HomeMy WebLinkAboutORD 1408ORDINANCE NO. 1408
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA ADDING CHAPTER 2.74 TO TITLE 2 OF THE
PALM DESERT MUNICIPAL CODE, ESTABLISHING A MUNICIPAL
LIBRARY FOR THE CITY, AND MAKING A FINDING OF EXEMPTION
UNDER CEQA
WHEREAS, at its regular meeting on October 12, 2023, the City Council of the City
of Palm Desert adopted Resolution No. 2023-047, after conducting a public hearing and
providing the required notice pursuant to Education Code section 19100 et seq.,
approving the City’s withdrawal from the Riverside County Library System (“RCLS”),
assuming the provision of library services in the City of Palm Desert, and indicating the
City’s intent to establish an independent municipal library; and
WHEREAS, pursuant to Resolution No. 2023-047, as of July 1, 2024, or upon the
transfer of property, whichever is later, the City of Palm Desert will withdraw from the
RCLS and shall assume the responsibility for the provision of library services within the
City’s jurisdiction; and
WHEREAS, the City is authorized to establish a municipal public library pursuant
to Section 101 of the City of Palm Desert Charter, and Article XI, Section 5 of the
California Constitution; and
WHEREAS, the City Council desires that the Palm Desert Public Library be
established as a municipal public library to be operated by the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals above are each incorporated by reference and
adopted as findings by the City Council.
SECTION 2. Establishment. The City Council of the City of Palm Desert hereby
establishes the Palm Desert Public Library to provide library services directly to the public
as a municipal library and directs city staff to take all necessary steps and actions in order
to effectuate the transition of the Palm Desert Library from the Riverside County Library
System to a municipal library.
SECTION 3. Amendment to Code. The Palm Desert Municipal Code is hereby
amended by adding Chapter 2.74, Public Library, of Title 2, Administration and Personnel,
to read as follows:
Section 2.74.010 Public Library Established.
The City Council of the City of Palm Desert hereby establishes and provides for
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the regulation and maintenance of a public library in the city to be known as the Palm
Desert Public Library. The purpose of this chapter is to ensure that the Palm Desert
Public Library provides a quiet, orderly, and safe environment in which people may read,
study, use library materials and equipment, and attend programs.
Section 2.74.020 Governance and Operation of Library.
The city manager or their designee shall direct and control all affairs of the library.
The city manager shall cause to be employed a Director of Library Services, and authorize
the Director of Library Services to employ such assistants and employees as may be
necessary for the proper management of the library, and fix their compensation; provided,
however, that prior to such employment, the compensation of the Director of Library
Services, assistants and employees shall have been fixed and approved by a majority of
the members of the city council voting in favor thereof.
Section 2.74.030 Rules and Regulations.
The city manager or their designee shall establish the rules of conduct for library
patrons. The city manager or their designee may do and perform any and all other acts
and things necessary or proper to carry out the provisions of this chapter.
Section 2.74.030 Library Fund and Expenditures.
A. The legislative body of the city shall annually allocate from the general funds
of the city a sum of money, the amount of which shall be determined by the legislative
body, which sum, together with all money acquired by gift, devise, bequest or otherwise
for the purposes of the library shall be apportioned to a fund to be designated the library
fund and be applied to the purposes authorized under this chapter.
B. If such payment into the treasury should be inconsistent with the conditions or
terms of any such gift, devise, or bequest, the city shall provide for the safety and
preservation of the same, and the application thereof to the use of the library, in
accordance with the terms and conditions of such gift, devise, or bequest.
C. Payments from the fund shall be made in the same manner as provided for
the payment of other demands against the city; provided, that all demands on such fund
shall be first presented to the city council and approved by it before being ordered paid.
Section 2.74.040 Title to Property.
The title to all property acquired for the purposes of the library established under
this chapter, when not inconsistent with the terms of its acquisition, or otherwise
designated, shall vest in the city and, in the name of the city, may be sued for and
defended by action at law or otherwise.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to
be invalid, unconstitutional, or unenforceable by the decision of any court of competent
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jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance or any part thereof. the City Council of the City of Palm Desert hereby declares
that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase hereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases would be declared
invalid, unconstitutional, or unenforceable.
SECTION 5. CEQA. The City Council finds that this Ordinance is exempt from the
provisions of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA
Guidelines Sections 15060(c)(2) and 15061(b)(3) in that the proposed changes are not
anticipated to result in a direct or reasonably foreseeable indirect physical change in the
environment, nor will the proposed changes have the potential for causing a significant
effect on the environment.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after
the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall
cause a copy of this Ordinance to be published in accordance with the provisions of the
law. The City Clerk shall certify the adoption of this Ordinance.
ADOPTED ON FEBRUARY 15, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1408 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on January 25, 2024, and adopted at a
regular meeting of the City Council held on February 15, 2024, by the following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ____________________.
ANTHONY J. MEJIA
CITY CLERK
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2/16/2024