HomeMy WebLinkAbout2023-07-17 LT Regular Meeting Agenda Packet & Supplemental PacketCity of Palm Desert Page 1
LIBRARY TASKFORCE
CITY OF PALM DESERT, CALIFORNIA
AGENDA
City Hall, Administrative Conference Room
73-510 Fred Waring Drive
Palm Desert, CA 92260
Pursuant to Assembly Bill 2449, this meeting will be conducted as a hybrid meeting and
there will be in-person access to this location.
•To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/82810932219
or call (213) 338-8477, Zoom Meeting ID: 828 1093 2219
•Written public comment may also be submitted to mnance@palmdesert.gov. Emails
received by 8:00 a.m. prior to the meeting will be distributed to the Taskforce. Any
correspondence received during or after the meeting will be distributed to the Taskforce as
soon as practicable and retained for the official record. Emails will not be read aloud
except as an ADA accommodation.
1.CALL TO ORDER
2.ROLL CALL
3.NON-AGENDA PUBLIC COMMENT: This time has been set aside for the public to address
the Library Taskforce on issues that are not on the agenda for up to three minutes. Because
the Brown Act does not allow the Taskforce to act on items not listed on the agenda, members
may briefly respond or refer the matter to staff for a report and recommendation at a future
meeting.
4.DISCUSSION/ACTION CALENDAR
A.TASKFORCE ROLES AND RESPONSIBILITIES
B.LIBRARY TASKFORCE WORKPLAN DISCUSSION
RECOMMENDATION: Provide Staff direction and feedback on potential workplan for the
Library Taskforce for fiscal year 2023-2024.
C.ASSIGNMENT OF SUBCOMMITTEES
Monday
July 17, 2023 12:30 p.m.
Regular Meeting
*REVISED*
Library Taskforce Agenda July 17, 2023
City of Palm Desert Page 2
5.INFORMATIONAL REPORTS & COMMENTS
A.LIBRARY TASKFORCE MEMBERS
B.CITY COUNCIL LIAISONS
C.CITY STAFF
1.Update on discussions with the County of Riverside.
D. ATTENDANCE POLICY
6.ADJOURNMENT: The next Regular Meeting will be held on August 28, 2023, at 12:30 p.m.
AFFIDAVIT OF POSTING
I hereby certify under penalty of perjury under the laws of the State of California that the
foregoing agenda for the Library Taskforce was posted on the City Hall bulletin board and City
website not less than 72 hours prior to the meeting.
/s/ Michelle Nance
Recording Secretary
PUBLIC NOTICES
Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated
office for inspection of records in connection with this meeting is the City Clerk’s Office, City
Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items and
documents provided to a majority of the legislative bodies are available for public inspection
at City Hall and on the City’s website at www.palmdesert.gov.
Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with
the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at
this meeting, or in meetings on a regular basis, you will need special assistance beyond what
is normally provided, the City will attempt to accommodate you in every reasonable manner.
Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the
meeting to inform us of your needs and to determine if accommodation is feasible.
* This agenda has been revised to reflect the correct time
CITY OF PALM DESERT
CITY CLERK’S OFFICE
MEMORANDUM
To: Appointed Body Members
From: Anthony J. Mejia, City Clerk
Date: May 15, 2023
Subject: Procedures for Excused/Unexcused Absences
As a reminder, below are the rules related to excused and unexcused absences. To ensure that
meetings will have a quorum, it is urged that members please notify the Recording Secretary or Staff
Liaison if you will be late or absent as far in advance of the meeting as practicable.
Excused Absence
An “excused absence” may be granted due to illness or injury, unexpected business, emergencies,
important personal business, official City business, or any reasonable excuse that is approved by the body.
Procedure: Members should notify the Recording Secretary or Staff Liaison in advance of the meeting.
During the roll call, the Recording Secretary will announce the reason for the member’s absence and
request confirmation of the excused absence from the Board.
Unexcused Absence
A member who does not meet any of the conditions for an excused absence or fails to notify the
Recording Secretary or Staff Liaison in advance of the meeting will be marked as an unexcused
absence.
Limits on Unexcused Absences
Unexcused absences shall result in automatic resignation under the following circumstances:
•Six unexcused absences from regular meetings in any twelve-month period on appointed bodies
that meeting twice monthly.
•Three unexcused absences from regular meetings in any twelve-month period on appointed
bodies that meeting monthly.
•Two unexcused absences from regular meetings in any twelve-month period on appointed
bodies that meeting bimonthly.
•One unexcused absence from a regular meeting in any twelve-month period on appointed
bodies that meet quarterly.
Waiver of Unexcused Absences
Upon reaching the number of unexcused absences, the City Clerk shall notify the regular member that
they are subject to automatic resignation and shall provide a 15-day grace period for the member to
request waiver of any unexcused absence from the Mayor, after which the resignation shall be deemed
automatic. You may send your waiver request to mayor@palmdesert.gov.
Questions: Please contact your Recording Secretary or City Clerk’s Office at cityclerk@palmdesert.gov.
Item 5D-1
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: July 13, 2023
To: Library Taskforce
From: Michelle Nance, Deputy Clerk I
Subject: Recent City Council Staff Reports relative to the library
For your review, attached are Staff Reports regarding the library, provided by City Staff at
recent City Council meetings.
Page 1 of 5
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: May 11, 2023
PREPARED BY: Chris Escobedo, Assistant City Manager
Chris Gerry, Project Manager
REQUEST: REQUEST FOR DIRECTION REGARDING THE PALM DESERT
LIBRARY
RECOMMENDATION:
Provide staff direction regarding the Palm Desert Library.
BACKGROUND/ANALYSIS:
On April 4, 2023, the Parks and Recreation Committee (Committee) discussed the operation
and maintenance of the Palm Desert Library. As a result, the Committee developed a
subcommittee to discuss library concerns and requested additional information about the library
at its next meeting on May 2, 2023.
This staff report includes information presented to the Committee and supplemental details
regarding the Palm Desert Library, as follows:
•Palm Desert Library History
•Partnering Agency Responsibilities
•Previous Enhanced Services
•Service Level Comparisons
•Committee Recommendations
Palm Desert Library History:
Portola Community Center (1962 - 1996)
The Palm Desert Library opened at the Portola Community Center in 1962 and remained
operational at the facility until 1996. Since inception, the library was managed by the County of
Riverside, but contracted its countywide library services with the City of Riverside. The facility
was eventually replaced by the current Palm Desert Library located on the College of the Desert
campus. A chronology of the Palm Desert Library (Portola Community Center) can be found as
Attachment 1.
College of the Desert (1986 - Current)
While the current Palm Desert Library (College of the Desert) opened in April 1996, planning
efforts for the facility began over 10 years earlier through community-led efforts. Once the new
facility opened, the old library (Portola Community Center) ended its operations three months
later. A chronology of the Palm Desert Library (College of the Desert) and summary of the City
and Palm Desert Redevelopment Agency’s financial contributions can be found as Attachment
Item 2B-1
City of Palm Desert
Palm Desert Library Update
Page 2 of 5
2 and 3, respectively.
The new library was established in partnership with the City of Palm Desert (City), County of
Riverside (County), and Desert Community College District (District). The facility includes
40,000-square feet, which bifurcates into a 20,000-square foot City library and remaining space
for a District library (unoccupied since January 2020). There is some shared space (joint-use
area) as well.
Note the County continued to contract with the City of Riverside to operate the new library;
however, that partnership and business model ended in June 1997. Since then, the County has
contracted with Library Systems & Services (LSSI) in response to declining property tax
revenues and the elimination of special district funds that many libraries depended upon. In fact,
the County was the first government agency in the country to operate a library system as a
public-private partnership.
Partnering Agency Responsibilities:
The partnering agencies responsible for the joint library building include the City, County, and
District (collectively, Parties). There is only one agreement (cooperative agreement) binding the
Parties.
Cooperative Agreement (March 11, 1993)
The Parties entered into a cooperative agreement (Agreement) to finance, construct and operate
the new library on March 11, 1993. The Agreement term ends in 36 years (March 11, 2059).
In regard to financing, the Agreement obligated the Parties to contribute a total of $8.5 million
(Agency: $3.3 million; County: $3.0 million; and District: $2.2 million) for construction costs.
Project funding was advanced by the Agency with reimbursements issued by the County and
District.
In regard to construction, the project took approximately 19 months until completion. The District
was the sole party responsible for the construction contract. The Parties held a groundbreaking
event on October 21, 1994, and construction began afterwards. A dedication was held on April
14, 1996, and the library was opened.
In regard to operations, the Parties all have specific responsibilities outlined in the Agreement.
The City and Agency’s responsibilities generally relate to initial financing costs, whereas the
County and District are responsible for maintenance and operations. Specifically, the County
and District share costs proportional to their facility uses for utilities, custodial and facility
maintenance, and technological costs.
The cooperative agreement can be found as Attachment 4. Note the cooperative agreement
includes the lease agreement and the administrative guidelines specifying operational
responsibilities.
Previous Enhanced Services:
Item 2B-2
City of Palm Desert
Palm Desert Library Update
Page 3 of 5
As previously mentioned, the City funded the Library System annually for enhanced library
services. These enhanced services began in February 1998 (shortly after LSSI began operating
the Library System) and ended in June 2013 (presumably due to the dissolution of
redevelopment). During that time period, the City spent approximately $2.35 million on the
following operational costs. All operational costs were paid by the City. Note the City currently
has approximately $674,000 in the Library Maintenance Fund, which has remained available
since the dissolution of redevelopment (2012). These funds were previously transferred in from
the General Fund for enhanced library services. These funds could be used to enhance service
levels or make facility improvements.
Supplemental LSSI Staff (1998 - 2013)
From February 1998 through June 2013, the City contributed funding for additional LSSI staff at
the library. Additional LSSI staffing during that period includes:
Positions Funded Years Funded
Volunteer Coordinator * (1998 - 2013)
Events Coordinator * (1998 - 2013)
Computer Instructor / Lab
Technician
(2001 - 2013)
Librarian / Reference (2007 - 2013)
Librarian / Adult (2007 - 2013)
Receptionist / Library
Assistant
(2007 - 2013)
* Positions combined in Fiscal Year 2007-08
During this period, the City supplemented LSSI staffing cost in the amount of $972,000.
Additional Library Hours (2000 - 2013)
From July 2000 through June 2013, the City contributed funding for additional hours of operation
at the library. The library’s previous hours of operation on Thursdays were 1:00 p.m. to 5:00 p.m.
In July 2000, the City provided funding to increase the hours of operation by three hours (10:00
a.m. to 5:00 p.m.). In July 2007, the City again extended the hours of operation by three hours
(six total hours) so the library was open on Thursdays from 10:00 a.m. to 8:00 p.m. During this
period, the City provided funding for additional hours in the amount of $807,000. The costs for
the bookmobile services below are incorporated into the aforementioned amount (combined
contractually).
Bookmobile Services (2000 - 2013)
From July 2000 through June 2013, the City contributed funding for bookmobile services.
Specifically, for the bookmobile to conduct a weekly four-hour stop at Joe Mann Park on
Tuesdays from 10:00 a.m. to 2:00 p.m. It appears the bookmobile still makes stops at this
Item 2B-3
City of Palm Desert
Palm Desert Library Update
Page 4 of 5
location, but on a less frequent basis.
Supplemental Materials (2002 - 2013)
From July 2002 through 2013, the City contributed funding for supplemental library materials.
Particularly, library materials include updated reference materials, youth area materials,
periodicals, videos, and other items. During this period, the City provided funding for
supplemental materials in the amount of $572,000.
Service Level Comparisons:
A comparison between local library service levels can be found as Attachment 5. Those local
libraries include Palm Desert, Rancho Mirage, La Quinta, and Palm Springs.
Committee Recommendation:
On May 2, 2023, the Committee made recommendations for City Council consideration, as
follows:
1.Review providing enhanced services for the upcoming year and taking over the
management of the library (County portion).
2. Explore assuming the lease or purchasing the library (College portion).
City staff has met with representatives of the District and the County of Riverside. The District is
conducting a schematic design for their portion of the building, which is currently not in use.
They have funds set aside to improve their portion of the building; however, they are evaluating
their other projects and want to finalize their design plans before they commit to utilizing funds
to improve the Palm Desert Library. The County has expressed their willingness to work with
the City in a) working with the District and City, b) guiding the City through the process of
converting it to a municipal library, and c) entering into an enhanced contract with the City to
operate it. In addition, the County shared their plans to make capital improvements to the library,
which would address many of maintenance, program, and space concerns that have been raised
over the years.
Policy Questions
Staff is seeking direction on the following policy questions:
1)Does the Council want to pursue fully taking over the Palm Desert Library and have it be
operated as a municipal library?
2)Does the Council want to pursue an enhanced agreement with the County to operate the
Palm Desert Library?
Item 2B-4
City of Palm Desert
Palm Desert Library Update
Page 5 of 5
3)Does the Council want to maintain the current three-party arrangement and utilize the
available library funds to initiate program and service level enhancements as was done
in previous years?
The time frame for policy questions 1 and would take 18-24 months to complete as the City
would need to engage in a statutory process to be manage the site, work with the County to
redirect the library property tax funds to the City and commence operation with the new service
levels in place.
FINANCIAL IMPACT
There is no direct financial impact associated with this report.
REVIEWED BY:
Department Director: Chris Escobedo
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1.Library History (Portola Community Center)
2.Library History (College of the Desert)
3.Financial Contributions (1986 - Current)
4.Cooperative Agreement (1993)
5.Service Level Comparisons
Item 2B-5
Attachment 1
City of Palm Desert
Palm Desert Library (Portola Community Center)
History 1962 – 1996
The Palm Desert Library first opened at the now Portola Community Center in 1962 and remained
operational at the facility until 1996. Since inception, the library was managed by the County of
Riverside, which contracted countywide library services with the City of Riverside. In fact, the City of
Riverside operated the Riverside County Library System for 86 years (1911 to 1997). The facility was
eventually replaced by the current Palm Desert Library located on the College of the Desert campus.
Below is a chronology of the Palm Desert Library (Portola Community Center), which generally
includes more pertinent actions taken by the Palm Desert City Council over the years.
•Open Library in Unincorporated County / Palm Desert (1962): County of Riverside opened the
Palm Desert Library at the Portola Community Center. Unrelated, this is the first year of operation
for the College of the Desert as well.
•Incorporate City of Palm Desert (November 26, 1973): Become City of Palm Desert.
•Intent to Remain in County Library System (February 14, 1974): County requested as to
whether City wished to remain in County Library System. City approved remaining in County
Library System.
•Repair Air Conditioning System (April 28, 1977): City approved City Manager to accept bids up
to $12,000 to replace air conditioning units. Actual cost was $7,700 (repaired, not replaced).
•Approve Lease Agreement with City of Riverside (June 23, 1977): City approved lease
agreement with City of Riverside to operate library. The lease calls for the City of Riverside to pay
$400 per month for rent to offset the City of Palm Desert’s estimated maintenance costs.
•Accept Grant Deed for Palm Desert Library (July 14, 1977): City approved Resolution 77-76 to
accept the grant deed from the Library Association for the Palm Desert Library. City owns property.
•Establish Palm Desert Community Library Commission (April 13, 1978): City approved
Resolution 78-35 establishing the Palm Desert Community Library Commission and appointed five
members and three alternate members.
•Renew Lease Agreement with City of Riverside (June 14, 1979): City approved amendment to
the lease agreement to assume full responsibility for building and ground maintenance and
increase the City of Riverside’s rent to $1,000 month per month.
•Renew Lease Agreement with City of Riverside (June 12, 1980): City approved renewal of
lease agreement with the City of Riverside to operate the library. The renewal is for a three-year
Item 2B-6
Attachment 1
Page 2 of 3
period and the City of Palm Desert received $1,000 monthly for ongoing maintenance costs. There
was not an increase in rents between fiscal years.
•Renew Lease Agreement with City of Riverside (March 10, 1983): City approved renewal of
lease agreement with the City of Riverside to operate the library. The renewal is for a three-year
period and the City of Palm Desert received $1,100 monthly for ongoing maintenance costs. There
was not an increase in rents between fiscal years.
•Renew Lease Agreement with City of Riverside (January 9, 1986): City approved renewal of
lease agreement with the City of Riverside to operate the library. The renewal is for a two-year
period. The City of Palm Desert received $1,200 monthly for ongoing maintenance costs. There
was not an increase in rents between fiscal years.
•Renew Lease Agreement with City of Riverside (February 26, 1987): City approved renewal
of lease agreement with the City of Riverside to operate the library. The renewal is for a three-year
period. The City of Palm Desert received annual increasing monthly rents in the amount of $1,250,
$1,300, and $1,400, respectively.
•Install Carpet at Library (September 8, 1988): City approved contract with Nickell Flooring and
Custom for the installation of new carpet at the library in the amount of $8,175.
•Renew Lease Agreement with City of Riverside (May 24, 1990): City approved renewal of lease
agreement with the City of Riverside to operate the library. The renewal is for a two -year period.
The City of Palm Desert received $1,400 monthly for ongoing maintenance costs. There was not
an increase in rents between fiscal years.
•Renew Lease Agreement with City of Riverside (July 9, 1992): City approved renewal of lease
agreement with the City of Riverside to operate the library. The renewal is for a two-year period.
The City of Palm Desert received annual increasing monthly rents in the amount of $1,500, and
$1,550, respectively.
•Renew Lease Agreement with City of Riverside (April 28, 1994): City approved renewal of
lease agreement with the City of Riverside to operate the library. The renewal is for a two -year
period. The City of Palm Desert received annual increasing monthly rents in the amount of $1,600,
and $1,650, respectively
•Extend Temporary Emergency Funding for Library Services (July 13, 1995): City approved
an extension of emergency library funding (June – September) in the amount of $24,690.
•Extend Temporary Emergency Funding for Library Services (August 24, 1995): City
approved an extension of emergency library funding (October – December) in the amount of
$24,600.
•Affirm Recommendation to Retain Current Library Personnel (January 11, 1996): City
affirmed the Library Committee’s recommendation to retain current personnel if a new library
system is established.
Item 2B-7
Attachment 1
Page 3 of 3
• Approve Library Operations and Supplemental Funding (February 22, 1996): City approved
$30,000 to maintain current level of library services through June 30, 1996. The library closed at
the end of Fiscal Year 1995-96.
• Designated Former Library as a Historical Landmark (October 14, 2010): City approved
designation of former Palm Desert Library as a historical landmark.
Item 2B-8
Attachment 2
City of Palm Desert
Palm Desert Library (College of the Desert Campus)
History 1986 – Current
While the current Palm Desert Library (College of the Desert Campus) opened in April 1996, planning
efforts for this facility began over 10 years earlier through community-led efforts. Once the new facility
opened, the old library (now Portola Community Center) ended its operations three months later.
The new library was established in partnership with the City of Palm Desert (City), County of Riverside
(County), and Desert Community College District (District). The facility includes 43,000-square feet,
which bifurcates into a 20,000-square foot City library and remaining space for a college library. There
is some shared space (joint-use area) as well. While the Palm Desert Library currently occupies the
southern half of the building and lobby, the northern half operated by the College of the Desert has
remained unoccupied since January 2020.
Note the County of Riverside continued to contract with the City of Riverside to operate the new library;
however, that partnership and business model ended in June 1997. Since then, the County of
Riverside has contracted with Library Systems & Services in response to declining property tax
revenues, and elimination of special district funds that many libraries depended upon. In fact, the
County of Riverside was the first government organization in the United States to operate a library
system as a public-private partnership.
Below is a chronology of the Palm Desert Library (Portola Community Center), which generally
includes more pertinent actions taken by the City and Redevelopment Agency over the years.
• Retain Consultant to Conduct Feasibility Study (October 23, 1986): City approved an
agreement with Deloitte, Haskins, & Sells in the amount of $112,000 to conduct a feasibility study
of a joint library between City, District and County.
• Approve Library Feasibility Study – Phase I (July 9, 1987): City approved the Library Feasibility
Study (Phase I) developed by Deloitte Haskins & Sells, which reviewed best practices and
conducted a community survey (75% in favor of a new joint library). City also approved the
consultant to proceed with Phase II.
• Approve Library Feasibility Study – Phase II (December 10, 1987): City approved the Library
Feasibility Study (Phase II) developed by Deloitte Haskins & Sells, which identified areas of
concerns and potential resolutions, and a more detailed cost estimate. City also approved the
consultant to proceed with Phase III.
• Approve Additional Costs for Library Feasibility Study – Phase II (February 11, 1988): City
approved additional expenditures (using contingency) for Deloitte Haskins & Sells relating to the
Library Feasibility Study (Phase II) in the amount of $4,015.
• Release RFP to Design New Library (May 24, 1990): City approved preparing a request for
proposal for the design of the new library and beginning the selection process.
• Approve Negative Declaration / CEQA (August 23, 1990): City approved a Negative Declaration
of Environmental Impact for the new library.
Item 2B-9
Attachment 2
Page 2 of 6
• Select Architect to Design New Library (October 25, 1990): City approved the selection on IBI
Group to provide preliminary design services in an amount of $10,000. There were additional
consultant costs to attend public meetings, which were to be billed at the hourly rates.
• Approve Agreement for Geotechnical Services at Library Site (February 14, 1991): City
approved an agreement with American Geotechnical for geotechnical services (site soil survey) at
the new library site in the amount of $11,000.
• Approve Informally Library Renderings and Plans (March 28, 1991): Architect provided an
update to City regarding the renderings and plans of the new library. Architect requested initial
approval in order to develop cost estimates. City gave its initial approval (no vote) and directed
staff and the architect to move forward with the project.
• Approve Agency Payment for Library Construction (March 26, 1992): City approved
Resolution 92-27 that approved the payment by the Agency for library construction and other
unrelated capital improvements.
• Approve in Concept a Cooperative Agreement (August 13, 1992): City approved in concept a
cooperative agreement between the City, County and District.
• Recommend Site Selection on College of the Desert Campus (November 12, 1992): City
approved the Library Selection Committee’s preferred site location on College of the Desert
campus.
• Approve Cooperative Agreement for Library (March 11, 1993): City and Agency approved a
cooperative agreement between the City, Agency, County and District. Agency shall advance up
to $8.5 million. Agency’s contribution is $3.3. million, County is $3.0 million, and District is $2.2
million. This agreement is the only agreement binding all parties.
• Approve Library Site Plan (May 27, 1993): City approved the library site plan and incorporated
it into the previous cooperative agreement.
• Increase Funds for Artwork in Library (December 9, 1993): Agency approved an appropriation
of $85,000 for art-in-public places to be used in the new library.
