, A CORPORATION
By:
Its: CEO
Printed Name: Stephanie Greene
By:
Its: CFO
Printed Name: Stephanie Greene
QC: MN
Insurance:
_____
Initial Review
_____
Final Approval
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BBK 72500.00001\32445060.1
7. EXHIBIT “C”
7.1 COMPENSATION
The CITY's budget for advertising and publicizing the EPPBID's facilities, services, and
events is established as part of the CITY's fiscal year budget for the period of July 1,
2023 - June 30, 2024, at $250,000. The CITY reserves the right, at any time during the
term or any extension thereof, to adjust the amount budgeted for advertising and
promotion services. Prior to performing any services or furnishing any material
contemplated by this Contract to be undertaken and furnished by FG CREATIVE, the
CITY or its designee, after conferring with FG CREATIVE, shall authorize the services
rendered and materials to be furnished, the agreed compensation to be paid for their
services, the manner of payment (lump sum or periodic progress payments), the
description and estimate of reimbursable expense, and such other matters as may be
deemed proper. Subject to the limitations and provisions set forth in this section, the
CITY shall compensate and reimburse FG CREATIVE as follows:
The CITY will pay FG CREATIVE a flat fee of $3,250 per month to cover advertising
services in accordance with the proposal presented by FG CREATIVE as attached in the
Addendum to the EPPBID and/or any marketing mutually agreed to by the parties
hereto. The fee covers not less than 40 hours per month; such services include, but are
not limited to, meetings, account planning and service, production management, media
planning and buying, and clerical.
FG CREATIVE will purchase media at the lowest rate available. All billings will be
submitted at net costs for payment by the CITY. FG CREATIVE will not markup billings
or receive commissions.
FG CREATIVE shall bill the CITY monthly for the previous month's activities. Each
invoice shall contain, in reasonable detail, the projects and services worked on and
rendered with supporting documentation of reimbursable costs and expenses. Payment
and reimbursements provided for in this in Section 4 will be made in due course by the
City of Palm Desert.
FG CREATIVE shall keep full and accurate books of account and records and other
pertinent data in accordance with generally accepted accounting principles reflecting all
transactions contemplated by this Contract.
7.2 RENEWAL
In the event that this Agreement is renewed pursuant to the Section titled "Term," the rates set
forth above may be increased or reduced each year at the time of renewal, but any increase
shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-
Ontario, CA.
DocuSign Envelope ID: 4A3B2A92-D07C-410F-B5B8-C21A1996D9B0
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AMENDMENT NO. 3 TO THE PROFESSIONAL CONSULTANT SERVICES
AGREEMENT, C43370 FOR MARKETING SERVICES BETWEEN THE CITY OF PALM
DESERT AND FG CREATIVE
1.Parties and Date.
This Amendment No. 3 to the made and entered into as of this 28th day of March 2024,
by and between the City of Palm Desert (“City”) and FG CREATIVE, a Corporation, with its
principal place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241 ("Vendor").
The City and Vendor are sometimes individually referred to herein as "Party" and collectively as
"Parties."
2. Recitals.
2.1 Agreement. The City and FG Creative have entered into an agreement entitled
“Professional Consultant Services Agreement for Marketing Services” dated June 23, 2022
(“Agreement” or “Contract”) for the purpose of retaining the services of FG Creative to provide
Marketing Services.
2.2 Amendment. The City and FG Creative entered into that Amendment No. 1 to
increase compensation during the period of July 1, 2022 through June 30, 2023. The Parties
have heretofore entered into Amendment No. 1 dated May 11, 2023
2.3 Amendment. The City and FG Creative entered into Amendment 2. to establish
compensation for the second year of the contract, July 1, 2023 through June 30, 2024. The Parties
have heretofore entered into Amendment No. 2 dated August 24, 2023.
2.4 Amendment. The City and FG Creative desire to amend the Agreement to
increase compensation for second year of contract, July 1, 2023 through June 30, 2024.
2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section
3.9(N) Amendment; Modification of the Agreement.
3. Terms.
3.1 Section 3.6.A Compensation. Section 3.6.A of the Agreement is hereby amended
in its entirety to read as follows:
"NOW, THEREFORE, the Parties agree to amend the
Contract as follows:"
Section 3.6.A Compensation shall be amended to read: “Consultant
shall receive compensation, including authorized reimbursements, for
all Services rendered under this Agreement at the rates set forth in
Exhibit "C" attached hereto and incorporated herein by reference. The
total compensation shall not exceed Two Hundred Sixty-Five
Thousand Dollars ($265,000.00) without written approval of the City
Council or City Manager, as applicable.”
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3.2 “Exhibit C” is hereby deleted in its entirety and replaced with “Exhibit C” attached
hereto and incorporated herein by reference.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of
the parties under this Amendment No. 3. From and after the date of this Amendment No. 3,
whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the
Agreement as amended by this Amendment No. 3.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 3.
3.5 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.6 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each
of which is deemed to be an original, but when taken together shall constitute but one and the
same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO THE PROFESSIONAL CONSULTANT
SERVICES AGREEMENT FOR MARKETING SERVICES BETWEEN THE CITY OF
PALM DESERT AND FG CREATIVE
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the
Professional Consultant Services Agreement for Marketing Services as of the day and
year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
FG CREATIVE, a Corporation
By:
Its: CEO
Printed Name:
By:
Its: CFO
Printed Name:
QC:
Insurance:
_____
Initial Review
_____
147
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BBK 72500.00001\32445060.1
AMENDMENT NO. 4 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT,
C43370 FOR MARKETING SERVICES BETWEEN THE CITY OF PALM DESERT AND FG
CREATIVE
1. Parties and Date.
This Amendment No. 4 to the made and entered into as of this 11th day of July 2024, by
and between the City of Palm Desert (“City”) and FG CREATIVE, a Corporation, with its principal
place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241 ("Vendor"). The City
and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Agreement. The City and FG Creative have entered into an agreement entitled
“Professional Consultant Services Agreement for Marketing Services” dated June 23, 2022
(“Agreement” or “Contract”) for the purpose of retaining the services of FG Creative to provide
Marketing Services.
2.2 Amendment. The City and FG Creative entered into Amendment No. 1 to
increase compensation during the period of July 1, 2022 through June 30, 2023. The Parties have
heretofore entered into Amendment No. 1 dated May 11, 2023
2.3 Amendment. The City and FG Creative entered into Amendment No. 2 to establish
compensation for the second year of the contract, July 1, 2023 through June 30, 2024. The Parties
have heretofore entered into Amendment No. 2 dated August 24, 2023.
2.4 Amendment. The City and FG Creative entered into Amendment No. 3 to increase
compensation for the period of July 1, 2023 through June 30, 2024. The Parties have heretofore
entered into Amendment No. 3 dated March 11, 2024.
2.5 Amendment. The City and FG Creative desire to amend the Agreement to
establish compensation for the third year of the contract, July 1, 2024 through June 30, 2025.
2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section
3.9 (N) Amendment; Modification of the Agreement.
3. Terms.
3.1 3.6.A Compensation is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all
Services rendered under this Agreement at the rates set forth in Exhibit "C" attached
hereto and incorporated herein by reference. The total compensation shall not exceed
Two Hundred Seventy-Five Thousand Dollars ($275,000) without the written approval of
the City Council or City Manager, as applicable.
3.2 “Exhibit C” is hereby deleted in its entirety and replaced with “Exhibit C” attached
hereto and incorporated herein by reference.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of
the parties under this Amendment No. 4. From and after the date of this Amendment No. 4,
149
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BBK 72500.00001\32445060.1
whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the
Agreement as amended by this Amendment No. 4.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 4.
3.5 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.6 Counterparts. This Amendment No. 4 may be executed in duplicate originals, each
of which is deemed to be an original, but when taken together shall constitute but one and the
same instrument.
[SIGNATURES ON FOLLOWING PAGE]
150
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BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR AMENDMENT NO. 4 TO THE PROFESSIONAL CONSULTANT
SERVICES AGREEMENT FOR MARKETING SERVICES BETWEEN THE CITY OF
PALM DESERT AND FG CREATIVE
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 to the
Professional Consultant Services Agreement for Marketing Services as of the day and
year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
FG CREATIVE, a Corporation
By:
Stephanie Greene
CEO
By:
Stephanie Greene
CEO
QC:
Insurance:
_____
Initial Review
_____
Final Approval
151
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BBK 72500.00001\32445060.1
7. EXHIBIT “C”
7.1 COMPENSATION
The CITY's budget for advertising and publicizing the EPPBID's facilities, services, and events
is established as part of the CITY's fiscal year budget for the period of July 1, 2024 - June 30,
2025, at $275,000. The CITY reserves the right, at any time during the term or any extension
thereof, to adjust the amount budgeted for advertising and promotion services. Prior to
performing any services or furnishing any material contemplated by this Contract to be
undertaken and furnished by FG CREATIVE, the CITY or its designee, after conferring with FG
CREATIVE, shall authorize the services rendered and materials to be furnished, the agreed
compensation to be paid for their services, the manner of payment (lump sum or periodic
progress payments), the description and estimate of reimbursable expense, and such other
matters as may be deemed proper. Subject to the limitations and provisions set forth in this
section, the CITY shall compensate and reimburse FG CREATIVE as follows:
• The CITY will pay FG CREATIVE a flat fee of $3,350 per month to cover advertising
services in accordance with the proposal presented by FG CREATIVE as attached in the
Addendum to the EPPBID and/or any marketing mutually agreed to by the parties
hereto. The fee covers not less than 40 hours per month; such services include, but are
not limited to, meetings, account planning and service, production management, media
planning and buying, and clerical.
• FG CREATIVE will purchase media at the lowest rate available. All billings will be
submitted at net costs for payment by the CITY. FG CREATIVE will not markup billings
or receive commissions.
• FG CREATIVE shall bill the CITY monthly for the previous month's activities. Each
invoice shall contain, in reasonable detail, the projects and services worked on and
rendered with supporting documentation of reimbursable costs and expenses. Payment
and reimbursements provided for in this in Section 4 will be made in due course by the
City of Palm Desert.
• FG CREATIVE shall keep full and accurate books of account and records and other
pertinent data in accordance with generally accepted accounting principles reflecting all
transactions contemplated by this Contract.
Fees $ 44,250
Branding $ 43,500
Advertising $ 104,400
Merchant Support $ 40,050
Community
Partnerships $ 3,800
Activations/Events $ 39,000
$ 275,000
7.2 RENEWAL
In the event that this Agreement is renewed pursuant to the Section titled "Term," the rates set
forth above may be increased or reduced each year at the time of renewal, but any increase
shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino
Ontario, CA.
152
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BBK 72500.00001\32445060.1
AMENDMENT NO. 5 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT,
C43370 FOR MARKETING SERVICES BETWEEN THE CITY OF PALM DESERT AND FG
CREATIVE
1. Parties and Date.
This Amendment No. 5 to the made and entered into as of this 11th day of March 2025,
by and between the City of Palm Desert (“City”) and FG CREATIVE, a Corporation, with its
principal place of business at 19725 Driscoll Road, Desert Hot Springs, CA 92241 ("Vendor").
The City and Vendor are sometimes individually referred to herein as "Party" and collectively as
"Parties."
2. Recitals.
2.1 Agreement. The City and FG Creative have entered into an agreement entitled
“Professional Consultant Services Agreement for Marketing Services” dated June 23, 2022
(“Agreement” or “Contract”) for the purpose of retaining the services of FG Creative to provide
Marketing Services.
2.2 Amendment. The City and FG Creative entered into Amendment No. 1 to
increase compensation during the period of July 1, 2022 through June 30, 2023. The Parties have
heretofore entered into Amendment No. 1 dated May 11, 2023.
2.3 Amendment. The City and FG Creative entered into Amendment No. 2 to establish
compensation for the second year of the contract, July 1, 2023 through June 30, 2024. The Parties
have heretofore entered into Amendment No. 2 dated August 24, 2023.
2.4 Amendment. The City and FG Creative entered into Amendment No. 3 to increase
compensation for the period of, July 1, 2023 through June 30, 2024. The Parties have heretofore
entered into Amendment No. 3 dated March 11, 2024.
2.5 Amendment. The City and FG Creative entered into Amendment No. 4 to establish
compensation for the third year of the contract, July 1, 2024 through June 30, 2025.
2.6 Amendment. The City and FG Creative wish to amend the Agreement to increase
the total compensation in recognition of expanded services to be provided during the remainder
of the Agreement’s third term, covering the period from July 1, 2024, through June 30, 2025.
2.7 Amendment Authority. This Amendment No. 5 is authorized pursuant to Section
3.9 (N) Amendment; Modification of the Agreement.
3. Terms.
3.1 3.6.A Compensation is hereby amended in its entirety to read as follows:
Consultant shall receive compensation, including authorized reimbursements, for all
Services rendered under this Agreement at the rates set forth in Exhibit "C" attached
hereto and incorporated herein by reference. The total compensation shall not exceed
Three Hundred Twenty-Five Thousand Dollars and no cents ($325,000) for fiscal year
2024-25 without the written approval of the City Council or City Manager, as applicable.
3.2 Exhibit C” is hereby deleted in its entirety and replaced with “Exhibit C” attached
hereto and incorporated herein by reference.
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3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of
the parties under this Amendment No. 5. From and after the date of this Amendment No. 5,
whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the
Agreement as amended by this Amendment No. 5.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment No. 5.
3.5 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
3.6 Counterparts. This Amendment No. 5 may be executed in duplicate originals, each
of which is deemed to be an original, but when taken together shall constitute but one and the
same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 5 TO HE PROFESSIONAL CONSULTANT
SERVICES AGREEMENT FOR MARKETING SERVICES BETWEEN THE CITY OF
PALM DESERT AND FG CREATIVE
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 5 to the
Professional Consultant Services Agreement for Marketing Services as of the day and
year first above written.
CITY OF PALM DESERT
By:
Chris Escobedo
Interim City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
FG CREATIVE, A LIMITED LIABILITY
COMPANY
By:
Stephanie Greene
CEO and CFO
City Clerk QC: MN
Contract QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Docusign Envelope ID: B3CDAF28-EC04-4E03-96E2-1E20D1E0D922
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BBK 72500.00001\32445060.1
7. EXHIBIT “C”
7.1 COMPENSATION
The CITY's budget for advertising and publicizing the EPPBID's facilities, services, and events
is established as part of the CITY's fiscal year budget for the period of July 1, 2024 - June 30,
2025, at $325,000. The CITY reserves the right, at any time during the term or any extension
thereof, to adjust the amount budgeted for advertising and promotion services. Prior to
performing any services or furnishing any material contemplated by this Contract to be
undertaken and furnished by FG CREATIVE, the CITY or its designee, after conferring with FG
CREATIVE, shall authorize the services rendered and materials to be furnished, the agreed
compensation to be paid for their services, the manner of payment (lump sum or periodic
progress payments), the description and estimate of reimbursable expense, and such other
matters as may be deemed proper. Subject to the limitations and provisions set forth in this
section, the CITY shall compensate and reimburse FG CREATIVE as follows:
The CITY will pay FG CREATIVE a flat fee of $3,350 per month to cover advertising
services in accordance with the proposal presented by FG CREATIVE as attached in the
Addendum to the EPPBID and/or any marketing mutually agreed to by the parties
hereto. The fee covers not less than 40 hours per month; such services include, but are
not limited to, meetings, account planning and service, production management, media
planning and buying, and clerical.
FG CREATIVE will purchase media at the lowest rate available. All billings will be
submitted at net costs for payment by the CITY. FG CREATIVE will not markup billings
or receive commissions.
FG CREATIVE shall bill the CITY monthly for the previous month's activities. Each
invoice shall contain, in reasonable detail, the projects and services work ed on and
rendered with supporting documentation of reimbursable costs and expenses. Payment
and reimbursements provided for in this in Section 4 will be made in due course by the
City of Palm Desert.
FG CREATIVE shall keep full and accurate books of account and records and other
pertinent data in accordance with generally accepted accounting principles reflecting all
transactions contemplated by this Contract.
Item Amount
Palm Springs Life Print Ads $ 8,790
Advertising Support for Art Walk $ 10,300
Desert Plein Air Festival Sponsorship $ 5,000
Thermal Indy Car Event Program Ad $ 3,000
Desert X Program Ad $ 3,500
Bandwango Program Activation $ 15,000
Contingency Budget $ 4,410
Total $ 50,000
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7.2 RENEWAL
In the event that this Agreement is renewed pursuant to the Section titled "Term," the rates set
forth above may be increased or reduced each year at the time of renewal, but any increase
shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino
Ontario, CA.
Docusign Envelope ID: B3CDAF28-EC04-4E03-96E2-1E20D1E0D922
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Contract No. C43370
AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
OF PALM DESERT AND FG CREATIVE INC
This Amendment No.6 (“Amendment”) to the is made and entered into as of this 1st day of
JULY, 2025 by and between the City of Palm Desert, a municipal corporation organized and
operating under the laws of the State of California (“City”), and FG CREATIVE INC, a Corporation
with its principal place of business at 19725 Driscoll Road, Desert Hot Springs, California,
92241 Vendor. City and Vendor are sometimes individually referred to as “Party” and collectively
as “Parties.”
2. Recitals.
The Parties entered into an agreement titled PROFESSIONAL SERVICES AGREEMENT.
Dated 6/23/2022 (“Agreement”).
Amendment Authority. This Amendment is authorized pursuant to Section N of the
Agreement.
3. Terms.
Amendment. The Agreement is hereby amended as follows:
3.2.A
Term. terminated as provided herein. The City should have the unilateral option, at its sole
discretion, to renew this Agreement automatically for no more that (1) additional one-
year terms. Consultant shall complete the Services within the term of this Agreement,
and shall meet any other established schedules and deadlines.
3.6.A
Compensation. Services rendered under this Agreement at the rates set forth in Exhibit "C" attached
exceed Two Hundred Fifty Thousand Dollars ($250,000) for fiscal Year 2025-
2026 without the written approval of the City Council or City Manager, as applicable.
Continuing Effect of Agreement. Except as amended by this Amendment, all other
provisions of the Agreement remain in full force and effect and shall govern the actions of the
Parties under this Amendment. From and after the date of this Amendment, whenever the term
“Agreement” appears in the Agreement, it shall mean the Agreement as amended by this
Amendment.
Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have
each received adequate and independent consideration for the performance of the obligations they
have undertaken pursuant to this Amendment.
Severability. If any portion of this Amendment is declared invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full
force and effect.
Counterparts. This Amendment may be executed in duplicate originals, each of which is
deemed to be an original, but when taken together shall constitute but one and the same
instrument.
[Signatures on Following Page]
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Contract No. C43370
SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF PALM DESERT AND FG CREATIVE INC DBA
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the
day and year first above written.
Clerk QC: ________
Contracts QC: ________
Insurance:
__________
Initial Review
___________
Final Approval
CITY OF PALM DESERT
By:
Chris Escobedo
Interim City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Isra Shah
City Attorney
By:
Stephanie Greene
CEO and CFO
Docusign Envelope ID: 43A9F01D-F3C4-4233-8F91-0C8CF99F4E41
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72500.00001\44340560.1
AMENDMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND FG CREATIVE INC
1. Parties and Date.
This Amendment No. 7 (“Amendment”) to the Professional Services Agreement,
Contract No.7, is made and entered into on February 9, 2026, by and between the City of
Palm Desert, a municipal corporation organized under the laws of the State of California with
its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260-
2578 (“City”) and FG CREATIVE INC, a Corporation, with its principal place of business
at 19725 Driscoll Road, Desert Hot Springs, California, 92241 (“Vendor”). City and
Vendor are sometimes individually referred to as “Party” and collectively as “Parties.”
1.1 City Council Approval. On February 26, 2026, City Council approved the award
of this Amendment to Vendor named above.
2. Recitals.
2.1 Agreement. The City and Consultant entered into a Professional Services
Agreement (“Agreement”) on June 23, 2022, for the purpose of retaining the
services of Consultant for the purpose of retaining the services of FG Creative
to provide Marketing Services on the El Paseo Parking and Business
Improvement District. (“Project”).
2.2 Background. The parties previously entered into a previous amendment, on
June 30, 2026. The purpose of this amendment is to renew the agreement
and to establish compensation for Fiscal Year 2025/2026.
2.3 Amendment Authority. This Amendment is authorized pursuant to Section
3.6.14 of the Agreement.
2.4 The purpose of this Amendment No. 7 is to increase the total compensation
in recognition of expanded services to be provided during the remainder of
the Agreement’s third term, covering the period from July 1, 2025, through
June 30, 2026.
3. Terms. The Agreement is hereby amended as follows:
reference. The total compensation shall not exceed Three
Hundred Twenty-Five Thousand Dollars ($325
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3.1 Continuing Effect of Agreement. Except as amended by this Amendment No.
7, all other provisions of the Agreement remain in full force and effect and shall govern the
actions of the Parties under this Amendment No. 7. From and after the date of this
Amendment No. 7, whenever the term “Agreement” appears in the Agreement, it shall mean
the Agreement as amended by this Amendment No. 7.
3.2 Adequate Consideration. The Parties hereto irrevocably stipulate and agree
that they have each received adequate and independent consideration for the performance
of the obligations they have undertaken pursuant to this Amendment No. 7.
3.4 Severability. If any portion of this Amendment No. 7 is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 7
TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM
DESERT AND FG CREATIVE INC
CITY OF PALM DESERT
Chris Escobedo
City Manager
Attest:
Anthony J. Mejia
City Clerk
Approved to form by:
____________________________
Isra Shah
City Attorney
FG CREATIVE, A CORPORATION
____________________________
Stephanie Greene
CEO and CFO
Bonds
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7. EXHIBIT “C”
7.1 COMPENSATION
The CITY's budget for advertising and publicizing the EPPBID's facilities, services, and
events is established as part of the CITY's fiscal year budget for the period of July 1, 2025 -
June 30, 2026, at $325,000. The CITY reserves the right, at any time during the term or
any extension thereof, to adjust the amount budgeted for advertising and promotion
services. Prior to performing any services or furnishing any material contemplated by this
Contract to be undertaken and furnished by FG CREATIVE, the CITY or its designee, after
conferring with FG CREATIVE, shall authorize the services rendered and materials to be
furnished, the agreed compensation to be paid for their services, the manner of payment
(lump sum or periodic progress payments), the description and estimate of reimbursable
expense, and such other matters as may be deemed proper. Subject to the limitations and
provisions set forth in this section, the CITY shall compensate and reimburse FG
CREATIVE as follows:
• The CITY will pay FG CREATIVE a flat fee of $3,350 per month to cover advertising
services in accordance with the proposal presented by FG CREATIVE as attached
in the Addendum to the EPPBID and/or any marketing mutually agreed to by the
parties hereto. The fee covers not less than 40 hours per month; such services
include, but are not limited to, meetings, account planning and service, production
management, media planning and buying, and clerical.
• FG CREATIVE will purchase media at the lowest rate available. All billings will be
submitted at net costs for payment by the CITY. FG CREATIVE will not markup
billings or receive commissions.
• FG CREATIVE shall bill the CITY monthly for the previous month's activities. Each
invoice shall contain, in reasonable detail, the projects and services worked on and
rendered with supporting documentation of reimbursable costs and expenses.
Payment and reimbursements provided for in this in Section 4 will be made in due
course by the City of Palm Desert.
• FG CREATIVE shall keep full and accurate books of account and records and other
pertinent data in accordance with generally accepted accounting principles reflecting
all transactions contemplated by this Contract.
7.2 RENEWAL
In the event that this Agreement is renewed pursuant to the Section titled "Term," the rates
set forth above may be increased or reduced each year at the time of renewal, but any
increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San
Bernardino Ontario, CA.
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CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: February 26, 2026
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of February 26, 2026
Below you will find questions received from the Mayor or Councilmembers and answers provided by
City staff regarding tonight’s City Council meeting:
REGULAR MEETING
ITEM 131: APPROVE A FISCAL YEAR 2025/26 EL PASEO PARKING AND BUSINESS
IMPROVEMENT DISTRICT MID-YEAR BUDGET ADJUSTMENT AND AMEND THE FG
CREATIVE MARKETING SERVICES CONTRACT
Q1: What's the annual amount collected by the El Paseo Bid? How much is on hand, and what
can it be used for?
A1: The El Paseo Parking and Business Improvement District (EPPBID) is funded through annual
business assessments levied on merchants based on gross sales. Because assessment revenues
fluctuate from year to year, the Board adopts a conservative baseline budget using the average
revenue from recent years along with available fund balance, while maintaining a cash reserve of
approximately $80,000 to ensure financial stability.
The average annual assessment revenue is currently about $275,000.
The EPPBID’s current cash balance is approximately $175,000. These funds are restricted for
activities that benefit the district and are available to the Board to advance its mission of promoting
El Paseo as a world-class, pedestrian-friendly, upscale shopping and dining destination. In
practice, this primarily includes marketing, advertising, and promotional efforts designed to attract
visitors and customers to the district.
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 26, 2026
PREPARED BY: Martin Alvarez, Director of Economic Development
SUBJECT: EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CITY AND
THE CLUB MCC (MARRAKESH COUNTRY CLUB) FOR PROPERTY
KNOWN AS THE HAYSTACK/PORTOLA SITE
RECOMMENDATION:
1. Authorize the City Manager to execute a six-month Exclusive Negotiation Agreement (ENA)
between the City and The Club MCC (Marrakesh Country Club) for property located at the
northwest corner of Portola Avenue and Haystack Way, and to execute any related
documents necessary to effectuate this action.
2. Authorize the City Attorney to make any necessary non-monetary changes to the ENA.
BACKGROUND/ANALYSIS:
The City of Palm Desert owns a 1.24-acre undeveloped property located at the northwest corner
of Portola Avenue and Haystack Way, adjacent to Marrakesh Country Club . The property was
acquired in 2006 from the Coachella Valley Water Dist rict to preserve open space adjacent to
the existing Haystack storm drain channel. The property was recently subdivided into two
parcels: the eastern 0.91-acre parcel is proposed for sale, while the western 0.33 -acre parcel is
proposed for retention by the City as open space.
Surplus Land Act and Disposition:
To facilitate the disposition of the site, the Property is subject to the requirements of the California
Surplus Land Act (SLA), administered by the California Department of Housing and Community
Development (HCD). The SLA requires appropriate notice, the first right of refusal to affordable
housing developers, engagement with eligible entities, and documentation of proposals
received.
A 60-day Notice of Availability for the Property was issued on March 12, 2025. No affordable
housing proposals were submitted, and staff subsequently obtained a Notice of Determination
from HCD allowing the City to proceed with the sale of the property, contingent upon recording
a covenant on the property title requiring that any future housing development of 10 or more
units include a minimum of 15 percent affordable housing.
Exclusive Negotiation Agreement:
Staff was contacted by the Marrakesh Country Club Homeowners Association (HOA) with a
proposal to acquire the property at the appraised value of $210,000. The HOA is requesting
approval of a six-month Exclusive Negotiation Agreement (ENA) to evaluate the feasibility of
developing additional recreational amenities and open space.
