14-C
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to approve City Council Appointments/Reappointments to the Parks & Recreation
Commission, Planning Commission, and Public Safety Commission; and ratify Council Member Victor A. Sanchez’ appointment of Chrissy Padilla Birkey to the Planning Commission.
DATE: February 27, 2023
EXECUTIVE SUMMARY
Biennially, following the conduct of a General Municipal Election, members need to be appointed or reappointed to various City Commissions and Committees. There are no Committees appointed by the City Council at this time. Additionally, Planning Commissioner Juan Garza resigned effective December 5, 2022, creating a vacancy on the Commission. Council Member Sanchez appointed Chrissy Padilla Birkey to fill the current vacancy on the Planning Commission.
RECOMMENDATION TO CITY COUNCIL
1) Approve each Council Member’s appointments/reappointments to the Parks & Recreation Commission, Planning Commission, and Public Safety Commission;
2) Ratify Council Member Sanchez’ appointment of Chrissy Padilla Birkey to the Planning Commission to fill the unexpired term ending December 2024; or
3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT: $30,000 maximum per fiscal year.
Planning Commissioners receive a $150 meeting stipend and meet on the 1st and 3rd Mondays of each month; the Public Safety Commissioners receive a $100 meeting stipend and meet on the 3rd Tuesday of each month; and the Parks & Recreation Commissioners receive a $100 meeting stipend and meet on the 2nd Wednesday of each month (Resolution No. 23-05, adopted January 23, 2023). Planning, Public Safety and Parks & Recreation Commissions have five members each.
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Staff Report – City Council Commission/Committee Appointments February 27, 2023
BACKGROUND
Mayor Sonny R. Santa Ines, Mayor Pro Tem Raymond Y. Hamada, and Council Member Ray Dunton each need to appoint/reappoint representatives to serve on all three Commissions. Council Member Dan Koops and Council Member Victor A. Sanchez each need to appoint/reappoint representatives to the Parks and Recreation Commission. All of the Commissioners currently seated will continue to serve until their successors are appointed.
Additionally, an unexpected vacancy occurred on the Planning Commission as a result of Commissioner Garza resigning from the commission effective December 5, 2022.
Pursuant to the provisions of the Maddy Act, the Public Notice of Special Vacancy was posted in the City Hall Lobby, Simms Park, Bellflower Substation, Thompson Park, and the City’s website on December 8, 2022. Council Member Sanchez filled the current vacancy on the Planning Commission, appointing Chrissy Padilla Birkey. Having satisfied the provisions of the Maddy Act, it would be in order for the City Council to ratify this appointment.
The Parks & Recreation Commission was established by Resolution No. 05-19, which provides, in part, that members be appointed by the City Council for a two-year term, concurrent with the term of the appointing Council Member. All of these Commissioners’ terms will expire in December 2022.
Bellflower Municipal Code Chapter 2.32 establishes the Planning Commission and prescribes its membership, duties, responsibilities, and powers. Section 2.32.020 provides that its members will serve a four-year term concurrent with the term of office of the appointing Council Member.
Resolution No. 05-20 established the Public Safety Commission and stipulates that its members will serve a four-year term, concurrent with the appointing Council Member.
Resolution No. 00-64 establishes policy for this Commission.
All City Commissioners are subject to 1) the provisions of the Political Reform Act of 1974, which also requires the filing of a Statement of Economic Interests (Form 700) until they vacate their position and file a Leaving Office Statement (Resolution No. 22-52); and 2) the Code of Conduct for Members of the City’s Legislative Bodies (Resolution No. 21-55), including its conflict of interest, anti-harassment, and mandatory ethics training provisions.
Pursuant to the provisions of the Maddy Act, the Public Notice of scheduled vacancies as well as the Notice of Vacancy on the Planning Commission (appointing Council Member Sanchez) was posted in the City Hall front window and lobby, the City’s website, and the Brakenseik Library on December 8, 2022. (Attachments C and D)
ATTACHMENTS
A. 2023 Local Appointments List .................................................................................... 3 B. 2022 Local Appointments List .................................................................................... 4 C. Maddy Act Public Notice (with attachments) .............................................................. 5 D. Public Notice of Special Vacancy (without attachments).. ....................................... 40 -2-
CITY OF BELLFLOWER – 2023 LOCAL APPOINTMENT LIST (Pursuant to Government Code Section 54972) * Denotes Chairperson ** Denotes Vice Chairperson Commission Qualifications: U.S. citizen; at least 18 years of age at time of appointment; and Bellflower resident (Planning Commissioners also have to be qualified electors of the City of Bellflower). Other Requirements: All Members of the City’s legislative bodies are subject to 1) the Political Reform Act requiring the filing of a Statement of Economic Interests, Form 700 (pursuant to the City’s Conflict of Interest Code, Resolution No. 22-52); and 2) the City’s Code of Conduct, which includes attending biennial ethics and anti-harassment training (Resolution No. 21-55). For additional information regarding the City’s boards and commissions, visit: https://www.bellflower.org/depts/clerk/boards/default.asp . (Updated 02-21-2023) DUNTON HAMADA KOOPS SANCHEZ SANTA INES PLANNING COMMISSION 4-Year Term/Concurrent with Council Member (Refer to BMC Chapter 2.32). Meets at 7:00 p.m. on the 1st and 3rd Monday of each month ($150 stipend, per Resolution No. 23-05). Robert Wilson Reappointed 02/27/23 Term Expires December 2026 Aaron Drake* Reappointed 02/27/23 Term Expires December 2026 George Franzen Reappointed 01/11/21 Term Expires December 2024 Chrissy Padilla Birkey Appointed 02/27/23 Term Expires December 2024 Bill Mendes** Reappointed 02/27/23 Term Expires December 2026 PUBLIC SAFETY COMMISSION 4-Year Term/Concurrent with Council Member (Refer to Resolutions Nos. 05-20 and 00-64). Meets at 7:00 p.m. on the 3rd Tuesday of each month ($100 stipend, per Resolution No. 23-05). Allan Morse Reappointed 02/27/23 Term Expires December 2026 Larry Myers** Reappointed 02/27/23 Term Expires December 2026 Larry Wehage Reappointed 01/11/21 Term Expires December 2024 Jerry Trautman* Reappointed 01/11/21 Term Expires December 2024 Rocio Jimenez Sanchez Reappointed 02/27/23 Term Expires December 2026 PARKS & RECREATION COMMISSION 2-Year Term to expire concurrently with the reorganization of the City Council after the biennial General Municipal Election (Refer Resolution No. 05-19). Meets at 7:00 p.m. on the 2nd Wednesday of each month ($100 stipend, per Resolution No. 23-05). Mitch Haack Reappointed 02/27/23 Term Expires December 2024 Michele Worley* Reappointed 02/27/23 Term Expires December 2024 Gerrit J. Byma** Reappointed 02/27/23 Term Expires December 2024 Brian Ahumada Reappointed 02/27/23 Term Expires December 2024 Margaret Romero Reappointed 02/27/23 Term Expires December 2024 -3-
CITY OF BELLFLOWER – 2022 LOCAL APPOINTMENT LIST (Pursuant to Government Code Section 54972) * Denotes Chairperson ** Denotes Vice Chairperson Commission Qualifications: U.S. citizen; at least 18 years of age at time of appointment; and Bellflower resident (Planning Commissioners also have to be qualified electors of the City of Bellflower). Other Requirements: All Members of the City’s legislative bodies are subject to 1) the Political Reform Act requiring the filing of a Statement of Economic Interests, Form 700 (pursuant to the City’s Conflict of Interest Code, Resolution No. 20-61); and 2) the City’s Code of Conduct, which includes attending biennial ethics and anti-harassment training (Resolution No. 16-87). For additional information regarding the City’s boards and commissions, visit: https://www.bellflower.org/depts/clerk/boards/default.asp . (Updated 12-08-2022) DUNTON HAMADA KOOPS SANCHEZ SANTA INES PLANNING COMMISSION 4-Year Term/Concurrent with Council Member (Refer to BMC Chapter 2.32). Meets at 7:00 p.m. on the 1st and 3rd Monday of each month ($100 stipend, per Resolution No. 99 98). Robert Wilson Appointed 07/13/20 Term Expires December 2022 Aaron Drake* Reappointed 01/11/21 Term Expires December 2022 George Franzen Reappointed 01/11/21 Term Expires December 2024 VACANCY Term Expires December 2024 Bill Mendes** Appointed 02/11/19 Term Expires December 2022 PUBLIC SAFETY COMMISSION 4-Year Term/Concurrent with Council Member (Refer to Resolutions Nos. 05-20 and 00-64). Meets at 7:00 p.m. on the 3rd Tuesday of each month ($50 stipend, per Resolution No. 99-98). Allan Morse Reappointed 01/14/19 Term Expires December 2022 Larry Myers Appointed 01/11/21 Term Expires December 2022 Larry Wehage* Reappointed 01/11/21 Term Expires December 2024 Jerry Trautman** Reappointed 01/11/21 Term Expires December 2024 Rocio Jimenez Sanchez Reappointed 01/14/19 Term Expires December 2022 PARKS & RECREATION COMMISSION 2-Year Term to expire concurrently with the reorganization of the City Council after the biennial General Municipal Election (Refer Resolution No. 05-19). Meets at 7:00 p.m. on the 2nd Wednesday of each month ($50 stipend, per Resolution No. 99-98). Mitch Haack Reappointed 01/11/21 Term Expires December 2022 Michele Worley** Appointed 01/11/21 Term Expires December 2022 Gerrit J. Byma Reappointed 01/11/21 Term Expires December 2022 Brian Ahumada Appointed 08/08/22 Term Expires December 2022 Margaret Romero* Reappointed 01/11/21 Term Expires December 2022 -4-
PUBLIC NOTICE
LOCAL APPOINTMENTS LIST
(Pursuant to Government Code Sections 54970 – 54974)
On or before December 31 st of each year, the City posts a list of all regular and ongoing Commissions and Committees, which are appointed by the City Council. This listing details all appointive terms, including those which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, and the date the term expires. Bellflower Municipal Code Section excerpts, resolutions adopting the City's Conflict of Interest Code and Code of Conduct, and resolutions prescribing the membership, duties, and responsibilities of each respective Commission and Committee are attached and also available on the City’s website at:
https://www.bellflower.org/government/boards_committees___commissions/i ndex.php.
If an unscheduled vacancy should occur, a Special Vacancy Notice will be posted at the City Hall Lobby and the Brakensiek Library not earlier than 20 days before the vacancy or not later than 20 days after the vacancy. Appointment to that vacancy will not be made for at least 10 working days after the posting of the Special Vacancy Notice; if the City Council finds that an emergency exists, the City Council may fill the vacancy until the final appointment is made.
Mayra Ochiqui, City Clerk
Date Posted: December 8, 2022
Attachments:
2022 Local Appointments List
Bellflower Municipal Code Chapter 2.32 (Planning Commission) Resolution No. 05-19 (Parks & Recreation Commission)
Resolution No. 05-20 (Public Safety Commission)
Resolution No. 20-61 (Conflict of Interest Code)
Resolution No. 21-55 (Code of Conduct)
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CITY OF BELLFLOWER – 2022 LOCAL APPOINTMENT LIST (Pursuant to Government Code Section 54972) * Denotes Chairperson ** Denotes Vice Chairperson Commission Qualifications: U.S. citizen; at least 18 years of age at time of appointment; and Bellflower resident (Planning Commissioners also have to be qualified electors of the City of Bellflower). Other Requirements: All Members of the City’s legislative bodies are subject to 1) the Political Reform Act requiring the filing of a Statement of Economic Interests, Form 700 (pursuant to the City’s Conflict of Interest Code, Resolution No. 20-61); and 2) the City’s Code of Conduct, which includes attending biennial ethics and anti-harassment training (Resolution No. 16-87). For additional information regarding the City’s boards and commissions, visit: https://www.bellflower.org/depts/clerk/boards/default.asp . (Updated 12-08-2022) DUNTON HAMADA KOOPS SANCHEZ SANTA INES PLANNING COMMISSION 4-Year Term/Concurrent with Council Member (Refer to BMC Chapter 2.32). Meets at 7:00 p.m. on the 1st and 3rd Monday of each month ($100 stipend, per Resolution No. 99 98). Robert Wilson Appointed 07/13/20 Term Expires December 2022 Aaron Drake* Reappointed 01/11/21 Term Expires December 2022 George Franzen Reappointed 01/11/21 Term Expires December 2024 VACANCY Term Expires December 2024 Bill Mendes** Appointed 02/11/19 Term Expires December 2022 PUBLIC SAFETY COMMISSION 4-Year Term/Concurrent with Council Member (Refer to Resolutions Nos. 05-20 and 00-64). Meets at 7:00 p.m. on the 3rd Tuesday of each month ($50 stipend, per Resolution No. 99-98). Allan Morse Reappointed 01/14/19 Term Expires December 2022 Larry Myers Appointed 01/11/21 Term Expires December 2022 Larry Wehage* Reappointed 01/11/21 Term Expires December 2024 Jerry Trautman** Reappointed 01/11/21 Term Expires December 2024 Rocio Jimenez Sanchez Reappointed 01/14/19 Term Expires December 2022 PARKS & RECREATION COMMISSION 2-Year Term to expire concurrently with the reorganization of the City Council after the biennial General Municipal Election (Refer Resolution No. 05-19). Meets at 7:00 p.m. on the 2nd Wednesday of each month ($50 stipend, per Resolution No. 99-98). Mitch Haack Reappointed 01/11/21 Term Expires December 2022 Michele Worley** Appointed 01/11/21 Term Expires December 2022 Gerrit J. Byma Reappointed 01/11/21 Term Expires December 2022 Brian Ahumada Appointed 08/08/22 Term Expires December 2022 Margaret Romero* Reappointed 01/11/21 Term Expires December 2022 -6-
12/6/22, 3:27 PM Chapter 2.32 PLANNING COMMISSION
https://library.qcode.us/lib/bellflower_ca/pub/municipal_code/item/title_2-chapter_2_32?view=all#title_2-chapter_2_32-article_i 1/2 Article I. In General
2.32.010 Created.
The Bellflower Planning Commission was created by resolution in 1957, which resolution was amended from time to time. This chapter, as provided by Section 65100 of the Government Code of California, ratifies the existence of and the actions heretofore undertaken by the Planning Commission and further establishes said Commission is the Planning Agency of the City of Bellflower. (Prior code § 21-2.1)
2.32.020 Composition—Qualifications, Appointment and Term of Office of Members—Filling Vacancies in Office.
A. The Bellflower Planning Commission shall consist of five (5) members, who shall be qualified electors of the City, none of whom shall hold any paid office or employment in the Bellflower City government.
B. Members of the Bellflower Planning Commission shall be appointed by the members of the City Council; each City Council member having the opportunity to make one appointment. If a member of the City Council declines to make an appointment, the Mayor shall make such appointment in addition to his/her own. All Planning commission members shall serve at the will and pleasure of the City Council.
C. Each member of the Bellflower Planning Commission shall serve for a term of four (4) years, such term to be concurrent with the term of office of the appointing Council member, pursuant to Subsection (B) of this section.
D. Vacancies to the Bellflower Planning Commission shall be filled by appointment by the member of the Council whose appointment has vacated his/her Commission position. If a member of the City Council fails to make an appointment to fill a vacancy, the Mayor shall make such appointment with the approval of the City Council. Persons appointed to fill a vacancy shall serve only for the unexpired term of the members whose vacancy they fill. (Prior code § 21-2.2)
2.32.030 Removal of Members—Attendance at Meetings.
Any member of the Planning Commission shall be subject to removal by motion of the City Council adopted by at least three (3) affirmative votes. The office of any member of the Planning Commission shall be vacated if the member absents himself/herself from three (3) consecutive regular meetings of the Commission or four (4) meetings in any twelve (12) month period, or if he or she is convicted of a crime involving moral turpitude or ceases to be an elector of the City. The office of any member shall be vacated if said member is no longer a permanent resident of the City. (Prior code § 21-2.3)
2.32.040 Conduct of Meetings.
The Commission shall observe the following rules in the conduct of its meeting and business:
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12/6/22, 3:27 PM Chapter 2.32 PLANNING COMMISSION
https://library.qcode.us/lib/bellflower_ca/pub/municipal_code/item/title_2-chapter_2_32?view=all#title_2-chapter_2_32-article_i 2/2 B. All regular meetings shall be open to the public.
C. Rules for transaction of business shall be adopted by the Commission and followed.
D. A public record (minutes) shall be prepared indicating all resolutions, findings, and determinations of the Commission.
E. A written agenda shall be prepared and circulated to Commission members in advance of all regular meetings. (Prior code § 21-2.4)
2.32.050 Powers and Duties Generally.
The City Council delegates the following duties, responsibilities, authority and limitations:
A. The Planning Commission’s responsibilities and authority are those set forth in applicable law as to the Planning Agency for the City of Bellflower, except as may be authorized by and set forth in specific City ordinances.
B. The Commission must receive and expeditiously act on all special project assignments made by the City Council and submit reports and recommendations to the City Council on these assignments.
C. The Commission may submit recommended City projects to the City Council for possible assignment by the City Council.
D. The Commission will meet and elect a chairperson and vice chairperson for its members.
E. It is the Commission’s responsibility to be represented at the meetings of the City Council and other commissions when matters of joint concern are to be discussed and to advise chairpersons of other commissions of Planning Commission matters of concern to that commission which are to be discussed by the Planning Commission.
F. Notwithstanding the foregoing, the City Council may opt to act as the City’s Planning Agency, by resolution, including, without limitation, when exercising its authority pursuant to Section 17.04.120 of this Code. (Prior code § 21-2.5; Ord. 1333 § 1, 1/23/17)
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CITY OF BELLFLOWER
RESOLUTION NO. 05 -19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELLFLOWER PROVIDING FOR A PARKS AND RECREATION
COMMISSION, PRESCRIBING ITS MEMBERSHIP, DUTIES,
RESPONSIBILITIES, AND POWERS, AND REPEALING
RESOLUTION NO. 91 -55
WHEREAS, the City's Parks and Recreation Department manages the City's dial -a -ride and fixed route transportation services; and
WHEREAS, the oversight of these transportation services would be consistent with the other duties and responsibilities of the Parks and Recreation Commission.
IT' IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AS FOLLOWS:
SECTION 1. Resolution No. 91 -55 is hereby repealed.
SECTION 2. There is hereby established for the City of Bellflower the Bellflower Parks and Recreation Commission of five (5) members, which Commission shall as a body constitute a subordinate agency of the City of Bellflower.
SECTION 3. Appointments. Members of the Bellflower Parks and Recreation Commission shall be appointed by the members of the City Council; each City Council member having the opportunity to make one appointment. If a member of the City Council declines to make an appointment, the Mayor shall make such appointment in addition to his own. All Parks and Recreation Commission members shall serve at the will and pleasure of the City Council.
SECTION 4. Requirements. All members of the Bellflower Parks and Recreation Commission shall meet the following requirements and conditions:
a. Be a citizen of the United States of America;
b. Be at least 18 years of age at the time of appointment; and c. Be a resident of the City of Bellflower.
SECTION 5. Terms of Office. Each member of the Bellflower Parks and Recreation Commission shall serve for a term of two years, and until their successors are appointed and qualified.
SECTION 6. Vacancy. Vacancies to the Bellflower Parks and Recreation Commission shall be filled by appointment by the member of the City Council whose appointment has vacated his or her Commission position. If a member of the City Council fails to make an appointment within sixty (60) days of a vacancy, the Mayor shall make such appointment with the approval of the City Council. Should the Mayor fail to make such appointment within an additional thirty (30) days, the City Council shall make such appointment by majority vote.
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City of Bellflower
Resolution No. 05 -19
Persons appointed to fill a vacancy shall serve only for the unexpired term of the member whose vacancy they fill.
SECTION 7. Removal from Office. Members of the Bellflower Parks and Recreation Commission shall be removed from office, or their office may be declared vacant, in the following manner and for the following reasons:
a. At the pleasure of, and by majority vote of, the entire City Council; b. If a member shall no longer meet the requirements and conditions as set out in Section 4 of this Resolution, his or her removal shall be automatic and no action by the City Council, or appointing member of the City Council, shall be necessary; c. If a member shall be absent from three (3) consecutive regular meetings of the Bellflower Parks and Recreation Commission, in which event his removal shall be automatic and no action by the City Council shall be necessary; or
d. If a member shall be absent from four (4) regular meetings of the Bellflower Parks and Recreation Commission in any twelve (12) month period, in which event his or her removal shall be automatic and no action by the City Council shall be necessary.
SECTION 8. Meetings. Members of the Bellflower Parks and Recreation Commission shall observe the following rules in the conduct of their meetings and business:
a. The Parks and Recreation Commission shall hold at least one (1) regular meeting each month at a time established by the Commission. Special meetings may be called by the Chairman as deemed necessary in the manner prescribed by law. b. All regular meetings of the Parks and Recreation Commission shall be open to public attendance.
c. Rules for the transaction of business shall be adopted by the Parks and Recreation Commission and followed.
d. A public record (minutes) shall be prepared indicating all resolutions, findings, and determinations of the Parks and Recreation Commission. All Parks and Recreation Commission actions shall be recorded in the minutes.
e. A written agenda shall be prepared and circulated to all members of the Parks and Recreation Commission in advance of all regular meetings.
SECTION 9. Duties, Responsibilities, Authorities, and Limitations. The City Council has established the Parks and Recreation Commission to advise them on certain specific issues relating to City business. Except for such authority as may be subsequently delegated by the City Council by separate Resolution, their role is advisory only. The authority of the Parks and Recreation Commission is collective: no single member has the authority to speak or act for the body or the City. The chairman of the Commission has no additional authority beyond those inherent in their role as presiding officer.
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City of Bellflower
Resolution No. 05 -19
Members of the Bellflower Parks and Recreation Commission shall:
a. Advise and make recommendations to the City Council as to matters relating to the environment, public recreation, public recreational areas and facilities, public transportation, volunteer service and human service programs.
b. Cooperate with other governmental agencies and civic groups in the advancement and development of environmental, recreational, and human service programs. c. Study and make recommendations concerning public transportation as it affects the citizens of the City of Bellflower, relative to Proposition A funding, existing regional services, and local public transportation.
d. Gather and analyze factual information, hold meetings and hearings, and explore possibilities and means by which the City can cooperate with various organizations and public agencies in providing human service programs and solving the problems of our environment. e. Keep, the City Council and the City Administrator informed with respect to matters pertaining to human services and the revitalization of the environment of the City of Bellflower so that this community may be a cleaner, healthier, and more attractive community. f. Recommend policies as to recreation, public transportation, volunteer service and environmental services to the City Council for the Council's consideration. g.. Make periodic inventories of human service programs and recreation and environmental services that exists or may be needed within the City.
h. Worth; in cooperation and harmony with the Department of Parks and Recreation, the School Districts, and all other agencies.
i. Research and obtain all factual information necessary to analyze funding requests made by community organizations, including the Bellflower Chamber of Commerce, and make final allocation decisions. All decisions of the Commission may be appealed to the City Council, and the City Council may, with or without an appeal, sustain, modify, or deny the Commission's funding decisions.
Receive and expeditiously act on all special project assignments pertaining to community organizations made by the City Council and submit reports on these projects.
The Parks and Recreation Commission and its individual members have no power or authority, implied or otherwise, to direct the City Attorney, City Clerk, and the City Administrator or the City staff, or to change, modify, or alter City Council actions or policy decisions.
The Parks and Recreation Commission shall make all reports in the form of a recommendation for City Council consideration.
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City of Bellflower
Resolution No. 05 -19
Duties and responsibilities of the Parks and Recreation Commission maybe modified by the City Council by separate resolution.
SECTION 10. This Resolution shall become effective immediately upon adoption.
Copies of this Resolution shall be provided to each member of the Parks and Recreation Commission.
SECTION 11. The Mayor, or presiding officer, shall 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, shall attest thereto.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 28th
DAY OF MARCH 2005.
ATTEST:
Debra D. Bauchop, City Clerk
Doc 8039
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS
CITY OF BELLFLOWER )
I, Debra D. Bauchop, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 05 -19 was duly passed, approved, and adopted by the City Council of the City of Bellflower at its Regular Meeting of March 28, 2005, by the following vote to wit:
AYES: Council Members — King, Larsen, Pratt, Smith and Mayor Bomgaars Dated: March 29, 2005
Debra D. Bauchop, City Clerk 7
City of Bellflower, California
SEAL)
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CITY OF BELLFLOWER
RESOLUTION NO. 05 -20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELLFLOWER PROVIDING FOR A PUBLIC SAFETY COMMISSION,
PRESCRIBING ITS MEMBERSHIP, DUTIES, RESPONSIBILITIES,
AND POWERS AND REPEALING RESOLUTION NO. 98 -86
WHEREAS, general oversight of the City's dial -a -ride and fixed route transportation services are being transferred to the Parks and Recreation Commission from the Public Safety and Transportation Commission; and
WHEREAS, the name of the Public Safety and Transportation Commission should be changed to reflect this transfer of duties.
IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AS FOLLOWS:
SECTION 1. Resolution No. 98 -86 is hereby repealed.
SECTION 2. There is hereby established for the City of Bellflower, the Bellflower Public Safety Commission of five members, which Commission shall as a body constitute a subordinate agency of the City of Bellflower.
SECTION 3. Appointments. Members of the Bellflower Public Safety Commission shall be appointed by the members of the City Council; each City Council member having the opportunity to make one appointment. If a member of the City Council declines to make an appointment, the Mayor shall make such an appointment in addition to his or her own. All Public Safety Commission members shall serve at the will and pleasure of the City Council.
SECTION 4. Requirements. All members of the Bellflower Public Safety Commission shall meet the following requirements and conditions:
a. Be a citizen of the United States of America;
b. Be at feast 18 years of age at the time of appointment; and c. Be a resident of the City of Bellflower.
SECTION 5. Terms of Office. Each member of the Bellflower Public Safety Commission shall serve for a term of four (4) years, such term to be concurrent with the term of the appointing Council member, and until their successors are appointed and qualified.
SECTION 6. Vacancy. Vacancies to the Bellflower Public Safety Commission shall be filled by appointment by the member of the City Council whose appointment has vacated his or her Commission position. If a member of the City Council fails to make an appointment within sixty 60) days of vacancy, the Mayor shall make such appointment with the approval of the City Council. Should the Mayor fail to make such appointment within an additional thirty (30) days, the City Council shall make such appointment by a majority vote. Persons appointed to fill a vacancy shall serve only for the unexplained term of the member whose vacancy they fill.
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City of Bellflower
Resolution No. 05 -20
SECTION 7. Removal From Office. Members of the Bellflower Public Safety Commission shall be removed from office, or their office may be declared vacant, in the following manner and for the following reasons:
a. At the pleasure of, and by majority vote of, the entire City Council; b. If a member shall no longer meet the requirements and conditions as set out in Section 4 of this resolution, his or her removal shall be automatic and no action by the City Council, or appointing members of the City Council, shall be necessary; c. If a member shall be absent from three (3) consecutive regular meetings of the Bellflower Public Safety Commission, in which event his or her removal shall be automatic and no action by the City Council, shall be necessary;
d. If a members shall be absent from four (4) regular meetings of the Bellflower Public Safety Commission in any twelve (12) month period, in which event his or her removal shall be automatic and no action by the City Council shall be necessary.
SECTION 8. Meetings. Members of the Bellflower Public Safety Commission shall observe the following rules in the conduct of their meetings and business:
a. The Public Safety Commission shall regularly hold one regular meeting each month at a time established by the Commission. Special meetings may be called by the Chairman as deemed necessary in the manner prescribed by law.
b. All regular meetings of the Public Safety Commission shall be open to public attendance. c. Rules for the transaction of business shall be adopted by the Public Safety Commission and followed.
d. A public record (minutes) shall be prepared indicating all resolutions, findings, and determinations of the Public Safety Commission. All Public Safety Commission actions shall be recorded in the minutes.
e. A written agenda shall be prepared and circulated to all members of the Public Safety Commission in advance of all regular meetings.
SECTION 9. Duties, Responsibilities, Authorities, and Limitations. The City Council has established the Public Safety Commission to advise them on certain specific issues relating to City business. Except for such authority as may be subsequently delegated by the City Council by separate Resolution, their role is advisory only. The authority of the Public Safety Commission is collective: no single member has the authority to speak or act for the body or the City. The chairman of the Commission has no additional authority beyond those inherent in their role as presiding officer.
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City of Bellflower
Resolution No. 05 -20
Members of the Public Safety Commission shall study and make recommendations to the City Council on matters pertaining to:
a. Traffic law, rules and regulations, crosswalks, stop signs, traffic control signals and devices, school crossings, school zones, parking zones, and other related traffic and pedestrian issues. b. Public Safety.
The Public Safety Commission and its individual members has no power or authority, implied or otherwise, to direct the actions of the City Attorney, City Clerk, City Administrator, or City staff; or to change, modify, or alter City Council actions or policy decisions.
The Public Safety Commission shall make all reports in the form of recommendations for consideration by the City Council.
Duties and responsibilities of the Public Safety Commission may be modified by the City Council by separate Resolution.
SECTION 10. This Resolution shall become effective immediately upon adoption. Copies of this Resolution shall be provided to each member of the Public Safety Commission.
SECTION 11. The Mayor, or presiding officer, shall 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, shall attest thereto.
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 28th DAY OF MARCH 2005.
i
ATTEST:
Debra D. Bauchop, City Clerk
Sand 'Bo mga , Mayor
Doc 8226
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS
CITY OF BELLFLOWER )
I, Debra D. Bauchop, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 05 -20 was duly passed, approved, and adopted by the City Council of the City of Bellflower at its Regular Meeting of March 28, 2005, by the following vote to wit:
AYES: Council Members — King, Larsen, Pratt, Smith and Mayor Bomgaars Dated: March 29, 2005
Debra D. Bauchop, City Clerk
City of Bellflower, California
SEAL)
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CITY OF BELLFLOWER
RESOLUTION NO. 20-61
A RESOLUTION ADOPTING THE 2020 CONFLICT OF INTEREST
CODE FOR THE CITY OF BELLFLOWER IN ACCORDANCE WITH THE
P OLITICAL REFORM ACT, AND SUPERSEDING
RESOLUTION NO. 18-56
THE CITY COUNCIL RESOLVES AS FOLLOWS•
S ECTION 1. The City Council finds, determine and declare as follows:
A. The Political Reform Act (Government Code §§ 81000, et seq.; the PRA") and regulations adopted pursuant to the PRA (2 Cal. Code of Regs. §§ 18700, et seq.; "FPPC Regs.") require local government to adopt Conflict of Interest Codes ("001").
B The Fair Political Practices Commission promulgated FPPC Regs. 18730, which contains the terms of a standard conflict of interest code that can be incorporated by reference as the City's COI.
C. In July 2020, the City Council directed the City Clerk to review the COI pursuant to the PRA (Government Code § 87306.5) after identifying certain changes.
D The City Clerk finished that review and made recommendations which the City Council incorporated into this Resolution.
E To fulf II its obligations under the PRA and FPPC Regs., the City Council adopts this 2020 Bellflower 001 as set forth in this Resolution.
S ECTION 2. 2020 Bellflower CO/ — Generally. FPPC Regs. § 18730 is adopted by reference as the City of Bellflower's 2020 001 Except as modified in this Resolut on, all requirements of FPPC Regs. § 18730 apply as if fully set forth in this Resolution.
A. The term "investment" applies to financial interests in non-profit organizations as well as business entities;
B The term "Appendix" refers to Section 3 of this Resolution.
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City of Bellflower
Resolution No. 20-61
S ECTION 3. Designated Officials, Employees and Consultants. For purposes of FPPC Regs. § 18730, designated employees and consultants are set forth below:
A. Designated Officials and Employees:
The positions listed below are designated positions. Officers and employees holding those positions are designated employees and are deemed to make or participate in making decisions which may foreseeably have a material effect on a financial interest Disclosure includes specific types of investments business positions, interests in real property, and sources of income which may foreseeably be materially affected by any decision made or participated in by the designated employee. Such d sclosures must be made at the times and circumstances described by the City's Conflict of Interest Code.
D esignated employees must disclose all interests as required by the Political Reform Act and regulations promulgated thereto. When a new position classification is created by the City Manager for City Council approval, the City Manager's Office will recommend that the City Council decide whether the new position will be required to file a Statement of Economic Interest and be included as a designated position in the Conflict of Interest Code.
When the City Council establishes a Commission, Committee, or Board, the City Council will decide whether the members of the Commission, Committee, or Boards be included as a designated position in the Conflict of Interest Code and the members of the Commission, Committee, or Board so designated by the City Council, will be required to file a Statement of Economic Interest.
CITY COUNCIL, COMMISSIONS, COMMITTEES, & BOARDS
Members of the City Council *
Members of the Planning Commission *
Members of the Parks and Recreation Commission
Members of the Public Safety Commission
Members of the Public Safety Review Commission
CITY MANAGER'S OFFICE
City Manager *
Assistant City Manager
H
uman
Resources & Risk Manager
Assistant to the City Manager
CITY ATTORNEY'S OFFICE
City Attorney *
Assistant City Attorney
D eputy City Attorney
CITY CLERK'S OFFICE
City Clerk
D eputy City Clerk
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City of Bellflower
Resolution No. 20-61
ECONOMIC DEVELOPMENT DEPARTMENT
D irector of Economic Development
E conomic Development Manager
S enior Management Analyst
Management Analyst II
Management Analyst I
Marketing Specialist
FINANCE DEPARTMENT/CITY TREASURER
D irector of Finance/City Treasurer *
Finance Manager
PARKS AND RECREATION DEPARTMENT
D irector of Parks and Recreation
Recreation Manager
PLANNING DEPARTMENT
D irector of Planning and Building Services
P lanning Manager
S enior Planner
Assistant Planner
Associate Planner
Building Official
Building Plan Checker
B uilding Permit Technician
B uilding Inspector
Code Enforcement Supervisor
Code Enforcement Inspector
PUBLIC SAFETY DEPARTMENT
D irector of Public Safety
PUBLIC WORKS DEPARTMENT
D irector of Public Works
P ublic Works Manager
City Engineer/Traffic Engineer
Assistant City Engineer
D ivision Head of Facilities
D ivision Head of Inspection Services
D ivision Head of Streets
Management Analyst 1
Listed in the code for information purposes only. These positions file under Government Code Section 87200 with the Fair Political Practices Commission.
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City of Bellflower
Resolution No. 20-61
B Consultants:
The City Manager may determine in writing that a particular consultant is hired to perform a range of duties that requires the consultant to fully comply with the disclosure requirements described in this section. Such written determination must include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager determination is a public record and must be retained for public inspection in the same manner and location as this conflict of interest code.
S ECTION 4. Statement of Economic Interests: Place of Filing. Designated employees must file Statements of Economic Interests with the City of Bellflower, on forms created by the Fair Political Practices Commission, in conformance with the individual disclosure categories and state guidelines, when requested by the City Clerk.
The City Clerk will retain custody of the Statements and make them available for public inspection and reproduction. Designated employees listed in the Code with an asterisk (*) must file one original Statement of Economic Interest with the City Clerk, who must make and retain a copy and forward the original to the California Fair Political Practices Commission. All other designated employees must file one original Statement of Economic Interest with the City Clerk.
S ECTION 5. Disclosure and Disqualification — Interest and Positions in Non - Profit Organizations. Whenever a disclosure category requires disclosure of specific financial interests or positions in business entitles, disclosure of equivalent financial interests or positions in non-profit organizations is required. Disqualification must be required as to a disclosed interest or position in a non-profit organization whenever disqualification would have been required as a result of an equivalent financial interest or position in a business entity.
S ECTION 6. Travel Payments, Advances, and Reimbursements. If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to Government Code § 87207, it may be reported on a separate travel reimbursement schedule which shall be included in the filer's statement of economic interests. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income.
S ECTION 7. Resolution No. 18-56 (adopted September 10, 2018) and any other resolution or policy purporting to establish a conflict of interest code, are superseded by this Resolution.
S ECTION 8. Repeal of any provision of any resolution or policy herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Resolution's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution. -21-
City of Bellflower
Resolution No. 20-61
S ECTION 9. 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
S ECTION tO. 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 11. This Resolution will become effective immediately upon adoption.
P ASSED, APPROVED, AND ADOPTED BY THE CIITY COUNCIL OF THE CITY OF BELLFLOWER THIS 14TH DAY OF SEPTEMBER 2020.
ATTEST:
Juanarza,
May -a Oc ' i . ; y Clerk
APPRO /fS l = TO'FORM:
K H. Berger, , ty Attorney
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STor Cll.0EC'RNllA
COUNTY OF LOS ANG all S )SS
CMT OF Bata, INF R )
1, Mayra Ochiqui, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No 20-61 was duly passed, approved, and adopted by the City Council of the City of Bellflower at its Regular Meeting of September 14, 2020, by the following vote to wit:
AYES: Council Members - Dunton, Hamada, Santa Ines,
Koops, and Mayor Garza
Dated: September 15, 2020
dfleA-
Mayr Ochiqui,Ci y Clerk
City Bellflower, California
fir
SEAL)
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2C2C Local Agency Biennial Notice
Name of Agency. City of Bellflower
Mailing Address. 16600 Civic Center Drive, Bellflower, CA 90706 Contact Person:
Mayra Ochiqui, City Clerk Phone No (
562) 804=1424, ext. 2222
Email: [email protected] Alternate Email' cclerk@bellflower org Accurate disclosure is essential to monitor whether officials nave conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency's code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
An amendment is required. The following amendments are necessary:
Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body.
No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency's code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real p and sources of income that may foreseeably be affected materially by the decisions made by those ' oldi g designated positions are reported. The code includes all other provisions required by Governmen ( oa ion 87302.
Signa
September 14, 2020
Chief(Executive Officer Date
All agencies must con)•plete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2020, or by the date specified by your agency, if earlier, ta
PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
www fppc.ca.gov
FPPC Advice: advice©fppc.ca.gov (866.275.3772)
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CITY OF BELLFLOWER
RESOLUTION NO. 21-55
A RESOLUTION ESTABLISHING A CODE OF CONDUCT AND RULES
FOR CONDUCTING CITY COUNCIL MEETINGS IN ACCORDANCE
WITH GOVERNMENT CODE § 36813, AND SUPERSEDING
RESOLUTION NO. 16-87.
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Code of Conduct; Core Principles. The City Council finds and declares that its members, and all members of appointed boards and commissions collectively, "Public Officials"), will abide by the following Core Principles:
A. Public Officials should comply with both the letter and spirit of the laws and policies affecting the operations of government;
B. Public Officials are expected by the public to be independent, impartial, and fair in theirjudgment and actions;
C. Serving in public office is a privilege and should be exercised in trust for the public good, not for personal gain; and
D. Public deliberations and processes should be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
SECTION 2. General Policies. Implementing the Core Principles is one of the guiding objectives in adopting this Resolution. Accordingly, in addition to all requirements of applicable law, the Public Officials must adhere to the following policies:
A. Conduct of Public Officials
The professional and personal conduct of Public Officials must be above reproach and avoid even the appearance of impropriety. Public Officials will refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other Public Officials, City employees, or the public.
B. Respect for Process
Public Officials will perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions.
C. Conduct of Public Meetings
Public Officials will fully prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They will refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise intertering with the orderly conduct of ineetings.
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Resolution No. 21-55
D. Communication
Members will publicly share substantive information that is relevant to a matter under consideration by the City Council or boards, commissions, and committees, which they may have received from sources outside the public decision-making process.
E. Confidentiallnformation
Members must respect the confidentiality of information concerning City property, personnel, or proceedings of the City. They will neither disclose confidential information without proper legal authorization nor use such information to advance their personal interests.
F. Advocacy
When presenting their individual opinions and positions, Public Officials will expressly state they do not represent their body or the City of Bellflower, nor will they allow the inference that they do. All written correspondence expressing an individual opinion and position must be on personal stationery and not on City stationery.
G. Policy Role of Public Officials
Public Officials must respect and adhere to the council-manager structure of Bellflower city government with respect to the City Manager's relationship with the City Council. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, boards, commissions, and committees and City staff. The City Manager implements that policy.
SECTION 3. Substance Abuse Policy.
A. While acting in their official capacities, Public Officials will refrain from imbibing alcohol to the point that it impairs their judgment, physical coordination, speech, or mental process.
B. At all times, Public Officials will refrain from the use of a controlled substance, narcotic, amphetamine, barbiturate, prescribed or over-the- counter medication in excess of the prescribed dosage, or other non- prescribed hallucinogenic substance.
C. Public Officials who have substance abuse problems are encouraged to make every effort to overcome such problems and to utilize the services of the Employee Assistance Program (EAP). Using the EAP is confidential. -26-
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Resolution No. 21-55
SECTION 4. Anti-Harassment Policy.
A. Harassment of an applicant or employee by a Public Official on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran or military status, sex, or age will not be tolerated.
B. Harassment on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran or military status, sex, or age includes, but is not limited to, the following examples:
1. Verbal Harassment - Epithets, derogatory comments, or slurs on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran or military status, sex, or age.
2.Physical Harassment - Assault, impeding or blocking movement, or any physical interterence with normal work or movement when directed at an individual on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran or military status, sex, or age.
3. Visual Forms of Harassment - Derogatory posters, notices, bulletins, cartoons, or drawings on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran or military status, sex, or age.
4. Sexual Favors - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is conditioned upon employment benefit, unreasonably interferes with an individual's work performance or creates an offensive work environment.
SECTION 5. Anti-Nepotism Policy. The City will not hire relatives of Public Officials. If a Public Official's relative presents a matter to the City, then that Public Official cannot participate in or attempt to influence decision-making regarding that matter. For purposes of this policy a "relative" is defined as a blood, by-adoption, or step parent, spouse or registered domestic partner, sibling, child or in-law, and their children and children-in-law.
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Resolution No. 21-55
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SECTION 6. Expected Conduct.
A. Public Officials will request administrative services only through the City Manager or designee.
1 .Public Officials cannot direct, order, or make demands on any City employee, other than inquiries that can be answered routinely and without research.
2.Public Officials cannot attempt to reorganize an employee's priorities or influence the manner by which City staff performs their assigned functions or duties.
3.Public Officials cannot retaliate or threaten to retaliate against employees as a result of disagreements over policy
recommendations.
4.Public Officials cannot threaten a City employee with disciplinary action.
B. Public Officials must act collectively in a properly noticed and constituted meeting; Public Officials do not have authority to make decisions or take actions on behalf of the body unless expressly authorized to do so. 1 .Public Officials cannot make representations or promises to any third party regarding the future actions of the City or of the body of which they are a member, unless such representation or promise has been duly authorized by the appropriate body.
2. When making public utterances, Public Officials must make it clear whether they are authorized to speak on behalf of the body of which they are a member, or whether they are presenting their own views.
3.Public Officials cannot interfere with the manner by which the City Manager performs his or her duties.
C. Public Officials who are members of boards and commissions must limit their activities to matters within their subject matter jurisdiction.
1.Boards and commissions can address only those matters determined by the BMC or by the City Council to be within their subject matter jurisdiction; staff need not place on an agenda, provide resources for or implement requests, directions or actions outside that jurisdiction. Unless directed otherwise by the City Council, Commissions and Boards must refrain from consideration of policy issues that are under active consideration by the City Council.
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Resolution No. 21-55
2. The City Council as a whole will provide direction and guidance to its subsidiary bodies.
D. City resources must be used solely for proper governmental purposes, and only with proper authorization.
1.City letterhead may only be used by Public Officials for official City business.
2. City employees cannot be asked or directed to spend time on non- City business.
3.Public Officials cannot use or disclose information obtained through City service for improper purposes.
SECTION 7. Enforcement. To enforce the Core Principles, and the polices set forth in this Resolution to implement those Core Principles, the City Council adopts the following requirements for enforcement:
A. A complaint regarding a violation of the Code of Conduct may be filed with the Mayor, the City Manager, or the City Attorney (collectively, the Investigator").
B. Upon receiving a complaint, the person receiving the complaint may take one of the following actions depending on the circumstances of the alleged violations of law or policy:
1. Take no action;
2.Conduct a preliminary investigation of the allegations before recommending any action. Following such a preliminary investigation into the complaint, the Investigator may then either take no action or place the matter on a future City Council agenda with a recommendation for consideration; or
3.Place the matter on a future City Council agenda for consideration.
C. If a complaint is placed on the City Council agenda, the City Council may take the following action:
1 . Take no action;
2.Initiate an investigation of the allegations before considering any discipline identified in this Resolution; or
3.Based upon substantive evidence, take one of the disciplinary actions identified in this Resolution.
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Resolution No. 21-55
4.Nothing in this policy precludes individual City Council Members from making public statements regarding alleged conduct.
D. In addition to any other remedy provided by applicable law, the City Council may undertake one or more of the following actions after finding a violation of this Resolution occurred:
1 . Admonition. This is the least severe form of action. An admonition may typically be directed to all members of the City Council, reminding them that a particular type of behavior is in violation of law or City policy. An admonition may be issued by the City Council before any findings of fact regarding allegations, and because it is a warning or reminder, would not necessarily require an investigation or separate hearings to determine whether the allegation is true.
2. Sanction. This is the next most severe form of action. Sanction may be directed to a particular member of the City Council based on a particular action (or set of actions) that is determined to be in violation of law or City policy. A sanction is distinguished from censure in that it is not a punishment. A sanction may be issued based upon City Council review and consideration of a written allegation of a policy violation. The member accused of a violation will have an opportunity to provide a written response to the allegation. A sanction may be issued by the City Council and because it is not punishment or discipline, would not necessarily require an investigation or separate hearings.
3. Censure. Censure is the most severe form of action. Censure is a formal statement of the City Council officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for wrongdoing, but it carries no fine or suspension of the rights of the member as an elected official. Censure should be used for cases in which the City Council determines that the violation of law or policy is a serious offense. To protect the overriding right to freedom of speech, the City Council cannot impose censure on any of its members for the exercise of his or her First Amendment rights, no matter how distasteful the expression was to the City Council and the City. However, nothing can be construed to prohibit the City Council from collectively condemning and expressing their strong disapprobation of such remarks. A decision to censure requires the adoption of a Resolution making findings with regard to the specific charges, based on substantial evidence, and approved by a two- thirds vote of the City Council.
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SECTION 8. Rules of Procedure for Meetings; Authority. Rules of Procedure for City Council meetings are adopted pursuant to Government Code § 36813. In the absence of separate procedural rules for individual boards and commissions, the Rules of Procedure adopted by this Resolution will apply to all City subsidiary boards and commissions. These Rules are intended to comply with, the Ralph M. Brown Act Government Code §§ 54950-54962). The Brown Act will supersede any conflicting provision of the Rules.
SECTION 9. General Rules.
A. Rules of Order. Pursuant to Bellflower Municipal Code ("BMC")
2.040. 060, the City Council finds as follows:
1 .City Council proceedings should be governed by common sense and good taste. Pursuant to applicable laws, including, without limitation, the BMC, any issue of procedure relating to the conduct of a meeting or hearing not otherwise provided for in these Rules may be determined by the Mayor, subject to a vote of the entire Council. In addition, the City Council may, upon majority vote, alter or modify any provision of this Policy when appropriate or desirable.
2. These Rules are adopted to expedite the City Council's business transactions in an orderly fashion and are procedural only. Failure to strictly observe these rules will not affect the City Council's jurisdiction or invalidate any Council action conforming with applicable law.
B. Right of Floor.
Council Members wishing to speak must first be recognized by the Mayor and, with the exception of Council Reports, limit any remarks to the agenda matter being considered.
C. City Manager.
The City Manager will attend all meetings of the City Council unless excused. In his/her absence, the City Manager will designate an Acting City Manager to attend. The City Manager may make recommendations and has the right to take part in all City Council discussions of the Council, but cannot vote.
D. City Attorney.
The City Attorney will attend all meetings of the Council unless excused, and in his/her absence, the Assistant City Attorney will attend. The City Attorney, upon request, may give opinions, either written or oral, on questions of law and act as the City Council's parliamentarian. -31-
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E. City Clerk.
The City Clerk will attend all meetings of the Council unless excused. In his/her absence, the Deputy City Clerk will attend. The City Clerk will record, prepare, and maintain the City Council's official record and perform other related duties as prescribed by the City Council and/or City Manager.
SECTION 10. Mayor— Duties.
A. Presiding Officer
The Mayor, if present, will preside at all meetings. In the Mayor's absence, the Mayor Pro Tem will preside. In the absence of both, the Council Members present will select a Temporary Presiding Officer by majority vote.
B. Call to Order
The Mayor or Mayor Pro Tem will bring the meeting to order at the time noticed in accordance with applicable law. In the absence of both, the meeting will be called to order by the City Clerk.
C. Point of Order
The Mayor will determine all points of order, subject to the right of any Council Member to appeal to a vote of a majority of the quorum.
D. Motion to Be Stated
The Mayor will state all motions submitted for a vote and announce the result. A roll call vote must be taken upon the request of any Council Member.
SECTION 11. Preparation ofAgenda.
A. Order of the Agenda
The Agenda will be organized in accordance with Resolution No. 05-45.
B. Minutes
Unless requested by a majority of the quorum, minutes may be approved without reading.
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Resolution No. 21-55
C. Future Agenda Items
I
Each Agenda may include an Agenda item entitled "Council Reports." During this section of the Agenda any Council Member may make a motion only to place an item on a future Agenda. The motion is non-debatable.
Placement of an item on a future Agenda requires a majority vote. The City Manager has discretion as to when the item will be placed on the Agenda, unless otherwise directed by the City Council.
SECTION 12. Citizens' Rights.
A. Persons seeking to address the City Council must comply with the following:
1.Members of the public may address the City Council only on items within the subject-matter jurisdiction of the City Council. A determination of whether an item is appropriate for discussion will be made by the Mayor with the City Council's consent.
2.Persons addressing the City Council may sign in on the sign-in sheet provided.
3.Each speaker may be limited to a time period determined by the Mayor for Public Comment and on all other items on the Agenda.
4. All remarks must be directed to the City Council as a body and not to any particular Council Member or City employee.
5.No person, other than Council Members and the person having the floor are permitted to participate in the discussion except as otherwise requested by the Mayor.
6.No question may be asked of Council Members or City employees except through the Mayor.
7. When any identifiable group of persons, as distinguished from the general public, seeks to address the City Council on the same agenda item, the Mayor has the discretion to ask that the group select a spokesperson to address the City Council. If additional issues are to be presented at the hearing by any other member of such group, the Mayor may limit the number of persons to address the City Council to avoid unnecessary repetition of information presented to the City Council.
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B. Written Materials
Any person may submit written materials to the City Council for consideration. Should a person wish to have written materials considered by the City Council as part of an agenda item other than a public hearing, they must be submitted during working hours not later than twenty-four (24) hours before the scheduled meeting.
C. Disrupting legal meetings
Any member of the public making disruptive remarks or who becomes disruptive while addressing the Council or attending the City Council meeting so as to disrupt, disturb or otherwise impede the orderly conduct of the City Council meeting will be removed forthwith by the Presiding Officer and barred from fuRher audience before the City Council at that meeting unless permission to continue is granted by a majority vote of the City Council.
SECTION 13. Miscellaneous Rules.
A. Silence
During a collective vote (Ayes and Nays), silence of any Council Member denotes an affirmative vote.
B. Continuance of an Item
Upon a Council Member's request and by majority vote, an item (not subject to a deadline) may be continued to the next agreed upon meeting. Anyone may request a continuance of an item and the City Council, by majority vote, may grant a continuance.
C. Failure to Vote
Every Council Member should vote unless disqualified by reason of a Conflict of Interest. If a member abstains because of a legal conflict of interest, he/she is not counted as part of the quorum and is not deemed to be voting.
If a member abstains for reasons other than a legal conflict of interest, he/she will be counted in establishing a quorum. Such an abstention will be counted with the majority vote of the quorum unless there is no majority in which case it will not be counted as a vote.
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D. Lost Motions
1 . A lost motion is one that fails to receive the necessary number of votes to carry. To revive a lost motion at the same meeting, the proper action is a motion to reconsider.
2.If a motion is lost on an Ordinance or action for the expenditure of money, or any motion when the legally required number of votes for passage is three; when two Members of the City Council are absent, the matter will be automatically continued to the next regular meeting. In the case of an Urgency Ordinance, the matter will be automatically continued when one Council Member is absent.
E. Motion to Reconsider
A motion to reconsider any action taken by the City Council may be made in accordance with the following:
1. The motion must be made by a Council Member, the majority vote, or, in the case of a lost motion, by any Council Member and may be seconded by any Council Member.
2.Except as otherwise provided, the motion must be made before the adjournment of the meeting at which the original action was taken.
3. The motion is debatable and has precedence over a pending motion.
4.Except as otherwise provided, if the action to be reconsidered is a Public Hearing item, it must be re-noticed in the event the motion to reconsider passes. Where it is clearly established that all interested members of the public are still present, the item may be reconsidered without further notice.
F. Tie Votes
If a tie vote occurs when a Member of the City Council is absent, the item will be automatically continued once to the next regular meeting of the City Council. Except in the event of an appeal to the City Council, if a tie vote occurs as a result of the abstention of a Council Member, the motion is lost.
If a tie vote on an appeal occurs as a result of the abstention of a Council Member, the appeal is deemed denied.
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G. Changing the Vote
A Council Member may change his/her vote only if the change is made immediately following the announcement of the vote by the Mayor and before the next agenda item is announced.
H. Abstention
A Council Member who publicly announces that he/she is abstaining from voting on a particular matter will not subsequently be allowed to withdraw the abstention.
I. Recusal — Non-Profit Organization Board of Directors Member City Council Members must recuse themselves from contract and/orfunding allocation decisions if they sit on boards of directors of non-profit organizations which are being considered for funding from the City.
SECTION 14. Rules of Debate.
A. Mayor as Presiding Officer
The Mayor may move, second, and debate from the Chair, retains all rights and privileges of a Council Member.
B. Appeals
Any ruling of the Mayor may be appealed at the request of any Council Member. The Mayor must call for a roll call vote to determine if the ruling is upheld.
C. Motions
A motion may be debated by the City Council after it is made. During debate, any Member of the City Council may "Call for a second." If a second is not forthcoming, the motion dies for lack of a second. If the motion is seconded, the debate may continue.
D. Precedence of Motions
When a motion is before the Council, no other motion may be considered except:
1.Motion to Amend - Debatable only as it relates to the amendment.
An amendment which modifies the motion is an order; however, a substitute motion is in order if the intent is changed. Amendments -36-
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Resolution No. 21-55
are voted on first, the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There may only be one amending motion on the floor at any one time.
2.Motion to Postpone - A motion to postpone indefinitely is debatable.
If such a motion is adopted, the principal question is lost. Motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set.
3.Motion to Table - Undebatable and not subject to amendment.
The purpose of a motion to table is to temporarily bypass the item. If a motion to table is adopted, the item may be taken from the table at any time before the adjournment of the next regular meeting. If the item is not taken from the table in the time specified, the business of the item is lost.
4.Motion for Previous Question
A motion for previous question closes debate on the main motion and is non-debatable. If motion fails, debate is reopened; if motion passes, then vote must be taken on the main motion.
SECTION 15. Adjournment. At 10:30 p.m., if business has not concluded, no new business will be considered unless by a majority vote the City Council agrees to begin new business. Items under consideration at 10:30 p.m. may be concluded. Any remaining items will be postponed to the next City Council meeting.
SECTION 16. Amendmenf/Suspension. The City Council may amend or suspend these rules at any time upon majority vote of the City Council.
SECTION 17. Administrative Mandamus. Persons who are dissatisfied with a decision of the City Council may have the right to seek review of that decision by a court.
In addition, the City has adopted §1094.6 of the Code of Civil Procedure which generally limits to ninety (90) days the time within which the decision of City boards and agencies may be judicially challenged.
SECTION 18. Unless specifically referenced, this Resolution supersedes all previous resolutions purporting to establish rules and procedures for rules of conduct and procedures for City Council meetings including, without limitation, Resolution No. 15-26 adopted June 8, 2015). Accordingly, those resolutions are rendered moot upon adoption of this Resolution and are accordingly repealed. Nothing in this Resolution is intended to, nor does it, supersede the City's most recently adopted Conflict of Interest Code. -37-
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Resolution No. 21-55
SECTION 19. 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 20. 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 21. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 27T" DAY OF SEPTEMBER 2021.
t/ GL, °'°
Dan Koops, Mayor
ATTEST:
May a O hiqui, ity Clerk
APPRObED A TO FORM:
rl . Berger, ity Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )SS
CITY OF BELLFLOWER
I, Mayra Ochiqui, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 21-55 was duly passed, approved, and adopted by the City Council of the City of Bellflower at the Regular Meeting of the City Council on September 27, 2021 , by the following vote to wit:
AYES: Council Members — Sanchez, Santa Ines, Dunton, Hamada and Mayor Koops
Dated: September 28, 2021
ayr c qui, City Clerk
City f Bel flower, California
SEAL)
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