• Approve Funding for Library Groundbreaking Ceremony (October 13, 1994): City approved
an appropriation of $5,000 toward a groundbreaking event.
• Hold Groundbreaking Ceremony (October 21, 1994): The City, County and District held a
groundbreaking event for the new library.
• Approve Change Order for Construction of New Library (February 9, 1995): Agency approved
change order in the total amount of $94,387: $24,663 for adding a vapor barrier beneath interior
slab and $69,724 for structural modifications.
• Approve Change Order for Construction of New Library (March 23, 1995): Agency approved
change orders in the amount of $2,331.37 (no description).
• Purchase Three Paintings for Placement in Library (June 8, 1995): City and Agency approved
purchasing three Deloss McGraw paintings in an amount not to exceed $14,223.
Item 2B-10
Attachment 2
Page 3 of 6
• Approve Purchase of Library Artwork (July 13, 1995): City approved agreement with Barbara
Field for the design, fabrication, and installation of artwork in the amount of $40,975 and
agreement with Ries Niemi in the amount of $38,700.
• Approve Change Order for Construction of New Library (August 24, 1995): Agency approved
change orders in the amount of $168,256 (no description).
• Approve Change Order for Construction of New Library (September 14, 1995): Agency
approved change orders in the amount of $86,218 (no description).
• Amend Agreement for Library Artwork (September 28, 1995): Agency approved amendment
with Ries Niemi (C10180) in the amount of $11,700.
• Purchase and Install Library Shelving at New Library (October 26, 1995): Agency approved
a purchase order with Yamada Enterprises to purchase and install shelving at the new library in
the amount of $80,934.
• Purchase and Install Furnishings at New Library (December 14, 1995): Agency approved a
purchase order with Systems Source, Inc. to purchase and install furnishings at the new library in
the amount of $192,764.75.
• Amend Agreement for Library Artwork (January 11, 1996): Agency approved amendment with
Barbara Field for artwork in the amount of $6,000 to accelerate commission of the artwork.
• Approve Consulting Agreement for Library Services (January 11, 1996): City approved a
consulting agreement with Beverly Simmons to explore operating an independent City library in
an amount not to exceed $9,600.
• Amend Agreement for Furnishings at New Library (February 22, 1995): Agency approved first
amendment with Systems Source to purchase and install furnishings at the new library in the
amount of $3,006.23.
• Open New Library (April 14, 1996): City, County and District held a dedication ceremony and
opened the new library.
• Establish Palm Desert Library Foundation (June 27, 1996): City approved creation of, “…the
Palm Desert Library Foundation in order to assure that citizens wishing to contribute to our public
library can do so directly.”
• Approve Funding for Library Items (July 11, 1996): City approved appropriating $55,000 for
circulation equipment and miscellaneous expenses and approved $24,000 separately for lighting.
• Approve Funding for Library T-Shirts (November 14, 1996): City approved the purchase of
children’s t-shirts for the library in an amount of $2,500.
• Notify Withdrawal of County Library System (December 12, 1996): City approved Resolution
96-74 that the City intends to withdraw from the County Library System. This action did not formally
withdraw the City from the County Library System.
• Acquire Reference Collection Books for Library (January 23, 1997): City approved to use the
same vendors as the Library System for acquiring reference collection books in an amount of
$60,000.
Item 2B-11
Attachment 2
Page 4 of 6
• Approve Funding for Library Identification Signage (October 9, 1997): City approved design
and construction of library identification signage in the amount not to exceed $14,000.
• Approve Agreement with County for Library Services (February 26, 1998): City approved to
fund part-time library positions in the amount of $18,000. Beginning of relationship with Library
Systems & Services, Inc. (privatization of library services).
• Amend Agreement with County for Library Services (September 10, 1998): City approved
amendment to fund part-time library positions in the amount of $18,000.
• Approve Design Improvements in Library’s Children Section (October 22, 1998): City
approved an agreement with Michelle Jamison for design improvements to the children’s section
of the library in amount of $35,000.
• Amend Agreement with County for Library Services (July 22, 1999): City approved second
amendment to fund part-time library positions in the amount of $45,500.
• Approve Agreement for Window Shades (February 10, 2000): City approved agreement with
Desert Window Treatments for window shades in the amount of $17,524.13, and with Brudvik, Inc.
for electrical work to operate the motorized window shades in the amount of $4,988.
• Amend Agreement with County for Library Services (June 22, 2000): City approved third
amendment to fund part-time library positions in the amount of $45,600.
• Dissolve the Palm Desert Library Foundation (September 14, 2000): Foundation dissolved
administratively since it was not being used for intended purposes.
• Approve Agreement for Courtyard Lighting (November 9, 2000): City approved award to
Brudvik, Inc. for courtyard lighting at the library in the amount of $24,990.
• Approve Cooperative Agreement for Building Improvements (March 22, 2001): City and
Agency approved agreement to fund and construct HVAC repairs and lighting system
modifications in the amount of $226,666.67 ($680,000 divided by City, County and District).
• Amend Agreement with County for Library Services (June 28, 2001): City approved fourth
amendment to fund part-time library positions (Event and Volunteer Coordinator, and
Computer/Instructor Lab Technician) in the amount of $72,000. City also approved first
amendment to provide additional of library operations in the Palm Desert Wing in the amount of
$42,000.
• Install Audio Equipment in Community Room (March 14, 2002): City approved an agreement
with Audio Graphic Systems to install audio equipment in the community room of the library in the
amount of $4,544.22.
• Amend Agreement with County for Library Services (August 22, 2002): City approved fifth
amendment to fund part-time positions in the amount of $72,000. City also approved second
amendment to provide additional of library operations in the Palm Desert Wing in the amount of
$42,000. Finally, City authorized a purchase order to Library Systems & Services in the amount of
$55,000 for materials.
Item 2B-12
Attachment 2
Page 5 of 6
• Approve Design Agreement to Expand Library Parking Lot (February 13, 2003): City
approved agreement with Warner Engineering to prepare construction drawings to expand the
library parking lot in the amount of $10,800.
• Approve Agreement to Expand Library Parking Lot (June 26, 2003): City approved an
agreement with Contreras Construction Company to construct / expand the library parking lot in
the amount of $90,494.55.
• Approve Funds for Staffing to Offset loss of District’s Contribution (July 10, 2003): City
approves an additional contribution $10,200 to compensate for the loss of funding provided by
District for shared staffing at the library.
• Amend Agreement with County for Library Services (July 10, 2003): City approved sixth
amendment to fund part-time positions in the amount of $68,000. City also approved first
amendment to provide additional hours of library operations in the Palm Desert Wing. Finally, City
authorized a purchase order to Library Systems & Services in the amount of $55,000 for materials.
• Allow County to Operate District Library During Closed Hours (September 25, 2003): District
portion of the library is closed during the summers, the month of December, and with restricted
hours (no evenings or weekends). Mayor Benson proposed Library Systems & Services operate
in the District portion during these closed hours. College President Dr. Sheehan supported the
concept with operational caveats. City concurred (no formal action).
• Solicit Proposals for Artist to Create Mural at Library (November 11, 2003): City approved an
RFP for commissioning an artist to create a mural for County library in the amount of $35,000.
• Amend General Plan Relating to Library Hours (February 27, 2004): As part of comprehensive
General Plan Update, City approved adding a policy to the Schools and Libraries Element (Section
VI-47) that includes, “The City shall continue to explore and advocate any reasonable means by
which College of the Desert and the City can maintain uniform hours and services.”
• Approve Commissioning Artists to Create Mural Concepts at Library (June 24, 2004): City
approved a $1,000 honorarium for each of the three finalists to provide design refinement.
• Amend Agreement with County for Library Services (July 8, 2004): City approved sixth
amendment to fund part-time library positions in the amount of $68,000. City also approved third
amendment to provide additional hours of library operations in the Palm Desert Wing in the amount
of $50,100. Finally, City authorized a purchase order to Library Systems & Services in the amount
of $55,000 for materials
• Commission Artist to Create Mural at Library (October 28, 2004): City approved
commissioning an artist, Susan Smith-Evans, to create a mural for library in an amount of $35,000.
• Install Internet Wireless Equipment in Library (May 26, 2005): City approved the installation of
internet wireless “hot spot” equipment at the library in an amount of $25,000.
• Approve Amendments with County for Library Services (June 23, 2005): City approved
seventh amendment to fund part-time library positions in the amount of $136,000. City also
approved fourth amendment to provide additional hours of library operations in the Palm Desert
Wing in the amount of $90,000. Finally, City authorized a purchase order to Library Systems &
Services in the amount of $55,000 for materials
Item 2B-13
Attachment 2
Page 6 of 6
• Purchase Laptop Computers to Expand Library Class Schedules (June 22, 2006): City
approved purchasing laptop computers and accessories to expand courses offered at the library
in an amount of $32,000. Councilmember Spiegel mentioned, “…the Library was in a state of flux
with College of the Desert possibly moving out and the City of Palm Desert possibly taking over.”
• Closed Session Related to Property Acquisition for the Library Site (September 14, 2006):
Closed session regarding property acquisition on this September 14 and November 16, 2006.
• Approve Amendments with County & Library System for Library Services (August 9, 2007):
City approved eighth amendment to fund part-time library positions in the amount of $136,000.
City also approved fifth amendment to provide additional hours of library operations in the Palm
Desert Wing in the amount of $180,000. Finally, City authorized a purchase order to Library
Systems & Services in the amount of $60,000 for materials.
• Approve Amendments with County for Library Services (July 9, 2009): City approved nineth
amendment to fund part-time library positions in the amount of $136,000. City also approved fifth
amendment to provide additional hours of library operations in the Palm Desert Wing in the amount
of $180,000. Finally, City authorized a purchase order to Library Systems & Services in the amount
of $50,000 for materials.
• Concur with Design Schematic and Color Palette for Library Renovation (March 24, 2011):
City concurred with recommendations of Library Promotion Committee as have been provided for
the design schematic and color palette for the Library “Refresh” Project. The Riverside County
Economic Development Agency was responsible for the project, which addressed ADA
deficiencies and other updates. Project was constructed from April 2012 through January 2013.
• Approve Amendments for Library Services (October 13, 2011): City approved tenth
amendment to fund part-time library positions in the amount of $68,000. City also approved
seventh amendment to provide additional hours of library operations in the Palm Desert Wing in
the amount of $90,000. Finally, City authorized a purchase order to Library Systems & Services
in the amount of $35,000 for materials.
• Approve Amendments for Library Services (January 24, 2013): City approved 11th
amendment to fund part-time library positions in the amount of $68,000. City also approved eighth
amendment to provide additional hours of library operations in the Palm Desert Wing in the amount
of $90,000. Finally, City authorized a purchase order to Library Systems & Services in the amount
of $35,000 for materials.
Item 2B-14
Fiscal Year Month/Year Description Funding Agency Purpose Amount *
1985-86 Oct-86 Retain consultant to conduct feasibility study of new library (Deloitte, Haskins, Sells)City Planning 112,000$
1987-88 Feb-88 Additional funding to conduct feasibility study (Deloitte, Haskins, Sells)City Planning 4,000$
1990-91 Oct-90 Retain consultant to provide preliminary design of the new library (IBI Group)City Planning 10,000$
1990-91 Feb-91 Retain consultant to conduct geotechnical services (American Geotechnical)City Planning 11,000$
1993-94 Mar-93 Approve cooperative agreement for construction ($8.5 million total)Agency Construction 3,300,000$
1994-95 Feb-94 Approve change order for construction (add vapor barrier)Agency Construction 24,700$
1994-95 Feb-94 Approve change order for construction (require structural modifications)Agency Construction 69,700$
1994-95 Mar-95 Approve change order for construction (no description)Agency Construction 2,300$
1994-95 Jun-95 Purchase 3 paintings for new library (Deloss McGraw)Agency FF&E 14,200$
1994-95 Oct-94 Hold groundbreaking ceremony City Planning 5,000$
1995-96 Aug-95 Approve change order for construction (no description)Agency Construction 67,200$
1995-96 Sep-95 Approve change order for construction (no description)Agency Construction 86,200$
1995-96 Jul-95 Purchase library artwork (Barbara Field)Agency FF&E 41,000$
1995-96 Jul-95 Purchase library artwork (Ries Niemi)City FF&E 38,700$
1995-96 Sep-95 Amend contract for artwork (Ries Niemi)Agency FF&E 11,700$
1995-96 Sep-95 Purchase and install shelving (Yamada Enterprises)Agency FF&E 81,000$
1995-96 Dec-95 Purchase and install furnishings (Systems Source)Agency FF&E 193,000$
1995-96 Jan-96 Amend contract for artwork (Barbara Field)Agency FF&E 6,000$
1995-96 Feb-96 Amend purchase order for furnishings at new library (Systems Source)Agency FF&E 3,000$
1995-96 Jul-95 Provide temporary emergency funding for library services (Jul. 95 - Sept. 95)City Operations 24,700$
1995-96 Aug-95 Provide temporary emergency funding for library services (Oct. 95 - Dec. 95)City Operations 24,000$
1995-96 Feb-96 Fund library operations and provide supplemental funding (Mar. 96 - Jun. 96)City Operations 30,000$
1995-96 Jan-96 Retain consultant to explore standalone City library (Beverly Simmons)City Planning 9,600$
1996-97 Jul-96 Purchase circulation equipment, lighting & miscellaneous City FF&E 79,000$
1996-97 Nov-96 Purchase children's t-shirts for the library City Operations 2,500$
1996-97 Jan-97 Purchase reference collection books City Operations 60,000$
1997-98 Oct-97 Design and construction of identification signage City Construction 14,000$
1997-98 Feb-98 Additional library staffing (Library Systems & Services)City Operations 18,000$
1998-99 Sep-98 Additional library staffing (Library Systems & Services) - 1st Amendment City Operations 18,000$
1998-99 Oct-98 Retain artist for design improvements to library's children section (Michelle Jamison)City Planning 35,000$
1999-00 Jul-99 Additional library staffing (Library Systems & Services) - 2nd Amendment City Operations 45,500$
1999-00 Jun-00 Additional library staffing (Library Systems & Services) - 3rd Amendment City Operations 45,600$
1999-20 Feb-99 Conduct electrical work associated with installing window shades (Brudvik)City Construction 5,000$
1999-20 Feb-99 Install window shades (Desert Window Treatments)City Construction 17,500$
2000-01 Nov-00 Install courtyard lighting (Brudvik)City Construction 25,000$
2000-01 Jun-01 Construct HVAC repairs & lighting modifications ($680,000 divided by agencies)Agency Construction 226,700$
2000-01 Jun-00 Additional library hours (Library Systems & Services)City Operations 45,000$
2000-01 Jun-01 Additional library hours (Library Systems & Services) - 1st Amendment City Operations 40,000$
2000-01 Jun-01 Additional library staffing (Library Systems & Services) - 4th Amendment City Operations 72,000$
2001-02 Mar-02 Install audio equipment in community room (Audio Graphic Systems)City FF&E 4,500$
2001-02 Jul-03 Additional library materials (Library Systems & Services)City Operations 55,000$
2002-03 Jun-03 Construct parking lot expansion project (Contreras Construction)City Construction 90,500$
2002-03 Aug-02 Additional library hours (Library Systems & Services) - 2nd Amendment City Operations 42,000$
2002-03 Aug-02 Additional library materials (Library Systems & Services)City Operations 55,000$
2002-03 Aug-02 Additional library staffing (Library Systems & Services) - 5th Amendment City Operations 72,000$
2002-03 Feb-03 Retain consultant to design parking lot expansion project (Warner Engineering)City Planning 10,800$
2003-04 Jul-03 Additional staffing (loss of College's contribution)City Operations 10,200$
2004-05 May-04 Install internet wireless equipment City FF&E 25,000$
2004-05 Jun-04 Provide 3 artists $1,000 each to refine design concepts for a library mural City FF&E 3,000$
2004-05 May-05 Commission artist to create library mural (Susan Smith-Evans)City FF&E 35,000$
2004-05 Jul-04 Additional library hours (Library Systems & Services) - 3rd Amendment City Operations 50,100$
2004-05 Jul-04 Additional library materials (Library Systems & Services)City Operations 55,000$
2004-05 Jul-04 Additional library staffing (Library Systems & Services) - 6th Amendment City Operations 68,000$
2004-05 Jun-05 Additional library hours (Library Systems & Services) - 4th Amendment City Operations 90,000$
2004-05 Jun-05 Additional library materials (Library Systems & Services)City Operations 55,000$
2004-05 Jun-05 Additional library staffing (Library Systems & Services) - 7th Amendment City Operations 136,000$
2005-06 Jun-06 Purchase laptop computers to expand classes City FF&E 32,000$
2006-07 Jul-06 Additional library materials (Library Systems & Services)City Operations 55,000$
2007-08 Aug-07 Additional library hours (Library Systems & Services) - 5th Amendment City Operations 180,000$
2007-08 Aug-07 Additional library materials (Library Systems & Services)City Operations 60,000$
2007-08 Aug-07 Additional library staffing (Library Systems & Services) - 8th Amendment City Operations 136,000$
2008-09 Jul-08 Additional library materials (Library Systems & Services)City Operations 55,000$
2009-10 Jul-09 Additional library hours (Library Systems & Services) - 6th Amendment City Operations 180,000$
2009-10 Jul-09 Additional library materials (Library Systems & Services)City Operations 50,000$
2009-10 Jul-09 Additional library staffing (Library Systems & Services) - 9th Amendment City Operations 136,000$
2011-12 Oct-11 Additional library hours (Library Systems & Services) - 7th Amendment City Operations 90,000$
2011-12 Oct-11 Additional library materials (Library Systems & Services)City Operations 35,000$
2011-12 Oct-11 Additional library staffing (Library Systems & Services) - 10th Amendment City Operations 68,000$
2012-13 Jan-13 Additional library hours (Library Systems & Services) - 8th Amendment City Operations 90,000$
2012-13 Jan-13 Additional library staffing (Library Systems & Services) - 11th Amendment City Operations 68,000$
2013-13 Jan-13 Additional library materials (Library Systems & Services)City Operations 35,000$
* Rounded to nearest hundredth Total:7,044,900$
Palm Desert Library
City / Agency Financial Contributions
Attachment 4
Item 2B-15
COOPERATIVE AGREEMENT
AGREEMENT FOR THE FUNDING AND CONSTRUCTION
OF A JOINT LIBRARY BUILDING
This Cooperative Agreement (this "Agreement" dated as of
uv-160-cV\ , 1993, is made and entered into by and
among the Palm Desert Redevelopment Agency (the "Agency"), the City
of Palm Desert (the "City"), the County of Riverside (the
County"), and the Desert Community College District (the
District").
RECITALS
WHEREAS, the Desert Community College District, the City of
Palm Desert, and the County of Riverside mutually desire to
establish a library to serve the needs of the students of the
College of the Desert and the citizens of the City and the County;
and
WHEREAS, the Government Code Section 6500 et seq. authorizes
joint exercise by two or more public agencies of any power common
to them; and
WHEREAS, the purpose of this Agreement is to effectuate the
Redevelopment Plan, As Amended, for Project Area No. 1, As Amended,
and the Redevelopment Plan for Project Area No. 2 by providing for
the construction of the Project. Completion of the Project is in
the best interests of the City, Agency, County and the District and
the health, safety and welfare of residents and taxpayers of the
City and the Agency's Project Area No. 1, As Amended, and Project
Area No. 2 and is in accord with the public purposes and provisions
of applicable state and local laws; and
WHEREAS, a material inducement to the Agency to enter into
this Agreement is the agreement by the District to construct or
cause to be constructed the Project within a limited period of
time, and the Agency would be unwilling to enter into this
Agreement in the absence of an enforceable commitment by the
District to construct the Project within a limited period of time;
and
WHEREAS, pursuant to that certain "Cooperative Agreement among
the County of Riverside, the City of Palm Desert and the Palm
Desert Redevelopment Agency" dated as of February 13, 1992, the
County, the City and the Agency agreed to create the Library
District Improvement Fund, into which the Agency agreed to deposit
certain amounts of its Tax Increment (as therein defined) derived
from the Library District basic tax levy in annexed Project Area
No. 1. Such agreement further provides that funds in the Library
District Improvement Fund shall be paid by the Agency on demand to
the County and utilized by the County for the costs of providing
agm 2-8-93
V-1/93Item 2B-16
library services for the City, or for costs of acquisition,
construction or improvement of library facilities located in the
City; and
WHEREAS, pursuant to that certain "Agreement for Cooperation
Among Coachella Valley Community College District, the City of Palm
Desert and the Palm Desert Redevelopment Agency" dated as of
April 14, 1988, and "Agreement Regarding Cooperation (Project Area
No. 1; Desert Community College District" dated as of February 13,
1992, the Agency and the District agreed to create the Coachella
Valley Community College District Capital Fund and the District
Capital Fund (collectively herein referred to as the "District
Capital Fund") into which the Agency agreed to pay certain amounts
the District's share of the Tax Increment (as therein defined).
Such agreements permit the Agency to withdraw moneys from the
District Capital Fund for reimbursement to the District from moneys
expended by the District for the construction, alteration,
reconstruction, repair, maintenance, acquisition or operation of
District facilities located in the City; and
WHEREAS, construction of the Project will assist in the
elimination of blight in Project Area No. 1, As Amended, and
Project Area No. 2, provide additional jobs, and improve the
existing economic and physical conditions in Project Area No. 1, As
Amended, and Project Area No. 2 in accordance with the purposes and
goals of the Redevelopment Plan, As Amended, for Project Area No.
1, As Amended, and the Redevelopment Plan for Project Area No. 2;
and
WHEREAS, the Agency has determined that the land uses
specified in this Agreement and the provisions relating to
construction of the Project specified in this Agreement are
consistent with the provisions of the Redevelopment Plan, As
Amended, for Project Area No. 1, As Amended, and the Redevelopment
Plan for Project Area No. 2.
NOW THEREFORE, the Parties hereto agree as follows:
Section 1. Definitions.
The following terms as used in this Agreement shall hold the
meaning given unless expressly provided to the contrary:
1.1 Agency means the Palm Desert Redevelopment Agency.
1.2 Agreement means this Cooperative Agreement.
1.3 City means the City of Palm Desert.
1.4 County means the County of Riverside.
1.5 District means the Desert Community College District.
agtn 2-8-93 2
Item 2B-17
1.6 Library means County Free Library District.
1.7 Proiect means the library -learning resources center to be
constructed on the Property.
1.8 Property means the real property owned by the District
which is more fully described in Exhibit "A".
Section 2. The Proiect.
