TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: P.J. Mellana, Director of Parks and Recreation
SUBJECT: Consideration and possible action to adopt Resolution No. 23-08 – A Resolution designating a citizen oversight board to oversee the expenditure of the proceeds from the sale of the Bellflower Municipal Water System through the Public Projects Fund; and establishing policies and procedures for the board.
DATE: March 13, 2023
EXECUTIVE SUMMARY
Per Resolution No. 16-53, Section 1.C.3. (attached), the City Council is to designate a citizen oversight board to oversee the expenditure of all revenue generated by the sale of the Bellflower Municipal Water System (BMWS). At the February 13, 2023 Meeting, the City Council directed staff to draft a Resolution to outline policies and procedures for the oversight board and designating members of the Parks and Recreation Commission to serve on the board.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 23-08; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENTS
Resolution No. 23-08 …………………………………………..…………….……………………….2 Staff Report, February 13, 2023……………………………………..………..….………………….9
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CITY OF BELLFLOWER
RESOLUTION NO. 23-08
A RESOLUTION DESIGNATING A CITIZEN OVERSIGHT
BOARD TO OVERSEE THE EXPENDITURE OF THE
PROCEEDS FROM THE SALE OF THE BELLFLOWER
MUNICIPAL WATER SYSTEM THROUGH THE PUBLIC
PROJECTS FUND; AND ESTABLISHING POLICIES AND
PROCEDURES FOR THE BOARD
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. Per Resolution No. 16-53, Section 1.C.3. (Attached Exhibit A), the City Council is to designate a citizen oversight board to oversee the expenditure of all revenue generated by the sale of the Bellflower Municipal Water System (BMWS).
B. The Oversight Board consists of all members serving on the Parks and Recreation Commission.
C. The Oversight Board must ensure that no funds are expended for employee salaries or other operating expenses.
SECTION 2. Attached Exhibit B, which is incorporated by reference, is adopted as the Oversight Board Policies and Procedures for the City of Bellflower’s Public Projects Fund.
SECTION 3. Effective Date. This Resolution will become effective March 13, 2023 and remain effective until superseded by a subsequent resolution.
SECTION 4. Electronic Signatures. This Ordinance 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. Recordation. The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolution of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted.
SECTION 6. 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.
2 City of Bellflower
Resolution No. 23-08
SECTION 7. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 13TH DAY OF MARCH 2023.
_____________________________________
Sonny R. Santa Ines, Mayor
ATTEST:
______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
______________________________
Karl H. Berger, City Attorney
ATTACHMENTS:
Exhibit A – Resolution No. 16-53
Exhibit B – Oversight Board Policies and Procedures
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EXHIBIT B
OVERSIGHT BOARD OF THE PUBLIC PROJECTS FUND
POLICIES AND PROCEDURES
A majority of the oversight board constitutes a quorum for the transaction of business.
A majority vote of the quorum is required for the oversight board to take action. The oversight board is a legislative body for purposes of the Ralph M. Brown Act. All actions taken by the oversight board must be adopted by resolution or minute order.
All notices required by law for oversight board actions must also be posted on the City’s Internet Web site.
The City Council may review an oversight board action. Written notice and information about all actions taken by the oversight board must be provided to the City Council as an approved resolution by electronic means and in a manner of the City’s choosing. The oversight board is not required to submit the following oversight board actions for City Council approval:
Meeting minutes and agendas.
Changes in oversight board members, or the selection of an oversight board chair or vice chair.
The Oversight Board is authorized by Resolution No. 16-53 (the “governing resolution”) to ensure that proceeds from the sale of the Bellflower Municipal Water System (“BMWS”) are spent only for those purposes identified in the governing resolution.
The Board must ensure that no funds are expended for employee salaries or other operating expenses.
The Oversight Board consists of all members serving on the Parks and Recreation Commission.
The Board may not include any employee or official of the City or any vendor, contractor, or consultant of the City.
City staff, as designated by the City manager, is responsible for working with the chair of the Oversight Board to prepare and properly notice agendas, minutes and reports of the Board.
At its organizational meeting and annually thereafter, the Oversight Board will select a Chair and Vice-Chair. Board members should attempt to reach decisions by consensus wherever possible. Failing that, decisions will be made by majority vote of a quorum present and follow the City Council’s rules of procedure. All members have one vote on Board recommendations. The Oversight Board must meet at least once per year. 7 Resolution No. 23-08 - Exhibit B
Oversight Board of the Public Projects Fund Policies and Procedures
The Board is required to issue an annual report on its proceedings, which must be presented to the City Council.
The Board is authorized to engage in any of the following activities necessary to fulfill its purpose:
Receive and review copies of any deferred maintenance proposals or plans developed by the City; and
Review efforts by the City to maximize BMWS sale revenues by implementing cost-saving measures including, without limitation, to the following:
o Mechanisms designed to reduce the costs of professional fees. o Mechanisms designed to reduce the costs of site preparation. o Recommendations regarding the joint use of core facilities. o Mechanisms designed to reduce costs by incorporating efficiencies in governmental site design.
o Recommendations regarding the use of cost-effective and efficient reusable facility plans.
To assist the Board in its work, City staff will present, for the Board’s review, a report that will include capital outlay project plans, timelines and cost information.
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