CC - Item 7A - Discussion of Ordinance Amending Section 2.08.070 of the Rosemead Municipal Code Relating to the Chief of PoliceROSEMEAD CITY COUNCIL
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL n
FROM: GLORIA MOLLEDA, CITY MANAGER A.0.
`•
DATE: JANUARY 11, 2022
SUBJECT: DISCUSSION 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
Councilmember Armenta requested that the following item be added to the City Council agenda.
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 proposed 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. 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;
The proposed Ordinance would remove the language shown in strike out below:
B. To appoint, promote, discipline, demote and remove thef�f Poiiee, 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 7.A
City Council Meeting
January 11, 2022
Page 2 of 2
STAFF RECOMMENDATION
Staff recommends that the City Council discuss and determine whether to bring back for
introduction and adoption 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
FISCAL IMPACT
Therei-naf�scal lrripact associateduiththe mcomanrlreparx.
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
Draft Ordinance
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:
SECT-IONFrndin ----he-C—i#y-C—ounei� fiords and d�termines�sallow
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," 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 12022.
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.
was 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: Councilmembers:
NOESO un-cilmern-b-eTs
ABSENT: Councilmembers:
Ericka Hernandez, City Clerk