Bellflower Municipal Code Ch. CHA The Charter (CA)

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.

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.

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.

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.