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City of Palm Desert
Haystack/Portola Site Exclusive Negotiation Agreement
Page 2 of 2
The proposed six-month ENA would allow the Marrakesh HOA to:
Conduct property due diligence
Prepare a conceptual site plan for review by the HOA Board and membership
Negotiate and Purchase and Sale Agreement, including a project schedule for
entitlements and close of escrow
Staff recommends approval of the six-month ENA, with an option for a six-month extension at
the City Manager’s discretion if needed to facilitate the sale of the property.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no fiscal impact to the City with the execution of this ENA.
ATTACHMENTS:
1. Property Site Map
2. Marrakesh Correspondence
3. Exclusive Negotiation Agreement
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☒ Site-Specific Property Interest – Councilmembers should check if they own or lease real
property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2).
☒ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other
entitlements for use, and to contracts or franchise agreements other than competitively bid,
labor, or personal employment contracts.
Applicant(s)/Appellant(s): Marrakesh HOA, Ashley Varela, Kent Stone
Councilmembers should review any campaign contributions received within the last 12 months
from parties or participants to the proceeding and must not accept contributions over $500
from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determination. Each
Councilmember is responsible for identifying and disclosing any disqualifying interests in
accordance with the Political Reform Act and FPPC regulations.
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EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
THIS EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT (this “Agreement”) is
entered into effective as of February 26, 2026 (“Effective Date”) by and between the
City of Palm Desert, a California charter city (“City”) and Marrakesh Country Club, a
California non-profit mutual benefit corporation (“MCC”). City and Homeowner’s
Association are hereinafter referred to collectively as the “Parties.”
R E C I T A L S
A. The City is the owner of certain real property constituting approximately
0.91 acres, located within the City limits located on the West Side of Portola Avenue
and North of Haystack Road, identified as Riverside County Assessor Parcel Number
630-250-052, as more particularly described in Exhibit A attached hereto (the
“Property”). The Property is vacant, unimproved land.
B. The City has fulfilled its obligations under the Surplus Land Act, and based
on subsequent outreach, selected the MCC as the entity with which to enter into
exclusive negotiations for the disposition of the Property.
C. MCC has proposed acquiring the property to develop ancillary uses to the
MCC.
D. The purpose of this Agreement is to establish the procedures and
standards for the negotiation of a potential Purchase and Sale Agreement (“PSA”) that
would address: (i) the disposition of the Property facilitated by the City, to the MCC,
and (ii) MCC’s development of the Property as a recreation and event lawn, garden a nd
/ or pickleball courts (the “Project”). As more fully set forth below, this Agreement in
itself does not obligate the City or the MCC to execute a PSA, or obligate the City to
convey the Property, or any portion thereof, to MCC, nor does it grant MCC the right to
develop the Project on the Property.
A G R E E M E N T
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Incorporation of Recitals. The Recitals set forth above, and all defined terms set
forth in such Recitals and in the introductory paragraph preceding the Recitals, are
hereby incorporated into this Agreement as though set forth in full.
2. Good Faith Efforts to Negotiate. The Parties shall use their best efforts to
negotiate a PSA that will describe the terms and conditions governing the conveyance
of the Property by the City to MCC, or an Affiliate (as defined below) of MCC approved
by the City, and the development of a Project on the Property by an Affiliate of the MCC,
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approved by the City. The Parties shall diligently and in good faith pursue such
negotiations. This Agreement does not impose a binding obligation on the City to
convey any portion of, or interest in, the Property to MCC, nor does it obligate City to
grant any approvals or authorizations required for a Project (including the PSA).
Without limiting the generality of the foregoing, MCC expressly acknowledges that any
agreement(s) resulting from the negotiations contemplated hereby shall become
effective only if the conveyance agreement is approved by the City Council following
compliance with all applicable notice and hearing requirements of the City and
compliance with all other applicable requirements of law, including without limitation the
California Environmental Quality Act (“CEQA”). As used in this Agreement, an
“Affiliate” of a person or entity shall mean an entity controlling, controlled by, or under
common control with such person or entity, and shall include, but shall not be limited to
Marrakesh Community Association or a limited partnership in which the MCC is a
member of a general partner of such limited partnership. The term “control” as used in
the immediately preceding sentence shall mean the possession, directly or indirectly, of
the power to direct or cause the direction of the management and policies of the entity
in question, whether through ownership, voting securities, contract, or otherwise.
3. MCC’s Exclusive Right to Negotiate with City. City agrees that it will not, during
the Term of this Agreement (as defined below), directly or indirectly, through any officer,
employee, agent, or otherwise, solicit, initiate or encourage the submission of bids,
offers or proposals by any person or entity with respect to the acquisition of any interest
in the Property or the development of the Property, and City shall not engage any
broker, financial adviser or consultant to initiate or encourage proposals or offers from
other parties with respect to the disposition or development of the Property or any
portion thereof. Furthermore, City shall not, directly or indirectly, through any officer,
employee, agent or otherwise, engage in negotiations concerning any such transaction
with, or provide information to, any person other than MCC and its representatives with
a view to engaging, or preparing to engage, that person with respect to the disposition
or development of the Property or any portion thereof. The parties further agree and
acknowledge that the City shall not facilitate the disposition or transfer of the Property to
any third party during the Term.
4. Term. The Term shall commence on the Effective Date, and shall terminate six
(6) months thereafter, unless extended or earlier termin ated as provided herein (the
“Term”). The Term may be extended for up to a maximum of one hundred eighty (180)
additional days upon the mutual written agreement of MCC and City’s City Manager if
the City Manager determines in his sole and absolute discret ion that the Parties have
made substantial progress in their negotiations to merit such extension. The Parties
may, with City Manager approval, agree to additional extensions. If a PSA has not
been executed by the City and MCC (or an entity related to MCC and reasonably
approved by the City) by the expiration of the Term (as the Term may have been
extended pursuant to this Section), then this Agreement shall terminate, and neither
Party shall have any further rights or obligations under this Agreement except such
rights and obligations that expressly survive termination. If a PSA is executed by the
City and the MCC (or an Affiliate of MCC approved by the City), this Agreement shall
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thereupon terminate, and all rights and obligations of the Parties shall be as set forth in
the executed PSA.
5. Good Faith Deposit. In consideration for this Agreement, MCC has, prior to
City’s execution of this Agreement, provided to City a cash deposit in the amount of Five
Thousand and 00/100 Dollars ($5,000.00) (the “Good Faith Deposit”). During the
Term, City shall invest the Good Faith Deposit for purposes of earning interest thereon.
If the Parties enter into a PSA, the Good Faith Deposit shall be disposed of as specified
in the PSA. If this Agreement is terminated without execution of a PSA for any reason,
then the Good Faith Deposit and any interest earned thereon, less any amounts
expended to reimburse City for City Costs as provided in Section 6 below, shall be
refunded promptly to MCC. If this Agreement is terminated as a result of an Event of
Default, then the Good Faith Deposit and any interest earned thereon shall be disposed
of as more fully provided in Section 12.4. If at any time prior to the Parties entering into
a PSA, City Costs (as defined in Section 6) are incurred in an aggregate amount that
equals or exceeds the amount of the original Good Faith Deposit, the MCC shall
replenish the Good Faith Deposit with the amount necessary to cover the City Costs,
and no further City Costs shall be expended until MCC provides City with a cash deposit
to cover the amount of the City Costs. If MCC declines to provide such additional cash,
within fifteen (15) business days of request therefore from the City, the City may elect to
terminate this Agreement, and neither Party shall have any further rights or obligations
under this Agreement except such rights and obligations that expressly survive
termination.
6. Costs and Expenses. City shall be entitled to draw upon the Good Faith Deposit
and apply such draws to reasonable expenses incurred by the City during the Term.
The Good Faith Deposit may be used to cover costs that City incurs in connection with
the proposed Project and negotiation with MCC regarding agreements for development
of the Property. Expenses shall be limited to third party vendors including without
limitation, expenses incurred for financial feasibility studies, design analyses,
appraisals, environmental analyses, title examination, reasonable legal fees, and
consulting fees (collectively, “City Costs”). City shall notify MCC monthly in writing of
the amount drawn by City to pay City Costs. The notice shall include copies of all
invoices paid and accounting details from the Good Faith Deposit.
7. Termination.
7.1 Termination by Mutual Agreement. This Agreement may be terminated at
any time by the mutual written consent of the Parties. In the event of such termination,
subject to Section 7.4, neither Party shall have any further rights against or liability to
the other under this Agreement.
7.2 Termination by City for Cause. City shall have the right to terminate this
Agreement upon City’s good faith reasonable determination that MCC is not negotiating
diligently and in good faith. City shall exercise such right by delivering not le ss than ten
(10) business days’ advance written notice to MCC describing the nature of MCC’s
default and the termination date. If MCC does not commence to cure the default and
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resume negotiations in good faith within such ten (10) business day period, as
applicable, City may terminate this Agreement effective as of the termination date stated
in the notice. In the event of termination by the City pursuant to this Section 7.2,
subject to Section 7.4, neither Party shall have any further rights against or liability to
the other under this Agreement.
7.3 Termination by MCC. MCC shall have the right to terminate this
Agreement upon MCC’s good faith reasonable determination that City is not negotiating
diligently and in good faith. MCC shall exercise such right by delivering not less than
ten (10) business days’ advance written notice to City describing the nature of City’s
default and the termination date. If City does not commence to cure the default and
resume negotiations in good faith within such ten (10) business day period, MCC may
terminate this Agreement effective as of the termination date stated in the notice. In
addition, MCC shall have the right to terminate this Agreement, effective upon ten (10)
days’ written notice to City, if MCC determines, in the exercise of MCC’s sole discretion,
that the results of MCC’s investigation of the Property are unsatisfactory with respect to
MCC’s desired development activities or if MCC is unable to obtain other necessary
approvals, rights or interests. In the event of termination by the MCC pursuant to this
Section 7.3, subject to Section 7.4, neither Party shall have any further rights against or
liability to the other under this Agreement. Notwithstanding anything to the contrary
contained herein, in the event MCC chooses to terminate this Agreement as the result
of an uncured material default by the City where the City has acted in bad faith, the
MCC shall be entitled to seek reimbursement of the Good Faith Deposit and any
additions made by MCC or its Affiliate to the Good Faith Deposit prior to the date of the
termination of this Agreement.
7.4 Effect of Termination. Upon the expiration of the Term as such may be
extended, or upon the earlier termination of this Agreement, without the Parties havi ng
successfully negotiated and executed a PSA, this Agreement shall forthwith be void,
and there shall be no further liability or obligation on the part of either of the Parties or
their respective officers, employees, agents or other representatives; provided however,
the provisions of Section 9.1 (Studies), Section 9.2 (Access; Indemnity), Section 10
(Confidentiality), Section 12.4 (Liquidated Damages), and Section 14.7 (Indemnification)
shall survive such termination. In no event shall either Party have the right to seek an
award of damages as a result of the termination of this Agreement.
8. Compliance with CEQA. The Parties acknowledge that the Project description
set forth in this Agreement is preliminary in nature and shall be described in furthe r
detail in the PSA to be negotiated during the Term. The Parties acknowledge that
development of the Property for the Project will require the grant of discretionary land
use entitlements subject to the City’s normal review and approval process, that the
Project must comply with CEQA, and that nothing in this Agreement is intended to or
shall be interpreted as the grant of any approvals for development of the Project or the
Property, or the modification or waiver of any City procedures or requirements. Without
limiting the foregoing, the Parties acknowledge that the City retains discretion to (i)
require modification of the Project as City may, in its discretion, determine to be
reasonably necessary to comply with CEQA, (ii) select other feasible alternative and/or
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impose mitigation measures to avoid or minimize significant environmental impacts; (iii)
balance the benefits of the Project against any significant environmental impacts prior to
taking final action, if such impacts cannot otherwise be avoide d; and/or (iv) determine
not to proceed with the Project.
The Parties acknowledge that nothing in this Agreement shall be deemed a
commitment by the City to facilitate the City to enter into an agreement for conveyance
of any interest in the Property or for the development of the Project. In addition, the
Parties acknowledge that the final form of any agreement governing the development of
the Property may contain matters not covered in this Agreement, and the provisions
herein are not intended to exclude or preclude any other issues that may arise during
negotiations.
MCC acknowledges that the Project must be evaluated under CEQA, as required
by the terms of the City’s approval of the PSA. If City determines that CEQA
compliance requires preparation of either a Mitigated Negative Declaration (“MND”) or
an Environmental Impact Report (“EIR”) for the Project, then i) MCC will select the
consultant for preparation of the MND/EIR, subject to the City’s reasonable approval;
and ii) Developer will pay City’s costs for environmental review, including the cost of
City’s MND/EIR consultant. MCC’s obligation to pay such costs shall be in addition to
MCC’s obligation to pay City expenses pursuant to Section 6.
MCC further acknowledges that the City owns the fee interest in the Property and
the disposition of the Property is subject to the approval of the City Council.
9. Developer’s Studies; Right of Access; Deliverables.
9.1 MCC’s Studies. During the Term of this Agreement, MCC may prepare, at
MCC’s sole expense, any studies, surveys, plans, specifications and reports (“MCC’s
Studies”) MCC deems necessary or desirable in MCC’s sole discretion, to determine
the suitability of the Property for the Project. Such studies may include, without
limitation, title investigation, relocation analyses, marketing, feasibility, soils, seismic
and environmental studies, financial feasibility analyses, and design studies. MCC shall
provide to City without representation or warranty, copies of all reports, test result s,
studies, analyses, cost estimates, and documents prepared by third -party consultants
for or commissioned by MCC with respect to the Project or the Property within ten (10)
business days following their completion; provided however, MCC shall not be obli gated
to provide proprietary or financial information. MCC agrees to include in all contracts for
the preparation of any of MCC’s Studies a provision that will permit City to have the right
to use and rely upon each study and report. MCC’s obligation to provide reports and
studies pursuant to this Section 9.1 shall survive the expiration or earlier termination of
this Agreement. The City shall promptly deliver to MCC, upon MCC’s request, existing
written information and plans regarding the Property in the City’s possession or
immediate control.
9.2 Right of Access. City will use best efforts to procure from the City,
concurrent with the execution of this Agreement, sufficient rights for MCC, including its
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employees, agents, assigns and contractors, to reasonably access the Property for the
purposes of inspection, environmental assessments, soils testing, and similar work.
MCC shall be responsible for obtaining any additional rights of access to the Property
from third parties that may be necessary to prepare MCC’s Studies. The City may
impose reasonable limitations on access to the Property and may require MCC to
provide the City with proof of insurance in compliance with the City’s requirements prior
to performance of studies on the Property. The City’s advanced written approval shall
be required for any invasive testing. MCC agrees that unless the City agrees otherwise
in writing, MCC shall repair, restore, and return the Property and all improvements
located thereon to their condition immediately prior to any such testing at MCC’s sole
cost and expense, excluding ordinary wear and tear or damage or destruction by acts of
God. MCC shall at all times keep the Property free and clear of all liens and
encumbrances related to MCC’s inspection activities on the Property or otherwise within
MCC’s control.
MCC shall indemnify, defend, and hold the City and their respective elected and
appointed officers, officials, employees, consultants, agents and representatives
(collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, claim,
demand, action, suit, legal or administrative proceeding, penalty, deficiency, fine,
damage and expense (including without limitation reasonably attorney’s fees and of
litigation) (all of the foregoing, collectively “Claims”) arising out of MCC’s and MCC’s
agents, employees, consultants, representatives and contractor’s entry on the Property
or otherwise arising out of the exercise of this right of access granted to MCC
hereunder, provided that MCC shall have no obligation related to Claims resulting from
the Indemnitees’ gross negligence or willful misconduct, or MCC’s mere discovery of
information regarding the Property, or a pre-existing condition on the Property, as long
as none of MCC’s or MCC’s agents, employees, consultants, representatives and
contractor’s actions or omissions cause an exacerbation of such pre-existing condition.
MCC’s defense and indemnity obligations pursuant to this Section 9.2 shall survive the
expiration or earlier termination of this Agreement.
9.3 Deliverables. MCC shall provide to City the deliverables identified in
Exhibit B, attached hereto and incorporated herein by reference, consistent with the
schedule set forth in Exhibit B, unless such other dates are agreed to in writing by MCC
and City Manager.
10. Confidentiality of Information. While desiring to preserve its rights with respect to
treatment of certain information on a confidential or proprietary basis, MCC
acknowledges that City will need sufficient, detailed information about the proposed
Project to make informed decisions about the content and approval of the PSA. City will
work with MCC to maintain the confidentiality of proprietary information subject to the
requirements imposed on City by the Public Records Act (Government Code Section
6250 et seq.). MCC acknowledges that City may share information provided by MCC of
a financial and potential proprietary nature with third party consultants who have been
contractually engaged to advise City concerning matters related to this Agreement
and/or the PSA and to City Council members as part of the negotiation and decision-
making process. If this Agreement is terminated without the execution of a PSA, City
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shall return to MCC any confidential information subm itted by MCC under this
Agreement. If any litigation is filed seeking to make public any information MCC
submitted to City in confidence, City and MCC shall cooperate in defending the litigation
if MCC elects not to make public the information in question . MCC shall pay City's
reasonable costs of defending such litigation if MCC elects not to make public the
information in question and shall indemnify City against all costs and reasonable
attorneys’ fees awarded to the plaintiff in any such litigation.
11. Execution of Definitive Agreement. The City shall have no legal obligation to
grant any approvals or authorizations for the Project prior to City approval of the Project
and related agreements following compliance with CEQA and all other applicable
requirements of law.
12. Defaults and Remedies.
12.1 Default. In the event either Party breaches its obligations under this
Agreement, the non-defaulting Party shall give written notice of a default to the
defaulting Party specifying the nature of the default and the required action to cure the
default. If a default remains uncured ten (10) days for monetary defaults and twenty
(20) days for nonmonetary defaults (subject to such longer period as may be reasonably
necessary so long as the defaulting party has commenced a cure within such twenty
(20) day period and is diligently prosecuting such cure to completion) after receipt by
the defaulting Party of such notice, the non-defaulting Party may exercise the remedies
set forth in Subsections 12.2, 12.3, and 12.4 below, as applicable.
12.2 Remedies for City Default. In the event of an uncured default by City
hereunder, MCC’s sole remedy shall be to terminate this Agreement and to seek
reimbursement in accordance with Section 7.3. Upon such termination, MCC sha ll be
entitled to repayment of the remaining Good Faith Deposit and any interest earned
thereon, as further provided in Section 5 and, neither Party shall have any further right,
remedy or obligation under this Agreement; provided however, any obligation u nder a
specific provision of this Agreement for a Party to pay or reimburse the other Party for a
cost or to provide indemnity and defense shall survive such termination. Except as
expressly provided herein, neither Party shall have any liability to the o ther for damages
or otherwise for any default, nor shall either Party have any other claims with respect to
performance under this Agreement. Each Party specifically waives and releases any
such rights or claims they may otherwise have at law or in equity.
12.3 Remedies for MCC Default. In the event of an uncured default by MCC,
City's sole remedy shall be to terminate this Agreement and to retain the Good Faith
Deposit and any interest earned thereon as further set forth in Subsection 12.4 below.
Following such termination, neither Party shall have any right, remedy or obligation
under this Agreement; provided however, any obligation under a specific provision of
this Agreement for a Party to pay or reimburse the other Party for a cost or to provide
indemnity and defense shall survive such termination.
12.4 Liquidated Damages. IN THE EVENT OF TERMINATION DUE TO
MCC'S DEFAULT AS DESCRIBED IN THIS SECTION 12 ABOVE, SUBJECT TO ALL
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APPLICABLE NOTICE AND CURE PERIODS, THE GOOD FAITH DEPOSIT (OR, AS
APPLICABLE, SUCH PORTION THEREOF WHICH HAS NOT BE DRAWN AGAINST
BY THE CITY FOR CITY COSTS) MAY BE RETAINED BY CITY AS LIQUIDATED
DAMAGES AND AS ITS PROPERTY WITHOUT ANY DEDUCTION, OFFSET OR
RECOUPMENT WHATSOEVER. THE PARTIES AGREE THAT THE DAMAGES
SUFFERED BY CITY BY REASON OF A MCC DEFAULT WOULD BE UNCERTAIN
AND THAT SUCH DAMAGES WOULD INVOLVE SUCH VARIABLE FACTORS AS
THE CONSIDERATION THAT ANOTHER PARTY WOULD PAY FOR THE
PROPERTY; THE EXPENSES OF CONTINUING THE OWNERSHIP AND CONTROL
OF THE PROPERTY AND OF IDENTIFYING OTHER INTERESTED PARTIES AND
NEGOTIATING WITH SUCH PARTIES; POSTPONEMENT OF TAX REVENUES TO
THE COMMUNITY; AND THE FAILURE OF CITY TO EFFECT ITS PURPOSES AND
OBJECTIVES WITHIN A REASONABLE TIME, RESULTING IN ADDITIONAL
IMMEASURABLE DAMAGE AND LOSS TO CITY. IT IS IMPRACTICABLE AND
EXTREMELY DIFFICULT TO FIX THE AMOUNT OF SUCH DAMAGES TO CITY, BUT
THE PARTIES ARE OF THE OPINION, UPON THE BASIS OF ALL INFORMATION
AVAILABLE TO THEM, THAT SUCH DAMAGES WOULD APPROXIMATELY EQUAL
THE AMOUNT OF THE GOOD FAITH DEPOSIT HELD BY CITY AT THE TIME OF
THE DEFAULT OF MCC, AND THE AMOUNT OF SUCH GOOD FAITH DEPOSIT
SHALL BE PAID TO CITY UPON ANY SUCH OCCURRENCE AS THE TOTAL OF ALL
LIQUIDATED DAMAGES FOR ANY AND ALL SUCH DEFAULTS AND NOT AS A
PENALTY. IN THE EVENT THAT THIS PARAGRAPH SHOULD BE HELD TO BE
VOID FOR ANY REASON, CITY SHALL BE ENTITLED TO THE FULL EXTENT OF
DAMAGES OTHERWISE PROVIDED BY LAW. MCC AND CITY SPECIFICALLY
ACKNOWLEDGE THIS LIQUIDATED DAMAGES PROVISION BY THEIR
SIGNATURES HERE:
MCC:
13. City Rights Following Expiration or Termination . Following expiration or
termination of this Agreement, unless a PSA is executed by the Parties, City shall have
the absolute right to pursue facilitation of the disposition and development of the
Property in any manner and with any party or parties it deems appropriate; provided,
however, nothing herein shall be deemed to preclude or disqualify MCC from
responding to future requests for qualifications and/or proposals, if any, that City ma y
publicly issue to qualified firms with respect to development of the Property.
14. Miscellaneous.
14.1 Assignment. The qualifications and identity of MCC are of particular
concern to City. It is because of those unique qualifications and identity that City has
entered into this Agreement with MCC. Accordingly, except as provided below, MCC
may not assign its rights under this Agreement to any other person or entity, without the
prior written approval of City. Any purported voluntary or involuntary assignment of
MCC’s exclusive negotiation rights without such City written approval shall be null and
void. Notwithstanding the foregoing, MCC may assign its rights under this Agreement
to its Affiliate, Marrakesh Community Association, or to a limited liability company or
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9
partnership in which MCC or an affiliated entity: (a) is a managing member or general
partner; (b) is responsible for managing the day-to-day entitlement and development
activities of such entity; and (c) has a controlling interest in such entity, or to a tax credit
partnership formed for the Project.
14.2 Notices. Except as otherwise specified in this Agreement, all notices to be
sent pursuant to this Agreement shall be made in writing and sent to the Parties at their
respective addresses specified below or to such other address as a Party may
designate by written notice delivered to the other partie s in accordance with this
Section. All such notices shall be sent by: (i) personal delivery, in which case notice is
effective upon delivery; (ii) certified or registered mail, return receipt requested, in which
case notice shall be deemed delivered on receipt if delivery is confirmed by a return
receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged
to the sender’s account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service. In addition, notice may be provided by electronic
transmission (email), as long as notice is also sent via (i), (ii) or (iii) above. If notice is
sent via electronic transmission (email), notice shall be deemed delivered upon
transmittal. Any notice given by email shall be considered to have been received on the
next business day if it is received after 5:00 p.m. recipient’s time or on a non-business
day.
City:
City of Palm Desert
Attn: Martin Alvarez, Director of Economic Development
73510 Fred Waring Drive
Palm Desert, California 92260
Telephone: (760) 776-6467
Email: malvarez@palmdesert.gov
With copy to:
Best Best & Krieger LLP
Attention: Isra Shah, City Attorney
74-760 HWY 111, Suite 100
Indian Wells, California, 92210
Telephone: (949) 263-6569
Email: isra.shah@bbklaw.com
MCC:
Marrakesh Country Club
Attention: Ashley Varela, General Manager
47-000 Marrakesh Drive
Palm Desert, California, 92260
Telephone: (760)568-2688
Email: Ashley@marrakeshcountryclub.com
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14.3 No Commissions. Each Party represents and warrants that it has not
entered into any agreement, and has no obligation, to pay any real estate commission
in connection with the transaction contemplated by this Agreement. If a real estate
commission is claimed through either Party in connection with the transaction
contemplated by this Agreement or any resulting PSA, then the Party through whom the
commission is claimed shall indemnify, defend and hold the other Party harmless from
any liability related to such commission. The provisions of this Paragraph shall survive
termination of this Agreement.
14.4 Relationship of the Parties. The Parties agree that nothing in this
Agreement shall be deemed or interpreted to create between them the relationship of
lessor and lessee, of buyer and seller, or of partners or joint venturers.
14.5 Authority; Disclosure. MCC warrants that none of its principals, officers,
partners, joint venturers, employees, associates, or affiliates who have any economic
interest in this Agreement or the contemplated development of the Property or the
Project, have a familial, financial, or other material relationship with any elected or
appointed official or employee of the City. Each person executing this Agreement on
behalf of MCC does hereby covenant and warrant that (a) MCC is created and validly
existing under the laws of California, (b) MCC has and is duly qualified to do business in
California, (c) MCC has full corporate power and authority to enter into this Agreement
and to perform all of MCC’s obligations hereunder, and (d) each person (and all of the
persons if more than one signs) signing this Agreement on behalf of MCC is duly and
validly authorized to do so. Each person executing this Agreement on behalf of City
does hereby covenant and warrant that (a) City has full power and authority to enter into
this Agreement and to perform all of City’s obligations hereunder, and (b) each person
(and all of the persons if more than one signs) signing this Agreement on behalf of City
is duly and validly authorized to do so.
14.6 Waiver of Lis Pendens. It is expressly understood and agreed by the
Parties that no lis pendens shall be filed against any portion of the Property with respect
to this Agreement or any dispute or act arising from this Agreement. This Section shall
survive the expiration of termination of this Agreement.
14.7 Indemnification. MCC hereby covenants, on behalf of itself and its permitted
successors and assigns, to indemnify, hold harmless and defend the Indemnitees
(defined in Section 9) from and against all Claims (defined in Section 9) arising out of or
in connection with the negligent actions of MCC or MCC’s agents, employees, officers,
representatives, contractors or consultants pursuant to, and during the Term of this
Agreement; provided however, MCC shall have no indemnification obligation with
respect to the gross negligence or willful misconduct of any Indemnitee. This Section
shall survive the expiration or earlier termination of this Agreement.
