A CITY OF POMONA
COUNCIL REPORT
October 18, 2021
To: Honorable Mayor and Members of the City Council From: James Makshanoff, City Manager
Submitted By: Rosalia A. Butler, City Clerk
SUBJECT: ADOPTION OF A RESOLUTION ACCEPTING THE FINAL REPORT OF THE CHARTER REVIEW COMMISSION 2020 AND THE
COMMISSION' S REQUEST TO PLACE THE PROPOSED
AMENDMENTS ON THE BALLOT FOR THE NOVEMBER 8, 2022
GENERAL MUNICIPAL ELECTION
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2021- 98 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POMONA, CALIFORNIA, ACCEPTING THE FINAL
REPORT OF CHARTER REVIEW COMMISSION 2020 AND THE
COMMISSION' S REQUEST TO PLACE THE PROPOSED AMENDMENTS
ON THE BALLOT FOR THE NOVEMBER 8, 2022 GENERAL MUNICIPAL
ELECTION
EXECUTIVE SUMMARY: In accordance with Article XVII, Section 1701 of the Pomona City Charter, the City Council appointed the Charter Review Commission 2020 ( CRC) on December 16, 2019 to consider and propose amendments to the existing Charter. The proposed resolution Attachment 1) presentsthe final report of the CRC including eight (8) proposed ballot measures and related requests. By adopting the resolution, the City Council is complying with the City Charterby acceptingthe report of the Charter Review Commission and directing the City Clerk to take the necessaryactions to place the proposed Charter amendmentson the ballot at the next general municipal election on November 8, 2022.
FISCAL IMPACT: The estimatedcostto submit the proposedCharter amendmentsto the City' s voters at the next established municipal election date ( November 8, 2022) is approximately 12, 500 per measure, or a total of $ 100, 000. In addition, there will be estimated set-up costs between$ 200, 000 and$ 300, 000. Such costs will be incurred regardless of the number of measures placed on the ballot. This base set-up cost will also be incurred if any other measures from the public or City Council are placed on the ballot, and are not solely associated with the proposed ATTACHMENT NO. 1
Charter Review Commission Proposed Amendments
Charter amendments. These costs will need to be included in the FY 2022- 23 Operating Budget within the City Clerks annual budget.
PREVIOUS RELATED ACTIONS:
December 16, 2019 - the City Council appointed the Charter Review Commission for 2020.
July 6, 2020 - Resolution 2020- 104 extended the deadline to June 30, 2021 and clarified procedures.
January 4, 2021 - the Council provided feedback related to primary elections andthe creation of an independent redistricting commission.
April 5, 2021 - the Council provided feedback to term limits for elected officials, modifications to the language related to the formation of the CRC, and adding a preamble.
May 3, 2021 — the Council provided feedback related to campaign finance, resign to run, agendaposting deadlines, and creation of a Police Commission.
June 7, 2021 — the Council provided feedback related to realignment of City Council Districts and other general updates to the City Charter.
DISCUSSION:
In accordance with Article XVII, Section 1701 of the Pomona City Charter, the City Council appointed the Charter Review Commission 2020 ( CRC) on December 16, 2019 to consider and propose amendments to the existing Charter. The term of the CRC began on January 9, 2020 and was expected to last twelve months. However, due to the impact of the COVID- 19 pandemic, the City Council extended the term of the CRC through June 30, 2021. In accordance with the Charter, the CRC has the ability to place charter amendmentsdirectly on the ballot in November 2022.
While the CRC solicited feedback from the City Council, the CRC made the ultimate determination of what amendments the CRC places on the ballot. The City Council may also place charter amendments on the ballot independent of the CRC.
Approval of the proposed resolution( Attachment 1) acknowledges the final report of the CRC and directsthe City Clerk to take thenecessarystepsto place the measureson theballot for the election on November 8, 2022. The City Clerk will present to the Council the resolutions calling for the election and other necessary actions at a later date, probably sometime in 2022 closer to the election when applicable deadlines and logistics for that election will be better known. The eight proposed measures for the ballot include:
1) add a Police Oversight Commission;
2) add an Ethics Commission;
3) add an Independent Redistricting Commission;
4) add term limits for elected positions of three ( 3) consecutive terms followed by a four 4) year cooling off period;
5) add a" resign to run" measure;
6) add a local primary election;
7) update Campaign Finance provisions; and
8) a General Charter Update with various modifications.
The report from the Charter Review Commission provides details of these proposals ( Exhibit A of the Resolution). The report includes the proposed ballot question for each measure and the preferred order that the measures would be placed on the ballot. It includes some instructions for avoiding overlapping or conflicting measure language in the event multiple measures pass. It also Charter Review Commission Proposed Amendments
requests that the City Council provide members of the CRC priority in submitting arguments in favor of the measures.
One of the last issuespresentedat a City Council meeting involved the potential to realign City Council District elections. The CRC did not submit a measure to realign the City Council District elections becausethis suggestioncameup near the end of their term and the CRC did not believe it had sufficient time to review and analyze the proposal.
Prepared by: Linda Matthews, Human Resources/ Risk Management Director and Staff Liaison to the Charter Review Commission
ATTACHMENTS:
Attachment No. 1 — Resolution 2021- 98 Accepting Report of Charter Review Commission 2020 Exhibit A— Report of the Charter Review Commission 2020 ATTACHMENT NO. I
RESOLUTION NO. 2021- 98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA,
CALIFORNIA, ACCEPTING THE FINAL REPORT OF CHARTER REVIEW COMMISSION 2020 AND THE COMMISSION' S REQUEST TO PLACE THE PROPOSED AMENDMENTS ON THE BALLOT FOR THE NOVEMBER 8, 2022
GENERAL MUNICIPAL ELECTION
WHEREAS, in accordance with Article XVII, Section 1701 of the Pomona City Charter, the City Council appointed the members of Charter Review Commission 2020 ( CRC) on December 16, 2019 to consider and propose amendments to the existing Charter; WHEREAS, the last time the Charter was amended was in 1998; WHEREAS, the term of the CRC began on January 9, 2020;
WHEREAS, due to the COVID- 19 worldwide pandemic, on July 6, 2020 the City Council extended the term of the CRC to June 30, 2021 via Resolution No. 2020- 104; WHEREAS, the Charter Review Commission adopted its final report on June 24, 2021 and submitted it to the City Clerk on June 30, 2021; and
WHEREAS, the City is required to accept the report from the Charter Review Commission and place the proposedamendmentson the ballot as submitted by the CRC.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. The City Council accepts the report from the CRC, as reflected in Exhibit A, attached hereto, which provides for placement of eight( 8) separate measures on the November 8, 2022 ballot to amend existing portions of the Charter and the addition of some new language or sections; and other related requests.
SECTION 2. The City Council directs the City Clerk to bring back the resolutions necessary for placement of the eight( 8) proposed ballot measures on the ballot for November 8, 2022.
SECTION 2. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall becomeeffective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 18ti DAY OF OCTOBER, 2021.
Resolution No. 2021- 98
October 18, 2021
CITY OF POMONA:
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adoptedby the City Council of the City of Pomona at a regular meeting thereof held on October 18, 2021 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rosalia A. Butler, MMC
City Clerk
Resolution No. 2021- 98
September 20, 2021
Exhibit A
r
City of Pomona Charter Review Commission 2020
June 24, 2021
Ms. Rosalia Butler
City Clerk
City of Pomona
505 S. Garey Ave., Box 660
Pomona, CA 91769
RE: Charter Review Commission Proposals for Placement on the November 8, 2022 Ballot Dear Ms. Butler:
Attached please find the Report from the Charter Review Commission 2020, including the Proposed Amendments to the Pomona City Charter, submitted pursuant to Article XVII of the City Charter. Please place the following measures, with the suggested ballot questions and preferred order, on the November 8, 2022 General Municipal Election ballot for consideration by the City of Pomona electorate:
A) For the Police Oversight Commission Measure
Shall the City Charter be amended to create a police oversight YES commission of Pomona residents who shall be authorized to receive community complaints and concerns about police matters; to review, investigate and report on incidents in connection with the Pomona Police NO
Department; and to advise City officials and conduct public outreach on policing/ community relations issues?"
B) For the Ethics Commission Measure
Shall the City Charter be amended to create an ethics commission of YES Pomona residents who shall be responsible for monitoring, advising, educating and responding to issues regarding applicable State and local governmental ethics laws, including campaign finance limits and NO
disclosure, nepotism, lobbying, conflict of interest and open meeting laws, and for the administration and implementation of programs to accomplish the goals and purposes of the commission?"
CRC Memo to the City Clerk June 24, 2021, page 2
C) For the Independent Redistricting Commission Measure:
Shall the City Charter be amended to create an independent citizens' YES redistricting commission of Pomona residents who shall determine the boundaries of City Council electoral districts every ten years or as needed after the United States Census in accordance with applicable Federal and NO
State law?"
Also, the resolution for the Independent Redistricting measure should indicate that if the voters pass both this measure and the General Charter measure, the language in Section 203 of the Redistricting Measure will supersede Section 203 of the General Charter measure.
D) For the Term Limits Measure:
Shall the City Charter be amended to enact a three consecutive term limit YES on elected service in Pomona, whether serving as Mayor or as a Council Member, followed by a four- year " cooling off" period after serving three consecutive terms during which a person may not serve on the City NO
Council?"
E) For the Resign to Run Measure:
Shall the City Charter be amended to establish a " resign to run" rule YES whereby any current City Councilmember running for Mayor must resign his or her Council seat if the new Mayoral term will begin before the City NO Councilmember' s current term ends?"
F) For the Local Primary Measure:
Shall the City Charter be amended to establish a local primary election for YES the office of Mayor and City Councilmember to coincide with the Statewide Primary Election, beginning in the year 2024; whereby if a candidate secures majority voter approval in the local primary, he or she NO
will be elected, and if no candidate secures majority voter approval, the top two candidates shall stand for a run- off election to coincide with the Statewide General Election?"
G) For the Campaign Finance Measure:
Shall the City Charter be amended to change the City' s campaign finance YES and conflict of interest laws; including updates to the City' s campaign contribution limits, voluntary expenditure ceiling, rules for use of surplus CRCMemo to the City Clerk June 24, 2021, page 3
campaign funds and mandating disclosure of certain campaign NO contributions by a Councilmember prior to casting a vote on a City matter where the contributor is the applicant?"
H) For the General Charter Update Measure:
Shall the City Charter be amended to make various updates and YES clarifications to City policy, including addition of a preamble outlining the City's values, updating rules for filling Mayoral and Council vacancies, increasing notice of public meetings, updating rules for appointed NO
commissions and boards, and making various other technical changes as specified therein?"
Also, the resolution for the General Charter measure should indicate that if the voters pass both this measure and the Independent Redistricting Commission measure, the language in Section 203 of the Redistricting Measure will supersede Section 203 of the General Charter measure.
Respectfully submitted,
The Commissioners of the Charter Review Commission 2020 VDerengdah'
John Clifford, Vice Ch
Efrain, bed
q
AnnToml ips
Dean Rudenauer T
ward
C4
Euni e ussell
CRC Report to the City Clerk
1151Ulthr,.
REPORT
OF THE CITY OF POMONA
CHARTER REVIEW COMMISSION 2020
June 24, 2021
Derek Engdahl, Chair
John Clifford, Vice- Chair, District 1
Efrain Escobedo, District 2
Ann Tomkins, District 3
Dean Rudenauer, District 4
Edward Jimenez, District 5
Eunice Russell, District 6
CRC Report to the City Clerk
Final Charter Amendments for the November 8, 2022 Ballot Pursuant to Article XVII of the City Charter, the Charter Review Commission has approved the following charter amendments to be placed on the ballot as separate measures for the November 8, 2022 General Municipal Election:
1. Add a Police Oversight Commission ( Attachment A)
2. Add an Ethics Commission ( Attachment B)
3. Add an Independent Redistricting Commission ( Attachment C)
4. Add Term Limits ( Attachment D)
5. Add a Resign to Run for Mayor provision ( Attachment E)
6. Add a Primary Election ( Attachment F)
7. Revise Campaign Finance provisions ( Attachment G)
8. Approve a General Charter Update ( Attachment H)
o Add a preamble to reflect City values
o Update and/ or clarify a variety of provisions, such as outdated terms, cost of living Indexes, election timelines, and website posting requirements o Revise how Council vacancies are filled and prohibits a person appointed to fill a vacancy from seeking election in the next general or special election for that office ( Section 403) o Describe power and duties of City Council members ( Section 501) o Increase agenda posting deadlines for meetings of the City Council, Boards, and Commissions ( Section 503 and 804)
o Eliminate requirement to appoint the City Manager for an indefinite term ( Section 601) o Require a report to the City Council every 5 years related to incentives for employees to become residents ( Section 701)
o Combine Director of Finance and City Treasurer to reflect current structure ( Section 701 and other various sections)
o Revise language regarding Boards and Commissions ( Article VII) o Add a reporting requirement regarding the residency of City employees and incentives o Clarify the independence of and procedures for the Charter Review Commission o Change newspaper posting requirements for public hearings from 14 to 10 days to better align with newspaper deadlines and Council meetings o Other various language clarifications
As provided for in the Charter, the City Clerk shall ensure these measures are placed on the next general election on November 8, 2022. The CRCalso respectfully requests the City Council to designate members of the Charter Review Commission to have priority in writing arguments in support of the measures.
Overview of the CRC' s Work
The Charter Review Commission 2020 ( CRC) was appointed on December 16, 2019. The members of the CRC are as follows:
Derek Engdahl, Mayor' s appointee and Chair
John Clifford, District 1 appointee
Efrain Escobedo, District 2 appointee
Ann Tomkins, District 3 appointee
Dean Rudenauer, District 4 appointee
Edward Jimenez, District 5 appointee
Eunice Russell, District 6 appointee
CRC Report to the City Clerk
Staff Liaison to the CRC was Human Resources/ Risk Management Director Linda Matthews. The role of Secretary was initially performed by City Clerk Rosalia Butler, and later by Deputy City Clerk Alison Glynn. Deputy City Attorney William J. (Jim) Priest of Best, Best and Krieger, served as legal counsel.
The ( CRC) met three times in January and February 2020, and then the COVID- 19 pandemic resulted in the Commission going dark in March and April of 2020. Meetings began in a virtual format in May 2020.
On July 6, 2020, City Council Resolution 2020- 104 was passed. This resolution extended the deadline for the Commission to complete its work from December 31, 2020 to June 30, 2021 due to the pandemic.
The resolution also clarified certain procedures.
The CRCmet a total of 27 times, including both regular and special meetings. In addition, through the Staff Liaison, the CRCpresented each of the concepts they were considering during a City Council meeting to obtain additional feedback and input from the City Council and members of the public. The specific date of the City Council meetings and proposals presented are as follows:
January 4, 2021— primary elections and independent redistricting commission April 4, 2021— term limits for elected officials, language related to amending the Charter and formation of the CRC, and adding a preamble
May 3, 2021— campaign finance, resign to run for Mayor, agenda posting deadlines, and police commission
June 7, 2021— realigning District elections and a variety of changes to the City Charter( as described above under the general charter amendment proposal.
Additional Recommendations by the Charter Review Commission As summarized above, there are a number of changes being proposed by the CRCfor the voters to consider. The CRC also observed that since the last Charter amendment presented to the voters in 2012 did not pass, there were a number of issues remaining to be addressed. The CRCdid not have time to fully vet and propose specific amendments to all of the issues it had identified. Two areas the CRC specifically wanted to identify as tasks for either the City Council and/ or next Charter Review Commission to review include the realignment of district elections and the compensation provisions for the City Council.
Realignment of District elections. One of the last proposals presented by the CRCto the City Council was to realign the elections for District 1, 2, and 3 with the Mayoral election, which coincides with Presidential elections, and the elections for District 4, 5, and 6 on the opposite election cycle, which coincides with Gubernatorial elections. This proposal received mixed feedback at the City Council meeting and also among the CRCmembers. Since the proposal came up near the end of the CRCterm, the CRCdid not believe it had time to fully vet the proposal and declined to place it on the ballot.
However, the CRCdid want to indicate that this is an area they believe merits review for issues of equity and an opportunity to increase voter participation.
Compensation of City Council members. The Charter provides specific methods for setting both the salary and expenses for City Council members. In the " General Charter Update" measure ( Attachment H) the CRCis proposing some minor updates related to the cost of living indexes used to implement these provisions. However, it did not have time to fully review these areas and wanted to highlight this as something that should be reviewed in the future.
CRC Report to the City Clerk
Conclusion
In conclusion, the Charter amendment proposals presented herein are the result of many hours of research; feedback from the public, City Council, and staff; and spirited discussion. It is now respectfully left to the voters to decide whether such proposals should be implemented.
Attachments— Full Text of All Measures:
A. Police Commission
B. Ethics Commission
C. Independent Redistricting Commission
D. Term Limits
E. Resign to Run
F. Primary Election
G. Campaign Finance
H. General Charter Update
Attachment A
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA
ADDING A POLICE OVERSIGHT COMMISSION
Add the following new Section to the City Charter:
ARTICLE VIII. Appointive Boards and Commissions
Sec. 806. - Police Oversight Commission
a) There hereby is established the Pomona Police Oversight Commission ( hereinafter, Commission), which is established to increase the accountability and public confidence in the Pomona Police Department and the police complaint process and provide a forum for community conversations about the operation and review of law enforcement activities. b) The Commission shall have the following functions and duties:
1. Advise the Mayor, City Council, City Manager and/ or Police Chief on all police and law enforcement community relations issues.
