• The City of Bellflower FBELLFLpw�R
7 . ��. ea. 11004111
16600 Civic Center Drive, Bellflower, CA 90706
Tel 562.804.1424 Fax 562.925.8660 www.bellflower.org %wiNG .
D -% '1
475 ?.111t- AGENDA
0. •w� r J
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at (562) 804-1424, extension 2220 or cclerk(a.bellflower.orq. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Agenda Items are on file in the Office of the City Clerk and are available for public inspection during normal business hours. For your convenience, the Agenda is also posted on the City's Website at www.bellflower.orq with links to each Agenda Item (unless they are too lengthy or unavailable at the time of posting). Any supplemental material distributed to a majority of the members of the City Council after the posting of this Agenda will be made available for public inspection during normal business hours in the City Clerk's Office at City Hall, 16600 Civic Center Drive, Bellflower. (Privileged documents and Closed Session documents are exempted.)
SPECIAL MEETING OF THE BELLFLOWER CITY COUNCIL
TUESDAY, MAY 3, 2022, 10:00 A.M.
BELLFLOWER CITY HALL - COUNCIL CHAMBERS
PUBLIC PARTICIPATION
The City Council Chambers will be open to the public. Per the Los Angeles County Health Officer Order effective March 4, 2022, it is strongly recommended, but not required, to wear a face covering when inside Bellflower City Hall. 1 CALL TO ORDER
2 ROLL CALL: Mayor Ray Dunton
Mayor Pro Tem Sonny R. Santa Ines
Council Member Raymond Y. Hamada
Council Member Dan Koops
Council Member Victor A. Sanchez
, Bellflower City Council special Meeting Agenda
May 3, 2022
3 PUBLIC COMMENTS
Pursuant to Government Code Section 54954.3(a), the public may address the City Council on matters listed on the Agenda. Those wishing to speak on a listed item should come to the podium, be recognized by the Mayor, and state your name for the record. Each speaker will be given three (3) minutes to address the City Council.
4 STUDY SESSION
A Consideration and possible action to conduct a City Council Study Session on potential ballot measures for the November 2022 ballot: 1) Underutilized Commercial Property Tax; and 2) City Charter.
Recommendation to City Council: 1) Provide direction to staff regarding the potential of placing one or both of these ballot measures on the November 2022 ballot; or 2) Alternatively, discuss and take other action related to this item. 5 ADJOURNMENT
4-A
Unutilized Commercial
Properties Tax ( UCPT)
May 3, 2022
City Council Workshop
isegeOttigh,
Process/Timeline
• This City Council workshop — if directed to move forward... • Draft ballot language
• Community poll/survey
• Adopt a resolution calling election in June 2022
• Submit to County for consolidation on the November ballot by August 2022 • Refine potential ordinance based on City Council input today • November 2022 election — if approved by the voters, move forward with implementation in 2023
beNeoweA,
Economic Development
Goal of the UCPT
The goal of this tax is to encourage commercial property owners to fully utilize . . .
their properties and keep them in good repair.
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Economic4 Development
Unutilized Commercial Properties in
Bellflower
Issues, Locations & Ownership
13eNeoweA,
Common Issues with Vacant Properties
(a burden on the City)
• high incidence of code violations ,
• attract vagrants and criminal activity
ot
• draw and harbor vermin A . 11 IIIII
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• vulnerable to fires
• negatively affect property values i
• represent disinvestment in the area _ — _ , ,
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• unsightly '
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• above average use of city resources di __ _ .-... — • hinders economic development 134 go W01,
Economic Development
.P A.tx»St It
r•Y
41 t
et
Location of Vacant Properties* 1
"Snap-shot in Time Feb. 2022"
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P•..e �..Av • • • �� .......