14.8 Severability. If any term or provision of this Agreement or the application
thereof shall, to any extent, be held by a court of competent jurisdiction to be invalid or
unenforceable, such term or provision shall be ineffective to the extent of such invalidity
or unenforceability without invalidating or rendering unenforceable the remaining terms
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and provisions of this Agreement or the application of such terms and provisions to
circumstances other than those as to which it is held invalid or unenforceable unless an
essential purpose of this Agreement would be defeated by loss of the invalid or
unenforceable provision.
14.9 Entire Agreement. This Agreement contains the entire understanding of
the Parties with respect to the subject matter hereof and supersedes all prior or
contemporaneous agreements and understandings, oral or written, between the Parties
with respect to such subject matter.
14.10 Amendments. This Agreement may be amended only by a written
instrument executed by the Parties or their permitted successors in intere st.
14.11 Successors and Assigns; No Third-Party Beneficiaries. This Agreement
shall be binding upon and inure to the benefit of the Parties and their respective
permitted successors and assigns; provided however, that except as expressly
permitted by this Agreement, neither Party shall transfer or assign any of such Party’s
rights hereunder by operation of law or otherwise without the prior written consent of the
other Party, and any such transfer or assignment without such consent shall be void.
Subject to the immediately preceding sentence, this Agreement is not intended to
benefit and shall not run to the benefit of or be enforceable by, any other person or
entity other than the Parties and their permitted successors and assigns.
14.12 Captions; Interpretation. This Agreement shall be interpreted as though
prepared jointly by the Parties. Titles and captions are for convenience of reference
only and do not define, describe or limit the scope or the intent of this Agreement or any
of its terms.
14.13 Governing Law; Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of California without reference to
conflicts of laws principles. Venue for any action under this Agreement shall be in Los
Angeles County, California.
14.14 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which together shall constitute one
agreement.
[signatures on following page]
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12
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first written above.
CITY OF PALM DESERT, a California charter city
By: __________________________
Chris Escobedo
City Manager
Attest:
By: __________________________
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By: __________________________
Isra Shah
City Attorney
[signatures continue on following page]
184
13
MCC:
MARRAKESH COUNTRY CLUB,
a California corporation
By: __________________________
Kent Stone
President
185
14
Exhibit A
LEGAL DESCRIPTION
186
15
Exhibit B
MCC Deliverables/Schedule of Performance
th
187
16
188
17
Exhibit C
SITE MAP
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Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 26, 2026
PREPARED BY: Randy Chavez, Director of Public Works
SUBJECT: AGREEMENT WITH REGENCY ESTATES HOMEOWNERS’
ASSOCIATION FOR IMPROVEMENTS AT THE TAMARISK ROW
RETENTION BASIN AND ACCEPTANCE OF EMERGENCY ACCESS
EASEMENT
RECOMMENDATION:
1. Approve a Right-Of-Entry Agreement for Temporary Access and Construction with Palm
Desert Regency Estates Homeowners Association for access to repair and restore the
Tamarisk Row Retention Basin.
2. Authorize repair and restoration improvements to the Tamarisk Row Retention Basin in an
amount not to exceed $200,000.
3. Authorize the City Attorney to make necessary non -monetary changes to the agreement.
4. Authorize the City Manager to execute the agreement and any other documents necessary
to effectuate the taken herewith.
5. Approve acceptance of Emergency Access Easement Deed granting emergency access to
the Tamarisk Row Retention Basin to perform emergency repair and maintenance.
BACKGROUND/ANALYSIS:
On August 20, 2023, Tropical Storm Hilary caused widespread flooding and damage throughout
the Coachella Valley, including impacts to stormwater infrastructure in Palm Desert. In the
aftermath of the storm, the City undertook extensive cleanup, repair, and drainage system
maintenance efforts to restore affected areas and improve long-term flood resilience.
One of the facilities affected by the storm is the Tamarisk Row Retention Basin, which is owned
by the Palm Desert Regency Estates Homeowners Association (Regency Estates HOA).
Damage to the basin’s spillway has created a risk to the adjacent public street and requires
repair to reduce the potential of street closure during future storm events.
As part of the post-storm response, the City has provided up to $200,000 in funding to multiple
property owners and homeowners’ associations impacted by Tropical Storm Hilary to complete
similar storm-related drainage and infrastructure improvements. The proposed action is
consistent with that approach and is intended to address a specific public infrastructure concern.
On January 5, 2026, staff met with representatives of the Regency Estates HOA, who confirmed
their willingness to allow the City access to the property for the limited purpose of completing the
proposed repair and restoration improvements. Staff recommen ded entering into a Right-of-
Entry Agreement for Temporary Access and Remediation to authorize City access to the private
property to perform such repairs and restoration.
191
City of Palm Desert
Approve Agreement for Regency Estates HOA
Page 2 of 3
The City will utilize up to $200,000 in available funds to repair the damaged spillw ay. If funding
and site conditions allow, staff will also prioritize addressing percolation issues within the basin
and removing excess vegetation to improve overall basin function. City crews may also provide
in-kind services, including vegetation removal, to supplement contractor work and maximize the
effectiveness of available funding.
Upon execution of the agreement, staff will coordinate implementation of the repair and
restoration improvements and continue to work with the Regency Estates HOA through out the
duration of the project.
In addition to the Agreement, to facilitate potential emergency repair work to the Tamarisk Row
Retention Basin if needed in the future on a temporary basis, Regency Estates HOA will grant
to the City an emergency access easement allowing the City the right, but not the obligation, to
enter the property and perform emergency maintenance and repair of the retention basin.
Acceptance of the emergency access easement will be needed by the City.
On February 17, 2026, staff met with the Regency States HOA Board to present the proposed
scope of work for their review and formal consideration. Following the presentation, the Board
voted and approved the proposal.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
Funds are available for the repair and restoration of the Tamarisk Row Retention Basin are
included in the approved FY 2025-26 Financial Plan and Capital Improvement Project (CIP) List
under Account No. 4004159-4219100 (CP–Disaster/Emergency). The improvements will be
made by a contractor currently under contract with the City for an amount not to exceed
$200,000. Therefore, this action will result in no additional impact on the General Fund.
ATTACHMENT:
1. Right-Of-Entry Agreement for Temporary Access and Construction
2. Emergency Access Easement Deed with Certificate of Acceptance
192
City of Palm Desert
Approve Agreement for Regency Estates HOA
Page 3 of 3
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☒ Site-Specific Property Interest – Councilmembers should check if they own or lease real
property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2).
☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other
entitlements for use, and to contracts or franchise agreements other than competitively bid,
labor, or personal employment contracts.
Applicant(s)/Appellant(s): Not Applicable
Councilmembers should review any campaign contributions received within the last 12 months
from parties or participants to the proceeding and must not accept contributions over $500
from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determination. Each
Councilmember is responsible for identifying and disclosing any disqualifying interests in
accordance with the Political Reform Act and FPPC regulations.
193
194
195
196
197
198
199
200
201
202
72500.00000\44567176.1
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert, California 92260
Attn: City Manager
APN(s.): _____________
EXEMPT FROM RECORDING FEES PER GOV. CODE, §§ 6103,
27383
EXEMPT FROM DOCUMENTARY TRANSFER TAX PER REV. &
TAX CODE, § 11922
EMERGENCY ACCESS EASEMENT DEED
FOR VALUE RECEIVED, PALM DESERT REGENCY ESTATES HOMEOWNERS ASSOCIATION, a
California nonprofit public benefit corporation ("Grantor"), hereby grants to the CITY OF PALM DESERT,
a municipal corporation ("Grantee"), a perpetual nonexclusive easement for emergency access on, over,
under, along and across all of Grantor's real property located in the City of Palm Desert, County of
Riverside, State of California, more particularly described on Exhibit A attached hereto and incorporated
herein by this reference ("Grantor's Property"). The emergency access easement purpose is to grant
Grantor the right, but not the obligation, to enter Grantor’s Property to perform emergency main tenance
and repair of the retention basin and associated facilities and improvements located on Grantor’s
Property. In connection with the exercise of such emergency access, Grantee shall have the right to trim
or cut tree roots and other vegetation as may interfere with the Grantee’s access or the maintenance and
repair of the retention basin and associated facilities and improvements located on Grantor’s Property.
The easement described herein shall run with the land and shall be binding upon and inur e to the benefit
of the parties and their respective successors and assigns.
IN WITNESS WHEREOF, this Emergency Access Easement Deed is executed by the undersigned this
_____ day of _______________, 2026.
PALM DESERT REGENCY ESTATES HOMEOWNERS ASSOCIAT ION,
a California nonprofit public benefit corporation
By: _________________________________________
Name: _________________________________________
Its: ____________________________________________
203
72500.00000\44567176.1
State of California )
) ss.
County of Riverside )
On ________________, before me, ________________________, Notary Public, personally appeared
________________________________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed t o the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entit y upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
_______________________________
Signature (Seal)
204
72500.00000\44567176.1
EXHIBIT “A”
LEGAL DESCRIPTION
205
72500.00000\44567176.1
CITY OF PALM DESERT
CERTIFICATE OF ACCEPTANCE OF
EMERGENCY ACCESS EASEMENT DEED
This Certificate of Acceptance pertains to the interest in certain real property conveyed by the
Emergency Access Easement Deed dated _________________________ to which this Certificate of
Acceptance is attached, from PALM DESERT REGENCY ESTATES HOMEOWNERS ASSOCIATION, a
California nonprofit public benefit corporation ("Grantor"), to the CITY OF PALM DESERT, a California
municipal corporation ("Grantee"). Said Emergency Access Easement Deed is hereby accepted by the
undersigned officer on behalf of Grantee pursuant to authority conferred by the said Grantee's governi ng
body, and said Grantee hereby consents to recordation of same.
Dated: ________________________
CITY OF PALM DESERT,
a California municipal corporation
By: ______________________________
Chris Escobedo
City Manager
ATTEST:
______________________________
Anthony Mejia
City Clerk
206
Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 26, 2026
PREPARED BY: Ivan Tenorio, Homeless and Supportive Services Manager
SUBJECT: APPROPRIATION OF FISCAL YEAR 2025-26 FUNDS FOR THE
CALIFORNIA DEPARTMENT OF JUSTICE TOBACCO GRANT
PROGRAM
RECOMMENDATION:
1. Approve an appropriation of $121,003 in Fiscal Year 2025-26 for the California Department
of Justice (DOJ) Tobacco Grant Program and establish the related grant project accounts.
2. Authorize the Director of Finance to appropriate funds from the General Fund Reserve to the
Interfund Transfer Out Account (Account Number 1104199-450100) in the amount of
$121,003, and transfer into the Tobacco Grant Fund (Account Number 2210000 -3910000).
3. Appropriate $121,003 to the Tobacco Grant Fund Professional Other No. (Account No.
2214422-4309000).
4. Authorize the City Manager, or designee, to execute any amendments, modifications, or
extensions to the executed Memorandum of Understanding.
BACKGROUND/ANALYSIS:
On December 11, 2025, City Council adopted Resolution No. 2025-074 accepting the DOJ
Tobacco Grant Program award and authorizing the City Manager, or designee, to execute the
Memorandum of Understanding (MOU), Grant Agreement documents, and related actions. The
December 11, 2025, staff report noted that an appropriation would be necessary from the
General Fund to initially fund expenditures related to the grant award and that staff would return
to Council upon final award.
DOJ has finalized the City’s Tobacco Grant Program award at $393,144, which is less than the
City’s requested amount of $421,494. The approved award totals by fiscal year are:
Budget Category FY 25/26 FY 26/27 FY 27/28 FY 28/29
Personnel $114,241 $123,554 $133,629 N/A
Operating Expenses & Equipment $1,000 $1,000 $1,000 N/A
Administration Cost $5,762 $6,227 $6,731 N/A
Total Cost $121,003 $130,781 $141,360 N/A
This appropriation provides the spending authority for FY 2025 -26. Staff will budget the
remaining award years (FY 2026-27 and FY 2027-28) during future annual budget processes.
FY 2028-29 will serve as a closeout year to fully expend any unexpended balances from prior
fiscal years.
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City of Palm Desert
Tobacco Grant Program
Page 2 of 3
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
An appropriation of $121,003 from the General Fund Reserve is necessary to fund FY 2025 -26
expenditures related to this grant award. The Tobacco Grant Program is reimbursement -based,
and all eligible expenditures will be reimbursed by DOJ subject to grant requirements and
approval of submitted reimbursement requests.
ATTACHMENTS:
1. Summary of Award Letter
2. Budget Detail FY 26-29
208
City of Palm Desert
Tobacco Grant Program
Page 3 of 3
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☐ Site-Specific Property Interest – Councilmembers should check if they own or lease real
property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 1870 2.2).
☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other
entitlements for use, and to contracts or franchise agreements other than competitively bid,
labor, or personal employment contracts.
Applicant(s)/Appellant(s): _________________________
Councilmembers should review any campaign contributions received within the last 12 months
from parties or participants to the proceeding and must not accept contributions over $500
from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determination. Each
Councilmember is responsible for identifying and disclosing any disqualifying interests in
accordance with the Political Reform Act and FPPC regulations.
209
210
Tobacco Grant Program
GRANT SERVICES BRANCH – LOCAL ASSISTANCE
DIVISION OF OPERATIONS
11/19/2025 Page 1 of 4
TOBACCO GRANT SUMMARY OF AWARD
DOJ-PROP56-2025-26-1-036
PALM DESERT, CITY OF
This Summary of Award document will be used by the Tobacco Grant Program when determining
whether an activity or expense claimed was approved for funding and is reimbursable. Activities other
than those presented here may not be reimbursable. A Grant Modification may be necessary for
material deviations. Please consult with your Grant Program Officer before engaging in any activity
beyond this scope or if you have questions about the scope of the activities and budget allowability.
By signing the Memorandum of Understanding, your agency agrees to the commitments outlined
below and this document becomes part of the Grant Agreement.
AWARD SUMMARY
$421,494
On-Site Training
None
Other Changes or Stipulations: Moved $1,000/year training costs to Travel section and made specific to
DOJ Tobacco Enforcement trainings.
IMPORTANT PROVISIONS FOR ALL GRANTEES
I. Enforcement Activities
a. Authorized - If enforcement activities were proposed, only activities that target retailers
for illegal sales/marketing of tobacco products were approved. It is expected that the
flavor ban will be enforced within one or more enforcement activities.
b. Unauthorized - Community or school patrols, or other enforcement actions related to
tobacco use and possession, are not permitted.
II. Educational Activities
a. Authorized – Retailer and/or officer educational activities on tobacco laws and
ordinances, if included, are authorized as noted below.
b. Unauthorized – School or community education efforts, including media campaigns, are
not permitted as part of this award. All educational efforts should be directed to
retailers and/or officers.
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11/19/2025 Page 2 of 4
III. Removed Personnel or Other Items
a. If specific personnel or other items were removed and not funded, they cannot be
reinstated during the grant term.
IV. Reduced Line Items
a. If a specific line item was reduced, the intention was to not fully fund it or the activities
it represents.
V. Mileage/Fuel
a. Budgets that include mileage or fuel were amended to include both together in one line
item for flexibility and the type of backup documentation available. Mileage is limited to
the state rate in effect at the time of travel.
VI. Equipment
a. All equipment items must be purchased during the first year of the project as noted on
the Budget Detail. Their awarding is intended to support project goals and be used to
support grant activities throughout the grant term.
Please reference the Tobacco Grant Program Grantee Handbook for more information regarding
allowable costs.
GOALS AND ACTIVITIES
Retail Inspections
• Per year, 40 retailers will be inspected.
• Additional details regarding these inspections:
o The City of Palm Desert will conduct retailer inspections through walk-in inspections.
Inspections will occur four times per year (quarterly). All 40 retailers within the City will
be subject to random inspection,
Minor Decoy Operations
• Per year, 4 minor decoy operations will be conducted.
• Per year, 40 retailers will be targeted through these operations.
• Additional details regarding these operations:
o The City of Palm Desert will conduct minor decoy operations through walk-in operations
every three-six months alongside our partner RCSD, which will help provide safety
measures and follow-up enforcement actions. Retailers will be selected both at random
for compliance checks and in tandem with ongoing investigations to limit future
violations. Follow-up actions will very on the nature of the infraction but may include
fees, citations, retailer education efforts, and other regulatory and legal responses.
Shoulder Tap Operations – Not Applicable
Undercover Buys
• Per year, 4 undercover buy operations will be conducted (other than minor decoy or shoulder
tap).
212
11/19/2025 Page 3 of 4
• Per year, 40 retailers will be targeted through these operations.
• Additional details regarding these undercover operations:
o The city will conduct undercover buy operations through walk-in operations. The
operations will focus specifically on the sales of any tobacco products to minors.
Retailers will be selected if part of a broader investigative effort, with the expectation to
plan 2-4 undercover buy operations per year. City code enforcement officers will work
alongside our partner RCSD on these enforcement efforts.
Retailer Education
• Per year, 40 retailers will receive educational materials.
• Per year, 40 retailers will receive on-site education.
• Additional details regarding these retailer education activities:
o The City of Palm Desert will conduct retailer education through walk-in operations. The
city has three methods to conduct onsite education. The first method is educating
retailers on the STAKE ACT (Stop Tobacco Access to Kids Enforcement Act). The second
method is education through WE CARD, an online program that provides educational
and training services for retailers of tobacco, alcohol, e-cigarettes, vapor products and
other age-restricted products. The third method of retailer education will be reviewing
store policies during employee training. These walk-in education operations will occur
four times per year (quarterly).
Enforcement Officer Education
• Per year, 6 enforcement officers will receive education about tobacco laws and ordinances.
• Additional details regarding these officer education activities:
o The City of Palm Desert plans to educate enforcement officers in three different areas.
The first is educating enforcement officers on the inspection of businesses. Second, will
be training enforcement officers on how to conduct education for businesses. Third, will
be training enforcement officers on PC 308 training, which involves laws regulating the
sale and possession of tobacco products to and by minors.
Prosecution – Not Applicable
Task Force – Not Applicable
Other Activities – Not Applicable
PARTNERING AGENCIES
Based upon the proposal submitted and any subsequent modifications approved by DOJ, the following
agencies are expected to partner with and support the activities and fulfillment of goals referenced
above:
• Riverside County Sheriff’s Department
As the project partner, the Riverside County Sheriff's Department (RCSD) will work alongside the
proposed City code enforcement officers to conduct the proposed decoy sting operations, to aid
with any citations if found. This is something the City already regularly conducts alongside RCSD;
however, grant funding will allow for expanded operations and inspections.
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11/19/2025 Page 4 of 4
Please notify your Grant Program Officer of any proposed changes to partnering agencies, particularly
if they are included within your budget.
214
TOBACCO GRANT BUDGET DETAIL
CITY OF PALM DESERT
DOJ-PROP56-2025-26-1-036
25/26 AWARD BUDGET
Revised 2.5.2026
A. Personnel Services
Salaries
Classification/Positions Computation FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 TOTALS
41,519$ 44,904$ 48,566$ -$ 134,989$
41,519$ 44,903$ 48,565$ -$ 134,987$
SUBTOTAL 83,038$ 89,807$ 97,131$ -$ 269,976$
Overtime
Classification/Positions Computation FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 TOTALS
479$ 518$ 560$ -$ 1,557$
SUBTOTAL 479$ 518$ 560$ -$ 1,557$
Benefits
Classification/Positions Computation FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 TOTALS
30,724$ 33,229$ 35,938$ -$ 99,891$
SUBTOTAL 30,724$ 33,229$ 35,938$ -$ 99,891$
TOTAL PERSONNEL SERVICES 114,241$ 123,554$ 133,629$ -$ 371,424$
B.Operating Expenses and Equipment
Description Computation FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 TOTALS
-$ -$ -$ -$ -$
SUBTOTAL -$ -$ -$ -$ -$
Description Computation FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 TOTALS
-$ -$ -$ -$ -$
SUBTOTAL -$ -$ -$ -$ -$
Description and Destination Computation FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 TOTALS
1,000$ 1,000$ 1,000$ -$ 3,000$
SUBTOTAL 1,000$ 1,000$ 1,000$ -$ 3,000$
TOTAL OPERATING EXPENSES AND EQUIPMENT 1,000$ 1,000$ 1,000$ -$ 3,000$
Costs Per Fiscal Year (July 1 - June 30)
Code Compliance Officer(s)
Management Aide
Code Compliance Officer(s)
Benefits (consolidated for all positions listed above)
None
Equipment (Tangible items with a PER-UNIT cost of $5,000 or more)
NONE
Other Expenses (Excludes Equipment and Travel/Training)
Travel to DOJ Tobacco Enforcement Training(s)Must adhere to state rates in effect at time of travel
Travel Expenses/Registration Fees*
*For approved tobacco related training and travel only. Travel cannot exceed current state rates.
Page 1 of 2 215
TOBACCO GRANT BUDGET DETAIL
CITY OF PALM DESERT
DOJ-PROP56-2025-26-1-036
25/26 AWARD BUDGET
Revised 2.5.2026
C.Administrative Costs*
Description Enter Desired Percentage (up to 5%)FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 TOTAL
5,762$ 6,227$ 6,731$ -$ 18,720$
*Administrative costs must not exceed 5% of the total budget for Sections A & B.TOTAL 5,762$ 6,227$ 6,731$ -$ 18,720$
SUMMARY
Budget Category FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 Total Request
114,241$ 123,554$ 133,629$ -$ 371,424$
1,000$ 1,000$ 1,000$ -$ 3,000$
5,762$ 6,227$ 6,731$ -$ 18,720$
121,003$ 130,781$ 141,360$ -$ 393,144$ TOTAL PROJECT COSTS
Administrative Costs 5.0%
A. Personnel Services
B. Operating Expenses and Equipment
C. Administrative Costs
Page 2 of 2 216
Page 1 of 3
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 26, 2026
PREPARED BY: Chris Escobedo, City Manager
SUBJECT: COVE COMMUNITIES SERVICES COMMISSION AREAS IDENTIFIED
FOR ENHANCED COLLABORATION
RECOMMENDATION:
Receive and file report on Cove Communities Services Commission areas identified for
enhanced collaboration.
BACKGROUND/ANALYSIS:
In 1981, the cities of Indian Wells, Palm Desert, and Rancho Mirage formed the Cove
Communities Services Commission to provide responsible, well-coordinated, and effective fire,
police, and paramedic services. The Commission is comprised of six elected cit y council
members, two from each participating city.
Although each Cove city now contracts public safety services individually, the Cove
Communities Services Commission remains actively engaged in regional programs and projects
that benefit all three cities. These efforts include collaboration in public safety, senior services,
and recreational services.
In 2025, Commissioners expressed interest in identifying opportunities for enhanced regional
collaboration. At the October 22, 2025 meeting, staff presen ted potential focus areas. City
Managers from each city subsequently reviewed the concepts and presented refined
recommendations at the January 21, 2026 meeting. These items were approved by the Cove
Communities Services Commission. The following areas were identified:
Affordable Housing
The City of Indian Wells is pursuing state legislation that would allow a portion of its affordable
housing funds to be used toward the construction of student -focused affordable housing at the
California State University, San Bernardino – Palm Desert Campus, in exchange for Regional
Housing Needs Assessment (RHNA) credit.
Additionally, the three cities are exploring the formation of a RHNA subregion. Establishing a
subregion would provide a formal framework for joint planning and the creation of affordable
housing units across city boundaries, offering greater flexibility and regional coordination in
meeting state housing requirements.
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City of Palm Desert
Cove Communities Services Commission Collaboration
Page 2 of 3
Public Works Collaboration – Bike Route Connectivity
The three cities have a strong history of partnering on roadway projects that cross city
boundaries, including improvements along Highway 111, Monterey Avenue, and Fred Waring
Drive. A newly identified opportunity is enhanced coordination of bike lane additions and
connectivity to create a more seamless network for residents traveling across city boundaries.
Public Works and Capital Projects staff from the three cities will incorporate bike route
connectivity into ongoing and future capital project coordination efforts.
Emergency Preparedness
The three cities have formalized a mutual partnership for emergency management. Under this
agreement, each city has committed to:
Sharing space, shelter, technology, and personnel during emergencies
Providing limited staff support (up to 80 hours) when not managing its own emergency
Retaining full control over its own operations
Prioritizing its own emergency response needs first
While the cities have historically supported one another through informal coordination, this
agreement formalizes a framework for disaster assistance while ensuring each city maintains
operational autonomy. Additional collaborative efforts include joint training and coordination of
Community Emergency Response Team (CERT) programs.
National Night Out
National Night Out is an annual nationwide campaign that promotes police-community
partnerships and public safety awareness. Although traditionally held on the first Tuesday in
August, the event is typically moved to early October in the Coachella Valley due to extreme
summer heat.
For the past two years, Rancho Mirage has hosted the regional event at the Community Park
and Amphitheater, most recently on October 4, 2025. The event has grown into a significant
regional public safety outreach effort, featuring law enforcement and fire/EMS demonstrations,
specialized equipment displays, family activities, and participation from 39 vendors.
Given that the event serves residents across all three Cove communities and involves regional
public safety agencies, staff recommends formalizing National Night Out as a jointly supported
and funded regional initiative moving forward.
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City of Palm Desert
Cove Communities Services Commission Collaboration
Page 3 of 3
Additional Regional Public Safety Initiative
Separate from this list, the three cities are evaluating participation in a Drone as First Responder
(DFR) program through the Riverside County Sheriff’s Department. Because all three cities
share the Palm Desert Sheriff’s Station, the Sheriff’s Department and city staff are jointly
evaluating vendors that deploy public safety drones, as well as exploring the development of a
Real-Time Crime Center at the Palm Desert Station.
The collaborative efforts outlined above are intended to inform the City Council of current and
potential areas of enhanced regional coordination among the Cove communities. These
initiatives reflect a continued commitment to responsible governance, operational efficiency, and
improved service delivery for residents across all three cities.
Staff will continue refining these concepts and evaluating implementation pathways, including
cost-sharing frameworks, governance structures where applicable, and policy considerations.
Additional updates and formal recommendations will be brought forward as next steps are
developed for Commission and City Council consideration.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
None at this time.
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☐ Site-Specific Property Interest – Councilmembers should check if they own or lease real
property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2).
☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other
entitlements for use, and to contracts or franchise agreements other than competitively bid,
labor, or personal employment contracts.
Applicant(s)/Appellant(s): Not Applicable
Councilmembers should review any campaign contributions received within the last 12 months
from parties or participants to the proceeding and must not accept contributions over $500
from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determi nation. Each
Councilmember is responsible for identifying and disclosing any disqualifying interests in
accordance with the Political Reform Act and FPPC regulations.
219
220
Page 1 of 4
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 26, 2026
PREPARED BY: Pedro Rodriguez, Code Compliance & Support Services Manager
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTERS 8.34 AND
8.36 OF THE PALM DESERT MUNICIPAL CODE RELATING TO
TOBACCO RETAILER LICENSING, SMOKING REGULATIONS AND
REGULATION OF KRATOM SALES AND POSSESSION.
RECOMMENDATION:
Hold a public hearing and introduce an Ordinance entitled “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTERS 8.34
AND 8.36 OF THE PALM DESERT MUNICIPAL CODE RELATING TO TOBACCO RETAILER
LICENSING, SMOKING REGULATIONS, AND REGULATION OF KRATOM SALES AND
POSSESSION AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.”