2. Conduct public outreach to educate the community on the purpose of the Commission and to hear from the community with respect to policing.
3. Review information and statistics regarding police complaints, policies and practices and advise the Pomona Police Department in matters pertaining to police policies and practices.
4. Receive community complaints and concerns and refer them to the City Manager, Police Department, and/ or an independent auditor, investigator or inspector general for review and response.
5. Authorize the use of an independent auditor, investigator, or inspector general, review and/ or investigate incidents arising out of or in connection with the actions of sworn personnel of the Pomona Police Department, including the death of any individual arising from the use of force or actions of sworn police personnel, complaints of use of force against a minor and other incidents involving sworn personnel of the Pomona Police Department as determined by a majority of the Commission' s membership.
6. Discuss results of reviews and investigations and share such results in public meetings to the extent legally permissible under State and Federal law.
7. Following a review and/ or investigation, make findings and recommendations to the City Manager and Police Chief related to allegations of misconduct.
8. Submit findings and recommendations to the Police Chief and City Manager who shall consider them when making disciplinary determinations, provided that the Commission makes such findings and recommendations and submits them to the Police Chief and City Manager prior to disciplinary action being taken.
9. Prepare and submit an annual report to the City Council on Commission activities and recommendations.
A- 1
Attachment A
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA
ADDING A POLICE OVERSIGHT COMMISSION
10. Perform other duties and exercise other powers as may be prescribed by this Charter or by Ordinance or Resolution of the City Council as more particularly set forth in subsection ( f).
c) Notwithstanding Section 801 of this Charter, the Commission shall be comprised of five members appointed by a majority vote of the City Council. Each Commissioner shall serve four years and may be reappointed by a majority vote of the City Council except that the initial terms for two of the members, as determined by the City Council, shall be two years to ensure continuity. Mid- term vacancies shall be filled by a majority vote of the City Council. The Commission shall be made up exclusively of Pomona residents who have the ability to be fair and impartial, reflect the diversity of the community and possess other additional qualifications as determined by the City Council. The City Council shall promptly remove a Commissioner for violations of confidentiality, refusal to complete any required training or other violations as determined by the City Council. No person who currently serves or has served as police personnel may serve on the Commission within five ( 5) years of the day of their last date of employment.
d) City Departments shall cooperate, provide relevant documents, and render all necessary and reasonable assistance to the Commission in support of the duties specified herein. The Commission may issue subpoenas to require the attendance of witnesses, including persons employed by the City of Pomona, and the production of documents and records pertinent to the investigation and to administer oaths to such witnesses and to take testimony to the extent permissible by law.
e) The City Council shall provide funding, staffing, training, and resources to ensure the Commission can successfully perform its duties and exercise its powers. Any independent auditor, investigator or inspector general retained or hired to assist the Commission shall be selected by the City Council or City Manager, subject to approval of the Commission, by a majority vote of the membership of the Commission.
f) The Commission may make recommendations to the City Council for enacting legislation or regulations that will further the goals and purposes of this section. The City Council may, on its own motion, enact legislation or regulations that will further the goals and purposes of this section, but shall not adopt such legislation or regulations that reduce the duties or powers of the Commission or which otherwise conflict with this section. Legislation or regulations proposed by the Council shall be submitted to the Commission for review and comment. The Commission shall have sixty ( 60) days to submit its comments to the City Council, such time to be extended only by consent of the City Council. The City Council shall consider the Commission comments prior to enacting any legislation or regulations." A- 2
Attachment B
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA
ADDING AN ETHICS COMMISSION
Add the following new Section to the City Charter:
ARTICLE VIII. Appointive Boards and Commissions
Sec. 807. - Ethics Commission
The Pomona City Council shall, by ordinance, establish an Ethics Commission which shall be responsible for:
a) Monitoring and advising on applicable governmental ethics laws as set forth in State law, this Charter or City ordinance, regulation or policy, including but not limited to campaign finance limits and disclosure, nepotism, lobbying, conflict of interest and open meeting laws, to assure fairness, openness, honesty and integrity in City government, including compliance by the City of Pomona, its elected officials, officers, employees, boards and commissions with said laws, regulations or policies.
b) Education and responding to issues regarding the aforementioned laws, regulations, and policies; and
c) Impartial and effective administration and implementation of programs to accomplish the goals and purposes of the Commission as defined by this Section." B- 1
Attachment C
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA ESTABLISHING AN
INDEPENDENT REDISTRICTING COMMISSION
Amend the City Charter as follows:
ARTICLE II — Boundaries of City and Council Districts
Sec. 201. - City Boundaries.
The boundaries of the City shall be the boundaries as established at the time this Charter takes effect, but said boundaries may be changed in the manner prescribed by applicable Federal and State law.
Sec. 202. - Council Districts.
The City is hereby divided into six ( 6) Council districts, to be defined by the Cut CoURGilas set forth in this Article.
Sec. 203. - Changes in Boundaries of Council Districts-- Pomona Independent Redistricting Commission Established.
The beundarnes of said GeunGil diStriGtS, but not the number thereof, may be GhaRged by erdiRaRGe adepted by the COURGil by a five seveRths ( 5/ 7) vote of all its members; prA mid-Jee-d-J, th-at diStFiGtS established by the GE)
URGil shall
be as ReaFly equal OR pepulatieR and as GE)MpaGt as
availability of the information frem eaGh deGennial United States Gensys or on another basis adopted by five seVeRthS (54) vete ef the tetal membeFship of the CE)URG01; hewever-, RE) suGh Ghange shall be made within the peried Of eRe hundred twenty ( 120) days preGediRg a ReGessary by Ghanges to the Gity boundaries. After the GeunGil has GRGeexerGised its power to beUR dries spe Gified by erdina RGeadopted by the CO inril a) The exclusive authority to redraw Council district boundaries is vested in the Pomona Independent Redistricting Commission.
b) The Commission shall:
1) Be independent of Mayor and City Council control; 2) Conduct an open and transparent process enabling full public consideration of and comment on the drawing of Council district boundaries;
3) Comply with the provisions in this article; and 4) Conduct itself with integrity and fairness.
c) The Commission may:
C- 1
Attachment C
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA ESTABLISHING AN
INDEPENDENT REDISTRICTING COMMISSION
1) Adopt for itself rules of procedure not in conflict with this article; and 2) Adopt rules and regulations for the interpretation and implementation of this article.
Sec. 204— Power and Duty of Commission to Adopt Council District Boundary Map. a) Within one year of census- block- level population data from a regular United States decennial census being made available to the public the Commission shall adopt a final map establishing new Council district boundaries and a final report explaining its decision. The final map shall include a precise map and written description of the boundaries of each Council district, as well as the future sequencing of Council elections to implement the final map. In the final report, the Commission shall explain the rationale for the Council district boundaries, including, at a minimum, an explanation of how the final map complies with the redistricting requirements and criteria in Section 208 of this article and a reasonable justification for any Council district boundary that does not comply with any redistricting criterion.
b) A Commission- adopted final map has the force and effect of law and is effective immediately upon adoption, unless on the date of adoption there are less than one hundred eighty ( 180) days until the next City election, in which case the final map shall not go into effect until after that election and after any applicable run- off election following that election.
c) If the Commission does not adopt a final map by the deadline in subsection ( a), the City Attorney shall petition the Superior Court for an order prescribing new Council district boundaries in accordance with the redistricting criteria and requirements set forth in Section 208 and Elections Code section 21629.
d) The Commission shall review and, if required by law, redraw Council district boundaries once per decade as provided in subsection ( a), unless the Commission is reconvened by a vote of two- thirds of the City Council to address significant population changes, legal challenges, or other issues, or is ordered to do so by a court. e) Any territory that is annexed, consolidated, or otherwise attached to the City shall be allocated to a Council district pursuant to this subsection, effective upon the completion of such annexation, consolidation, or other proceedings. The City Clerk shall update the final map accordingly.
1) If the territory' s boundary is contiguous to the boundary of not more than one Council district, the territory shall be allocated to that Council district. 2) If the territory' s boundary is contiguous to the boundaries of two or more Council districts, the territory shall be allocated to the Council district with which it shares the longest boundary.
3) If the territory' s boundary is not contiguous with the boundary of any C- 2
Attachment C
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA ESTABLISHING AN
INDEPENDENT REDISTRICTING COMMISSION
Council district, the territory shall be allocated to the closest Council district.
Sec. 205. — Commission Organization.
a) The Commission shall consist of 6 commissioners and 6 alternates. Alternates may fully participate in Commission deliberations but may not vote and may not be counted towards the establishment of a quorum. Alternates are subject to the same terms of office, qualifications, restrictions, and standards of conduct as other commissioners under this article. Members of the Commission, including alternates, shall serve without compensation.
b) The term of office of each commissioner begins on or about February 1 of each year ending in one and expires on the same date of the next year ending in one. Sixty 60) days after a final map has been adopted, the Commission shall cease to meet, unless reconvened by order of a court of competent jurisdiction, or by the City Attorney to consider settlement options if the final map is legally challenged or by the City Council as provided by Section 204( d) above.
c) Four ( 4) commissioners constitute a quorum. The removal of a commissioner or alternate pursuant to Section 207( 8); the approval of additional redistricting criteria; and the approval of a proposed final map, final map, and final report require the affirmative votes of four ( 4) commissioners. All other Commission actions require the affirmative vote of a majority of commissioners present.
d) At its first meeting, the Commission shall select one commissioner to serve as Chair and one to serve as Vice Chair. The Commission may designate other officers from its membership, and may establish subcommittees.
Sec. 206 — Commissioner Qualifications, Requirements and Post- Service Restrictions.
a) Each commissioner must be a registered voter of the City and must either:
1) Have voted in a City election immediately preceding his or her application to be on the Commission; or
2) Have been a resident of the City for at least two ( 2) years immediately preceding his or her application to be on the Commission. b) The persons identified in California Elections Code Section 23000( c) and ( d) or successor statute, are not eligible to be a commissioner. c) Commissioners appointed under this article shall not engage in any of the activities identified in California Elections Code Section 23000( e), or successor statute. d) If a redistricting commissioner is currently serving on another City board or C- 3
Attachment C
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA ESTABLISHING AN
INDEPENDENT REDISTRICTING COMMISSION
commission, he or she must resign from that board or commission before commencing service with the Redistricting Commission.
Sec. 207. — Commissioner Selection and Removal.
a) The City Clerk shall initiate and publicize the application process to serve on the Commission. Applicants shall attest on the application, under penalty of perjury, that the information provided in the application is true.
b) The City Clerk shall, on or about October 1 in each year ending in the number zero, initiate and widely publicize an application process, open to all City registered voters who meet the requirements of Section 206, in a manner that promotes a qualified commissioner applicant pool that is large and reflective of the diversity of the Cites process shall remain open a minimum of 60 calendar days. c) On or about December 15 of each year ending in the number zero, the City Clerk shall forward any applications received to a screening panel. For purposes of this section, " screening panel" means:
1) The City' s Ethics Commission, if that Commission is established by ordinance or under this Charter; or
2) If an ethics commission matching the description in paragraph ( 1) does not exist, a panel of three individuals consisting of the following:
A) one ( 1) retired Judge in good standing who previously served in a California State Court or Federal Court located in California. The retired fudge need not be a resident or registered voter of Pomona. The retired ' nudge shall serve as Chair of the screening panel;
B) one ( 1) law, government, political science or public policy Professor currently teaching full time or retired from teaching full time at an accredited college or university in California. The professor need not be a resident or registered voter of Pomona; and
C) one ( 1) Pomona resident with demonstrated experience in local civic activism and/ or community service.
The screening panelists shall be selected by the City Attorney and the City Clerk, based upon the qualifications and experience of each applicant panelist, from a pool of qualified applicants by no later than December 1 of each year ending in the number zero. Panelists shall meet the same qualifications required of commissioners in Section 206, except that the retired nudge and professor need not be a resident or registered voter of the City. The City Attorney and City Clerk shall recruit a pool of applicants to serve on the screening panel and the applicants shall be reviewed by City staff beforehand to ensure they meet the qualifications herein.
C- 4
Attachment C
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA ESTABLISHING AN
INDEPENDENT REDISTRICTING COMMISSION
d) From the eligible commissioner applicant pool, the screening panel shall, no later than February 1 in each year ending in the number one, select six ( 6) commissioners — one from each Council district to the extent practicable - and these six ( 6) individuals shall serve as the Commission. The screening panel, exercising its independent judgment, shall make these selections, by majority vote, at a publicly noticed meeting after the public has had the opportunity to provide written and oral comment. The screening panel may ask additional questions of commissioner applicants at that meeting. The screening panel shall make each selection on the basis of the applicant' s meeting the requirements of Section 206, relevant analytical skills, familiarity with the city' s neighborhoods and communities, ability to be impartial, and apparent ability to work cooperatively with other potential commissioners. The Commission members should reasonably reflect the City' s diversity; provided that, other than the requirement of geographic diversity in this section, no quotas, formulas, or ratios may be applied for this purpose. The Commission shall not be comprised entirely of commissioners who are registered to vote with the same political party preference. e) At the same public meeting as commissioners are selected, the screening panel shall also select six ( 6) alternates from the remaining applicants to serve on the Commission in the event of a vacancy. Each selection requires a majority vote of the screening panel. Using the selection criteria set forth in subsection ( d) above, the screening panel shall rank the six ( 6) alternates in order of preference to replace a commissioner in the event of a vacancy, provided that alternates need not be selected one from each Council district.
f) The Commission shall be fully established on or about February 1 in each year ending in the number one. To meet this deadline, the City Clerk may establish other deadlines for the commissioner application and selection process described in this section.
g) The Commission may remove a commissioner for substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office, but only after providing the subject commissioner written notice and an opportunity for a response at a public meeting.
h) If a commissioner resigns or is removed from the Commission, an alternate shall replace that commissioner as follows:
1) If only one alternate represents the Council district of the resigning or removed commissioner, that alternate shall fill the vacancy as a voting commissioner, regardless of how he or she was ranked by the screening panel; 2) If more than one alternate represents the Council district of the resigning or removed commissioner, the alternate representing that district with the highest screening panel ranking shall fill the vacancy as a voting commissioner; or 3) If none of the alternates represents the Council district of the resigning or removed commissioner, the alternate with the highest screening panel ranking shall C- 5
Attachment C
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA ESTABLISHING AN
INDEPENDENT REDISTRICTING COMMISSION
fill the vacancy as a voting commissioner.
i) For purposes of this section, " diversity" includes, but is not limited to, racial, ethnic, gender, and sexual orientation diversity.
Sec. 208. — Redistricting Requirements and Criteria.
a) The Commission shall draw its final map so that:
1) Council districts are substantially equal in population as required by the U. S. Constitution, as based on the total population of residents of the City as determined pursuant to California Elections Code section 21621, or successor statute; and
2) The final map complies with the U. S. Constitution; the Federal Voting Rights Act, the California Constitution; and any other requirement of federal or state law applicable to charter cities.
b) In addition to following the requirements of subsection ( a), the Commission shall consider the following criteria when drawing the final map, in order of priority:
1) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous; 2) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A" community of interest" is a population that shares common social, cultural or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates; 3) Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city;
4) To the extent practicable, and where it does not conflict with the preceding criteria, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations;
5) Geography and topography— Districts should respect major topographic and geographic features of the City;
6) All district lines should correspond to census blocks in order to preserve C- 6
Attachment C
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA ESTABLISHING AN
INDEPENDENT REDISTRICTING COMMISSION
the validity of data and avoid arbitrary boundaries; and 7) District numbering and election sequencing should remain constant for as many voters as possible.
8) Other Commission- adopted criteria that do not conflict with the other requirements and criteria listed in this section.
c) Council district boundaries shall not be drawn for the purpose of favoring or discriminating against a political party.
d) The Commission shall number each Council district such that, for as many residents as practicable, the number of the Council district they reside in remains the same.
e) The Commission shall not consider place of residence of any individual, including any incumbent or political candidate, in the creation of a map. f) This Section 208 constitutes the comprehensive and exclusive criteria by which the Commission shall evaluate and approve Council district maps under this article.
Sec. 209. — Public Meetings, Public Comment and Redistricting Map Approval. a) The Commission shall establish and implement an open meeting process for public input and deliberation that is promoted through an outreach program to solicit broad public participation in the redistricting process. Except as set forth herein, the Commission shall comply with the Ralph M. Brown Act and all other applicable State and City requirements for open meetings.
b) On or about March 1 in each year ending in the number one, the services of a duly certified demographer/ redistricting consultant shall be retained through standard City procurement processes. The demographer/ consultant shall review and analyze the City' s population data contained in the most recent United States decennial census and shall prepare one or more draft electoral district maps for the Commission' s consideration which are in compliance with applicable Federal and State law for the drawing of such maps.
c) Prior to adopting a final map, the Commission shall hold those public hearings, provide notice of such hearings, and solicit, record, and publicize public comment from those hearings in accordance with California Elections Code 21628 or successor statute.
At least one public hearing shall be a joint public hearing with the City Council as set forth in subsection ( d) below.
d) A final map may not be adopted by the Commission unless and until:
1) a proposed final map with substantially similar Council district boundaries has been adopted at least seven days earlier at a prior public hearing; C- 7
Attachment C
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA ESTABLISHING AN
INDEPENDENT REDISTRICTING COMMISSION
2) a proposed final map has been published on the City' s Internet website for at least seven ( 7) days and made available to the public for at least seven ( 7) days prior to final adoption; provided that if there are fewer than 28 days until the City' s deadline to adopt a map, the proposed final map may instead be published on the City' s Internet website for at least three 3) days; and
3) The Commission has held at least one joint public hearing with the City Council, at which- time it shall submit the proposed final map to the City Council for its consideration. The joint public hearing may be included as part of the fourth required public hearing set forth in subsection ( c).
