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CC - Item 5B - Second Reading & Adoption of Ordinance No. 984 - Personnel SystemROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER At Nl . DATE: OCTOBER 23, 2018 SUBJECT: ORDINANCE NO. 984 — SECOND READING AND ADOPTION: SECTION 2.48.040 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE CITY'S PERSONNEL SYSTEM SUMMARY On October 9, 2018 the City Council reintroduced Ordinance No. 984 by title, amending Section 2.48.040 of the Rosemead Municipal Code relating to the City's personnel system. STAFF RECOMMENDATION It is recommended that the City Council approve the second reading and adoption of Ordinance No. 984 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SECTION 2.48.040 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE CITY'S PERSONNEL SYSTEM FISCAL IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Ericka Hernandez, City Clerk Attachment A: Ordinance No. 984 AGENDA ITEM NO. 5.B Attachment A Ordinance No. 984 ORDINANCE NO. 984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SECTION 2.48.040 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE CITY'S PERSONNEL SYSTEM THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings. A. Pursuant to Municipal Code Section 2.08.070, the City Manager serves as the administrative head of the City government under the direction and control of the City Council. B. Pursuant to Municipal Code Section 2.08.070, as the administrative head of government, the City Manager appoints, promotes, disciplines and removes all department heads and subordinate officers and employees of the City except the City Clerk and the City Attorney. C. This amendment removes conflicting language from Section 2.48.040, subsection B which relates to the City Manager's authority to appoint, promote, discipline and remove department heads. SECTION 2. Amendment of Section 2.48.040. Section 2.48.040, subsection B of the Rosemead Municipal Code is amended as follows: B. The City Manager shall have the power to appoint, promote, discipline, demote and remove officers and employees of the city in accordance with Section 2.08.070 (B). SECTION 3. Environmental Determination. The City Council exercises its independent judgment and finds that this ordinance is exempt from environmental review because the ordinance involves updates and revisions to existing regulations, and it can be seen with certainty that the text amendments will have no significant negative effect on the environment, per CEQA Guidelines, Section 15061(b)(3). SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. SECTION 6. Effective Date. This ordinance shall take effect thirty (30) days after its passage by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rosemead, County of Los Angeles of the State of California on this day of , 2018. Steven Ly, Mayor ATTEST; Ericka Hernandez, City Clerk : •F.IVIVE9 fT:i► Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP