CC - Item 8A - Amending Certain Sections of the Rosemead Municipal Code To Make Minor Administrative CorrectionsR OSEMEAD CITY CO UNCIL
clvlc aaitr�% R
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER l�lrre �t
DATE: SEPTEMBER 27, 2011
SUBJECT: AMENDING CERTAIN SECTIONS OF THE ROSEMEAD MUNICIPAL CODE
TO MAKE MINOR ADMINISTRATIVE CORRECTIONS
SUMMARY
Staff and the City Attorney have reviewed the City of Rosemead Municipal Code and at
this time it is necessary to adopt Ordinance No. 920 to amend the Municipal Code to
make minor corrections and to remedy minor discrepancies in the Code.
Staff Recommendation
Staff recommends that the City Council introduce and conduct the first reading of
Ordinance No. 920.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
A L& I MALLEDA
CITY CLERK
Attachment A —Ordinance No. 920
ITEM NUMBER: _jE3_&_
ORDINANCE NO. 920
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING VARIOUS
SECTIONS OF THE ROSEMEAD MUNICIPAL CODE
WHEREAS, the City of Rosemead ( "City ") has determined that portions of the
Rosemead Municipal Code ( "Code "), as currently drafted, do not adequately address
the means by which the City now conducts its business; and
WHEREAS, City staff has performed a review of the Code to identify
inconsistencies and outdated references; and
WHEREAS, the City Council of the City of Rosemead ( "City Council ") has
determined that the following changes should be made to the Code for consistency,
accuracy and ease of use by the City's staff and citizens.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Sections 1.08.010 and 1.08.020 of Chapter 1.08 [Official Notices and
Filings] of the Rosemead Municipal Code are hereby amended to read in whole as
follows:
1.08.010 - Public places for posting notices.
The following are officially designated as public places for the posting of all
ordinances, resolutions or notices adopted or issued by the city in all cases when
posting is required by law.
1. City Hall
8838 East Valley Boulevard
Rosemead, California
2. Rosemead Community Recreation Center
3936 N. Muscatel Avenue
Rosemead, CA 91770
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3. Garvey Community Center
9108 Garvey Avenue
Rosemead, CA 91770
4. Public Safety Center
8301 Garvey Avenue
Rosemead, CA 91770
5. United States Post Office
8845 Valley Boulevard
Rosemead, California
6. Los Angeles County Library
8800 Valley Boulevard
Rosemead, California
4. Los ARgeles County Library
Del Mar Avenue
Office Res-P-M-ad, California
5. URited States Post
(Prior Rosem ad, California
••- § 2800)
1.08.020 - Posting and publication,
A. Posting. All notices, ordinances or resolutions required to be posted shall be
posted within fifteen (15) days after passage in at least three public places as set
forth in Section 1.08.010, and in accordance with the provisions of Section 36933
of the Government Code of the state of California.
B. Publication. Within fifteen (15) days after its passage the City Clerk shall
cause a summary of each ordinance to be published in a newspaper of general
circulation published and circulated in the city of Rosemead in accordance with the
provisions of Section 36933 of the Government Code of the state of California,
provided the charge for such publication does not exceed the customary rate
charged by the newspaper for publication of private legal notices. I f Such „erg
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C. For the convenience of the public, meeting agendas and additional copies of
all notices, ordinances and resolutions listed in subsection A of this section shall be
posted at the same locations listed in Section 1.08.010
Giro# Amornan Bank 8941 Valley Bo
Cha mber of Commerce 3953 Muscate Aven
Rrn Caoor Market 7619 Garvey Avenue
Ral h'o MarLot 8896 Valley Be leyard
*crbrrnT 8800 Valle Boulevard
* Lrorary 3132 De Mar Arlon (C by C
Post OfP 8845 valley Q leyar.i
f'G � ° c vv v v3�oo a, va v
w# (lr_vffiGG 8111 Newmark Avenu
Rosemead Community Center 3936 Musnatpl Avenue
Zapopan Gemmminity Center 3018 Charlotte Avenue
The posting places described in this subsection shall not be construed as a legal
requirement for notice of meetings or legal effectiveness of any public hearing.
Section 2. Section 2.04.040 of Chapter 2.04 [City Council] of the Rosemead
Municipal Code is hereby amended to read in whole as follows:
2.04.040 - Council meetings.
Regular meetings of the City Council shall be on the second and fourth Tuesdays
of each month at the hour of eight seven p.m. or if such date falls on a holiday on
the next succeeding day which is not a holiday.
Section 3. Sections 2.08.030, 2.08.040, 2.08.050, 2.08.060, 2.08.070, 2.08.080,
2.08.090, and 2.08.100 of Chapter 2.08 [City Manager] of the Rosemead Municipal
Code are hereby amended to read in whole as follows:
1. 1 1 IaTWL l :�iLT�
In case of the absence or disability of the City Manager, the City Council may
designate some duly qualified person to perform the duties of the City Manager,
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during the period of absence or disability of said City Manager, subject however, to
the person's furnishing a corporate surety bond and conditioned on faithful
performance of the duties required to be performed, as set forth in Section
2.08.030.
(Prior code § 2103)
i'1 a ,'
The City Council shall appoint the City Manager for an indefinite term and may
remove him or her by a three - member vote with or without cause. At least thirty
(Prior code § 2104)
2.08.050 2.08068 - Removal after municipal election.
Notwithstanding the provisions of the code hereinbefore enumerated, the City
Manager shall not be removed from office during or within a period of ninety (90)
days next succeeding any general municipal election held in the city at which
election a member of the City Council is elected; the purpose of this provision is to
allow any newly elected member of the City Council or a reorganized City Council
to observe the actions and ability of the City Manager in the performance of the
powers and duties of his or her office. After the expiration of said ninety (90) days,
the provisions of Section 2.08.040 as to the removal of the City Manager shall
apply and be effective.
(Prior code § 2105)
2.08.060 2.08078 - Compensation and reimbursement.
A. The City Manager shall receive such compensation as the City Council shall
from time to time determine and fix, and compensation shall be a proper charge
against such funds of the city and the City Council shall designate such funds.
B. The City Manager shall be reimbursed for all sums necessarily incurred or
paid by him or her in the performance of his or her duties, or incurred when
traveling on business pertaining to the city under direction of the City Council;
reimbursement shall only be made, however, when a verified itemized claim,
setting forth the sums expended for which reimbursement is requested, has been
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(Prior code § 2104)
2.08.050 2.08068 - Removal after municipal election.
Notwithstanding the provisions of the code hereinbefore enumerated, the City
Manager shall not be removed from office during or within a period of ninety (90)
days next succeeding any general municipal election held in the city at which
election a member of the City Council is elected; the purpose of this provision is to
allow any newly elected member of the City Council or a reorganized City Council
to observe the actions and ability of the City Manager in the performance of the
powers and duties of his or her office. After the expiration of said ninety (90) days,
the provisions of Section 2.08.040 as to the removal of the City Manager shall
apply and be effective.
(Prior code § 2105)
2.08.060 2.08078 - Compensation and reimbursement.
A. The City Manager shall receive such compensation as the City Council shall
from time to time determine and fix, and compensation shall be a proper charge
against such funds of the city and the City Council shall designate such funds.
B. The City Manager shall be reimbursed for all sums necessarily incurred or
paid by him or her in the performance of his or her duties, or incurred when
traveling on business pertaining to the city under direction of the City Council;
reimbursement shall only be made, however, when a verified itemized claim,
setting forth the sums expended for which reimbursement is requested, has been
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presented to the City Council, and by the City Council duly approved and allowed
(Prior code § 2106)
2.08.070 2.08080 - Powers and duties.
The City Manager shall be the administrative head of the city government under
the direction and control of the City Council, except as otherwise provided in this
code. He or she shall be responsible for the efficient administration. of all the affairs
of the city which are under his or her control. In addition to his or her general
powers as administrative head, and not as a limitation thereon, it shall be his or her
duty and he or she shall have the power:
A. To see that the laws of the state of California pertaining to the city and all
laws and ordinances of the city are duly enforced, and that all franchises,
permits, and privileges granted by the city are faithfully observed;
B. To appoint, promote, discipline, demote and remove the Chief of Police,
all heads of departments, and all subordinate officers and employees of the city
except the City Clerk and the City Attorney and the Cit Treasurer to transfer
employees from one department to another; and to consolidate or combine
offices, positions, departments or units under his or her jurisdiction;
C. To exercise control over and to supervise in general all departments and
divisions of the city government and all appointive officers and employees
thereof except the City Clerk and the City Attorney a the City Treas urer;
D. To attend all meetings of the City Council and its committees unless
excused there from by the City Council;
E. To recommend to the City Council for adoption such measures and
ordinances as he or she deems necessary or expedient;
F. To prepare and to recommend to the City Council a salary plan;
G. To purchase or cause to be purchased all supplies for all of the
departments or divisions of the city. No expenditure shall be submitted or
recommended to the City Council except upon report or approval of the City
Manager;
H. To make investigations into the affairs of the city and any department or
division thereof, and any contract or the proper performance of any obligation
running to the city;
I. To investigate all complaints in relation to matters concerning the
administration of the government of the city and in regard to the service
maintained by public utilities in the city, and to see that all franchises, permits
and privileges granted by the city are faithfully observed;
J. To exercise general supervision over all public buildings, public parks,
streets and other public property which are under the control and jurisdiction of
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the City Council;
K. To devote his or her entire time to the duties and interests of the city;
L. To act as local Director of Civilian Defense;
M. To make reports and recommendations as may be desirable or as
requested by the City Council;
N. To serve in any appointed office or head of department within the city
government to which he or she may be qualified when appointed thereto by the
City Council to hold and perform the duties thereof at the pleasure of the City
Council;
O. To perform such other duties and exercise such other powers as may be
delegated to him or her from time to time by ordinance or resolution of the City
Council.
(Prior code § 2107)
2.08.080 2.08098 - Ex- officio member of boards and commissions.
The City Manager shall be an ex- officio member of all boards and commissions
appointed by the Mayor or City Council pursuant to law with a right to participate in
all deliberations or actions by his or her voice but without vote.
(Prior code § 2108)
2.08.090 2.08.1 -00 - Duty of other officers.
It shall be the duty of all subordinate officers including the City Clerk 4h °qty
TY easur ° er and the City Attorney, to cooperate with and assist the City Manager in
administering the affairs of the city most efficiently, economically and harmoniously
so far as may be consistent with their duties as prescribed by law and the
ordinances of the City of Rosemead.
(Prior code § 2109)
2.08.100 2.08.1 -10 - Orders and directions.
The City Council and its members shall deal with the administrative services of the
city only through the City Manager, except for the purpose of inquiry, and neither
the City Council nor any members thereof shall give orders to any subordinates of
the City Manager.
(Prior code § 2110)
Section 4. Section 2.08.110 of Chapter 2.08 [City Manager] of the Rosemead
Municipal Code is hereby repealed.
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Section 5. Section 2.12.100 of Chapter 2.12 [City Clerk] of the Rosemead Municipal
Code is hereby amended to read in whole as follows:
The City Clerk shall:
! • • `..
minutes of such proceedings;
B. Have custody of and be responsible for the City seal and all books,
records, papers and archives belonging to the City committed to the
clerk's custody;
C. Pre pare t. mainta an i ndex o all records ` • f..
D. Administer and supervise the City's records management program;
E. Administer and supervise all municipal elections;
F. Ad a oat 1 • take aff to City
G. Administer and supervise the publication of legal notices and
ordinances of the City;
H. Attest to :• C ity off o documents t have been
executed as authorized by resolution, ordinance or statutel
1. Perform such other duties relatina to the office as shall be required
t7►1S7RT�1�7. _ _ 11':iT.T -1' - 114�T:l�rT-
7.7:T.T.T.
Section 6. Chapter 2.16 [City Treasurer] of the Rosemead Municipal Code is hereby
repealed.
Section 7. Chapter 2.20 [Director of Finance /Treasurer] of the Rosemead Municipal
Code is hereby amended to read in whole as follows:
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Chapter 2.20 - DIRECTOR OF FINANCE / TREASURER
2.20.010 - Established— Appointment— Duties generally.
Office of Director of Finance/ and Purchasing Officer. Pursuant to
Section 40805.5 of the Government Code of the state of California, the Office of
Director of Finance is established, and the duties provided for in Government Code
Sections 40802, 40803, 40804 and 40805 are transferred from the City Clerk to the
Director of Finance. The Director of Finance / Treasurer shall also be the
Purchasing Officer and shall be appointed by the City Manager on the basis of his
or her professional and administrative qualifications and ability and shall serve as a
department head at the pleasure of the City Manager.
With the approval of the City Council, the City Manager may be appointed the
Director of Finance/ and perform the functions thereof, including the
appointment of a deputy or deputies and the delegation to other employees of the
functions of the office.
(Prior code § 2204)
2.20.020 - Powers and duties.
The Director of Finance/ shall be vested and charged with the following
powers, duties and responsibilities:
A. To have charge of the administration of the financial affairs of the city;
B. To assist the City Manager in preparing the annual budget for submission
to the City Council, and to administer it after adoption;
C. To keep the City Manager fully informed on the financial condition and
needs of the city;
D. To serve as the Accounting Officer of the city and maintain records readily
reflecting the financial condition of the city;
E. To prepare for presentation to the City Council at the end of each fiscal
year a summary statement of receipts and disbursements by departments
and funds, including opening and closing fund balances in the treasury;
F. To cause the financial statement of the city to be published in a
newspaper of general circulation printed and published in the city, within one
hundred twenty (120) days after the close of the fiscal year for which such
statement is compiled;
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G. To audit and approve before payment all bills, invoices, payrolls,
demands or charges against the city, and with the advice of the City Attorney
when necessary, determine the regularity, legality and correctness of such
claims, demands and charges;
H. Supervise the keeping of current inventories of all property of the city by
all city departments, offices and agencies;
I. Perform such other duties as may be imposed upon him or her by
ordinance or directive of the City Manager;
J. To serve on the Finance Committee as set forth in Chapter 2.36 of this
code;
K. To act as purchasing officer as defined in Section 3.24.030 of this code
for the purchase of supplies, equipment, services and facilities as described
in Sections 3.24.030 through 3.24.130 of this code.
L. Receive and have custody of all moneys receivable by the city from any
source;
M. Deposit all moneys received in such depositories as may be designated
by resolution of the city council;
N. Disburse moneys on demands properly audited and approved in the
manner provided for;
O. Prepare and submit to the City Clerk monthly written reports of all
receipts, disbursements and fund balances, copies of which reports shall be
filed with the City Manager, Cit Cinanne n•reGter and City Council;
P. Discharge any other financial duties which may from time to time be
assigned by the City Manager whether the some pertains to the normal d
of a Gity Tr asurer or not-,
Q. Serve as chair of the Investment Committee;
R. Review and sign all investment documents to verify that they are in
compliance with applicable laws and regulations.
S . To art for the Treasurer when the Treasurer is absent unable or ref
t o perform his er her dbit s;
S. Preparation of cash flow projections for use in determining moneys
available for investment by the city;
T. Collection of taxes and license fees;
U. Preparation of a monthly report of receipts, disbursements, and fund
balances as required by Government Code Section 41004;
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V. Preparation of demand listing and checks or warrants, and payment
thereof;
W. Receipt and deposit of money via the use of prenumbered receipt forms,
cash register machines, cash journals, deposit slips and coordination of night
deposits at all receiving points.
Section 8. Section 2.36.030 of Chapter 2.36 [Investment Committee] of the
Rosemead Municipal Code is hereby amended to read in whole as follows:
2.36.030 - Members.
The
Investment Committee
shall
consist of the
Director of Finance /Treasurer,
who
Director
shall be its chair, the
of Finonno
City
Manager, and
the Assistance City Manager
..,
Section 8. Section 2.36.030 of Chapter 2.36 [Investment Committee] of the
Rosemead Municipal Code is hereby amended to read in whole as follows:
2.36.030 - Members.
The
Investment Committee
shall
consist of the
Director of Finance /Treasurer,
who
Director
shall be its chair, the
of Finonno
City
Manager, and
the Assistance City Manager
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Section 9. Section 2.44.030 of Chapter 2.44 [Miscellaneous Administrative
Regulations ] of the Rosemead Municipal Code is hereby amended to read in whole as
follows:
2.44.030 — City Hall Office Hours. The City Hall offices shall remain open between the
hours of seven a.m. and six p.m., Monday through Thursday of each week. The city
offices shall be closed on New Year's Day, Martin Luther King Day President's Day,
Memorial Day, Independence Day (4th of July), Labor Day, Veteran's Day,
Thanksgiving Day, and Christmas Day. If any such days fall upon a Sunday, the city
offices shall be closed on the following Monday. If any such days fall upon a Friday or
Saturday the city offices shall be closed on the preceding Thursday. The Working
heuF of all fill time nit y employees —shall he seven to s ,r
-- v��c� � rr m— i «.� n m with one..
lunches. Lunch hours- shall be arranged so that City Hall remains epen for bUSiRes
all times during business hours
Section 10. Chapter 3.24.050(F) of the Rosemead Municipal Code is hereby amended
to read in its entirety as follows:
3.24.050 Bidding, purchasing and contracting.
F. Five -Year Term Limitation: No agreement or contract shall extend for a period of
more than five (5) years, including any authorized extensions, unless approved by the
City Council
Section 11. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
Section 12. The City Clerk shall certify as to the adoption of this Ordinance and shall
cause a summary thereof to be published within fifteen (15) days of the adoption and shall
post a certified copy of this Ordinance, including the vote for and against the same, in the
Office of the City Clerk, in accordance with,Government Code § 36933.
PASSED AND ADOPTED this day of 2011:
bteven Ly
Mayor
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ATTEST:
Gloria Molleda
City Clerk
APPROVED AS TO FORM:
Rachel Richman
City Attorney
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