Palm Desert City Council - Regular Meeting, April 10, 2025

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[00:06:33] Mayor: Okay, you didn't hear me babe. Uh, good afternoon. We will now call the Palm Desert City Council meeting, successor agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and the Palm Desert Board of Library Trustees meeting to order for Thursday, April 10th, 2025. And do you want to just show that we are all in attendance?
[00:06:59] City Clerk: Yes. Uh, the record will reflect all council members are present. And for those on Zoom, if you would like to speak on any closed session items, please raise your hand. Madame Mayor, I see none.
[00:07:12] Mayor: Okay, then let us now go on into closed session and we'll be back shortly.
[01:03:41] Mayor Harnick: ...patience. And we will now call the Palm Desert City Council meeting, that is a joint meeting with the successor agency to the Palm Desert Redevelopment Agency, Palm Desert Housing Authority, and the Palm Desert Board of Library Trustees. We are back from closed session. May we have roll call, please?
[01:04:01] Clerk: Councilmember?
[01:04:03] Council Member: Here.
[01:04:03] Clerk: Councilmember Pertto?
[01:04:04] Council Member Pertto: Here.
[01:04:05] Clerk: Councilmember Kinttonia?
[01:04:06] Council Member Kinttonia: Present.
[01:04:07] Clerk: Mayor Pro Tem?
[01:04:08] Mayor Pro Tem: Here.
[01:04:09] Clerk: Mayor Harnick?
[01:04:10] Mayor Harnick: Here.
[01:04:10] Clerk: All council present.
[01:04:11] Mayor Harnick: Thank you so much. We'll now have the pledge of allegiance led by Mayor Pro Tem, and inspiration will follow.
[01:04:47] Mayor Pro Tem: Well, thank you everyone for joining us. And tonight we share the privilege of leading the pledge of allegiance and inspiration. And I had a whole idea of what the inspiration would be, but then...
[01:05:02] Speaker: After the last couple days, it flipped. And it did so because of the community events we've had recently. Everything from the crime victim's rights week today. It was one after the other from our chamber with all the businesses that work together. It was the groundbreaking for fire station 102, which we're all excited about. And it was also the living desert with their ribbon cutting for the Big Horn Cafe. But all of those activities, all of those events are great examples of what happens when we come together and when we work together. Crimes victims, that's from across the Riverside County. It's such a moving, moving event. And some of us were there for it and it's everybody coming together to support each other today. The fire station, it was Cal Fire, it was the county of Riverside, it was the staff at Palm Desert, and it was the voters of Palm Desert working together to make that happen. And the same when we talk about the living desert, it's people working together that makes it happen. We're always stronger together. And when we start dividing, separating, or identifying by what's different, that's when we fall and that's when we expose our weaknesses. We are better together. Thank you.
[01:06:34] Mayor Jan C. Hornik: Okay. Can we have a report of close session?
[01:06:40] Staff: Thank you, mayor. There's no reportable action taken in close session this afternoon.
[01:06:45] Mayor Jan C. Hornik: It's the kind of report we like. All right. We'll now move to awards, presentations, and appointments. Our first award is the National Library Week Proclamation. Are you ready to listen to all of this? Okay. Whereas libraries spark creativity, fuel imagination, and inspire lifelong learning, offering a space where individuals of all ages can explore new ideas and be drawn to new possibilities. Whereas libraries serve as vibrant community hubs connecting people with knowledge, technology, and resources while fostering civic engagement, critical thinking, and lifelong learning. Whereas libraries provide free access to books, digital tools, and innovative programming, ensuring that all individuals, regardless of background, have the support they need to learn, connect, and thrive. Whereas there are a total of 16,568 public libraries in the United States, nearly 100% of all public libraries provide free Wi-Fi and have no fee access to computers. Whereas libraries partner with schools, businesses, and organizations, maximizing resources, increasing efficiency, and expanding access to essential services, strengthening the entire community. Whereas libraries empower job seekers, entrepreneurs, and lifelong learners by providing access to resources, training, and opportunities that support career growth, economic success, and enhance quality of living. Whereas libraries nurture young minds through story times, programs, and literacy initiatives, fostering curiosity and a love of learning that lasts a lifetime. Whereas dedicated librarians and library workers and library professionals provide welcoming spaces that inspire discovery, collaboration, and creativity for all. Whereas libraries, librarians, and library workers across the country are joining together to celebrate National Library Week. Now therefore, be it resolved that I, Jan C. Hornik, mayor of the city of Palm Desert, on behalf of the entire city council, proclaim April 6th through 12th, 2025 National Library Week. And during this week, I encourage all residents to visit your library, explore its resources, and celebrate all the ways that the library draws us together as a community. Read that.
[01:09:45] Speaker: Very exciting. Yes. We just would like to thank you for your support of the library, but all of city council because every one of you is so supportive of the library and have done so much, especially here, you know, more so than I think in any community to...
[01:10:01] Unknown Speaker: ...bring library service to, you know, a great level here in Palm Desert for the residents. So, thank you all.
[01:10:26] Mayor: So much. I hope you all had the chance to get involved in our community book club reading Finding Gobi, which was a wonderful feel-good story and worth reading. And of course, if you haven't, you can get a copy of the book at our library. We'll now move to 9B, which is our McCallum Theatre update. Please join us.
[01:11:10] Robert McConna: Good afternoon, mayor and council members. Thank you for your time today. My name is Robert McConna, president and CFO of McCallum Theatre. Joining me today is my colleague Kaisa Thirsten Furry, vice president of education. So, just a bit of my history with McCallum. I've been with McCallum going on 12 years, the first 11 in which I've been the CFO. Then in March of 2024, when my predecessor Mitch Gersinfeld, our president and CEO, retired from McCallum after 24 years, the board appointed me to the role of president as well as continuing on my role as CFO. Well, since opening our doors on January 2nd, 1988, the McCallum Theatre has become Desert's premier performing arts organization. We are a nonprofit arts organization and a key community partner in the Coachella Valley. In short, we don't just present productions. We create lovers of the arts through our cornerstone education and community engagement programs. For context, the information being presented today is going to be based upon our most recent fiscal year ending July 31st, 2024. As the information on the slides, we have 121 mainstage productions, not including our student performances and rental clients. So those are productions like our Broadway shows, Chris Botti, those types of programming. The McCallum served over 126,000 community members, visitors, students, and educators. Aside from our full-time and part-time staff, we're supported by 142 volunteers, many of which live here in the city of Palm Desert. Our ticket sales accounted for $9.8 million on an annual operating budget of just under 20 million. So, the support for McCallum Theatre is vast and wide. Our Palm Desert residents make up approximately 16% of our ticket sales, which accounted for just about 1.5 million in revenue. We had another 39% of ticket sales from members outside of the city of Palm Desert within Coachella Valley. Anyway, an astonishing 45% of our ticket sales are derived from visitors outside of the Coachella Valley and outside of the state, all adding to the economic impact of the city. Our fundraising for that fiscal year was 10.7 million, of which 1.9 million was donated by Palm Desert residents. As we look forward to the future and understand that we have an ever-growing full-time population here in the desert, and to be a theater for the entire Coachella Valley community, we are expanding our season, which means we will have more to offer. So next season, look for many more performances starting as early as September and going through as early as beginning of June. We're also looking to do more community-type events as well as expand our education programs. And speaking of education, I will now turn the presentation over to Kaisa Thirsten Furry, who will talk about our education programs. Thank you.
[01:14:33] Kaisa Thirsten Furry: Yes. Hello. Good afternoon. It's a pleasure to be here. We are going to talk about our education programs, and for those of you who don't know me, I've been with the theater since 1993. Actually started working in the development department, and I believe that we launched our education department in direct request to the city of Palm Desert saying, 'What else can the theater do for the community?' Our...
[01:15:00] Kajsa: Then the executive director came back from a meeting here and said, 'Kajsa, I know this is what you want to do. Let's get started.' And I said, 'When?' and she said, 'Now.' And that's how we started in the summer of 1997 with a summer camp program called Imagination Station.
[01:15:17] Kajsa: Well, at this stage in our development, we attract close to 40,000 attendees annually, and that includes over 30,000 students, but also teachers and other community members who attend events such as Open Call Talent Project and Palm Desert Choreography Festival, or participate in workshops and educational performances open to the general public.
[01:15:43] Kajsa: Around 100 schools—public, private, and home schools—attend live performances at the theater as part of our field trip series each year. These performances are offered at no cost to schools. Our series this year features 24 performances by nine different artists and companies and serves our three local school districts, the high desert, and additional schools as space permits.
[01:16:11] Kajsa: Under the umbrella of our aesthetic education program launched in 1998, we currently have in-depth partnerships with 29 elementary schools across the valley, engaging close to 7,000 students this school year. This includes all four public elementary schools in the city of Palm Desert. And in fact, the majority of our public elementary school students in the city benefit from that program.
[01:16:40] Kajsa: At Lincoln Elementary, we partner with every classroom, first through fifth grade. At Reagan Elementary, we're in every classroom, transitional kindergarten through fifth grade. At Carter Elementary, we're in all third, fourth, and fifth grade classrooms. And at Washington Charter, we're in every classroom, transitional kindergarten through fifth grade.
[01:17:02] Kajsa: Students at these schools explore two different performance works of art each school year in workshops with our teaching artists and their classroom teachers, both before and after attending the performance either at the McCallum Theatre or at their school.