• Throughout the City's Commercial Corridors f= At
I ' '• e'•..oSe F •
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• Bellflower Blvd., Artesia Blvd., & Lakewood Blvd. # S.m.n.tPlv3 • • . • e M • '°•• `°M1O
NON.Si 4 i•• it'
t.•.Se '
3 .I ID I x a i ::_
• Shopping Center/Strip Malls X52 r •
•
2 AlonaN _.. i " _
• Iw •kA n •j se•
• Stand Alone Commercial Bldgs 0 4 •, • '"'"`°• r • 3 Writ Se r rt 5
6N S1 h = •
f I • I i i f
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r utt"eSe .,,w;, Bellflower
t Is
• Office Bldgs .• H"mer St
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• Maple Se • • N.•I.St s4.l.•
t • Walnut St W.Itut St
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Fair's St s
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• Warehouse tN, s •
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al
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• ••. •t.,.•.1.m.,
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• Vacant Lots rz9 - e.
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*Economic Development staff conducted walking A.n..ritSt Aar rave,St . and windshield surveys of the major commercial •{cs• t _ rlgflf 13 it 3 s a 3 a : > • •a
corridors to identify vacancies. 6 (4)01, a .` i - :�•
a• it 1 . • ii ;Ci Economic'Dcvclopmcrt
Ownership of Vacancies Vacant Commercial Property Ownership Profile • 122 total vacancies
• 9 vacant lots
25°'''
• 15 Bellflower Owners (12%)
• 30 Unknown (same commercial
address or Bellflower PO Box) 12% 63% (25%)
• 77 OUT OF TOWN OWNERSHIP
(63%)
•Out of Town Ownership Bellflower Ownership .Same Commercial Bellflower Address or PO Box • 63% - 88% of vacancies are out of
town ownership
Economic Development
Estimating Revenue Loss/ Lost
Revenue Potential
Methodology
Estimating Revenue Loss/Lost Revenue Potential
Business License Tax - $199 per vacancy
• Assumes 1 business and 3 employees per vacancy
• Base Business License Tax rate of $190 per year plus $3 per employee Unutilized Property Tax - $1,094 per vacancy
• Assumes an increase of 75% of the assessed value (AV) for improvements for all 122 vacant properties ("snap shot in time")
• The City revenue generated (City's 0.066% levy and VLF backfill) is then divided by the number of vacancies
1e6g
Economic Development
Estimating Revenue Loss/Lost Revenue Potential continued Sales Tax — Difficult to Quantify the Opportunity Cost
• Several typical uses identified-those likely to occupy the spaces • Ranges of Sales Tax per square foot (PSF) determined (data from consultant HdL) • Median Sales Tax PSF calculated as $3.38 (Sales Tax Factor) • Helps even out the results, reducing the impact of extreme lows and highs • Multiply the vacant building space or vacant lot size by the Sales Tax Factor ($3.38) • Staff recommends a minimum fee of $5,000 be established otherwise for small spaces the tax may not be enough to encourage action
• Staff recommends a cap of $50,000 to this portion of the tax as this fee can increase significantly for larger properties
beifOtweA,
Economic Development
Estimating Costs — Law Enforcement
Methodology
13d/e0.40N01,
Estimating Costs — Public Safety
Methodology
• Staff identified 10 high profile vacant properties throughout the city • Varied in size
• Some vacant land, some vacant buildings or spaces in buildings • Calculated Public Safety time spent on these 10 properties • Both LACSD and Bellflower Public Safety Costs
• Totaled the Calls for Service for each property
• Used an average of 30 minutes of LACSD and City CSO time per call (2 CSOs per call)
• Used the LACSD contract broken down to a cost per deputy minute • Used the City's fully burdened rate
• Calculated an Average Public Safety Cost per vacancy - $1,931 13A6CoweA,
Economic Development
Estimating Costs — Code Enforcement
Methodology
• Staff identified 10 high profile vacant properties throughout the city • Varied in size
• Some vacant land, some vacant buildings and some vacant spaces in buildings • Calculated annual Code Enforcement time spent on these 10 properties over the past few years
• Totaled the hours worked for each property (as few at 2 hrs up to 50+ hrs) • Used an average Code Enforcement Hourly Rate of $118.25 per hour • Calculated an Average Code Enforcement Cost per vacancy - $2,140.23 iseNeoweA,
Economic Development
Putting it all together
Tax Structure
-13A0x
wot,
Economic Development
Proposed Unutilized Commercial Property Tax Structure Each Vacant Building/Vacant Lease Space/Vacant Lot Pays Both Below Base UCPT