A) The City Council may not alter the proposed final map submitted to it by the Commission, but shall either approve or disapprove the proposed final map in its entirety.
B) If the Council approves the proposed final map, it shall become the final map of the City and shall be implemented upon final vote of the Commission.
C) If the City Council disapproves the proposed final map, the City Council shall outline the reasons for such disapproval, including any deviations from the criteria for redistricting set forth in this article. The Commission shall consider any reasons for such disapproval submitted to it by the City Council and may consider alterations to the proposed final map in response to such reasons. After such consideration, the Commission may adopt a final map adopting such alterations, adopting such alterations with amendments, or refecting such alterations.
However, if the Commission, in response to City Council comments, proposes to substantially alter the proposed final map, it shall conduct another public hearing to consider the altered final map and shall publish the altered final map as required by paragraphs ( d)( 1) and ( 2) above prior to taking final action on the altered final map. Once the Commission approves the final map, it shall become the final map of the City and shall be implemented.
e) The City shall establish and maintain an Internet web page as required by California Elections Code 21628( 8) or successor statute.
Sec. 210 — Administration.
a) The City Council shall appropriate sufficient funds to recruit commissioners, hire a demographer, meet the operational needs of the Commission, and conduct any outreach program to solicit broad public participation in the redistricting process.
C- 8
Attachment C
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA ESTABLISHING AN
INDEPENDENT REDISTRICTING COMMISSION
b) Within sixty ( 60) days after the adoption of a final map, the Commission shall transmit a report to the Mayor and City Council recommending any changes, including amendments to this article that could improve the redistricting process in future years.
The City Council may, by two- thirds vote, adopt an ordinance changing the time limits and deadlines imposed by this article that are specifically recommended by the Commission."
C- 9
Attachment D
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA ESTABLISHING A
THREE CONSECUTIVE TERM LIMIT ON ELECTED CITY SERVICE
Add the following new Section to the City Charter:
ARTICLE IV. — Elective Officers
Sec. 401. 5— Mayoral and City Council Term Limits.
a) No person may serve more than a combined total of three ( 3) consecutive terms of elective office for the City of Pomona, whether as Mayor or as a member of the Pomona City Council. The City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, including any paper for the purpose of seeking election as a write- in candidate, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, ballot pamphlet, sample ballot, voter information guide or ballot label, the name of any person whose candidacy, if successful, will result in a new Mayoral or City Council term that exceeds the limits set forth herein.
b) For purposes of this Section, " term" shall mean the following:
1) Any full four- year term of service for which a person was nominated, including as a write- in candidate, and to which he or she was elected to office at any Municipal Primary or General Election, occurring on or after November 8, 2022, and which was completely served by the person until the term' s scheduled expiration; 2) Any full four- year term of service to which a person was appointed by the City Council in lieu of a Municipal Election, pursuant to California Elections Code Section 10229 or similar law, occurring on or after November 8, 2022, and which was completely served by the person until the term' s scheduled expiration; 3) Any full four- year term of service described in paragraphs ( 1) and ( 2) above, which was not completely served by the person, but which terminated prior to the scheduled expiration of the term due to any of the following:
A) The officer' s seat is lawfully declared vacant during that term for any reason other than resignation;
B) The officer is lawfully recalled from office by the voters during that term; C) The officer has legally forfeited his or her elected office under applicable Federal or State law during that term; or
D) If the officer vacates his or her office due to resignation:
i) If the resignation occurs with more than two ( 2) years remaining in his or her current term, this shall not count as a " term" against the three- term limit.
D- 1
Attachment D
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA ESTABLISHING A
THREE CONSECUTIVE TERM LIMIT ON ELECTED CITY SERVICE
ii) If the resignation occurs with two ( 2) years or less remaining in his or her current term, this shall count as a " term" against the three- term limit.
c) For purposes of this Section, " term" shall not mean any of the following:
1) Any full four- year term of service for which a person was nominated, including as a write- in candidate, and to which he or she was elected to office at any Municipal Primary or General Election, occurring prior to November 8, 2022; or 2) Any full four- year term of service to which a person was appointed by the City Council in lieu of a Municipal Election, pursuant to California Elections Code Section 10229 or any similar law, occurring prior to November 8, 2022; or 3) Any partial term to which a person has been specially elected or appointed to the office of Mayor or City Council to fill a mid- term vacancy, pursuant to City Charter Section 403.
d) No person who has already served a combined total of three ( 3) consecutive terms of elective office for the City of Pomona, whether as Mayor or as a member of the City Council, shall again be eligible for election to either office until not less than four ( 4) years have passed or will have passed between his or her prior service and new service as Mayor or as a member of the City Council.
e) Notwithstanding paragraph ( c)(3) above, no person who has already served a combined total of three ( 3) consecutive terms of elective office for the City of Pomona, whether as Mayor or as a member of the City Council, may be appointed to serve as Mayor or on the City Council, whether said appointment is in lieu of a Municipal Election, pursuant to California Elections Code Section 10229, or to fill a vacancy on the City Council pursuant to City Charter Section 403, until not less than four ( 4) years have passed or will have passed between his or her prior service and new service as Mayor or as a member of the City Council.
f) Notwithstanding paragraph ( c)(3) above, no person who has already served a combined total of three ( 3) consecutive terms of elective office for the City of Pomona, whether as Mayor or as a member of the City Council, may run for special election to fill a vacancy in the office of Mayor or the City Council pursuant to City Charter Section 403, until not less than four ( 4) years have passed or will have passed between his or her prior service and new service as Mayor or as a member of the City Council." D- 2
Attachment E
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA UPDATING LOCAL
ELIGIBILITY RULES TO RUN FOR MAYOR AND CITY COUNCIL AND ESTABLISHING A RESIGN- TO- RUN" RULE FOR CERTAIN CITY COUNCILMEMBERS SEEKING THE
OFFICE OF MAYOR
Amend the City Charter as follows:
ARTICLE IV. — Elective Officers
Sec. 402. - Eligibility.