BACKGROUND/ANALYSIS:
In December 2009, the City Council adopted Ordinance No. 1200, which revised PDMC Chapter
8.36 concerning the regulation and prohibition of smoking. Since that tim e, smoking products
and practices have evolved significantly, including the widespread use of electronic smoking
devices and the introduction of substances beyond traditional tobacco. This item was initially
brought forward to City Council at the August 22, 2024, study session. Staff has been working
on a comprehensive cleanup of the chapter and addressing new legislation and products,
including Kratom.
The proposed amendments to PDMC Chapters 8.34 and 8.36 are intended to modernize the
Municipal Code, close regulatory gaps, clarify enforcement authority, and align local regulations
with current public health objectives. Key components of the amendments include updated
definitions, new licensing and sales prohibitions, regulation of kratom products, enhanced
enforcement measures, and clarification of smoking restrictions within private country club
communities.
PDMC Chapter 8.36 regulates smoking in public places, places of employment, and other
specified locations to protect public health and reduce expo sure to secondhand smoke. PDMC
Chapter 8.34 establishes licensing requirements and operational standards for tobacco retailers.
Since the adoption of Ordinance No. 1200 in 2009, new smoking technologies and products
such as electronic smoking devices and non-tobacco substances have emerged. Additionally,
enforcement experience has identified ambiguities within the code, particularly regarding
applicability to private country clubs and the sale of emerging substances such as kratom.
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City of Palm Desert
Tobacco Retailer License and Smoking Regulations
Page 2 of 4
At that 2024 study session, staff requested direction on the intent of the smoking ordinance
following a Code Compliance complaint related to smoking outside a restaurant located within a
private country club community. Staff’s review identified a potential conflict between the smoking
prohibitions and the exclusion of private country clubs from the definition of “public place.” As a
result of the direction received by City Council, the amendments are being proposed to Chapter
8.34 and Chapter 8.36.
At the February 11, 2026, study session, the prohibition and regulation of kratom products were
discussed. This amendment incorporated the prohibition of high-risk synthetic kratom products
into Chapter 8.36.
Amendments to Chapter 8.34 – Tobacco Retailer License
General Cleanup
Revise language throughout the chapter to improve clarity, consistency, and precision.
Update terminology to reflect current usage and remove outdated or redundant
provisions.
Amended Definitions
Update definitions to encompass electronic smoking devices and non-tobacco
substances.
Add definitions and regulatory language related to kratom products.
Licensing Requirements and Prohibitions
Prohibit the sale of electronic smoking devices.
Prohibit the sale of flavored tobacco products.
Prohibit the sale of tobacco products at pharmacies.
Kratom Regulations
Prohibit the sale and possession of high-risk synthetic kratom products.
Aligns clear enforcement standards for kratom retailers with existing tobacco laws.
Establish clear authority for enforcement related to kratom violations and penalties.
Aligns with regional public health concerns and regulatory enforcement practices across
multiple valley cities.
Inspections and Enforcement
Enhance enforcement provisions by allowing more frequent compliance monitoring.
Increase penalties for operational violations.
Authorize revocation of a tobacco retailer license for illegal kratom sales.
Amendments to Chapter 8.36 – Regulation and Prohibition of Smoking
General Cleanup and Definitions
Revise ordinance language for clarity and consistency.
Update definitions to include electronic smoking devices and non-tobacco substances.
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City of Palm Desert
Tobacco Retailer License and Smoking Regulations
Page 3 of 4
Clarification of Smoking Restrictions
PDMC Chapter 8.36 currently prohibits smoking in unenclosed areas of:
Public places, including within 20 feet of primary entrances to privately owned
commercial, industrial, institutional, or professional office buildings.
Places of employment.
Businesses, including within 20 feet of dining area entrances.
Common areas of multifamily residential properties owned by the City.
While smoking is prohibited in these locations, a private country club was previously excluded
from the definition of “public place,” creating ambiguity in enforcement.
Private Country Clubs
Amend the code to define a private country club as a “public place” for purposes of
smoking regulation.
Retain exceptions specifying that the following are not public places:
o A private residence within a private country club.
o The fairway or putting green of a golf course located within a private country club.
This clarification ensures consistent application of smoking regulations and aligns with the public
health intent of the ordinance.
The amendments set forth in these two chapters are a reasonable and necessary exercise of
the City’s police power to protect public health, safety, and welfare. Additionally, these
amendments modernize the City’s smoking and tobacco retailer regulations, address emerging
products and substances, and enhance enforcement authority.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no fiscal impact related to this item.
ATTACHMENTS:
1. Chapter 8.34 (w/ Kratom prohibition)
2. Draft Chapter 8.34 (w/ Kratom prohibition)
3. Chapter 8.36
4. Draft Chapter 8.36
5. Tobacco Retailer and Smoking Ordinance (w/ Kratom prohibition)
6. Presentation – will be provided prior to the meeting
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City of Palm Desert
Tobacco Retailer License and Smoking Regulations
Page 4 of 4
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☐ Site-Specific Property Interest – Councilmembers should check if they own or lease real
property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2).
☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other
entitlements for use, and to contracts or franchise agreements other than co mpetitively bid,
labor, or personal employment contracts.
Applicant(s)/Appellant(s): Not Applicable
Councilmembers should review any campaign contributions received within the last 12 months
from parties or participants to the proceeding and must not accept contributions over $500
from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determination. Each
Councilmember is responsible for identifying and disclosing any disqualifying interests in
accordance with the Political Reform Act and FPPC regulations.
224
Chapter 8.34 TOBACCO RETAILER LICENSE
§ 8.34.010 Definitions.
The following words and phrases, whenever used in this chapter, shall have the
meaning defined in this section unless the context clearly requires otherwise:
“Characterizing flavor” means a distinguishable taste or aroma, or both, other
than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct
produced by the tobacco product. Characterizing flavors include, but are not limited to,
tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert,
alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall
not be determined to have a characterizing flavor solely because of the use of addi tives
or flavorings or the provision of ingredient information. Rather, it is the presence of a
distinguishable taste or aroma, or both, that constitutes a characterizing flavor.
“City” means the City of Palm Desert
“Constituent” means any ingredient, substance, chemical, or compound, other
than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer
to a tobacco product during the processing, manufacture, or packing of the tobacco
product.
“Consumer” means a person who purchases a tobacco product for consumption.
“Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket,
image, or other issue, whether in paper, digital, or other form, used for commercial
purposes to obtain an article, product, service, or accommodation without charge or at a
discounted price.
“Department” means the Development Services Department of the city.
“Electronic smoking device” means any device that may be used to deliver any
aerosolized or vaporized substance to the person inhalin g from the device, including,
but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic
smoking device includes any component, part, or accessory of the device, and also
includes any substance that may be aerosolized or vaporized by such device, whether
or not the substance contains nicotine, and whether natural or synthetic. Electronic
smoking device does not include any product that has been approved by the United
States Food and Drug Administration for sale as a tobacco cessa tion product or for
other therapeutic purposes where such product is marketed and sold solely for such an
approved purpose.
“Flavored tobacco product” means any tobacco product that contains a
constituent that imparts a characterizing flavor, as defined in California Health and
Safety Code Section 104559.5(a)(1), or any tobacco product, other than looseleaf
tobacco, a premium cigar, or a shisha tobacco product, that is not listed on the
225
Unflavored Tobacco List established by the California Attorney General pursuant to
California Health and Safety Code Section 104559.1.
“Full retail price” means the price listed for a tobacco product on its packaging or
on any related shelving, advertising, or display where the tobacco product is sold or
offered for sale, plus all applicable taxes and fees if such taxes and fees are not
included in the listed price.
“Kratom” means the plant Mitragyna speciosa, whether growing or not, and any
compound, manufacture, salt, derivative, mixture, or preparation of that plant, inc luding
its leaves, and any product containing mitragynine, speciociliatine, speciogynine,
paynantheine, or 7-hydroxymitragynine (also known as 7-OH), whether natural or
synthesized.
“Kratom leaf” means the leaf of the kratom plant, also known as Mitragyna
speciosa, in any form, but without chemical alternation beyond traditional drying or
grinding.
“Kratom leaf extract” means the material obtained by extraction of kratom leaves
by any means, provided that the extraction process does not introduce synthetic or
chemically altered kratom alkaloids.
“Kratom product” means a product consisting of kratom leaf, kratom leaf extract,
or both; any part of a leaf of the plant Mitragyna speciosa in fresh, dehydrated or dried
form or a kratom extract or any product that contains any kratom alkaloid or metabolite.
“Labeling” means written, printed, pictorial, or graphic matter upon any tobacco
product or any of its packaging.
“License” means a valid tobacco retailer’s license issued by the department to a
person to act as a tobacco retailer.
“Looseleaf tobacco” consists of cut or shredded pipe tobacco, usually sold in
pouches, excluding any tobacco product which, because of its appearance, type,
packaging, or labeling, is suitable for use and likely to be offered to, or purchased by,
consumers as tobacco for making cigarettes, including roll-your-own cigarettes.
“Natural kratom leaf product” consisting of kratom leaf, kratom leaf extract, or
both, that has not been chemically altered or adulterated with synthetic or concentrated
kratom alkaloids or derivatives, including, but not limited to 7-hydroxymitragynine in
concentrations exceeding levels that occur naturally in kratom leaf.
“Packaging” means a pack, box, carton, or container of any kind or, if no other
container, any wrapping (including cellophane) in which a tobacco product is sold, or
offered for sale, to a consumer.
226
“Person” means any natural person partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee or any other legal
entity.
“Pharmacy” means any retail establishment in which the profession of pharmacy
is practiced by a pharmacist licensed by the State of California in accordance with the
Business and Professions Code and where prescription pharmaceuticals are offered for
sale, regardless of whether the retail establishment sells other retail goods in addition to
prescription pharmaceuticals.
“Proprietor” means a person with an ownership or managerial interest in a
business. An ownership interest shall be deemed to exist when a person has a ten
percent or greater interest in the stock, assets, or income of a business other than the
sole interest of security for debt. A managerial interest shall be deemed to exist when a
person can or does have, or can or does share, ultimate control over the day-to-day
operations of a business.
“Tobacco product” means any substance containing tobacco leaf, including, but
not limited to, cigarettes, cigars, pipe tobacco, snuff chewing tobacco, dipping tobacco,
bidis, or any other preparation of tobacco.
“Self-service display” means the open display or storage of tobacco products in a
manner that is physically accessible to the general public without the assistance of the
retailer or employee of the retailer and a direct face-to-face transfer between the
purchaser and the retailer or employee of the retailer. A vending machine is a form of
self-service display.
“Shisha tobacco product” means a tobacco product smoked or intended to be
smoked in a hookah. Shisha tobacco product includes, and may be referred to as,
hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. Shisha tobacco
product does not include any electronic devices, such as an electronic hookah,
electronic cigarette, or electronic tobacco product.
“Synthesized” means an alkaloid or alkaloid derivative that has been created by
chemical synthesis or biosynthetic means (include but not limited to: fermentation,
recombinant techniques, yeast derived enzymatic techniques) rather than traditional
food preparation techniques such as heating or extracting. It also includes alkaloids that
have been further exposed to chemicals or processes that would confer a structural
change in the alkaloids contained within the extract.
“Synthetic kratom alkaloid” means any kratom alkaloid or derivative that has
been created, isolated, increased, or modified through chemical synthesis, biosynthesis,
fermentation, recombinant techniques, enzymatic processing, or other processes that
materially alter the naturally occurring alkaloid profile.
“Synthetic kratom product” means any product containing a synthetic kratom
alkaloid, including synthesized or chemically altered 7-hydroxymitragynine (7-OH),
regardless of labeling or marketing.
227
“Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of
smoking materials of all types, cigarette rolling machines, and any other item designed
for the smoking or ingestion of or marketed for the consumption, use, or preparation of
tobacco products, as defined in California Health and Safety Code Section
104559.5(a)(17)(A)(iii).
“Tobacco product” means any substance containing tobacco leaf, including, but
not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco,
bidis, or any other preparation of tobacco product as defined in California Health and
Safety Code Section 104559.5(a)(17), including, but not limited to, any product
containing, made, or derived from tobacco or nicotine intended for human consumption,
electronic devices that deliver nicotine or other vaporized liquids, and any component,
part, or accessory of a tobacco product. Tobacco product does not include any product
that has been approved by the United States Food and Drug Administration for sale as
a tobacco cessation product or for other therapeutic purposes where such product is
marketed and sold solely for such an approved purpose.
“Tobacco product flavor enhancer” means a product designed, manufactured,
produced, marketed, or sold to produce a characterizing flavor when added to a tobacco
product, as defined in California Health and Safety Code Section 104559.5(a)(18).
“Tobacco retailer” means any person who sells, offers for sale, or does or offers
to exchange for any form of consideration, tobacco, tobacco products, or tobacco
paraphernalia. “Tobacco retailing” shall mean the doing of any of these things. This
definition is without regard to the quantity of tobacco, tobacco products, or tobacco
paraphernalia sold, offered for sale, exchanged, or offered for exchange.
§ 8.34.020 Requirements.
A. It is unlawful for any person to act as a tobacco retailer without first
obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for
each location at which that activity is to occur. No license may issue to authorize
tobacco retailing at other than a fixed location. For example, tobacco retailing by
persons on foot and tobacco retailing from vehicles are prohibited. No license may be
issued to authorize sales of tobacco products at a temporary event, such as a festival or
farmers’ market.
B. The payment of the license fee designated in Section 8.34.060 confers
paid status upon a license for a term of one year. Each tobacco retailer shall apply for
the renewal of his or her tobacco retailer’s license no later than thirty (30) days prior to
expiration of the payment term. A license that is not renewed in a timely manner shall
expire at the end of its term, and the tobacco retailer must obtain a new license prior to
any further sale, offer for sale, or distribution of any tobacco product.
C. Nothing in this chapter shall be construed to grant any person obtaining
and maintaining a tobacco retailer’s license any status or right other than the right to act
as a tobacco retailer at the location in the city identified on the face of the permit. For
228
example, nothing in this chapter shall be construed to render inapplicable, supersede,
or apply in lieu of any other provision of applicable law, including, without limitation, any
condition or limitation on smoking in enclosed places of employment made applicable to
business establishments by California Labor Code Section 6404.5 or the prohibition on
the sale of flavored tobacco products and tobacco product flavor enhancers under
California Health and Safety Code Section 104559.5. All licenses are issued subject to
the city’s right to amend this chapter from time to time, and tobacco retailers shall
comply with all provisions of this chapter, as amended.
D. It is unlawful for any person to sell, offer for sale, or possess with the
intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor
enhancer, except as permitted under California Health and Safety Code Section
104559.5(c), (d), and (e) for flavored shisha tobacco products, premium cigars sold in
cigar lounges, and looseleaf tobacco. There shall be a rebuttable presumption that a
tobacco product is a flavored tobacco product if a manufacturer or any of the
manufacturer’s agents or employees, in the course of their agency or employment, has
made a statement or claim directed to consumers or to the public that the tobacco
product has or produces a characterizing flavor, including, but not limited to, text, color,
and/or images on the product’s labeling or packaging that are used to explicitly or
implicitly communicate that the tobacco product has a characterizin g flavor.
E. A tobacco retailer’s permit issued to a hookah tobacco retailer shall only
authorize the sale of flavored shisha tobacco products if the retailer complies with all
conditions set forth in California Health and Safety Code Section 104559.5(c), in cluding
maintaining a valid state cigarette and tobacco products retailer license issued by the
California Department of Tax and Fee Administration, prohibiting persons under 21
years of age from entering the premises at any time, and operating in accordan ce with
all state and local laws related to tobacco sales and consumption, including, but not
limited to, California Labor Code Section 6404.5.
F. No tobacco retailer shall violate, or cause or allow the tobacco retailer’s
agents or employees to violate, any provision of this chapter or any other local, state, or
federal law applicable to tobacco products or tobacco retailing.
G. Tobacco retailers are responsible for the actions of their employees and
agents relating to the sale, offer to sell, and furnishing of tobacco products at the retail
location. The sale of any tobacco product by an employee shall be considered an act of
the tobacco retailer, and the license holder shall be responsible for any monetary
penalties levied.
H. Nothing in this chapter shall be construed to penalize the purchase, use,
or possession of a tobacco product by any person not engaged in tobacco retailing.
I. No tobacco retailer shall do any of the following: (1) Honor or redeem, or
offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product
for less than full retail price; (2) Sell any tobacco product to a consumer through a
multiple package discount or otherwise provide any such product to a consumer for less
229
than the full retail price in consideration for the purchase of any tobacco product or any
other item; or (3) Provide any free or discounted item to a consumer in consideration for
the purchase of any tobacco product.
J. No person or tobacco retailer shall sell or offer to sell any electronic
smoking device that delivers natural or synthetic nicotine or any other substance(s) to
the person inhaling from the device. This includes any component, part, or accessory
intended or reasonably expected to be used with the electronic smoking device,
whether or not sold separately.
K. No pharmacy or pharmacy employee or agent shall sell or offer to sell any
tobacco product. The department shall not issue any new, or renew any existing,
license for any pharmacy.
L. No tobacco retailer or other person shall sell or offer for sale a ny tobacco
product to any consumer unless the tobacco product: (1) is sold in the original
manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable
federal labeling requirements; and (3) conforms to all applicable child -resistant
packaging requirements.
M. Tobacco retailing by means of a self -service display is prohibited. All sales
of tobacco products and tobacco paraphernalia shall be conducted in person, over the
counter, at the permitted location.
N. Tobacco retailers shall post conspicuously, at each point of purchase, a
notice stating that selling tobacco products to anyone under 21 years of age is illegal
and subject to penalties. The form and content of such notice shall be subject to the
approval of the department.
O. No tobacco retailer or other person shall sell or offer to sell a tobacco
product to another person without first verifying by means of government -issued
photographic identification that the recipient is at least 21 years of age.
P. No tobacco retailer shall allow, at its retail location, any individual who is
younger than 21 years of age to sell or offer to sell tobacco products.
Q. Kratom Regulations
1. No person or business shall sell, offer for sale, or distribute any synthetic
kratom product within the City.
2. This chapter shall not prohibit the sale or distribution of natural kratom leaf
products that do not contain synthetic or chemically altered kratom
alkaloids.
3. No person under twenty-one (21) years of age shall possess any kratom
or kratom product within the City.
4. This chapter shall not apply to possession of kratom or kratom products by
persons twenty-one (21) years of age or older, provided such products are
otherwise lawful under this chapter.
230
5. There shall be a rebuttable presumption that a product is a synthetic
kratom product if a manufacturer or any of the manufacturer’s agents or
employees, in the course of their agency or employment, has made a
statement or claim directed to consumers or to the public that the product
has or produces effects similar to a synthetic kratom product, including,
but not limited to, text, color, and/or images on the product’s labeling or
packaging that are used to explicitly or implicitly communicate that the
product is a synthetic kratom product.
R. It is unlawful for any person to sell, offer for sale, or distribute any kratom product
to a person under twenty-one (21) years of age.
S. No person or tobacco retailer shall sell or offer for sale any natural kratom leaf
product unless it is: (1) is sold in the original manufacturer’s packaging intended
for sale to consumers; (2) conforms to all applicable federal labeling
requirements; and (3) conforms to all applicable child-resistant packaging
requirements.
T. Natural kratom leaf product retailing by means of a self -service display is
prohibited. All sales of natural kratom leaf products shall be conducted in person,
over the counter.
U. Retailers selling natural kratom leaf products shall post conspicuously, at each
point of purchase a notice stating that selling kratom products to anyone under
21 years of age is illegal and subject to penalties. The form and content of such
notice shall be subject to the approval of the department.
V. No retailer or other person shall sell or offer to sell a natural kratom leaf product
to another person without first verifying by means of government-issued
photographic identification that the recipient is at least twenty-one (21) years of
age.
§ 8.34.030 Application procedure.
Application for a tobacco retailer’s license shall be submitted in the name of each
proprietor proposing to conduct retail tobacco sales and shall be signed by each
proprietor or an authorized agent thereof. It is the responsibility of each proprietor to be
informed of the laws affecting the issuance of a tobacco retaile r’s license, including, but
not limited to, California Health and Safety Code Section 104559.5 prohibiting the sale
of flavored tobacco products and tobacco product flavor enhancers and the kratom
regulations under this chapter. A license that is issued in error or on the basis of false or
misleading information supplied by a proprietor may be revoked pursuant to Section
8.34.090 of this chapter. No license holder may rely on the issuance of a license as a
determination by the City that the license holder h as complied with all laws applicable to
tobacco retailing. All applications shall be submitted on a form supplied by the
department and shall contain the following information:
A. The name, address, and telephone number of each proprietor;
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B. The business name, address, and telephone number of the single fixed
location for which a tobacco retailer’s license is sought;
C. The name and mailing address authorized by each proprietor to receive all
license-related communications and notices (the “authorized address”). If an authorized
address is not supplied, each proprietor shall be understood to consent to the provision
of notice at the business address specified in subsection (B) of this section;
D. Whether or not any proprietor has previously been issued a license
pursuant to this chapter that is, or was at any time, suspended or revoked and, if so, the
dates of the suspension period or the date of revocation;
E. A statement signed by each proprietor affirming that the business will
comply with all state and local laws related to the sale of tobacco products, including the
prohibition on flavored tobacco products and tobacco product flavor enhancers under
California Health and Safety Code Section 104559.5 and the kratom regulations under
this chapter;
F. For applications by hookah tobacco retailers intending to sell flavored
shisha tobacco products, a certification that the business meets all conditions set forth
in California Health and Safety Code Section 104559.5(c);
G. Proof that the location for which a license is sought has been issued a
valid state license for the sale of tobacco products, if the tobacco retailer sells products
that require such license;
H. A statement whether or not the tobacco retailer or any agent of the
tobacco retailer has been found to have violated this chapter or other applicable law
governing tobacco products or tobacco retailing and, if so, the dates and locations of all
such violations within the previous five (5) years;
I. An application for a new or renewal license will be denied if there are any
outstanding fines or late fees issued by the department, or during any period of
suspension; and
J. Such other information as the department deems necessary for the
administration or enforcement of this chapter.
§ 8.34.040 Issuance of license.
Upon the receipt of an application for a tobacco retailer’s license and the license
fee, the department shall issue a license unless substantial record evidence
demonstrates one of the following bases for denial:
A. The application is incomplete or inaccurate; or
B. The application seeks authorization for tobacco retailing by a proprietor for
which or whom a suspension is in effect pursuant to Section 8.34.080 of this chapter; or
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by a proprietor which or who has had a license revoked pursuant to Section 8.34.09 0 of
this chapter; or
C. The application seeks authorization for tobacco or kratom retailing that is
prohibited pursuant to Section 8.34.020 of this chapter (e.g., mobile vending), that is
unlawful pursuant to this Palm Desert code (e.g., the zoning code), or that is unlawful
pursuant to any other local, state or federal law, including, but not limited to, the
prohibition on the sale of flavored tobacco products and tobacco product flavor
enhancers under California Health and Safety Code Section 104559.5.
D. For applications by hookah tobacco retailers intending to sell flavored
shisha tobacco products, the application fails to demonstrate compliance with all
conditions set forth in California Health and Safety Code Section 104559.5(c).
E. The sale of tobacco products and accessories is prohibited in City-owned
structures and in any area of a structure leased by the City.
§ 8.34.050 Display of license.
Each license shall be prominently displayed in a publicly visible location at the
licensed premises.
§ 8.34.060 Fees for license.
The fee to issue or to renew a tobacco retailer’s license shall be established by
resolution of the city council of Palm Desert, California. The fee shall be calculated so
as to recover no more than the total cost of license administration and enforcement,
including, for example, but not limited to, issuing the license, administering the license
program, retailer education, retailer inspection and compliance checks, documentation
of violations, and prosecution of violators. Fees are nonrefundable except as may be
required by law.
§ 8.34.070 Licenses nontransferable.
A tobacco retailer’s license is nontransferable. If the information required in the
license application pursuant to Section 8.34.030, subsections (A) through (C), changes
a new tobacco retailer’s license is required before the business may continue to act as a
tobacco retailer. For example, if a proprietor to whom a license has been issued
changes business location, that proprietor must apply for a new license prior to acting
as a tobacco retailer at the new location. Or if the business is sold, the new owner must
apply for a license for that location before acting as a tobacco retailer. Any attempted
transfer shall render the license null and void. Notwithstanding any other provision of
this chapter, prior violations of this chapter at a location shall continue to be counted
against that location and license ineligibility and suspension periods shall continue to
apply to that location unless: (1) One hundred percent of the interest in the stock,
assets, or income of the business, other than a security interest for the repayment of
debt, has been transferred to the new owner(s); and (2) the City is provided with clear
and convincing evidence, including an affidavit, that the business has been acquired in
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an Arm’s Length Transaction. An Arm’s Length Transaction, for the purposes of this
section, means a transaction in which two or more unrelated and unaffiliated parties
agree on the transfer in question; the parties act independently and in their own self-
interest; and the parties have equal bargaining power and symmetric information,
leading the parties to agree upon fair-market terms.
§ 8.34.080 License violation.
A. Violation of Tobacco and Kratom-Related Laws. It is a violation of this
chapter for a person, licensee, or his or her agent or employee to violate any local,
state, or federal tobacco-related law, including, but not limited to, the prohibition on the
sale, offer for sale, or possession with intent to sell flavored tobacco products or
tobacco product flavor enhancers under California Health and Safety Code Section
104559.5 or the kratom regulations in this chapter
B. License Compliance Monitoring. Compliance with this chapter shall be
monitored by the code compliance division. The city council anticipates that compliance
checks of a sample of tobacco retailers selected or based on complaints will be
conducted as necessary during each twelve-month period. Compliance checks shall
take place during normal business hours, with or without notice. If a violation has
occurred, the tobacco retailer shall be inspected as needed to ensure compliance. All
permitted premises must be open to inspection by the department during regular
business hours and may include the use of audio or video recording equipment to
document illegal sales or attempted sales. The department shall coordinate with the
California Department of Public Health and the California Department of Tax and Fee
Administration to ensure compliance with state tobacco laws, including the flavored
tobacco sales restrictions under California Health and Safety Code Section 104559.5.
§ 8.34.090 Suspension, expiration, or revocation of license.
A. Suspension or Revocation of License for Violation. In addition to any other
penalty authorized by law, a tobacco retailer’s license shall be suspended or revoked if
the department finds, after notice to the licensee and opportunity to be heard, that the
licensee or his or her agents or employees has or have violated the requirements of this
chapter or other conditions of the license imposed pursuant to Section 8.34.080.
1. Upon a finding by the department of a first license violation within
any sixty-month period, the license shall be suspended for thirty (30) days.
2. Upon a finding by the department of a second license violation
within any sixty-month period, the license shall be suspended for ninety (90) days.
3. Upon a finding by the department of a third license violation within
any sixty-month period, the license shall be suspended for one (1) year.
4. Upon a finding by the department of a fourth license violation within
any sixty-month period, the license shall be revoked and the proprietor or proprietors
who had been issued the license shall never again be issued a tobacco retailer’s license
pursuant to this chapter.