The Project shall consist of a library -learning resources
center building of approximately 40,000 square feet of usable
building area to be constructed under the direction and ownership
of the District and to be jointly occupied by District and Library
under a cooperative agreement providing for both program operation
and building maintenance and operations. In consideration of the
funding provided by the Agency, the District and the County accept
the conditions and restrictions described herein.
Section 3. Title to the Provepty.
The District represents and warrants that it possesses a fee
simple interest in the Property as of the date of the execution of
this Agreement and that the Property is free and clear of liens,
easements, conditions, covenants, restrictions and encumbrances
that will interfere with the successful completion of the Project.
Section 4. Construction of the Proiect.
4.1 The District shall construct, or cause to be constructed,
the Project in accordance with the terms and provisions of this
Agreement.
4.2 With the assistance and recommendation of an
architect/engineer jointly selected and accepted by the Parties,
the District shall, within 45 days of the execution of this
Agreement, develop a Schedule of Performance for the construction
of the Project, which shall thereafter be provided to the Agency,
the City and the County, and shall be subject to their approval,
which shall not unreasonably be withheld.
4.3 The District shall cause the Library to be constructed in
accordance with the construction schedule developed pursuant to
Section 4.2, which shall be included herein, and it shall be
completed no later than 18 months from the date construction
commences subject to delays due to causes beyond the District's
control relating to work stoppage (excluding the District's
employment force), acts of God, act of war, civil disorders, or
other similar acts. The District shall cause the general
contractor to provide performance, material and labor payment bonds
in the amount required by law and shall furnish the Agency and the
County with copies thereof prior to commencement of construction.
Qm 2-a-93 3
Item 2B-18
4.4 Within the time period set forth in the Schedule of
Performance, the District shall develop Basic Concept Drawings.
Upon completion, the Basic Concept Drawings and relating documents
shall be submitted to the Agency, the City and the County for
review and approval, such approval shall be provided within 30 days
of receipt and shall not be unreasonably withheld. The District
shall not make any additions to, deletions from or other changes to
the Basic Concept Drawings without the express written consent of
the County, the Agency, and the City. The construction of the
Project shall be as generally established in the Basic Concept
Drawings except for such changes as may be mutually agreed upon by
the County, the District and the Agency. Approved Basic Concept
Drawings will be the basis for preparation of Preliminary Drawings
to initiate further detail and design features on a larger scale.
4. 5 Under the District's direction, the Architect shall
prepare a total construction budget which shall be presented to the
City, the Agency, and the County for approval. Such budget shall
include all costs outlined in Exhibit "B", which shall include any
funds previously expended by the City for Library or library
project, which at this time are estimated at $235,000. The
District shall submit all change orders to the Agency, the City,
and the County for review and approval.
4.6 The District with approval of the County shall retain
consultants to conduct cost estimating, value analysis and
constructability review of all plans and specifications. The
District shall provide consultants with drawings, plans,
specifications and other reports necessary to complete such
analysis.
4.7 Within the time period set forth in the Schedule of
Performance, the District shall prepare or cause to be prepared
Preliminary Drawings based on the Basic Concept Drawings. Upon
completion, the Preliminary Drawings shall be submitted to the
Agency, the City, and the County for review and approval, which
approval shall be provided within 30 days of receipt. Such
approval shall not be unreasonably withheld. The District shall
not make any additions to, deletions from or other changes to the
Preliminary Drawings without the express written consent of the
County, the Agency, and the City. The Preliminary Drawings shall
provide alternatives, for future expansion of facilities. Such
alternatives, including estimates of cost and other ramifications,
shall be submitted to the Agency, the City, and the County for
review and approval.
4.8 Within the time period set forth in the Schedule of
Performance, the District shall develop Final Construction
Drawings, which shall constitute complete construction documents
and plans and specifications for the Project. The Final
Construction Drawings shall be submitted to the County, the City,
and the Agency for review and approval. The County, the City, and
agm 2-8-93 4
Item 2B-19
the Agency approval or disapproval of the Final Construction
Drawings shall be provided within 30 days of receipt. Such
approval shall not be unreasonably withheld. The District shall
not make any additions to, deletions from or other changes to the
Final Drawings without the express written consent of the County,
the City, and the Agency.
4.9 The District shall cause the construction of the Project
to be carried out in compliance with all applicable laws, including
but not limited to all applicable federal and state occupational,
safety and health standards; nondiscrimination requirements;
accessibility for the disabled; and prevailing wage laws.
4.10 The Agency, the City, and the County may, during the
course of construction, observe all construction work done by or
for the District on the Property, but shall provide any comments to
the District or its representatives who shall be responsible for
all communications with the contractor during the construction of
the Project.
4.11 After completion of the construction of the Project, the
District shall notify the Agency and the County forthwith in
writing. Within 10 days of receipt of written notice of completion
of construction, the Agency and the County shall have the right to
enter onto the Property to inspect the Project for the purpose of
determining whether the Project is completed in accordance with the
plans and specifications approved by the Agency and the County;
provided, however, the Agency's and the County's approval of such
inspection shall not constitute a certification that such
improvements are, in fact, completed in accordance with such plans
and specifications or the applicable building codes, and no party
not a party to this Agreement or third party shall be entitled to
rely on the Agency's or the County's approval thereof. Within 14
days after the receipt of the notice from the District, the Agency
and the County shall notify the District, in writing, of the
results of the inspection, and furnish to the District the
punchlist of incomplete items. The District shall then cause all
punchlist items to be completed in an expeditious fashion.
Certificates of occupancy shall not be requested or issued until
the provisions of this Section have been complied with.
4.12 Correction of Defects. The District shall insure that
any defects are rectified in construction which appear within one
year after issuance of a certificate of occupancy by the District.
The District shall secure general contractor's, subcontractors',
manufacturers', and suppliers' warranties.
agm 2-8-93 5
Item 2B-20
Section 5. Name and Use.
5.1 Namq
5 '.1 The library shall be known as the
Palm Desert Library and the name of
the library shall be permanently and prominently affixed to the
library.
5.1.2 Nothing herein shall be construed as preventing
the District or the County from naming their respective portions of
the Library and affixing such names to the building in appropriate
locations.
Section 6. Funding.
The Agency, the County, and the District shall each contribute
to the financing of the construction of the Project in the
following proportions:
6.1 In accordance with estimates provided by the Project
architect and engineers, total budget for the Project shall not
exceed EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS ($8,500,000).
It is expressly understood and agreed that construction cost of the
physical structures, facilities, improvements, furnishings and
equipment in accordance with the plans and specifications approved
by the parties shall not exceed EIGHT MILLION FIVE HUNDRED THOUSAND
DOLLARS ($8,500,000) unless District, Agency, and County execute in
writing a joint change order. This is the total project cost and
includes, but is not limited to, construction, design, feasibility
studies, architecture, engineering, inspections, testing,
contingencies, construction management cost, landscaping, interior
and parking improvements, furnishings, equipment and books.
6.2 The Agency shall advance the funds for payment of the
construction costs of the Project, in accordance with the
provisions of Section 7 hereof, not to exceed a total advance of
8,500,000. The City, the District and the County shall reimburse
the Agency for a portion of such costs as provided below.
6.3 county shall reimburse the Agency in the amount of THREE
MILLION DOLLARS ($3,000,000) plus interest, if applicable, through
delivery of funds deposited into its Library District Improvement
Fund pass -through entitlement for the Added Territory to Project
Area No. 1, As Amended, and Project Area No. 3.
6.4 The District shall reimburse the Agency in the amount of
TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000) plus interest
if applicable. If District is not able to reimburse the Agency
through other means, District shall make reimbursement through
delivery of funds received from its redevelopment pass -through
entitlement for Redevelopment Project Area No. 1, As Amended, and
a qv* Z-A-93 6
Item 2B-21
Project Area No. 2, and Project Area No. 3.
6.5 The Agency shall assume the responsibility for the
remaining THREE MILLION THREE HUNDRED THOUSAND DOLLARS ($3,300, 000)
of the construction cost.
6.6 Should the full Project budget as has been approved by
all parties not be expended for the construction of the Project,
the parties shall each contribute to the actual cost of the project
in the same ratio as their contributions are detailed above.
6.7 The City and the Agency herein agree that the County's
and the District's obligation to reimburse the Agency. for funds
expended on their behalf in accordance with Section 6.3 is limited
to funds placed by the Agency in the Library District Improvement
Fund and the District Capital Fund, respectively.
Section 7. Disbursements and Accounting Records.
7.1 Agency as Disbursement Agent. The Agency shall act as
the disbursing agent/authority for payment of all obligations
related to the design, approvals and construction of the Project.
The Agency shall not be obligated to advance payments in excess of
8,500,000, or the actual costs which may be incurred pursuant to
6.7. The Agency shall withdraw the County's share from the Library
District Improvement Fund and the District's share from the
District Capital Fund (or from bonds issued by the Agency to the
extent the proceeds of such bond issue have been allocated to the
Library District Improvement Fund or the District Capital Fund);
provided, however, in such years in which the Library District
Improvement Fund or the District Capital Fund do not contain
sufficient funds to reimburse the Agency, then the obligation to
reimburse the Agency shall accrue and remain in force and effect
until the Library District Improvement Fuhd or the District Capital
Fund have funds with which to reimburse .the Agency.
7.2 District as Sole Party to Construction Contracts. All
contracts for facility design, construction supervision and
construction shall be between the District and the contractors
employed to do the work.
7.3 Verification of Amounts Due. Payments made to
contractors employed by the District, shall be made directly by the
Agency upon verified written order of the District. Such
verification shall be made by the architect/engineer, the Project
clerk of the works and the representative of the District appointed
the responsibility for such verification by the District's Board of
Trustees. The Agency shall also have the right to insure that the
construction contract is "in balance" prior to disbursement and
that there are no stop notices or mechanics' liens that might
suspend or affect the construction or the disbursements.
agm 2-8-93 7
Item 2B-22
7.4 Inspection. It is expressly understood and agreed that
personnel of the Agency, the City and the County may observe and
inspect all construction work done by or for the District on the
Property, but shall provide any comments to District or its
representative who shall be responsible for all communications with
the contractor during the construction of the improvements. The
District shall respond to such comment made by the City, the
Agency, and the County in writing within a timely manner.
7.5 Accounting Records
7.5.1 The District shall maintain all accounting
records and supporting documents in connection with the
construction of the improvements referred to in this Agreement for
a period of 10 years following the date of occupancy. At the end
of such 10 year period, District shall deliver such records to the
Agency.
7.5.2 The Agency and the County shall have the right
to examine, inspect, and audit such records and documents referred
to in the paragraph above subject to reasonable notice in writing
to the District.
7.6 Changes in Plans. The District shall not make any
addition to deletions from or other changes to the plans and
specifications without the express written consent of the County,
the Agency, and the City. The Executive Director is authorized, on
behalf of the Agency, to consent to change orders of TEN THOUSAND
DOLLARS ($10,000) or less. Within sixteen (16) working days of
receipt of all written documents necessary to support a change
order of $10,000 or less, the Executive Director shall act on the
change order. Within twenty (20) working days of receipt of all
written documents necessary to support a change order in excess of
10,000, the Executive Director shall forward the matter to the
Agency Board with the Director's recommendation on the change
order. The County Chief Administrative Officer is authorized, on
behalf of the County, to consent to change orders of SEVENTY-FIVE
THOUSAND DOLLARS ($75,000) or less.
7.7 Reconciliation of Accounts and As Built Plans. Following
completion of the facilities and improvements, the District shall
submit to the Agency and the County (1) an itemized statement(s)
showing the entire cost of such physical structures and facilities
and improvements, and (2) a complete set of reproducible "As -Built -
drawings showing every detail, latent or otherwise, of such
improvements, including, but not limited to, electrical circuitry,
communication circuitry and plumbing; and (3) copies of all
warranties, operating instructions and maintenance manuals.
agm 2-8-93 8
Item 2B-23
Section 8. Operations.
8.1 The completed building shall be restricted solely and
only to use as a free public library and a collegiate library for
a period of sixty-six (66) years from the date of the execution of
this Agreement or until such earlier time as, by mutual agreement,
the parties find such use no longer needed or appropriate. The
District and the County shall enter into a Lease Agreement and
adopt the Administrative Guidelines in the form attached hereto as
Exhibits "C" and "D," respectively, and incorporated herein by
reference and shall operate the Library in accordance with same.
8.2 If at any time, the State or any political subdivision of
the State levies or assesses a tax, assessment, or fee which is
applicable to the Library from which the District is not exempt,
the District shall pay before delinquency that tax, assessment, or
fee and the District shall promptly furnish the Agency satisfactory
evidence establishing such payment. Nothing contained herein shall
be deemed to prohibit the District from contesting the validity or
amounts of any tax, assessment, or fee or to limit the remedies of
the District in respect thereto.
8.3 Following completion of the construction of the
improvements, the City and the Agency, through their duly
authorized agent, shall have, upon seventy-two hours written
notice, the right to enter the Property with an assigned
representative of the District and the County between the hours of
9:00 a.m. and 4:00 p.m., Monday through Friday, for the purpose of
inspecting, monitoring and evaluating the obligations of the
District and the County.
8. 4 If the City of Palm Desert withdraws from the County Free
Library District, County's obligation to pay shall remain only as
long as the Agency continues to place funds in the Library District
Improvement Fund. The Library District Improvement Fund, and the
City shall assume County's obligations under the Lease Agreement.
8.5 The Agency shall have the right, if the covenants in
Section 8 are breached, to exercise all rights and remedies and to
maintain any actions or suits at law or in equity or other proper
proceedings to enforce the curing of such breaches to which it or
any other beneficiaries of such covenants may be entitled,
including without limitation, specific performance, damages, and
injunctive relief. The Agency shall have the right to assign all
of its rights and benefits hereunder to the City.
Section 9. Default and Remedies.
9.1 Failure or delay by any party to this Agreement to
perform any term or provision of this Agreement constitutes a
default under this Agreement. The party who so fails or delays
must immediately commence to cure, correct or remedy such failure
agm 2-8-93 9
Item 2B-24
or delay, and shall complete such cure, correction or remedy with
reasonable diligence and during any period of curing shall not be
in default.
9.2 The non -defaulting party shall give written notice of
default to the party in default, specifying the default complained
of by the injured party. Failure or delay in giving such notice
shall not constitute a waiver of any default, nor shall it change
the time of default.
9.3 If any default is not commenced to be cured in the cure
period described herein, if any, and is not cured promptly in a
continuous and diligent manner within a reasonable period of time
after commencement thereof, then the non -defaulting party shall be
entitled to the following remedies:
9.3.1 The non -defaulting property may commence an
action for damages against the defaulting party with respect to
each default.
9.3.2 The non -defaulting party may commence an action
for specific performance of the terms of this Agreement with
respect to each default.
9.3.3 The non -defaulting party may institute legal
action to cure, correct or remedy any default or to obtain any
other remedy consistent with the purpose of this Agreement.
Section 10. Insurance.
10.1 The District and the County shall procure and maintain
separate insurance, or self -insure, against the following:
10.1.1 Comprehensive general liability insurance with
a combined single limit of $1,000,000 which applies to County's and
District's use and occupancy of the project and/or property.
10.1.2 Broad form contractual liability insurance
coverage insuring all of County's and District's indemnity
requirements under this lease and the Funding and Construction
Agreement. Such coverage shall have a minimum combined single
limit of liability of at least $2,000, 000, and a general aggregate
limit of $5,000,000.
10.1.3 Workers' compensation insurance in compliance
with California law.
10.1.4 Fire and extended coverage insurance for the
contents of the leased premises.
agm 2-8-93 10
Item 2B-25
10.2 District shall procure and maintain insurance for the
leased premises, or self -insure, fire and extended coverage,
together with an "all-risk" endorsement, in the full replacement
value thereof. County will reimburse District for one-half the
costs of such insurance upon a billing and an accounting therefor
by District.
10.3 During construction, District shall require the general
contractor to provide a builder's risk policy of insurance.
All such policies shall name the City and Agency as
additional insureds.
10.4 The District and the County shall cause their insurance
carriers to furnish the Agency and the City with a certificate of
insurance and copy of policy showing that such insurance is in full
force and effect. The District and the County shall cause the
Agency to be named as an additional insured on such policies. All
policies shall be endorsed to provide the Agency with 30 days
written notice prior to cancellation or change in terms.
10.5 The County, the District, and the Agency each hereby
release and relieve each other, and waive their entire right of
recovery against the other for loss or damage arising out of or
incident to the perils insured against under Section 9.1.2, whether
due to the negligence of County, District or Agency, or their
agents, employees, contractors and/or invitees. All coverage shall
be endorsed to waive the insurer's right of subrogation against the
Agency.
10.6 Subject to Section hereof [Damage and
Destruction], in the event that all or a part of the Project or the
furnishings and library collection are damaged or destroyed,
partially or totally, from any cause whatsoever, from the proceeds
of insurance, or, to the extent permitted by law, from any other
lawfully available funds of the County or the District, to repair,
restore and rebuild the Project and the furnishings and library
collection as closely as possible to their condition existing
immediately prior to such damage or destruction.
Section 11. Access.
The District shall not implement or impose any rule,
regulation or fee that would have the effect of restricting the
public accessibility to the library parking or facility.
Section 12. Hold Harmless.
Each party shall, to the extent permitted by law, indemnify,
protect and hold the other parties, their officers, agents,
employees and independent contractors free and harmless from any
costs, attorney's fees, expenses, losses, liability, claims,
agm 2-8-93 11
Item 2B-26
damages, and causes of action whatsoever, based or asserted upon an
act or omission of the indemnifying party, their officers, agents,
employees, subcontractors and independent contractors, for property
damage, bodily injury or death or any other element of damage of
any kind or nature relating to or in any way connected with or
arising from this Agreement or the construction, use and/or
occupancy of the Project.
Section 13. Force Majeure.
In addition to the specific provisions of this Agreement,
delay in performance by any party hereunder shall not be a default
where delays or defaults are due to war; insurrection; strikes;
lock -outs; riots; floods; earthquakes; fires; casualties; acts of
God; acts of the public enemy; epidemics; quarantine restrictions;
freight embargoes; lack of transportation; unusually severe
weather; or any other causes beyond the control or without the
fault of the party claiming an extension of time to perform,
excluding financial inability. An extension of time for any such
cause shall only be for the period of the enforced delay, which
period shall commence to run from the time of commencement of the
cause. If, however, notice by the party claiming such extension is
sent to the other party more than 30 days after the commencement of
the cause, the period shall commence to run only 30 days prior to
the giving of such notice.
Section 14. Severability.
The invalidity of any provision in this Agreement as
determined by a court of competent jurisdiction shall in no way
affect the validity of an other provision hereof.
Section 15. Waiver of Performance.
No waiver by any of the parties at any time of any of the
terms and conditions of this Agreement shall be deemed or construed
as a waiver at any time thereafter of the same or of any other
terms or conditions contained herein, or of the strict and timely
performance of such terms and conditions.
Section 16. Venue.
Any action at law or in equity brought by any of the parties
hereto for the purpose of enforcing a right or rights provided for
by this Agreement shall be tried in a court of competent
jurisdiction in the County of Riverside, State of California, and
the parties hereby waive all provisions of law providing for a
change of venue in such proceedings to any other county.
agm 2-8-93 12
Item 2B-27
Section 17. Notice.
Any notices required or desired to be served by any party upon
any of the other parties shall be addressed to the respective
parties as set forth below:
If to the County:
Chief Administrative Officer
County of Riverside
P.O. Box 1385
Riverside, CA 92502-1385
If to the Agency:
Executive irector
Palm Desert Redevelopment Agency
73-510 Fred Waring Drive
Palm Desert, CA 92260
If to the City:
City Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
agm 2-8-93 13
Item 2B-28
If to the District:
Superintendent/President
Desert Community College District
43-500 Monterey Avenue
Palm Desert, CA 92260
Section 18. Authorized Representative.
18.1 The County hereby appoints the Chief Administrative
Officer as its authorized representative to administer this
Agreement.
18.2 The District hereby appoints its Vice President,
Administrative Services, as its authorized representative to
administer this Agreement.
18.3 The Agency hereby appoints the Executive Director of the
Agency as its authorized representative to administer this
Agreement.
18.4 The City hereby appoints the City Manager as its
authorized representative to administer this Agreement.
Section 19. Miscellaneous.
19.1 Alterations. The District may, with the written consent
of the Agency and the County, which consent shall not unreasonably
be withheld, make any alterations, improvements, additions or
utility installations in, on or about the Property and the Project,
including the exterior of the Project, provided the alterations or
additions do not impair the value of the Project or reduce the area
of the improvements.
19.2 Limitation as to Transfer of the Property and Assignment
of this Agreement.
The District shall not assign this Agreement or encumber,
sell, transfer, convey or lease the Project or the Property for a
period of 66 years, commencing on the date of execution of this
Agreement, without the prior written consent of the Agency and the
County.
19.3 Damage, Destruction, Obligation to Rebuild.
19.3.1 In the event that all or a part of the Project
or the furnishings and library collection are damaged or destroyed,
partially or totally, from any cause whatsoever, then the County
and the District shall, at no cost to the Agency, from the proceeds
of insurance or, to the extent permitted by law, from any other
lawfully available funds of the County or the District, cause to be
repaired, restored and rebuilt the Project and the furnishings and
agm 2-8-93 14
Item 2B-29
library collection as closely as possible to their condition
existing immediately prior to such damage or destruction and this
Agreement shall remain in full force and effect. Such repair,
restoration and rebuilding shall be commenced within a reasonable
time after such damage or destruction has occurred and shall be
diligently pursued to completion.
19.4 Section Headings.
The section headings herein are for the convenience of
the parties only and shall not be deemed to govern, limit, modify
or in any manner affect the scope, meaning or intent of the
provisions or language of this Agreement.
19.5 Approvals.
Whenever this Agreement requires the Agency, the County
or the District to approve any document or proposal, such approval
shall not unreasonably be withheld.
19.6 Entire Agreement.
This Agreement is intended by the parties hereto as a
final expression of their understanding with respect to the subject
matter hereof, and as a complete and exclusive statement of all the
terms and conditions thereof, and supersedes any and all prior and
contemporaneous agreements and understandings, oral or written, in
connection therewith. This Agreement may be changed or modified
upon the written consent of the parties hereto.
19.7 Time is of the Essence. Time is of the essence of this
Agreement.
19.8 Operating Budget. Attached hereto as Exhibit are
operating budgets from Library and District showing operating
budgets for five years after projected opening of library shall
include cost of operation, maintenance of facilities, updating of
collection, as well as sources of funding therefor.
agm 2- 8-93 15
Item 2B-30
IN WITH SS WHEREO , t e pa ies have exec ted this Agreement
as of the day of Q/ie, 199.