[01:17:20] Kajsa: For example, this week, Washington Charter, Carter, and Lincoln schools, along with seven schools in Coachella Valley Unified School District, have hosted performances of 'The Paper Escaper' by Terrapin Puppet Theatre Company all the way from the island of Tasmania in Australia.
[01:17:44] Kajsa: Prior to coming here, Terrapin performed at the Wallis Annenberg Center for the Performing Arts in Beverly Hills. They will land at seven other venues across America and conclude at the Kennedy Center in Washington, D.C., the second week of May, while our neighborhood kids had the opportunity to see the show up close at their school.
[01:18:10] Kajsa: In total, the aesthetic education program presents 29 performances of six different powerful works of art this year, and students in our Palm Desert elementary schools, along with those in another 25 schools across the valley, are hands-on engaged in dynamic workshops before and after the performances. Those are workshops that cultivate critical thinking, curiosity, creative problem solving, communication, and collaborative skills, creating more meaningful experiences for everyone involved.
[01:18:46] Kajsa: And one of those performances this year was 'The Children of Willesden Lane' by renowned pianist Mona Golabek, which we presented close to International Holocaust Remembrance Day. This inspiring one-woman show, featuring some of the world's greatest classical piano music, shared Mona's mother's compelling story of surviving the Holocaust during World War II while staying true to her dream of becoming a concert pianist.
[01:19:15] Kajsa: Mona performed at the McCallum Theatre on February 4th and 5th, and 3,000 students participated. These students either engaged with the work through our aesthetic education program—this included students at Lincoln, Reagan, and Washington Charter—or as part of the Willesden Read project for middle and high school students, which included the entire 7th-grade student constituency at Palm Desert Charter Middle School and students at Palm Desert High School. All students attended the performance at McCallum and received a free copy of the book, 'The Children of Willesden Lane.' We also offered one public performance with...
[01:20:01] Speaker: Tickets priced at just $15 inclusive of fees. And close to 700 members of the general public joined us for that show. And here are a few pictures from our performances at the McCallum.
[01:20:20] Speaker: There's Mona with one of our student audiences. And here is what some teachers are saying about that experience. So Mary Dolan is a third-grade teacher at Lincoln Elementary right here in Palm Desert. The students had been reading the book and working with Miss April, our McCallum teaching artist, for a few weeks. She was amazing with our students. They loved the book and found that the show and dramatization with the music really brought it to life for them. The Children of Williston Lane was very valuable for us to explore because it was historical. My students loved the story of survival and real-life coming-of-age struggles.
[01:21:02] Speaker: And Michelle, another third-grade teacher at Reagan Elementary, says this: 'I believe that having the McCallum is such an enriching experience for children. I can touch the surface of the arts, but it is not my forte. It takes a team to provide such an in-depth experience that can only come from those who have studied the arts. I was struck by how much my students were able to connect with the story through the classes provided by Miss Holly, our McCallum teaching artist.'
[01:21:41] Speaker: Another one of our passion projects certainly is our Palm Desert Choreography Festival, one of four annual festivals in the city. Founded in 1998 by local choreographer Shea and launched right here in the Civic Center Park with McCallum's education department stepping in as a partner in 1999. This event brings together choreographers and dancers from across the US and the world. The second weekend of November each year, the festival attracts a large and eclectic audience, and its success has inspired a deeper investment in dance at McCallum, resulting in more expansive dance programming this year and in the upcoming year.
[01:22:30] Speaker: Our last festival in November 2024 attracted 103 festival submissions from choreographers all around the world. 20 finalist choreographies were presented live at the festival in a Saturday evening performance and a Sunday afternoon performance. We had 125 dancers perform during our festival weekend, and just over 1,900 community members attended the festival. 77 local and visiting dancers attended free festival workshops on the COD campus, and once again we offered our East Valley Dance Project. We had 157 students from Desert Mirage and Coachella Valley high schools participate in workshops, and out of those students, 45 were selected to perform an original dance that was set on them by one of our festival-winning choreographers, and they performed in our Sunday festival performance.
[01:23:37] Speaker: Let's take a look at a clip from our 2022 East Valley Dance Project. That's when we could not be at the theater, but it was a performance that took place outdoors.
[01:23:56] Video Narrator: The East Valley Dance Project is really important to us. For the past 15 years, we've served students in the eastern part of the valley with this project as part of the Palm Desert Choreography Festival. This project gives kids a really unique opportunity to perform with not just other classmates, but with a professional company and with a live audience.
[01:24:50] Speaker: That was a really fun year. We've been back at the theater now for the past three years. Our submission window for our upcoming festival in November 2025 just closed on April 1st, and we...
[01:25:03] Presenter: We have yet again seen an increase in our number of submissions, and we're looking forward to going through the selection process and mounting yet another choreography festival in November. And certainly, last but not least, our open call talent project coming up here on May 2nd and May 3rd. This is a project that nurtures the spirit of community and celebrates local artists ages eight and up and who reside within a 45-mile radius of the McCallum. This year, we had 163 community members audition. 90 were selected and will participate, and they're spread on 20 different acts. Ages in the cast this year are 10 through 79. In 2024, this community project attracted 2,325 community members that came and participated as audience. We generated over $67,000 in ticket sales and garnered $218,093 in sponsorships. This year, our finalists come from all corners of the valley, and some have strong connections to our Palm Desert schools. Tickets start at $20, and we'd love to see you there. We want to close with a clip from a mini-documentary we produced a few years back about our aesthetic education program. We think it speaks to the core of the values that underlie all the work that we do in Valley schools and in engaging the community in the arts at McCallum.
[01:26:56] Video Speaker: We don't know who the next Picasso is going to be. We don't know who the next person on Broadway is going to be. But having our partnership with McCallum Theatre Education, that opens up the opportunity for every one of our students at this school, and I couldn't be happier.
[01:27:11] Video (Audio): Can you... can I float down a river with you?
[01:27:23] Video Speaker: The aesthetic arts program I've been involved in for about seven years. They have workshops that come to us. They have guest teachers who actually come to our classroom, do like about a four-week workshop with the kids, and then we come to the program and we see the show in person, and then they come back one more week later and we do like a recap and a reflection of everything they've learned. It makes art real to them and something that you never find in a textbook.
[01:27:55] Video Speaker: Something I've discovered through going through this program is that I can think and are more creative than I thought I was.
[01:28:03] Video Speaker: They're having experiences that a lot of students never have the opportunity to have. So, they're just thirsting and asking for more. And what I see happening is a student who's reluctant to raise their hand in a classroom typically for a math lesson or a social studies lesson feels very, very comfortable and it's very, very inviting within this format. And that hand goes up and amazing things come out of their mouth, and the lights go on not only for that child, but also it's how the other students in the class now see that child, and that transforms onto the playground, into the classroom, and outside of the classroom. It's huge.
[01:28:49] Presenter: Thank you so much for your time and attention, and please let us know if we can answer any questions at this point in time. Thank you so much.
[01:28:54] Speaker: And Councilmember Quintanilla represents us on the education component in McCallum, please.
[01:29:04] Councilmember Quintanilla: I am very proud to be the liaison because I get to tell people the amazing work that you do. Not only do you help build the confidence of our students, I hope that you can tell people what is the number in thousands of students you served in the pandemic across Southern California giving lessons on Zoom, roughly. How many was that? That was an astronomical amount that you can take credit for.
[01:29:24] Presenter: Yeah. Well, we actually served more students during the pandemic than we do in a normal year. So, the number was just over 50,000.
[01:29:39] Councilmember Quintanilla: I love also that not only do you say, 'Okay, teachers, here's what you do, do this,' you create the curriculum, you give them a pre-test, evaluations, and the artists, so it's a full immersive experience. I love the fact that we've had discussions on making the awareness that the McCallum has accessible pricing...
[01:30:02] Council Member: for different events and making the community a part of the theater. And I really can't say enough good things about what you do that extends beyond that. Kids outside of our school district, outside of the boundaries that would not have the opportunity to travel here because buses are expensive, you bring it to their classrooms. I remember seeing a video where it was a dance lesson and there was one of the performers was in a wheelchair. So again, it normalizes that I can do more regardless of my abilities or what somebody may see as a limitation. So I commend you both for all the work that you do, for your creativity. Kaisa is very humble, but she actually writes the final piece for the open call bringing everyone together. She's very talented and her heart just pours out with what she does. So thank you. Thank you. Thank you. Thank you. Are there any questions? No.
[01:31:02] Council Member: And in addition to that component, which is so important, it's so great when we get to hear—and I sit on the board as well and I hear about the top-name performers who contact the theater and say, 'This is where I want to perform because it is so excellent in every way.' The audio, visual, everything is great. And it's wonderful to see that. And it really is one of those things we're so proud of at our city. So, thank you very much. Thank you. Thank you.
[01:31:38] Mayor: Okay. So, no one should have questions about the McCallum Theater now. That's for sure. We know everything. Okay. Are there any comments from the City Manager?
[01:31:47] City Manager: Mayor and Council, I'd like to invite up Chief Beverlin to give us an update on a change in the city's ISO rating—so, Insurance Services Office rating.
