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CC - Item 5E - Second Reading and Adoption of Ordinance No. 1007 - Amending Section 2.08.070(B) of the Rosemead Municipal Code Relating to the Chief of PoliceROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER '%'0' DATE: FEBRUARY 8, 2022 SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1007 - AMENDING SECTION 2.08.070(B) OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE CHIEF OF POLICE SUMMARY On January 25, 2022, the City Council introduced for first reading Ordinance No. 1007, which amends the Municipal Code to remove the position of Chief of Police from Section 2.08.070(B) for clarification purposes. STAFF RECOMMENDATION That the City Council approve the second reading and adopt Ordinance No. 1007 by title only, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING SECTION 2.08.070(B) OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE CHIEF OF POLICE STRATEGIC PLAN IMPACT - None 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. Subm' d by: Ericka flemandez City Clerk AGENDA ITEM 5.E City Council Meeting February 8, 2022 Page 2 of 2 Attachment A: Ordinance No. 1007 Attachment B: City Council Staff Report Dated January 25, 2022 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(B) 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: 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(B). 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," to be 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 , 2022. Polly Low, Mayor ATTEST: Erick 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 Introduced on January 25, 2022 and adopted by the City Council of the City of Rosemead at a regular meeting of said Council held on the day of , 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment B City Council Staff Report Dated January 25, 2022 ROSEMEAD CITY COUNCIL STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER DATE: JANUARY 25, 2022 SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING SECTION 2.08.070(B) OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE CHIEF OF POLICE DISCUSSION At the City Council meeting of January 11, 2022, the City Council directed that an ordinance be brought back to the City. Council for introduction amending the Municipal Code to remove the position of Chief of Police from section 2.08.070(B) for clarification purposes. 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 a 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 draft Ordinance would 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(B) to further clarify the current status. The current code section 2.08.070(B) provides that the City Manager shall have the power to: B. 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; The proposed Ordinance would remove the language shown in strike out below: B. Appoint, promote, discipline, demote and remove the Gb of of Pe'.iee, 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; AGENDA ITEM 4.E City Council Meeting January 25, 2022 Page 2 of 2 STAFF RECOMMENDATION Staff recommends that the City Council introduce and read by title only, an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING SECTION 2.08.070(B) OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE CHIEF OF POLICE" and direct staff to place the Ordinance on an upcoming agenda for adoption. 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. 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(8) 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(B). 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," to be 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 S. 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 , 2022. Polly Low, Mayor ATTEST: Erick 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 Introduced on January 25, 2022 and adopted by the City Council of the City of Rosemead at a regular meeting of said Council held on the day of , 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk