11-A — Bellflower City Council, May 13, 2024

11 -A
TO: Honorable Mayor and Members of the City Council

FROM: Ryan Smoot, City Manager

SUBJECT: Consideration and possible action to conduct a public hearing to consider providing direction to staff regarding a City Charter ballot measure.

DATE: May 13, 2024

EXECUTIVE SUMMARY

On April 8, 2024, the City Council held the first of two required public hearing s. These hearings play an important role in the Charter process by giving community members the chance to share their thoughts and opinions before the City Council considers placing a charter onto the November 5, 2024 ballot.

To further participation in the process, and ensure that more residents were heard, the City enlisted the assistance of Fairbank, Maslin, Maullin, Metz & Associates (FM3) to gather additional resident input and thoughts about the issue beyond any statutory requirements. The findings of this survey will be presented to the City Council during today’s Regular City Council meeting by FM3 Consultant Richard Bernard.

At the first Hearing on April 8, 2024, several residents addressed the Council and spoke in favor of placement. None spoke against. The City Council directed staff to: 1) draft the necessary documents needed to add the City Charter ballot measure to the November 5, 2024 Election; 2) research methods and language used by other cities to formalize Mayoral and related rotations; and 3) schedule a second public hearing on May 13, 2024.

This hearing is that second public hearing.

RECOMMENDATION TO CITY COUNCIL

1) Open the public hearing, take testimonial and documentary evidence, and after considering the evidence, consider directing staff to continue to solicit additional feedback from the broader community while drafting the necessary documents to return to the City Council that would, if desirable, allow Council to add a City Charter proposal to the November 5, 2024 Election ballot; or

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

FISCAL IMPACT

The estimated cost to add a citywide ballot measure to the November 5, 2024, Election ballot is $175,000. Funds are budgeted in Account No. 010 -43600-1210.

Page 1 of 3 ends

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Staff Report – Public Hearing for City Charter Ballot Measure May 13, 2024

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PUBLIC NOTICE

On April 12, 2024, a Public Hearing Notice was posted at City Hall, Brakensiek Library, Bellflower Substation, Caruthers Park, Thompson Park, Simms Park, and the City’s website. On April 12 and 19, 2024, a Public Hearing Notice was published in the Los Cerritos News Community News newspaper.

BACKGROUND

Bellflower residents, like those of many communities across California are facing unprecedented pressures in their ability to afford quality housing that meets their needs.

While the California Legislature identified the need for quality housing that is affordable to residents, it has implemented policies that diminish the City’s ability to build the housing our residents demand and the voice of our residents in shaping the future of their community. Simultaneously, while the City has seen recent successes in supporting and building up the small businesses in Bellflower, California’s general laws limit the ability of the City to provide the support our small businesses really need.

Understanding these challenges, the City Council formed a subcommittee comprised of two members of the City Council and seven citizens representing a cross section of the Bellflower community from local small businesses, public safety, and non-profit groups to explore solutions to meet those challenges. The focus of the committee was to improve Bellflower’s ability to build high quality housing that meets our residents ’ needs, increases the voice of our residents in local decision making and allow more fle xibility in supporting local small businesses by reviewing and considering the potential for Bellflower residents to adopt a local charter for our community. The committee looked at various solutions from other cities, and discovered that eight neighboring Gateway cities, including Downey, Cerritos, Long Beach, Whittier, and Signal Hill, have become charter cities in order to give them more local control and protect the character and quality of life in their communities.

After conducting four meetings and gathering input from residents on specific charter provisions that should be recommended, the committee provided charter language recommendations to the City Council.

On April 8, 2024, the City Council held the first of two required public hearings regarding placing the charter ballot measure drafted by that committee on the November 5, 2024, Election ballot for consideration by Bellflower residents. After discussing the benefits to local control provided by a local charter, and how Bellflower may be able to better support our residents as a charter city, the City Council directed staff to: 1) draft the necessary documents needed to add the City Charter ballot measure to the November 5, 2024 Election; 2) research methods and language used by other cities, if any, in their charters to manage rotation of Mayoral and related positions; and 3) schedule a second public hearing to gather further public input for May 13, 2024.

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Staff Report – Public Hearing for City Charter Ballot Measure May 13, 2024

Page 3 of 3 ends

DISCUSSION

As directed at the April 8, 2024 Regular City Council meeting, staff is preparing the necessary documents to add this potential ballot measure to the November 5, 2024 Election ballot to be considered by the Council at a later date. Accordingly, if the City Council decides to proceed following the May 13, 2024, public hearing, staff will bring back the necessary items to the City Council at the June 10, 2024 Regular City Council Meeting for consideration after providing sufficient time for residents to provide input.

Regarding the methods and language used by other surrounding agencies to manage rotation of mayoral and related position, staff conducted research on neighboring charter cities to ascertain whether surrounding cities’ charter language includes such provisions.

Of the surrounding cities whose residents have adopted local charters (Signal Hill, Downey, Whittier, and Cerritos), none were found to include language specifically dictating the rotation of the Mayoral or related positions. Each, in its own way, allows the City Council to elect from its members a Mayor. In expanding that research further, staff was able to find one specific example of a City whose City Council has adopted a resolution guiding its Mayoral rotations in an alternative format – the City of Monterey Park, by a series of resolutions over time, has established varying time periods during which each Council Member will be the Mayor during their term in office. Monterey Park is a general law city. As drafted the draft Bellflower charter is consistent with other local charter cities in retaining this level of decision making with the City Council. Whether or not a Charter as drafted by the committee is adopted by residents, the City Council retains the authority to establish procedures for rotating Mayoral related position responsibilities via separate resolution, if desired.

ATTACHMENTS

1. Public Hearing Notice ................................................................................................. 4

2. April 8, 2024, Staff Report with attachments .............................................................. 6

-3-

The City of Bellflower 4xvismaicYamFlies. /lusinesses. 'tulures. 16600 Civic Center Drive,Bellflower,CA 90706
Tel 562.804.1424 Fax 562.925.8660 www.bellflower.org CRot nvp r O

CITY OF BELLFLOWER

NOTICE OF PUBLIC HEARING

POSSIBLE ADOPTION OF A CITY CHARTER
TAKE NOTICE that a public hearing will be held to discuss possible adoption of a city charter for the City of Bellflower. The public hearing is scheduled as follows at 7:00 p.m. in the Council Chambers:

May 13, 2024
Adopting a city charter involves crucial-decisions that will impact the governance and future of the City. This hearing provides an opportunity for residents to voice their opinions, ask questions, and contribute to the decision-making process.

The public hearing will follow established procedures in accordance with the California Government Code. Detailed information about the proposed city charter, including resolutions, ordinances, and other relevant documentation, will be available for review during this hearing.

We encourage all residents, community members, and stakeholders to attend the public hearing to engage in discussions about the city charter and its implications for our community. Your involvement is essential in ensuring that the city charter reflects the values and needs of Bellflower.

For further details regarding the public hearing on the adoption of the city charter, please refer to official announcements from the Bellflower City Clerk.

MAYRA OCHIQUI, CITY CLERK
Post: April 11, 2024
Remove: May 14, 2024
The City of Bellflower c
gami/ies. flusirlesxes. guilt/'93. «
16600 Civic Center Drive, Bellflower. CA 90706
Tel 562.804.1424 Fax 562.925.8660 www.bellflowet.or3 (how-1005“”

CITY OF BELLFLOWER

NOTICE OF PUBLIC HEARING

May 13, 2024
Adopting a city charter involves crucial'decisions that will impact the governance and future of the City. This hearing provides an opportunity for residents to voice their opinions, ask questions, and contribute to the decision-making process.

For further details regarding the public hearing on the adoption of the city charter, please refer to official announcements from the Bellflower City Clerk.

MAYRA OCHIQUI, CITY CLERK
Post: April 11, 2024
Remove: May 14, 2024
«q of 331-1-m The City of Bellflowet o
gamifl'es. .Zuu‘nesxes. 711/1111". “
[6600 Civic Center Drive, Bellflower. CA 90706 h f
Tel 562.804.1424 Fax 562.925.8660 m.beuflmo1g (”humane-3“”

CITY OF BELLFLOWER

NOTICE OF PUBLIC HEARING

For further details regarding the public hearing on the adoption of the city charter, please refer to official announcements from the Bellflower City Clerk.

MAYRA OCHIQUI, CITY CLERK
Post: April 1 1, 2024
Remove: May 14, 2024
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. of DELI—FLO The City of Bellflower 6d "'8':
yami/l'es. .zusinesses. gait/res. «
16600 Civic Center Drive. Bellflowet. CA 90706 0 fl
Tel 562.304.1424 Fax 562.925.8660 www.bellflawet.or3 %aomos“"'

CITY OF BELLFLOWER

NOTICE OF PUBLIC HEARING

For further details regarding the public hearing on the adoption of the city charter, please refer to official announcements from the Bellflower City Clerk.

MAYRA OCHIQUI, CITY CLERK
Post: April 1 1 , 2024
Remove: May 14, 2024

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES ) SS

CITY OF BELLFLOWER
I, Dakota Wallace, Management Assistant, of the City of Bellflower, do hereby declare under penalty of perjury, that the Notice of Public Hearing regarding the Possible Adoption of a City Charter was posted Thursday, April 11, 2024, at the following locations in the City of Bellflower:

City Hall Lobby and Doors, 16600 Civic Center Drive
City Website at www.bellflower.org
Clifton M. Brakensiek Library
Bellflower Sheriff's Substation
John S. Simms Park
Ruth Caruthers Park
T. Mayne Thompson Park
Executed this 11th day of April 2024 at Bellflower, California. i
1 Dak----ota Walla e, Management Assistant

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) 88

CITY OF BELLFLOWER )
I, Dakota Wallace, Management Assistant, of the City of Bellflower, do hereby declare under penalty of perjury, that the Notice of Public Hearing regarding the Possible Adoption of a City Charter was posted Thursday, April 11, 2024, at the following locations in the City of Bellflower:

City Hall Lobby and Doors, 16600 Civic Center Drive
City Website at www.bel| flower.org
Clifton M. Brakensiek Library
Bellflower Sheriff’s Substation
John S. Simms Park
Ruth Caruthers Park
T. Mayne Thompson Park
Executed this 11th day of April 2024 at Bellflower, California. dl’ ’

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES ) SS

CITY OF BELLFLOWER )
l. Dakota Wallace, Management Assistant, of the City of Bellflower, do hereby declare under penalty of perjury, that the Notice of Public Hearing regarding the Possible Adoption of a City Charter was posted Thursday, April 11, 2024, at the following locations in the City of Bellflower:

City Hall Lobby and Doors, 16600 Civic Center Drive
City Website at www.bellflower.org
Clifton M. Brakensiek Library
Bellflower Sheriff‘s Substation
John S. Simms Park
Ruth Caruthers Park
T. Mayne Thompson Park
Executed this 11th day of April 2024 at Bellflower, California.

Walla 9, Management Assistant
-5-

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES ) SS

City Hall Lobby and Doors, 16600 Civic Center Drive
City Website at www.be| lflower.org
Clifton M. Brakensiek Library
Bellflower Sheriff‘s Substation
John S. Simms Park
Ruth Caruthers Park
T. Mayne Thompson Park
Executed this 11th day of April 2024 at Bellflower, California. “'7‘" e, Management Assistant

TO: Honorable Mayor and Members of the City Council

FROM: Ryan Smoot, City Manager

SUBJECT: Consideration and possible action to conduct a public hearing to consider providing direction to staff regarding a City Charter ballot measure.

DATE: April 8, 2024

EXECUTIVE SUMMARY

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. After conducting four meetings, the Subcommittee provided charter language recommendations to the City Council in October 2019. 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 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 conducted the voter survey and presented the survey results to the City Council at the July 11, 2022, Regular City Council meeting. Due to noticing and timing constraints, the charter ballot measure was not able to proceed during the November 2022 Election cycle. Staff is requesting direction from the City Council relative to adding this potential ballot measure to the November 5, 2024 Election ballot. If the City Council decides to proceed with the ballot measure, a second public hearing would need to be held on May 13, 2024.

RECOMMENDATION TO CITY COUNCIL

1) Open the public hearing, take testimonial and documentary evidence, and after considering the evidence, direct staff to draft the necessary documents to add a City Charter ballot measure to the November 5, 2024 Election ballot; or

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

FISCAL IMPACT

The estimated cost to add a citywide ballot measure to the November 5, 2024, Election ballot is $175,000. Funds are budgeted in Account No. 010-43600-1210.

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Staff Report – Public Hearing for City Charter Ballot Measure April 8, 2024

Page 2 of 2 ends

PUBLIC NOTICE

On March 8, 2024, a Public Hearing Notice was posted at City Hall, Brakensiek Library, Bellflower Substation, Caruthers Park, Thompson Park, Simms Park, and the City’s website. On March 8 and 15, 2024, a Public Hearing Notice was published in the Los Cerritos News Community News newspaper.

ATTACHMENTS

1. July 11, 2022, Staff Report .......................................................................................... 2

2. July 11, 2022, Supplemental Materials ...................................................................... 35

3. July 11, 2022, Survey Results Presentation ............................................................. 40

4. Public Hearing Notice ............................................................................................... 64

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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Honorable Mayor and Members of the City Council
Jeffrey L. Stewart, City Manager
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- lnformation for the General Municipal Election on November 8, 2022.

July 11,2022

EXECUTIVE SQMMARY
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 1-1, 2022, Regular City Council meeting. The results will he presented by FM3 Consultant Richard Bernard. ”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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Honorable Mayor and Members of the City Council
Jeffrey L. Stewart, City Manager
Consideration and possible action to consider placing a ballet 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- lnformation for the General Municipal Election on November 8, 2022.

July 11, 2022

EXECUTIVE SQMMARY
At the May 23, 2022 Special City Council Meeting, the City Council requested that Fairbank, Maslin. Maullin. Metz 8: 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. lf'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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Honorable Mayor and Members of the City Council
Jeffrey L. Stewart, City Manager
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.

July 11, 2022

EXECUTIVE SQMMARY
At the May 23, 2022 Special City Council Meeting, the City Council requested that Fairbank, Maslin, Maullin. Metz 8: 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 FMS Consultant Richard Bernard. l'f'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.

Begin on

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

Page 2 of 4 ends

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.
2-
Staff Report — Potential City Charter Ballot Measure
July 11, 2022

Page 2 of 4 ends

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.
.2-
Staff Report — Potential City Charter Ballot Measure
July 11, 2022

Page 2 of 4 ends

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.
.2- -9-
Staff Report - Potential City Charter Ballot Measure
July 11, 2022

Page 2 of 4 ends

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.
.2-

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

Page 3 of 4 ends

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

s
t
a
t
e
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

E
l
e
c
t
i
o
n
.

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

r
e
s
u
l
t
s
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

E
l
e
c
t
i
o
n
,

it would take the
actions recommended in this Staff Report.
3-
Staff Report — Potential City Charter Ballot Measure
July 11, 2022

Page 3 of 4 ends

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 Plan, 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 7.0 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.
-3-
Staff Report — Potential City Charter Ballot Measure
July 11, 2022

Page 3 of 4 ends

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 Plan, 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.

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.
-3- -10-
Staff Report - Potential City Charter Ballot Measure
July 11, 2022

Page 3 of 4 ends

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.

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

Page 4 of 4 ends

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 4-
Staff Report — Potential City Charter Ballot Measure
July 11, 2022

Page 4 of 4 ends

ATTACHMENTS
A. Resolution No. 22-39 (adding ballot measure) ............................................................ 5 Exhibit A — Bellflower City Charter ............................................................................. 7 B. Resolution No. 2240 (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 Staff Report — Potential City Charter Ballot Measure
July 11, 2022

Page 4 of 4 ends

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

Page 4 of 4 ends

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

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

t
h
e
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.

Page 1 of 2 ends

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 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 YES 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? 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.

Page 1 of 2 ends

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 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:

Page 1 of 2 ends

-12-

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 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:

Page 1 of 2 ends

City of Bellflower
Resolution No. 22-39

Page 2 of 2 ends

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
6-
City of Bellflower
Resolution No. 22-39

Page 2 of 2 ends

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 11T"l DAY OF JULY, 2022.

Ray Dunton, Mayor
ATTEST:

Mayra Oohiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
Attachment:

Exhibit A — Full Text of the Ballot Measure
City of Bellflower
Resolution No. 22-39

Page 2 of 2 ends

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 11""I 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-
City of Bellflower
Resolution No. 22-39

Page 2 of 2 ends

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 11""l 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

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.
7-

CHARTER FOR THE

CITY OF

BELLF LOWER
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.
ll. Municipal Affairs; Generally.

Ill. General Laws; City Council
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—eoonomic 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.

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.
ll. Municipal Affairs; Generally.

Ill. General Laws; City Council
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.

Page 1 of 4 ends

-14-

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.
ll. Municipal Affairs; Generally.

III. General Laws; City Council
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—eoonomic 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.

Page 1 of 4 ends

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.
8-
C. Land Use. Except as othenivise
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.

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.

V. Revenue.

A. Public Financing. The City, by
ordinance, may establish standards,
procedures, rules or regulations related
to any public financing.

Page 2 of 4 ends

C. Land Use. Except as othenNise
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 othenNise
provided by this Charter or the California
Constitution, the City Council is vested
with all powers of the City.

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.

V. Revenue.

A. Public Financing. The City, by
ordinance, may establish standards,
procedures, rules or regulations related
to any public financing.

Page 2 of 4 ends

-15-
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 othenNise
provided by this Charter or the California
Constitution, the City Council is vested
with all powers of the City.

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.

V. Revenue.

A. Public Financing. The City, by
ordinance, may establish standards,
procedures, rules or regulations related
to any public financing.

Page 2 of 4 ends

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.
9-
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.

VI. IntergovernmentalImmunity.

B. Uncompensated Mandates.

VII. Public Works Projects.

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.

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.

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
othewvise 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.

Page 3 of 4 ends

-16-
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.

B. Uncompensated Mandates.

VII. Public Works Projects.

Page 3 of 4 ends

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-
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.

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.

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.

G. Amendment. Any amendment to
this Charter must be accomplished by
than existing California law and with a
majority of voter approval.

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.

G. Amendment. Any amendment to
this Charter must be accomplished by
then existing California law and with a
majority of voter approval.

Page 4 of 4 ends

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:

Page 1 of 3 ends

11-

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-terml4 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 chaIter YES 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? NO

Page 1 of 3 ends

-11-

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:

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 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 YES 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? NO

Page 1 of 3 ends

-11- -18-

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:

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 YES 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? NO

Page 1 of 3 ends

-11-

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.

e
l
e
c
t
i
o
n
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 consolidation 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. 12-
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 consolidation 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 11. Eiectronic 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 13. This Resolution will become effective immediately upon adoption.

III
III
III
-12-
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 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 Bellfiower recognizes that additional costs will be incurred by the County by reason of this consolidation 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 13. This Resolution will become effective immediately upon adoption. //l
III
III
-12- -19-
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 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 Bellfiower recognizes that additional costs will be incurred by the County by reason of this consolidation 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 13. This Resolution will become effective immediately upon adoption.

III
/l/
l//
-12-

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-
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 11""I DAY OF JULY, 2022.

ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
Attachment:

Exhibit A — Full Text of the Ballot Measure
Ray Dunton, Mayor
-13-
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 117"I DAY OF JULY, 2022.

ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
Attachment:

Exhibit A — Full Text of the Ballot Measure
Ray Dunton, Mayor
-13- -20-
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 111'H DAY OF JULY, 2022.

Ray Dunton, Mayor
ATI'EST:

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-

EXHIBIT A

FULL TEXT OF THE BALLOT MEASURE
-14-

EXHIBIT A

FULL TEXT OF THE BALLOT MEASURE
-14- -21-

EXHIBIT A

FULL TEXT OF THE BALLOT MEASURE
-14-

Page 1 of 4 ends

CHARTER FOR THE

CITY OF

II. Municipal Affairs; Generally.

III. General Laws; City Council
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.

CHARTER FOR THE

CITY OF

BELLF LOWER
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.
ll. Municipal Affairs; Generally.

Ill. General Laws; City Council
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—eoonomic 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.

Page 1 of 4 ends

CHARTER FOR THE

CITY OF

Ill. General Laws; City Council
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.

Page 1 of 4 ends

CHARTER FOR THE

CITY OF

III. General Laws; City Council
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—eoonomic 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.

Page 1 of 4 ends

Page 2 of 4 ends

IV. Governance; Elections.

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.

V. Revenue.

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-
C. Land Use. Except as othenivise
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.

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.

V. Revenue.

A. Public Financing. The City, by
ordinance, may establish standards,
procedures, rules or regulations related
to any public financing.

Page 2 of 4 ends

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 othenNise
provided by this Charter or the California
Constitution, the City Council is vested
with all powers of the City.

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.

V. Revenue.

A. Public Financing. The City, by
ordinance, may establish standards,
procedures, rules or regulations related
to any public financing.

Page 2 of 4 ends

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 othenNise
provided by this Charter or the California
Constitution, the City Council is vested
with all powers of the City.

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.

V. Revenue.

A. Public Financing. The City, by
ordinance, may establish standards,
procedures, rules or regulations related
to any public financing.

Page 2 of 4 ends

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.

VI. Intergovernmental Immunity.

B. Uncompensated Mandates.

VII. Public Works Projects.

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.
17-
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.

VI. IntergovernmentalImmunity.

B. Uncompensated Mandates.

VII. Public Works Projects.

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.

Page 3 of 4 ends

-17-
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.

VI. Intergovernmental Immunity.

B. Uncompensated Mandates.

VII. Public Works Projects.

Page 3 of 4 ends

-17- -24-
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.

B. Uncompensated Mandates.

VII. Public Works Projects.

Page 3 of 4 ends

Page 4 of 4 ends

VIII. Interpretation; City Council
Authority; Continuity of Existing
Laws.

A. Construction and Interpretation.

G. Amendment. Any amendment to
this Charter must be accomplished by
then existing California law and with a
majority of voter approval.
18-
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.

G. Amendment. Any amendment to
this Charter must be accomplished by
then existing California law and with a
majority of voter approval.

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.

G. Amendment. Any amendment to
this Charter must be accomplished by
than existing California law and with a
majority of voter approval.

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.

G. Amendment. Any amendment to
this Charter must be accomplished by
then existing California law and with a
majority of voter approval.

Page 4 of 4 ends

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.

t
y
p
e
,

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.

Page 1 of 2 ends

19-

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 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:

Page 1 of 2 ends

-1 g-

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 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:

Page 1 of 2 ends

-19- -26-

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 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:

Page 1 of 2 ends

-19-

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
20-
City of Bellflower
Resolution No. 22-41

Page 2 of 2 ends

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 1111'l DAY OF JULY 2022.

Ray Dunton, Mayor
ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
-20-
City of Bellflower
Resolution No. 22-41

Page 2 of 2 ends

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 11""l DAY OF JULY 2022.

Ray Dunton, Mayor
ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
-20- -27-
City of Bellflower
Resolution No. 22-41

Page 2 of 2 ends

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 11"“ DAY OF JULY 2022.

Ray Dunton, Mayor
ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
.20-

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.

Page 1 of 2 ends

21-

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

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

Page 1 of 2 ends

-21-

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

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

Page 1 of 2 ends

-21- -28-

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

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

Page 1 of 2 ends

.21-

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
22-
City of Bellflower
Resolution No. 22-42

Page 2 of 2 ends

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 11'"I DAY OF JULY 2022.

Ray Dunton, Mayor
ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger. City Attorney
-22-
City of Bellflower
Resolution No. 22-42

Page 2 of 2 ends

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 117"l DAY OF JULY 2022.

Ray Dunton, Mayor
ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
-22- -29-
City of Bellflower
Resolution No. 22-42

Page 2 of 2 ends

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 117"I DAY OF JULY 2022.

Ray Dunton, Mayor
ATTEST:

Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
.22-

23-
F BELLFL *4 0 ”We; C"
n « r [*0 WING min-“6U,
«a. stafteport
To: HonorabieMayor and Members-of the City Council
FROM: Jeffrey L. Stewart, City Manager
SUBJECT: Consideration and possible action to place a proposition on the March 2020 ballot regarding a City Charter recommended by the City Charter Ad Hoc Subcommittee.

DATE: October 28, 2019'

EXECUTIVE SUMMARY
On February 11 and March 11. 2019, the City Council formed the City Charter Ad Hoc.

Subcommittee (“Subcommittee”). The Subcommittee was comprised of Mayor Pro Tem Juan Garza, Council Member Raymond Y. Hamada, and seven Bellflower residents tasked with developing a City Charter and making a recommendation to the City Council. The Subcommittee held four meetings on July 15. August 8. August 29. and September 19. 2019, to review potential Charter language and discuss recommendations for the City Council's consideration.

The Subcommittee's recommendation comes at an opportune time for several reasons discussed below. The City Council may choose to place the draft City Charter on the March 3, 2020 ballot. All required official documents must be approved by December 6. 2019.

RECOMMENDATION TO CITY COUNQIL
1) Discuss the draft City Charter recommended by the City Charter Ad 'Hoc Subcommittee:
2) Consider whether to place a proposition regarding the City Charter on the March 3. 2020 ballot; or
3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
There is no significant cost associated with discussing the City Charter itself. The cost for placing a proposition on the ballot for the March 3, 2020 election will vary depending on the total number of propositions placed on that ballot. The threshold cost. however. is $200,000 ”based upon information received from the City Clerk’s office.

Page '1. of!
F BELLFL .fi 0 0% 6‘
'l 0‘
GROWING mut‘wfl'
«A stafjeport
T0: Honorable Mayor and Members of the City Council
FROM: Jeffrey L. Stewart, City Manager
SUBJECT: Consideration and possible action to place a proposition on the March 2020 ballot regarding a City Charter recommended by the City Charter Ad Hoc Subcommittee.

DATE: October 28, 2019

EXECUTIVE SUMMAR
On February 11 and March 11. 2019, the City Council formed the City Charter Ad Hoc Subcommittee ("Subcommittee”). The Subcommittee was comprised of Mayor Pro Tern Juan Garza, Council Member Raymond Y. Hamada, and seven Bellflower residents tasked with developing a City Charter and making a recommendation to the City Council. The Subcommittee held four meetings on July 15. August 8, August 29, and September 19, 2019, to review potential Charter language and discuss recommendations for the City Council's consideration.

RECOMMENDATION T0 ClTY COUNCIL
1) Discuss the draft City Charter recommended by the City Charter Ad Hoc Subcommittee:
2) Consider whether to place a proposition regarding the City Charter ion the March 3, 2020 ballot; or
3) Alternatively, discuss and take other action related to this item.

FISCAL IMPACT
There is no significant cost associated with discussing the City Charter itself. The cost" for placing a proposition on the ballot for the March 3, 2020 election will vary depending on the total number of propositions placed on that ballot. The threshold cost. however. is $200,000 based upon information received from the City Clerk's office.

Page '1 of 2
-30-
\d (“2 BELLFLOM
~ 4- r e» «OMB/o 1001““e
an stafjeport
TO: Honorable Mayor and Members ofthe City Council
FROM: Jeffrey L. Stewart, City Manager
SUBJECT: Consideration and possible action to place a proposition on the March 2020 ballot regarding a City Charter recommended by the City Charter Ad Hoc Subcommittee.

DATE: October 28, 2019

EXECUTIVE SUMMAR
On February 11 and March 11. 2019, the City Council formed the City Charter Ad Hoc Subcommittee ("Subcommittee"). The Subcommittee was comprised of Mayor Pro Tern Juan Garza, Council Member Raymond Y. Hamada, and seven Bellfiower residents tasked with developing a City Charter and making a recommendation to the City Council. The Subcommittee held four meetings on July 15. August 8, August 29. and September 19, 2019, to review potential Charter language and discuss recommendations for the City Council's consideration.

RECOMMENDATION T0 CITY COUNCIL
1) Discuss the draft City Charter recommended by the ’City Charter Ad *Hoc Subcommittee:
2) Consider whether to place a proposition regarding the City Charter on the March 3. 2020 ballot; or
3) Alternatively, discuss and take other action related to this item.

Page ‘1. of 2

24-
Staff Report - Charter Clty Ad Hoc Subcommittee Recommendations October 28, 2019

Page 2 of 2 ends

DISCUSSION
On February 11 and March 11, 2019, the City Council created the City Charter Ad Hoc Subcommittee comprised of Mayor Pro Tem Juan Garza, Council Member Raymond Y. Hamada, and the following seven individuals:

Chair Larry Wehage
Vice Chair Bob Snow
Subcommittee Member Chrissy Padilla Birkey
Subcommittee Member Mosheh Chanan
Subcommittee Member C.J. Nord
Subcommittee Member Cheryl Williams
Subcommittee Member Michele Worley
The Subcommittee met on July 15. August 8. August 29, and September 19, 2019. to review potential city charter language and discuss recommendations for City Council consideration.

The attached July 15, 2019. staff report for the Subcommittee provides a general overview of city charters. For Bellflower, the Subcommittee focused on the following areas in drafting the proposed City Charter:
0 Revisiting the question of district based elections after every decennial census beginning in 2021;
o Allowing the City to establish standards for competitively bid public works projects and adopt objective criteria allowing an award of bid based on “best value”;
0 Ensuring additional local controls over locally generated revenues; 0 Providing limits on City Council compensation;
0 Establishing specific requirements for maintaining sufficient general fund reserves; and
0 Providing intergovernmental immunity from uncompensated mandates imposed by any other governmental entities.

The draft Charter is intentionally succinct yet broadly worded to provide the City Council maximum flexibility while at the same time protecting local control. Among other things, the draft Charter would provide the City with the best argument for avoiding unfunded and unwelcome mandates imposed by the California Legislature.

If the City Council chooses to move forward with seeking voter approval for a City Charter, it should first consider the draft recommended by the Subcommittee. Once an acceptable Charter is identified, then the Council should consider whether to place the Charter onto a ballot. The next available election is March 3, 2020. All documents related to that election must be adopted not later than December 6, 2019.

Please note that three documents have been attached to the staff report:

1. July 15, 2019, Staff Report to the Subcommittee;

2. Draft City Charter as recommended by the Subcommittee; and

3. Comments by Mayor Pro Tem Garza regarding his position on the Draft City Charter.
-23.

Staff Report - Charter Clty Ad Hoc Subcommittee Recommendations October 28, 2019

Page 2 of 2 ends

Chair Larry Wehage
Vice Chair Bob Snow
Subcommittee Member Chrissy Padilla Birkey
Subcommittee Member Mosheh Chanan
Subcommittee Member C.J. Nord
Subcommittee Member Cheryl Williams
Subcommittee Member Michele Worley
The Subcommittee met on July 15, August 8, August 29, and September 19, 2019. to review potential city charter language and discuss recommendations for City Council consideration.

The attached July 15, 2019, staff report for the Subcommittee provides a general overview of city charters. For Bellflower, the Subcommittee focused on the following areas in drafting the proposed City Charter:
0 Revisiting the question of district based elections after every decennial census beginning in 2021;
o Allowing the City to establish standards for competitively bid public works projects and adopt objective criteria allowing an award of bid based on “best value”;
0 Ensuring additional local controls over locally generated revenues; Providing limits on City Council compensation;
. Establishing specific requirements for maintaining sufficient general fund reserves; and
0 Providing intergovernmental immunity from uncompensated mandates imposed by any other governmental entities.

Please note that three documents have been attached to the staff report:

1. July 15, 2019, Staff Report to the Subcommittee;

2. Draft City Charter as recommended by the Subcommittee; and

3. Comments by Mayor Pro Tem Garza regarding his position on the Draft City Charter.
-24. -31-
Staff Report — Charter City Ad Hoc Subcommittee Recommendatlons October 28, 2019

Page 2 of 2 ends

Chair Larry Wehage
Vice Chair Bob Snow
Subcommittee Member Chrissy Padilla Birkey
Subcommittee Member Mosheh Chanan
Subcommittee Member C.J. Nord
Subcommittee Member Cheryl Williams
Subcommittee Member Michele Worley
The Subcommittee met on July 15, August 8, August 29, and September 19, 2019. to review potential city charter language and discuss recommendations for City Council consideration.

The attached July 15, 2019, staff report for the Subcommittee provides a general overview of city charters. For Bellflower, the Subcommittee focused on the following areas in drafting the proposed City Charter:
0 Revisiting the question of district based elections after every decennial census beginning in 2021;
o Allowing the City to establish standards for competitively bid public works projects and adopt objective criteria allowing an award of bid based on “best value”;
0 Ensuring additional local controls over locally generated revenues; Providing limits on City Council compensation;
0 Establishing specific requirements for maintaining sufficient general fund reserves; and
0 Providing intergovernmental immunity from uncompensated mandates imposed by any other governmental entities.

Please note that three documents have been attached to the staff report:

1. July 15, 2019, Staff Report to the Subcommittee;

2. Draft City Charter as recommended by the Subcommittee; and

3. Comments by Mayor Pro Tem Garza regarding his position on the Draft City Charter.
.24.

25-
BELL]
of“ OF mow?»
q‘n't‘lm; Mifi‘ma‘
«h. stafteport
T0: "Members of the Charter Ad Hoc Subcommittee
FROM: Jeffrey L. Stewart, City Manager
SUBJECT: Initial Meeting of Charter City Ad: Hoc Subcommittee Consideration and possible action to receive and. file the report relative to the next steps.

DATE: July 1 5., 2019

EXECUTIVE SUMMARY
In February, the City Council formed a subcommittee to consider drafting a charter for the City of Bellflower. The underlying basis for this action was the California Legislature's ongoing actions to undermine cities' ability to govern themselves. if approved by voters, a City Charter may provide the City with the ability to exert greater autonomy (among other things) over its land use; economic development; and public works projects.

RECOMMENDATION TO SUBCOMMITTEE
'1) Receive and file the report and provide direction to the City Manager, or designs, as. desirable; or
2) Alternatively. discuss and take other action related to this item.

BACKGROUND
California has two types of cities: general law and charter cities. General law cities "are subject to all limitations imposed by California law. The only powers general law cities may exercise are those conferred by the California Constitution and California law. When Beltflower incorporated in 195?. it did so as a “general law" city. As a general law city, B'ellfiower is required to comply with all aspects of California law. > Charter Cities
Article XI. § 5(a), of the California Constitution — the “home rule” provision - affirmatively grants charter cities supremacy over "municipal affairs.” Charter cities are governed. in part. by their charter which represents a “constitution” and has the same effect as California statutes. Accordingly, a city charter represents the supreme law of a city subject only to conflicting provisions in the California or United States constitutions and preemptive state law on matters of statewide concern. While the term “municipal affairs" is not defined in the California Constitution, there are many areas courts recognize as being exclusively within. a charter city's home rule powers.

Pagc‘tol's
“LL
0 Staft'eport
OQOWIM; youfln‘“!
T0: Members of the Charter Ad Hoc Subcommittee
FROM: Jeffrey L. Stewart, City Manager
SUBJECT: Initial Meeting of Charter City Ad Hoc Subcommittee Consideration and possible action to receive and file the report relative to the next steps.

DATE: July 15. 2019

EXECUTIVE SUMMARY
In February. the City Council formed a subcommittee to consider drafting a charter for the City of Bellflower. The underlying basis for this action was the California Legislature's ongoing actions to undermine cities’ ability to govern themselves. if approved by voters, a City Charter may provide the City with the ability to exert greater autonomy (among other things) over its land use; economic development; and public works projects.

RECOMMENDATION TO SUBCOMMITI'EE
'1) Receive and file the report and provide direction to the City Manager, or designee, as desirable; or
2) Alternatively. discuss and take other action related to this item.

BACKGROUND
California has two types of cities: general law and charter cities. General law cities are subject to all limitations imposed by California law. The only powers general law cities may exercise are those conferred by the California Constitution and California law. When Bellflower incorporated in 1957. it did so as a “general law" city. As a general law city, Bellflower is required to comply with all aspects of California law. > Charter Cities
Article XI, § 5(a), of the California Constitution - the “home rule” provision - affirmatively grants charter cities supremacy over “municipal affairs." Charter cities are governed. in part. by their charter which represents a “constitution" and has the same effect as California statutes. Accordingly, a city charter represents the supreme law of a city subject only to conflicting provisions in the California or United States constitutions and preemptive state law on matters of statewide concern. While the term “municipal affairs" is not defined in the California Constitution, there are many areas» courts recognize as being exclusively within a charter city's home rule powers.

Page1of5
-32-
DELL! fl“ 0" "‘O‘Ve
II I St“flirt-sport ‘ IV a... a» ”WING 1006‘“
T0: Members of the Charter Ad Hoc Subcommittee
FROM: Jeffrey L. Stewart, City Manager
SUBJECT: Initial Meeting of Charter City Ad Hoc Subcommittee Consideration and possible action to receive and file the report relative to the next steps.

DATE: July 1 5, 2019

EXECUTIVE SUMMARY
In February, the City Council formed a subcommittee to consider drafting a charter for the City of Bellfiower. The underlying basis for this action was the California Legislature’s ongoing actions to undermine cities’ ability to govern themselves. If approved by voters, a City Charter may provide the City with the ability to exert greater autonomy (among other things) over its land use; economic development; and public works projects.

RECOMMENDATION TO SUBCOMMITI'EE
‘1) Receive and file the report and provide direction to the City Manager, or designee, as desirable; or
2) Alternatively, discuss and take other action related to this item.

BACKGROUND
California has two types of cities: generai law and charter cities. General law cities 'are subject to all limitations imposed by California law. The only powers general law cities may exercise are those conferred by the California Constitution and California law. When Bellflower incorporated in 1957, it did so as a “general law” city. As a general law city.

Bellflower is required to comply with all aspects of California law. > Charter Cities
Article XI, § 5(a), of the California Constitution — the “home rule” provision - affirmatively grants charter cities supremacy over “municipal affairs." Charter cities are governed, in part, by their charter which represents a “constitution” and has the same effect as California statutes. Accordingly, a city charter represents the supreme law of a city subject only to conflicting provisions in the California or United States constitutions and preemptive state law on matters of statewide concern. While the term “municipal affairs" is not defined in the California Constitution, there are many areas courts recognize as being exclusively within a charter city's home rule powers.

Page‘tofs

26-
Staff Report - Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019

Page 2 of 5 ends

BACKGROUND - Continued
Whether an activity is a municipal affair or of statewide concern is a legal determination for the courts to resolve. Thus, the determination of whether a given activity is a municipal affair or statewide concern is done on a case by case basis. The court's determination will depend on the particular facts and circumstances of each case. Note that a “municipal affail” can change over time as local issues become statewide concerns. > Areas of Statewide Concern
While not an exhaustive list, California courts recognize the following as matters of statewide ooncem:
. School systems;
0 Regulating traffic and vehicles;
0 Franchises for telephone or telegraph lines;
0 Licensing of members of a trade or profession:
. Claims against a governmental entity;
0 The Ralph M. Brown Act open meetings law;
. The Meyers-Milias—Brown Act regarding employee organization; 0 The California Environmental Quality Act (“CEQA”); and 0 Exercise of the power of eminent domain.
> iltl'nrnr'cr'pall Affairs
“Municipal affairs” — over which a charter city has complete control - are recognized (in part) as follows:
0 Gifts of Public Funds. The constitutional ban on gifts of public funds does not apply to charter cities. This may be particularly important for Bellflower since dissolution of its Redevelopment Agency as the City works to revitalize its downtown. 0 Planning and Land Use. The California Planning and Land Use Law generally does not apply to charter cities except to the extent that a charter city adopts these provisions. The same is true of zoning regulations. However, the Legislature and the courts have made certain other land use and zoning provisions applicable to charter cities, some of which are listed below:
-28-
Staff Report - Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019

Page 2 of 5 ends

BACKGROUND - Continued
Whether an activity is a municipal affair or of statewide concern is a legal determination for the courts to resolve. Thus, the determination of whether a given activity is a municipal affair or statewide concern is done on a case by case basis. The court's determination will depend on the particular facts and circumstances of each case. Note that a “municipal affair” can change over time as local issues become statewide concerns. > Areas of Statewide Concern
While not an exhaustive list, California courts recognize the following as matters of statewide ooncem:
. School systems;
0 Regulating traffic and vehicles;
0 Franchises for telephone or telegraph lines;
0 Licensing of members of a trade or profession;
0 Claims against a governmental entity;
0 The Ralph M. Brown Act open meetings law;
. The Meyers-Milias-Brown Act regarding employee organization; 0 The California Environmental Quality Act (“CEQA”); and . Exercise of the power of eminent domain.
> Municipal Affairs
“Municipal affairs” — over which a charter city has complete control - are recognized (in part) as follows:
0 Gifts of Public Funds. The constitutional ban on gifts of public funds does not apply to charter cities. This may be particularly important for Bellflower since dissolution of its Redevelopment Agency as the City works to revitalize its downtown. . Planning and Land Use. The California Planning and Land Use Law generally does not apply to charter cities except to the extent that a charter city adopts these provisions. The same is true of zoning regulations. However, the Legislature and the courts have made certain other land use and zoning provisions applicable to charter cities, some of which are listed below:
-26- -33-
Staff Report - Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019

Page 2 of 5 ends

BACKGROUND - Continued
Whether an activity is a municipal affair or of statewide concern is a legal determination for the courts to resolve. Thus, the determination of whether a given activity is a municipal affair or statewide concern is done on a case by case basis. The court's determination will depend on the particular facts and circumstances of each case. Note that a ”municipal affair" can change over time as local issues become statewide concerns. > Areas of Statewide Concem
While not an exhaustive list, California courts recognize the following as matters of statewide ooncem:
c School systems;
0 Regulating traffic and vehicles;
0 Franchises for telephone or telegraph lines;
0 Licensing of members of a trade or profession;
0 Claims against a governmental entity;
0 The Ralph M. Brown Act open meetings law;
0 The Meyers-Milias-Brown Act regarding employee organization; 0 The California Environmental Quality Act (“CEQA”); and 0 Exercise of the power of eminent domain.
> Municipal Afl'airs
“Municipal affairs” — over which a charter city has complete control - are recognized (in part) as follows:
0 Gifts of Public Funds. The constitutional ban on gifts of public funds does not apply to charter cities. This may be particularly important for Bellflower since dissolution of its Redevelopment Agency as the City works to revitalize its downtown. 0 Planning and Land Use. The California Planning and Land Use Law generally does not apply to charter cities except to the extent that a charter city adopts these provisions. The same is true of zoning regulations. However, the Legislature and the courts have made certain other land use and zoning provisions applicable to charter cities, some of which are listed below:
-25-

27-
Staff Report - Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019

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BACKGROUND - Continued
A charter city’s general plan must contain all mandatory elements. However, charter cities need not comply with the zoning consistency provisions.

Charter cities must follow minimum procedural standards in conducting land use hearings. However, noticing requirements are left to the discretion of the charter city, provided they meet due process requirements.

Charter cities must comply with requirements for low- and moderate-income housing within coastal zones.

Charter cities may not adopt ordinances that discriminate against residential development because of the method of financing, the race, sex, color, religion, national origin, ancestry, age, or economic statute of a tenant occupant.

Charter cities must adhere to time limitations related to challenging land use decisions.

Charter cities must comply with standards for approving housing developments including designating sufficient vacant land for residential use; refraining from imposing design criteria that inhibit the development of affordable housing; and refrain from imposing certain fees for public capital facility improvements related to a development project.

Like general law cities, charter cities must provide density bonuses, incentives, and other concessions for low and moderate-income housing development.

Charter cities are subject to the provisions of the Permit Streamlining Act, which governs the review and approval of development projects.

Charter cities are subject to limits and procedures regarding the adoption of interim zoning ordinances.

The Subdivision Map Act is applicable to charter cities.

CEQA applies to charter cities.
0 Public Works. A charter may regulate street improvements and establishment and maintenance of sewers and storm drains within the city's boundaries. 0 Public Works Contracts. A charter city may provide — either in the charter or by ordinance — whether the Public Contract Code applies to public works projects. If a charter city opts not to follow the Public Contract Code, it is not required to only select the lowest bidder on a contract (unless federal or state grant monies require otherwise) and may select particular vendors.
0 Municipal Contracting. Municipal contracting procedures are municipal affairs. -25-
Staff Report - Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019

Page 3 of 5 ends

BACKGROUND - Continued
A charter city's general plan must contain all mandatory elements. However, charter cities need not comply with the zoning consistency provisions.

Charter cities must comply with requirements for low- and moderate-income housing within coastal zones.

Charter cities must adhere to time limitations related to challenging land use decisions.

Like general law cities, charter cities must provide density bonuses, incentives, and other concessions for low and moderate-income housing development.

Charter cities are subject to the provisions of the Permit Streamlining Act, which governs the review and approval of development projects.

Charter cities are subject to limits and procedures regarding the adoption of interim zoning ordinances.

The Subdivision Map Act is applicable to charter cities.

CEQA applies to charter cities.
0 Public Works. A charter may regulate street improvements and establishment and maintenance of sewers and storm drains within the city’s boundaries. 0 Public Works Contracts. A charter city may provide - either in the charter or by ordinance - whether the Public Contract Code applies to public works projects. If a charter city opts not to follow the Public Contract Code, it is not required to only select the lowest bidder on a contract (unless federal or state grant monies require otherwise) and may select particular vendors.
0 Municipal Contracting. Municipal contracting procedures are municipal affairs. -25- -34- Staff Report — Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019

Page 3 of 5 ends

BACKGROUND - Continued
A charter city's general plan must contain all mandatory elements. However, charter cities need not comply with the zoning consistency provisions.

Charter cities must comply with requirements for Iow— and moderate-income housing within coastal zones.

Charter cities must adhere to time limitations related to challenging land use decisions.

Like general law cities, charter cities must provide density bonuses, incentives, and other concessions for low and moderate-income housing development.

Charter cities are subject to the provisions of the Permit Streamlining Act, which governs the review and approval of development projects.

Charter cities are subject to limits and procedures regarding the adoption of interim zoning ordinances.

The Subdivision Map Act is applicable to charter cities.

CEQA applies to charter cities.
0 Public Works. A charter may regulate street improvements and establishment and maintenance of sewers and storm drains within the city’s boundaries. 0 Public Works Contracts. A charter city may provide - either in the charter or by ordinance — whether the Public Contract Code applies to public works projects. If a charter city opts not to follow the Public Contract Code, it is not required to only select the lowest bidder on a contract (unless federal or state grant monies require otherwise) and may select particular vendors.
0 Municipal Contracting. Municipal contracting procedures are municipal affairs. —23-

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Staff Report - Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019

Page 4 of 5 ends

BACKGROUND - Continued
> Legal/Practical Considerations
Although not necessarily “disadvantages” to the adoption of a charter, the City Council should consider the following issues:
0 Because a charter is a limitation on power, rather than a grant of powers, a charter should be carefully drafted to avoid denying the city powers that are otherwise available to general law cities. This also requires that the city take an active role in amending the charter to incorporate any new general law powers created by the legislature.
o The effect of change on both the city government and its constituents. General opposition and/or reluctance to change can create potential controversy. 0 Determining whether specific matters are “municipal affairs" and further determining whether to litigate to exercise such powers. Although the above list of “municipal affairs" may seem broad, constant shifts in state law can affect a charter city’s powers. For example, a charter power to tax or to othenrvise raise revenue, may not be immune from state legislation which reallocates or “raids” such municipal income. This is another area where the city would be required to stay on top of pending state legislation and try to stay ahead of the budgetary ax. > Procedures
A city can adopt a charter two ways. First, a city council can draft a charter by itself and then place it on the ballot for voter consideration. Second, voters may elect a charter commission at a special or general election. That commission then drafts a charter and causes it to be placed on the ballot for voter consideration. The Bellfiower City Council chose to explore drafting a charter by utilizing this subcommittee.

Whether drafted by the city council or by a charter commission, voters must approve a proposed charter. If approved by a majority of voters, the charter is deemed adopted and becomes effective upon being accepted by the California Secretary of State. > Form of the Charter
City charters need not be complicated. While large cities — such as Los Angeles — do have lengthy charters, smaller cities may not. Attached is a draft charter for consideration.

As may be read, that Charter contains, among other things, specific powers for public works contracts, public financing, and franchises.

Staff Report - Initlal Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019

Page 4 of 5 ends

BACKGROUND - Continued
> Legal/Practical Considerations
Although not necessarily “disadvantages” to the adoption of a charter, the City Council should consider the following issues:
0 Because a charter is a limitation on power, rather than a grant of powers, a charter should be carefully drafted to avoid denying the city powers that are othenrvise available to general law cities. This also requires that the city take an active role in amending the charter to incorporate any new general law powers created by the legislature.
o The effect of change on both the city government and its constituents. General opposition and/or reluctance to change can create potential controversy. 0 Determining whether specific matters are “municipal affairs" and further determining whether to litigate to exercise such powers. Although the above list of “municipal affairs” may seem broad, constant shifts in state law can affect a charter city's powers. For example, a charter power to tax or to otherwise raise revenue, may not be immune from state legislation which reallocates or “raids” such municipal income. This is another area where the city would be required to stay on top of pending state legislation and try to stay ahead of the budgetary ax. > Procedures
A city can adopt a charter two ways. First, a city council can draft a charter by itself and then place it on the ballot for voter consideration. Second, voters may elect a charter commission at a special or general election. That commission then drafts a charter and causes it to be placed on the ballot for voter consideration. The Bellflower City Council chose to explore drafting a charter by utilizing this subcommittee.

Whether drafted by the city council or by a charter commission, voters must approve a proposed charter. If approved by a majority of voters, the charter is deemed adopted and becomes effective upon being accepted by the California Secretary of State. > Farm of the Charter
City charters need not be complicated. While large cities - such as Los Angeles — do have lengthy charters, smaller cities may not. Attached is a draft charter for consideration.

As may be read, that Charter contains, among other things, specific powers for public works contracts, public financing, and franchises.
-35-
Staff Report — Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019

Page 4 of 5 ends

BACKGROUND - Continued
> Legal/Practical Considerations
Although not necessarily “disadvantages” to the adoption of a charter. the City Council should consider the following issues:
0 Because a charter is a limitation on power, rather than a grant of powers, a charter should be carefully drafted to avoid denying the city powers that are otherwise available to general law cities. This also requires that the city take an active role in amending the charter to incorporate any new general law powers created by the legislature.
o The effect of change on both the city government and its constituents. General opposition and/or reluctance to change can create potential controversy. 0 Determining whether specific matters are “municipal affairs” and further determining whether to litigate to exercise such powers. Although the above list of “municipal affairs” may seem broad, constant shifts in state law can affect a charter city's powers. For example, a charter power to tax or to othenNise raise revenue, may not be immune from state legislation which reallocates or “raids" such municipal income. This is another area where the city would be required to stay on top of pending state legislation and try to stay ahead of the budgetary ax. > Procedures
A city can adopt a charter two ways. First, a city council can draft a charter by itself and then place it on the ballot for voter consideration. Second, voters may elect a charter commission at a special or general election. That commission then drafts a charter and causes it to be placed on the ballot for voter consideration. The Bellflower City Council chose to explore drafting a charter by utilizing this subcommittee.

Whether drafted by the city council or by a charter commission, voters must approve a proposed charter. If approved by a majority of voters, the charter is deemed adopted and becomes effective upon being accepted by the California Secretary of State. > Form of the Charter
City charters need not be complicated. While large cities - such as Los Angeles — do have lengthy charters, smaller cities may not. Attached is a draft charter for consideration.

As may be read, that Charter contains, among other things, specific powers for public works contracts, public financing, and franchises.

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Staff Report — Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019

Page 5 of 5 ends

BACKGROUND - Continued
> Considerations for Beliflower
Like all cities in California, Bellflower’s powers of self-govemance are being eroded by the California Legislature. Land use regulations; opportunities for economic development; and the ability to contract with vendors that will serve the City best are constrained by state regulations that are frequently implemented by special interests lobbying the California Legislature. A city charter may be one tool to help Bellflower regain its ability to exert local sovereignty and best serve its residents.

ATTACHMENT
Draft City Charter ............................................................................................................ 6 Staff Report - Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019

Page 5 of 5 ends

BACKGROUND - Continued
> Considerations for BeIIflower
Like all cities in California, Bellflower’s powers of self-govemance are being eroded by the California Legislature. Land use regulations; opportunities for economic development; and the ability to contract with vendors that will serve the City best are constrained by state regulations that are frequently implemented by special interests lobbying the California Legislature. A city charter may be one tool to help Bellflower regain its ability to exert local sovereignty and best serve its residents.

ATTACHMENT
Draft City Charter ............................................................................................................ 6 -36-
Staff Report - Initial Meeting of the Charter City Ad Hoc Subcommittee July 15, 2019

Page 5 of 5 ends

BACKGROUND - Continued
> Considerations for Bellflower
Like all cities in California. Bellflower’s powers of self-govemance are being eroded by the California Legislature. Land use regulations; opportunities for economic development; and the ability to contract with vendors that will serve the City best are constrained by state regulations that are frequently implemented by special interests lobbying the California Legislature. A city charter may be one tool to help Bellflower regain its ability to exert local sovereignty and best serve its residents.

A1TACHMENT
Draft City Charter ............................................................................................................ 6

30-

CHARTER FOR THE

CITY OF

BELLFLOWER
I. Preamble
We, the People of the City of Bellfiower,
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 Bellfiower 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 govemanoe 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.

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
Page1of4

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.

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.

Ill. General Laws; City Council
Authority.

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

Page 1 of 4 ends

-37-

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.
ll. Municipal Affairs; Generally.

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 govemanoe 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
Bellfiower. Enumeration by this Charter
of any particular power does not
constitute a limitation upon the City's
general grant of powers under
applicable law.

Ill. General Laws; City Council
Authority.

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

Page 1 of 4 ends

31-
pursue economic opportunities and safe
and legal residential housing.

IV. Governance; Elections.

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 MD) 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

Page 2 of 4 ends

pursue economic opportunities and safe
and legal residential housing.

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 othenNise
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 |V(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

Page 2 ends

-38-
pursue economic opportunities and safe
and legal residential housing.

IV. Governance; Elections.

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 MD) 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

Page 2 ends

32-
public streets, highways or other rights-
of-way.

C. Enterprises. The City may own
and operate any enterprise the City
Council finds necessary to benefit the
public welfare.

D. Fiscal Responsibility and
Stability. The City must maintain
sustainable public finances; ensure City
policies aids economic growth; and
invest appropriate levels of public
resources to support infrastructure,
recreation, and public safety. While
doing so, the City Council must ensure
that it holds at least 20% of the City’s
general fund revenue in reserves. Upon
declaring a fiscal emergency by 4/5
vote, the City Council may reduce this
percentage to a level that is reasonable
under the circumstances of the fiscal
emergency.

VI. Intergovernmental Immunity.

A. City Revenues. All revenues
generated or collected by the City for
any public purpose cannot be
involuntarily retained, attached,
withdrawn or otherwise taken by any
other governmental entity including,
without limitation, the state of California
or any of its subdivisions.

B. Uncompensated Mandates.

Elected or appointed person acting on
the City’s behalf cannot be compelled to
perform services by any other
governmental entity including, without
limitation, the state of California or any
of its subdivisions, without adequate
compensation.

Vll. 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:

B. “Best value" means a
procurement process whereby the
lowest responsible bidder may be
selected on the basis of objective
criteria for evaluating the qualifications
of bidders with the resulting selection
representing the best combination of
price and qualifications.

C. Minimum Wage. The City Council
may establish criteria to determine
whether a project qualifies for payment
of a minimum wage less 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).

Page 3 of 4 ends

42-
public streets, highways or other rights-
of-way.

C. Enterprises. The City may own
and operate any enterprise the City
Council finds necessary to benefit the
public welfare.

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:

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.

Page 3 of 4 ends

49- -39-
public streets, highways or other rights-
of-way.

C. Enterprises. The City may own
and operate any enterprise the City
Council finds necessary to benefit the
public welfare.

VI. lntergovemmental Immunity.

A. City Revenues. All revenues
generated or collected by the City for
any public purpose cannot be
involuntarily retained. attached,
withdrawn or othenrvise 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:

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.

Page 3 of 4 ends

42-

33-
Vlll. 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 Charters
effective date.

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.

Page 4 of 4 ends

-33-
Vlll. 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.

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.

Page 4 of 4 ends

43- -40-
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.

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 Charters
effective date.

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.

Page 4 of 4 ends

43-

Page 1 of 2 ends

TO: Honorable Mayor and Members of the City Council
ATTENTION: Karl H. Berger, City Attorney
SUBJECT: Suppemental Report for Item No. 13-B.

DATE: July 11, 2022

RECOMMENDATION TO CITY COUNCIL
1)Receive and file the survey results from Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) regarding a potential City Charter ballot measure; 2)Receive and file this report. Then take no further action; and 3)

A
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n
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,

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i
s

i
t
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m
.

FISCAL IMPACT
The City will save $165,503.07 by not taking the actions recommended in Agenda Item No. 13-B.

DISCUSSION
Agenda Item No. 13-B recommends placing a City Charter onto the ballot for voter consideration on November 8, 2022. It also recommends receiving survey results from Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) regarding that potential ballot measure.

In preparing for the July 11, 2022, I reviewed the City Council’s past actions for drafting and considering the proposed City Charter. Between 2018 and 2022, the City Council held six meetings (3/26/2018; 2/11/2019; 3/11/2019; 10/28/2019; 5/3/22; and 5/23/22) to review, discuss, and ultimately approve the draft Charter included in Item No. 13-B.

Unfortunately, none of these meetings were noticed or conducted as a public hearing.

When the City Council first began consideration of this issue in 2018, an internal schedule of dates was drafted based upon the California statutes that govern the method by which a Charter may be approved by voters (see, p.3). That was subsequently amended in 2018 as an internal working document with revised dates (see, p.4).

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Staff Report – City Charter
July 8, 2022

Page 2 of 2 ends

For various reasons, the City Council postponed additional consideration of the City Charter from 2018 until 2019. Between October 2019 and now, however, the internal public hearing schedule was not updated.

California law is very particular regarding the noticing requirements and method for public hearings involving adopting a city charter (a minimum of two public hearings; 21 days for noticing the public hearings; 30 days must elapse between the first and second public hearing; matter may be placed onto the ballot 21 days after the second public hearing).

Based upon those statutes, it is apparent that there is insufficient time to conduct the public hearings and place this matter onto the ballot before the August 2022 deadline established by the Elections Code: a minimum of 51 days is needed but there are only 31 days (from July 11th) until the Elections Code deadline for placing matters on the ballot.

Accordingly, it is recommended that the City Council not take the action recommended in Agenda Item No. 13-B other than to receive and file the survey results from FM3.

If the City Council wishes to proceed with the Charter issue, then the public hearing processes would commence in late 2023 to be completed in time for the November 2024 general statewide election. That is the next election date allowed for a new city charter per Elections Code § 1415.
2 -42-

1.Charter will be drafted by City Council.

2.Hold first public hearing May 14, 2018 with the CC regarding fact that charter is being proposed and content of proposed charter. (Technically, May 28, 2018 would be sufficient for calculating purposes, but that is Memorial Day…).
a.Public hearing notice posted three public places; 21 calendar days prior to hearing

3. 30 days (or more) later, hold second public hearing with the CC on June 25, 2018 regarding fact that charter is being proposed and content of proposed charter a.Public hearing notice posted three public places by June 4, 2018 (21 calendar days prior to hearing)

4. 21 days (or more) later, Council can place proposed charter on ballot at July 23, 2018 CC Meeting.
a. Vote on charter can proceed under either GC 34458 or EC 1415 i.If there are at least 88 days before the next statewide general election (November 6, 2018), then the proposed charter must be placed on the ballot for that election
b.Charter has to include new city powers that result from the adoption of the charter, including whether the city council will have the power to raise its own compensation and the compensation of other city officials without voter approval. GC 34458.5. c. Copies of the proposed charter must be printed in at least 10-point type. GC 34456. 3 -43-

First Opportunity Scenario
1st PH
Post
(1stPH -21)1st PH
2nd PH
(1st PH +30)
2nd PH Post
(2ndPH -21)
Action to Ballot
(2PH +21)
(must be > 8/10/18;
E-188)
4/30/18 5/21/18 6/20/18 5/30/18 7/11/18
Last Opportunity Scenario
1st PH
Post
(1stPH -21)1st PH
2nd PH
(1st PH +30)
2nd PH Post
(2ndPH -21)
Action to Ballot
(2PH +21)
(must be > 8/10/18;
E-188)
5/15/18 6/5/18 7/5/18 6/14/18 7/26/18
S44S

§ 1415. Charter proposals, CA ELEC § 1415
© 2022 Thomson Reuters. No claim to original U.S. Government Works.1 West's Annotated California Codes
Elections Code (Refs & Annos)
Division 1. Established Election Dates (Refs & Annos)
Chapter 5. Special Elections (Refs & Annos)
West's Ann.Cal.Elec.Code § 1415
§ 1415. Charter proposals
Effective: January 1, 2014
Currentness
(a)(1) Except as provided in paragraph (2), a city or city and county charter proposal proposed by the governing body of a city or city and county on its own motion that qualifies pursuant to Section 9255 shall be submitted to the voters at the next established statewide general election pursuant to Section 1200 occurring not less than 88 days after the date of the order of election. (2) The governing body of a city or city and county may direct that either of the following be submitted to the voters at the next regularly scheduled general municipal election pursuant to Section 1301, or at any established statewide general or statewide primary election pursuant to Section 1200 or 1201, occurring not less than 88 days after the date of the order of election:
(A) A charter proposal that proposes to amend a charter in a manner that does not alter any procedural or substantive protection, right, benefit, or employment status of any local government employee or retiree or of any local government employee organization.
(B) A charter proposal that proposes to amend a charter solely to comply with a court injunction or consent decree or with federal or state voting rights laws.
(b) A city or city and county charter proposal that proposes to amend or repeal a charter and is proposed by a petition signed by 15 percent of the registered voters of a city or 10 percent of the registered voters of a city and county, pursuant to subdivision (c) of Section 9255, shall be submitted to the voters at the next regularly scheduled general municipal election pursuant to Section 1301, or at any established statewide general or statewide primary election pursuant to Section 1200 or 1201, occurring not less than 88 days after the date of the order of election.

Credits
(Added by Stats.1996, c. 1143 (S.B.1200), § 34, eff. Sept. 30, 1996. Amended by Stats.2013, c. 184 (S.B.311), § 1.) Notes of Decisions (2)
West's Ann. Cal. Elec. Code § 1415, CA ELEC § 1415
Current with urgency legislation through Ch. 43 of 2022 Reg.Sess. Some statute sections may be more current, see credits for details
End of Document © 2022 Thomson Reuters. No claim to original U.S. Government Works. ⴴ㔭

220-6490
City of Bellflower
Charter Issues Survey
‘ OPINION
{F M3* RESEARCH
RESEARcH &STRATEGY
\1x
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:

City of Bellflower
Charter Issues Survey

OPINION
F M3 RESEARCH
RESEARcH &STRATEGY
ⴴ㘭
City of Bellflower
Charter Issues Survey

OPINION
F M : RESEARCH
RESEARcH &STRATEGY

1 Survey Specifics and Methodology
June 22nd –

J
u
l
y

5 th, 2022Dates
Dual-mode Voter SurveySurvey Type
Likely November 2022 Voters in City of BellflowerResearch Population 405Total Interviews
(Full Sample) ±4.9% at the 95% Confidence Level
(Half Sample) ±6.9% at the 95% Confidence LevelMargin of Sampling Error Contact Method(s)
Data Collection Mode(s)
June 2020, January-February 2020, 2018, 2016, 2015 & 2012Surveys Tracking English and SpanishLanguages
(Note: Not All Results Will Sum to 100% Due to Rounding) Telephone
Calls
Email
Invitations
Telephone
Interviews
Online
Interviews
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2 ." ' '4 ’
Mood of the
Electorate and Context
Mood of the
Electorate and Context
ⴴ㠭
H!
Mood of the
Electorate and Context

3 A plurality have mixed views of the City’s
direction; for the first time since this
question was asked, less than a majority
have a favorable view.

Q1. Do you think things in the City of Bellflower are generally headed in the right direction, or do you feel that things are

o
ff on the wrong track?
Differences in Wording of Previous Surveys
41%
56%
55%
65%
64%
50%
15%
10%
11%
16%
18%
21%
35%
22%
23%
16%
9%
13%
11%
19%
18%
13%
2022
June 2020
January-February 2020
2016
2015
2012
Right Direction Wrong Track Mixed Don't Know

RESEARCH
Iii

RESEARCH
ⴴ㤭WT.

RESEARCH

4 Cost of living, homelessness and lack of
affordable housing are among the top concerns.

Q7. I’d like to read you a list of things that some people say may be problems facing the City of Bellflower. Please tell me whether you think it is a very serious problem, somewhat serious, not too serious, or not at all a serious problem in Bellflower today. Split Sample 56%
66%
48%
35%
46%
30%
17%
31%
41%
28%
8%
11%
12%
16%
13%
5%
5%
9%
6%
5%
The cost of living
The number of homeless
A lack of affordable housing
The local economy
A lack of housing affordable for
working-

a
n
d

m
i
d
d
l
e
-
c
l
a
s
s

individuals and families
Very Ser. Prob.Smwt. Ser. Prob.Not Too Ser. Prob.Not at All Ser. Prob.Don't Know Total Ser. Prob.
86%
83%
79%
76%
73%
(Ranked by Total Serious Problem)

RESEARCH
ⴵ〭

5 Continued
Q7. I’d like to read you a list of things that some people say may be problems facing the City of Bellflower. Please tell me whether you think it is a very serious problem, somewhat serious, not too serious, or not at all a serious problem in Bellflower today. Split Sample 33%
29%
24%
14%
14%
5%
38%
42%
30%
38%
33%
17%
10%
18%
34%
33%
32%
34%
5%
6%
11%
13%
18%
38%
13%
6%
A lack of good paying jobs
Blight and abandoned buildings
Traffic and congestion on
local streets and roads
The condition of streets and roads
Lack of adequate parking in the
downtown area
Too much growth and development
Very Ser. Prob.Smwt. Ser. Prob.Not Too Ser. Prob.Not at All Ser. Prob.Don't Know Total Ser. Prob.
71%
71%
54%
53%
47%
22%
(Ranked by Total Serious Problem)
.2
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Potential
City Charter Measure
Potential
City Charter Measure
ⴵ㈭
H!
Potential
City Charter Measure

7 Potential City Charter Measure
Q3. If there were an election today, do you think you would vote “yes” in favor of this measure or “no” to oppose it? Shall the Bellflower City Charter to enhance
local control over municipal affairs and
better challenge efforts by agencies outside of
the City’s jurisdictions seeking to impose policies
upon the City’s residents without local approval
and requiring all changes to the charter be
approved by voters, be adopted?
(As Approved by Legal Counsel)

RESEARCH
WE

RESEARCH
ⴵ㌭WT.

RESEARCH

8 21%
23%
6%
6%
9%
16%
19%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
Yes
50%
Total
No
31%
One-in-two initially support the proposed
City Charter measure, with overall
three-in-ten initially undecided.
44%
Q3. If there were an election today, do you think you would vote “yes” in favor of this measure or “no” to oppose it? ⴵ㐭

9 ." ' '4 ’
An Explanation of
the Proposed
City Charter Measure
An Explanation of
the Proposed
City Charter Measure
ⴵ㔭
H!
An Explanation of
the Proposed
City Charter Measure

10 Background Description
Q5. Having heard this, do you think you would vote “yes” in favor of this measure to establish Bellflower as a charter city, or “no” to oppose it? Currently, Bellflower is a general law city, meaning that the California Legislature makes generic laws governing the City. Becoming a charter city would give more local authority over Bellflower regulations which are tailored to the specific needs of the community. This measure would establish Bellflower as a charter city to provide more local control in determining land use and contracts with
vendors. About one-quarter of California cities are charter cities, including Downey, Cerritos, Long Beach, Whittier, and Signal Hill.

RESEARCH
WE

RESEARCH
ⴵ㘭WT.

RESEARCH

11 After a brief description of the measure,
overall support increases 25 percentage points and
those having said they would definitely vote yes
increases 21 percentage points – well above the
simple majority threshold needed for passage.

Q3 & Q5. If there were an election today, do you think you would vote “yes” in favor of this measure or “no” to oppose it? Initial Vote Vote After Description
21%
23%
6%
6%
9%
16%
19%
42%
26%
7%
1%
6%
6%
12%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
Yes
50%
Total
No
31%
Total
Yes
75%
Total
No
14%
44%68%
ⴵ㜭

12 ." ' '4 ’
Impacts of
Educational and Critical
Statements on the
City Charter Measure
Impacts of
Educational and Critical
Statements on the
City Charter Measure
ⴵ㠭
H!
Impacts of
Educational and Critical
Statements on the
City Charter Measure

13 46%
45%
30%
30%
76%
75%
Much More Incl.Smwt. More Incl.

The fact that other Gateway cities have become charter
cities; that it will better protect local control on building and land use; and that it will allow the city to be more efficient on infrastructure/revitalization projects and the creation of housing are among leading reasons to support the measure.

Q8. I am going to read you some statements made by supporters

o
f
this ballot measure. Please tell me if it makes you more inclined to vote yes

o
n

t
h
e

Bellflower City Charter Measure.
(Ranked by Total More Inclined to Vote Yes)
(OTHER CITIES) 8 neighboring Gateway cities, including Downey, Cerritos, Long Beach, Whittier, and Signal Hill, have become charter cities to give them more local control and protect the character and quality of life in their communities. We should do the same. (DEVELOPMENT) Becoming a charter city will give Bellflower and its residents more local control over how and where we build more affordable housing-rather than taking orders from the state to build housing developments that have no size or height limits and no parking and traffic control standards.

RESEARCH
ⴵ㤭

14 43%
46%
48%
32%
27%
23%
75%
73%
71%
Much More Incl.Smwt. More Incl.

Q8. I am going to read you some statements made by supporters

o
f
this ballot measure. Please tell me if it makes you more inclined to vote yes

o
n

t
h
e

Bellflower City Charter Measure.
(Ranked by Total More Inclined to Vote Yes)
Continued
(COST OF CONTRACTS) Becoming a charter city could potentially reduce the City's costs and improve efficiency for infrastructure contracts related to Bellflower's Business Assistance Program, neighborhood revitalization, and creating housing for working-

a
nd
middle-class individuals and families. This could save the City significant amounts of taxpayer dollars each year-funds that could be used for other vital city services.
(NO NEW TAX) This measure does not

g
i
v
e

t
h
e

C
i
t
y

C
o
u
n
c
i
l

t
h
e

p
o
w
e
r

to raise our taxes. As is the law now, any new tax measure would have to be approved by voters.
(BELLFLOWER FIRST) Becoming a charter city will allow Bellflower to create laws that put our residents and City first. We will have increased protection against unwanted state laws handed down from Sacramento that are not in the best interest of our city.

RESEARCH
y _ _

RESEARCH
ⴶ〭!fi- — — RESEARCH

15 Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
21%
23%
6%
6%
9%
16%
19%
Total
Yes
50%
Total
No
31%
44%
Initial Vote Vote After
Education
Vote After
Description
Q3, Q5 & Q9. If there were an election today, do you think you would vote “yes” in favor of this measure or “no” to oppose it? After education, overall support increases a modest
one percentage point, from 75 to 76 percent,
but those saying they would definitely vote yes
increases five points, from 42 to 47 percent.
42%
26%
7%
1%
6%
6%
12%
Total
Yes
75%
Total
No
14%
68%
47%
24%
6%
2%
7%
6%
9%
Total
Yes
76%
Total
No
15%
51%
ⴶㄭ

16 22%
17%
20%
23%
43%
41%
Much More Incl.Smwt. More Incl.

Concerns that the City is trying to use the Charter to avoid building more affordable housing and the worry that passing a City Charter could lead to corruption and bankruptcy are among the leading reasons to oppose the measure.

But the City is just trying to pass this charter measure to get around state requirements to build more housing that is affordable to seniors and working individuals and families.
(NO RULES) Becoming a charter city makes it easier for corrupt politicians to line their pockets at our expense. They have greater authority to raise their own pay and give political favors and lucrative city contracts to their corporate special interest and wealthy friends. We've seen this happen before in places like Bell, a city that quickly went bankrupt after adopting a charter.

RESEARCH
wri- — — RESEARCH
ⴶ㈭!fi- — — RESEARCH

17 15%
15%
12%
17%
11%
13%
31%
26%
24%
Much More Incl.Smwt. More Incl.

10. I am going to read you some statements made by opponents of this ballot measure. Please tell me if it makes you more inclined to vote no on the Bellflower City Charter Measure.
(Ranked by Total More Inclined to Vote No)
Continued
(MORE TAXES) Supporters say this measure won't raise taxes, but cities that adopt a charter always seem to ask for more taxpayer money soon after. We shouldn't vote for this deceptive measure. (LABOR UNION) Becoming a charter city sounds like a positive reform, but it is really a trick to go after union workers and allow the City to avoid fair wage standards and other laws meant to protect hard working people.
(UNNECESSARY) This measure is simply not necessary.

There's nothing wrong with the way our city runs now.
ⴶ㌭

18 21%
23%
6%
6%
9%
16%
19%
42%
26%
7%
1%
6%
6%
12%
47%
24%
6%
2%
7%
6%
9%
33%
22%
6%
4%
11%
8%
15%
Total
No
31%
Total
No
14%
Total
No
24%
Total
No
15%
Definitely yes
Probably yes
Undecided,
lean yes
Undecided,
lean no
Probably no
Definitely no
Undecided
Total
Yes
50%
Total
Yes
75%
Total
Yes
61%
Total
Yes
76%
44%68%71%55%
Q3, Q5, Q9 & Q11. If there were an election today, do you think you would vote “yes” in favor of this measure or “no” to oppose it? After hearing critical statements, overall support drops 15 percentage points, from 76% to 61% -- but remains
above the threshold for passage and the margin of error.

Initial
Vote
Vote After
Education
Vote After
Description
Vote After
Critical Statements
ⴶ㐭

19 ." ' '4 ’
Conclusions Conclusions
ⴶ㔭
H!
Conclusions

20 Conclusions
Initially, 1-in-2 would vote yes on Bellflower becoming a Charter City, but only roughly two-in-ten said they would definitely vote yes.
Three-in-ten are initially undecided on the measure.
After a brief description of what being a Charter City is, particularly around it providing the City an opportunity for more local control, and the fact that one-quarter of California cities are already Charter cities, including Downey, Cerritos and Long Beach, overall support
increases 25 percentage points, from 50% to 75%.

RESEARCH
WE

RESEARCH
ⴶ㘭WT.

RESEARCH

21 Conclusions; Continued
After education, overall support remains high at 76%,
with 47% having said they would definitely vote yes.
After critical statements, overall support drops 15
percentage points, from 75 to 61 percent, but remains
above the simple majority needed for passage and above
the margin of error.
The City Charter measure appears viable at this time;
however, legally permissible outreach to explain why the City is asking voters to decide on this action will be
needed to help voters make an educated decision.

RESEARCH
WE

RESEARCH
ⴶ㜭WT.

RESEARCH

220-6490
City of Bellflower
Charter Issues Survey
‘ OPINION
{F M3* RESEARCH
RESEARcH &STRATEGY
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:

City of Bellflower
Charter Issues Survey

OPINION
F M3 RESEARCH
RESEARcH &STRATEGY
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City of Bellflower
Charter Issues Survey

OPINION
F M : RESEARCH
RESEARcH &STRATEGY

Bellflower City CouncilMay 13, 2024

Bellflower City Council
May 13, 2024