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CC - Item 7C - Second Reading of Ordinance No. 920 Amending Various Sections of the Rosemead Municipal Code• / '' • Mm TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGE DATE: OCTOBER 11, 2011 SUBJECT: ORDINANCE 920— SECOND READING: AMENDING VARIOUS SECTIONS OF THE ROSEMEAD MUNICIPAL CODE. SUMMARY On September 27, 2011, the City Council introduced Ordinance No. 920, amending various sections of the Rosemead municipal code. Ordinance No. 920 is now before Council at the required second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 920 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: J, ,I i GLORIA • CITY CLERK Attachment A —Ordinance No. 920 ITEM NUMBER: 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now conducts its business; and WHEREAS, City staff has performed a review of the Code to identify inconsistencies and outdated references; and WHEREAS, the City Council of the City of Rosemead ( "City Council ") has determined that the following changes should be made to the Code for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 Page 1 of 10 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 (Prior code § 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. 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 seven p.m. or if such date falls on a holiday on the next succeeding day which is not a holiday. Page 2 of 10 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: 2.08.030 - Absence. 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, 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) 2.08.040 - Removal from office. 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. (Prior code § 2104) 2.08.050 - 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 - 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 presented to the City Council, and by the City Council duly approved and allowed. (Prior code § 2106) Page 3 of 10 2.08.070 - 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; 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; 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 the City Council; Page 4 of 10 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 - 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 - Duty of other officers. It shall be the duty of all subordinate officers including the City Clerk the Got Treasurer 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 - 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. Section 5. Section 2.12.100 of Chapter 2.1,2 [City Clerk] of the Rosemead Municipal Code is hereby amended to read in whole as follows: Page 5 of 10 2.12.020 - City Clerk— Functions, powers and duties. The City Clerk shall: A. Attend all meetings of the City Council and shall prepare the minutes of such proceedings; & 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. Prepare and maintain an index of all records in the Clerk's custody; D. Administer and supervise the City's records management program; E. Administer and supervise all municipal elections; F. Administer all oaths and take affidavits in matters relating to City business; G. Administer and supervise the publication of legal notices and ordinances of the City; H. Attest the signatures of City officers on documents that have been executed as authorized by resolution, ordinance or statute; I. Perform such other duties relating to the office as shall be required of him /her by law, ordinance or the City Council. 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: Page 6 of 10 Chapter 2.20 - DIRECTOR OF FINANCE /TREASURER 2.20.010 - Established— Appointment— Duties generally. Office of Director of Finance/Treasurer 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/Treasurer 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 /Treasurer 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; 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;- Page 7 of 10 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, and City Council; P. Discharge any other financial duties which may from time to time be assigned by the City Manager; 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. 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; 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. Page 8 of 10 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 shall be its chair, the City Manager, and the Assistance City. 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. Standard working hours of full -time City employees shall be seven a.m. to six p.m. with one hour lunches. Lunch hours shall be arranged so that City Hall remains open for business at 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. Page 9 of 10 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 11 day of October, 2011: Steven Ly Mayor ATTEST: Gloria Molleda City Clerk Rachel Richman City Attorney Page 10 of 10