ATTEST:
Sheila R: illiga, City Clerk
ATTEST:
Sheila R.-Gilligan,/ ecretary
ATTEST:
Secretary, Board of Trustees
agm 2-8-93 16
COUNTY OF RIVERSIDE
Patricia A. Lerem
CHAIRMAN OF THE BOARD Of SUPiRYISOIs
CITY OF PALM DESERT
Mayor
PALM DESERT REDEVELOPMENT
AGENCY
Tk tS-0,1N-dAW
Chairman
DESERT COMMUNITY COLLEGE
DISTRICT
ai rman , Boar."'s rut
V Item 2B-31
W4/93
iNffliii041a*Amomiokommommt e; '
PROPOSED BUDGET
MULTI -AGENCY LIBRARY CONSTRUCTION
Planning
1. Architect Fees (g't 7.5 %
2. State Architect Fees ® 0.75 %
3. Chancellor's Office Fees ® 0.1%
4. Preliminary Testing
5. Surveys
6. Legal, Advertising, etc.
Subtotal, Planning
Construction
1. Utility Service
2. Site
a. Ring Road Modification
b. New Parking Lots
c. Landscaping
d. Tree Relocation
3. Building 43,000 Sq. Ft. Ca $136
Subtotal, Construction
Tests and Inspection
Contingency a 10 %
Furniture, Fixtures and Equipment
TOTAL PROJECT BUDGET
y:;4f{V ViS}':::::.:Y.O. •::ti'rJ':•:1S.1i}1+:Cr}}}..:.1V .i,.
75,000
120,000
120,000
40,000
524,338
33,778
6,356
11,000
4,500
2,000
145,000
355,000
5,855,609
EXHIBIT B
581,971
6,355, 609
171,000
S635,561
755•859
8,500.000
Item 2B-32
EXHIBIT C
Item 2B-33
Exhibit C
LEASE
The Desert Community College District, herein referred to as
District", leases to the County of Riverside, herein referred to
as "County", the property described below on the following terms
and conditions:
1. DescriptiQD
The premises leased hereby are commonly known as the "Palm
Desert Library", located on the College of the Desert Campus, Palm
Desert, California, and consists of a parcel of land and
improvements to be constructed thereon. The leased premises are
more particularly described in Exhibit "A" to that certain
Cooperative Agreement for the Funding and Construction of a Joint
Library Building of which this lease is a part.
2. USE
The premises described in Section I above, are leased to
County by District for the purpose of providing library and other
related facilities for the County. With the consent of the
District, the leased facilities may be used for any official
business of County.
3. TEEM
a) The term of this lease shall be for a period of sixty-six
66) years commencing upon the date upon which the Agreement among
the County, the District, the City of Palm Desert and the Palm
Desert Redevelopment Agency becomes effective for all purposes and
ending sixty-six (66) years thereafter, unless sooner terminated
pursuant to this agreement.
b) Any holding over by County after the expiration of said
term shall be deemed a month -to -month tenancy upon the same terms
and conditions of this lease.
4. CONSIDERATION
County's rights under this lease are in consideration for it's
contribution to finance the construction of, and its other
covenants under that certain Cooperative Agreement for the Funding
and Construction of a Joint Library Building to operate, the Palm
Desert Library.
Item 2B-34
County/District Liorary Lease Page 2
5. UTILITIES
a) District shall provide, or cause to be provided, and pay
for all utility services that County may require or desire in the
operation and use of the leased premises. In so far as is
possible, utilities shall be separately metered for the two
portions of the building. County shall reimburse District monthly
for its share of the metered utility costs. When not metered, upon
presentation of billings and accounting therefor by District,
County shall reimburse District for its pro rated share of total
occupied building square footage and for one-half the costs of
utilities for all joint use areas.
6. CUSTODIAL SERVICE
a) District shall provide, or cause to be provided, and pay
for all landscape and other grounds care for the leased premises.
Such services shall be provided at a level which shall keep the
leased premises in the same condition as other portions of the
larger parcel which includes the College of the Desert. County
shall reimburse District for one half the costs of such services
for the area surrounding the building which has been designated as
the site in the architect's construction and landscaping plan upon
billing and an accounting therefor by the District.
b) District shall provide maintenance of parking lots
designated for public library use. County shall reimburse District
for all costs of such maintenance upon billing and an accounting
therefor by the District.
c) County shall provide, or cause to be provided, and pay
for custodial services within the facilities constructed pursuant
to the Funding and Construction Agreement. District shall
reimburse County for one-half the total costs of such service upon
billing and an accounting therefor by the County.
7. MAINTENANCE
a) District warrants that the leased premises shall be in
good and suitable condition for the uses contemplated herein as of
the date of occupancy by County.
b) District shall maintain, or cause to be maintained, and
pay for, the physical exterior and interior of the leased premises
and all structural and systemic components thereof, including, but
not limited to, roof, air conditioning equipment, heating
equipment, plumbing, electrical wiring and fixtures, communication
wiring and fixtures, windows and structural parts, in good working
condition and repair, in accordance with industry standards and in
compliance with all applicable laws, ordinances, rules and
regulations. County shall reimburse District for one-half of all
maintenance costs upon a billing and an accounting therefor by
District.
Item 2B-35
County/District Library Lease Page 3
c) In the event District fails or refuses to make the
repairs to the leased premises as may be required or necessitated
by Paragraphs 6(a), 6(b), 7(a) and 7(b), County reserves the right
to undertake such repairs subject to two (2) weeks written notice
to District. If County makes such services and/or repairs,
District shall reimburse County for one-half of the costs it occurs
relative to services under Paragraph 6(a) and to repairs under
Paragraph 7(b) upon a billing and an account therefor by County.
8. CIRCULATION CONTROL
a) County, through its representative, shall select, hire
and train all staff charged with entering borrower registration and
maintaining the borrower's transaction file. The staff size will
be at least as great as that provided in County libraries of a
similar size and with a comparable workload as measured by the
number of items checked out.
b) District shall reimburse the County for its proportionate
share of staffing costs based on District's share of total
circulation upon a billing and accounting therefor by County.
Staff costs will include salary and benefits of positions employed
to manage the borrower registration file and the transaction
records at the joint -agency library.
9. COMPUTER SYSTEM COSTS
a) County shall provide, or cause to be provided,
computerized circulation control systems for the joint -agency
library.
b) District shall annually reimburse County for its
proportionate share of computer system costs upon a billing and an
accounting therefor by County. Computer system costs shall be
based on the number of volumes held and annual circulation of the
District's Library in proportion to the County Library System.
10. ALTERATIONS ANQ ADDITIONS
a) County may, during its occupancy of the leased premises,
with the written consent of District, which consent shall not be
unreasonably withheld, make any alterations, improvements,
additions or utility installations on or about the leased premises.
Unless District notifies County of any objection within fourteen
14) working days of receipt of a request to make an alteration,
improvement, addition or utility installation, the consent of
District shall be deemed given to the request.
b) County shall pay when due all claims for labor and
materials furnished to or for County at or for use in the leased
premises, which claims are or may be secured by mechanics' or
materialmans' liens against the leased premises or interest
therein, and hold the leased premises and District harmless.
Item 2B-36
County/District Library Lease Page 4
c) County shall not make any alternations, improvements or
additions to the exterior of the leased premises.
d) All such alterations, improvements and additions which
are trade fixtures as that term is used in Section 1019 of the
Civil Code shall remain the property of County and may be removed
by County at or prior to the expiration of this lease; provided,
however, that such removal does not cause injury or damage to the
leased premises, or in the event it does, the premises shall be
restored.
11. INSPECTION OF LEASED PREMISES
Following completion of the construction of the improvements,
District shall have, upon seventy-two hours written notice, the
right to enter the leased premises with an assigned representative
of County during normal library hours, for the purpose of
inspecting, monitoring and evaluating the compliance by County with
its obligations to District pursuant to this lease.
12. QUIET ENJOYMENT
County shall have, hold and quietly enjoy the use of the
leased premises so long as it shall fully and faithfully perform
the terms and conditions that are required under this lease.
13. INSURANCE
District and County shall procure and maintain, or self
insure, against the following:
13.1 Comprehensive general liability insurance with a
combined single limit of $1,000,000 which'applies to County's and
District's use and occupancy of the project and/or property.
13.2 Broad form contractual liability insurance coverage
insuring all of County's and District's indemnity requirements
under this lease and the Funding and Construction Agreement. Such
coverage shall have a minimum combined single limit of liability of
at least $2,000,000 and a general aggregate limit of $5,000,000.
13.3 Workers' compensation insurance in compliance with
California law.
13.4 Fire and extended coverage insurance for the contents of
the lease premises.
a) District shall procure and maintain insurance for the
leased premises, or self -insure, fire and extended coverage,
together with an "all-risk" endorsement, in the full replacement
value thereof. County will reimburse District for one-half the
costs of such insurance upon a billing and an accounting therefor
by District.
b) During construction, District shall require the general
contractor or provide a builder's risk policy of insurance.
Item 2B-37
County/District . rary Lease Page 5
c) The City of Palm Desert and the Palm Desert Redevelopment
Agency shall be named as an additional insured on all policies
required pursuant to this Section 13.
14. HOLQ HARP'" 7
a) District shall indemnify, protect and hold County, its
officers, agents, employees and independent contractors free and
harmless from any liability whatsoever, based or asserted, upon any
act or omission of District, its officers, agents, employees,
subcontractors and independent contractors for property damage,
bodily injury or death (District's employees included) and District
shall defend at its expense, including attorney's fees, County, its
officers, agents, employees and independent contractors in any
legal action based upon any such acts or omissions.
b) County shall indemnify, protect and hold District, its
officers, agents, employees and independent contractors free and
harmless from any liability whatsoever, based or asserted, upon any
act or omission of County, its officers, agents, employees,
subcontractors and independent contractors for property damage,
bodily injury or death (County's employees included) and County
shall defend at its expense, including attorney's fees, District,
its officers, agents, employees and independent contractors in any
legal action based upon any such acts or omissions.
15. ASSIGNMENT
County shall not assign this lease or sublease the leased
premises without the written consent of the District. District
shall not unreasonably withhold its consent.
16. SEVERASILITY
The invalidity of any provision in this lease as determined by
a court of competent jurisdiction shall in no way affect the
validity of any other provision hereof.
17. WAIVR OF PERFORMANCE
No waiver by County or District at any time of any of the
terms and conditions of this lease shall be deemed or construed as
a waiver at any time thereafter of the same or of any other terms
or conditions contained herein, or of the strict and timely
performance of such terms and conditions.
18. VENUE
Any action at law or in equity brought by either of the
parties hereto for the purpose of enforcing a right or rights
provided for by this lease shall be tried in a court of competent
jurisdiction in the County of Riverside, State of California, and
the parties hereby waive all provisions of law providing for a
change of venue in such proceeding to any other County.
Item 2B-38
County/District Library Lease Page 6
19. NOTICE
Any notices required or desired to be served by either party
upon the other shall be addressed to the respective parties as set
for below:
County
County of Riverside
County Library
3581 7th Street
Riverside, CA 92501
District
and
County of Riverside
Chief Administrative Officer
4000 Lemon Street, 12th Floor
Riverside, CA 92501
Superintendent/President
Desert Community College District
43-500 Monterey Avenue
Palm Desert, CA 92260
20. EMPLOYEES AND AGENTS
a) It is understood and agreed that all persons hired
engaged by District shall be construed to be employees or agents
District and not of County, but nothing contained herein shall
construed as providing that District's contractors are agents
employees of District.
b) It is understood and agreed that all persons hired
engaged by County shall be construed to be employees or agents
County and not of District, but nothing contained herein shall
construed as providing that County's contractors are agents
employees of County.
21. BINDING ON SUCCESSOR
or
of
be
or
or
of
be
or
District and County, their respective assigns and successors
in interests shall be bound by the terms and conditions contained
in this lease.
22. COUNTY'$ REPRESENTATIVE
County hereby appoints the Library Director as its authorized
representative to administer this lease.
23. DISTRICT'S REPRESENTATIVE
District hereby appoints the Vice President, Administrative
Services as its authorized representative to administer this lease.
Item 2B-39
County/District Library Lease Page 7
24. ENTIRE LEASE
This lease is intended by the parties hereto as a final
expression of their understanding with respect to the subject
matter hereof, and as a complete and exclusive statement of all the
terms and conditions hereof, and supersedes any and all prior and
contemporaneous leases, agreements and understandings, oral and
written, in connection therewith. This lease may be changed or
modified upon the written consent of the parties hereto.
25. PARAGRAPH HEADINGS
The paragraph headings herein are for the convenience of the
parties only and shall not be deemed to govern, limit, modify or in
any manner affect the scope, meaning or intent of the provision or
language of this lease.
26. CONSTRUCTION OF LEAST
The parties hereto have negotiated this lease at arms length
and with the advice of their respective attorneys, and no provision
contained herein shall be construed against County solely because
it prepared this lease in its executed form as a matter of
convenience.
IN WITNSS WHEREO
as of the 6K day of
ATTEST:
SEC' ., BOARD OF STEES
ties have executed this agreement
1993.
COUNTY OF RIVERSIDE
By:
CBA R.,aB R OF SUP VISORS
LammPatroa
DESERT COMMUNITY COLLEGE
DISTRICT
BY:
PRE DENT, STE S
c-Ory a
970Item 2B-40
Exhibit D
Administrative Guidelines
for
Joint Agency Library
1.0 Operational Responsibility for Library Services
2. 0 Staffing Areas
3. 0 Collection Development Policies and Funding
3.1 General
3.2 Periodicals
3.3 Audiovisual Materials
3.4 Business Reference Center
3.5 Database Access
4.0 Library Services
4.1 Reference Services
4.2 Youth Services
4.3 Classroom of the Future
4.4 Microcomputer Laboratory
4.5 General Purpose Meeting Room
5. 0 Miscellaneous Functions
5.1 Coin -Operated Machines
5.2 Receiving and Mail Delivery
5. 3 Parking
5.4 Staff Lounge
6.0 Friends of the Library
Item 2B-41
1.0 OPERATIONAL RESPONSIBILITY FOR LIBRARY SERVICES
The respective agencies shall be responsible for the following aspects of library
performed at County Library Headquarters in Riverside.)
OPERATIONS COLLEGE LIBRARY
1. Select materials
2. Acquire materials
3. Catalog and classify materials
4. Download MARC cataloging records
5. Process materials
6. Provide circulation services (register
borrowers, issue library cards, check-out
check -in, renew, collect fines, fees,
resolve delinquency problems, send overdue
and reserve notices)
7. Weed materials for mends, binds, and
discards
8. Shelve and maintain stacks
9. Provide reference service
10. Assist with audio visual collection
11. Assist with rare book/local history
collection.
12. Provide reserve desk service
13. Provide youth services
For own collection
For own collection
For own collection
For own collection
For own collection
Contract with Public Library except
for resolution of delinquency
problems related to academic status
For own collection
For own collection
Using academic collection
Rare books and videos
Reference only)
For own collection
No comparable service
operations: (Starred items are
PUBLIC LIBRARY
For own collection
For own collection 1
For own collection *
For own collection *
For own collection *
For joint -agency library
For own collection
For own collection
Using Public Library
collection
Circulating audio and
video collections
No comparable service
Per Public Library
standards for collections
and programs
Item 2B-42
OPERATIONS COLLEGE LIBRARY PUBLIC LIBRARY
14. Provide interlibrary loan delivery
to other libraries
15. Provide interlibrary loan request
service through OCLC
16. House and service periodicals
17. Manage microcomputer laboratory
18. Manage public -access photocopiers
19. Manage meeting room reservations
and set-ups
20. Operate Business Reference Center
Directly to College Library
through SIRCULS and other
universities as appropriate
Submit requests directly
Maintain circulating and
microfilm materials as appropriate
For registered students only
Explore contract with third
party vendor
Mutually develop policies with
Public Library
Directly to County
libraries and thru
SIRCULS as appropriate
Contract with College
for items not held in
RCCPL
Maintain circulating
popular titles only
No comparable service
Explore contract with
third party vendor
Mutually develcp policies
with College Library
Item 2B-43
2.0 STAFFING AREAS
COLLEGE LIBRARY
This area may be open at different
times than the Public Library)
Academic Reference & Research Desk
Reserve Desk
College Library Collections
Microcomputer Lab
Online Public Access Catalogs
adjacent to all service desks)
Staff Workrooms and Offices
for technical and public services)
Seminar Rooms
Classroom of the Future
Staffing: All functions carried
out by College staff
Staffed Service Desks are Starred*
JOINT -USE AREA
This area must be open and
operational at all times when
either the College Library or
the Public Library is open)
Entry/Lobby
Circulation Services
Circulation Desk for public service
Workroom and Office, Storeroom
Public Restrooms
Photocopy Machines
Auditorium/Community Room
Public Information/Exhibit Areas
Staff Lounge and Restrooms
Small Group Study Room
Conference Room
Quiet Study Room
Staffing: Public Library employees
under contract to service College
Library borrowers
PUBLIC LIBRARY
This area may be open at
different times than the College
Library)
General Information/Quick
Reference Desk
Popular Periodicals Lounge/
Reading Area
Public Library (print and
non -print Collections for
adults, young adults and children)
Coin -op typewriters and/or
public microcomputers
Youth Services Desk
Online Public Access Catalogs
adjacent to all service desks)
Staff workrooms and offices for
public service functions only
Conference Rooms
Staffing: All functions carried
out by Public Library staff
Item 2B-44
3 . 0 CQLLEi_T'_« I D1J' :LOP`fEN'T POLICIESa\p F1 ',yD1 G
3.1 G?nerz3_
Each agency will have its own collection development policy
and select materials to meet the needs of its primary clien-
tele. The Public Library will select print and non -print
materials in accordance with the Riverside City and County
Public Library's Materials Selection Policy. Books and other
peint materials which support the College curriculum will be
acquired for the College's Library according to the College's
taredalsSelection Policy.
Both the Public Library and the College will provide adequate
funds to build and maintain quality collections. The Public
Library materials budget will be at least as great as that
provided for other county branch 1 ibraries serving a similar
population size and with equivalent space to accommodate the
materials collection.
Both the College and the Public Library will affirm their
commitment to the Library Bill of Rights (copy attached).
The Public Librarian and the College Librarian will confer
about any major purchases including all standing orders, to
avoid unnecessary duplication. However, each will retain final
authority over the titles selected for their respective
collections.
The Public Library will concentrate on fiction, children's
literature, nonfiction of interest to out -of -school adults,
reference materials to support the public library mission of
life-long learning, local history, and popular videocassettes
and periodicals. The College Library will concentrate on
reference materials, nonfiction which supports the College
curriculum, scholarly ,journals and limited periodical back
files, and educational videocassettes. Both will allow access
to the use of their materials by each other's clientele and
the cost of providing such access will be absorbed by each as
a reciprocal service with no exchange of funds. The only
exception would be the payment by the Public Library of a
predetermined amount annually to the College for periodicals
as described below in Section 3.2.
3.2 Periodicals
The Public Library will subscribe to periodicals of popular
interest and the College Library will subscribe to periodicals
which support the curriculum. Both the Public Librarian and
the College Librarian will confer with each other before
placing their respective annual periodical subscription orders
to avoid unnecessary duplication. A small amount of duplica-
tion in the two collections may be necessary to meet high
demand from both public and college library users,
Item 2B-45
The Public Library will maintain only minimal back files ( two
years or less ] , and will circulate all but the most recent
issue of each title. The Public Library's periodicals will be
displayed in a browsing area with lounge seating conducive to
use by the general public, not by students.
The College will maintain limited microfilm backfiles of their
periodical holdings, The microform periodical subscriptions
will be acquired by, owned by, housed by, and serviced by the
College Library and will he accessible on an equal basis to
both College Library and Public Library users.
3.3 Audiovisual Materials
Non -print materials such as sound recordings and videocas-
settes will be purchased by the Public Library to meet the
recreational, cultural, and informational needs of the general
public. Audiovisual materials including educational videocas-
settes which support the College curriculum will be acquired
as determined by the College Library.
3. 4 Business Reference Center
The Business Reference Center will be in a centrally located
shared area, available for .joint use in accordance with a
mutually agreed -on policy. Iri order to meet the informational
needs of both the business community and students enrolled in
business courses at the college, materials will be available
in both print and non -print formats and include the possibili-
ty of on-line access to business databases. Grants and private
funding sources will he explored for ongoing financial support
of the Center.
3.5 Database Access
Users of terminals in the College Library and in the Public
Library system will soon have access to holdings in adjacent
DRA-based library systems including San Bernardino County
Library, San Diego City and County libraries, County Library
of Los Angeles. Ultimately, through the state-wide Data
Research Associates accessed database (DRANET) of the Califor-
nia State Library, users will have access to the catalogs of
the University of California and beyond. Gateways to national
networks such as NREN and to commercial databases will be
available at a cost.
4. 0 LIBRARY SERVICES
4.1 Reference Service
There will be staff to assist users in locating information in
the Public Library and in the College Library. Both agencies
will provide time for their respective staffs to become ac-
quainted with the resources of each others' collections in
Item 2B-46
order to facilitate appropriate referrals. Both agencies will
refer requests for information which cannot be filled from
either of the collections in the joint facility to the inter-
library reference referral service available through the
County Library's Indio and Riverside facilities and the Inland
Library System's Reference Center. The ILS Reference Center
will use the resources of UCR, Cal State San Bernardino, Loma
Linda University and other academic, special and public
libraries in the Inland area to locate the needed information.
4. 2 Youth Services
Library service for youth will continue to be an exclusive
function of the Public Library. A separate area in the Public
Library will be provided for this unique '.iser group.
It will be staffed by a librarian knowledgeable in library
services to youth. The Public Library will provide a collec-
tion of ,juvenile materials, appropriate for a wide age range
of children, from the very young through the middle school
age. It will provide regular library programming such as
storytimes and an annual Reading Program. It will include
youth reference service and reader's advisory. In addition to
serving the youth, parents, and teachers of the community, the
youth services section will assist College students enrolled
in children's literature or child development courses and
faculty and staff involved with the College's Child Develop-
ment Center. Parents and children involved with the Center
would be encouraged to use this area of the Public Library.
This area will have its own program space.
4.3 Classroom of the Future
This room will serve as a model for the understanding and use
of state-of-the-art technology in the classroom and will be
available for training and staff development. It will include
the latest technology available in assisting the teaching/
learning process.
4.4 Microcomputer Laboratory
The College will include the operation of a Microcomputer Lab
within the College Library primarily as a user lab. The
College Library will set all policies and procedures for use
of the facility.
