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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 III. 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