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B. Expiration of License for Failure to Pay Renewal Fee. A tobacco retailer’s
license that is not timely renewed pursuant to Section 8.34.020(B) shall automatically
expire at the end of its term, and the tobacco retailer must obtain a new license prior to
any further sale, offer for sale, or distribution of any tobacco product.
C. Revocation of License Issued in Error. A tobacco retailer’s license shall be
revoked if the department finds, after notice and opportunity to be heard, that one or
more of the bases for denial of a license under Section 8.34.040 existed at the time
application was made or at any time before the license issued. The revocation shall be
without prejudice to the filing of a new application for a license.
D. Appeal of Suspension or Revocation. A decision of the department to
revoke or suspend a license is appealable to the city council and must be filed with the
city clerk within ten (10) days of mailing of the department’s decision. An appeal shall
stay all proceedings in furtherance of the appealed action. A suspension or revocation
pursuant to subsection (B) is not subject to appeal.
E. Coordination with State Penalties. In addition to the penalties described in
this section, violations of California Health and Safety Code Section 104559.5, including
the sale of flavored tobacco products or tobacco product flavor enhancers, may result in
civil penalties and license suspension or revocation by the California Department of Tax
and Fee Administration as prescribed in California Business and Professions Code
Sections 22974.2 and 22958.
§ 8.34.100 Administrative fine.
A. Grounds for Fine. If the department finds, based on substantial evidence,
that (1) any unlicensed person, including a person named on a revoked or suspended
license, has engaged in tobacco retailing in violation of Section 8.34.020 of this chapter;
or (2) that any person has violated the kratom regulations in Section 8.34.020 of this
chapter, the department shall fine that person as follows:
1. A fine not exceeding one hundred dollars ($100) for a first violation
in any twelve-month period;
2. A fine not exceeding two hundred dollars ($200) for a second
violation in any twelve-month period; or
3. A fine not exceeding five hundred dollars ($500) for a third or
subsequent violation in any twelve-month period.
Each day that such a person engages in tobacco retailing or unlawful sale of
kratom shall constitute a separate violation. A fine shall be imposed in the amounts set
forth in this subsection upon findings made by the department that the person, or any
agent or employee of the person, has violated any provision of this chapter. Any
administrative fine shall be imposed solely against the tobacco retailer and/or seller of
kratom, not the tobacco retailer’s or seller of kratom’s employees or agents.
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B. Notice of Violation. A notice of violation and of intent to impose a fine shall
be personally served on, or sent by certified mail to, the person or persons subject to
the fine. The notice shall contain a description of the facts upon which the asserted
violation is based and include an advisement of the right to request a hearing to contest
the fine. Any request for a hearing must be in writing and must be received by the
department within ten (10) calendar days of personal service of the notice on the person
or persons subject to a fine or within fifteen (15) calendar days if the person or persons
subject to a fine are served by mail.
C. Imposition of Fine. If no request for a hearing is timely received, the
department’s determination on the violation and the imposition of a fine shall be final
and payment shall be made within thirty (30) calendar days of written demand made in
the manner specified above for a notice of violation. If the fine is not paid within that
time, the fine may be collected, along with interest at the legal rate, in any manner
provided by law. In the event that a judicial action is necessary to compel payment of
the fine and accumulated interest, the person or persons subject to the fine shall also be
liable for the costs of the suit and attorney’s fees incurred by the city in collecting the
fine.
D. Notice of Hearing. If a hearing is requested pursuant to subsection (B) of
this section, the department shall provide written notice, within forty-five (45) calendar
days of its receipt of the hearing request, to the person or persons subject to a fine of
the date, time, and place of the hearing in the manner specified above for a notice of
violation.
E. Hearing Decision. The hearing officer shall render a written decision and
findings within twenty (20) working days of the hearing. Copies of the decision and
findings shall be provided to the person or persons subject to a fine in the manner
specified above for a notice of violation.
F. Finality of the Hearing Officer’s Decision. The decision of the hearing
officer shall be the final decision of the city.
G. Appeal to Superior Court of Limited Jurisdiction. Notwithstanding the
provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, within twenty
(20) days after personal service of the hearing officer’s decision and findings, or within
twenty-five (25) days if served by mail, any person subject to a fine may seek review of
the hearing officer’s decision and findings by the superior court of limited jurisdi ction. A
copy of the notice of appeal to the superior court shall be timely served in person or by
first-class mail upon the department by the contestant. The appeal shall be heard de
novo, except that the contents of the department’s file in the case shall be received in
evidence. A copy of the records of the department of the notices of the violation and of
the hearing officer’s decision and findings shall be admitted into evidence as prima facie
evidence of the facts stated therein.
H. Failure to Pay Fine. If no timely notice of appeal to the superior court is
filed, or the department is not timely served with a copy of a notice of appeal, the
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hearing officer’s decision and findings shall be deemed confirmed and the fine shall be
collected pursuant to subsection (C) of this section.
I. A tobacco retailer without a current valid license shall: (1) Keep all tobacco
and/or natural kratom leaf products out of public view. The public display of tobacco
products in violation of this provision shall constitute tobacco retailing without a license;
and (2) Not display any advertisement relating to tobacco products that offers the sale
of such products from the tobacco retailer’s location.
J. State Penalties. Administrative fines imposed under this section are in
addition to any civil penalties or license suspension or revocation imposed by the
California Department of Public Health, the California Department of Tax and Fee
Administration, or other enforcing agencies under California Health and Safety Code
Section 104559.5 or Business and Professions Code Sections 22974.2 and 22958 for
violations of state tobacco laws, including the sale of flavored tobacco products or
tobacco product flavor enhancers.
K. Infraction. The city may issue an infraction citation to any property owne r,
manager, agent, employee or operator, pursuant to the provisions set forth in
Chapter 1.08, Citations for Code Violations, including, but not limited to, the imposition
of any and all criminal penalties set forth therein if there is any violation of this chapter
committed, caused or maintained by any of the above parties. Unless otherwise
provided herein, any person convicted of an infraction shall, for each separate violation
of this chapter be subject to:
(1) a fine in an amount not to exceed one hundred dollars ($100) for a first
conviction of an offense;
(2) a fine in an amount not to exceed two hundred dollars ($200) for a second
conviction of the same offense within a twelve-month period of the date of the
first offense; and
(3) a fine in an amount not to exceed five hundred dollars ($500) for the third
conviction of the same offense within a twelve-month period of the date of the
first offense.
§ 8.34.110 Enforcement.
The remedies provided by this chapter are cumulative and in addition to any
other remedies available at law or in equity.
A. Causing, permitting, aiding, abetting or concealing a violation of any
provision of this chapter shall constitute a violation.
B. In addition to the administrative enforcement procedures provided by
Section 8.34.090 of this chapter, violations of this chapter may, in the discretion of the
237
prosecutor, be prosecuted as infractions or as otherwise provided by state law,
including California Health and Safety Code Section 104559.5 and Business and
Professions Code Sections 22974.2 and 22958.
C. Violations of this chapter are declared to be public nuisances, subject to
all applicable civil, administrative, and criminal remedies and penalties according to the
provisions and procedures contained in this Municipal Code and state law, including,
but not limited to, an action for abatement or injunctive relief.
D. Violations of this chapter are hereby declared to be unfair business
practices and are presumed to at least nominally damage each and every resident of
the community in which the business operates.
E. In addition to other remedies provided by this chapter or by other law, any
violation of this chapter may be remedied by a civil action brought by the city attorne y,
including, for example, administrative or judicial nuisance abatement proceedings, civil
or criminal code enforcement proceedings and suits for injunctive relief.
F. Any person acting for the interests of itself, its members or the general
public may bring an action for injunctive relief to prevent future such violations or to
recover such actual damages as he or she may prove.
G. The department shall coordinate with the California Department of Public
Health, the California Department of Tax and Fee Administration, and other state or
local enforcing agencies to report suspected violations of state tobacco laws, including
the sale of flavored tobacco products or tobacco product flavor enhancers, and to
facilitate the seizure of illegal products as authorized by California Business and
Professions Code Section 22974.2.
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Attachment A 1
Chapter 8.34 TOBACCO RETAILER LICENSE 2
§ 8.34.010 Definitions. 3
The following words and phrases, whenever used in this chapter, shall have the 4
meaning defined in this section unless the context clearly requires otherwise: 5
“Characterizing flavor” means a distinguishable taste or aroma, or both, other 6
than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct 7
produced by the tobacco product. Characterizing flavors include, but are not limited to, 8
tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, 9
alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall 10
not be determined to have a characterizing flavor solely because of the use of additives 11
or flavorings or the provision of ingredient information. Rather, it is the presence of a 12
distinguishable taste or aroma, or both, that constitutes a characterizing flavor. 13
“City” means the City of Palm Desert. 14
“Constituent” means any ingredient, substance, chemical, or compound, other 15
than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer 16
to a tobacco product during the processing, manufacture, or packing of the tobacco 17
product. 18
“Consumer” means a person who purchases a tobacco product for consumption. 19
“Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, 20
image, or other issue, whether in paper, digital, or other form, used for commercial 21
purposes to obtain an article, product, service, or accommodation wit hout charge or at a 22
discounted price. 23
“Department” means the Development Services Department of the city. 24
“Electronic smoking device” means any device that may be used to deliver any 25
aerosolized or vaporized substance to the person inhaling from the device, including, 26
but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic 27
smoking device includes any component, part, or accessory of the device, and also 28
includes any substance that may be aerosolized or vaporized by such device, whether 29
or not the substance contains nicotine, and whether natural or synthetic. Electronic 30
smoking device does not include any product that has been approved by the United 31
States Food and Drug Administration for sale as a tobacco cessation product or for 32
other therapeutic purposes where such product is marketed and sold solely for such an 33
approved purpose. 34
“Flavored tobacco product” means any tobacco product that contains a 35
constituent that imparts a characterizing flavor, as defined in Californi a Health and 36
Safety Code Section 104559.5(a)(1), or any tobacco product, other than looseleaf 37
239
tobacco, a premium cigar, or a shisha tobacco product, that is not listed on the 1
Unflavored Tobacco List established by the California Attorney General pursuant to 2
California Health and Safety Code Section 104559.1. 3
“Full retail price” means the price listed for a tobacco product on its packaging or 4
on any related shelving, advertising, or display where the tobacco product is sold or 5
offered for sale, plus all applicable taxes and fees if such taxes and fees are not 6
included in the listed price. 7
“Kratom” means the plant Mitragyna speciosa, whether growing or not, and any 8
compound, manufacture, salt, derivative, mixture, or preparation of that plant, including 9
its leaves, and any product containing mitragynine, speciociliatine, speciogynine, 10
paynantheine, or 7-hydroxymitragynine (also known as 7-OH), whether natural or 11
synthesized. 12
“Kratom leaf” means the leaf of the kratom plant, also known as Mitragyna 13
speciosa, in any form, but without chemical alternation beyond traditional drying or 14
grinding. 15
“Kratom leaf extract” means the material obtained by extraction of kratom leaves 16
by any means, provided that the extraction process does not introduce synthetic or 17
chemically altered kratom alkaloids. 18
“Kratom product” means a product consisting of kratom leaf, kratom leaf extract, 19
or both; any part of a leaf of the plan t Mitragyna speciosa in fresh, dehydrated or dried 20
form or a kratom extract or any product that contains any kratom alkaloid or metabolite. 21
“Labeling” means written, printed, pictorial, or graphic matter upon any tobacco 22
product or any of its packaging. 23
“License” means a valid tobacco retailer’s license issued by the department to a 24
person to act as a tobacco retailer. 25
“Looseleaf tobacco” consists of cut or shredded pipe tobacco, usually sold in 26
pouches, excluding any tobacco product which, because of its appearance, type, 27
packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, 28
consumers as tobacco for making cigarettes, including roll-your-own cigarettes. 29
“Natural kratom leaf product” consisting of kratom leaf, kratom leaf extract, or 30
both, that has not been chemically altered or adulterated with synthetic or concentrated 31
kratom alkaloids or derivatives, including, but not limited to 7-hydroxymitragynine in 32
concentrations exceeding levels that occur naturally in kratom le af. 33
“Packaging” means a pack, box, carton, or container of any kind or, if no other 34
container, any wrapping (including cellophane) in which a tobacco product is sold, or 35
offered for sale, to a consumer. 36
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“Person” means any natural person partnership, cooperative association, private 1
corporation, personal representative, receiver, trustee, assignee or any other legal 2
entity. 3
“Pharmacy” means any retail establishment in which the profession of pharmacy 4
is practiced by a pharmacist licensed by the State of California in accordance with the 5
Business and Professions Code and where prescription pharmaceuticals are offered for 6
sale, regardless of whether the retail establishment sells other retail goods in addition to 7
prescription pharmaceuticals. 8
“Proprietor” means a person with an ownership or managerial interest in a 9
business. An ownership interest shall be deemed to exist when a person has a ten 10
percent or greater interest in the stock, assets, or income of a business other than the 11
sole interest of security for debt. A managerial interest shall be deemed to exist when a 12
person can or does have, or can or does share, ultimate control over the day -to-day 13
operations of a business. 14
“Tobacco product” means any substance containing tobacco leaf, including, but 15
not limited to, cigarettes, cigars, pipe tobacco, snuff chewing tobacco, dipping tobacco, 16
bidis, or any other preparation of tobacco. 17
“Self-service display” means the open display or storage of tobacco products in a 18
manner that is physically accessible to the general public without the assistance of the 19
retailer or employee of the retailer and a direct face -to-face transfer between the 20
purchaser and the retailer or employee of the retailer. A vending machine is a form of 21
self-service display. 22
“Shisha tobacco product” means a tobacco product smoked or intended to be 23
smoked in a hookah. Shisha tobacco product includes, and may be referred to as, 24
hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. Shisha tobacco 25
product does not include any electronic devices, such as an electronic hookah, 26
electronic cigarette, or electronic tobacco product. 27
“Synthesized” means an alkaloid or alkaloid derivative that has been created by 28
chemical synthesis or biosynthetic means (include but not limited to: fermentation, 29
recombinant techniques, yeast derived enzymatic techniques) rather than traditional 30
food preparation techniques such as heating or extracting. It also includes alkaloids that 31
have been further exposed to chemicals or processes that would confer a structural 32
change in the alkaloids contained within the extract. 33
“Synthetic kratom alkaloid” means any kratom alkaloid or derivative that has 34
been created, isolated, increased, or modified through chemical synthesis, biosynthesis, 35
fermentation, recombinant techniques, enzymatic processing, or other processe s that 36
materially alter the naturally occurring alkaloid profile. 37
“Synthetic kratom product” means any product containing a synthetic kratom 38
alkaloid, including synthesized or chemically altered 7-hydroxymitragynine (7-OH), 39
regardless of labeling or marketing. 40
241
“Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of 1
smoking materials of all types, cigarette rolling machines, and any other item designed 2
for the smoking or ingestion of or marketed for the consumption, use, or preparation of 3
tobacco products, as defined in California Health and Safety Code Section 4
104559.5(a)(17)(A)(iii). 5
“Tobacco product” means any substance containing tobacco leaf, including, but 6
not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, 7
bidis, or any other preparation of tobacco product as defined in California Health and 8
Safety Code Section 104559.5(a)(17), including, but not limited to, any product 9
containing, made, or derived from tobacco or nicotine intended for human consumption, 10
electronic devices that deliver nicotine or other vaporized liquids, and any component, 11
part, or accessory of a tobacco product. Tobacco product does not include any product 12
that has been approved by the United States Food and Drug Administration for sale as 13
a tobacco cessation product or for other therapeutic purposes where such product is 14
marketed and sold solely for such an approved purpose. 15
“Tobacco product flavor enhancer” means a product designed, manufactured, 16
produced, marketed, or sold to produce a characterizing flavor when added to a tobacco 17
product, as defined in California Health and Safety Code Section 104559.5(a)(18). 18
“Tobacco retailer” means any person who sells, offers for sale, or does or offers 19
to exchange for any form of consideration, tobacco, tobacco products, or tobacco 20
paraphernalia. “Tobacco retailing” shall mean the doing of any of these things. This 21
definition is without regard to the quantity of tobacco, tobacco products, or tobacco 22
paraphernalia sold, offered for sale, exchanged, or offered for exchange. 23
§ 8.34.020 Requirements. 24
A. It is unlawful for any person to act as a tobacco retailer without first 25
obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for 26
each location at which that activity is to occur. No license may issue to authorize 27
tobacco retailing at other than a fixed location. For example, tobacco retailing by 28
persons on foot and tobacco retailing from vehicles are prohibited. No license may be 29
issued to authorize sales of tobacco products at a temporary event, such as a festival or 30
farmers’ market. 31
B. The payment of the license fee designated in Section 8.34.060 confers 32
paid status upon a license for a term of one year. Each tobacco retailer shall apply for 33
the renewal of his or her tobacco retailer’s license no later than thirty (30) days prior to 34
expiration of the payment term. A license that is not renewed in a timely manner shall 35
expire at the end of its term, and the tobacco retailer must obtain a new license prior to 36
any further sale, offer for sale, or distribution of any tobacco product. 37
C. Nothing in this chapter shall be construed to grant any person obtaining 38
and maintaining a tobacco retailer’s license any status or right other than the right to act 39
as a tobacco retailer at the location in the city identified on the face of the permit. For 40
242
example, nothing in this chapter shall be construed to render inapplicable, supersede, 1
or apply in lieu of any other provision of applicable law, including, without limitation, any 2
condition or limitation on smoking in enclosed places of employment made applicable to 3
business establishments by California Labor Code Section 6404.5 or the prohibition on 4
the sale of flavored tobacco products and tobacco product flavor enhancers under 5
California Health and Safety Code Section 104559.5. All licenses are issued subject to 6
the city’s right to amend this chapter from time to time, and tobacco retailers shall 7
comply with all provisions of this chapter, as amended. 8
D. It is unlawful for any person to sell, offer for sale, or possess with the 9
intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor 10
enhancer, except as permitted under California Health and Safety Code Section 11
104559.5(c), (d), and (e) for flavored shisha tobacco products, premium cigars sold in 12
cigar lounges, and looseleaf tobacco. There shall be a rebuttable presumption that a 13
tobacco product is a flavored tobacco product if a manufacturer or any of the 14
manufacturer’s agents or employees, in the course of their agency or employment, has 15
made a statement or claim directed to consumers or to the public that the tobacco 16
product has or produces a characterizing flavor, including, but not limited to, text, color, 17
and/or images on the product’s labeling or packaging that are used to explicitly or 18
implicitly communicate that the tobacco product has a characterizing flavor. 19
E. A tobacco retailer’s permit issued to a hookah tobacco retailer shall only 20
authorize the sale of flavored shisha tobacco products if the retailer complies with all 21
conditions set forth in California Health and Safety Code Section 104559.5(c), including 22
maintaining a valid state cigarette and tobacco products retailer license issued by the 23
California Department of Tax and Fee Administration, prohibiting persons under 21 24
years of age from entering the premises at any time, and operating in accordance with 25
all state and local laws related to tobacco sales and consumption, including, but not 26
limited to, California Labor Code Section 6404.5. 27
F. No tobacco retailer shall violate, or cause or allow the tobacco retailer’s 28
agents or employees to violate, any provision of this chapter or any other local, state, or 29
federal law applicable to tobacco products or tobacco retailing. 30
G. Tobacco retailers are responsible for the actions of their employees and 31
agents relating to the sale, offer to sell, and furnishing of tobacco products at the retail 32
location. The sale of any tobacco product by an employee shall be considered an act of 33
the tobacco retailer, and the license holder shall be responsible for any monetary 34
penalties levied. 35
H. Nothing in this chapter shall be construed to penalize the purchase, use, 36
or possession of a tobacco product by any person not engaged in tobacco retailing. 37
I. No tobacco retailer shall do any of the following: (1) Honor or redeem, or 38
offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product 39
for less than full retail price; (2) Sell any tobacco product to a consumer through a 40
multiple package discount or otherwise provide any such product to a consumer for less 41
243
than the full retail price in consideration for the purchase of any tobacco product or any 1
other item; or (3) Provide any free or discounted item to a consumer in consideration for 2
the purchase of any tobacco product. 3
J. No person or tobacco retailer shall sell or offer to sell any electronic 4
smoking device that delivers natural or synthetic nicotine or any other substance(s) to 5
the person inhaling from the device. This includes any component, part, or accessory 6
intended or reasonably expected to be used with the electronic smoki ng device, 7
whether or not sold separately. 8
K. No pharmacy or pharmacy employee or agent shall sell or offer to sell any 9
tobacco product. The department shall not issue any new, or renew any existing, 10
license for any pharmacy. 11
L. No tobacco retailer or other person shall sell or offer for sale any tobacco 12
product to any consumer unless the tobacco product: (1) is sold in the original 13
manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable 14
federal labeling requirements; and (3) conforms to all applicable child-resistant 15
packaging requirements. 16
M. Tobacco retailing by means of a self -service display is prohibited. All sales 17
of tobacco products and tobacco paraphernalia shall be conducted in person, over the 18
counter, at the permitted location. 19
N. Tobacco retailers shall post conspicuously, at each point of purchase, a 20
notice stating that selling tobacco products to anyone under 21 years of age is illegal 21
and subject to penalties. The form and content of such notice shall be subject to the 22
approval of the department. 23
O. No tobacco retailer or other person shall sell or offer to sell a tobacco 24
product to another person without first verifying by means of government -issued 25
photographic identification that the recipient is at least 21 years of age. 26
P. No tobacco retailer shall allow, at its retail location, any individual who is 27
younger than 21 years of age to sell or offer to sell tobacco products. 28
Q. Kratom Regulations 29
1. No person or business shall sell, offer for sale, or distribute any synthetic 30
kratom product within the City. 31
2. This chapter shall not prohibit the sale or distribution of natural kratom leaf 32
products that do not contain synthetic or chemically altered kratom 33
alkaloids. 34
3. No person under twenty-one (21) years of age shall possess any kratom 35
or kratom product within the City. 36
4. This chapter shall not apply to possession of kratom or kratom products by 37
persons twenty-one (21) years of age or older, provided such products are 38
otherwise lawful under this chapter. 39
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5. There shall be a rebuttable presumption that a product is a synthetic 1
kratom product if a manufacturer or any of the manufacturer’s agents or 2
employees, in the course of their agency or employment, has made a 3
statement or claim directed to consumers or to the public that the product 4
has or produces effects similar to a synthetic kratom product, including, 5
but not limited to, text, color, and/or images on the product’s labeling or 6
packaging that are used to explicitly or implicitly communicate that the 7
product is a synthetic kratom product. 8
R. It is unlawful for any person to sell, offer for sale, or distribute any kratom product 9
to a person under twenty-one (21) years of age. 10
S. No person or tobacco retailer shall sell or offer for sale any natural kratom leaf 11
product unless it is: (1) is sold in the original manufacturer’s packaging intended 12
for sale to consumers; (2) conforms to all applicable federal labeling 13
requirements; and (3) conforms to all applicable child-resistant packaging 14
requirements. 15
T. Natural kratom leaf product retailing by means of a self-service display is 16
prohibited. All sales of natural kratom leaf products shall be conducted in person, 17
over the counter. 18
U. Retailers selling natural kratom leaf products shall post conspicuously, at each 19
point of purchase a notice stating that selling kratom products to anyone under 20
21 years of age is illegal and subject to penalties. The form and content of such 21
notice shall be subject to the approval of the department. 22
V. No retailer or other person shall sell or offer to sell a natural kratom leaf product 23
to another person without first verifying by means of government -issued 24
photographic identification that the recipient is at least twenty-one (21) years of 25
age. 26
27
§ 8.34.030 Application procedure. 28
Application for a tobacco retailer’s license shall be submitted in the name of each 29
proprietor proposing to conduct retail tobacco sales and shall be signed by each 30
proprietor or an authorized agent thereof. It is the responsibility of each proprietor to be 31
informed of the laws affecting the issuance of a tobacco retailer’s license, including, but 32
not limited to, California Health and Safety Code Section 104559.5 prohibiting the sale 33
of flavored tobacco products and tobacco product flavor enhancers and the kratom 34
regulations under this chapter. A license that is issued in error or on the basis of false or 35
misleading information supplied by a proprietor may be revoked pursuant to Section 36
8.34.090 of this chapter. No license holder may rely on the issuance of a license as a 37
determination by the City that the license holder has complied with all laws applicable to 38
tobacco retailing. All applications shall be submitted on a form supplied by the 39
department and shall contain the following information: 40
A. The name, address, and telephone number of each proprietor; 41
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B. The business name, address, and telephone number of the single fixed 1
location for which a tobacco retailer’s license is sought; 2
C. The name and mailing address authorized by each proprietor to receive all 3
license-related communications and notices (the “authorized address”). If an authorized 4
address is not supplied, each proprietor shall be understood to consent to the provision 5
of notice at the business address specified in subsection (B) of this section; 6
D. Whether or not any proprietor has previously been issued a license 7
pursuant to this chapter that is, or was at any time, suspended or revoked and, if so, the 8
dates of the suspension period or the date of revocation; 9
E. A statement signed by each proprietor affirming that th e business will 10
comply with all state and local laws related to the sale of tobacco products, including the 11
prohibition on flavored tobacco products and tobacco product flavor enhancers under 12
California Health and Safety Code Section 104559.5 and the kratom regulations under 13
this chapter; 14
F. For applications by hookah tobacco retailers intending to sell flavored 15
shisha tobacco products, a certification that the business meets all conditions set forth 16
in California Health and Safety Code Section 104559.5(c); 17
G. Proof that the location for which a license is sought has been issued a 18
valid state license for the sale of tobacco products, if the tobacco retailer sells products 19
that require such license; 20
H. A statement whether or not the tobacco retailer or any agent of the 21
tobacco retailer has been found to have violated this chapter or other applicable law 22
governing tobacco products or tobacco retailing and, if so, the dates and locations of all 23
such violations within the previous five (5) years; 24
I. An application for a new or renewal license will be denied if there are any 25
outstanding fines or late fees issued by the department, or during any period of 26
suspension; and 27
J. Such other information as the department deems necessary for the 28
administration or enforcement of this chapter. 29
§ 8.34.040 Issuance of license. 30
Upon the receipt of an application for a tobacco retailer’s license and the license 31
fee, the department shall issue a license unless substantial record evidence 32
demonstrates one of the following bases for denial: 33
A. The application is incomplete or inaccurate; or 34
B. The application seeks authorization for tobacco retailing by a proprietor for 35
which or whom a suspension is in effect pursuant to Section 8.34.080 of this chapter; or 36
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by a proprietor which or who has had a license revoked pursuant to Section 8.34.090 of 1
this chapter; or 2
C. The application seeks authorization for tobacco or kratom retailing that is 3
prohibited pursuant to Section 8.34.020 of this chapter (e.g., mobile vending), that is 4
unlawful pursuant to this Palm Desert code (e.g., the zoning code), or that is unlawful 5
pursuant to any other local, state or federal law, including, but not limited to, the 6
prohibition on the sale of flavored tobacco products and tobacco product flavor 7
enhancers under California Health and Safety Code Section 104559.5. 8
D. For applications by hookah tobacco retailers intending to sell flavored 9
shisha tobacco products, the application fails to demonstrate compliance with all 10
conditions set forth in California Health and Safety Code Section 104559.5(c). 11
E. The sale of tobacco products and accessories is prohibited in City-owned 12
structures and in any area of a structure leased by the City. 13
§ 8.34.050 Display of license. 14