4.5 General Purpose Meeting Rooms
The auditorium/community room will be jointly used by the
College and Public Library and will be managed by the Public
Library in accordance with a mutually agreed -on policy such as
the "Policy for the Use of Meeting Rooms" (copy attached)
currently in use in all branches of the Public Library which
have community meeting rooms. Community room use will be
Item 2B-47
schedu i d throuzh a reservation system such as the Materials 3ookinp'
Program on the automated system. Blocks of time when it
is not needed by either the College or the Public Library may
be reserved by community groups. The
Quiet Study rooms, Small Group Study rooms and Conference rooms
would be available to anyone on a "first come -first served"
basis. The
storyhour room would belong to the Public Library and would
be used exclusively for children's programs. None
of the four types of general purpose meeting rooms would be
available for use as a classroom by the College. 5.
0 MISCELLANEOUS FUNCT[ONS 5.
1 Coin-Oner.tted Machines Coin -
operated photocopy machines should be placed in such strategic
locations as next to the periodicals and reference sections.
There should be several in the College Library and at
least two in the Public Library. A separate photocopy room off
the main lobby or adjacent to the periodicals area in the College
Library may be desirable. The
Public Library and the College Library will enter into a joint
use contract with a vendor to supply the building with photocopier
and microform reader printers. Coin -
operated typewriters/microcomputers should also be provided
in a public typing room to serve both College and Public
Library users. 5.
2 Receiving and Mail Delivery Receiving
and mail delivery will be separate functions for each
agency. Each has a delivery and mail system as well as a postage
budget which are part of their parent organizations' internal
mail systems. For the Public Library this function is assigned
to the Circulation staff which would handle delivery in
the building between the Public Library and the College Library,
The Technical Services Division of the College will be
responsible for receiving and delivering the College Library'
s mail. 5.
3 Parking Parking
in the multi -agency library lot should be limited to two
hours. In order to exit the parking lot, users would place a
token which had been obtained from the Circulation Desk in an
exit gate device.
Item 2B-48
Parking , nrorcement would be provided by the College. (High
fines would be levied on offenders; non-payment of fines would
result in loss of library privileges and blocking of tran-
scripts.)
5.4 Staff Lounge
There should be a single staff lounge with kitchen facilities
and restrooms to be used jointly by the staffs of both librar-
ies. This space would be designated "Ion -Smoking". Any
problems in its use should be resolved ,jointly by the Public
Librarian and the College Librarian.
6. 0 Friends of the Library
The College and the Public Library will encourage their respective
Friends of the Library groups to cooperate and discourage any sense
of competition. The decision of whether to merge will be left to
the two groups. It is agreed that the Public Library Friends will
continue their ongoing book sale in the Public Library part of the
building under the terms of the Public Library's policy for such
sales. It is further agreed that if the College Friends wish to
continue their current fund-raising activities, that space will be
made available in the building on a reasonable basis for their book
sales.
Item 2B-49
32-05-1993 10:15 619341E137S COLLEGE OF THE DESERT 02
EXHIBIT E
Desert CommunityCollege District
Five -Year Library Operating Budget
1992-93 1993-94 1994-95 1995-96 1996-97
Projected Costs
Personnel 230,677 242,211 278,542 292,470 349,581
New and Replacement Books 13,730 35,298 56,865 78,433 100,000
Periodicals 14,000 16,750 19,500 22,250 25,000
Media 12,000 16,975 21,750 26,625 31,500
Repair and Replace Equipment 3,260 3,695 4, 130 4,565 5,000
Leases and Lease-Pw sea 3,500 4,125 4,750 5,375 6,000
Other contract Services 5,211 11,239 17,259 23,280 29,300
Totals 212,385 330,192 402,796 452,997 546,381
Item 2B-50
J-N ae '3 12:4 PN 17147881528
P.2
EXHIBIT E
RIVERSIDE CITY OD C0U TY PUBLIC LIBRARY
FIVE -?BAR 8UDu3T PROJECTION FOR aEa PAWS ,DESERT LIBRARY
EY ' 94.95 '95-56 16-97 -97- 9a 98- 99
PROJECTED COUNTY LIBRARY RESOURCES , 8,625, 000 9,444,000 10,363, 000 11,532,000 12,852,000
without Special Dist. Augmentation Funds);
PROJECTED COSTS
Operations 53,000 t 126. 142 138,756 152,63E 167,895
Personnel 336,807 353,647 371,330 389,898 409,391
liaterials 150,000 150,000 150,000 150,000 150,000
Subtotal 569,607 629,789 660,086 892,528 727,266
4
Administration and Support 170,942 188,937 198,026 207,758 218,186
TOTAL COSTS 740,749 318,726 858,111 900,256 945,472
Palm Desert Share
of Resources (percent of total)
8 months in new building
8.59 8.67 8.28 7.81 7,36
PLD5Y1.1413 12-30-92
Item 2B-51
Attachment 5
Service Level Comparison (Fiscal Year 2020-21)
Palm Desert Rancho Mirage La Quinta Palm Springs
Service Area & Facility
Management County City County City
Population 51,167 16,804 37,654 44,397
Square Miles 27 25 35 106
Building Square Footage 20,000 45,092 20,000 38,400 *
Inputs
Operating Expenditures $1,238,029 $3,359,008 $953,442 $2,242.995
Staffing (FTEs) 14.69 25.00 13.30 14.40
Hours Open (Weekly) 58 56 56 50
Collections ** 98,086 100,925 81,283 128,380
Outputs
Circulation ** 114,306 228,110 84,049 166,107
Registered Users (% pop.) N/A 47,447 (252%) N/A 23,545 (49%)
* Palm Springs Public Library (Sunrise Way) is 34,000 SF & Welwood Murray Library is 4,400 SF
** Physical items
Item 2B-52
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 8, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: ESTABLISHMENT OF A LIBRARY TASKFORCE AND APPOINTMENT OF
MEMBERS
RECOMMENDATION:
Establish a new Library Taskforce and approve the appointment of members.
BACKGROUND/ANALYSIS:
On May 11, 2023, the City Council invited Mayor Kelly to provide names for a Library
Taskforce to be approved at a later meeting. The names below are provided. It includes all the
members of the Parks & Recreation Commission's subcommittee on the topic. Karen Gonzales
and Jann Buller are active in the Friends of the Palm Desert Library. Carol Marcuse is a former
President of the Library Promotions Committee with a background in project management and
event planning. Because this taskforce will be aiding staff in assessing a wide range of analytic
information and comparing alternatives, it is suggested that Chris Escobedo lead their
activities:
•Chris Escobedo, Staff Liaison
•Paul Murphy
•Ralph Perry
•John Maldonado
•Randy Bynder
•Matt Johnson
•Gustavo Gomez
•Karen Gonzales
•Jann Buller
•Carol Marcuse
•Evan Trubee, Council Liaison
•Jan Harnik, Council Liaison
Additional support staff as designated by the City Manager depending on the topic discussed.
FINANCIAL IMPACT:
There is no fiscal impact associated with this action.
REVIEWED BY:
City Clerk: Anthony J. Mejia
City Manager: Todd Hileman
Item 1P-1
[This page has intentionally been left blank.]
Page 1 of 4
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: June 22, 2023
PREPARED BY: Chris Escobedo, Assistant City Manager
REQUEST: REQUEST FOR DIRECTION REGARDING THE PALM DESERT
LIBRARY
RECOMMENDATION:
Provide staff direction regarding the Palm Desert Library.
BACKGROUND/ANALYSIS:
On April 4, 2023, the Parks and Recreation Committee (Committee) discussed the operation
and maintenance of the Palm Desert Library. As a result, the Committee developed a
subcommittee to discuss library concerns and requested additional information about the library
at its next meeting on May 2, 2023.
On May 2, 2023, the Committee made recommendations for City Council consideration, as
follows:
1.
2.
Review providing enhanced services for the upcoming year and taking over the
management of the library (County portion).
Explore assuming the lease or purchasing the library (College portion).
At the May 11, 2023, City Council meeting, staff presented a report on:
•
•
•
•
•
•
•
Palm Desert Library History
Partnering Agency Responsibilities
Previous Enhanced Services
Service Level Comparisons
Committee Recommendations
County plans to enhance services
Financial questions and process of withdrawal from the County system
At the meeting, the Council authorized the Mayor to seek out members for a Library Taskforce
and directed staff to further research and return with additional information on the option to
pursue fully taking over the Palm Desert Library and have it operated as a municipal library.
On June 8, 2022, the City Council voted to form and appoint the library task force. Since the
May 11th meeting, staff has spent time meeting with County officials to ensure the information
presented is both accurate and agreed upon, as well as meeting with Library Systems and
Services (LS&S) staff on their plans for service improvements. County and LS&S staff have
Item 2C-1
City of Palm Desert
Palm Desert Library
Page 2 of 4
expressed their strong intention of improving service levels and increasing responsiveness to
the public for current service delivery.
Since the inception of library services and partnership with the County, there have been several
agreements related to the allocation of Palm Desert tax dollars to the County and their benefit
to Palm Desert residents. According to the Riverside County Auditor Controller’s Report,
approximately $4.6 million in revenue is generated from property tax and former redevelopment
pass thru tax revenue from Palm Desert residents in fiscal year 2022/23. Of that amount, $3.7M
is generated by the former redevelopment agency pass thru revenues and $900,000 in residual
property tax. The County has indicated it is currently spending approximately $1.5 million
annually for library services in Palm Desert.
Additionally, with the dissolution of redevelopment in 2012, the City was required by state law to
remit all pass thru funds held, pursuant to the agreements, to the County for a total of $10 million.
Following the remittance of Library Funds, the City requested and was able to secure $4M to
buy-out the remainder of the building and lease from the Desert Community College District who
at the time was interested in selling. City staff recently met with representatives of Desert
Community College District and they expressed their plans to continue to operate their portion
of the existing library, which would provide an opportunity to request reallocation of the $4M
towards a new facility.
In staff’s estimation it would take $10M to $15M to fully renovate the existing library facility (not
including the Desert Community College District portion), which at such point should warrant
consideration of construction of either 1 or 2 new “City owned” library facilities with different
programmatic focus in both the north and south areas of the City.
Based on this information, City staff asked the County how the financials would work if the City
remained or withdrew from the County library system. Below is the summary:
Remain with County System
•
•
•
•
County will work with work with City to increase service levels.
City does not have to pay additional; Existing library revenue to be used.
$4M reserved by County from former RDA library pass through.
County willing to partner with the City to use the $4M for a new City library.
Withdraw from the County System
•
•
•
It is estimated that $2.6M (of the $4.6M) annually would be redirected to the City and
would adjust based on annual economic conditions.
The County estimates current annual library expenditures at $1.5M annually.
County staff is supportive of transferring the $4M reserved by County for the City to
construct a new facility, Board approval and negotiations with Desert Community
College would need to take place.
Based on the current library operation expense, the revenue projected revenue exceeds the
cost, which would support withdrawal. At the same time, the County is willing to work with the
Item 2C-2
City of Palm Desert
Palm Desert Library
Page 3 of 4
City to enhance service levels should the City remain in the County system. Staff is seeking
direction from Council on which direction it would like to proceed and based on the direction
the bullet points below provide the necessary workplan to effectuate those outcomes.
Remain with County System
•
•
•
•
Library now fully staffed with interim librarian.
Develop plan with task force and community on service enhancements.
Agreement with County to clarify funding.
Restructure lease with Desert Community College District on facility.
Withdraw from the County System
•
•
•
•
•
•
•
Commencement of service July 1, 2024.
Conclude legal analysis of all agreements.
Approve notice to withdraw and adopt ordinance to establish municipal ordinance for
library services, which needs to be in place before December 2023.
Negotiate withdrawal agreement with County which needs to be concluded on a parallel
track as the notice to withdraw and municipal ordinance.
Negotiate a short-term lease with Desert Community College District and in place by
December 2023.
Develop staffing and service model with taskforce and community also determined by
December 2023.
Identify new locations and funding source for construction and operation of City owned
library.
Policy Questions
Staff is seeking direction on the following policy questions:
1)
a.
b.
2)
a.
b.
c.
d.
e.
Does the Council want to remain with the County Library System?
Stay at the current location or a new one in partnership with the County.
Enhance existing service levels from the annual revenue amount with taskforce
and community input.
Withdraw and establish a municipal library system?
Issue notice and establish municipal district through ordinance.
Negotiate withdrawal agreements with County.
Short term lease with Desert Community College District.
Develop staffing options with taskforce and community input.
Assess current library, identify new locations and new build options.
In either option, staff would work to facilitate the necessary items to commence on July 1, 2024.
Item 2C-3
City of Palm Desert
Palm Desert Library
Page 4 of 4
FINANCIAL IMPACT
There is no direct financial impact associated with this report, however, subsequent reports will
require financial consideration based on the direction provided from City Council as a result of
this report.
REVIEWED BY:
Department Director: Chris Escobedo
City Attorney: Isra Shah
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
Item 2C-4
Library Taskforce
City of Palm Desert
July 2023
Supplemental Packet 2-1
Limited in duration
Primary work to be completed by
Nov./Dec. 2023
Assignments are intended to be
completed in working groups
Formation of the Library Taskforce
No Chairperson / Vice Chairperson
Supplemental Packet 2-2
Role of Subcommittees/Working Groups
Develop RecommendationsWorking Groups
All recommendations need to be
presented to the full committee before
any actions are taken. This ensures the
public can weigh in on the issue at the
committee level.
Most often subcommittees are
formed as working groups to study
an issue. Must be less than a
quorum of members and limited in
scope and duration.
Recommendations for new programs
or services must be forwarded to the
City Council for authorization.
Forward to City Council
Supplemental Packet 2-3
The Taskforce Member's Role
Reminders
Serve the best interest of the community as a whole
Individual members are not permitted to speak on behalf of
the City unless authorized to do so by the City Manager
Media Contact: Please ensure that you indicate that you
are speaking as an individual and not as a representative
of the City
Arrive On-Time: Be respectful of your colleagues time, please
notify the Recording Secretary if you intend to be late
Come Prepared: Review materials and inform staff of your
questions in advance, if possible
Electronics During Meeting: Please refrain from using personal
electronics/phones during the meeting, unless an emergency.
Supplemental Packet 2-4
Key Contacts
Staff Liaison
Recording Secretaries
Questions?
Chris Escobedo,
Assistant City Manager
cescobedo@palmdesert.gov
(760) 776-6319
Anthony Mejia, City Clerk
amejia@palmdesert.gov
760-776-6304
Michelle Nance, Deputy Clerk
mnance@palmdesert.gov
(760) 776-6301
Anthony Mejia, City Clerk
amejia@palmdesert.gov
Robert Hargreaves, City Attorney
robert.hargreaves@bbklaw.com
Supplemental Packet 2-5
The Brown Act & Exceptions
Individual Contacts Community meetings held
by other organizations
Conference & Seminars Social & Ceremonial Events
Avoid discussing taskforce business with
members outside of a taskforce meeting or
working group
Supplemental Packet 2-6
Statement of Economic Interests (Form 700)
The Political Reform Act
Disclosure Categories 2 & 5
Prohibits a public official from using his or her official
position to influence a governmental decision in which
he or she has a financial interest.
Category 2: All interests in real property located in whole or part within,
or not more than two (2) miles outside, the jurisdiction of the City.
Category 5: All investments and business positions in business entities,
and sources of income, that provide services, products, materials,
machinery, or equipment of a type purchased or leased by the
committee/department.
Supplemental Packet 2-7
When You Have A Conflict - Recusal
Leave the Meeting RoomAnnounce Your Conflict To Speak During Public Comment
You may not influence the
decision and must leave
the meeting room
You must announce you have a
financial conflict & describe the
nature of the conflict
If you would still like to comment
as a member of the public, please
contact the City Attorney or Clerk
Supplemental Packet 2-8
Advisory Body
Reference Guide
June 30, 2023
City of Palm Desert
Supplemental Packet 2-9
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 1
CONTENTS
1.WELCOME ......................................................................................................................... 3
2.GENERAL INFORMATION ................................................................................................. 3
3.City of Palm Desert Appointed Bodies ................................................................................ 4
A.City Council Sets Priorities ............................................................................................... 4
B.Recruitment Process ........................................................................................................ 4
C.Appointment Process ....................................................................................................... 4
D.Terms of Office ................................................................................................................ 5
E.Oath of Office ..................................................................................................................... 5
F.State Required Ethics Training ........................................................................................ 6
G.Statement of Economic Interests (Form 700) ................................................................... 6
H.Attendance Requirements ................................................................................................ 6
I.Excused Absences ....................................................................................................... 6
II.Unexcused Absence ..................................................................................................... 6
III.Limits on Unexcused Absences .................................................................................... 7
IV.Waiver of Unexcused Absences ................................................................................... 7
4.ROLES AND RESPONSIBILITIES ...................................................................................... 8
A.Role and Responsibilities of the Chairperson ................................................................... 8
B.Meeting Protocol .............................................................................................................. 9
C.Role & Responsibilities of Appointed Members ................................................................ 9
D.Limitation on Scope of Authority....................................................................................... 9
E.Speaking on Behalf of the Appointed Body ...................................................................... 9
F.Establish a Good Working Relationship with Other Members .........................................10
I.Come Prepared ............................................................................................................10
II.Be Prepared to Vote ....................................................................................................10
G.Preparing Motions ...........................................................................................................11
H.Best Practices on the Conduct of Appointed Members ...................................................11
I.Role of the City Council Liaison ......................................................................................12
J.Role of an Alternate Member ..........................................................................................12
5.THE RALPH M. BROWN ACT (OPEN MEETING LAWS) ..................................................13
A.What is a Meeting? .........................................................................................................13
B.Meeting Types ................................................................................................................13
I.Regular Meetings .........................................................................................................13
II.Special Meetings ..........................................................................................................13
III.Adjourned Meetings .....................................................................................................14
C.Public Participation .........................................................................................................14
Supplemental Packet 2-10
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 2
D. Ex Parte Communications/Quasi-Judicial Proceedings ...................................................14
E. Use of Electronics During a Meeting ...............................................................................15
F. Serial Meetings Prohibited ..............................................................................................15
G. Warning on the Use of Electronic Communications .........................................................16
H. Gatherings That Are Not Meetings ..................................................................................16
I. Individual Contact Exception ........................................................................................16
II. Conference Exception ..................................................................................................16
III. Other Public Meetings Exception .................................................................................16
IV. Meetings of Other Legislative Bodies Exception ...........................................................16
V. Social or Ceremonial Occasions Exception ..................................................................16
VI. Standing Committee Exception ....................................................................................16
I. Meeting Agendas ............................................................................................................17
J. Action Minutes ................................................................................................................17
K. Meeting Records .............................................................................................................17
6. CONFLICTS OF INTEREST ..............................................................................................18
A. Types of Financial Interests ............................................................................................18
B. Recusal Requirements ....................................................................................................18
Prepared by:
City of Palm Desert
Office of the City Clerk
cityclerk@palmdesert.gov
(760) 346-0611
Version I, Published on June 30, 2023.
Supplemental Packet 2-11
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 3
1.WELCOME
The Palm Desert City Council, City Manager, and staff welcome you as a member of one of the
City’s Boards, Commissions, Committees, or Taskforces (“appointed bodies”). As a member,
you are now considered a public official serving in an advisory capacity to the City Council
performing a valuable service by addressing community issues and needs. The City Council
looks forward to your contribution as we work together to provide efficient municipal services that
are responsive to local needs and expectations.
2.GENERAL INFORMATION
The City of Palm Desert is governed by a five-member City Council elected by district to four-year
terms. The Mayor and Mayor Pro Tempore are selected by majority vote of the City Council and
each serve for a term of one year. The City Council, as the legislative body, is responsible for
setting policies and providing overall direction for City operations.
The City operates under a Council-Manager form of government, which combines the strong
political leadership of elected officials with the strong managerial experience of an appointed
professional manager. All power and authority to set policy rests with the elected governing
body, the City Council. The City Council in turn hires a nonpartisan City Manager who has full
authority to run the organization.
As elected representatives, Councilmembers provide a direct link with residents and
consequently ensure the responsiveness of municipal activities. To gain a greater awareness of
the sentiments of residents, the City Council also appoints appointed bodies made up of residents
familiar with the community and its needs. These groups further expand the opportunity for
resident participation in City government.
Supplemental Packet 2-12
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 4
3. CITY OF PALM DESERT APPOINTED BODIES
Currently, the City Council has established 14 volunteer Boards, Commissions, Committees, and
Taskforces to review City programs, projects, and community issues. These appointed bodies
provide greater community participation and input into local government and facilitate informed
decisions by the City Council. This Reference Guide is designed as an informational tool
presenting a statement of purpose, policies, and guidelines that outline the role, operation, and
responsibilities of the appointed bodies.
• Architectural Review Commission
• Building Board of Appeals
• Civic Engagement Committee
• Cultural Arts Committee
• Cultural Resources Preservation
Committee
• El Paseo Parking & Business
Improvement District Board
• Finance Committee
• Homelessness Taskforce
• Housing Commission
• Marketing Committee
• Parks and Recreation Committee
• Planning Commission
• Public Safety Committee
• Resource Preservation & Enhancement
Committee
A. City Council Sets Priorities
To respond to the ever-changing needs of the community, the City Council provides direction to
staff by setting priorities at City Council meetings, taking formal actions, reviewing strategic and
staffing plans, and most importantly, by review, approval, and adoption of the annual budget.
City Council actions and direction, ultimately lay the foundation for all work expected to be
accomplished in a particular time frame. Through those efforts, the work then flows through to
the City’s appointed bodies.
The appointed bodies play a pivotal role in the implementation of policy. This work goes hand-in-
hand with the work of staff and ultimately, the work of the City Council. Many, if not all, appointed
body work items reflect the vision, mission, or priorities of the City Council. Reviewing the Palm
Desert Municipal Code section related to your appointed body will assist you in understanding
the function of the appointed body you now serve on, especially its authority, responsibilities,
and relationship to the City Council, staff, and other appointed bodies.
B. Recruitment Process
Any resident interested in serving on an appointed body is invited to apply (non-residents will be
considered on a case-by-case basis when applicable). Interested applicants must complete an
application and submit it to the City Clerk’s Office. Applications are accepted year-round.
C. Appointment Process
The appointment process is administered by the City Clerk’s Office. Members serve staggered
four-year terms to ensure continuity of operations. The City Council approves all appointees at
an official meeting.
Supplemental Packet 2-13
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 5
Prospective members must complete an application and participate in an interview process prior
to appointment. The City Clerk’s Office partners with the Public Affairs team to advise the public
of available service opportunities and directs them to the City’s website to complete an
application. Existing members that wish to be reappointed due to an expiring term are also
required to submit an updated application.
As applications are received, the City Clerk’s Office coordinates a review process to ensure
prospective members are residents of the city and meet any special qualifications of the
appointed body, as applicable.
In February of each year, Councilmembers are provided an overview of the appointment
process. This overview also includes information on terms that are due to expire on June 30 of
that year, and if any current members have expressed an interest in serving another term.
Applicants that have been qualified for service are scheduled for an interview with the City
Council. Existing members who wish to continue their service may also be asked to participate in
the interview process.
Following the interview process, the City Council may appoint an applicant to an appointed body
that best fits the needs of the city. Existing members who reapply for an additional term may be
interviewed to determine reappointment or potential reassignment to fulfill a need on another
appointed body. Alternatively, the City Council may choose to forgo an interview and reappoint
existing members to their current appointed body.
Interviews are typically scheduled in May of each year to provide sufficient time to confirm
appointments at a City Council meeting prior to terms beginning on July 1 of each year. However,
interviews may be held at any time when there is a need to fill an unscheduled vacancy.
Once confirmed by City Council, appointees are provided applicable member information/
post-appointment paperwork (i.e., Form 700, AB 1234 Ethics Training) that must be submitted
within established deadlines.
D.Terms of Office
In most circumstances, the term of office shall be a four-year term, commencing on July 1 and
ending on June 30, except for appointments made to fill unexpired terms of office, or
appointments made to fill new positions created during the year, but which will be ultimately
based upon the fiscal year thereafter. Following expiration of the term of office, and if requested
by the City Council, each member shall continue to serve until either s/he is reappointed, or a
successor is qualified and appointed. Each member shall be eligible for reappointment at the
discretion of the City Council. At any time, appointees may be removed by a majority vote of the
full City Council.
E.Oath of Office
Upon appointment to a City Board, Commission, Committee, or Taskforce, members of
appointed bodies shall sign an Oath of Office prepared by the City Clerk.
Supplemental Packet 2-14
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 6
F. State Required Ethics Training
Implemented in January 2007, the AB 1234 – Ethics Law requires that all local agencies must
provide ethics training to local agency officials every two years. The term “legislative body”
includes not only the governing body of a local agency, but also any Board, Commission,
Committee, Taskforce, or other body of a local agency, whether permanent or temporary,
decision-making, or advisory.
All members are required to take a two-hour on-line training session that allows local officials to
satisfy the requirements of AB 1234 on a cost-free basis.
G. Statement of Economic Interests (Form 700)
As required by State law and the City’s Conflict of Interest Code, all appointed body members
are required to disclose certain financial information in a Statement of Economic Interests. The
City Clerk will provide appointees who are designated in the Conflict of Interest Code with forms
and instructions following appointment. Appointees must file these forms within 30 days of
assuming office, and every year thereafter for the length of your term. At the end of your term, a
Leaving Office Statement is required within 30 days of leaving office.
All members should avoid the appearance of bias in pending City matters. Any member who has
a doubt as to whether they have a financial interest in any decision before their appointed body
should contact the City Attorney or the California Fair Political Practices Commission before
participating in the decision-making process.
H. Attendance Requirements
For appointed bodies to function effectively and accomplish their goals, all members must be
active participants. To ensure that meetings will have a quorum, it is urged that members please
notify the Recording Secretary or Staff Liaison if you will be late or absent as far in advance of
the meeting as practicable. Below are the attendance requirements based on the appointed
body’s meeting frequency:
I. Excused Absences
An “excused absence” may be granted due to illness or injury, unexpected business,
emergencies, important personal business, official City business, or any reasonable
excuse that is approved by the appointed body.
Members should notify the Recording Secretary or Staff Liaison in advance of the meeting.
During the roll call, the Recording Secretary will announce the reason for the member’s
absence and request confirmation of the excused absence by the appointed body.
II. Unexcused Absence
A member who does not meet any of the conditions for an excused absence or fails to
notify the Recording Secretary or Staff Liaison in advance of the meeting will be marked
as an unexcused absence.
Supplemental Packet 2-15
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 7
III. Limits on Unexcused Absences
Unexcused absences shall result in automatic resignation under the following circumstances:
• Six unexcused absences from regular meetings in any twelve-month period on
appointed bodies that meeting twice monthly.
• Three unexcused absences from regular meetings in any twelve-month period on
appointed bodies that meeting monthly.
• Two unexcused absences from regular meetings in any twelve-month period on
appointed bodies that meeting bimonthly.
• One unexcused absence from a regular meeting in any twelve-month period on
appointed bodies that meet quarterly.
IV. Waiver of Unexcused Absences
Upon reaching the maximum number of unexcused absences, the City Clerk shall notify
the member that they are subject to automatic resignation and shall provide a 15-day
grace period for the member to request waiver of any unexcused absence(s) from the
Mayor. You may send your waiver request to mayor@palmdesert.gov.
Supplemental Packet 2-16
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 8
4. ROLES AND RESPONSIBILITIES
A Chairperson and a Vice Chairperson are selected annually by the members of the appointed
body. The Chairperson serves as the P residing Officer of all meetings. In the Chairperson’s
absence, the Vice Chairperson serves as the Presiding Officer.
In the event of both being absent, the Recording Secretary will call the meeting to order, and the
members will select a temporary Chairperson to serve until adjournment or the arrival of the
Chairperson or Vice Chairperson.
All members of the appointed body have the same voting power. The Chairperson, however,
plays a special role in facilitating an effective meeting.
A. Role and Responsibilities of the Chairperson
The Chairperson is the Presiding Officer and shall preserve order and decorum at all meetings of
the appointed body, announce the appointed body’s decisions, and decide questions of order.
The Chairperson is responsible for ensuring the effectiveness of the group process. A good
Chairperson will facilitate the involvement of all members of the appointed body at the same time
allowing for adequate public participation. In the absence of the Chairperson, the Vice
Chairperson shall act as the Presiding Officer.
In addition, the Chairperson shall confine members in debate to the question under discussion
and ensure that members refrain from commenting or entering into conversation with speakers
during public comments or during public hearings, until all speakers have been heard.
The Presiding Officer may move, second, and debate from the Chair, subject only to such
limitations of debate as are imposed on all members, and they shall not be deprived of any of
the rights and privileges of a member by reason of them acting as Presiding Officer.
Other duties of the Chairperson include:
• Stating all questions submitted for a vote.
• Explaining to the public how the meeting will be conducted.
• Encouraging groups or organizations to select a spokesperson to speak on their behalf
and encourage them to not repeat comments made by prior speakers, but rather only
indicate their agreement with such comments.
• Informing speakers that they must address their comments to the appointed body rather
than individual members, staff, a project applicant, or anyone else involved in the
proceedings.
• Determining, based on the meeting agenda, a schedule for breaks if needed. The
Chairperson should strive to call a 10-minute recess at regular intervals of approximately
one hour.
Supplemental Packet 2-17
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 9
B.Meeting Protocol
It is expected that the Presiding Officer will facilitate meeting protocol established by the City
Council and State law. It should be noted that the Chairperson sets the tone of the meeting by
keeping discussions on track, encouraging fairness, and bringing the body to the point of decision,
even on complicated or controversial issues. The Recording Secretary or other staff may assist the
Chairperson in starting the meeting on time and provide guidance in meeting protocol.
C.Role & Responsibilities of Appointed Members
The primary role of the appointed body is to provide judicious and independent advice to the City
Council, the elected policy-making body of the City. The appointed body’s role can include
hearing public testimony on the City Council’s behalf, building community consensus for
proposals or projects, reviewing written material, facilitating study of issues, guiding
implementation of new or regulating established programs, assessing alternatives regarding
issues of community concern, and ultimately forwarding recommendations to the City Council for
its consideration.
There may be times when the appointed body’s recommendations will not be sustained or will be
modified by the City Council. It is important for the members to recognize that this is not a
rejection of the integrity of their recommendation but an inevitable part of the process of
community decision-making.
D.Limitation on Scope of Authority
Appointed bodies are not involved in the administration or operation of City departments.
Members may not direct administrative staff to initiate programs and may not conduct major
studies or establish policy without the approval of the City Council. City staff members are
available to provide general staff assistance to the appointed body.
E.Speaking on Behalf of the Appointed Body
Please note that as an individual member you are not permitted to speak on behalf of your
appointed body unless authorized to do so by formal action.
Media Contact - If contacted by the media or other interested groups, you may state that
you are currently serving on an appointed body, but you must advise the media that you are
not speaking in that capacity unless the City Manager has authorized you to do so.
Furthermore, you cannot commit the appointed body or city to any type of proposed action,
study, or future discussion.
Supplemental Packet 2-18
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 10
F. Establish a Good Working Relationship with Other Members
On many occasions, the success or failure of the efforts of a member is largely dependent upon
the degree of cooperation evident among the individual members of the appointed body. To
build a consensus around common goals and objectives, members will often have to first
reconcile contradictory viewpoints and show a willingness to objectively consider the real and/or
basic issues.
Another way of developing this cooperation is for each member to ensure that meetings proceed
in an orderly manner. The Chairperson is primarily responsible for seeing that consideration of
agenda items moves along expeditiously, but with reasonable time allocated to each item. Each
member can assist the Chairperson by becoming familiar with the basic rules of parliamentary
procedure and by adequately preparing for the meeting.
Other important points which each member should consider in the relationship with other
members are as follows:
I. Come Prepared
Staff reports define projects, help the appointed body and the public understand complex
problems, review alternative solutions, and determine courses of action. Part of your
responsibility as a member is to review all materials provided to you in your agenda packets.
These reports and the information they contain are central to good decision-making.
After reading your reports, contact staff with follow-up questions. This allows staff to
conduct additional research if needed or serves as an alert to include something when
presenting their overview of that item. The purpose of a public meeting is to accomplish
the public’s business in as productive, efficient, and professional manner as possible.
Remember, there may be individuals in the audience who are waiting for an opportunity
to speak or for a later item on the agenda. Unnecessarily long meetings may ultimately
discourage the public from attending future meetings.
II. Be Prepared to Vote
Being prepared will greatly assist you when it comes time to vote on an issue. If
members abstain or refuse to participate when they do not have a genuine conflict of
interest, they are not carrying out the primary job for which they were appointed.
Motions should be clearly stated and require a second. Once the motion has been
restated by the Chairperson, the vote is called. While regular “ayes” and “noes” are
straightforward, an abstention or recusal is not. Under parliamentary procedure, if you
are “abstaining,” you are giving up your right to vote.
When a member has a conflict of interest, prior to commencement of the staff report on
said item, a member who recuses himself must announce the reason for the record.
Following the announcement, the member should then leave the meeting room to not
influence the decision-making process. That recusal is then recorded in the minutes.
Supplemental Packet 2-19
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 11
G. Preparing Motions
Appointed body meetings are usually conducted according to parliamentary procedure. The
Chairperson directs the meeting, and his/her rulings must be followed unless they are overruled
by a majority of the appointed body.
When a member wishes to propose an action on a particular item, the member makes a motion. A
motion goes through the following steps.
1. The member asks to be recognized by the Chairperson.
2. After being recognized, the member makes the motion: “I move that we…”
3. Another member seconds the motion: “I second the motion.”
4. The Chairperson restates the motion and asks for discussion on the motion.
5. When the Chairperson determines that there has been enough discussion, the debate
may be closed with: “Is there any further discussion?” or, if a member of the appointed
body “calls for the question.”
6. If no one asks for permission to speak, the Chairperson then puts the question to a vote:
“All those in favor say aye.” “All those opposed say nay.” The Chairperson should restate
the motion prior to the vote to ensure the motion is clearly understood by all. A roll call
vote should be taken if the body is taking final action to obligate the City to take a
particular action such as entering a contract, granting a permit or entitlement, or making
a recommendation to the City Council.
7. After the vote, the Chairperson announces the decision.
H. Best Practices on the Conduct of Appointed Members
Below are best practices related to the conduct of members so that the actions and deliberations
of the City’s appointed bodies can be conducted in an atmosphere free from personal animosity
and hostility and that all actions serve to increase public confidence in the City of Palm Desert’s
government.
1. Adhere to a high level of ethical conduct in the performance of public duties.
2. Represent and work for the common good of the city.
3. Pursuant to State Law, refuse to accept gifts of favors or promises of future benefits
which might compromise or impair independent judgment or action.
4. Provide unbiased, fair, and equal treatment for all persons and matters coming before
the body whether in person, in writing, or in email communication.
5. Understand and faithfully perform all duties of office as defined by the Palm Desert
Municipal Code, State Law, and City Council directive.
6. Refrain from any actions where there may be a conflict of interest.
7. Learn and study the background and purpose of important items of business before voting,
members are asked to work with staff prior to the meeting on questions of clarification.
8. Be tolerant of all views expressed at public meetings.
9. Refrain from abusive conduct, personal charges, or verbal or written attacks made upon
others.
Supplemental Packet 2-20
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 12
I. Role of the City Council Liaison
The City Council may designate a Councilmember as a liaison to an appointed body. The City
Council liaison facilitates communication between the City Council and the appointed body. A
City Council Liaison is not a member or advocate of the appointed body and does not give
direction or influence decisions but can assist and provide information.
J. Role of an Alternate Member
The City Council may establish a certain number of alternate members for any appointed body.
An alternate member may attend appointed body meetings as a nonvoting, nonparticipating
member. In the event of an absence of a regular member, the alternate member may sit with the
appointed body as a voting, participating member. Alternate members are exempt from the
attendance requirements.
Supplemental Packet 2-21
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 13
5.THE RALPH M. BROWN ACT (OPEN MEETING LAWS)
The City of Palm Desert’s appointed bodies are subject to State law governing open meetings
and records. The California law governing open meetings is found in the California Government
Code, Sections 54950-54962 and is popularly referred to as the “Brown Act.” The intent of the
Brown Act is that meetings of legislative bodies, including appointed bodies, shall be open to the
public.
A.What is a Meeting?
Meetings of the appointed body must comply with the open meeting requirements of the Brown
Act. The term "meeting" is very broadly defined as any congregation of a majority of the
members of the appointed body at the same time and place to hear, discuss, or deliberate upon
any matter which comes under the subject matter jurisdiction of the appointed body.
B.Meeting Types
City appointed bodies may hold three types of meetings: regular, adjourned regular, and special
meetings. The Recording Secretary to the appointed body is responsible for identifying the type
of meeting and posting all notices.
I.Regular Meetings
Regular meetings are held at the time and place specified in a duly adopted ordinance,
resolution, or minute order. Regular meetings may be “adjourned to” another date and
time and are considered “regular adjourned meetings.”
The Brown Act requires appointed bodies to conduct public meetings. A “meeting” is
considered to take place any time that a “quorum” of the members gathers to discuss
that body’s business.
The Brown Act prohibits a quorum from meeting privately and specifically prohibits “any
use of direct communication, personal intermediaries or technological devices…
employed by a majority of the members of the [appointed] body to develop a collective
concurrence as to action to be taken on any item by the members of the [appointed]
body.” Therefore, the prohibition extends not only to personal contacts of the members
among themselves outside the public meeting, but it also prohibits “serial” meetings
whereby information is ultimately exchanged among a quorum of members whether
simultaneously in one another’s presence or not.
II.Special Meetings
Special meetings may be called if needed and when called, have a 24-hour agenda
noticing requirement. These meetings are typically scheduled for items that have come
up unexpectedly or when a workshop is needed on a particular matter. The Brown Act
requires that during these meetings, only the issues agendized can be discussed.
Therefore, Business from the Floor and non-agenda public comment is not included on
the agenda.
Supplemental Packet 2-22
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 14
III. Adjourned Meetings
Adjourned meetings are regular meetings that have been adjourned to a time and place
specified in the order of adjournment, with no agenda required for regular meetings
adjourned for less than five calendar days if no additional business is transacted.
C. Public Participation
Each member of the audience speaking to the body shall limit their comments to no more than
three minutes and speak one time only on each agendized item. Time limits may be waived or
reduced by the Chairperson based on the number of speakers on any specific item when
uniformly applied. A speaker may not defer their time to other speakers.
And, to ensure that all speakers are treated equally and in a fair and consistent manner,
members should refrain from interrupting the speakers before the end of their allotted time.
Please remember that addressing the body can be a difficult and intimidating process for
residents and they have a right to speak uninterrupted.
Speakers must always address their comments or questions to the appointed body rather than
individual members, staff, a project applicant, or anyone else involved in the proceedings.
Members should refrain from prolonged discussions on the public comment or other non-agenda
items. Instead, the member is encouraged to request that staff follow-up with the speaker or to
agendize the matter for a future discussion if warranted.
D. Ex Parte Communications/Quasi-Judicial Proceedings
An ex parte communication is a communication made outside the meeting between an
appointed body member and any person in the public concerning a quasi-judicial proceeding to
be heard by the appointed body. A quasi-judicial proceeding refers to any proceeding in which
the appointed body is obliged to objectively determine facts and draw conclusions from them so
as to provide the basis of an official action, typically in the form a public hearing or appeal
hearing. This type of communication about a project occurs when you receive information – by
meetings on the street, phone calls, and even e-mails – outside of the quasi-judicial process.
Reliance on information received in this way can be unfair because the opposing parties are not
there to rebut the information.
If you are about to receive this kind of information, you should explain that you are not permitted
to discuss the issue outside of the hearing. Anyone involved in making the decision must hear all
the evidence. Ask the person to submit their comments in writing for the consideration of the full
body. The comments will then be included as part of the record (and have greater legal effect). If
the discussion occurs or an email is received that did not get distributed to the full body, then
disclose the contact and substance of the communication at the hearing by stating for the public
record: (a) the nature of that communication, (b) with whom the ex parte communication was
made, and (c) a brief statement as to the substance of the communication.
Supplemental Packet 2-23
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 15
E. Use of Electronics During a Meeting
Please note that communication via cell phones, laptops, or other electronic devices by sending or
receiving text messages/e-mails during meetings, with the exception for personal emergencies, is
prohibited. In addition, anything being transmitted on your device(s) could be subject to a public
records request.
In March 2017, the California Supreme Court ruled that communications of state and local
officials and employees regarding official agency business may be subject to the Public Records
Act (PRA) regardless of the type of account used in their preparation or transmission, including
personal devices and accounts. The Court found that emails and text messages are sometimes
used as official communications due to the immediacy and ease these platforms provide.
F. Serial Meetings Prohibited
A meeting may also take place in situations where a majority of the members of the body do not
meet face to face. The Brown Act expressly prohibits the use of devices, such as direct
communication, personal intermediaries, or technological devices to develop a collective
concurrence as to actions to be taken. For example, a member of the appointed body may not
contact a majority of its members by telephone, e-mail, fax, or by a third party to discuss any
matter within its subject matter jurisdiction. Most often, this type of a meeting occurs through a
series of communications by individual members that ultimately involves a majority of the
members. These meetings are called “serial meetings”.
The serial meeting may occur by either a “daisy chain” or a “hub and spoke” sequence. In the
daisy chain scenarios, Member A contacts Member B, Member B contacts Member C, Member
C contacts Member D and so on, until a quorum has discussed, deliberated, or acted on an item
within the appointed body’s subject matter jurisdiction.
The “hub and spoke” process involves at least two scenarios. In the first one, Member A (the
“hub”) sequentially contacts Members B, C, and D and so on (the “spokes”), until a quorum has
been contacted. In the second scenario, a staff member (the “hub”) functions as an intermediary
by communicating with a majority of members (the “spokes”) prior to a formal meeting and, in
the process, information about the members’ respective views is revealed.
Each scenario violates the Brown Act.
Staff may engage in separate conversations or communications outside of an open and noticed
meeting with members of the appointed body in order to answer questions or provide information
regarding a matter that is within the subject matter jurisdiction of the appointed body if that
person does not communicate to members of the appointed body the comments or position of
any other member.
Members should always be vigilant when discussing local agency business with anyone to avoid
conversations that could lead to a discussion, deliberation, or action taken among the majority of
the appointed body.
Supplemental Packet 2-24
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 16
G. Warning on the Use of Electronic Communications
The use of cell phones with texting capabilities and emails have almost negated the need for
one-on-one meetings. Please note that the use of these technologies makes serial meetings
even easier to occur. Because e-mail communication can ultimately lead to the exchange of
information intended to, or which may, create collective concurrence among a quorum of
members, e-mail communications between members should be avoided as it could result in a
Brown Act violation. Most importantly, when replying to a group email, never hit “Reply All”
when responding.
H. Gatherings That Are Not Meetings
There are six types of gatherings that are not subject to the Brown Act. The six exceptions are
as follows:
I. Individual Contact Exception
Individual contacts between a member of the appointed body and any other person. This
exception recognizes the right to confer with constituents, advocates, consultants, news
reporters, City staff, or a colleague.
II. Conference Exception
Attendance of a majority of the members at a conference or similar gathering open to the
public that involves a discussion of issues of general interest to the public agencies of the
type represented by the body, provided a majority of the members do not discuss among
themselves specific business within the body’s subject matter jurisdiction.
III. Other Public Meetings Exception
Attendance of a majority of members at an open and publicized meeting organized to
address a topic of local community concern by a person or organization other than the
local agency, provided a majority of the members do not discuss among themselves
specific business within the body’s subject matter jurisdiction.
IV. Meetings of Other Legislative Bodies Exception
Attendance of a majority of the members at an open and noticed meeting of another
body of the local agency, provided a majority of the members do not discuss among
themselves specific business within the body’s subject matter jurisdiction.
V. Social or Ceremonial Occasions Exception
Attendance of a majority of the members at a purely social or ceremonial occasion,
provided a majority of the members do not discuss among themselves specific business
within the body’s subject matter jurisdiction.
VI. Standing Committee Exception
Attendance by a majority of the members at an open and noticed meeting of a standing
committee of that body, provided that the members of the body who are not members of
the standing committee attend only as observers.
Supplemental Packet 2-25
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 17
I. Meeting Agendas
Agendas are prepared by Recording Secretaries in accordance with the format approved by the
City Manager and City Clerk and in accordance with the requirements set forth in the Brown Act.
Agendas provide the framework for meetings and are used to notify the public of what actions
the appointed body will be considering and must follow the following requirements:
• The agenda must be posted in an area freely accessible to the public.
• The agenda for regular meetings must be posted at least 72 hours in advance.
• The agenda for special meetings must be posted at least 24 hours in advance.
Non-Agenda Items:
• A body cannot discuss or act on any item not appearing on the agenda.
“Narrow” exceptions to the rule include:
• Briefly responding to comments made by a person during the public comment period.
• Asking staff for clarification.
• Directing staff to place an item on a future agenda.
• Making a brief announcement or report regarding the member’s own activities.
Additional exceptions to the non-agenda items rule include the following:
• Emergency situations that qualify for “emergency meetings”.
• When two-thirds of the members decide there is a need to take immediate action on a
matter that was brought to their attention after the agenda was posted.
Order of Agenda Items – The body will follow the order of items as listed on the agenda unless
the Chairperson or a member requests a change in the order of items and a motion to that effect
passes by a majority vote.
J. Action Minutes
Minutes serve as the legal record of actions and proceedings and are required by State law and
by City Council policy. In accordance with Resolution No. 2022-30, action minutes are the official
format for the City of Palm Desert.
Therefore, the general discussion or deliberative process of an agenda item are not included in
the minutes. Remarks made by individual members and summaries of oral reports made by staff
are also not to be included. Findings required in quasi-judicial matters are included and should
be stated as part of the motion. Comments by the public are referenced but should not be
detailed in the minutes.
K. Meeting Records
The public has the right to review agendas and supporting documents that are distributed to a
majority of members unless the documents fall under Attorney/Client privilege.
Agenda-related writings must be made public:
• At the meeting if prepared by the local agency or a member of its appointed body.
• After the meeting if prepared by some other person.
Supplemental Packet 2-26
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 18
6. CONFLICTS OF INTEREST
California's Political Reform Act was adopted by the voters in 1974 and it states that when a
public official has a financial interest in a decision before him or her, the public official must step
aside from the decision-making process.
This is referred to as a "conflict of interest" because the public official must put the public's
interests in a decision first and foremost but may be tempted to have one's personal financial
interests influence the decision.
Since it is hard for the public to be assured that a public official's personal financial interests did
not influence a decision, the law requires the public official to step aside from the decision-
making process. This way, the public is assured that the official’s personal financial interests do
not influence the final decision.
Determining whether you have a conflict of interest is a complex legal analysis which in most
cases requires legal assistance. You are encouraged to contact the City Attorney or Fair Political
Practices Commission when you have questions or concerns.
A. Types of Financial Interests
There are five types of interests that may result in disqualification:
• Business Entity. A business entity in which the official has an investment or in which
s/he is a director, officer, partner, trustee, employee, or manager.
• Real Property. Real property in which the official has an interest including leaseholds.
• Income. An individual or an entity from whom the official has received income or
promised income in the previous 12 months, including the official's community property
interest in the income of his or her spouse or registered domestic partner.
• Gifts. An individual or an entity from whom the official has received gifts in the previous
12 months.
• Personal Finances. The official's personal finances including his or her expenses,
income, assets, or liabilities, as well as those of his or her immediate family.
B. Recusal Requirements
An official with a disqualifying conflict of interest may not make, participate in making, or use his
or her position to influence a governmental decision. When appearing before any other agency,
the official must not act or purport to act in his or her official capacity or on behalf of his or her
agency.
When a member has a conflict of interest, prior to commencement of the staff report on said
item, a member who recuses themself must announce the reason for the record. Following the
announcement, the member should then leave the meeting room to not influence the decision-
making process. That recusal is then recorded in the minutes.
While there are limited exceptions that allow a public official to participate as a member of the
public, the exceptions are interpreted narrowly and may require advice from the City Attorney or
the Fair Political Practices Commission.
Supplemental Packet 2-27
Library Taskforce
Workplan
JULY 17, 2023
Supplemental Packet 2-28
Background
May 2nd - Parks & Rec Committee recommendation to Council
May 11th - Council directed staff to further research municipal library
June 8th – Council established library taskforce
June 22nd – Council provided direction to withdrawal
Supplemental Packet 2-29
Timeframe 3
2023
July 1 – September 1
Withdrawal Details &
Setting Up Service
2023
September 1 –
December 1
Future Service
Planning
2024
January 1 – July 1
Ramp up interim
services and future
location planning
July 1, 2024 City begins service delivery at existing location (interim )
Supplemental Packet 2-30
Timeframe
July 1, 2024 is when City Takes over operations
July 1, 2023 through December 1, 2023 focused on withdrawal and serviceset up
Conclude review of all agreements
Conclude negotiations with the County
Begin taskforce work
Staffing models
Site preparation
January 1, 2024 through July 1, 2024 focused on delivering interim services.
Evaluate what needs to be added to library
Interior refresh
Staffing & training
Begin operations July 1
4
Supplemental Packet 2-31
Financial Breakdown
Withdraw from County System
Estimated Library Revenue to
City $2,600,000
Current Library Expense $1,500,000
Supplemental Packet 2-32
Library Funds
Capital Funds
Former Redevelopment Funds for Library Facility
Improvements (Held by County) $4,000,000
Amount held by City Library Maintenance Fund (Services)$674,000
$4,674,000
Supplemental Packet 2-33
July 1 through September 1 2023
Agreements Requiring Renegotiation
1987 agreement on pass-through funds
1988 agreement on pass-through funds
1992 Cooperative agreement on funding
1993 Cooperative agreement with County and College
1993 lease agreement with College
2012 RDA dissolution payment review
Auditor Controller’s Office Report on redirected funds
New interim lease agreement with College
Notice to formally withdraw
Ordinance establishing a municipal library system
Governance and service profiles
7
Supplemental Packet 2-34
September 1, 2023 through
December 1, 2034
Agreements
Finalize withdrawal agreements
Complete noticing requirements per Education Code
Complete interim lease with College
8
Supplemental Packet 2-35
January 1, 2024 through July 1, 2024
6 Months focused on interim service delivery
Complete interim staffing model
Initiate existing library refresh plan
Plan for new library location (s)
Establish programming plans
Procure and refresh collection
9
Supplemental Packet 2-36
Immediate Items (Focus of
Taskforce)
Review of FY 23/24 Budget
Participate with consultants for program and facility
planning
Review existing deferred maintenance and capital plan
(current site)
Review municipal library ordinance/governance
Work with new Library Director on programs/services
Commence Taskforce subcommittee work
10
Supplemental Packet 2-37
Library Taskforce
Subcommittees
JULY 17, 2023
Supplemental Packet 2-38
Subcommittees
•Meets throughout the month as needed with staff
•Report back to the full taskforce during monthly meetings
•Serves as work group for subject area
Supplemental Packet 2-39
Subcommittees
Planning & Programming – Will focus on library site, identification
of future location, and service model options.
Governance/Finance – budget, finances, and municipal
ordinance for library system.
Community Engagement – Will focus on partnerships, exploration
of foundation, and community program ideas.
Supplemental Packet 2-40
Library Taskforce
City of Palm Desert
July 2023
Supplemental Packet 2-1
Limited in duration
Primary work to be completed by
Nov./Dec. 2023
Assignments are intended to be
completed in working groups
Formation of the Library Taskforce
No Chairperson / Vice Chairperson
Supplemental Packet 2-2
Role of Subcommittees/Working Groups
Develop RecommendationsWorking Groups
All recommendations need to be
presented to the full committee before
any actions are taken. This ensures the
public can weigh in on the issue at the
committee level.
Most often subcommittees are
formed as working groups to study
an issue. Must be less than a
quorum of members and limited in
scope and duration.
Recommendations for new programs
or services must be forwarded to the
City Council for authorization.
Forward to City Council
Supplemental Packet 2-3
The Taskforce Member's Role
Reminders
Serve the best interest of the community as a whole
Individual members are not permitted to speak on behalf of
the City unless authorized to do so by the City Manager
Media Contact: Please ensure that you indicate that you
are speaking as an individual and not as a representative
of the City
Arrive On-Time: Be respectful of your colleagues time, please
notify the Recording Secretary if you intend to be late
Come Prepared: Review materials and inform staff of your
questions in advance, if possible
Electronics During Meeting: Please refrain from using personal
electronics/phones during the meeting, unless an emergency.
Supplemental Packet 2-4
Key Contacts
Staff Liaison
Recording Secretaries
Questions?
Chris Escobedo,
Assistant City Manager
cescobedo@palmdesert.gov
(760) 776-6319
Anthony Mejia, City Clerk
amejia@palmdesert.gov
760-776-6304
Michelle Nance, Deputy Clerk
mnance@palmdesert.gov
(760) 776-6301
Anthony Mejia, City Clerk
amejia@palmdesert.gov
Robert Hargreaves, City Attorney
robert.hargreaves@bbklaw.com
Supplemental Packet 2-5
The Brown Act & Exceptions
Individual Contacts Community meetings held
by other organizations
Conference & Seminars Social & Ceremonial Events
Avoid discussing taskforce business with
members outside of a taskforce meeting or
working group
Supplemental Packet 2-6
Statement of Economic Interests (Form 700)
The Political Reform Act
Disclosure Categories 2 & 5
Prohibits a public official from using his or her official
position to influence a governmental decision in which
he or she has a financial interest.
Category 2: All interests in real property located in whole or part within,
or not more than two (2) miles outside, the jurisdiction of the City.
Category 5: All investments and business positions in business entities,
and sources of income, that provide services, products, materials,
machinery, or equipment of a type purchased or leased by the
committee/department.
Supplemental Packet 2-7
When You Have A Conflict - Recusal
Leave the Meeting RoomAnnounce Your Conflict To Speak During Public Comment
You may not influence the
decision and must leave
the meeting room
You must announce you have a
financial conflict & describe the
nature of the conflict
If you would still like to comment
as a member of the public, please
contact the City Attorney or Clerk
Supplemental Packet 2-8
Advisory Body
Reference Guide
June 30, 2023
City of Palm Desert
Supplemental Packet 2-9
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 1
CONTENTS
1.WELCOME ......................................................................................................................... 3
2.GENERAL INFORMATION ................................................................................................. 3
3.City of Palm Desert Appointed Bodies ................................................................................ 4
A.City Council Sets Priorities ............................................................................................... 4
B.Recruitment Process ........................................................................................................ 4
C.Appointment Process ....................................................................................................... 4
D.Terms of Office ................................................................................................................ 5
E.Oath of Office ..................................................................................................................... 5
F.State Required Ethics Training ........................................................................................ 6
G.Statement of Economic Interests (Form 700) ................................................................... 6
H.Attendance Requirements ................................................................................................ 6
I.Excused Absences ....................................................................................................... 6
II.Unexcused Absence ..................................................................................................... 6
III.Limits on Unexcused Absences .................................................................................... 7
IV.Waiver of Unexcused Absences ................................................................................... 7
4.ROLES AND RESPONSIBILITIES ...................................................................................... 8
A.Role and Responsibilities of the Chairperson ................................................................... 8
B.Meeting Protocol .............................................................................................................. 9
C.Role & Responsibilities of Appointed Members ................................................................ 9
D.Limitation on Scope of Authority....................................................................................... 9
E.Speaking on Behalf of the Appointed Body ...................................................................... 9
F.Establish a Good Working Relationship with Other Members .........................................10
I.Come Prepared ............................................................................................................10
II.Be Prepared to Vote ....................................................................................................10
G.Preparing Motions ...........................................................................................................11
H.Best Practices on the Conduct of Appointed Members ...................................................11
I.Role of the City Council Liaison ......................................................................................12
J.Role of an Alternate Member ..........................................................................................12
5.THE RALPH M. BROWN ACT (OPEN MEETING LAWS) ..................................................13
A.What is a Meeting? .........................................................................................................13
B.Meeting Types ................................................................................................................13
I.Regular Meetings .........................................................................................................13
II.Special Meetings ..........................................................................................................13
III.Adjourned Meetings .....................................................................................................14
C.Public Participation .........................................................................................................14
Supplemental Packet 2-10
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 2
D. Ex Parte Communications/Quasi-Judicial Proceedings ...................................................14
E. Use of Electronics During a Meeting ...............................................................................15
F. Serial Meetings Prohibited ..............................................................................................15
G. Warning on the Use of Electronic Communications .........................................................16
H. Gatherings That Are Not Meetings ..................................................................................16
I. Individual Contact Exception ........................................................................................16
II. Conference Exception ..................................................................................................16
III. Other Public Meetings Exception .................................................................................16
IV. Meetings of Other Legislative Bodies Exception ...........................................................16
V. Social or Ceremonial Occasions Exception ..................................................................16
VI. Standing Committee Exception ....................................................................................16
I. Meeting Agendas ............................................................................................................17
J. Action Minutes ................................................................................................................17
K. Meeting Records .............................................................................................................17
6. CONFLICTS OF INTEREST ..............................................................................................18
A. Types of Financial Interests ............................................................................................18
B. Recusal Requirements ....................................................................................................18
Prepared by:
City of Palm Desert
Office of the City Clerk
cityclerk@palmdesert.gov
(760) 346-0611
Version I, Published on June 30, 2023.
Supplemental Packet 2-11
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 3
1.WELCOME
The Palm Desert City Council, City Manager, and staff welcome you as a member of one of the
City’s Boards, Commissions, Committees, or Taskforces (“appointed bodies”). As a member,
you are now considered a public official serving in an advisory capacity to the City Council
performing a valuable service by addressing community issues and needs. The City Council
looks forward to your contribution as we work together to provide efficient municipal services that
are responsive to local needs and expectations.
2.GENERAL INFORMATION
The City of Palm Desert is governed by a five-member City Council elected by district to four-year
terms. The Mayor and Mayor Pro Tempore are selected by majority vote of the City Council and
each serve for a term of one year. The City Council, as the legislative body, is responsible for
setting policies and providing overall direction for City operations.
The City operates under a Council-Manager form of government, which combines the strong
political leadership of elected officials with the strong managerial experience of an appointed
professional manager. All power and authority to set policy rests with the elected governing
body, the City Council. The City Council in turn hires a nonpartisan City Manager who has full
authority to run the organization.
As elected representatives, Councilmembers provide a direct link with residents and
consequently ensure the responsiveness of municipal activities. To gain a greater awareness of
the sentiments of residents, the City Council also appoints appointed bodies made up of residents
familiar with the community and its needs. These groups further expand the opportunity for
resident participation in City government.
Supplemental Packet 2-12
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 4
3. CITY OF PALM DESERT APPOINTED BODIES
Currently, the City Council has established 14 volunteer Boards, Commissions, Committees, and
Taskforces to review City programs, projects, and community issues. These appointed bodies
provide greater community participation and input into local government and facilitate informed
decisions by the City Council. This Reference Guide is designed as an informational tool
presenting a statement of purpose, policies, and guidelines that outline the role, operation, and
responsibilities of the appointed bodies.
• Architectural Review Commission
• Building Board of Appeals
• Civic Engagement Committee
• Cultural Arts Committee
• Cultural Resources Preservation
Committee
• El Paseo Parking & Business
Improvement District Board
• Finance Committee
• Homelessness Taskforce
• Housing Commission
• Marketing Committee
• Parks and Recreation Committee
• Planning Commission
• Public Safety Committee
• Resource Preservation & Enhancement
Committee
A. City Council Sets Priorities
To respond to the ever-changing needs of the community, the City Council provides direction to
staff by setting priorities at City Council meetings, taking formal actions, reviewing strategic and
staffing plans, and most importantly, by review, approval, and adoption of the annual budget.
City Council actions and direction, ultimately lay the foundation for all work expected to be
accomplished in a particular time frame. Through those efforts, the work then flows through to
the City’s appointed bodies.
The appointed bodies play a pivotal role in the implementation of policy. This work goes hand-in-
hand with the work of staff and ultimately, the work of the City Council. Many, if not all, appointed
body work items reflect the vision, mission, or priorities of the City Council. Reviewing the Palm
Desert Municipal Code section related to your appointed body will assist you in understanding
the function of the appointed body you now serve on, especially its authority, responsibilities,
and relationship to the City Council, staff, and other appointed bodies.
B. Recruitment Process
Any resident interested in serving on an appointed body is invited to apply (non-residents will be
considered on a case-by-case basis when applicable). Interested applicants must complete an
application and submit it to the City Clerk’s Office. Applications are accepted year-round.
C. Appointment Process
The appointment process is administered by the City Clerk’s Office. Members serve staggered
four-year terms to ensure continuity of operations. The City Council approves all appointees at
an official meeting.
Supplemental Packet 2-13
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 5
Prospective members must complete an application and participate in an interview process prior
to appointment. The City Clerk’s Office partners with the Public Affairs team to advise the public
of available service opportunities and directs them to the City’s website to complete an
application. Existing members that wish to be reappointed due to an expiring term are also
required to submit an updated application.
As applications are received, the City Clerk’s Office coordinates a review process to ensure
prospective members are residents of the city and meet any special qualifications of the
appointed body, as applicable.
In February of each year, Councilmembers are provided an overview of the appointment
process. This overview also includes information on terms that are due to expire on June 30 of
that year, and if any current members have expressed an interest in serving another term.
Applicants that have been qualified for service are scheduled for an interview with the City
Council. Existing members who wish to continue their service may also be asked to participate in
the interview process.
Following the interview process, the City Council may appoint an applicant to an appointed body
that best fits the needs of the city. Existing members who reapply for an additional term may be
interviewed to determine reappointment or potential reassignment to fulfill a need on another
appointed body. Alternatively, the City Council may choose to forgo an interview and reappoint
existing members to their current appointed body.
Interviews are typically scheduled in May of each year to provide sufficient time to confirm
appointments at a City Council meeting prior to terms beginning on July 1 of each year. However,
interviews may be held at any time when there is a need to fill an unscheduled vacancy.
Once confirmed by City Council, appointees are provided applicable member information/
post-appointment paperwork (i.e., Form 700, AB 1234 Ethics Training) that must be submitted
within established deadlines.
D.Terms of Office
In most circumstances, the term of office shall be a four-year term, commencing on July 1 and
ending on June 30, except for appointments made to fill unexpired terms of office, or
appointments made to fill new positions created during the year, but which will be ultimately
based upon the fiscal year thereafter. Following expiration of the term of office, and if requested
by the City Council, each member shall continue to serve until either s/he is reappointed, or a
successor is qualified and appointed. Each member shall be eligible for reappointment at the
discretion of the City Council. At any time, appointees may be removed by a majority vote of the
full City Council.
E.Oath of Office
Upon appointment to a City Board, Commission, Committee, or Taskforce, members of
appointed bodies shall sign an Oath of Office prepared by the City Clerk.
Supplemental Packet 2-14
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 6
F. State Required Ethics Training
Implemented in January 2007, the AB 1234 – Ethics Law requires that all local agencies must
provide ethics training to local agency officials every two years. The term “legislative body”
includes not only the governing body of a local agency, but also any Board, Commission,
Committee, Taskforce, or other body of a local agency, whether permanent or temporary,
decision-making, or advisory.
All members are required to take a two-hour on-line training session that allows local officials to
satisfy the requirements of AB 1234 on a cost-free basis.
G. Statement of Economic Interests (Form 700)
As required by State law and the City’s Conflict of Interest Code, all appointed body members
are required to disclose certain financial information in a Statement of Economic Interests. The
City Clerk will provide appointees who are designated in the Conflict of Interest Code with forms
and instructions following appointment. Appointees must file these forms within 30 days of
assuming office, and every year thereafter for the length of your term. At the end of your term, a
Leaving Office Statement is required within 30 days of leaving office.
All members should avoid the appearance of bias in pending City matters. Any member who has
a doubt as to whether they have a financial interest in any decision before their appointed body
should contact the City Attorney or the California Fair Political Practices Commission before
participating in the decision-making process.
H. Attendance Requirements
For appointed bodies to function effectively and accomplish their goals, all members must be
active participants. To ensure that meetings will have a quorum, it is urged that members please
notify the Recording Secretary or Staff Liaison if you will be late or absent as far in advance of
the meeting as practicable. Below are the attendance requirements based on the appointed
body’s meeting frequency:
I. Excused Absences
An “excused absence” may be granted due to illness or injury, unexpected business,
emergencies, important personal business, official City business, or any reasonable
excuse that is approved by the appointed body.
Members should notify the Recording Secretary or Staff Liaison in advance of the meeting.
During the roll call, the Recording Secretary will announce the reason for the member’s
absence and request confirmation of the excused absence by the appointed body.
II. Unexcused Absence
A member who does not meet any of the conditions for an excused absence or fails to
notify the Recording Secretary or Staff Liaison in advance of the meeting will be marked
as an unexcused absence.
Supplemental Packet 2-15
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 7
III. Limits on Unexcused Absences
Unexcused absences shall result in automatic resignation under the following circumstances:
• Six unexcused absences from regular meetings in any twelve-month period on
appointed bodies that meeting twice monthly.
• Three unexcused absences from regular meetings in any twelve-month period on
appointed bodies that meeting monthly.
• Two unexcused absences from regular meetings in any twelve-month period on
appointed bodies that meeting bimonthly.
• One unexcused absence from a regular meeting in any twelve-month period on
appointed bodies that meet quarterly.
IV. Waiver of Unexcused Absences
Upon reaching the maximum number of unexcused absences, the City Clerk shall notify
the member that they are subject to automatic resignation and shall provide a 15-day
grace period for the member to request waiver of any unexcused absence(s) from the
Mayor. You may send your waiver request to mayor@palmdesert.gov.
Supplemental Packet 2-16
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 8
4. ROLES AND RESPONSIBILITIES
A Chairperson and a Vice Chairperson are selected annually by the members of the appointed
body. The Chairperson serves as the P residing Officer of all meetings. In the Chairperson’s
absence, the Vice Chairperson serves as the Presiding Officer.
In the event of both being absent, the Recording Secretary will call the meeting to order, and the
members will select a temporary Chairperson to serve until adjournment or the arrival of the
Chairperson or Vice Chairperson.
All members of the appointed body have the same voting power. The Chairperson, however,
plays a special role in facilitating an effective meeting.
A. Role and Responsibilities of the Chairperson
The Chairperson is the Presiding Officer and shall preserve order and decorum at all meetings of
the appointed body, announce the appointed body’s decisions, and decide questions of order.
The Chairperson is responsible for ensuring the effectiveness of the group process. A good
Chairperson will facilitate the involvement of all members of the appointed body at the same time
allowing for adequate public participation. In the absence of the Chairperson, the Vice
Chairperson shall act as the Presiding Officer.
In addition, the Chairperson shall confine members in debate to the question under discussion
and ensure that members refrain from commenting or entering into conversation with speakers
during public comments or during public hearings, until all speakers have been heard.
The Presiding Officer may move, second, and debate from the Chair, subject only to such
limitations of debate as are imposed on all members, and they shall not be deprived of any of
the rights and privileges of a member by reason of them acting as Presiding Officer.
Other duties of the Chairperson include:
• Stating all questions submitted for a vote.
• Explaining to the public how the meeting will be conducted.
• Encouraging groups or organizations to select a spokesperson to speak on their behalf
and encourage them to not repeat comments made by prior speakers, but rather only
indicate their agreement with such comments.