[01:32:02] Chief Beverlin: Good afternoon, Council. Before I give an update, I just wanted to say thank you all again today for the groundbreaking. I got there pretty early and saw city staff just working their tails off to make a very nice product. It was very well done and very well received, and just a big thank you from the Riverside County Fire Department. In regards to the ISO rating, just a little context on that: the Insurance Services Office is responsible for evaluating fire departments to kind of identify the qualities that the fire department can extinguish a fire in a certain amount of time, meet certain standards. The score that the Insurance Services Office takes into calculation a lot of parts. That's dispatching, staffing, apparatus, the water system for the fire hydrants—all of those are tested, and then they come out with a rating. That rating is shared with insurance companies, and that is part of the insurance companies' equations and how policies are built and the cost of those policies to residents and business owners of the community. So, with that being said, last time we were evaluated, I think, was in 2018, and we had a rating of three out of 10, which is pretty good. Our new rating is now going to be a classification of two, which is a very good improvement. To put that into context for you, that's about, out of the 38,000 and change fire departments across the nation, that puts us in the top 6.5% of fire protection classifications across the nation. So, we're doing good. The new fire station is definitely going to help in improving that score even more, and I look forward to the next time they come to town to do an evaluation. Maybe we'll even be a one, which is fantastic. So, that's the end of my report, and I'd be happy to answer any questions if you have some.
[01:34:11] Mayor: Any questions, comments?
[01:34:14] Council Member: Great work. In fact, that's surprising. You would think the rating might have gone the other way, taking into consideration the growth that's happened in our city before we've had the new station come on board. So, how do you account for the better rating?
[01:34:29] Chief Beverlin: Well, I probably should have added that this is a combination of the three cove community cities added all together. So, all three cities improved from a three to a two. And so the collaboration that we share with each other helps us provide that excellent service to all three cities. And it also included the water district. They improved a lot of the scores that they had from the previous time, too. So we do have some improving...
[01:35:01] Speaker: ...to do, to be able to get to a one, but I think someday we'll be able to.
[01:35:06] Speaker: If I may, I know that not everyone knows what the Cove communities are, and it's Rancho Mirage, Indian Wells, and Palm Desert.
[01:35:14] Speaker: Yes, ma'am, for those who may not know.
[01:35:16] Mayor: Any other comments or questions? Okay, thank you. So, thank you very much. Okay, is there anything else?
[01:35:25] Speaker: Nothing additional. Thank you.
[01:35:27] Mayor: Okay, we'll move to the council member reports and requests for action. Can we start with, let's see, Council Member Petto? Says no. And I'll go to Council Member Quintanilla.
[01:35:45] Council Member Quintanilla: Thank you very much, Madam Mayor. This week—last week on Thursday, I had the opportunity to fill in for Mayor Pro Tem at the Animal Campus Commission meeting. And first, some of the good news: Tamara Hedges was representing the Palm Springs Animal Shelter and also works with the Wildlife Rescue Center, and she said, 'As much as we love animals, don't be a bunny napper. Don't be a kidnapper. When you see a bird that fell, when you see a little rabbit, don't go and touch them and think you're going to help them, because you may actually be doing more harm. So reach out to them to see what the best way to do it is, so you're not inadvertently reducing their chances of survival,' which I thought was very interesting because, as animal lovers, our instinct is to go and help. Something that has been in consideration, and previously when I was chair and having conversations with the current vice chair, Council Member Steve Sanchez in La Quinta, was: what can the Coachella Valley do to improve the quality of services and financial oversight that we can have locally? And we discussed: is it possible to create and separate from the county services? I had had a conversation with our then City Manager, Mr. Hileman, and he said it's possible—that it is challenging, but it is possible. And Council Member Sanchez proposed the idea that we consider a Joint Powers Authority, and it'll go back up to a vote. We're still trying to discuss that in terms of: are the cities willing to even put money forward for a feasibility study? I think the estimate was for about $115,000, and some of the comments at the meeting were saying that's a drop in the bucket considering that the county awarded a $2.66 million budget to a consultant without an RFP, when the City of Los Angeles paid her $125,000 to do the same thing. Another key point of why the community continues to feel a lack of trust is, as people are finding out, is this consultant reputable with what they're doing? And what was brought to my attention was litigation that resulted from her involvement that resulted in a change in a Senate bill in the state of Virginia regarding disclosing animals with an aggressive or bite history. And I do warn that this is disturbing, but as a result of not publicly sharing records, changing animals' names, or destroying records, they were adopting animals without disclosing the bite history. An animal went from their county shelter to another organization, and they released a pit bull to a 90-year-old woman with a shock collar. No bad dogs, only bad owners. Unfortunately, that should have been a warning sign—the dog has a shock collar. Is this 90-year-old woman the best fit for it? And within six hours, she was mauled to death. These are considerations as we look at: are we doing the best for our residents with our budget, with our money? Are we doing the best possible? So, I know that'll be an ongoing consideration. I know we'd had previous discussions about bringing forward the request to have a formal study session. See, what does our contract say? Are we getting what we're supposed to? Are we overpaying? Are we underpaying? Where do we stand with our responsibilities to Animal Services and their responsibility to us? I think that in the original contract from I don't know how long ago, it was supposed to include blood testing for Lyme disease and things that may not be included. So, just a good...
[01:40:01] Council Member Standi: ...opportunity to look at the system overall. So, that was a big discussion that continues again. Are we doing our part? So, that was the bulk of my report for the week. Thank you.
[01:40:15] Council Member: Okay. Thank you, Council Member Standi. At today's energy and environmental meeting, we had a presentation by the South Coast Air Quality District regarding their Rule 1111 and 1112 to phase out water heaters and furnaces. So, they gave us a presentation and shared their data, but our committee could not give our support to these two rules. The case was not made for any measurable health benefits, but the costs would far outweigh any benefits that we could see at this point in time. So that's my update.
[01:41:00] Mayor Pro Tem: Thank you, Mayor Pro Tem. Yeah, I just want to, well, considering it's National Library Week, but regardless of that, I want to also give a big shout-out to the library staff. Finding Gobi, the One Book program, was a home run. It was a great read, a great book. And I was able to attend the Friday program that was held in conjunction with the Living Desert. I thought that was about the best tie-in. It was really neat to have the expert from the Living Desert there talking about the local area where the book took place. So, just hats off to the library staff. It was a wonderful program. Look forward to more of it. So, thank you.
[01:41:39] Mayor: Okay. Thank you. I have a few things, and I feel the need to say it, so I'm going to. We have gotten reports from people with Teslas in our community that there have been tires slashed and dents and acts of hostility. I want to remind everybody that the people who bought the Teslas just thought they were doing the right thing. They were complying with the state mandate, and now they are being punished by their neighbors for having done what was mandated by Sacramento to do. So if you see something like this happening, let the sheriffs know because this is not okay, and we must put an end to it. At Riverside County Transportation Commission, we did entertain the thought of taking all of the call boxes that are on the 10 away. There are a couple of issues. It was interesting. The Coachella Valley and everything east of the pass lost this vote, and on the west, they don't need them so much because it is so highly populated. But we have vast expanses of roadway that have nothing on it. And you'll hear people say, 'Well, everybody has a phone.' Well, everybody doesn't have a phone. And if somebody has a phone that has lost power, they're not going to be able to use the phone that they do have. So, we are working to try and get some sort of connectivity out there. I'm saying this because at some point we may need your voice because we do need—maybe it's the cell towers out there—but we need to protect people who are out in the middle of the desert whose cars may break down. We need to keep them safe. Remember, it's Crime Victims' Rights Week, and this is a big issue. And when you hear the story of these families of crime victims, it's compelling; you want to support them. And in the back as you leave, there are some ribbons. Please take one, please wear it, please let people know that you support that effort. And on the upnote, if you haven't been to Glow in the Park at the Living Desert, it concludes at the end of April. Please go, please see it. It's amazing, it's wonderful, and it's a great experience. And also, we had Coffee with the Mayor on Tuesday. It was a wonderful turnout of community members, and it was particularly great because we had the communications class from CSUSB. They came out, and it was wonderful to see our staff, the Palm Desert team, talking to these students about how great it is to work at the city. So that was a great moment, and it was wonderful to see. And those are my comments. So, we'll now move to non-agenda public.
[01:44:40] Council Member: One final comment, Madame Mayor. For anybody that's interested, on Sunday, the Firebirds are hosting an Autism Awareness Night. So, I think a part of the proceeds are going to go to one of the autism foundations locally. So, Sunday, Firebirds Autism Awareness. Thank you.
[01:44:57] Mayor: Certainly worth supporting.
[01:45:00] Mayor: Okay, we'll go to non-agenda public comments. And it's a time that we set aside for the public to address the City Council. There's a three-minute limit. And Mr. City Clerk, would you like to provide some housekeeping comments for us?
[01:45:15] City Clerk: Yes. For those on Zoom, if you want to participate in public comment, please click the raise hand button on your computer or smartphone. And if you're joining in by calling on your phone, please dial star nine to raise your hand. And when called upon, press star six to unmute yourself.
[01:45:31] City Clerk: And Madam Mayor, there's no public comments online.
[01:45:32] Mayor: Thank you so much. Okay, I have three cards. I'll start with Miguel Gonzalez. This is for a non-agenda item. Welcome.
[01:45:46] Miguel Gonzalez: Hello. Good afternoon, Mayor and City Council members. My name is Miguel Gonzalez. I'm a student at College of the Desert. Through my involvement with the Forte project, I've learned how local action can protect communities like ours from harms of commercial tobacco. I'm here today to urge you to adopt a comprehensive tobacco retail license that would strengthen enforcement and reduce youth access and support the health of Palm Desert families.
[01:46:14] Miguel Gonzalez: According to the American Lung Association's 2024 report, Palm Desert received a C-grade for overall tobacco control. While we've made progress in areas like smoke-free outdoor spaces, we're falling behind when it comes to regulating tobacco sales. Currently, there is no local licensing system for tobacco retailers. Without one, the city has no reliable way to track which businesses are selling tobacco, ensure they are following the law, or take timely action when violations occur.
[01:46:49] Miguel Gonzalez: A local tobacco retail license would allow the city to monitor sales more effectively, ensure banned products like flavored tobacco aren't being sold, and enforce the legal sales age of 21. While it won't eliminate youth access entirely, it will reduce and hold retailers accountable.
[01:47:07] Miguel Gonzalez: This kind of policy is especially important in a city like Palm Desert, where there are more than 40 tobacco retailers operating today. A licensing system would give the city the ability to prevent sales near schools, parks, and other places where youth gather and support healthier retail environments across neighborhoods. It would also help advance health equity. Communities most impacted by tobacco-related illness are often those targeted by tobacco marketing and retailer clustering. A strong local license gives Palm Desert a tool to protect families, especially in areas that need it most.
[01:47:46] Miguel Gonzalez: As someone who studies here, I care deeply about the health and future of this community. A local license would give Palm Desert the tools it needs to strengthen prevention and step in when state enforcement falls short. Thank you for your time and consideration.
[01:48:01] Mayor: Thank you. And we are allowed to briefly comment, and I will share that when the survey was done and we received a C, it was only because the person who had done the survey didn't realize that we had banned all smoking in all of the housing that we have. So we had, because of that, raised it a little bit. Thank you very much. It's an important topic and I appreciate you bringing that to us today.
[01:48:23] Miguel Gonzalez: Clarification. Thank you.
[01:48:26] Mayor: Our next is Mike Morsch.
[01:48:35] Mike Morsch: Good afternoon, Mayor Harnick, Mayor Pro Tem, council members, and staff. I wanted to come up today to just thank everybody in the city for what they do. I don't think enough credit is given to all of you and staff. The more I learn about the city and the going and the workings there, I really have a deeper appreciation for what you do, and your quick response to my many questions are also appreciated. Thank you.
[01:49:12] Mayor: Thank you. And our next speaker is Joseph Gonzalez.
[01:49:27] Joseph Gonzalez: Good afternoon, mayor and city council members. My name is Joseph Gonzalez. I'm a student at College of the Desert and I'm also a fellow of the College Corps Program. I'm here to speak about the continued sales and use of flavored commercial tobacco in Palm Desert. Why the city must do more to protect young people from these harmful and illegal products is flavored tobacco remains widely available in our community despite being banned under—easy, my bad—banned under California laws such as SB 793, AB 3218, and SB...
[01:50:03] Mr. Gonzalez: 1230. These products are highly addictive, easy to conceal, and clearly designed to attract youth. With the sweet flavors like cotton candy and packaging that resembles my bad, tired um rather than a harmful substance, it is no surprise that 97% of the teens who vape use flavor products. Flavors are often the first step of getting young people hooked on nicotine. Exactly what these laws were intended to prevent. Through my work with the forte project, I learned about a recent decoy operation that was conducted here on desert. Out of the 22 stores visited, eight illegally sold tobacco to individuals under 21, including one that was 17 years old. Investigators also found that every store had flavored products on display and were sold the most. These laws are only effective when they are enforced. Without a local tobacco retail license or meeting action at the city level, retailers continue to violate state laws without consequences. Palm Desert is where I spend most of my time studying and visiting my friends because that's all I do. But it should be a safe and healthy environment, not one where youth are surrounded by products but endangered through health and defy the law. I urge you to adopt a comprehensive tobacco retail license, one that enforces existing laws, holds retailers accountable and puts public health first. Thank you for your time.
[01:51:41] Mayor: Thank you very much, Mr. Gonzalez. And it is an important topic and we'll look. Thank you very much. Okay. Are there any—is there anyone online or... Okay. We'll now move to the consent calendar and this is all—matters listed on the consent calendar are considered routine and may be approved by one motion. Is there anyone who would like to pull anything on the consent calendar?
[01:52:07] Councilmember: Item Q, Madame Mayor. I'm sorry.
[01:52:10] Councilmember: Item, I think is Q. Item Q.
[01:52:14] Mayor: Okay. Is there anything else?
[01:52:18] Councilmember: If there is nothing else, I move to accept the balance.
[01:52:21] Councilmember: I'll second.
[01:52:23] Mayor: Okay. And I would like to pull something also. I'd like to just pull N. Okay. And nothing else. And I do have a comment on one item I'd like to provide, but I don't necessarily need to pull it. So, we have a motion and a second. And with Q and N pulled, I would like to comment on E because this was brought up at the DEIS and so I'd like to address it and they were two letters for Senate bill and an assembly bill. We did choose to support the Senate bill. It is government at its best. The Riverside Sheriff uses the association or uses this. It's the blue envelope program and it's outstanding. It's if anybody has any needs, special needs, they have it with them. If they get pulled over, they can hand that to the deputy and establish some sort of communication and understanding through that blue envelope. The other we said we would monitor. There is no financial support at this time and so we are not comfortable supporting it until we know more. So we are monitoring it. So those were my comments. Can we have a vote please?
[01:53:49] Mayor: Motion passes 5 to zero. Thank you. And we will take these—I'll take them in alphabetical order. So, can we do 13N?
[01:54:07] Erica Powell: Erica Powell with public art. I'll take any questions.
[01:54:09] Mayor: And this was a proposal for public art and alpacas sculpture maintenance services and we—there was an issue with the proposals and we want to go out but we said what—what the recommendation is is to authorize staff to negotiate and the city manager to execute a six-month contract while we go out again. And I just wanted to know, do we have a maximum? What are the parameters?
[01:54:38] Erica Powell: Yes. Um, we're looking to negotiate with Rice Construction at the rate, we had two successful contracts with Rice at the rate of 90 per hour. Our current contract is at the rate of 80. With Same Day Express, their new proposed rate is 95. So, we'd like to negotiate the rate that we used with Rice Construction at...
[01:55:00] Staff: ...90 to have that six-month contract while we go out for bid again.
[01:55:03] Council Member: Okay. And if you needed to go above, what would be that max?
[01:55:08] Staff: It would be the 95, but the 90 is above the prevailing wage rate. Materials and overhead costs would be additional, as our current contract is consistent with that same setup.
[01:55:24] Council Member: Okay, great. Thank you. That was what I needed. Yeah. Let's try and take N and Q at the same time. So we'll go to Q and maybe we can do it. It's amendment number one to contract number C470770 with Flock Safety for expansion of automated license plate recognition (ALPR) system appropriation and use of citizens option for public safety/supplemental law enforcement service funds.
[01:55:52] Daniel Hurtado: Good evening, Mayor, members of the City Council. Daniel Hurtado, Public Safety Analyst, here to answer any questions.
[01:55:58] Council Member: The reason I asked for info on this item is I have found a lot of the community appreciates knowing the financial impact, not just the public safety element. And I know that it was in one of the staff reports how much was recovered in stolen property. And I think at one point or previous reports we also had the information on how much was intercepted in illegal guns, weapons, and also narcotics. I believe it said that that goes to the Public Safety Committee, but I think it would be wonderful to have any of that information for those that don't participate in that. And again, what the economic impact is in addition to public safety.
[01:56:46] Daniel Hurtado: Thank you, duly noted. And I'll work with our Sheriff's Department for that reporting mechanism.
[01:56:48] Council Member: Thank you. Much appreciated. But I would like to mention, if perhaps the Lieutenant or perhaps you can share with us, we recently had a rash of assaults and, I guess, robberies on the USPS workers, and it was over Southern California. But can you tell us how the ALPR has played a role?
[01:57:12] Lieutenant Porus: I can't go into great detail, but I can tell you one thing is there was over six or six to eight robberies that occurred through Southern California. It wasn't until they came to Palm Desert that we actually had leads, and we were one of the agencies, the main agency, that ran the investigation. So, this technology is paying off in several different ways. Not only for obviously catching criminals, but let's not forget the impact of, you know, people who are missing. We've had, you know, 'my father, my spouse left in the vehicle, they didn't know where they're driving.' It's because of this technology that we can find them quickly. So, I want to thank you for the city investing in this technology, allowing us to do our job, allowing us to catch people who decide to come into our city and commit crimes from out of the area. And this investigation took us to Los Angeles and into the heart of the city. And if it wasn't for the technology, you know, we wouldn't have had the information we needed to get these people. So, thank you.
[01:58:25] Council Member: Thank you. Any other questions?
[01:58:28] Council Member: I do. Thank you, Lieutenant Porus. Um, this will bring us up to 113 cameras throughout the city. Is that right?
[01:58:36] Lieutenant Porus: No, we currently have 113, and this is an additional 44 to... so it's going to push us... you can do the math really quick.
[01:58:44] Council Member: 157. Okay.
[01:58:45] Council Member: Um, so would that be considered built out or complete, or a sufficient amount of coverage moving forward?
[01:58:54] Lieutenant Porus: That's always a question that we always assess between the city and staff and ourselves. We assess areas that, hey, you know what, this area is not working out. We need to either remove some cameras or add a couple cameras here and there. So, that's something that's always an assessment. And at that point, we will report back and say, 'Hey, I think we have enough cameras or we need more.' So, it's an ongoing assessment.
[01:59:18] Council Member: And I know we had talked about at public safety about the shortcomings of the system, where they were unable to identify license plates above like 80 miles an hour on the cars.
[01:59:30] Lieutenant Porus: Correct. So, some of these cameras are higher speed cameras.
[01:59:33] Council Member: Okay.
[01:59:35] Lieutenant Porus: So that's the ability to be able to capture those cars that go at a higher rate.
[01:59:40] Council Member: So among this 44, some of those are...?
[01:59:42] Lieutenant Porus: Correct, and get those 100 mph bad guys. Yes. Unfortunately, we hopefully don't have those, but there's some instances that those cars do travel that fast and they're not able to get captured on the camera. Hopefully we can be nimble enough that with technology changes as we build out, we'll adjust those cameras as needed.
[02:00:02] Mayor: Okay, any other questions or thoughts?
[02:00:04] Mayor: No. Thank you so much. So, can we have a motion for both of them to approve?
[02:00:10] Councilmember: I make a motion to approve NNQ.
[02:00:14] Mayor: Okay. Is there a second?
[02:00:15] Councilmember: I second.
[02:00:16] Mayor: Please vote.
[02:00:20] Mayor: Motion passes 5 to 0. Thank you. We'll move to 14A, which is our action calendar: consideration of approving an interim city manager employment agreement.
[02:00:37] Staff: Mayor, I can offer a report. So, during its closed session meetings back in March, a month ago, the city council first appointed Chris Escobedo as interim city manager for the city and then subsequently discussed the terms of an employment agreement to establish Mr. Escobedo's compensation, duties, and related provisions. And so tonight's item is the proposed interim city manager employment agreement that's resulting from those discussions.
[02:01:04] Staff: Under the Brown Act, the city must orally report a summary of the recommended action during the open meeting in which the final action on executive compensation is taken. So accordingly, the key terms of this proposed agreement are as follows: compensation in the amount of $270,000 annually, which will be paid on a pro-rata basis, and then continued payment of health and other benefits which were consistent with Mr. Escobedo's previous role as assistant city manager, and that's without change. That completes my report, and staff and myself are available for questions. Thank you.
[02:01:39] Mayor: Thank you. Are there any questions or comments?
[02:01:41] Councilmember: Only comment: thank you very much. I appreciate that you've come on board the way that you have, being welcoming to our ideas from what I hear from staff, and just very happy that you have considered and accepted. So thank you, much appreciated.
[02:01:59] Mayor: Any other comments or thoughts? We'll entertain a motion.
[02:02:01] Councilmember: I motion to approve.
[02:02:04] Councilmember: Second.
[02:02:07] Mayor: May we vote? Thank you.
[02:02:10] Mayor: Motion passes 5 to 0.
[02:02:14] Mayor: Okay, we'll now move to 14B: Provide direction on library foundation considerations. And can we have a report, please?
[02:02:32] Gary Schaefer: Good evening, honorable mayor, members of city council. My name is Gary Schaefer, director of library services for the city of Palm Desert. Today, we are seeking your direction on a city foundation. As you are aware, the city assumed library operations on July 1st, 2024. Shortly thereafter, in August, city council authorized the formation of a city foundation. Cities and libraries operate foundations to seek donations to augment revenue beyond tax dollars. In the case of libraries, it is often to supplement collections, programs, author talks, and new or renovated buildings.
[02:03:14] Gary Schaefer: In February of this year, city council had further discussions regarding the foundation and asked that additional research be conducted. Specifically, you asked us to look at other civic and library foundations as well as our local community foundation; how city council could ensure the foundation adhered to the city's vision and mission and would remain under the city's oversight; how city council could ensure proper fiscal oversight; and whether the Friends of the Library could perform foundation functions. So, we focused on eight foundations and one friends group. Two of the foundations are civic or non-library foundations.
[02:04:03] Gary Schaefer: For our methodology, we wished to look at Southern California-based entities for comparison purposes and to include two of our neighboring cities, Palm Springs and Rancho Mirage. We also wished to include corresponding entities to the civic foundations we had identified. We found differing levels of activity, ranging from Carlsbad, where the foundation manages existing endowments which generate funds for the library but they do not actively fundraise, to Newport Beach, which actively fundraises for a speaker series and a capital campaign for a library addition.
[02:04:42] Gary Schaefer: We did not include any communities or libraries that do not have a foundation, as there would be no data, and we winnowed away some foundations as the data and activities were either redundant or the data was sparse. Council can maintain strict...
[02:05:01] Staff: Oversight and ensure proper fund management by putting in place robust governing documents. These would include such as a memo of understanding, a gift acceptance policy, both of which there are samples in your packet, and donor agreements for large gifts. The foundation would not accept any gift that compromised the city's values. Further, the city council could insist the city's finance department manage the foundation's bank account and books. This would ensure all the city's financial policies are followed. The memo of understanding could even include a dissolution clause. And last, IRS regulations and requirements would keep the foundation mission aligned lest it jeopardize its 501(c)(3) designation.
[02:05:57] Staff: So in looking at the Friends of the Palm Desert Library, they are a chapter of the Riverside County Library System and thus they are not a standalone 501(c)(3). The county actually would like them to separate. The Friends of the Library also do not really see themselves as professional fundraisers. In terms of the Desert Community Foundation, they would require to set up a library fund. They would require a $50,000 initial deposit. Donation checks would need to be payable to the Desert Community Foundation with a note indicating the donation should be earmarked for the Palm Desert Library. They did indicate that an online button could be set up for credit card donations if we wanted to go that route. Council may of course opt to use the general fund to supplement tax revenue to fully fund the library. This budget is presented for illustration purposes only. The county funds are only an estimate for now as they will not be finalized until August.
[02:07:20] Staff: So the options before Council this evening are: one, to proceed with establishing the foundation; two, discontinuing the effort; or three, proceed with setting up a library fund at the Desert Community Foundation. We await your decision and are available to answer any questions you may have. Thank you.
[02:07:41] Mayor: Thank you. Are there any questions?
[02:07:46] Councilmember: Just questions because we have a speaker. Questions of our director. Question: can you please bring up the slide again that shows the income and the Riverside County, that wonderful spreadsheet?
[02:07:58] Councilmember: That one. Thank you.
[02:08:10] Councilmember: Would it be possible to leave that up as we have discussion? I think those are important numbers to have. So, I don't have any questions at this time.
[02:08:21] Councilmember: Questions. The 2.3 million expected, is that on the low end of the expectation or in the middle? I don't anticipate you would estimate high.
[02:08:33] Staff: We did not estimate high, and in fact, the county estimated a bit lower than that. Thankfully, our finance director went in and did some calculations, and she feels comfortable, I believe, with this number right now. We're obviously hopeful it comes in even higher, but we need to estimate conservatively.
[02:09:00] Mayor: Questions?
[02:09:04] Councilmember: Questions? Questions? Well, he's going to be here, so he doesn't get to leave. We're to finish.
[02:09:08] Staff: I don't get to leave.
[02:09:10] Councilmember: Obviously, you have experience at other library systems. You've worked with foundations in the past, correct? Some of the shortfalls that you've had in the past, maybe, or pros? I mean, I guess since you're here now, I'd like to get your opinion on that.
[02:09:32] Staff: Not every library has a foundation. Some do, some don't. There certainly can be challenges. I think the robust documents—the gift acceptance policy, the MOU—surprisingly, many organizations don't have those, and so I think those kind of things really strengthen the partnership.
[02:09:53] Councilmember: And are those same caveats available through the DCF, as far as...
[02:09:58] Staff: I don't believe there would be.
[02:10:01] Staff: And we'll certainly look at a gift acceptance policy, I'm sure. Thank you. Any questions?
[02:10:08] Councilmember: Okay, now they're more... now my... the questions are coming more readily. So, you may not know this, but maybe staff does. Are all charitable gifts to a government agency tax-deductible, or are charitable gifts to a government agency without an established 501(c)(3), are those tax-deductible to an individual?
[02:10:31] Staff: I would defer that to our Finance Director.
[02:10:35] Finance Director: So, we did look into this when we were first researching about the foundation. It's not anything that we would give them a tax form to do that, but they do have the ability to include it on their taxes.
[02:10:50] Councilmember: Okay. So, so one advantage to the 501(c)(3) is clarity to the donor.
[02:10:57] Finance Director: Correct.
[02:11:00] Councilmember: Okay. More questions. We're in the question phase, not the comment phase, right? Okay. We're asking questions while we have... I think this actually, this might be more for Veronica. Um, when we withdrew from the county system and founded our own municipal library, the Riverside County, I think it was clear all along, but it became clear at least to me that they had set aside $4 million for capital improvements by virtue of having taken property tax revenue from our residents. Part of it was given for operations, but a separate fund was set aside for capital improvements. Will that be true moving forward?
[02:11:44] Veronica: No. All funds that we receive from the county are considered general fund monies and can be used for operations. We, the city, would do a reserve study for that facility and reserve based on what that concludes.
