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TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works SUBJECT:Consideration and possible action to read by title only, waive further reading, and introduce Ordinance No. 1461 – An Ordinance adding Section 3.30.140 to the Bellflower Municipal Code delegating authority for subcontractor substitutions on public works contracts.
DATE: September 14, 2026
EXECUTIVE SUMMARY
The proposed Ordinance would add § 3.30.140 to the Bellflower Municipal Code (“BMC”) to authorize the City Manager or designee to approve or deny certain subcontractor substitutions, assignments, and transfers on City public works contracts. This change would allow these contract administration matters to be handled by staff instead of requiring separate City Council action. The Ordinance would not change the legal requirements for notice, hearings, or findings when those requirements apply.
RECOMMENDATION TO CITY COUNCIL
1) Read by title only, waive further reading, and introduce Ordinance No. 1461 adding § 3.30.140 to the Bellflower Municipal Code authorizing the City Manager or designee to approve or deny subcontractor substitutions, assignments and transfers on City public works contracts; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The Ordinance will have no fiscal impact. It does not create a new program, require new staff, or add operating costs. It only clarifies who will handle subcontractor substitution requests under existing public works contracts.
PUBLIC NOTICE
This item has been noticed as part of the regular City Council agenda in accordance with California law. No additional public notice is required. -1-
Staff Report – Ordinance on Subcontractor Substitutions September 14, 2026
ENVIRONMENTAL REVIEW
The Ordinance is exempt from additional review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000,et seq., the “CEQA Guidelines”) because, under CEQA Guidelines §§ 15061(b)(3) and 15378(b)(5), it establishes internal governmental procedures for administering public works contracts and has no potential to cause a significant effect on the environment.
DISCUSSION
Charter Article VII allows the City Council to adopt rules for the bidding, award, and performance of public works contracts. Charter Article VIII also allows the Council to carry out the Charter by ordinance or resolution.
BMC Chapter 3.30 establishes the City’s procedures for public works contracts. The chapter authorizes the City Manager to administer those procedures. Under BMC § 3.30.020, the term “City Manager” includes the City Manager’s designee. Unless the City Manager names another person in writing, the Director of Public Works serves as the City Manager’s designee for Chapter 3.30.
Public Contract Code § 4107 regulates certain requests to replace, assign, or transfer listed subcontractors on public works contracts. The law allows the awarding authority, or an authorized officer, to approve or deny those requests. If a listed subcontractor timely objects to a proposed substitution, the law requires notice and a hearing before the substitution may be approved.
The proposed Ordinance would add BMC § 3.30.140. The new section would authorize the City Manager to act for the City on subcontractor substitution matters under Public Contract Code § 4107. This includes approving or denying a proposed substitution, assignment, or transfer; giving required notice; holding hearings when required; and making the related findings and decisions required by law.
The Ordinance would make clear that the City Manager may handle these matters as part of administering City public works contracts. It would improve efficiency while preserving all procedures and protections required by California law.
ATTACHMENT
Ordinance No. 1461 ........................................................................................................ 3 -2-
CITY OF BELLFLOWER
ORDINANCE NO. 1461
AN ORDINANCE ADDING SECTION 3.30.140 TO THE
BELLFLOWER MUNICIPAL CODE DELEGATING
AUTHORITY FOR SUBCONTRACTOR SUBSTITUTIONS
ON PUBLIC WORKS CONTRACTS
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A. Bellflower City Charter (“Charter”) Article VII authorizes the City Council, by ordinance, to establish standards, procedures, rules, and regulations governing all aspects of the bidding, award, and performance of public works contracts.
B. Charter Article VIII(C) authorizes the City Council to implement all aspects of the Charter by ordinance or resolution, and Article VIII(A) directs that the Charter be broadly construed to facilitate the City’s exercise of powers regarding municipal affairs.
C. Bellflower Municipal Code (“BMC”) Chapter 3.30 establishes procedures for public works contracts and authorizes the City Manager to administer that chapter.
D. BMC § 3.30.020 defines “City Manager” to include the City Manager’s designee and provides that, unless otherwise designated by the City Manager in writing, the Director of Public Works is the City Manager’s designee for purposes of Chapter 3.30.
E. Public Contract Code § 4107 authorizes an awarding authority, or its duly authorized officer, to consent to or deny certain substitutions, assignments, or transfers of subcontractors on public works contracts and establishes notice and hearing requirements for contested substitution requests.
F. The purpose of this Ordinance is to expressly authorize the City Manager to administer and decide matters arising under Public Contract Code § 4107 so that subcontractor substitution matters are handled efficiently as part of the administration of City public works contracts.
G. As required by Charter Article III(B), the City Council finds that this Ordinance does not unduly burden a person’s ability to pursue economic opportunities and safe and legal residential housing.
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City of Bellflower
Ordinance No. 1461
SECTION 2. BMC § 3.30.140 is added to the BMC to read as follows:
“***
§ 3.30.140. Subcontractor Substitutions.
The City Manager may approve or deny the substitution, assignment, or transfer of a subcontractor on a City public works contract, including giving required notices, conducting hearings, and making related findings and determinations, in accordance with applicable law.”
SECTION 3.Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 4.Enforceability. Repeal of any provision of the Bellflower Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 5.Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6.Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.
SECTION 7.Recordation; Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other city ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 8.Environmental Assessment. The City Council finds that adoption of this Ordinance is exempt from additional review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000,et seq., the “CEQA Guidelines”) because, under CEQA Guidelines §§ 15061(b)(3) and 15378(b)(5) the Ordinance establishes internal governmental procedures that have no potential to cause a significant effect on the environment. -4-
City of Bellflower
Ordinance No. 1461
SECTION 9.Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 10.Effective Date. This Ordinance will become effective 30 days after adoption.
ORDINANCE NO. 1461 HAD ITS FIRST READING ON SEPTEMBER 14, 2026, ITS SECOND READING ON ____________, AND WAS DULY PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF ___________.
Sonny R. Santa Ines, Mayor
ATTEST:
__________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
_____________________________________
By: Joaquin Vazquez, Deputy City Attorney
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