• Informing speakers that they must address their comments to the appointed body rather
than individual members, staff, a project applicant, or anyone else involved in the
proceedings.
• Determining, based on the meeting agenda, a schedule for breaks if needed. The
Chairperson should strive to call a 10-minute recess at regular intervals of approximately
one hour.
Supplemental Packet 2-17
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 9
B.Meeting Protocol
It is expected that the Presiding Officer will facilitate meeting protocol established by the City
Council and State law. It should be noted that the Chairperson sets the tone of the meeting by
keeping discussions on track, encouraging fairness, and bringing the body to the point of decision,
even on complicated or controversial issues. The Recording Secretary or other staff may assist the
Chairperson in starting the meeting on time and provide guidance in meeting protocol.
C.Role & Responsibilities of Appointed Members
The primary role of the appointed body is to provide judicious and independent advice to the City
Council, the elected policy-making body of the City. The appointed body’s role can include
hearing public testimony on the City Council’s behalf, building community consensus for
proposals or projects, reviewing written material, facilitating study of issues, guiding
implementation of new or regulating established programs, assessing alternatives regarding
issues of community concern, and ultimately forwarding recommendations to the City Council for
its consideration.
There may be times when the appointed body’s recommendations will not be sustained or will be
modified by the City Council. It is important for the members to recognize that this is not a
rejection of the integrity of their recommendation but an inevitable part of the process of
community decision-making.
D.Limitation on Scope of Authority
Appointed bodies are not involved in the administration or operation of City departments.
Members may not direct administrative staff to initiate programs and may not conduct major
studies or establish policy without the approval of the City Council. City staff members are
available to provide general staff assistance to the appointed body.
E.Speaking on Behalf of the Appointed Body
Please note that as an individual member you are not permitted to speak on behalf of your
appointed body unless authorized to do so by formal action.
Media Contact - If contacted by the media or other interested groups, you may state that
you are currently serving on an appointed body, but you must advise the media that you are
not speaking in that capacity unless the City Manager has authorized you to do so.
Furthermore, you cannot commit the appointed body or city to any type of proposed action,
study, or future discussion.
Supplemental Packet 2-18
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 10
F. Establish a Good Working Relationship with Other Members
On many occasions, the success or failure of the efforts of a member is largely dependent upon
the degree of cooperation evident among the individual members of the appointed body. To
build a consensus around common goals and objectives, members will often have to first
reconcile contradictory viewpoints and show a willingness to objectively consider the real and/or
basic issues.
Another way of developing this cooperation is for each member to ensure that meetings proceed
in an orderly manner. The Chairperson is primarily responsible for seeing that consideration of
agenda items moves along expeditiously, but with reasonable time allocated to each item. Each
member can assist the Chairperson by becoming familiar with the basic rules of parliamentary
procedure and by adequately preparing for the meeting.
Other important points which each member should consider in the relationship with other
members are as follows:
I. Come Prepared
Staff reports define projects, help the appointed body and the public understand complex
problems, review alternative solutions, and determine courses of action. Part of your
responsibility as a member is to review all materials provided to you in your agenda packets.
These reports and the information they contain are central to good decision-making.
After reading your reports, contact staff with follow-up questions. This allows staff to
conduct additional research if needed or serves as an alert to include something when
presenting their overview of that item. The purpose of a public meeting is to accomplish
the public’s business in as productive, efficient, and professional manner as possible.
Remember, there may be individuals in the audience who are waiting for an opportunity
to speak or for a later item on the agenda. Unnecessarily long meetings may ultimately
discourage the public from attending future meetings.
II. Be Prepared to Vote
Being prepared will greatly assist you when it comes time to vote on an issue. If
members abstain or refuse to participate when they do not have a genuine conflict of
interest, they are not carrying out the primary job for which they were appointed.
Motions should be clearly stated and require a second. Once the motion has been
restated by the Chairperson, the vote is called. While regular “ayes” and “noes” are
straightforward, an abstention or recusal is not. Under parliamentary procedure, if you
are “abstaining,” you are giving up your right to vote.
When a member has a conflict of interest, prior to commencement of the staff report on
said item, a member who recuses himself must announce the reason for the record.
Following the announcement, the member should then leave the meeting room to not
influence the decision-making process. That recusal is then recorded in the minutes.
Supplemental Packet 2-19
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 11
G. Preparing Motions
Appointed body meetings are usually conducted according to parliamentary procedure. The
Chairperson directs the meeting, and his/her rulings must be followed unless they are overruled
by a majority of the appointed body.
When a member wishes to propose an action on a particular item, the member makes a motion. A
motion goes through the following steps.
1. The member asks to be recognized by the Chairperson.
2. After being recognized, the member makes the motion: “I move that we…”
3. Another member seconds the motion: “I second the motion.”
4. The Chairperson restates the motion and asks for discussion on the motion.
5. When the Chairperson determines that there has been enough discussion, the debate
may be closed with: “Is there any further discussion?” or, if a member of the appointed
body “calls for the question.”
6. If no one asks for permission to speak, the Chairperson then puts the question to a vote:
“All those in favor say aye.” “All those opposed say nay.” The Chairperson should restate
the motion prior to the vote to ensure the motion is clearly understood by all. A roll call
vote should be taken if the body is taking final action to obligate the City to take a
particular action such as entering a contract, granting a permit or entitlement, or making
a recommendation to the City Council.
7. After the vote, the Chairperson announces the decision.
H. Best Practices on the Conduct of Appointed Members
Below are best practices related to the conduct of members so that the actions and deliberations
of the City’s appointed bodies can be conducted in an atmosphere free from personal animosity
and hostility and that all actions serve to increase public confidence in the City of Palm Desert’s
government.
1. Adhere to a high level of ethical conduct in the performance of public duties.
2. Represent and work for the common good of the city.
3. Pursuant to State Law, refuse to accept gifts of favors or promises of future benefits
which might compromise or impair independent judgment or action.
4. Provide unbiased, fair, and equal treatment for all persons and matters coming before
the body whether in person, in writing, or in email communication.
5. Understand and faithfully perform all duties of office as defined by the Palm Desert
Municipal Code, State Law, and City Council directive.
6. Refrain from any actions where there may be a conflict of interest.
7. Learn and study the background and purpose of important items of business before voting,
members are asked to work with staff prior to the meeting on questions of clarification.
8. Be tolerant of all views expressed at public meetings.
9. Refrain from abusive conduct, personal charges, or verbal or written attacks made upon
others.
Supplemental Packet 2-20
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 12
I. Role of the City Council Liaison
The City Council may designate a Councilmember as a liaison to an appointed body. The City
Council liaison facilitates communication between the City Council and the appointed body. A
City Council Liaison is not a member or advocate of the appointed body and does not give
direction or influence decisions but can assist and provide information.
J. Role of an Alternate Member
The City Council may establish a certain number of alternate members for any appointed body.
An alternate member may attend appointed body meetings as a nonvoting, nonparticipating
member. In the event of an absence of a regular member, the alternate member may sit with the
appointed body as a voting, participating member. Alternate members are exempt from the
attendance requirements.
Supplemental Packet 2-21
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 13
5.THE RALPH M. BROWN ACT (OPEN MEETING LAWS)
The City of Palm Desert’s appointed bodies are subject to State law governing open meetings
and records. The California law governing open meetings is found in the California Government
Code, Sections 54950-54962 and is popularly referred to as the “Brown Act.” The intent of the
Brown Act is that meetings of legislative bodies, including appointed bodies, shall be open to the
public.
A.What is a Meeting?
Meetings of the appointed body must comply with the open meeting requirements of the Brown
Act. The term "meeting" is very broadly defined as any congregation of a majority of the
members of the appointed body at the same time and place to hear, discuss, or deliberate upon
any matter which comes under the subject matter jurisdiction of the appointed body.
B.Meeting Types
City appointed bodies may hold three types of meetings: regular, adjourned regular, and special
meetings. The Recording Secretary to the appointed body is responsible for identifying the type
of meeting and posting all notices.
I.Regular Meetings
Regular meetings are held at the time and place specified in a duly adopted ordinance,
resolution, or minute order. Regular meetings may be “adjourned to” another date and
time and are considered “regular adjourned meetings.”
The Brown Act requires appointed bodies to conduct public meetings. A “meeting” is
considered to take place any time that a “quorum” of the members gathers to discuss
that body’s business.
The Brown Act prohibits a quorum from meeting privately and specifically prohibits “any
use of direct communication, personal intermediaries or technological devices…
employed by a majority of the members of the [appointed] body to develop a collective
concurrence as to action to be taken on any item by the members of the [appointed]
body.” Therefore, the prohibition extends not only to personal contacts of the members
among themselves outside the public meeting, but it also prohibits “serial” meetings
whereby information is ultimately exchanged among a quorum of members whether
simultaneously in one another’s presence or not.
II.Special Meetings
Special meetings may be called if needed and when called, have a 24-hour agenda
noticing requirement. These meetings are typically scheduled for items that have come
up unexpectedly or when a workshop is needed on a particular matter. The Brown Act
requires that during these meetings, only the issues agendized can be discussed.
Therefore, Business from the Floor and non-agenda public comment is not included on
the agenda.
Supplemental Packet 2-22
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 14
III. Adjourned Meetings
Adjourned meetings are regular meetings that have been adjourned to a time and place
specified in the order of adjournment, with no agenda required for regular meetings
adjourned for less than five calendar days if no additional business is transacted.
C. Public Participation
Each member of the audience speaking to the body shall limit their comments to no more than
three minutes and speak one time only on each agendized item. Time limits may be waived or
reduced by the Chairperson based on the number of speakers on any specific item when
uniformly applied. A speaker may not defer their time to other speakers.
And, to ensure that all speakers are treated equally and in a fair and consistent manner,
members should refrain from interrupting the speakers before the end of their allotted time.
Please remember that addressing the body can be a difficult and intimidating process for
residents and they have a right to speak uninterrupted.
Speakers must always address their comments or questions to the appointed body rather than
individual members, staff, a project applicant, or anyone else involved in the proceedings.
Members should refrain from prolonged discussions on the public comment or other non-agenda
items. Instead, the member is encouraged to request that staff follow-up with the speaker or to
agendize the matter for a future discussion if warranted.
D. Ex Parte Communications/Quasi-Judicial Proceedings
An ex parte communication is a communication made outside the meeting between an
appointed body member and any person in the public concerning a quasi-judicial proceeding to
be heard by the appointed body. A quasi-judicial proceeding refers to any proceeding in which
the appointed body is obliged to objectively determine facts and draw conclusions from them so
as to provide the basis of an official action, typically in the form a public hearing or appeal
hearing. This type of communication about a project occurs when you receive information – by
meetings on the street, phone calls, and even e-mails – outside of the quasi-judicial process.
Reliance on information received in this way can be unfair because the opposing parties are not
there to rebut the information.
If you are about to receive this kind of information, you should explain that you are not permitted
to discuss the issue outside of the hearing. Anyone involved in making the decision must hear all
the evidence. Ask the person to submit their comments in writing for the consideration of the full
body. The comments will then be included as part of the record (and have greater legal effect). If
the discussion occurs or an email is received that did not get distributed to the full body, then
disclose the contact and substance of the communication at the hearing by stating for the public
record: (a) the nature of that communication, (b) with whom the ex parte communication was
made, and (c) a brief statement as to the substance of the communication.
Supplemental Packet 2-23
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 15
E. Use of Electronics During a Meeting
Please note that communication via cell phones, laptops, or other electronic devices by sending or
receiving text messages/e-mails during meetings, with the exception for personal emergencies, is
prohibited. In addition, anything being transmitted on your device(s) could be subject to a public
records request.
In March 2017, the California Supreme Court ruled that communications of state and local
officials and employees regarding official agency business may be subject to the Public Records
Act (PRA) regardless of the type of account used in their preparation or transmission, including
personal devices and accounts. The Court found that emails and text messages are sometimes
used as official communications due to the immediacy and ease these platforms provide.
F. Serial Meetings Prohibited
A meeting may also take place in situations where a majority of the members of the body do not
meet face to face. The Brown Act expressly prohibits the use of devices, such as direct
communication, personal intermediaries, or technological devices to develop a collective
concurrence as to actions to be taken. For example, a member of the appointed body may not
contact a majority of its members by telephone, e-mail, fax, or by a third party to discuss any
matter within its subject matter jurisdiction. Most often, this type of a meeting occurs through a
series of communications by individual members that ultimately involves a majority of the
members. These meetings are called “serial meetings”.
The serial meeting may occur by either a “daisy chain” or a “hub and spoke” sequence. In the
daisy chain scenarios, Member A contacts Member B, Member B contacts Member C, Member
C contacts Member D and so on, until a quorum has discussed, deliberated, or acted on an item
within the appointed body’s subject matter jurisdiction.
The “hub and spoke” process involves at least two scenarios. In the first one, Member A (the
“hub”) sequentially contacts Members B, C, and D and so on (the “spokes”), until a quorum has
been contacted. In the second scenario, a staff member (the “hub”) functions as an intermediary
by communicating with a majority of members (the “spokes”) prior to a formal meeting and, in
the process, information about the members’ respective views is revealed.
Each scenario violates the Brown Act.
Staff may engage in separate conversations or communications outside of an open and noticed
meeting with members of the appointed body in order to answer questions or provide information
regarding a matter that is within the subject matter jurisdiction of the appointed body if that
person does not communicate to members of the appointed body the comments or position of
any other member.
Members should always be vigilant when discussing local agency business with anyone to avoid
conversations that could lead to a discussion, deliberation, or action taken among the majority of
the appointed body.
Supplemental Packet 2-24
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 16
G. Warning on the Use of Electronic Communications
The use of cell phones with texting capabilities and emails have almost negated the need for
one-on-one meetings. Please note that the use of these technologies makes serial meetings
even easier to occur. Because e-mail communication can ultimately lead to the exchange of
information intended to, or which may, create collective concurrence among a quorum of
members, e-mail communications between members should be avoided as it could result in a
Brown Act violation. Most importantly, when replying to a group email, never hit “Reply All”
when responding.
H. Gatherings That Are Not Meetings
There are six types of gatherings that are not subject to the Brown Act. The six exceptions are
as follows:
I. Individual Contact Exception
Individual contacts between a member of the appointed body and any other person. This
exception recognizes the right to confer with constituents, advocates, consultants, news
reporters, City staff, or a colleague.
II. Conference Exception
Attendance of a majority of the members at a conference or similar gathering open to the
public that involves a discussion of issues of general interest to the public agencies of the
type represented by the body, provided a majority of the members do not discuss among
themselves specific business within the body’s subject matter jurisdiction.
III. Other Public Meetings Exception
Attendance of a majority of members at an open and publicized meeting organized to
address a topic of local community concern by a person or organization other than the
local agency, provided a majority of the members do not discuss among themselves
specific business within the body’s subject matter jurisdiction.
IV. Meetings of Other Legislative Bodies Exception
Attendance of a majority of the members at an open and noticed meeting of another
body of the local agency, provided a majority of the members do not discuss among
themselves specific business within the body’s subject matter jurisdiction.
V. Social or Ceremonial Occasions Exception
Attendance of a majority of the members at a purely social or ceremonial occasion,
provided a majority of the members do not discuss among themselves specific business
within the body’s subject matter jurisdiction.
VI. Standing Committee Exception
Attendance by a majority of the members at an open and noticed meeting of a standing
committee of that body, provided that the members of the body who are not members of
the standing committee attend only as observers.
Supplemental Packet 2-25
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 17
I. Meeting Agendas
Agendas are prepared by Recording Secretaries in accordance with the format approved by the
City Manager and City Clerk and in accordance with the requirements set forth in the Brown Act.
Agendas provide the framework for meetings and are used to notify the public of what actions
the appointed body will be considering and must follow the following requirements:
• The agenda must be posted in an area freely accessible to the public.
• The agenda for regular meetings must be posted at least 72 hours in advance.
• The agenda for special meetings must be posted at least 24 hours in advance.
Non-Agenda Items:
• A body cannot discuss or act on any item not appearing on the agenda.
“Narrow” exceptions to the rule include:
• Briefly responding to comments made by a person during the public comment period.
• Asking staff for clarification.
• Directing staff to place an item on a future agenda.
• Making a brief announcement or report regarding the member’s own activities.
Additional exceptions to the non-agenda items rule include the following:
• Emergency situations that qualify for “emergency meetings”.
• When two-thirds of the members decide there is a need to take immediate action on a
matter that was brought to their attention after the agenda was posted.
Order of Agenda Items – The body will follow the order of items as listed on the agenda unless
the Chairperson or a member requests a change in the order of items and a motion to that effect
passes by a majority vote.
J. Action Minutes
Minutes serve as the legal record of actions and proceedings and are required by State law and
by City Council policy. In accordance with Resolution No. 2022-30, action minutes are the official
format for the City of Palm Desert.
Therefore, the general discussion or deliberative process of an agenda item are not included in
the minutes. Remarks made by individual members and summaries of oral reports made by staff
are also not to be included. Findings required in quasi-judicial matters are included and should
be stated as part of the motion. Comments by the public are referenced but should not be
detailed in the minutes.
K. Meeting Records
The public has the right to review agendas and supporting documents that are distributed to a
majority of members unless the documents fall under Attorney/Client privilege.
Agenda-related writings must be made public:
• At the meeting if prepared by the local agency or a member of its appointed body.
• After the meeting if prepared by some other person.
Supplemental Packet 2-26
REFERENCE GUIDE FOR APPOINTED BODIES
CITY OF PALM DESERT PAGE 18
6. CONFLICTS OF INTEREST
California's Political Reform Act was adopted by the voters in 1974 and it states that when a
public official has a financial interest in a decision before him or her, the public official must step
aside from the decision-making process.
This is referred to as a "conflict of interest" because the public official must put the public's
interests in a decision first and foremost but may be tempted to have one's personal financial
interests influence the decision.
Since it is hard for the public to be assured that a public official's personal financial interests did
not influence a decision, the law requires the public official to step aside from the decision-
making process. This way, the public is assured that the official’s personal financial interests do
not influence the final decision.
Determining whether you have a conflict of interest is a complex legal analysis which in most
cases requires legal assistance. You are encouraged to contact the City Attorney or Fair Political
Practices Commission when you have questions or concerns.
A. Types of Financial Interests
There are five types of interests that may result in disqualification:
• Business Entity. A business entity in which the official has an investment or in which
s/he is a director, officer, partner, trustee, employee, or manager.
• Real Property. Real property in which the official has an interest including leaseholds.
• Income. An individual or an entity from whom the official has received income or
promised income in the previous 12 months, including the official's community property
interest in the income of his or her spouse or registered domestic partner.
• Gifts. An individual or an entity from whom the official has received gifts in the previous
12 months.
• Personal Finances. The official's personal finances including his or her expenses,
income, assets, or liabilities, as well as those of his or her immediate family.
B. Recusal Requirements
An official with a disqualifying conflict of interest may not make, participate in making, or use his
or her position to influence a governmental decision. When appearing before any other agency,
the official must not act or purport to act in his or her official capacity or on behalf of his or her
agency.
When a member has a conflict of interest, prior to commencement of the staff report on said
item, a member who recuses themself must announce the reason for the record. Following the
announcement, the member should then leave the meeting room to not influence the decision-
making process. That recusal is then recorded in the minutes.
While there are limited exceptions that allow a public official to participate as a member of the
public, the exceptions are interpreted narrowly and may require advice from the City Attorney or
the Fair Political Practices Commission.
Supplemental Packet 2-27
Library Taskforce
Workplan
JULY 17, 2023
Supplemental Packet 2-28
Background
May 2nd - Parks & Rec Committee recommendation to Council
May 11th - Council directed staff to further research municipal library
June 8th – Council established library taskforce
June 22nd – Council provided direction to withdrawal
Supplemental Packet 2-29
Timeframe 3
2023
July 1 – September 1
Withdrawal Details &
Setting Up Service
2023
September 1 –
December 1
Future Service
Planning
2024
January 1 – July 1
Ramp up interim
services and future
location planning
July 1, 2024 City begins service delivery at existing location (interim )
Supplemental Packet 2-30
Timeframe
July 1, 2024 is when City Takes over operations
July 1, 2023 through December 1, 2023 focused on withdrawal and serviceset up
Conclude review of all agreements
Conclude negotiations with the County
Begin taskforce work
Staffing models
Site preparation
January 1, 2024 through July 1, 2024 focused on delivering interim services.
Evaluate what needs to be added to library
Interior refresh
Staffing & training
Begin operations July 1
4
Supplemental Packet 2-31
Financial Breakdown
Withdraw from County System
Estimated Library Revenue to
City $2,600,000
Current Library Expense $1,500,000
Supplemental Packet 2-32
Library Funds
Capital Funds
Former Redevelopment Funds for Library Facility
Improvements (Held by County) $4,000,000
Amount held by City Library Maintenance Fund (Services)$674,000
$4,674,000
Supplemental Packet 2-33
July 1 through September 1 2023
Agreements Requiring Renegotiation
1987 agreement on pass-through funds
1988 agreement on pass-through funds
1992 Cooperative agreement on funding
1993 Cooperative agreement with County and College
1993 lease agreement with College
2012 RDA dissolution payment review
Auditor Controller’s Office Report on redirected funds
New interim lease agreement with College
Notice to formally withdraw
Ordinance establishing a municipal library system
Governance and service profiles
7
Supplemental Packet 2-34
September 1, 2023 through
December 1, 2034
Agreements
Finalize withdrawal agreements
Complete noticing requirements per Education Code
Complete interim lease with College
8
Supplemental Packet 2-35
January 1, 2024 through July 1, 2024
6 Months focused on interim service delivery
Complete interim staffing model
Initiate existing library refresh plan
Plan for new library location (s)
Establish programming plans
Procure and refresh collection
9
Supplemental Packet 2-36
Immediate Items (Focus of
Taskforce)
Review of FY 23/24 Budget
Participate with consultants for program and facility
planning
Review existing deferred maintenance and capital plan
(current site)
Review municipal library ordinance/governance
Work with new Library Director on programs/services
Commence Taskforce subcommittee work
10
Supplemental Packet 2-37
Library Taskforce
Subcommittees
JULY 17, 2023
Supplemental Packet 2-38
Subcommittees
•Meets throughout the month as needed with staff
•Report back to the full taskforce during monthly meetings
•Serves as work group for subject area
Supplemental Packet 2-39
Subcommittees
Planning & Programming – Will focus on library site, identification
of future location, and service model options.
Governance/Finance – budget, finances, and municipal
ordinance for library system.
Community Engagement – Will focus on partnerships, exploration
of foundation, and community program ideas.
Supplemental Packet 2-40