[02:11:58] Councilmember: Okay. So, through the process of withdrawing from the county system and setting up our own municipal library, we're on the hook for all capital improvements to our standalone library.
[02:12:04] Veronica: Correct.
[02:12:06] Councilmember: Got it. Thank you. And to be clear, the money that we're getting from the county is technically general fund money that we could allocate to anything we want, but we're choosing to take that increment and address it to the library because that's how the county was dealing it.
[02:12:24] Veronica: Yes.
[02:12:29] Mayor: Any other questions? Okay, we do have... is there anybody on Zoom who would like to speak to this?
[02:12:40] Staff: No online comments, Madam Mayor. We do have one blue card: Jan Buller.
[02:12:58] Mayor: Jan, if you can get that... yeah, so everyone can hear. Thank you. Okay.
[02:13:07] Jan Buller: Honorable Mayor, Mayor Pro Tem, Councilmembers. Yes. All right. I'm Jan Buller. I live at 73110 Samra Road in Palm Desert. The city is moving ahead with a capital project to build a new library, and I think it's highly desirable to set up a foundation to which Palm Desert citizens and others interested in the City of Palm Desert can contribute directly to the project, to the new library and its building.
[02:13:37] Jan Buller: I think a foundation would be timely and beneficial to the city's future. Many residents right now are excited about the new library and the near-term plans for construction. Now, before construction begins, is when it's the ideal time to enlist donors and contributors. They can show support through a range of financial contributions to the library. In return, donors will receive recognition such as a plaque, inclusion on a donor wall, naming rights, and in other ways. Having a stake in the new library now will encourage downstream support for it. This will take the form of library usage as well as potential sustaining contributions.
[02:14:33] Jan Buller: Future support can include money and other gifts, such as real estate or art, as well as other means, such as volunteering. A foundation capable of accepting multiple types of tax-deductible contributions can benefit the library now, and it can accommodate sustaining contributions to the library in the future. A vibrant library...
[02:15:00] Speaker 1: ...benefits the community by offering recreational, educational, and vocational opportunities. An attractive library with a range of interesting programs and resources also attracts tourists and seasonal visitors. They are an important component too of Palm Desert's economic base and civic success. I urge you to move forward with one of the two foundation options proposed in the staff report. I thank you for your consideration and for your continuing service.
[02:15:38] Speaker 2: Thank you. Okay. Is there—do you have any other speaker? Any other? No. Okay. Okay. Questions, discussion, comments, comments?
[02:15:57] Speaker 3: I'll jump in first, I guess. Um, in looking at the chart that staff provided in terms of, um, the different cities and how their foundations worked and what their end of the year balance was, and comparing that to the per capita income, what the benefit is to each resident. For Rancho Mirage residents, it results in $137, but that's because they have an observatory. They're offering something unique. In Beverly Hills, they have the Community Foundation, which enhances services and programs provided to the community, and the Friends of the Beverly Hills Library, which in addition to library services, um, commissions artwork. So again, we have two separate functions: one for the library and one for community services. Um, Newport Beach, it averages out to $46 per person. And there were two, um, two libraries that included comments about capital campaigns. One is the Palm Springs Library. They're renovating after 100 years. And the other is Newport Beach. They are raising a 20—there, $23 million for a new amphitheater that seats 299 people, which is exactly what UCR Palm Desert already does. So, it's not like we would need to expand any further than what is, is going on here. In Riverside, the Community Services Foundation advancing, maintaining public parks, recreation, community services, and the library foundation receives no general funds. In the city, or for the Riverside Foundation totals, out of their 361 million in general funds, they're spending 61 million for parks and rec, which means it's 17% of their general fund. In Beverly Hills, out of their 345 million general fund, they're spending 3.5 or 35.9 million, essentially 10% on parks and rec. And in comparison to the city of Palm Desert, where we have our general fund of $83,633,112, when we combine the operating budget of 2,124,500 and the maintenance fee of—maintenance, um, costs of $1,497,000, it totals 3,711,500. That's less than 5% that we're spending from our general fund for parks and rec. So, I'm concerned when we talk about having a foundation that is not only for the library but would allow people to donate for all kinds of things. If we move forward with a foundation, we need to be sure that we separate very, very, very clearly what is intended for the library, that we have a very strict MOU of where it will be used. Um, a lot of the great things that they offer was, um, digital media, um, speaker series, lending libraries—we're already doing that. Another reason I'm concerned about pushing for, for donations is this is part of why we asked to pass the tax measure. And, um, what was it? Part of the, the background that you see on the city website includes language that it says 'for senior and library services.' The actual language for the ballot measure, it says it's for roads, parks, youth, and senior programs, which in my opinion would also include the library, and for general government use. That's a blanket that lets us decide where we want to allocate those funding, that funding.
[02:20:00] Speaker 1: Um, so I think that while we're looking at what's ahead, we're going to get that $25 million increase. We need to stick to the course of what we've got, our beautiful library, and we don't need to start pushing to have another capital campaign of what could come down the line when we know what we're doing now. We trust our staff. We trust our library director. And we need to restore—or not restore, but maintain—our integrity of what we told our residents we would be doing with our Measure G money.
[02:20:39] Speaker 2: I'm trying to find perhaps some common ground here because I know, Mayor, you've been wanting a foundation for several years, and more than a decade—more, more than a decade. And if we simply form a 501(c)(3) and with just a little effort that the community is aware we have a 501(c)(3), they could donate it and then they know that their donation is tax-deductible without having the larger foundation that is out there calling people up asking for money and donations. Is there some type of middle ground that addresses that?
[02:21:30] Mayor: I don't think we need a middle ground. What we need is a foundation. And I'll talk a little bit about that. We don't have guarantees for income. And when we talk about Measure G, I know how it was written. I know how the measure was written. I know what it said. I know what the argument said because I wrote it. It was about the safety and the overall health of our community and having, as we read when we read the proclamation about what libraries provide to a community, provide to our children, our visitors, our seniors. It provides health. It provides lifelong learners. It provides quality of life and living. And that's what we want to do. A foundation, whether it's in Atherton or whether it's in Rancho Mirage, when we try and get a number that says it's this much for that many people, those are squishy numbers because it provides something for people who are coming in from outside of our city. It provides growth, health, and lifelong learning to our visitors, whether it's from Indian Wells or whether they are from Canada. It provides an outstanding experience. We're not looking to settle for our library. We didn't settle for our fire stations, and we are not settling for our parks. Palm Desert standard is excellence. We were, most of us, at the Living Desert today. They didn't say, 'Let's build the Big Horn Cafe, then we're going to go ask for some money to support it.' They got out in front with beautiful visions of what that cafe would be to motivate people to donate so they could have their names on plaques or on walls or feel part of the community. And it worked. And that is an outstanding cafe. You don't wait till after it's done. You create the excitement before. It's a basic of fundraising. We're looking at these numbers as if they're like going to be when we look at how much it's going to cost, like we know what the future will bring. We've already seen a decline in tax revenue because of all the goofy stuff that's been going on. That 25 million was based on a different time. We're seeing things change. And I'm going to give a great example. Not only may our revenue change at some point, but when we in the transportation at CVAG decided to do the Monroe interchange, which includes a bridge over the Whitewater Channel two years ago, that was 117 million. It sounds like a lot. Well, today it's $177 million to do that same project. I guarantee you by the time we are ready to build that library, the numbers that we have today will be anachronistic in the whole.
[02:25:02] Speaker 1: ...equation. They will be meaningless. We need to prepare. It is not like Palm Desert to say, 'Well, let's see what happens.' We have always excelled because we prepare, because we look at the future. We did Measure G because we looked at the future, because we saw 6,000 new homes. We needed more deputies. We needed more parks. We needed curbs, gutters, and a fire station. It's not like us to say, 'Well, gee, why don't we just have an average library?' That's not the Palm Desert way. Palm Desert is about excellence. Whether it's art, whether it's safety, whether it's these chambers, and a foundation gives us that opportunity. Foundations are exciting to people who you don't even have to solicit. They're ready to give the money to make the difference in the community. A foundation is what we need. It's aptly named. It's a foundation. It's what we need to make sure we have the library that we say, 'You know what? What we wanted was a library.' Oh, I don't know. Maybe it could be like third best in the valley. Is that what we're looking for? And do we think really Rancho Mirage Library, it does well only because it has an observatory? One of the finest moments at the library in Rancho Mirage is when they take all the books out because they have the nation's foremost writers festival. We want projects. We want programs that will create the excellence that our community members and our visitors are used to. And that's what the foundation will allow us to do. So, I don't know if anybody wonders how I feel about a foundation. And I do know this: we don't want to use someone else's foundation. This is a moment where I'll get parochial. We want our city's foundation. We want to write guidelines that protect and support our city, Palm Desert. And there are many people who have great pride in Palm Desert and who, without us knocking on their doors, are going to be at our door to contribute to that foundation because of the pride of Palm Desert. Just like the Slaughter family who gave all that land over near the Cross and Capami Park, and just like the Hammy family gave us all that land because they are invested in the city of Palm Desert. There's no reason for us not to have a foundation. Does it hurt someone if we have a foundation? Will it take something from someone if we have a foundation? It's strictly an addition to our community. When we talk about the Friends, well, we've heard what the county said about their 501(c)(3). They're asking them to exit. They can be underneath the foundation, and they can support the foundation, but they're not going to be able to support it in the numbers that people have kind of said, 'Well, you can sell a couple books, that'll give us a million dollars.' I don't think so. But they are wonderful volunteers, and they will help us. And it's very similar to what we see when we look at the College of the Desert. They have a foundation there, and then they have the Academic Angels. It's a very similar model. We can do great things at our library, but only if we have the funds that allow us to do that. So, I'd like you to consider excellence in our library. I'd like everyone to consider providing the opportunity for great programming at the Palm Desert Library, and the foundation will afford that.
[02:29:22] Speaker 2: One more point. So you mentioned professional fundraisers then is what you envision for this foundation as opposed to volunteers? Would you, could you clarify that?
[02:29:33] Speaker 1: Well, a foundation will need somebody to run it. You will need an executive director. There's no question. And usually there are volunteers that will help with that. But these are things we have to decide. We're going to have to, if we're going to have it, then provide the guidelines and the framework for this entity. And plenty of cities have done it. And I was just talking to somebody...
[02:30:00] Councilmember: ...who is on the Atherton Foundation for their library. And all they do is—there are people who want to support their community. They crave supporting the community where they live, and they bring great programs to their community and every guest there. Other comments?
[02:30:28] Councilmember: Veronica, what can we anticipate moving forward from the county in terms of money dedicated for library services through property tax revenue? Like, in other words, are there almost like COLA adjustments built in?
[02:30:44] Veronica: So, there's not. I mean, obviously, anytime property transactions occur in the city, the growth is what we experience as a growth for our own property tax. And so, over time, it's anywhere from 3% to 20% increase in any given year. The 2.3 that I had estimated for this year is probably pushing us to our limit based on what I'm seeing come through. It's really hard to estimate, though, because unsecured is random every single year. So, comfortably, when I do projections with property tax, I'll keep it at 2% to 3%.
[02:31:31] Councilmember: So, this money comes from that unsecured property tax revenue, not...
[02:31:35] Veronica: It comes from both. So, the 2.3 number that I'm giving you is based off of our secured value. So, that's the one I can count on and I know it's absolute. It's the unsecured that I won't know until we see it come through a couple times.
[02:31:50] Councilmember: Yeah, okay. That's an aside. Unsecured property tax is an interesting mechanism. Yep, paying taxes on property you've already paid sales tax to purchase, which I paid through my business, which is an interesting way of generating revenue. Anyway, so I'll stay away from that one. Okay, so my point—and this is probably going to come as a surprise—but I'm looking at it from this angle, which is through the course of this process of moving from the county system to the municipal-run library, we've given library operations nearly a 60% increase in operating budget. And that's big, you know? And before this process, before I got on council, I don't think the library was really on anybody's radar, and all of a sudden we're talking about making this huge investment. I would imagine now we're asking for a $2.7 million operating budget, which would be about an 80% increase—my math, 80% to 90% increase in an operating... I mean, we were getting from the county an extra roughly 60% to operate the library, you know, an extra $800,000 a year that we didn't have before. That's great. We can do great things with the $800,000. Now we're talking about an extra 1.2 million in operating budget above and beyond what we did before. I'm happy to let that ride a while, and they're already doing great things. I wonder how firm we are in that 2.7. Is there anywhere that we can trim that 2.7? I mean, is that set in stone? I think we can achieve the same things with DCF without having to encumber city staff with, you know, more work interfacing with the foundation. So, that's where I stand with it. I'm perfectly happy to live off of the 2.3 million we get from the county, and hopefully we get a little more. If we need to pull a little bit out of the general fund, I'm happy to do that. And if people want to support the library, I think the DCF is a great avenue to do it. So...
[02:33:58] Mayor: What does anybody know what the retirement is going to... we are going to incur for all those staff? Because we're going to pay for that, too. So, I didn't realize you wanted an average library, because that's what I'm hearing from you right now. We want vibrant programming.
[02:34:18] Councilmember: If I may, I want to say thank you to Councilwoman Cintineia. That was brave to go first on this topic. You are bound to be pounced on by everyone, so thank you for that, setting up the tone here. But I, you know, I think, Mayor, you're filling in gaps of things that no one has said. I have not heard one person say we want an average or a third-rate library.
[02:34:43] Mayor: I haven't either.
[02:34:44] Councilmember: And yet, that's how you characterize what we are saying. And you say 'we' about a few things, and I think the 'we'—you say we want a great library at...
[02:35:02] Speaker 1: At least I agree with that. I think when we reference what other agencies are doing, and that's kind of what we're doing, best practices, we do fall into the trap of looking at chasing what other cities and libraries are and not thinking about who we are. I think we're on path to build a beautiful, first-rate library, and I'm going to hope that we deliver that and take a lot of pride in it. I also think that we do things a little differently already. Our library is open on Sundays; not many are. I think we need to continue to look at what makes us unique and embrace that. That's a first-rate service. I also think that we're trying to solve a problem, and the problem is if we don't do anything, we can still accomplish almost everything you want with a foundation. You've already referenced individuals have given to the city, so I think the argument would be a foundation would lead to more giving to the city, and that's valid. However, having a foundation isn't preventing us from receiving. So, the number one problem I see that we need to solve off the top is any hesitancy from a donor to give because of the tax-exempt contribution. So, right off the top, the biggest advantage to a foundation is that tax-exempt thing. Secondly, previously when we did interviews, one of the discussions was to what extent is the board going to be fundraisers and to what extent are they going to be structure, and that's something we need to decide here up on the dais here. Staff needs direction. So, I'll say right off the top that the foundation, whether through DCF or otherwise, creates an option, and I'm in favor. When we look at the structure, the advantage of taking a simple route to the 501(c)(3)—when I look at the options, I see DCF as the simplest route to solve the immediate problem, which is having a 501(c)(3) status, having a built-in structure, a third party that will ensure that donations go to what people give the money for. And what that does not give us is a board of cheerleaders. If that's what we want, that's fine, but I want to know it. Those are the problems I want to solve. But I'm curious from your perspective, what are the problems you want to solve? Is one of the components that you're looking for in the foundation an external board that will serve as a set of cheerleaders for us and lead the charge for raising money? That's what I get, but I want to make sure that's—I want to see your vision so I could kind of evaluate better what we're talking about. Thank you.
[02:38:28] Speaker 2: And I do want to clarify, never did I say we should be chasing anyone else. That's not been Palm Desert's way. We've always set the example, so we should never change. And never did I say we should be third-rate. Those are not my words.
[02:38:46] Speaker 1: So, no, you didn't say that.
[02:38:48] Speaker 2: Excuse me, allow me to finish as I did you. I didn't say that, and I don't see us that way at all. When we start co-mingling funds, we lose the direct impact and conduit to the city, and sometimes the motivation. Does it solve a problem, a foundation? Yes. Does it create excitement? Yes. And what we want to do—and again, I'll use the example of the Living Desert—they get out in front. They don't build something and say, 'Hey, do you want to be part of yesterday's vision?' They get out in front, and that's how they raise money. And what I see for us is we have gone all out, and we have a beautiful rendering of a library that's going to cost us more than we think it was when we first did it, because that's just the way it is. And the Monroe interchange is a great example, and we're going to see a lot of that. I mean, all of us when we go to the grocery store, let's use it really simply, we see that. So a foundation creates excitement...
[02:40:03] Speaker 1: And as we heard our speaker say, this is something you do before, you don't do after. Foundations can create guidelines. It's not simply cheerleaders, but they are people who believe in the community, who want to invest in the community. And I think Palm Desert is worth investing in. And I can see great things that can happen with the foundation. And I can see great things that can happen in vibrant, exciting programming for our library. And that's where I see it going. And yes, it does clear up that little bit of ambiguity perhaps with tax issues. And people aren't always that comfortable with giving to government, and they do feel more comfortable giving to foundations. There's no question, because they feel they have control and they know where it's going and how it would be spent. So I do believe a foundation is in the best interest of every community member and in the best interest of this city. I think it is a wonderful asset to what we're doing, and it's worked many places very well. It's a sophisticated fundraising tool, yes. Did we have a group of people from which to choose that we saw when we did interviews? No. We need to cast a wider net of people who really truly understand the foundation, the world of foundations. We do. We didn't see what we needed to see that day. I think we all agree on that. So we would have more work to do as far as helping with that. There's no question. But we would need some guidance with it too, because we failed in our effort at that day also. So, my feeling is a library foundation is an asset to our city, and having worked with foundations before, having worked in fundraising, you want to get people excited, and a foundation can do that.
[02:42:22] Speaker 2: Well, and I do agree that, you know, there's people—we have such wealth here in our valley, and I can see people wanting to have a building named after them or a room or whatever, you know, with our library going in and, you know, trying to find consensus. Is there a way to do that that makes all of us feel comfortable in order to attract these donors? Asking my fellow council members.
[02:42:59] Speaker 3: I feel like we've already achieved our goal of creating a great library. I think Gary and the staff have already done it. I think foot traffic's almost doubled, or it's up by at least around 50 to 60%. The programming is way more robust. The community is more involved. Everybody's happy. I don't feel comfortable creating a foundation to ask the community to give more money towards the library. And I know it's consensual; they would be doing it out of their own goodwill. But even so, like I said, the idea of creating another organization that's city-related, requires staff time, requires input. You know, they would have—I brought this up before and I know it's been shot down, but I always felt like when people give money, they feel like they have then a say in policy and direction. And I don't think there's any way around it. If you had a huge donor giving six-figure, seven-figure amounts, that there's not some tie-in with policy moving forward, and I want to retain our autonomy with our library moving forward. I'm totally satisfied with how the library is being funded and how it's been operated to this point, and let status quo go.