Addresses the Code Enforcement and Public Safety costs to the City and loss of Business License Tax
• Estimated Law Enforcement Costs per Vacancy - $4,071 • Estimated Business License Tax Cost per Vacancy - $199 • TOTAL BASE UCPT - $4,270
Per Square Foot UCPT
Based on the square footage of the vacant building space or vacant lot • Includes a Property Tax Component based on an increase of 75% of the assessed value of the improvements of the vacant buildings identified in staff's survey - $1,094 • Sales Tax Component increases as the square footage increases (see sample Tax Table)
iseliOotveA,
Economic Development
Sample Unutilized Commercial Property Tax (UCPT)
Per Sq. Ft. UCPT
Property Property Type Property/Space Size Base UCPT ($1,094 + $3.38 PSF) Total UCPT Property 1 Space in Strip Mall 750 square feet $4,270 $5,0001 $9,270 Property 2 Stand-Alone Building 3,400 square feet $4,270 $12,586 $16,856 Property 3 Vacant Parcel 12,000 square feet $4,270 $41,654 $45,924 Property 4 Vacant Parcel 65,000 square feet $4,270 $50,0002 $54,270 1 Minimum Per Square Foot Tax is $5,00(
2 Capped Per Square Foot Tax at $50,000
iSeNeoweA,
Economic Development
Implementation
1. Staff does a vacant/unutilized commercial property inventory every year prior to posting/levying the tax and could also attempt to collect vacancy information via other existing mechanisms such as the Planning, Building and Business License processes.
Notices to property owners sent out if tax is passed by voters and the ordinance formulated and approved by City Council.
2. Collection
a. Is the tax made part of the property tax assessment? (better, more reliable collection, set timing each year)
b. Is the tax made part of the annual business license tax (more problematic collection, varied timing of bills)
c. Set timing each year
3. Exemption — See next slide forproposed , CPT exemption 13 p �J p W 01,
Economic Development
Potential Unutilized Commercial Property Tax Waiver
Where the real property owner obtained a valid building permit and is constructing improvements in substantial compliance with the building permit not to exceed two years. Failure to complete work authorized by the validly issued building permit will void the exemption and require payment of taxes required by this chapter between the date a building permit is issued and it expires.
Any other appeals/waiver requests of this tax are to be heard by the City Council. 6ee ,W
Economic Development
Discussion
Unutilized Commercial Property Tax
19 13 4 go tv Ot.
Economic Development
4 _A
CHARTER FOR THE this Charter, and as established by the Constitutional, statutory and judicially
CITY OF defined law of the State of California, is BELLFLOWER declared to be a municipal affair or concern, the performance of which is
unique to the benefit of the residents of
the City of Bellflower. Enumeration by
I. Preamble this Charter of any particular power does not constitute a limitation upon the City's
We, the People of the City of Bellflower, general grant of powers under applicable do not yield our sovereignty to public law.
officials who serve them. The need for
the People's consent to be governed is Ill. General Laws; City Council inherent within our democracy. It is only Authority.
the People in the City of Bellflower who
can determine the course of the City's A. General Laws. In addition to the destiny and vigilantly exercise all powers powers granted by this Charter and the not specifically granted to the City by this California Constitution, the City has the Charter. In adopting this Charter, power and authority to adopt, make, therefore, the People delegate authority exercise and enforce all legislation, laws for governance to locally elected and and regulations and to take all actions appointed officials who must faithfully and to exercise any and all rights, serve the residents of the City of powers, and privileges heretofore or Bellflower. By doing so, the People hereafter established, granted or assert their desire for local control over prescribed by any law of the State of the City's municipal affairs; their freedom California or by any other lawful authority. to decide their own destiny; and their In the event of any conflict between the rejection of efforts by agencies outside of provisions of this Charter and the the City's jurisdiction seeking to impose provisions of the general laws of the policies upon the City's residents without State of California, the provisions of this their approval. Charter control.
II. Municipal Affairs; Generally. B. Enactment of Laws; Exercise of Authority. Elected and appointed officials
The City of Bellflower has the power to who exercise the powers granted by this make and enforce all laws respecting its Charter are prohibited from favoring or municipal affairs as described by this unlawfully discriminating against persons Charter and established by the California based upon a legally protected Constitution, California statute, or classification; socio-economic status; or judicially defined laws. This power is cultural heritage. When enacting laws limited only as set forth in this Charter pursuant to this Charter, the City Council and the California Constitution. Such must include a finding that such laws will powers are in addition to those granted not unduly burden a person's ability to or prescribed by any applicable law for pursue economic opportunities and safe municipal corporations within the state of and legal residential housing.
California. Each of the responsibilities of
governance set forth and described in
C. Land Use. Except as otherwise Charter becomes effective must be made provided by City Council ordinance, the by ordinance adopted by a four-fifths vote City is governed by California law as it of all members of the City Council. applies to general law cities with respect
to the application, interpretation and E. Emergency Services enforcement of land use matters Coordination. The City Council will including, without limitation, the review the City's local emergency requirement of consistency between the preparedness plan on a regular basis in General Plan and zoning regulations. accordance with California law.
IV. Governance; Elections. F. Reconsideration. Beginning in the year 2021, when decennial census data
A. City Council. The City Council is gathered pursuant to Article 1, Section 2 comprised of five persons elected in of the United State Constitution becomes accordance with this Charter and available, the City Council may hold a applicable law. Except as otherwise public hearing to determine whether to provided by applicable law, persons change the manner of district voting in currently holding office, and within six accordance with IV(D) of this Charter and months after holding office, are ineligible then applicable law. to hold any other office or employment
with the City. Except as otherwise V. Revenue. provided by this Charter or the California
Constitution, the City Council is vested The City Council is authorized to, by with all powers of the City. ordinance or resolution, establish standards, procedures, rules or
B. City Council Compensation. The regulations to identify, solicit, receive, or City Council is prohibited from adopting generate revenue for the public benefit of regulations that would result in any kind. In doing so, the City Council is compensating elected officials in an specifically (but without limitation) amount greater than allowed by authorized to undertake the following California law regulating general law actions:
cities. Nothing in this Charter requires the
City Council to receive any A. Public Financing. The City, by compensation; the City Council may, by ordinance, may establish standards, resolution, opt to forego compensation of procedures, rules or regulations related any kind. to any public financing.
C. Officers. The City's officers are the B. Franchises. The City, by five members of the City Council, the City ordinance, may acquire, develop, or Manager, the City Attorney, and the City operate any public utility. It may also, by Clerk. The City Council will appoint the ordinance, grant franchises to a public City Manager, City Attorney, and City utility that proposes to use or is using Clerk. public streets, highways or other rights- of-way.
D. Districts. Any change to district
elections as it exists at the time this
C. Enterprises. The City may own public works contract, including, without and operate any enterprise the City limitation, the compensation rates to be Council finds necessary to benefit the paid for the performance of such work. In public welfare. doing so, the City Council should utilize best practices, avoid discrimination,
D. Fiscal Responsibility and Stability. encourage diversity, and may The City must maintain sustainable incorporate the following concepts:
public finances; ensure City policies aids
economic growth; and invest appropriate A. Projects must be competitively levels of public resources to support bid. Contracts should be awarded to the infrastructure, recreation, and public lowest responsible bidder as defined in safety. While doing so, the City Council this Charter or the City should reject all must ensure that it holds at least 20% of bids. The lowest responsible bidder may the City's general fund revenue in be selected on the basis of the best value reserves. Upon declaring a fiscal to the City. emergency by 4/5 vote, the City Council
may reduce this percentage to a level B. "Best value" means a that is reasonable under the procurement process whereby the lowest circumstances of the fiscal emergency. responsible bidder may be selected on the basis of objective criteria for
VI. Intergovernmental Immunity. evaluating the qualifications of bidders with the resulting selection representing
A. City Revenues. All revenues the best combination of price and generated or collected by the City for any qualifications. public purpose cannot be involuntarily
retained, attached, withdrawn or C. Wages. The City Council may otherwise taken by any other establish criteria to determine whether a governmental entity including, without project qualifies for payment of a limitation, the state of California or any of minimum wage different than that its subdivisions. ordinarily prevailing for work performed on public works projects as defined by
B. Uncompensated Mandates. California law. In lieu of paying a Elected or appointed person acting on minimum prevailing wage generally the City's behalf cannot be compelled to required by California law for public perform services by any other works projects, the City Council may governmental entity including, without enter into a "project labor agreement" limitation, the state of California or any of that establishes terms and conditions of its subdivisions, without adequate employment for a specific construction compensation. project or projects and is an agreement described in 29 United States Code §
VII. Public Works Projects. 158(f). Notwithstanding any other part of this Section, the City Council must pay
The City Council may, by ordinance, prevailing wage for public projects establish standards, procedures, rules or erecting, improving, painting, or repairing regulations to regulate all aspects of the public buildings and projects. bidding, award and performance of any
VIII. Interpretation; City Council before, or preclude prosecution and Authority; Continuity of Existing imposition of penalties for any violation Laws. occurring before this Charter's effective date.
A. Construction and Interpretation.
This Charter must be broadly construed E. Severability. If any part of this in order to achieve its purposes. It is the Charter or its application is deemed intent of the voters that the provisions of invalid by a court of competent this Charter be interpreted and jurisdiction, the People intend that such implemented by the City in a manner that invalidity will not affect the effectiveness liberally facilitates the City's exercise of of the remaining provisions or powers regarding any matter that applications and, to this end, the constitutes a municipal affair. provisions of this Charter are severable.
B. The People acknowledge that F. Invalidity. If any portion of this new information and future events may Charter is held by a court of competent demonstrate that interpretation of this jurisdiction to be invalid, we the People Charter is appropriate with respect to the indicate our strong desire that: (i) the City details of implementing this Charter. The Council use its best efforts to sustain and People desire, therefore, to retain a reenact that portion, and (ii) the City certain degree of flexibility with respect to Council implement this Charter by taking the details of implementing those items all steps possible to cure any addressed in general terms in this inadequacies or deficiencies identified by Charter. If and when, from time to time, the court in a manner consistent with the the City Council finds that interpretation express and implied intent of this of this Charter is necessary, then such Charter, and then adopting or reenacting interpretation may be accomplished by such portion as necessary or desirable to written resolution adopted upon four- implement this Charter. fifths vote of all members of City Council.
G. Amendment. Any amendment to
C. City Council Authority. Except for this Charter must be accomplished by amendments that would frustrate the then existing California law and with a powers and authority set forth in this majority of voter approval.
Charter, the City Council may exercise all
applicable powers set forth in the
California Government Code including,
without limitation, implementing all
aspects of this Charter by ordinance or
resolution.
D. Continuity. Nothing in this Charter
is intended to, nor does it, repeal any
provision of the Bellflower Municipal
Code as it existed on the effective date of
this Charter. Nor does the Charter affect
any penalty, forfeiture, or liability incurred
CHARTER FOR THE
CITY OF
BELLFLOWER
I. Preamble
We, the People of the City of Bellflower,
do not yield our sovereignty to public
officials who serve them. The need for
the People’s consent to be governed is
inherent within our democracy. It is only
the People in the City of Bellflower who
can determine the course of the City’s
destiny and vigilantly exercise all powers
not specifically granted to the City by this
Charter. In adopting this Charter,
therefore, the People delegate authority
for governance to locally elected and
appointed officials who must faithfully
serve the residents of the City of
Bellflower. By doing so, the People
assert their desire for local control over
the City’s municipal affairs; their freedom
to decide their own destiny; and their
rejection of efforts by agencies outside of
the City’s jurisdiction seeking to impose
policies upon the City’s residents without
their approval.
