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CC - Item 4D - Second Reading of Ordinance No. 1015 Amending Sections 2.35.020 adn 2.35.040 of the Municipal Code Relating to the Public Safety CommissionROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: APRIL 25, 2023 SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1015 - AMENDING SECTIONS 2.35.020 AND 2.35.040 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE PUBLIC SAFETY COMMISSION SUMMARY On April 25, 2023, the City Council introduced for first reading, Ordinance No. 1015, an ordinance to amend the Municipal Code relating to the membership and corresponding terms of members appointed to the Rosemead Public Safety Commission. Ordinance No. 1015 amends the number of appointed members from five to up to seven, consisting of four residents and three members of the business community. STAFF RECOMMENDATION That the City Council approve the second reading and adopt, by title only, Ordinance No. 1015, an Ordinance of the City Council of the City of Rosemead, California, amending sections 2.35.020 and 2.35.040 to Chapter 2.35 to Title 2 of the Rosemead Municipal Code to increase the number of members and associated terms of members appointed to the Rosemead Public Safety Commission. FISCAL IMPACT There is a cost increase of $100 per additional member per meeting for a total of $2,400. ENVIRONMENTAL REVIEW The proposed action does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. STRATEGIC PLAN IMPACT — None. AGENDA ITEM 4.1) City Council Meeting April 25, 2023 Page 2 of 2 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: 6#8 Ericka Hernandez, City Clerk Attachment A: Ordinance No. 1015 Attachment B: City Council Staff Report Dated April 25, 2023 Attachment A Ordinance No. 1015 ORDINANCE NO. 1015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING SECTIONS 2.35.020 AND 2.35.040 TO CHAPTER 2.35 TO TITLE 2 OF THE ROSEMEAD MUNICIPAL CODE TO INCREASE THE NUMBER OF MEMBERS AND ASSOCIATED TERMS OF MEMBERS APPOINTED TO THE ROSEMEAD PUBLIC SAFETY COMMISSION WHEREAS, the City Council of the City of Rosemead has determined that it is advisable to increase the membership of the Public Safety Commission from five to up to seven, consisting of four residents and three members of the business community. The corresponding terms of appointed members shall be adjusted NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWS: 2.35.020 — Members The Public Safety Commission shall consist of up to seven voting members appointed by the City Council, comprised of up to four residents and up to three members of our business community, and in addition thereto the following ex -officio members who shall be non-voting members: The City Manager, or their designee. 2.35.040 — Term Each member of the Public Safety Commission shall have a term of office of two years which shall be staggered so that up to four residential members shall be appointed in the odd -numbered years and up to three business community members shall be appointed in even -numbered years. Terms shall commence on July 1 and expire on June 30 of the appropriate calendar year, unless a lesser term is necessary to fill a vacancy. Should any vacancy exist on the Commission, otherwise than by expiration of term, such vacancy shall be filled by appointment for the unexpired portion of the term. At the formation of the Public Safety Commission in the Year 2022, the three residential members shall serve an initial one-year term to coincide with the odd -number year appointment schedule as stated above. SECTION 2. 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 3. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law. SECTION 4. Effective Date. This ordinance will be effective 30 days after adoption. PASSED, APPROVED AND ORDAINED this 9`h day of May 2023. Sean Dang, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk CERTIFICATION 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. 1015 was first introduced at the regular meeting of April 25, 2023 by first reading. Said Ordinance was approved and adopted by the City Council of the City of Rosemead at a regular meeting held on the 9th day of May, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment B City Council Staff Report Dated April 25, 2023 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: APRIL 25, 2023 SUBJECT: INTRODUCTION OF ORDINANCE NO. 1015 OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING SECTIONS 2.35.020 AND 2.35.040 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO THE PUBLIC SAFETY COMMISSION SUMMARY At the February 28, 2023, City Council Meeting, the City Council directed that an ordinance be brought back to the City Council for introduction to amend the Municipal Code relating to the membership and corresponding terms of members appointed to the Rosemead Public Safety Commission. Specifically, Ordinance No. 1015 amends the number of appointed members from five to up to seven, consisting of four residents and three members of the business community. Therefore, it is recommended that the City Council introduce Ordinance No. 1015 amending sections 2.35.020 and 2.35.040 of the Rosemead Municipal Code relating to the Public Safety Commission. BACKGROUND On March 22, 2022, the City Council discussed the establishment of a Public Safety Commission to facilitate a citizen -based, community effort to organize, promote, advocate, and participate in public safety efforts concerning matters relating to public safety, understanding police and fire operations, crime prevention, emergency preparedness, and any other issues which may be assigned by the City Council. On April 12, 2022, the City Council introduced Ordinance No. 1010 creating the Public Safety Commission, which included five members comprised of three residents and two members of the business community. Upon adoption of the Ordinance, the City Council interviewed prospective candidates in the summer of 2022, and the Commission held its first meeting on August 25, 2022. At the February 14, 2023, City Council Meeting, Mayor Pro Tem Ly requested that an item be brought forward at a future meeting to discuss increasing the number of members on the Public Safety Commission from five