[02:44:09] Speaker 4: If I may, um...
[02:44:11] Speaker 2: Please.
[02:44:13] Speaker 4: I, because I'm a copious nerd and notetaker. Um, you did in fact mention being a third-rate library. Um, you said, you know, Palm Desert is successful because we prepare. It's not like we're going to say, 'Let's have a basic library.' It's not the Palm Desert way. We could be the third library in the Coachella Valley, or third best library in the Coachella Valley. So you are implying that that's the direction that we would go in.
[02:44:39] Speaker 3: I didn't say to—I didn't say—
[02:44:41] Speaker 4: Let me finish, please let me finish. That this is um the direction we could go in, just as Council Member Pedto said, what are the problems that we're trying to fix that may not already be there. I appreciate that when we had the interviews, to me it was concerning that we were supposed to interview people for...
[02:45:01] Council Member: The library foundation board, not who's going to be the people that are going to raise the most. It can't only be about that. It needs to be people that understand the programming, that understand the way that libraries are evolving. And when we talk about the Living Desert, how many times have they come here asking for money? $5 million for the lion exhibit. That's what—where are we going to go? Who are we going to present to and say, "Hey, how many millions do you have for us?" Because we've had shortfalls. That's not the kind of thing that we should do for the foundation and say, "We opened up this account. Now give us your millions." Is that the Palm Desert way to go and beg people for money for the foundation? I think DCF is a good opportunity if we do want to follow suit the way other cities have to create—if someone says, "I want to donate money because I want to redo the rose garden in my spouse's name," great. That would be a separate line within DCF. I agree very much with the Mayor Pro Tem that when people give substantial amounts of money, they may then come back and want to impact policy. We have the opportunity—it's been in the staff report—that when we enter with DCF, we have some options. I think our director of library services may have mentioned that sometimes there are MOUs we could build that in with DCF. It seems they're very flexible in working with community organizations. So if that's the way that we want to do it, we're going to move forward. But I think that it cannot be Palm Desert driven. I think it needs to be an external process because I would hate for people to think, "I gave you money, Council Member so-and-so, come and have more time with me. You owe me this time because I gave to the library, because I made this investment." It's not a campaign donation, but "I gave to this project." So, those are the concerns that I have. And I absolutely agree with Council Member Pedetto that if we're going to move forward and decide that we want a foundation, we need to set very clear objectives of who these board members are going to be. And if that means pushing this for another discussion, there's no timeline. There's nothing that will expire. If that means saving that for another consideration—but since we're talking Living Desert, they've asked us for millions and millions and millions, and we don't have that luxury. I just, one more time, going to say: I have never said "third rate." Please don't assign an implication to me. I implied—I said I don't want to be the third best. So be accurate with your words. They matter.
[02:48:02] Mayor: No. Go ahead, Evan.
[02:48:04] Council Member Evan: I think what Rancho Mirage does is wonderful. I know they have a robust foundation that's dedicated to the library, but with the writers festival, there's already been a little bit of blowback on that in that it gives the impression of being a little bit elitist, and I think it forces them to close the library down for a week, two weeks, whatever the time frame is. I mean, talk about accessibility. I would much rather see—it seems to me once you get a foundation going and you want to maybe make a big splash or have a world-renowned program like that, I'm not interested in that. I'm more interested in what Council Member Padetto said. I'd like to see more expanded hours. I'd like to see more accessibility that way. To me, that's a successful library. Like I said, we've already, I think, had a huge success in what we've been doing so far on the budget we've been given or are using in terms of visitorship, in terms of accessibility, programming, and everything else. I would prefer to see, if we want to position ourselves—I don't think we need to be splashy. I just think we need to be good and accessible and active with the existing programming that our staff can already operate and run with the salaries we're paying. So I don't see the need to raise millions and to spend millions on the library for big, world-renowned, splashy programs like that, if that's the intention of starting the foundation. So, that's where I stand.
[02:49:43] Mayor: I'll entertain a motion.
[02:49:48] Council Member: I'll entertain—I'll submit a motion that we table this for a later date once we have the opportunity to establish who the board will be, or I propose an...
[02:50:00] Councilmember: Alternate measure or alternate motion to establish through DCF and not through Palm Desert. So those are the two options that I would like under consideration. So, if you narrowed it to one option, I would be more inclined to second. In fact, if you made the motion to do the DCF route, I would be inclined to second that tonight.
[02:50:30] Councilmember: Yeah, I think that's an important third-party distinction. So that's, I will go with my second motion to proceed with the option to go through the Desert Community Foundation and allocate the $50,000 in order to set up the foundation for the library only.
[02:50:47] Councilmember: And I would second that.
[02:50:52] Mayor: Okay, we have a motion and a second. Can we have a vote, please?
[02:51:00] Mayor: Motion passes 5 to zero.
[02:51:04] Mayor: Thank you. We'll now move to 15, which is our public hearing. It's a resolution amending the amount of the DUI driver and vehicle impound cost recovery fee pursuant to chapter 10.25 of the Palm Desert Municipal Code. May we have the staff report, please?
[02:51:38] Daniel Herado: Good evening, Mayor and members of the City Council. Daniel Herado, Public Safety Analyst. I'm presenting a proposed update to the city's DUI and vehicle impound cost recovery fees to reflect current operational costs and maintain fiscal responsibility.
[02:52:12] Daniel Herado: The purpose of this item is to update our current vehicle impound cost recovery fee, also known as VICR fees. These adjustments are to ensure the city recovers costs associated with vehicle impounds, particularly DUI-related cases, and will bring our fee structure in line with regional standards.
[02:52:33] Daniel Herado: The current fees were last updated in 2014. Since then, the cost of public safety services, particularly under our contract with the Riverside County Sheriff's Department, has increased significantly. Our review showed that Palm Desert's current fees are no longer sufficient to cover these expenses.
[02:52:56] Daniel Herado: Staff is proposing an increase from $165 to $275 for standard impounds and from $75 to $1,190 for DUI-related impounds. These figures are based on time spent by deputies and administrative staff in processing these incidents.
[02:53:22] Daniel Herado: Standard impounds average one and a half hours of staff time, while DUI-related impounds require around 5 hours. Applying the fiscal year 24-25 contract rate of $229.55 per hour plus city administrative overhead results in these proposed amounts. These are rounded for clarity and consistency.
[02:53:48] Daniel Herado: We also reviewed the fee structure of surrounding cities. Palm Desert's proposed DUI fee reflects full cost recovery. Many other cities either use flat fees or have not adjusted for inflation or personnel costs in several years. To avoid frequent Council action, we've included an automatic annual adjustment mechanism based on the actual percentage increase in the Sheriff's contract. Additionally, individuals who are acquitted of charges may request a refund within 30 days. This update also formally rescinds Resolution 2014-95.
[02:54:32] Daniel Herado: Staff recommends adoption of the proposed resolution to implement the revised VICR fees effective April 10th, 2025. This action supports fiscal sustainability, ensures cost recovery, and affirms the city's commitment to public safety. And that is my presentation, and I'm here to answer any questions.
[02:54:52] Mayor: Thank you very much, Mr. Herado. Does anybody have any questions? No questions. Okay, then we will open the public hearing at this...
[02:55:02] Speaker 1: ...time and we have no one to speak. Do we have anybody online? And no online speakers? Okay. And I have no cards. Any other questions or comments?
[02:55:14] Speaker 2: My one comment, I would—I appreciate knowing that for people that are acquitted, there is the opportunity to recover those fees. That is not heard of in many places. So that's a very fair and equitable way to support our residents. So that's an excellent way that shows that Palm Desert cares. Thank you.
[02:55:34] Speaker 1: Any other comments? Okay, we'll close the public hearing and I will entertain a motion.
[02:55:45] Speaker 3: Moved.
[02:55:48] Speaker 1: Is there a second?
[02:55:50] Speaker 4: I will second.
[02:55:58] Speaker 1: Motion passes five to zero. Thank you very much. And, oops, excuse me. Tonight we are adjourning our meeting.
[02:56:10] Speaker 5: Madam, if I could just make one quick informational item.
[02:56:12] Speaker 1: Yes, please.
[02:56:15] Speaker 5: Just a reminder that April 30th is the deadline for boards and commission applications to be received. Thank you. So if you have people interested in applying, please get them in.
[02:56:23] Speaker 1: Great. Thank you so much. So before we adjourn this evening, I'd like to take a moment to remember Jim Grayson. Since 2000, Jim has been an indispensable partner to the city, guiding us through complex real estate transactions, development agreements, and affordable housing initiatives. His expertise was instrumental in projects that have shaped Palm Desert, including Desert Willow, the Gardens on El Paseo, and many of our affordable housing communities. Beyond his professional contribution, Jim was a mentor and a trusted adviser to city staff. His passing is deeply felt by all who had the privilege to work alongside him. On behalf of the city council and the entire Palm Desert family, we extend our heartfelt condolences to the Richards, Watson & Gershon team and to Jim's family. He will be truly missed. Tonight, we'll adjourn in memory of Jim Grayson. Thank you very much. Meeting stands adjourned.