II. Municipal Affairs; Generally.
The City of Bellflower has the power to
make and enforce all laws respecting its
municipal affairs as described by this
Charter and established by the California
Constitution, California statute, or
judicially defined laws. This power is
limited only as set forth in this Charter
and the California Constitution. Such
powers are in addition to those granted
or prescribed by any applicable law for
municipal corporations within the state of
California. Each of the responsibilities of
governance set forth and described in
this Charter, and as established by the
Constitutional, statutory and judicially
defined law of the State of California, is
declared to be a municipal affair or
concern, the performance of which is
unique to the benefit of the residents of
the City of Bellflower. Enumeration by
this Charter of any particular power does
not constitute a limitation upon the City’s
general grant of powers under applicable
law.
III. General Laws; City Council
Authority.
A. General Laws. In addition to the
powers granted by this Charter and the
California Constitution, the City has the
power and authority to adopt, make,
exercise and enforce all legislation, laws
and regulations and to take all actions
and to exercise any and all rights,
powers, and privileges heretofore or
hereafter established, granted or
prescribed by any law of the State of
California or by any other lawful authority.
In the event of any conflict between the
provisions of this Charter and the
provisions of the general laws of the
State of California, the provisions of this
Charter control.
B. Enactment of Laws; Exercise of
Authority. Elected and appointed officials
who exercise the powers granted by this
Charter are prohibited from favoring or
unlawfully discriminating against persons
based upon a legally protected
classification; socio-economic status; or
cultural heritage. When enacting laws
pursuant to this Charter, the City Council
must include a finding that such laws will
not unduly burden a person’s ability to
pursue economic opportunities and safe
and legal residential housing.
C. Land Use. Except as otherwise
provided by City Council ordinance, the
City is governed by California law as it
applies to general law cities with respect
to the application, interpretation and
enforcement of land use matters
including, without limitation, the
requirement of consistency between the
General Plan and zoning regulations.
IV. Governance; Elections.
A. City Council. The City Council is
comprised of five persons elected in
accordance with this Charter and
applicable law. Except as otherwise
provided by applicable law, persons
currently holding office, and within six
months after holding office, are ineligible
to hold any other office or employment
with the City. Except as otherwise
provided by this Charter or the California
Constitution, the City Council is vested
with all powers of the City.
B. City Council Compensation. The
City Council is prohibited from adopting
regulations that would result in
compensating elected officials in an
amount greater than allowed by
California law regulating general law
cities. Nothing in this Charter requires the
City Council to receive any
compensation; the City Council may, by
resolution, opt to forego compensation of
any kind.
C. Officers. The City’s officers are the
five members of the City Council, the City
Manager, the City Attorney, and the City
Clerk. The City Council will appoint the
City Manager, City Attorney, and City
Clerk.
D. Districts. Any change to district
elections as it exists at the time this
Charter becomes effective must be made
by ordinance adopted by a four-fifths vote
of all members of the City Council.
E. Emergency Services
Coordination. The City Council will
review the City’s local emergency
preparedness plan on a regular basis in
accordance with California law.
F. Reconsideration. Beginning in the
year 2021, when decennial census data
gathered pursuant to Article 1, Section 2
of the United State Constitution becomes
available, the City Council may hold a
public hearing to determine whether to
change the manner of district voting in
accordance with IV(D) of this Charter and
then applicable law.
V. Revenue.
The City Council is authorized to, by
ordinance or resolution, establish
standards, procedures, rules or
regulations to identify, solicit, receive, or
generate revenue for the public benefit of
any kind. In doing so, the City Council is
specifically (but without limitation)
authorized to undertake the following
actions:
A. Public Financing. The City, by
ordinance, may establish standards,
procedures, rules or regulations related
to any public financing.
B. Franchises. The City, by
ordinance, may acquire, develop, or
operate any public utility. It may also, by
ordinance, grant franchises to a public
utility that proposes to use or is using
public streets, highways or other rights-
of-way.
C. Enterprises. The City may own
and operate any enterprise the City
Council finds necessary to benefit the
public welfare.
D. Fiscal Responsibility and Stability.
The City must maintain sustainable
public finances; ensure City policies aids
economic growth; and invest appropriate
levels of public resources to support
infrastructure, recreation, and public
safety. While doing so, the City Council
must ensure that it holds at least 20% of
the City’s general fund revenue in
reserves. Upon declaring a fiscal
emergency by 4/5 vote, the City Council
may reduce this percentage to a level
that is reasonable under the
circumstances of the fiscal emergency.
VI. Intergovernmental Immunity.
A. City Revenues. All revenues
generated or collected by the City for any
public purpose cannot be involuntarily
retained, attached, withdrawn or
otherwise taken by any other
governmental entity including, without
limitation, the state of California or any of
its subdivisions.
B. Uncompensated Mandates.
Elected or appointed person acting on
the City’s behalf cannot be compelled to
perform services by any other
governmental entity including, without
limitation, the state of California or any of
its subdivisions, without adequate
compensation.
VII. Public Works Projects.
The City Council may, by ordinance,
establish standards, procedures, rules or
regulations to regulate all aspects of the
bidding, award and performance of any
public works contract, including, without
limitation, the compensation rates to be
paid for the performance of such work. In
doing so, the City Council should utilize
best practices, avoid discrimination,
encourage diversity, and may
incorporate the following concepts:
A. Projects must be competitively
bid. Contracts should be awarded to the
lowest responsible bidder as defined in
this Charter or the City should reject all
bids. The lowest responsible bidder may
be selected on the basis of the best value
to the City.
B. “Best value” means a
procurement process whereby the lowest
responsible bidder may be selected on
the basis of objective criteria for
evaluating the qualifications of bidders
with the resulting selection representing
the best combination of price and
qualifications.
C. Minimum Wages. The City
Council may establish criteria to
determine whether a project qualifies for
payment of a minimum wage less
different than that ordinarily prevailing for
work performed on public works projects
as defined by California law. In lieu of
paying a minimum prevailing wage
generally required by California law for
public works projects, the City Council
may enter into a “project labor
agreement” that establishes terms and
conditions of employment for a specific
construction project or projects and is an
agreement described in 29 United States
Code § 158(f). Notwithstanding any other
part of this Section, the City Council must
pay prevailing wage for public projects
erecting, improving, painting, or repairing
public buildings and projects.
VIII. Interpretation; City Council
Authority; Continuity of Existing
Laws.
A. Construction and Interpretation.
This Charter must be broadly construed
in order to achieve its purposes. It is the
intent of the voters that the provisions of
this Charter be interpreted and
implemented by the City in a manner that
liberally facilitates the City’s exercise of
powers regarding any matter that
constitutes a municipal affair.
B. The People acknowledge that
new information and future events may
demonstrate that interpretation of this
Charter is appropriate with respect to the
details of implementing this Charter. The
People desire, therefore, to retain a
certain degree of flexibility with respect to
the details of implementing those items
addressed in general terms in this
Charter. If and when, from time to time,
the City Council finds that interpretation
of this Charter is necessary, then such
interpretation may be accomplished by
written resolution adopted upon four-
fifths vote of all members of City Council.
C. City Council Authority. Except for
amendments that would frustrate the
powers and authority set forth in this
Charter, the City Council may exercise all
applicable powers set forth in the
California Government Code including,
without limitation, implementing all
aspects of this Charter by ordinance or
resolution.
D. Continuity. Nothing in this Charter
is intended to, nor does it, repeal any
provision of the Bellflower Municipal
Code as it existed on the effective date of
this Charter. Nor does the Charter affect
any penalty, forfeiture, or liability incurred
before, or preclude prosecution and
imposition of penalties for any violation
occurring before this Charter’s effective
date.
E. Severability. If any part of this
Charter or its application is deemed
invalid by a court of competent
jurisdiction, the People intend that such
invalidity will not affect the effectiveness
of the remaining provisions or
applications and, to this end, the
provisions of this Charter are severable.
F. Invalidity. If any portion of this
Charter is held by a court of competent
jurisdiction to be invalid, we the People
indicate our strong desire that: (i) the City
Council use its best efforts to sustain and
reenact that portion, and (ii) the City
Council implement this Charter by taking
all steps possible to cure any
inadequacies or deficiencies identified by
the court in a manner consistent with the
express and implied intent of this
Charter, and then adopting or reenacting
such portion as necessary or desirable to
implement this Charter.
G. Amendment. Any amendment to
this Charter must be accomplished by
then existing California law and with a
majority of voter approval.