CC - Item 7C - Introduction of Ordinance No. 1007 of the City Council of the City of Rosemead Amending Section 2.08.070 Relating to the Chief of PoliceROSEMEAD CITY COUNCIL
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER I.�A
DATE: DECEMBER 14, 2021
SUBJECT: INTRODUCTION OF ORDINANCE NO. 1007 OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING SECTION
2.08.070 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE
CHIEF OF POLICE
DISCUSSION
Councilmember Armenta requested that the following item be added to the City Council agenda
for Council action.
Upon the City's incorporation in 1959 initial ordinances of the City were adopted by the first
City Council. Over time changes occur which may necessitate the Council to make amendments
to the Municipal Code to properly reflect the status of certain matters. In the present case, the
City's provision of law enforcement is provided by contract approved by the City Council with
the Los Angeles County Sheriff's Department and not by an internal City Police Department
with a City employed Chief of Police. The City Council desires to amend the Municipal Code to
remove reference to the position of Chief of Police as falling under the City Manager as stated in
Section 2.08.070 to further clarify the current status.
STAFF RECOMMENDATION
That the City Council discuss and determine whether to introduce for reading and direct bringing
back for adoption, Ordinance No. 1007 of the City Council of the City of Rosemead, California,
amending section 2.08.070 of the Rosemead municipal code relating to the chief of police
FISCAL IMPACT
There is no fiscal impact associated with the recommendation of this report.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
AGENDA ITEM 7.0
City Council Meeting
December 14, 2021
Page 2 of 2
Prepared by:
Rachel Richman, City Attorney
Attachment A: Ordinance No: 1007
Attachment A
Ordinance No. 1007
ORDINANCE NO. 1007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING SECTION
2.08.070 OF THE ROSEMEAD MUNICIPAL CODE
RELATING TO THE CHIEF OF POLICE
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council finds and determines as follows:
In order to make the Municipal Code consistent with the City's provision of law
enforcement as being provided by contract approved by the City Council with the Los
Angeles County Sheriff's Department and not by a City Police Department with a City
employed Chief of Police, the City Council desires to amend the Municipal Code to
remove reference to that position in Section 2.08.070.
SECTION 2. Environmental Review. The City Council exercises its independent
judgment and finds that this ordinance is not subject to the California Environmental
Quality Act ("CEQA") pursuant to CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3: (1) Section 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment); (2) Section
15060(c)(3) (the activity is not a project as defined in Section 15378), because the
subject regulations have no potential for resulting in any significant physical change to
the environment, directly or indirectly, and (3) Section 15321 (the ordinance addresses
administrative procedures for City Manager duties).
SECTION 3. Amendment. Section 2.08.070 B. Is amended to remove the words "the
Chief of Police" and read as follows:
B. To appoint, promote, discipline, demote and remove 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;
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase, or portion of this ordinance is, for any reason, held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
ordinance or any part thereof. The City Council hereby declares that it would have
adopted this ordinance and each section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance irrespective of the fact that one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
unconstitutional or invalid or ineffective. To this end the provisions of this ordinance are
declared to be severable.
SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this
ordinance and publish in accordance with law.
PASSED, APPROVED, AND ADOPTED this day of 12021.
Polly Low, Mayor
ATTEST:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM
Rachel H. Richman
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF ROSEMEAD )
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State
of California, hereby attest to the above signature and certify that Ordinance No. 1007
was adopted by the City Council of the City of Rosemead at a regular meeting of said
Council held on the day of , 2021, by the following vote:
AYES:
NOES:
ABSENT:
Ericka Hernandez, City Clerk