Each license shall be prominently displayed in a publicly visible location at the 15
licensed premises. 16
§ 8.34.060 Fees for license. 17
The fee to issue or to renew a tobacco retailer’s license shall be established by 18
resolution of the city council of Palm Desert, California. The fee shall be calculated so 19
as to recover no more than the total cost of license administration and enforcement, 20
including, for example, but not limited to, issuing the license, administering the license 21
program, retailer education, retailer inspection and compliance checks, documentation 22
of violations, and prosecution of violators. Fees are nonrefundable except as may be 23
required by law. 24
§ 8.34.070 Licenses nontransferable. 25
A tobacco retailer’s license is nontransferable. If the information required in the 26
license application pursuant to Section 8.34.030, subsections (A) through (C), changes 27
a new tobacco retailer’s license is required before the business may continue to act as a 28
tobacco retailer. For example, if a proprietor to whom a license has been issued 29
changes business location, that proprietor must apply for a new license prior to acting 30
as a tobacco retailer at the new location. Or if the business is sold, the new owner must 31
apply for a license for that location before acting as a tobacco retailer. Any attempted 32
transfer shall render the license null and void. Notwithstanding any other provision of 33
this chapter, prior violations of this chapter at a location shall continue to be counted 34
against that location and license ineligibility and suspension periods shall continue to 35
apply to that location unless: (1) One hundred percent of the interest in the stock, 36
assets, or income of the business, other than a security interest for the repayment of 37
debt, has been transferred to the new owner(s); and (2) the City is provided with clear 38
and convincing evidence, including an affidavit, that the business has been acquire d in 39
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an Arm’s Length Transaction. An Arm’s Length Transaction, for the purposes of this 1
section, means a transaction in which two or more unrelated and unaffiliated parties 2
agree on the transfer in question; the parties act independently and in their own s elf-3
interest; and the parties have equal bargaining power and symmetric information, 4
leading the parties to agree upon fair-market terms. 5
§ 8.34.080 License violation. 6
A. Violation of Tobacco and Kratom-Related Laws. It is a violation of this 7
chapter for a person, licensee, or his or her agent or employee to violate any local, 8
state, or federal tobacco-related law, including, but not limited to, the prohibition on the 9
sale, offer for sale, or possession with intent to sell flavored tobacco products or 10
tobacco product flavor enhancers under California Health and Safety Code Section 11
104559.5 or the kratom regulations in this chapter 12
B. License Compliance Monitoring. Compliance with this chapter shall be 13
monitored by the code compliance division. The city council anticipates that compliance 14
checks of a sample of tobacco retailers selected or based on complaints will be 15
conducted as necessary during each twelve-month period. Compliance checks shall 16
take place during normal business hours, with or without notice. If a violation has 17
occurred, the tobacco retailer shall be inspected as needed to ensure compliance. All 18
permitted premises must be open to inspection by the department during regular 19
business hours and may include the use of audio or video recording equipment to 20
document illegal sales or attempted sales. The department shall coordinate with the 21
California Department of Public Health and the California Department of Tax and Fee 22
Administration to ensure compliance with state tobacco laws, including the flavored 23
tobacco sales restrictions under California Health and Safety Code Section 104559.5 . 24
§ 8.34.090 Suspension, expiration, or revocation of license. 25
A. Suspension or Revocation of License for Violation. In addition to any other 26
penalty authorized by law, a tobacco retailer’s license shall be suspended or revoked if 27
the department finds, after notice to the licensee and opportunity to be heard, that the 28
licensee or his or her agents or employees has or have violated the requirements of this 29
chapter or other conditions of the license imposed pursuant to Section 8.34.080. 30
1. Upon a finding by the department of a first license violation with in 31
any sixty-month period, the license shall be suspended for thirty (30) days. 32
2. Upon a finding by the department of a second license violation 33
within any sixty-month period, the license shall be suspended for ninety (90) days. 34
3. Upon a finding by the department of a third license violation within 35
any sixty-month period, the license shall be suspended for one (1) year. 36
4. Upon a finding by the department of a fourth license violation within 37
any sixty-month period, the license shall be revoked and the proprietor or proprietors 38
who had been issued the license shall never again be issued a tobacco retailer’s license 39
pursuant to this chapter. 40
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B. Expiration of License for Failure to Pay Renewal Fee. A tobacco retailer’s 1
license that is not timely renewed pursuant to Section 8.34.020(B) shall automatically 2
expire at the end of its term, and the tobacco retailer must obtain a new license prior to 3
any further sale, offer for sale, or distribution of an y tobacco product. 4
C. Revocation of License Issued in Error. A tobacco retailer’s license shall be 5
revoked if the department finds, after notice and opportunity to be h eard, that one or 6
more of the bases for denial of a license under Section 8.34.040 existed at the time 7
application was made or at any time before the license issued. The revocation shall be 8
without prejudice to the filing of a new application for a license . 9
D. Appeal of Suspension or Revocation. A decision of the department to 10
revoke or suspend a license is appealable to the city council and must be filed with the 11
city clerk within ten (10) days of mailing of the department’s decision. An appeal shall 12
stay all proceedings in furtherance of the appealed action. A suspension or revocation 13
pursuant to subsection (B) is not subject to appeal. 14
E. Coordination with State Penalties. In addition to the penalties described in 15
this section, violations of California Health and Safety Code Section 104559.5, including 16
the sale of flavored tobacco products or tobacco product flavor enhancers, may result in 17
civil penalties and license suspension or revocation by the California Department of Tax 18
and Fee Administration as prescribed in California Business and Professions Code 19
Sections 22974.2 and 22958. 20
§ 8.34.100 Administrative fine. 21
A. Grounds for Fine. If the department finds, based on substantial evidence, 22
that (1) any unlicensed person, including a person named on a revoked or suspended 23
license, has engaged in tobacco retailing in violation of Section 8.34.020 of this chapter; 24
or (2) that any person has violated the kratom regulations in Section 8.34.020 of this 25
chapter, the department shall fine that person as follows: 26
1. A fine not exceeding one hundred dollars ($100) for a first violation 27
in any twelve-month period; 28
2. A fine not exceeding two hundred dollars ($200) for a second 29
violation in any twelve-month period; or 30
3. A fine not exceeding five hundred dollars ($500) for a third or 31
subsequent violation in any twelve-month period. 32
Each day that such a person engages in tobacco retailing or unlawful sale of 33
kratom shall constitute a separate violation. A fine shall be imposed in the amounts set 34
forth in this subsection upon findings made by the department that the person, or any 35
agent or employee of the person, has violated any provision of this chapter. Any 36
administrative fine shall be imposed solely against the tobacco retailer and/or seller of 37
kratom, not the tobacco retailer’s or seller of kratom’s employees or agents. 38
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B. Notice of Violation. A notice of violation and of intent to impose a fine shall 1
be personally served on, or sent by certified mail to, the person or persons subject to 2
the fine. The notice shall contain a description of the facts upon which the asserted 3
violation is based and include an advisement of the right to request a hearing to contest 4
the fine. Any request for a hearing must be in writing and must be received by the 5
department within ten (10) calendar days of personal service of the notice on the person 6
or persons subject to a fine or within fifteen (15) calendar days if the person or persons 7
subject to a fine are served by mail. 8
C. Imposition of Fine. If no request for a hearing is timely received, the 9
department’s determination on the violation and the imposition of a fine shall be final 10
and payment shall be made within thirty (30) calendar days of written demand made in 11
the manner specified above for a notice of violation. If the fine is not paid within that 12
time, the fine may be collected, along with interest at the legal rate, in any manner 13
provided by law. In the event that a judicial action is necessary to compel payment of 14
the fine and accumulated interest, the person or persons subject to the fine shall also be 15
liable for the costs of the suit and attorney’s fees incurred by the city in collecting the 16
fine. 17
D. Notice of Hearing. If a hearing is requested pursuant to subsection (B) of 18
this section, the department shall provide written notice, with in forty-five (45) calendar 19
days of its receipt of the hearing request, to the person or persons subject to a fine of 20
the date, time, and place of the hearing in the manner specified above for a notice of 21
violation. 22
E. Hearing Decision. The hearing officer shall render a written decision and 23
findings within twenty (20) working days of the hearing. Copies of the decision and 24
findings shall be provided to the person or persons subject to a fine in the manner 25
specified above for a notice of violation. 26
F. Finality of the Hearing Officer’s Decision. The decision of the hearing 27
officer shall be the final decision of the city. 28
G. Appeal to Superior Court of Limited Jurisdiction. Notwithstanding the 29
provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, withi n twenty 30
(20) days after personal service of the hearing officer’s decision and findings, or within 31
twenty-five (25) days if served by mail, any person subject to a fine may seek review of 32
the hearing officer’s decision and findings by the superior court of limited jurisdiction. A 33
copy of the notice of appeal to the superior court shall be timely served in person or by 34
first-class mail upon the department by the contestant. The appeal shall be heard de 35
novo, except that the contents of the department’s file in the case shall be received in 36
evidence. A copy of the records of the department of the notices of the violation and of 37
the hearing officer’s decision and findings shall be admitted into evidence as prima facie 38
evidence of the facts stated therein. 39
H. Failure to Pay Fine. If no timely notice of appeal to the superior court is 40
filed, or the department is not timely served with a copy of a notice of appeal, the 41
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hearing officer’s decision and findings shall be deemed confirmed and the fine shall be 1
collected pursuant to subsection (C) of this section. 2
I. A tobacco retailer without a current valid license shall: (1) Keep all tobacco 3
and/or natural kratom leaf products out of public view. The public display of tobacco 4
products in violation of this provision shall constitute tobacco retailing without a license; 5
and (2) Not display any advertisement relating to tobacco products that offers the sale 6
of such products from the tobacco retailer’s location. 7
J. State Penalties. Administrative fines imposed under this section are in 8
addition to any civil penalties or license suspension or revocation imposed by the 9
California Department of Public Health, the California Department of Tax and Fee 10
Administration, or other enforcing agencies under California Health and Safety Code 11
Section 104559.5 or Business and Professions Code Sections 22974.2 and 22958 for 12
violations of state tobacco laws, including the sale of flavored tobacco products or 13
tobacco product flavor enhancers. 14
K. Infraction. The city may issue an infraction citation to any property owner, 15
manager, agent, employee or operator, pursuant to the provisions set forth in 16
Chapter 1.08, Citations for Code Violations, including, but not limited to, the imposition 17
of any and all criminal penalties set forth therein if there is any violation of this chapter 18
committed, caused or maintained by any of the above parties. Unless otherwise 19
provided herein, any person convicted of an infraction shall, for each separate violation 20
of this chapter be subject to: 21
(1) a fine in an amount not to exceed one hundred dollars ($100) for a first 22
conviction of an offense; 23
(2) a fine in an amount not to exceed two hundred dollars ($200) for a second 24
conviction of the same offense within a twelve-month period of the date of the 25
first offense; and 26
(3) a fine in an amount not to exceed five hundred dollars ($500) for the third 27
conviction of the same offense within a twelve-month period of the date of the 28
first offense. 29
30
§ 8.34.110 Enforcement. 31
The remedies provided by this chapter are cumulative and in addition to any 32
other remedies available at law or in equity. 33
A. Causing, permitting, aiding, abetting or concealing a violation of any 34
provision of this chapter shall constitute a violation. 35
B. In addition to the administrative enforcement procedures provided by 36
Section 8.34.090 of this chapter, violations of this chapter may, in the discretion of the 37
251
prosecutor, be prosecuted as infractions or as otherwise provided by state law, 1
including California Health and Safety Code Section 104559.5 and Business and 2
Professions Code Sections 22974.2 and 22958. 3
C. Violations of this chapter are declared to be public nuisances , subject to 4
all applicable civil, administrative, and criminal remedies and penalties according to the 5
provisions and procedures contained in this Municipal Code and state law, including, 6
but not limited to, an action for abatement or injunctive relief . 7
D. Violations of this chapter are hereby declared to be unfair business 8
practices and are presumed to at least nominally damage each and every resident of 9
the community in which the business operates. 10
E. In addition to other remedies provided by this chapter or by other law, any 11
violation of this chapter may be remedied by a civil action brought by the city attorney, 12
including, for example, administrative or judicial nuisance abatement proceedings, civil 13
or criminal code enforcement proceedings and suits for injunctive relief. 14
F. Any person acting for the interests of itself, its members or the general 15
public may bring an action for injunctive relief to prevent future such violations or to 16
recover such actual damages as he or she may prove. 17
G. The department shall coordinate with the California Department of Public 18
Health, the California Department of Tax and Fee Administration, and other state or 19
local enforcing agencies to report suspected violations of state tobacco laws, including 20
the sale of flavored tobacco products or tobacco product flavor enhancers, and to 21
facilitate the seizure of illegal products as authorized by California Business and 22
Professions Code Section 22974.2. 23
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Chapter 8.36 Regulation and Prohibition of Smoking
§ 8.36.010 Purpose of chapter.
Smoking of tobacco, or any other weed or plant, is a positive danger to health and
a cause of material annoyance, inconvenience, discomfort and health hazard to those
who are present in confined places. In addition, the California Air Resources Board has
placed secondhand smoke in the same category as the most toxic automotive and
industrial air pollutants by categorizing it as a toxic air contaminant for which there is no
safe level of exposure. Therefore, it is the city’s intent to provide for the public health,
safety and welfare, by prohibiting the smoking of tobacco, or any other weed or plant, in
public places and places of employment, except in designated smoking area s as set forth
herein. Smoking tobacco or any other weed, plant, or substance, including through
electronic smoking devices, poses a danger to public health and causes material
annoyance, inconvenience, discomfort, and health hazards to those present in co nfined
places. The California Air Resources Board has categorized secondhand smoke as a
toxic air contaminant with no safe level of exposure, placing it in the same category as
the most toxic automotive and industrial air pollutants. Therefore, it is the C ity’s intent to
protect public health, safety, and welfare by prohibiting the smoking of tobacco or any
other weed, plant, or substance in public places and places of employment, except in
designated smoking areas as set forth herein.
§ 8.36.020 Definitions.
The following words and phrases, whenever used in this chapter, shall have the
meanings defined in this section unless the context clearly requires otherwise:
“Business” means any sole proprietorship, partnership, joint venture, corporation ,
association, or other entity formed for profit-making purposes.
“City” means the City of Palm Desert and its related entities, including the Palm
Desert Housing Authority.
“Common area” means every unenclosed area of a multiunit residence that
residents of more than one (1) unit of that multiunit residence are entitled to enter or use,
including, for example, paths, courtyards, playgrounds, swimming pools, parking lots, and
picnic areas.
“Dining area” means any area, including streets and sidewalks, which is available
to or customarily used by the general public or an employee, and which is designed,
established, or regularly used for consuming food or drink.
“Electronic smoking device” means any device that may be used to deliver any
aerosolized or vaporized substance to the person inhaling from the device, including, but
not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking
device includes any component, part, or accessory of the device, and also includes any
substance that may be aerosolized or vaporized by such device, whether or not the
substance contains nicotine, and whether natural or synthetic. Electronic smoking device
253
does not include any product that has been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product or for other therapeutic purposes
where such product is marketed and sold solely for such an approved purpose.
“Employee” means any person who is employed or retained as an independent
contractor by any employer or nonprofit entity in consideration for direct or indirect
monetary wages or profit, or any person who volunteers his or her services for an
employer or nonprofit entity.
“Employer” means any person, business, entity or nonprofit entity that retains the
service of one (1) or more employees.
“Enclosed area” means an area in which outside air cannot circulate freely to all
parts of the area, and includes an area that has:
1. Any type of overhead cover whether or not that cover includes vents
or other openings and at least three (3) walls or other vertical boundaries of any height
whether or not those boundaries include vents or other openings; or
2. Four walls or other vertical boundaries that exceed six (6) feet in
height whether or not those boundaries include vents or other openings.
“Multiunit residence” means a residential property containing two (2) or more units.
“Nonprofit entity” means any entity that meets the requirements of California
Corporations Code Section 5003 as well as any corporation, unincorporated ass ociation
or other entity created for charitable, religious, philanthropic, education, political, social or
similar purposes, the net proceeds of which are committed to the promotion of the
objectives or purposes of the entity and not to private gain. A government agency is a
nonprofit entity within the meaning of this chapter.
“Person” means any natural person, business, cooperative association, nonprofit
entity, personal representative, receiver, trustee, assignee, or any other legal entity
including government agencies.
"Place of employment" means any enclosed areas under the control of a public or
private employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges, conference room s, and
employee cafeterias. A private residence is not a place of employment, except for
childcare facilities in private homes.
“Pharmacy” means any retail establishment in which the profession of pharmacy
is practiced by a pharmacist licensed by the State of California in accordance with the
Business and Professions Code and where prescription pharmaceuticals are offered for
sale, regardless of whether the retail establishment sells other retail goods in addition to
prescription pharmaceuticals.
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“Primary entrance” means the entrance to a building or business through which
the majority of patrons enter. A building or business has only one primary entrance.
Where the door into the establishment is at the end of a corridor formed by two or more
vertical walls or barriers, with or without overhead cover, the primary entrance shall be
deemed to be at the end of the corridor open to the exterior.
“Public place” means:
1. Any area to which the public is invited or in which the public is
permitted, including, but not limited to, shopping malls, retail stores, retail service
establishments, retail food production and marketing establishments, r estaurants,
theaters, waiting rooms, reception areas, educational facilities, health facilities, public
transportation facilities, and their associated parking areas. A private residence or the
fairway or putting green of a golf course within a private country club is not a public place;
2. Areas measured a distance of forty (40) feet from the entrances and
exits to City-owned public places;
3. Areas measured a distance of twenty (20) feet from the primary
entrances to publicly or privately-owned commercial, industrial, institutional, or office
professional buildings;
4. Unenclosed areas owned by the City, including, but not limited to,
City-owned property, parks, playgrounds, restrooms, baseball and soccer fields, except
the golf course area of Desert Willow, or where specific signs are posted permitting such
smoking;
5. Unenclosed public events, including, but not limited to, sports events,
entertainment, speaking performances, ceremonies, and fairs;
6. Hotels, except in designated areas.
“Reasonable distance” means a distance of twenty (20) feet or, with respect to a
designated smoking area or such larger area as the city manager reasonably determines
in writing to be necessary in a given circumstance to ensure that occupants of an area in
which smoking is prohibited are not exposed to secondhand smoke created by smokers
outside the area.
“Secondary entrance” means any entrance to a building or business that is not the
primary entrance. One building or business may have multiple secondary entrances.
“Secondhand smoke” means smoke from tobacco or any other weed, plant, or
substance created by burning or carrying any lighted pipe, hookah, cigar, cigarette, or
electronic smoking device of any kind, and the smoke exhaled by an individual who
engages in smoking.
“Shopping mall” means any parcel of land zoned and used for retail sales by more
than one retailer that is jointly operated or which includes shared parking facilities.
255
“Smoke,” or “smoking” means and includes any of the following: (1) the direct
burning or indirect heating of any cigar, cigarette, pipe, electronic smoking device, or any
similar kind of smoking equipment or article, using any form of tobacco, plant product, or
other combustible substance in any form, or (2) the holding or carrying of a lighted or
operated cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking
equipment or device, or (3) emitting or exhaling the smoke directly from a cigar, cigarette,
pipe, electronic smoking device, or any other lighted smoking equipment or device.
Smoke also means the gaseous or vaporous products or particles created by the use of
a lighted or operated pipe, cigar, cigarette, electronic smoking device, or other kind of
smoking equipment or article.
“Tobacco product” means any substance containing tobacco leaf, including, but
not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco,
bidis, or any other preparation of tobacco product as defined in California Health and
Safety Code Section 104559.5(a)(17), including, but not limited to, any product
containing, made, or derived from tobacco or nicotine intended for human consumption,
electronic devices that deliver nicotine or other vaporized liquids, and any component,
part, or accessory of a tobacco product. Tobacco prod uct does not include any product
that has been approved by the United States Food and Drug Administration for sale as a
tobacco cessation product or for other therapeutic purposes where such product is
marketed and sold solely for such an approved purpose.
“Unenclosed area” means any area that is not an enclosed area.
§ 8.36.030 Prohibition of smoking in unenclosed areas.
A. Smoking is prohibited in the unenclosed areas of the following places within
the City, except places where smoking is already prohibited by state or federal law, in
which case, those laws apply:
1. Public places;
2. Places of employment;
3. Businesses, including, but not limited to, restaurants and bars, and
other public accommodations. In addition, smoking is prohibited within a reasonable
distance of the primary entrance to a dining area. Where a business has more than one
entrance, an outdoor smoking area may be designated within a reasonable distance of
one of the secondary entrances. In such case, smoking is prohibited within a reasonable
distance of the primary entrance and any other secondary entrances.
4. Common areas of multifamily residential properties owned by the
City, except where permitted under Section 8.36.070.
B. No person shall dispose of smoking waste or place or maintain a receptacle
for smoking waste in an area in which smoking is prohibited by this chapter or other law,
including within any reasonable distance required by this chapter.
256
§ 8.36.040 Designation of smoking areas.
A. Places Where Smoking Permitted. Notwithstanding Section 8.36.030 of this
chapter, smoking is permitted in the following locations within the City, unless otherwise
provided by state or federal law:
1. Private residential property, other than: (a) those private residential
properties used as a child-care or health-care facility subject to licensing requirements
when employees, children or patients are present; or (b) home-based business where
members of the public are invited. Nothing in this chapter shall require a person or entity
who or which owns or controls a private residential property, including, but not limited to,
a condominium association or an apartment owner, to permit smoking and such a person
may prohibit smoking throughout the property he, she or it owns or controls.
2. Designated areas in shopping mall unenclosed areas, provided that:
(a) there is not more than one (1) square foot of area designated for smoking for every
twenty thousand (20,000) square feet of rentable space of the shopping mall (provided
that each shopping mall may have at least one designated smoking area of forty (40) or
fewer square feet in area); (b) the area is prominently marked with signs; (c) it is located
the greatest distance practicable, and at least a reasonable distance, from any doorway
or opening into an area or any accessway from parking facilities to the retail areas of the
shopping mall; (d) smoke is not permitted to enter adjacent areas in which smoking is
prohibited by this chapter, other law or by the owner, lessee or licensee of the adjacent
property; and (e) the location(s) of the designated smoking area(s) is or are approved in
writing by the city manager of the City or designee based on the standards of this
subsection and the goals of this chapter.
3. Any unenclosed area in which no nonsmoker is present and, due to
the time of day or other factors, it is not reasonable to expect another person to arrive.
B. Where smoking areas are designated, existing physical barriers and
ventilation systems shall be used to eliminate the toxic effect of smoke in adjacent
nonsmoking areas, but employers are not required to incur any expense to make
structural or physical modifications in providing these areas. There shall be no designated
smoking areas in areas that have a common or shared air space with other areas in whic h
smoking is prohibited such as, without limitation, air conditioning systems, heating
systems, ventilation systems, entries, doorways, hallways, and stairways or within a
reasonable distance of commercial building entries. In all disputes in the work plac e, the
rights of the nonsmoker shall be given priority over the rights of the smoker.
C. No person shall smoke in an area in which smoking is otherwise permitted
by this chapter or other law within a reasonable distance from any primary entrance,
opening, crack, or vent into an area in which smoking is prohibited by this chapter, other
law or by the owner, lessee or licensee of that area.
257
§ 8.36.050 Optional prohibition.
All managers and owners of any establishment exempted from the provisions of
Section 8.36.070 serving or doing business with the public may, at their discretion, post
“No Smoking” signs within various areas of their businesses and utilize the full right of the
provision of this chapter. No public place other than those enumerated in Section
8.36.070 shall be designated as a smoking area in its entirety.
§ 8.36.060 Posting of signs.
Signs which designate smoking or no smoking areas established by this chapter
shall be clearly, sufficiently, and conspicuously posted in every room, building or other
place so covered by this chapter. “No Smoking” signs shall be specifically placed in retail
food productions and marketing establishments, including grocery stores and
supermarkets open to the public, so they are clearly visible to persons upon enterin g the
store, clearly visible to persons in checkout lines and clearly visible to persons at meat
and produce counters. The manner of such posting, including the wording, size, color,
design and place of posting, whether on the walls, doors, tables, counter s, stands or
elsewhere, shall be at the discretion of the owner, operator, manager or other person
having control of such room, building or other place, so long as clarity, sufficiency and
conspicuousness are apparent in communicating the intent of this chapter.
§ 8.36.070 Exceptions.
Exceptions to the smoking prohibitions of this chapter are as follows:
A. Private offices, including those in the work place, designated areas of hotels
and motels, areas and rooms while in use for private social functions, private hospital
rooms, psychiatric facilities, jails, and stores that deal exclusively in tobacco products and
accessories, provided such stores comply with all state and local laws, including
California Labor Code Section 6404.5 and California Health and Safety Code Section
104559.5. No pharmacy shall be considered a store that deals exclusively in tobacco
products and accessories.
B. Fairways or putting greens of golf courses within private country clubs,
provided smoking complies with all applicable state and local laws. Notwithstanding the
foregoing, nothing in this chapter shall require a person or entity that owns or controls a
private country club to permit smoking and such a person or entity may prohibit smoking
throughout the property he, she or it owns or controls.
C. Areas measured within a twenty-foot zone outside of a building’s primary
entrance, as long as the smoker is actively passing through on the way to another
destination and so long as the smoke does not enter any indoor area in which smoking is
prohibited.
D. Any owners or other person having control of a business or other
establishment subject to this chapter may apply to the city for an exemption or
258
modification of the provisions of this chapter due to unique or unusual circumstances or
conditions.
E. Up to twenty-five percent of the contiguous deck area around swimming
pools in multifamily residential properties owned by the City. Such designated smoking
areas must be clearly signed.
§ 8.36.080 Nonretaliation.
No person or employer shall discharge, refuse to hire or in any manner retaliate
against an employee or applicant for employment beca use such employee or applicant
exercises any rights afforded by this chapter.
§ 8.36.090 Enforcement.
A. The owner, operator or manager of any facility, business or agency within
the purview of this chapter shall comply herewith. Such owner, operator or manager shall
post, or cause to be posted, all “No Smoking” signs required by this chapter. Such owner,
operator or manager shall not allow service to any person who violates this chapter by
smoking in a posted “No Smoking” area.
B. It shall be the responsibility of employers to disseminate information
concerning the provisions of this chapter to employees.
C. The city’s code enforcement officers, police, and fire personnel are
authorized to issue citations for violation of the provisions of this chapter. Any peace
officer may enforce the provisions of this Chapter. The City’s code compliance
department may designate additional persons to monitor and facilitate compliance with
this Chapter.
D. The City’s code compliance department shall coordinate with the California
Department of Public Health and the California Department of Tax and Fee Administration
to ensure compliance with state laws regarding smoking and tobacco use, including
California Labor Code Section 6404.5. The department may use audio or video recording
equipment when conducting inspections to record and document illegal smoking
activities.
§ 8.36.100 Violation—Penalty.
A. Any person who violates any provision of this chapter by: (1) smoking in a
posted “No Smoking” area; (2) failing to post or cause to be posted a “No Smoking” sign
required by this chapter; (3) owning, managing or operating a business or building in
which the prohibitions of this chapter are violated; or (4) violating any other provision of
this chapter, is deemed guilty of an infraction in accordance with Chapter 1.12 of this
code. Violations of this chapter may be criminally prosecuted as infractions or
misdemeanors at the discretion of the prosecuting attorney as the interests of justice
require.
259
B. Any violation of this chapter is hereby declared to be a nuisance, subject to
all applicable civil, administrative, and criminal remedies and penalties according to the
provisions and procedures contained in this Municipal Code and state law, including, but
not limited to, an action for abatement or injunctive relief.
C. Each incident of smoking in violation of this chapter is an infraction subject
to:
1) a fine in an amount not to exceed fifty dollars ($50) for a first conviction of an
offense;
(2) a fine in an amount not to exceed one hundred dollars ($100) for a second
conviction of the same offense within a twelve-month period of the date of the first
offense; and
(3) a fine in an amount not to exceed two hundred and fifty dollars ($250) for the
third conviction of the same offense within a twelve-month period of the date of the
first offense.
260
1
Chapter 8.36 Regulation and Prohibition of Smoking 2
§ 8.36.010 Purpose of chapter. 3
Smoking of tobacco, or any other weed or plant, is a positive danger to health 4
and a cause of material annoyance, inconvenience, discomfort and health hazard to 5
those who are present in confined places. In addition, the California Air Resources 6
Board has placed secondhand smoke in the same category as the most toxic 7
automotive and industrial air pollutants by categorizing it as a toxic air contaminant for 8
which there is no safe level of exposure. Therefore, it is the city’s intent to provide for 9
the public health, safety and welfare, by prohibiting the smoking of tobacco, or any other 10
weed or plant, in public places and places of employment, except in designated 11
smoking areas as set forth herein. The smoking of tobacco, or any other weed, plant, or 12
substance, including through electronic smoking devices, is a danger to public health 13
and a cause of material annoyance, inconvenience, discomfort, and health hazard to 14
those who are present in confined places. The California Air Resources Board has 15
categorized secondhand smoke as a toxic air contaminant with no safe level of 16
exposure, placing it in the same category as the most toxic automotive and industrial air 17
pollutants. Therefore, it is the City’s intent to provide for the public health, safety, and 18
welfare by prohibiting the smoking of tobacco, or any other weed, plant, or substance, in 19
public places and places of employment, except in designated smoking areas as set 20
forth herein. 21
§ 8.36.020 Definitions. 22
The following words and phrases, whenever used in this chapter shall have the 23
meanings defined in this section unless the context clearly requires otherwise: 24
“Business” means any sole proprietorship, partnership, joint venture, corporation 25
association, or other entity formed for profit-making purposes. 26
“City” means the City of Palm Desert and its related entities, including the Palm 27
Desert Redevelopment Agency and the Palm Desert Housing Authority. 28
“Common area” means every unenclosed area of a multiunit residence that 29
residents of more than one (1) unit of that multiunit residence are entitled to enter or 30
use, including, for example, paths, courtyards, playgrounds, swimming pools, parking 31
lots, and picnic areas. 32
“Dining area” means any area, including streets and sidewalks, which is available 33
to or customarily used by the general public or an employee, and which is designed, 34
established, or regularly used for consuming food or drink. 35
“Electronic smoking device” means any device that may be used to deliver any 36
aerosolized or vaporized substance to the person inhaling from the device, including, 37
but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic 38
261
smoking device includes any component, part, or accessory of the device, and also 1
includes any substance that may be aerosolized or vaporized by such device, whether 2
or not the substance contains nicotine, and whether natural or synthetic. Electronic 3
smoking device does not include any product that has been approved by the United 4
States Food and Drug Administration for sale as a tobacco cessation product or for 5
other therapeutic purposes where such product is marketed and sold solely for such an 6
approved purpose. 7
“Employee” means any person who is employed or retained as an independent 8
contractor by any employer or nonprofit entity in consideration for direct or indirect 9
monetary wages or profit, or any person who volunteers his or her services for an 10
employer or nonprofit entity. 11
“Employer” means any person, business, entity or nonprofit entity that retains the 12
service of one (1) or more employees. 13
“Enclosed area” means an area in which outside air cannot circulate freely to all 14
parts of the area, and includes an area that has: 15
1. Any type of overhead cover whether or not that cover includes 16
vents or other openings and at least three (3) walls or other vertical boundaries of any 17
height whether or not those boundaries include vents or other openings; or 18
2. Four walls or other vertical boundaries that exceed six (6) feet in 19
height whether or not those boundaries include vents or other openings. 20
“Multiunit residence” means a residential property containing two (2) or more 21
units. 22
“Nonprofit entity” means any entity that meets the requirements of California 23
Corporations Code Section 5003 as well as any corporation, unincorporated association 24
or other entity created for charitable, religious, philanthrop ic, education, political, social 25
or similar purposes, the net proceeds of which are committed to the promotion of the 26
objectives or purposes of the entity and not to private gain. A government agency is a 27
nonprofit entity within the meaning of this chapter. 28
“Person” means any natural person, business, cooperative association, nonprofit 29
entity, personal representative, receiver, trustee, assignee, or any other legal entity 30
including government agencies. 31
"Place of employment" means any enclosed areas under th e control of a public or 32
private employer which employees normally frequent during the course of employment, 33
including, but not limited to, work areas, employee lounges, conference rooms and 34
employee cafeterias. A private residence is not a place of employ ment, except for child 35
care facilities in private homes. 36
37
262
“Pharmacy” means any retail establishment in which the profession of pharmacy 1
is practiced by a pharmacist licensed by the State of California in accordance with the 2
Business and Professions Code and where prescription pharmaceuticals are offered for 3
sale, regardless of whether the retail establishment sells other retail goods in addition to 4
prescription pharmaceuticals. 5
6
“Primary entrance” means the entrance to a building or business through which 7
the majority of patrons enter. A building or business has only one primary entrance. 8
Where the door into the establishment is at the end of a corridor formed by two or more 9
vertical walls or barriers, with or without overhead cover, the primary entrance shall be 10
deemed to be at the end of the corridor open to the exterior. 11
“Public place” means: 12
1. Any area to which the public is invited or in which the public is 13
permitted, including, but not limited to, shopping malls, retail stores, retail service 14
establishments, retail food production and marketing establishments, restaurants, 15
theaters, waiting rooms, reception areas, educational facilities, health f acilities, and 16
public transportation facilities and their associated parking areas. A private residence or 17
the fairway or putting green of a golf course within a private country club is not a public 18
place; 19
2. Areas measured a distance of forty (40) feet from the entrances 20
and exits to City-owned public places; 21
3. Areas measured a distance of twenty (20) feet from the primary 22
entrances to publicly or privately-owned commercial, industrial, institutional, or office 23
professional buildings; 24
4. Unenclosed areas owned by the City including, but not limited to, 25
City-owned property, parks, playgrounds, restrooms, baseball and soccer fields, except 26
the golf course area of Desert Willow or where specific signs are posted permitting such 27
smoking; 28
5. Unenclosed public events including, but not limited to, sports 29
events, entertainment, speaking performances, ceremonies and fairs; 30
6. Hotels, except in designated areas. 31
“Reasonable distance” means a distance of twenty (20) feet or, with respect to a 32
designated smoking area or such larger area as the city manager reasonably 33
determines in writing to be necessary in a given circumstance to ensure that occupants 34
of an area in which smoking is prohibited are not exposed to secondhand smoke 35
created by smokers outside the area. 36
263
“Secondary entrance” means any entrance to a building or business that is not 1
the primary entrance. One building or business may have multiple secondary entrances. 2
“Secondhand smoke” means smoke from tobacco or any other weed, plant, or 3
substance created by burning or carrying any lighted pipe, hookah, cigar, cigarette, or 4
electronic smoking device of any kind, and the smoke exhaled by an individual who 5
engages in smoking. 6
“Shopping mall” means any parcel of land zoned and used for retail s ales by 7
more than one retailer that is jointly operated or which includes shared parking facilities. 8
“Smoke,” or “smoking” means and includes any of the following: (1) the direct 9
burning or indirect heating of any cigar, cigarette, pipe, electronic smoking device, or 10
any similar kind of smoking equipment or article, using any form of tobacco, plant 11
product, or other combustible substance in any form, or (2) the holding or carrying of a 12
lighted or operated cigar, cigarette, pipe, electronic smoking device, or any other lighted 13
smoking equipment or device, or (3) emitting or exhaling the smoke directly from a 14
cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking 15
equipment or device. Smoke also means the gaseous or vaporous products or particles 16
created by the use of a lighted or operated pipe, cigar, cigarette, electronic smoking 17
device, or other kind of smoking equipment or article. 18
“Tobacco product” means any substance containing tobacco leaf, including, but 19
not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, 20
bidis, or any other preparation of tobacco product as defined in California Health and 21
Safety Code Section 104559.5(a)(17), including, but not limited to, any product 22
containing, made, or derived from tobacco or nicotine intended for human consumption, 23
electronic devices that deliver nicotine or other vaporized liquids, and any component, 24
part, or accessory of a tobacco product. Tobacco product does not include any product 25
that has been approved by the United States Food and Drug Administration for sale as 26
a tobacco cessation product or for other therapeutic purposes where such product is 27
marketed and sold solely for such an approved purpose. 28
“Unenclosed area” means any area that is not an enclosed area. 29
§ 8.36.030 Prohibition of smoking in unenclosed areas. 30
A. Smoking is prohibited in the unenclosed areas of the following places 31
within the City, except places where smoking is already prohibited by state or federal 32
law, in which case, those laws apply: 33
1. Public places; 34
2. Places of employment; 35
3. Businesses, including, but not limited to, restaurants and bars, and 36
other public accommodations. In addition, smoking is prohibited within a reasonable 37
distance of the primary entrance to a dining area. Where a business has more than one 38
entrance, an outdoor smoking area may be designated within a reasonable distance of 39
264
one of the secondary entrances. In such case, smoking is prohibited within a 1
reasonable distance of the primary entrance and any other secondary entrances. 2
4. Common areas of multifamily residential properties owned by the 3
City, except where permitted under Section 8.36.070. 4
B. No person shall dispose of smoking waste or place or maintain a 5
receptacle for smoking waste in an area in which smoking is prohibited by this chapter 6
or other law, including within any reasonable distance required by this chapter. 7
§ 8.36.040 Designation of smoking areas. 8
A. Places Where Smoking Permitted. Notwithstanding Section 8.36.030 of 9
this chapter, smoking is permitted in the following locations within the City, unless 10
otherwise provided by state or federal law: 11
1. Private residential property, other than: (a) those private residential 12
properties used as a child-care or health-care facility subject to licensing requirements 13
when employees, children or patients are present; or (b) home based business where 14
members of the public are invited. Nothing in this chapter shall require a person or entity 15
who or which owns or controls a private residential property, including, but not limited to, 16
a condominium association or an apartment owner, to permit smoking and such a 17
person may prohibit smoking throughout the property he, she or it owns or controls. 18
2. Designated areas in shopping mall unenclosed areas, provided 19
that: (a) there is not more than one (1) square foot of area designated for smoking for 20
every twenty thousand (20,000) square feet of rentable space of the shopping mall 21
(provided that each shopping mall may have at least one designated smoking area of 22
forty (40) or fewer square feet in area); (b) the area is prominently marked with signs; 23
(c) it is located the greatest distance practicable, and at least a reasonable distance, 24
from any doorway or opening into an area or any accessway from parking facilities to 25
the retail areas of the shopping mall; (d) smoke is not permitted to enter adjacent areas 26
in which smoking is prohibited by this chapter, other law or by the owner, lessee or 27
licensee of the adjacent property; and (e) the location(s) of the designated smoking 28
area(s) is or are approved in writing by the city manager of the City or designee based 29
on the standards of this subsection and the goals of this chapter. 30
3. Any unenclosed area in which no nonsmoker is present and, due to 31
the time of day or other factors, it is not reasonable to expect another person to arrive. 32
B. Where smoking areas are designated, existing physical barriers and 33
ventilation systems shall be used to eliminate the toxic effect of smoke in adjacent 34
nonsmoking areas, but employers are not required to incur any expense to make 35
structural or physical modifications in providing these areas. There shall be no 36
designated smoking areas in areas that have a common or shared air space with other 37
areas in which smoking is prohibited such as, without limitation, air conditioning 38
systems, heating systems, ventilation systems, entries, doorways, hallways, and 39
stairways or within a reasonable distance of commercial building entries. In all disputes 40
265
in the work place, the rights of the nonsmoker shall be given priority over the rights of 1
the smoker. 2
C. No person shall smoke in an area in which smoking is otherwise permitted 3
by this chapter or other law within a reasonable distance from any primary entrance, 4
opening, crack, or vent into an area in which smoking is prohibited by this chapter, other 5
law or by the owner, lessee or licensee of that area. 6
§ 8.36.050 Optional prohibition. 7
All managers and owners of any establishment exempted from the provisions of 8
Section 8.36.070 serving or doing business with the public may, at their discretion, post 9
“No Smoking” signs within various areas of their businesses and utilize the fu ll right of 10
the provision of this chapter. No public place other than those enumerated in Section 11
8.36.070 shall be designated as a smoking area in its entirety. 12
§ 8.36.060 Posting of signs. 13
Signs which designate smoking or no smoking areas established by this chapter 14
shall be clearly, sufficiently, and conspicuously posted in every room, building or other 15
place so covered by this chapter. “No Smoking” signs shall be specifically placed in 16
retail food productions and marketing establishments, including groc ery stores and 17
supermarkets open to the public, so they are clearly visible to persons upon entering the 18
store, clearly visible to persons in checkout lines and clearly visible to persons at meat 19
and produce counters. The manner of such posting, including the wording, size, color, 20
design and place of posting, whether on the walls, doors, tables, counters, stands or 21
elsewhere, shall be at the discretion of the owner, operator, manager or other person 22
having control of such room, building or other place, so long as clarity, sufficiency and 23
conspicuousness are apparent in communicating the intent of this chapter. 24
§ 8.36.070 Exceptions. 25
Exceptions to the smoking prohibitions of this chapter are as follows: 26
A. Private offices, including those in the work place, designated areas of 27
hotels and motels, areas and rooms while in use for private social functions, private 28
hospital rooms, psychiatric facilities, jails, and stores that deal exclusively in tobacco 29
products and accessories, provided such stores comply with all state and local laws, 30
including California Labor Code Section 6404.5 and California Health and Safety Code 31
Section 104559.5. No pharmacy shall be considered a store that deals exclusively in 32
tobacco products and accessories. 33
B. Fairways or putting greens of golf courses within private country clubs, 34
provided smoking complies with all applicable state and local laws. Notwithstanding the 35
foregoing, nothing in this chapter shall require a person or entity that owns or controls a 36
private country club to permit smoking and such a person or entity may prohibit smoking 37
throughout the property he, she or it owns or controls. 38
266
C. Areas measured within a twenty-foot zone outside of a building’s primary 1
entrance, as long as the smoker is actively passing through on the way to another 2
destination and so long as the smoke does not enter any indoor area in which smoking 3
is prohibited. 4
D. Any owners or other person having control of a business or other 5
establishment subject to this chapter may apply to the city for an exem ption or 6
modification of the provisions of this chapter due to unique or unusual circumstances or 7
conditions. 8
E. Up to twenty-five percent of the contiguous deck area around swimming 9
pools in multifamily residential properties owned by the City. Such designated smoking 10
areas must be clearly signed. 11
§ 8.36.080 Nonretaliation. 12
No person or employer shall discharge, refuse to hire or in any manner retaliate 13
against an employee or applicant for employment because such employee or applicant 14
exercises any rights afforded by this chapter. 15
§ 8.36.090 Enforcement. 16
A. The owner, operator or manager of any facility, business or agency within 17
the purview of this chapter shall comply herewith. Such owner, operator or manager 18
shall post, or cause to be posted, all “No Smoking” signs required by this chapter. Such 19
owner, operator or manager shall not allow service to any person who violates this 20
chapter by smoking in a posted “No Smoking” area. 21
B. It shall be the responsibility of employers to disseminate information 22
concerning the provisions of this chapter to employees. 23
C. The City’s code enforcement officers, police and fire personnel are 24
authorized to issue citations for violation of the provisions of this chapter. Any peace 25
officer may enforce the provisions of this Chapter. The City’s code compliance 26
department may designate additional persons to monitor and facilitate compliance with 27
this Chapter. 28
D. The City’s code compliance department shall coordinate with the 29
California Department of Public Health and the California Department of Tax and Fee 30
Administration to ensure compliance with state laws regarding smoking and tobacco 31
use, including California Labor Code Section 6404.5. The department may use audio or 32
video recording equipment when conducting inspections to record and document illegal 33
smoking activities. 34
§ 8.36.100 Violation—Penalty. 35
A. Any person who violates any provision of this chapter by: (1) smoking in a 36
posted “No Smoking” area; (2) failing to post or cause to be posted a “No Smoking” sign 37
267
required by this chapter; (3) owning, managing or operating a business or building in 1
which the prohibitions of this chapter are violated; or (4) violating any other provision of 2
this chapter, is deemed guilty of an infraction in accordance with Chapter 1.12 of this 3
code. Violations of this chapter may be criminally prosecuted as infractions or 4
misdemeanors at the discretion of the prosecuting attorney as the interests of justice 5
require. 6
B. Any violation of this chapter is hereby declared to be a nuisance , subject 7
to all applicable civil, administrative, and criminal remedies and penalties according to 8
the provisions and procedures contained in this Municipal Code and state law, 9
including, but not limited to, an action for abatement or injunctive relief . 10
C. Each incident of smoking in violation of this chapter is an infraction subject 11
to: a fifty-dollar ($50) fine. 12
1) a fine in an amount not to exceed fifty dollars ($50) for a first conviction of an 13
offense; 14
(2) a fine in an amount not to exceed one hundred dollars ($100) for a second 15
conviction of the same offense within a twelve-month period of the date of the 16
first offense; and 17
(3) a fine in an amount not to exceed two hundred and fifty dollars ($250) for the 18
third conviction of the same offense within a twelve-month period of the date of 19
the first offense. 20
21
22
268
ORDINANCE NO. 2025-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA AMENDING CHAPTERS
8.34 AND 8.36 OF THE PALM DESERT MUNICIPAL CODE
RELATING TO TOBACCO RETAILER LICENSING AND
SMOKING REGULATIONS TO COMPLY WITH
CALIFORNIA FLAVORED TOBACCO LAWS, REGULATE
KRATOM SALES AND POSSESSION, AND ENHANCE
PUBLIC HEALTH PROTECTIONS AND MAKING A
FINDING OF EXEMPTION UNDER CEQA.
City Attorney’s Summary
The purpose of this ordinance is to amend Palm Desert Municipal Code
Chapters 8.34 and 8.36 to align with state flavored tobacco laws, enhance
tobacco retailer licensing requirements, regulate the sale, distribution, and
possession of kratom products by prohibiting synthetic kratom products,
restricting sales of natural kratom leaf products to persons 21 and older,
and prohibiting possession by persons under 21 and strengthen smoking
regulations to adopt best practices to protect public health and reduce youth
access to tobacco and kratom products.
WHEREAS, the City of Palm Desert is committed to protecting the public health,
safety, and welfare of its residents by regulating the sale and use of tobacco and kratom
products and reducing exposure to secondhand smoke; and
WHEREAS, the California Legislature has enacted several laws, including
Senate Bill No. 793 (2020), Assembly Bill No. 935 (2023), Senate Bill No. 1230 (2024),
and Assembly Bill No. 3218 (2024), collectively strengthening restrictions on the sale of
flavored tobacco products and enhancing enforcement mechanisms to prevent youth
access and protect public health; and
WHEREAS, Senate Bill No. 793, effective December 21, 2022, following voter
approval via Proposition 31, prohibits tobacco retailers from selling, offering for sale, or
possessing with intent to sell most flavored tobacco products and tobacco product flavor
enhancers, with exceptions for flavored shisha tobacco sold by licensed hookah
retailers, premium cigars sold in cigar lounges, and looseleaf tobacco, as codified in
California Health and Safety Code Section 104559.5; and
WHEREAS, Assembly Bill No. 935 enhances enforcement of the flavored
tobacco ban by aligning penalties with the Stop Tobacco Access to Kids Enforcement
(STAKE) Act, allowing civil penalties ranging from $1,000 to $20,000 or more for
violations and mandating license suspension or revocation for repeated violations; and
WHEREAS, Senate Bill No. 1230, known as the Strengthen Tobacco Oversight
Programs (STOP) and Seize Illegal Tobacco Products Act, effective January 1, 2025,
authorizes the California Department of Tax and Fee Administration (CDTFA) to seize
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flavored tobacco products and imposes a $50 per package penalty, with license
suspension for a second seizure and revocation for a third, and increases STAKE Act
penalties for sales to minors; and
WHEREAS, Assembly Bill No. 3218, effective January 1, 2025, requires the
California Attorney General to establish an Unflavored Tobacco List (UTL) by December
31, 2025, deeming any tobacco product not on the UTL as flavored and prohibited for
sale, expands the definition of tobacco products to include synthetic nicotine and
nicotine analogs, and prohibits distributors, wholesalers, and delivery sellers from
selling non-UTL products or flavor enhancers; and
WHEREAS, these state laws collectively aim to reduce youth tobacco use,
protect marginalized communities disproportionately targeted by flavored tobacco
marketing, and address the public health risks associated with nicotine addiction and
secondhand smoke exposure; and
WHEREAS, the California Air Resources Board has classified secondhand
smoke as a toxic air contaminant with no safe level of exposure, necessitating robust
local regulations to limit smoking in public places and places of employment; and
WHEREAS, kratom (Mitragyna speciosa) is a tropical tree native to Southeast
Asia, and its leaves are often consumed in powdered or extract form for their stimulant
and sedative effects, with active compounds including mitragynine and 7 -
hydroxymitragynine (7-OH), the latter being more potent and largely responsible for
stronger pain-relieving, sedative, and euphoric effects; and
WHEREAS, research has shown that 7-OH has euphoric and mood-enhancing
effects, particularly at higher doses, increasing its appeal for recreational use, and binds
to opioid receptors in the brain with greater affinity than morphine, raising significant
concerns about its safety profile, including the potential for addiction, overdose, and
adverse physical and psychological effects such as nausea, vomiting, and potential
psychosis, with risks compounded when products contain higher concentrations of 7-
OH; and
WHEREAS, health advisories, including those from the United States Food and
Drug Administration (FDA), have raised concerns over the safety of kratom products,
particularly those with higher concentrations of 7-OH, which may increase the potential
for abuse and harm to public health, culminating in the FDA’s formal request to the U.S.
Drug Enforcement Administration (DEA) on July 29, 2025, to place 7 -OH products on
the controlled substance list; and
WHEREAS, kratom is not approved for any medical use by the FDA, is
designated as a “Drug of Concern” by the DEA, and while legal in California with
restrictions on packaging and sales to minors under 21 years old pursuant to Assembly
Bill No. 1088 (effective 2025), several states and local jurisdictions, including cities in
California such as San Diego and Oceanside, have banned or regulated kratom to
protect public safety, especially vulnerable populations; and
270
WHEREAS, local law enforcement, including the Riverside County Sheriff ’s
Office and District Attorney’s Office, has reported a significant increase in DUI arrests
involving kratom as the primary active drug, with documented arrests and deaths
associated with its use, underscoring its impairment risks and lack of proven medical
benefits; and
WHEREAS, the City Council finds that prohibiting synthetic kratom products,
restricting sales of natural kratom leaf products to persons 21 and older, and prohibiting
possession by persons under 21 will protect public health, particularly youth ,given the
unproven benefits, documented risks, and alignment with the City’s tobacco control
goals sales and distribution will protect public health, given the unproven benefits,
documented risks, and alignment with the City’s tobacco control goals; and
WHEREAS, Chapters 8.34 and 8.36 of the Palm Desert Municipal Code regulate
tobacco retailer licensing and smoking, respectively, but require updates to align with
state flavored tobacco laws, incorporate electronic smoking devices, regulate kratom
sales, distribution, and possession, and enhance enforcement coordination; and
WHEREAS, the proposed amendments to Chapter 8.34 update definitions to
include electronic devices and nicotine analogs, explicitly prohibit the sale of flavored
tobacco products and synthetic kratom products, permit limited sales of natural kratom
leaf products to persons 21 and older with age verification and other safeguards, adopt
proximity restrictions, enhance inspection requirements, strengthen enforcement
mechanisms, and require coordination with state agencies for enforcement, ensuring
compliance with Health and Safety Code Section 104559.5 and related provisions while
implementing targeted kratom regulations; and
WHEREAS, the proposed amendments to Chapter 8.36, building on prior
revisions, clarify the regulation of electronic smoking devices, align definitions with state
law, and add enforcement coordination to address flavored tobacco and kratom-related
use, while maintaining exceptions consistent with state law; and
WHEREAS, these amendments are necessary to protect public health, prevent
youth access to addictive tobacco and kratom products, reduce exposure to
secondhand smoke, and ensure that Palm Desert’s regulations are consistent with state
law; and
WHEREAS, the City Council finds that these changes are in the public interest
and will promote the health, safety, and welfare of the community.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Amendment to Chapter 8.34. Chapter 8.34 Tobacco Retailer
License of the Palm Desert Municipal Code is hereby amended in its entirety to read as
set forth in Attachment A, incorporated herein by reference.
271
SECTION 2. Amendment of Chapter 8.36. Chapter 8.36 Regulation and
Prohibition of Smoking of the Palm Desert Municipal Code is hereby amended in its
entirety to read as set forth in Attachment B, incorporated herein by reference.
SECTION 3. CEQA Exemption. The City Council finds that the adoption of this
ordinance is exempt from review under the California Environmental Quality Act (CEQA)
(Public Resources Code § 21000 et seq.) and the CEQA Guidelines (14 Cal. Code Regs.
§ 15000 et seq.). This ordinance is not a “project” under CEQA Guidelines Section
15378(b)(5), as it is an organizational or administrative activity of government that will not
result in direct or indirect physical changes in the environment. The amendments to
Chapters 8.34 and 8.36 update tobacco retailer licensing (including kratom regulations) and
smoking regulations, including definitions, enforcement, proximity restrictions, and fines,
which are administrative actions with no physical environmental impact. Even if considered
a project, the ordinance is exempt under CEQA Guidelines Section 15061(b)(3), the
“common sense” exemption, because there is no possibility of a significant environmental
effect. The ordinance regulates tobacco and kratom sales and public smoking to protect
health, with measures like pharmacy sales bans and smoking prohibitions, none of which
involve construction, land use changes, or activities affecting air, water, or habitat.
SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall
not affect the validity of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance, and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. Posting and Publication. The City Clerk of the City of Palm Desert,
California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a
newspaper of general circulation, published and circulated in the City of Palm Desert,
California, and shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON ___________________ , 2026.