to seven. This item returned to the City Council on February 28, 2023, whereby the City Council directed staff to return with an Ordinance to amend the Rosemead AGENDA ITEM 5.0 City Council Meeting April 25, 2023 Page 2 of 3 Municipal Code to increase the member of the Public Safety Commission. DISCUSSION The current code section 2.35.020 — Members provides for the composition of the Public Safety Commission as follows: The Public Safety Commission shall consist of five voting members appointed by the City Council, comprised of three residents and two members of our business community, and in addition thereto the following ex -officio members who shall be non-voting members: The City Manager, or his or her designee. The proposed Ordinance would amend this language to the following: The Public Safety Commission shall consist of up to €we seven voting members appointed by the City Council, comprised of up to three four residents and up to twe three members of our business community, and in addition thereto the following ex -officio members who shall be non-voting members: The City Manager, or their designee. The current code section 2.35.040 — Terms provides for the terms of members appointed to the Public Safety Commission as follows: Each member of the Public Safety Commission shall have a term of office of two years which shall be staggered so that three residential members shall be appointed in the odd -numbered years and two business community members shall be appointed in even -numbered years. Terms shall commence on July 1 and expire on June 30 of the appropriate calendar year, unless a lesser term is necessary to fill a vacancy. Should any vacancy exist on the Commission, otherwise than by expiration of term, such vacancy shall be filled by appointment for the unexpired portion of the term. At the formation of the Public Safety Commission in the Year 2022, the three residential members shall serve an initial one-year term to coincide with the odd -number year appointment schedule as stated above. The proposed Ordinance would amend this language to the following: Each member of the Public Safety Commission shall have a term of office of two years which shall be staggered so that up to three four residential members shall be appointed in the odd -numbered years and up to twe three business community members shall be appointed in even -numbered years. Terms shall commence on July 1 and expire on June 30 of the appropriate calendar year, unless a lesser term is necessary to fill a vacancy. Should any vacancy exist on the Commission, otherwise than by expiration of term, such vacancy shall be filled by appointment for the unexpired portion of the term. At the formation of the Public Safety Commission in the Year 2022, the three City Council Meeting April 25, 2023 Page 3 of 3 residential members shall serve an initial one-year term to coincide with the odd -number year appointment schedule as stated above. STAFF RECOMMENDATION It is recommended that the City Council introduce and ready by title only, and Ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING SECTIONS 2.35.020 AND 2.35.040 TO CHAPTER 2.35 TO TITLE 2 OF THE ROSEMEAD MUNICIPAL CODE TO INCREASE THE NUMBER OF MEMBERS AND ASSOCIATED TERMS OF MEMBERS APPOINTED TO THE ROSEMEAD PUBLIC SAFETY COMMISSION" and direct staff to place the Ordinance on an upcoming agenda for adoption. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. As such, this matter is exempt under CEQA. STRATEGIC PLAN IMPACT None. FISCAL IMPACT There is a cost increase of $100 per additional member per meeting for a total of $2,400. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Michael Bruckner Assistant City Manager Attachment A: Ordinance No. 1015 Attachment A Ordinance No. 1015 ORDINANCE NO. 1015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING SECTIONS 2.35.020 AND 2.35.040 TO CHAPTER 2.35 TO TITLE 2 OF THE ROSEMEAD MUNICIPAL CODE TO INCREASE THE NUMBER OF MEMBERS AND ASSOCIATED TERMS OF MEMBERS APPOINTED TO THE ROSEMEAD PUBLIC SAFETY COMMISSION WHEREAS, the City Council of the City of Rosemead has determined that it is advisable to increase the membership of the Public Safety Commission from five to up to seven, consisting of four residents and three members of the business community. The corresponding terms of appointed members shall be adjusted NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWS: 2.35.020 — Members The Public Safety Commission shall consist of up to seven voting members appointed by the City Council, comprised of up to four residents and up to three members of our business community, and in addition thereto the following ex -officio members who shall be non-voting members: The City Manager, or their designee. 2.35.040 — Term Each member of the Public Safety Commission shall have a term of office of two years which shall be staggered so that up to four residential members shall be appointed in the odd -numbered years and up to three business community members shall be appointed in even -numbered years. Terms shall commence on July 1 and expire on June 30 of the appropriate calendar year, unless a lesser term is necessary to fill a vacancy. Should any vacancy exist on the Commission, otherwise than by expiration of term, such vacancy shall be filled by appointment for the unexpired portion of the term. At the formation of the Public Safety Commission in the Year 2022, the three residential members shall serve an initial one-year term to coincide with the odd -number year appointment schedule as stated above. SECTION 2. 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 3. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law. SECTION 4. Effective Date. This ordinance will be effective 30 days after adoption. PASSED, APPROVED AND ORDAINED this day of , 2023. APPROVED AS TO FORM: Rachel Richman, City Attorney Polly Low, Mayor ATTEST: Ericka Hernandez, City Clerk 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. 1015 was first introduced at the regular meeting of , 2023 by first reading. Said Ordinance was approved and adopted by the City Council of the City of Rosemead at a regular meeting held on the day of , 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk