Cities Index.
ITEM 13-B

Bellflower City Council
July 11, 2022

Document
ITEM 13-B
Meeting
July 11, 2022
Body
Bellflower City Council
Pages
4
Original file
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Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.
Page 1 of 4 ends

13-B
TO: Honorable Mayor and Members of the City Council

FROM: Jeffrey L. Stewart, City Manager

SUBJECT: Consideration and possible action to consider placing a ballot measure for consideration by the voters on the November 8, 2022 General Election ballot by adopting the following Resolutions:

Resolution No. 22-39 – A Resolution adding a proposition to the ballot for the previously called November 8, 2022, General Municipal Election pursuant to Elections Code § 9222; and

Resolution No. 22-40 – A Resolution requesting the Board of Supervisors of the County of Los Angeles to add a measure contest to the previously consolidated General Municipal Election to be held on November 8, 2022, with the General Election to be held on that date pursuant to Elections Code § 10403; and

Resolution No. 22-41 – A Resolution directing the City Attorney to prepare an impartial analysis of the proposition seeking voter approval for a City Charter; and

Resolution No. 22-42 – A Resolution establishing requirements for ballot arguments filed with the City Clerk to be included with voter information for the General Municipal Election on November 8, 2022.

DATE: July 11, 2022

EXECUTIVE SUMMARY

At the May 23, 2022 Special City Council Meeting, the City Council requested that Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) conduct a voter survey relative to a potential City Charter ballot measure. FM3 has conducted the voter survey and will present the survey results to the City Council at the July 11, 2022, Regular City Council meeting. The results will be presented by FM3 Consultant Richard Bernard.

If the City Council chooses to have the City Charter added as a ballot measure for the November 8, 2022 General Election, it would take the actions recommended in this Staff Report.

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Staff Report – Potential City Charter Ballot Measure
July 11, 2022

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RECOMMENDATION TO CITY COUNCIL

1. Adopt Resolution Nos. 22-39 through 22-42;

2. Approve a budget amendment to appropriate $190,000 in Account No. 010-43602- 1210.

3. If desirable, designate one or more Council Members to draft an argument in favor of the ballot proposition; or

4. Alternatively, discuss and take other action related to this item.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

These actions are exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because they do not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitute an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, the Proposition does not constitute a “project” that requires environmental review (see specifically 14 Cal. Code of Regs. § 15378(b)(4-5)).

FISCAL IMPACT

The estimated cost charged by the County of Los Angeles to add the ballot measure to the November 8, 2022 ballot is $165,503.07 . The cost includes a city-wide reach of voters.

A ballot measure will also require more printed materials in the Official Sample Ballot, which may increase the cost. A budget amendment is proposed to provide totaling funding of $190,000.

If the City Charter is approved by Bellflower voters, there could be potential savings for non-traditional infrastructure projects (e.g., Bellflower Business Assistance Plan projects).

DISCUSSION

A “City Charter” is a document that defines the city’s powers, functions and essential procedures of a city government. It is comparable to the Constitution of the United States or a state’s constitution. Being a charter city allows a city to exercise full authority over the municipal affairs of the City. As a general law City, the City must usually comply with all California laws regardless of the City’s local needs or goals.

Becoming a charter city would give the City – and City Council – greater local authority over Bellflower’s municipal affairs. This proposed ballot measure would establish Bellflower as a charter city to provide more local control in determining land use and contracts with vendors.

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Staff Report – Potential City Charter Ballot Measure
July 11, 2022

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DISCUSSION – Continued

About one-quarter of California cities are charter cities, including Downey, Cerritos, Long Beach, Whittier, and Signal Hill.

The measure does not give the City Council additional powers to raise taxes. Any tax measures must conform with the California Constitution and will still need voter approval.

The City would have increased protection against unwanted state laws that are not in the best interests of the City.

Becoming a charter city could potentially reduce the City’s costs and improve efficiency for infrastructure contracts related to Bellflower’s Business Assistance P lan, neighborhood revitalization, and creating housing for working- and middle-class individuals and families. This could save the City substantial amounts of taxpayer dollars each year—funds that could be used for other vital city services.

BACKGROUND

In February 2019, the City Council formed a community subcommittee comprised of two Council Members and seven citizens to consider drafting a charter for the City of Bellflower. The underlying basis for this action was the California Legislature’s ongoing efforts to limit local control over traditional City functions. After conducting four meetings, the Subcommittee provided charter language recommendations to the City Council in October 2019. The October 28, 2019, Special City Council Meeting Staff Report on the Subcommittee’s recommendations is attached for reference. At the October 2019 Special City Council Meeting, the City Council requested minor amendments to the City Charter, which were incorporated into the Charter document. Ultimately, it was decided by the City Council in June 2020 to place the City Charter on hold.

In May 2022, there were two special City Council meetings regarding potential ballot measures for the November 8, 2022 General Election. At the first Special Meeting on May 3, 2022, the current draft of the Bellflower City Charter was provided to the City Council for consideration as a potential ballot measure. At this meeting, the City Attorney noted that an amendment to Section 7.C was made to the Charter which clarifies that the City would adhere to the established prevailing wage as opposed to implementing its own maintenance related types of wages for “public projects erecting, improving, painting, or repairing public buildings and projects.” Following discussion, it was the consensus of the City Council to accept the revised City Charter presented in the agenda packet and to receive input from Consultant Richard Bernard of Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3). At the May 23, 2022 Special City Council Meeting, the City Council requested that FM3 conduct a voter survey relative to a potential City Charter ballot measure.

FM3 has conducted the voter survey and will present the survey results to the City Council at the July 11, 2022, Regular City Council meeting. The results will be presented by FM3 Consultant Richard Bernard. If the City Council chooses to have the City Charter added as a ballot measure for the November 8, 2022 General Election, it would take the actions recommended in this Staff Report.
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Staff Report – Potential City Charter Ballot Measure
July 11, 2022

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ATTACHMENTS

A. Resolution No. 22-39 (adding ballot measure) ............................................................ 5 Exhibit A – Bellflower City Charter ............................................................................. 7 B. Resolution No. 22-40 (requesting consolidation) ...................................................... 11 C. Resolution No. 22-41 (impartial analysis) ................................................................. 19 D. Resolution No. 22-42 (requirements for ballot arguments) ....................................... 21 E. October 28, 2019 Staff Report ................................................................................. 23

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CITY OF BELLFLOWER

RESOLUTION NO. 22-39

A RESOLUTION ADDING A PROPOSITION TO THE BALLOT FOR THE PREVIOUSLY CALLED NOVEMBER 8, 2022, GENERAL MUNICIPAL
ELECTION PURSUANT TO ELECTIONS CODE § 9222

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. Pursuant to Elections Code § 9222, the City Council places a proposition on the ballot for the General Municipal Election scheduled for Tuesday, November 8, 2022, as previously established and implemented by City Council Resolution No. 22-23 adopted on June 13, 2022.

SECTION 2. A copy of the proposition to be considered by the voters is attached as Exhibit “A,” and incorporated by reference.

SECTION 3. Pursuant to Elections Code §§ 9222 and 13119, the exact form of the question to be voted on at the election as it should appear on the ballot is as follows:

Shall the Bellflower City Charter to establish Bellflower as a charter city, which would give Bellflower more authority over city affairs and local laws to make sure they are tailored to the specific needs of the city; give the City more local control in determining land use; reduce the influence of outside agencies, including the State of California; and would require all changes to the charter be approved by voters, be approved?
YES

NO

SECTION 4. The City Clerk must certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.

SECTION 5. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

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City of Bellflower
Resolution No. 22-39

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SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix a signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or his duly appointed deputy, is directed to attest thereto.

SECTION 7. This Resolution will become effective immediately upon adoption .

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 11TH DAY OF JULY, 2022.

Ray Dunton, Mayor
ATTEST:

Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

Attachment:

Exhibit A – Full Text of the Ballot Measure

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Page 1 of 4 ends

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.

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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.

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Page 3 of 4 ends

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. Wages. The City Council may
establish criteria to determine whether a
project qualifies for payment of a
minimum wage 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.

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Page 4 of 4 ends

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.
-10-

CITY OF BELLFLOWER

RESOLUTION NO. 22-40

A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF LOS ANGELES TO ADD A MEASURE CONTEST TO

THE PREVIOUSLY CONSOLIDATED GENERAL MUNICIPAL ELECTION
TO BE HELD ON NOVEMBER 8, 2022, WITH THE GENERAL ELECTION

TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS CODE
§ 10403

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. The City Council finds as follows:

A. The City Council called a General Municipal Election to be held on Tuesday, November 8, 2022, for the purpose of electing three (3) members of the City Council for:

Districts 1, 3 and 5 (General Election; full-term/4 years); and requested consent from the Board of Supervisors of the County of Los Angeles to consolidate such election to be held with the General Election on that same date.

B. The City Council now desires to add a measure contest to the previously called and consolidated General Municipal Election to be held on November 8, 2022.

SECTION 2. Pursuant to the requirements of Elections Code § 10403, the Board of Supervisors of the County of Los Angeles is requested to consent and agree to the consolidation of a measure contest on the ballot for the General Municipal Election consolidated with the General Election on Tuesday, November 8, 2022.

SECTION 3. Pursuant to Elections Code §§ 9222 and 13119, the exact form of the question to be voted on at the election as it should appear on the ballot is as follows:

Shall the Bellflower City Charter to establish Bellflower as a charter city, which would give Bellflower more authority over city affairs and local laws to make sure they are tailored to the specific needs of the city; give the City more local control in determining land use; reduce the influence of outside agencies, including the State of California; and would require all changes to the charter be approved by voters, be approved?
YES

NO

Page 1 of 3 ends

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City of Bellflower
Resolution No. 22-40

Page 2 of 3 ends

SECTION 4. The complete text of the proposed ballot measure to be submitted to the voters is attached as Exhibit A, Full Text of the Ballot Measure.

SECTION 5. The vote requirement for the proposed ballot measure to pass is a majority (50% + 1) of the votes cast.

SECTION 6. The County election department is authorized to canvass the returns of the General Municipal Election. The election will be held in all respects as if there were only one election and only one form of ballot may be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.

SECTION 7. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election.

SECTION 8. The City of Bellflower recognizes that additional costs will be incurred by the County by reason of this consolidat ion and agrees to reimburse the County for any costs.

SECTION 9. The City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors and the County election department of the County of Los Angeles.

SECTION 10. The City Clerk will certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.

SECTION 11. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 12. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.

SECTION 13. This Resolution will become effective immediately upon adoption.

///
///
///

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City of Bellflower
Resolution No. 22-40

Page 3 of 3 ends

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 11TH DAY OF JULY, 2022.

Ray Dunton, Mayor
ATTEST:

Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

Attachment:

Exhibit A – Full Text of the Ballot Measure

-13-

EXHIBIT A

FULL TEXT OF THE BALLOT MEASURE

-14-

Page 1 of 4 ends

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.

-15-

Page 2 of 4 ends

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.

-16-

Page 3 of 4 ends

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. Wages. The City Council may
establish criteria to determine whether a
project qualifies for payment of a
minimum wage 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.

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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.
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CITY OF BELLFLOWER

RESOLUTION NO. 22-41

A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN

IMPARTIAL ANALYSIS OF THE PROPOSITION SEEKING VOTER

APPROVAL FOR A CITY CHARTER

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. Pursuant to Elections Code § 9280, the City Clerk is directed to transmit a copy of the ballot proposition adopted by the City Council on July 11, 2022, to the City Attorney for an impartial analysis.

SECTION 2. Upon receiving the ballot measure, the City Attorney is directed to prepare an impartial analysis of the proposed ballot measure showing its effect, if any, on existing law and the operation of the measure. Such analysis must not be more than 500 words.

SECTION 3. The impartial analysis must include a statement indicating whether the proposed measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City.

SECTION 4. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there must be printed immediately below the impartial analysis, in not less than 10 point bold type, the City Clerk should have the following language printed: “The above statement is an impartial analysis of the proposed ballot measure. If you desire a copy of the legislation affected by this measure, please call the City Clerk’s Office at (562) 804-1424, extension 2220, and a copy will be mailed at no cost to you.”

SECTION 5. The impartial analysis of the proposed ballot measure must be filed by the date set by the City Clerk for the filing of primary arguments.

SECTION 6. Pursuant to 52 U.S.C.A. § 10503, the City Clerk will:

A. Translate the City Attorney’s analysis in accordance with regulations set forth by the Los Angeles County Registrar Recorder's office; and

B. Make copies of the translations of the City Attorney’s analysis publicly available.

SECTION 7. The City Clerk will certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.

SECTION 8. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

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City of Bellflower
Resolution No. 22-41

Page 2 of 2 ends

SECTION 9. The Mayor, or presiding officer, is authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.

SECTION 10. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 11TH DAY OF JULY 2022.

Ray Dunton, Mayor
ATTEST:

Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

____________________________
Karl H. Berger, City Attorney

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CITY OF BELLFLOWER

RESOLUTION NO. 22-42

A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT

ARGUMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH

VOTER INFORMATION FOR THE GENERAL MUNICIPAL ELECTION
ON NOVEMBER 8, 2022

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1. Pursuant to Elections Code § 9281, qualified voters may submit arguments for and against the ballot measures, in addition to rebuttal arguments, for the November 8, 2022, General Municipal Election on forms provided by the City Clerk.

SECTION 2. Arguments filed in accordance with this Resolution must comply with the following requirements in accordance with Elections Code §§ 9282, 9283, 9285, and 9286:

A. Arguments must be in writing and not exceed three hundred (300) words except for rebuttal argument which may not exceed two hundred and fifty (250) words;

B. Arguments may be submitted by the City Council; any Council Member authorized to submit an argument by the City Council; any individual voter eligible to vote on the measures; any bona fide association of citizens; or any combination of voters and associations;

C. Arguments must be accompanied by the printed name and signature or printed names and signatures of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers.

D. If more than five (5) signatures accompany an argument, only the first five will be printed.

E. Arguments for or against the ballot measures must be received in the City Clerk’s Office not later than 14 days after the City Council calls for an election. Rebuttal arguments must be received not later than 10 days after the Arguments submittal deadline.

SECTION 3. The City Clerk will certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.

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City of Bellflower
Resolution No. 22-42

Page 2 of 2 ends

SECTION 4. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 5. The Mayor, or presiding officer, is authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.

SECTION 6. This Resolution will remain effective until superseded by a subsequent resolution.

SECTION 7. This Resolution will become effective immediately upon adoption.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 11TH DAY OF JULY 2022.

________________________________
Ray Dunton, Mayor

ATTEST:

Mayra Ochiqui, City Clerk

APPROVED AS TO FORM:

____________________________
Karl H. Berger, City Attorney

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