EVAN TRUBEE
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on ________ , 2026, and adopted at a
regular meeting of the City Council held on __________ , 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on __________________ .
ANTHONY J. MEJIA
CITY CLERK
273
274
PROPOSED AMENDMENTS TO P.D.M.C.
CHAPTERS 8.34 & 8.36, TOBACCO RETAILER
LICENSE & SMOKING REGULATIONS
City Council Meeting
February 26, 2026
275
BACKGROUND
•December 2009 -City Council adopted Ordinance No. 1200
•Current ordinance is outdated, lacks clarity for emerging electronic
smoking devices and products. Growth of non -tobacco (vaping) smoking
substances.
•Licensing regulations are outdated, not aligned with industry standards.
•Concerns with over -the -counter synthetic kratom products.
•Ineffective fine structure to deter violations.
2276
PURPOSE OF AMENDMENTS
•Modernize smoking and tobacco license regulations
•Address emerging new products and substances
•Regulate high-risk synthetic kratom products
•Clarify enforcement and increase penalties
•Protect public health
•Align with original ordinance intent
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KEY AMENDMENTS OVERVIEW
Chapter Title Summary of Amendment
8.34 Tobacco Retailer License Updated definitions and terminology
Prohibit flavored tobacco products
Prohibit electronic smoking device sales
Prohibit tobacco sales at pharmacies
Prohibit synthetic kratom products
8.36 Regulation and Prohibition of
Smoking
•Regulates smoking in public places and
workplaces
•Includes distance requirements from entrances
•Updated to include electronic devices
•Define a private country club as a “public place”
for purposes of smoking regulation.
278
5
•Council direction from August 2024 and February 2025 study sessions
•Clear regulations for retailers
•Consistent and clear enforcement tools:align enforcement standards for kratom with
tobacco law, to include license revocation for kratom-related violations.
•Increased penalties for operational violations
•Increase inspections and compliance monitoring
•Aligns with regional public health concerns and regulatory enforcement practices
across multiple valley cities.
PROPOSED AMENDMENTS PROVIDE:
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QUESTIONS
Pedro Rodriguez
Code Compliance &
Support Services Manager
280
From:tony Rodini
To:CityClerk
Subject:REGULATION OF KRATOM SALES AND POSSESSION.
Date:Monday, February 23, 2026 5:00:30 PM
Hello, my name is Anthony Rodini and I am a California resident.
I've been using Kratom for almost ten years, and I am a strong advocate for the plant. I have
severe obsessive-compulsive disorder, as well as anxiety and a tic disorder. Kratom
significantly helps reduce my anxiety, which in turn helps me manage the tics, ruminations,
and other difficult symptoms caused by my conditions. Science will support that the natural
plant in its unadulterated state poses no threat to the public health and safety. I believe that
products containing 7-OH are in fact the problem and should be recognized as such. I
understand that there is some misinformation, but I would like to kindly note that natural
kratom and 7-OH are very different products.
Respectfully asking you to consider regulation, and not prohibition. Please think of the many
individuals who rely on natural kratom for support in their daily lives and try to see this from
our perspective. This is a deeply important issue to proponents like myself, who are able to
live happy and healthy lives thanks to kratom, a natural plant.
thank you for your sincere consideration
--
Tony Rodini
281
From:ED ARTHUR
To:CityClerk
Subject:Kratom ban
Date:Monday, February 23, 2026 7:10:46 PM
I understand that you are planning to ban all Kratom products. Please take a moment to hear my personal story
regarding this plant. I am not in your community, I live in Irvine, but I feel it’s important that all municipalities
understand the benefits to people who are using this plant responsibly.
My name is Ed Arthur. I am 78 years old and retired at age 75 after working as a wood finisher for over 50 years. I
am also a Vietnam veteran, and I was self-employed.I have used kratom for probably 15 years with absolutely no
harmful effects whatsoever. I take a small dose twice a day, and it helps with energy and pain relief, as I have spinal
stenosis and two torn rotator cuffs. I credit it for my ability to work happily until age 75 and to continue a very
productive and active life in my senior
https://url.us.m.mimecastprotect.com/s/SGwfCmZV6mUjNrmAhGfpIRUQWv?domain=years.it is my great desire
to see this natural leaf product remain available to me. On the other hand, I would greatly appreciate regulations
against the synthetic product called 7-OH (or 70H). It sounds highly addictive and gives our natural leaf a bad
name.Thank you so much for your consideration.Ed Arthur
Irvine, California
282
From:K M
To:CityClerk
Subject:Kratom regulation
Date:Monday, February 23, 2026 9:09:04 PM
To whomever needs to hear this,
My name is Kathryn Magliaro. I am 56 yrs old. I have been married for 36 years. And I am the
mother of two adult children.
For many years ,my children basically lost me functioning as their mum,and my husband lost
me functioning as his wife. Why ? Because in 2007 I was diagnosed with Trigeminal
Neuralgia. If you do a quick Google search, you will soon find out that Neurology medical
literature label this as one of the worst pains known in all of medicine. And that's no
exaggeration. There is no cure, there is literally only pain management. It also has the moniker
of "the suicide disease ." Why? Because it is very difficult to find anything that helps the pain
,so some opt to end their lives as their form of managing, ending their pain. I underwent 2
brain surgeries, they failed to help. I endured years of anti seizure meds, anti depressants, and
every opiate available. Nothing helped my pain. As the years progressed, and the pain roared
on, I did less ,and less living. Until I was basically bed ridden.
That lasted from approximately 2010 through 2018. And I also battled those suicidal thoughts
every single day, multiple times a day. I wanted this pain to just stop.
But in 2019 I discovered this leaf Kratom. It was the only thing that helped me. I take it still to
this day as a form of pain management. And over time I have received back everything I lost
to this nerve disease. My family has me back functioning in the family, participating in their
lives,and being present. For the first time, I have started to consider helping financially again,
because I couldn't for all those years. I am back to hobbies doing crafts, and painting . Even
those were things I had to stop.
I always have taken pure leaf dried Kratom. Please understand this pure leaf dried Kratom is
helping thousands of people like myself. This leaf absolutely saved me, I no longer have those
suicidal thoughts. And like I mentioned i am living life again. Please do not prevent the
thousands of people who need this to help their pain, please don't make it in accessible for
them. If that is done, you are potentially forcing all of those people to be criminals, to get what
is effective at helping their pain.
We are supporting regulations. We want regulations. But we do not support a ban. Please
follow the scientific research that is being done at the University of Florida. For 15 plus years
they have been studying this leaf. Even the FDA did an observational study and printed that
they could not find this leaf caused any harm, at any dose that was given. The FDA printed
that. Please follow the science, and regulate this ,still making it available to those thousands
upon thousands whom need it.
Thank you for your time.
Sincerely Kathryn Magliaro
283
From:Denise Geltman
To:CityClerk
Subject:8.34 + 8.36 PLEASE DO NOT BAN NATURAL LEAF KRATOM
Date:Monday, February 23, 2026 10:17:57 PM
Dear City Council Members,
You may not know this but in November 2024, Dr. Scott Gottlieb, former head of the FDA
went directly to the UN/WHO to ask them to ban NATURAL LEAF KRATOM worldwide.
THEY TOLD HIM NO because it helps so many people around the World.
My name is Denise Geltman. I have been taking NATURAL LEAF KRATOM for 10
years. I am 61 years old.
I suffer from chronic nerve pain and spasms all over my body, It is torture.
NATURAL LEAF KRATOM is my most important tool in my chronic pain toolbox.
Because of NATURAL LEAF KRATOM I have been able to hold a part time job for 10
years and live my life instead of existing in pain.
Please do not ban NATURAL LEAF KRATOM because it helps so many people.
The current FDA recently finished a study which found NATURAL LEAF KRATOM is
SAFE in EVERY dose.
However, I am in full support of banning SYNTHETIC 7-OH products. They are super
dangerous.
Thank you for your time. I really appreciate it.
Sincerely,
Denise Geltman
denisegeltman@
284
From:Venus Lynn
To:CityClerk
Subject:Public Comment Opposing Kratom Restrictions - Agenda Item 15.a
Date:Tuesday, February 24, 2026 4:40:08 AM
Dear Mayor and Members of the City Council,
My name is Venus Usher. Although I do not live in California, decisions being made in Palm
Desert matter to people like me across the country. I would also like to visit one day, bans
make that impossible.
I live with severe chronic pain conditions, including interstitial cystitis, fibromyalgia, recurrent
kidney stone pain, and abdominal adhesions that required a three hour surgery. These
conditions do not go away. They do not get better. They are lifelong.
For seventeen years I was dismissed, misdiagnosed, and labeled. I was placed in rehab over
pain medication that had been prescribed to me. I was treated as though I was the problem
instead of the patient. When traditional medicine failed me, kratom was the only thing that
allowed me to regain a basic level of function and dignity.
Kratom is not a recreational thrill for me. It is the reason I can get out of bed. It is the reason I
can participate in life instead of simply enduring it.
When cities move to restrict sales and possession by grouping kratom in with tobacco or
smoking regulations, it sends a message that people like me are doing something wrong just
by trying to manage our pain. Restrictions that go too far do not protect us. They make us
vulnerable. They push access away from regulated storefronts and into uncertain territory.
They create fear where there should be compassion.
There are responsible ways to regulate kratom. Age limits. Testing requirements. Clear
labeling. Consumer protection standards. Those approaches protect public safety without
criminalizing adults who are simply trying to live with less suffering.
Please understand that this is not an abstract policy debate. Behind every ordinance are real
human beings. Veterans. Chronic pain patients. People in recovery. Mothers. Fathers. People
who have already been through enough.
I am asking you to think of us when you consider Agenda Item 15.a. Choose balanced
regulation over unnecessary restriction. Choose compassion over fear.
Thank you for your time and for considering the human impact of your decision.
Sincerely,
Venus Usher
New Castle, De 19720
My Story: https://share.google/FmmBi7LTUucD1NZQD
285
From:lora@
To:CityClerk
Subject:I approve kratom language in 8.34.010
Date:Tuesday, February 24, 2026 6:25:02 AM
Attachments:image001.png
Dear Palm Desert City Council –
I wanted to thank you for introducing a good ordinance regarding kratom in your city. As
a pain patient, 9-year kratom consumer and as a kratom educator, I appreciate that you
are recognizing the real need for this supplement in your community. Untreated pain is
becoming an incredibly common occurrence due to the opioid crisis. Kratom is a great
alternative to prescribed pain medication. It is also an incredibly helpful tool for those
moving away from illicit drugs or prescribed opioids due to abuse. I truly appreciate that
you recognized that there is a real difference between natural leaf kratom and the
synthetic products like 7-OH.
Once again, thank you for being responsible and taking the needs of your citizens to
heart.
Yours Truly -
Lora Romney
286
From:Michele Inman
To:CityClerk
Subject:Hearing on Regulating Kratom
Date:Tuesday, February 24, 2026 8:21:14 AM
To whom it may concern,
As a local resident and Kratom user, I’m writing to ask that Kratom be protected from being banned in our area. It is
a valuable resource for mental and physical health and a great alternative to pharmaceutical products.
As someone who has had chronic pain, depression and anxiety, I know from experience that Kratom can be useful in
treatment of pain and other discomforts. Unlike cannabis or opioids, Kratom does not lead to addiction or
drowsiness caused by other analgesic supplements
Kratom is also often used against social anxiety, phobia and depression. I find with minimal use, that (especially) in
public, I feel less afraid. Kratom can make me more talkative, friendly and cheerful. Personally, I’m more inclined
to immerse myself among people while being more comfortable in my own skin.
Please also take into consideration, although alcohol and cannabis is legal in CA, most employers do not allow or
accept any use of these products because of their obvious side effects and safety concerns.
There needs to be a safe alternative and natural, botanical Kratom is that solution.
Michele Inman
text or call
287
From:Abdullah Mamun
To:CityClerk
Subject:I am in support for 8.34.010 as written
Date:Tuesday, February 24, 2026 9:43:50 AM
Dear City Clerk,
I am writing to express my sincere appreciation for the thoughtful language included in
Agenda Item 8.34.010. It is encouraging to see policymakers take the time to listen to
community members and recognize that a natural plant, used for centuries worldwide and
for decades within the United States, can serve as a safer alternative for many individuals
—particularly those concerned about the dependency risks associated with certain
prescribed medications.
My name is Abdullah Mamun, and I am the owner of Authentic Kratom, a company I
founded more than 12 years ago in Los Angeles, California. Our business focuses
exclusively on natural kratom products, all of which are compliant with California’s
regulatory framework, including the standards reflected in your ordinance.
Over the past two years, the emergence of synthetic kratom derivatives, often referred to as
“7-OH” products, has significantly impacted the marketplace. I have personally witnessed
the negative consequences these products can have, including customers coming into our
stores seeking help to discontinue their use. It has been deeply concerning to observe the
harm caused by these synthetic alternatives, which further underscores the importance of
responsible, evidence-based local policies such as the one your city has implemented.
The steps your city has taken are truly commendable, and I hope neighboring jurisdictions
will look to your leadership as a model. I also work closely with organizations such as the
American Kratom Association and the Global Kratom Coalition. If there are any resources,
research, or perspectives that may be helpful to you or your colleagues, I would be glad to
assist in any way possible.
Please feel free to reach out using the contact information below if you need clarification or
additional information.
Once again, thank you for your commitment to protecting and serving your community.
Your efforts set an important standard.
Sincerely,
Abdullah Mamun
CEO
Authentic Kratom®
www.authentickratom.com
Tel:
288
From:jordan thomas
To:CityClerk
Subject:Kratom ban
Date:Tuesday, February 24, 2026 2:58:13 PM
Hi my name is Jordan Thomas. I am a resident of La Quinta. I am a 41 year old ex golf professional. I lost my health
and life about 7 years ago. I have PTSD, Charcot Marie Tooth disease, and severe osteoarthritis. I take kratom to
sleep and rehab. I could not sleep or train without it. If I couldn’t sleep or train, I would be bedridden in a
wheelchair. It is a plant medicine for many people out here with illnesses. Opioids can be toxic, addictive, and have
side effects like constipation. That would be my other option and it isn’t one. I have tried everything from CBD to
celebrex and gabbapentin. I would lose what’s left of my quality of life health wise if Kratom was banned. Please
consider this for me and many others in a similar situation. Please enforce law on the extracts and age but not the
plant in general. It is used as a medicine. Thank you for your time and consideration.
Thanks again,
Jordan Thomas Sent from my iPhone
289
From:Matthew McHolland
To:CityClerk
Subject:Protect Kratom in Palm Desert — Regulate, Don’t Ban
Date:Tuesday, February 24, 2026 4:50:19 PM
Honorable Mayor and Members of the City Council,
My name is Matthew W. McHolland, and I am here today to ask you to choose regulation
over prohibition — education over fear — and balance over reaction.
An estimated 5 to 15 million Americans currently use kratom. That is not a fringe
population. That is millions of veterans, mothers, construction workers, small business
owners, and seniors. These are not criminals. These are ordinary people seeking relief.
And we must begin with clarity.
There is a critical distinction between raw, natural kratom leaf — traditionally brewed as
tea — and synthetic or adulterated products.
Raw kratom leaf is a botanical. It is a member of the coffee family. It has been used
traditionally in Southeast Asia for generations.
What creates danger in any market is not the plant itself — it is contamination, synthetic
analogues, and lack of standards.
That is why kratom literacy is key.
Kratom literacy means understanding the difference between raw leaf and highly
concentrated extracts. It means knowing what adulterated products are. It means
educating consumers instead of criminalizing them. It means labeling, age restrictions,
and accountability.
I support restricting kratom sales to adults 21 and over. That is responsible. That
protects youth. But banning kratom entirely will not eliminate use — it will eliminate
safety.
When people who rely on kratom tea for chronic pain, anxiety, or depression suddenly
lose access, they do not simply stop suffering. Many of them have already been
abandoned by the medical system. Some were cut off from prescriptions. Some cannot
tolerate pharmaceuticals. Some are trying to avoid far more dangerous substances.
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If you remove a plant-based option that many consider manageable and functional, you
risk pushing people toward far more harmful alternatives.
We have seen this before. In 2016, the U.S. Drug Enforcement Administration attempted
to emergency schedule kratom nationwide. What happened next was historic. The
public response was overwhelming — one of the largest public comment responses in
FDA history. Veterans, patients, researchers, and families showed up in record
numbers. And the DEA withdrew the ban.
Why?
Because decisions are made by those who show up.
And millions showed up to say: this plant matters.
Palm Desert has an opportunity to lead wisely. You can distinguish between raw
botanical leaf and synthetics. You can enforce 21+ age restrictions. You can implement
smart regulation that protects consumers while preserving access.
A ban may sound decisive. But education is stronger. Regulation is smarter. And literacy
saves lives.
Please do not punish responsible adults. Do not remove a lifeline for those quietly
managing their pain. Do not create unintended consequences.
Choose regulation. Choose literacy. Choose balance.
Thank you for your time and your leadership.
Sincerely,
Matthew W. McHolland
Sent from my T-Mobile 5G Device
Get Outlook for Android
291
From:Marcelle Smith
To:CityClerk
Subject:Agenda Item 15A – Kratom Regulations Feb. 26 Public Hearing
Date:Tuesday, February 24, 2026 5:39:25 PM
Dear Mayor and Council Members,
I am writing regarding the February 26 public hearing on proposed kratom regulations.
I support thoughtful regulation that protects youth and promotes public safety. Measures such
as age restrictions, clear labeling, and prohibiting synthetic or high-potency products are
reasonable safeguards.
At the same time, I urge the Council to ensure that any ordinance is carefully drafted so it does
not unintentionally eliminate access for responsible adults or lawful natural leaf kratom
products. Policies should distinguish between natural products and synthetic or enhanced
substances and avoid overly broad definitions that could create unintended consequences or
push consumers toward unregulated markets.
A balanced, evidence-based approach can protect public health while preserving responsible
adult access.
Thank you for your time and consideration.
Sincerely,
Marcelle Morfin
California
292
From:Stephen McIntosh
To:CityClerk
Subject:SUPPORT Agenda Item 15a (RE: Kratom)
Date:Wednesday, February 25, 2026 12:00:42 AM
To the Clerk and Honorable City Councilors,
I would like to take a moment to voice my SUPPORT for Agenda Item 15a, Regulation of
Kratom. I read the ordinance carefully, and I appreciate that you differentiate between natural
kratom and synthetics.
I am a permanently disabled retiree with advanced heart failure and chronic pain. Like many
pain patients, my medication was stopped against my will in 2018. Like many Americans in
general, I have very little choice in the insurance offered through my wife’s employer. Our
household income is too high for Medi-Cal and for subsidized policies though Covered CA.
My insurance (a popular HMO) only allows me to see their providers if I want office visits,
prescriptions, or procedures to be covered.
Botanical kratom allows me to do basic housework and the PT cardiology has recommended.
Due to my health, many options are unavailable to me such as NSAIDs (cardiovascular risk)
or TENS/electrostimulators (pacemaker). Some have not worked very well or caused
significant side effects, such as medical cannabis.
Local access to botanical kratom is of extreme importance to me, and I thank you for
preserving it while addressing real concerns about adulterated products and underage access.
Thank you again,
Stephen C. McIntosh, MBA
Software Developer and Instructor of Computer Information Systems (Ret.)
293
From:Miriam Campillo Macedonio
To:CityClerk
Subject:A Call for Humane, Science-Based Kratom Policy
Date:Wednesday, February 25, 2026 9:13:08 PM
My name is Miriam Campillo Macedonio, and I am writing as a deeply concerned resident
regarding the City Council hearing on kratom
Kratom is derived from the leaves of the Mitragyna speciosa tree, native to Indonesia, where it
has been used safely for generations as a natural leaf tea. When consumed in its pure,
unadulterated form, natural kratom has helped countless individuals manage chronic pain,
stress, fatigue, and other health challenges—often when conventional medical treatments have
failed or caused harmful side effects. The public safety concerns most often cited in policy
discussions are overwhelmingly linked to synthetic kratom extracts or products contaminated
with other substances, not the traditional, natural leaf itself.
Policies that restrict or ban natural kratom—and especially those that criminalize possession—
are not only misguided, but inhumane. Reprimanding or penalizing individuals for possessing
natural plant leaves used responsibly for wellness purposes punishes people who are seeking
relief, not causing harm. Such measures would disproportionately impact law-abiding
residents who are simply trying to maintain their health and dignity. Criminalization does not
protect public safety; instead, it stigmatizes and marginalizes vulnerable members of our
community.
Many Americans who rely on natural kratom are individuals who have been failed by the
traditional medical system: mothers and fathers caring for their families, hardworking
employees striving to remain productive, and veterans coping with physical and emotional
pain. These are not reckless users—they are everyday people doing their best to live healthy,
stable lives. Restricting access to natural kratom would leave them with fewer safe options and
may push some toward far riskier alternatives, including stronger pharmaceuticals.
I respectfully ask the Council to pursue a balanced, science-based approach—one that protects
residents from unsafe synthetic products while preserving access to safe, natural kratom.
Regulation, quality standards, and education are far more effective and humane than
prohibition or punishment. Palm Desert has the opportunity to lead with reason, evidence, and
compassion.
Please consider the voices of constituents who rely on natural kratom for their well-being. By
safeguarding responsible access, Palm Desert can uphold personal freedom, public health, and
humane governance.
Thank you for your time, your service, and your thoughtful consideration of this important
matter.
Sincerely,
Miriam Campillo Macedonio
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From:bavardcuiss
To:CityClerk
Subject:Kratom Ban
Date:Thursday, February 26, 2026 4:44:28 AM
Good Afternoon Councilmembers,
I’ve chosen to speak out once again because I’m scared. For me, kratom has been one of the
only things that gives me any quality of life. It eases my pain. It helps me stay stable enough
to do basic things — preparing food, caring for myself and without it, my world becomes
much smaller.
I’m here as someone living with myalgic encephalomyelitis sometimes known as ME/CFS, a
disabling illness that took over my life at age 15. ME/CFS is a Neuro immune disease that
causes pain, cognitive dysfunction, and exhaustion that makes even simple tasks impossible.
There is no cure, no FDA‑approved treatment, and no standard medical pathway for people
like me. Every day is about survival and trying to hold onto whatever small pieces of
functioning I can.
I want to be very clear: I use kratom responsibly, carefully, and out of necessity — not
recreationally. I use raw leaf natural products, not synthetics. The difference between them
needs to be distinguished.
I’m not alone. many people with my disease and many others use for management of pain and
other chronic conditions. Due to the respiratory depression opioid narcotics can induce, raw
unadulterated kratom leaf may be safer. This lends itself to why the CDC has no verified raw-
leaf-only kratom deaths on record and the FDA has never documented a single death caused
solely by natural kratom leaf. The World Health Organization conducted a scientific review of
kratom and chose not to recommend a global ban. Their Expert Committee on Drug
Dependence concluded there was inadequate evidence to justify stricter international control.
Another report noted the WHO voted 11–1 against recommending international scheduling
after reviewing the data. That matters. It shows that global health authorities — after
examining the evidence — did not find kratom to be the kind of public danger that warrants
prohibition.
I understand the city’s concerns. Safety matters to all of us. We know from decades of
public‑health research: banning a substance does not stop its use. It simply pushes it
underground, where it becomes more dangerous, more likely to be misused and where no one
will be checking for age.
Banning it won’t stop misuse — but it will take away one of the only tools that people like me
have to manage a disabling illness with no treatment options. It will punish responsible users
while doing nothing to address the real risks like synthetics and accessibility to those under 21.
I’m asking you to consider the human impact. To see the people behind the policy. To
understand that for some of us, kratom is not a luxury — it is a lifeline. We aren’t criminals.
Please don’t take away one of the only things that allows me to live with dignity, stability, and
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some measure of relief.
Thank you for your time.
Heather S.
La Quinta Resident
Sent from Proton Mail for iOS.
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From:Eric Avriette
To:CityClerk
Subject:Ordinance proposal/save the use of kratom
Date:Thursday, February 26, 2026 9:51:21 AM
Kratom has been greatly beneficial in my life for close to a decade. Just one drink a day has
helped me manage my pain from arthritis and scoliosis. At the age of 71, I’m not taking any
pharmaceutical medications. I must emphasize I receive the best quality of kratom from
Kratom of Life, owned and operated by Matthew Holland. Matthew is an incredibly kind and
brilliant business man who takes great pride in the quality of his product.
Thank you for your time!
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From:klrenstrom
To:CityClerk
Subject:Resident request - Vote "no" on Kratom ban
Date:Thursday, February 26, 2026 12:18:39 PM
City Council members and others in attendance:
I’m sorry I won’t be able to attend the meeting this afternoon due to working a full-time job
with minimal flexibility in hours. I hope you will consider my comments below and introduce
them into the record regarding this issue.
At age 9, I injured my low back jumping out of a tree house. Later I learned my nearly
constant low back pain was also related to congenital arthritis. Basically my lowest 4 or 5
vertebrae have abnormally thin discs, contributing to pain, balance issues, sciatica, muscle
spasms, and numbness in my feet.
As an adult I’ve been prescribed physical therapy on at least 5 different occasions, and
I’m very consistent about the practicing the exercises I’ve been given. Unfortunately, as I
age, the arthritis gets worse. Various doctors prescribed heavy doses of Ibuprofen,
which I took as directed for YEARS. This led to major abdominal pain and damage to my
stomach and esophagus. The gastroenterologist prescribed daily antacid medication
(Omeprazole) which, it turns out, not only prevented my stomach from producing
excessive acid, but also coated my digestive tract in a way that prevented me from
absorbing the nutrition from my food. By the time I was 50 years old, I was malnourished,
with multiple physical, mental, and emotional consequences of vitamin deficiencies, in
spite of eating a diet for over 20 years that consisted exclusively of fresh proteins, whole
grains, fruits and vegetables only (no flour, no sugar, no alcohol, no processed food)
But still I was SICK. I felt defeated and I was still in pain, every day.
A friend who was a registered nurse told me about Kratom. She explained it was a plant,
grown mostly in Asia, which had a mild pain-relieving effect without the drowsiness or
altered mental state associated with even small doses of opiate-based pain
medications. She recommended a source who could be trusted, and I began to use it
during my work week to combat the devastating pain I used to experience from sitting in
a desk chair. I’ve been able to eliminate all the other crazy chemicals that were making
me sicker. I’ve had a small, consistent dosage, that has not increased in 9 years of use. I
follow the directions I was given by that nurse, and have discussed my use of this plant
with my regular pain management doctor, and she approved.
Never have I felt like using more than the small dose that was recommended to me.
Never have I wanted to “get high” using this plant. It helps with my pain without making
me sleepy or silly. It allows me, as a 60 year old woman, to exercise daily, sleep well
without waking in the night due to back pain, and work through long days, standing,
sitting, walking, without having to stop to lay down and let my back “rest”. This was
unheard of for me throughout my 30s and 40s.
Please don’t remove access to this valued, natural, plant-based remedy from those of
us who have finally found a safe, effective method to mitigate pain without the risks and
side-effects of all the other chemicals available from the pharmaceutical industry.
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Sincerely,
Kim Pringle
Palm Desert resident since 2015
Palm Desert, CA 92260
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