a) Residency Requirement. To be eligible to hold the office of Mayor or other member of the , it Council, a person must be a citizen of the United States, and must be a qualified elector of the City. Each member of the Council, excluding the Mayor, must also be a resident of the ; Council district from which the member is nOmiRated of the tomos the member is nominated and elected. In the event a member of the City Council shall cease to be a resident of the district from which the member was nominated and elected ( or, in the case of an appointede member, a PFedonoss^ r` waS RGM' Rated he or she shall cease to be a resident of the district which the member was appointed to represent on the City Council, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies. b) Change of District Boundaries. Notwithstanding subsection ( a), j a member of the Council ceases to be a resident of the district from which the member ( er, in the Gesso of aR apr,
t8e a predeGess r. Was nominated and elected solely because of a change in the boundaries of aphis or her district as provided in this Charter the member shall not lose office during that term by reason of such change.
Resign to Run for Mayor.
1) If any current City Council member, whether elected or appointed to that office, shall file nomination papers with the City Clerk to become a candidate for Mayor in either i) the next municipal direct primary election, or ( ii) the next general municipal election, if the City does not have a municipal direct primary election, and the new Mayoral term will begin before the City Council member' s current elected or appointed term ends, that City Councilmember shall automatically resign his or her current City Council office, with deferred effect, as provided herein.
2) A City Council member' s automatic resignation under this section shall be irrevocable upon the filing of nomination papers to become a candidate for Mayor at the next municipal direct primary or general election, whichever is applicable. However, a Councilmember who automatically resigns may continue to serve on the City Council until the results of the next municipal general election have been certified by the City Council. The City Council member will then either be sworn into office as Mayor ( if he or she won the Mayoral election) or shall immediately cease to be a member of the City Council ( if he or she lost the Mayoral election or ceased running for that office prior to the election).
3) Once a current City Council member subject to this section files nomination papers to become a candidate for Mayor at the next municipal direct primary or general election, whichever is applicable, his or her City Council office shall be immediately declared vacant by resignation and the City Council shall fill the City Council office by special municipal election. Notwithstanding any provision of Section 403 to the contrary, E- 1
Attachment E
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA UPDATING LOCAL
ELIGIBILITY RULES TO RUN FOR MAYOR AND CITY COUNCIL AND ESTABLISHING A RESIGN- TO- RUN" RULE FOR CERTAIN CITY COUNCILMEMBERS SEEKING THE
OFFICE OF MAYOR
if the City has a local direct primary election, the special municipal election shall be held on the same date as the City' s next scheduled general municipal election for City Council members. If the City does not have a municipal direct primary election, the special municipal election shall be held on the next available date prescribed by this Charter and applicable provisions of the California Elections Code. Once the results of the special municipal election are certified by the City Council, the winning candidate shall assume office for the remainder of the current City Council term. 4) This section shall not apply to any current City Council member who files nomination papers with the City Clerk to become a candidate for Mayor in a special municipal election to fill a vacancy in that office. A vacancy in the office of Mayor shall be filled as otherwise provided in this Charter."
E- 2
Attachment F
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA
ESTABLISHING LOCAL DIRECT PRIMARY ELECTIONS FOR MAYOR AND CITY
COUNCIL
Amend the City Charter as follows:
ARTICLE IX. — Elections
Sec. 901. - Primary and General Municipal Elections.
a) Beginning in the year 2024, direct primary elections for the nomination of Mayoral and Council candidates to be voted for at the ensuing general municipal election and for such other purposes as the Council may prescribe shall be held in the City on the same date as the Statewide Primary Election as provided in the Elections Code of the State of California.
b) If any candidate for Mayor or Council receives a majority of all votes cast for Mayor or for a specific Council office, that candidate shall be declared elected and no general municipal election shall be held for that office. If no candidate for Mayor or for a specific City Council office receives a majority of all votes cast for that office, the two candidates receiving the highest number of votes for that office at the primary nominating election shall be the candidates and the only candidates for that office whose names shall be printed upon the ballots to be used at the general municipal election. c) General municipal elections for the election of Mayor and Councilmembers and for such other purposes as the council may prescribe shall be held in the City on the same date as the Statewide General Election as provided in the Elections Code of the State of California ( first Tuesday after the first Monday in November in each even- numbered yearl.
Sec. 902. - Special Municipal Elections.
All other municipal elections besides those identified in Section 901 that may be held by authority of this Charter, or of any law, shall be known as special municipal elections.
Sec. 903. - Procedure for Holding Elections.
Unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter.
Sec. 904. - Initiative, Referendum and Recall.
The powers of the initiative and referendum and of the recall of elected City officers are hereby reserved to the electors of the City. The provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended or superseded, governing the exercise of the powers of initiative and referendum in cities, and governing the exercise of the power of recall of municipal officers, shall apply to the exercise of those powers in the City insofar as such provisions are not in conflict with the provisions of this Charter."
F- 1
Attachment G
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA AMENDING THE CITY' S CAMPAIGN FINANCE AND CONFLICT OF INTEREST LAWS; RELATING TO
CAMPAIGN CONTRIBUTION LIMITS, A VOLUNTARY EXPENDITURE CEILING, USE OF
SURPLUS FUNDS, AND DISCLOSURE OF CERTAIN CAMPAIGN CONTRIBUTIONS PRIOR
TO CASTING A VOTE
Amend the City Charter as follows:
ARTICLE XIV. - Municipal Campaign Financing and Conflict of Interest Sec. 1401. - Voluntary Expenditure Ceiling.
a) Pursuant to California Government Code Section 85400(^) rr-,,., eMmeRt Code 85nn
or+ t-z:,successor statutes, nominees for Mayoral or City Council Office may agree to be subject to the City' s voluntary expenditure ceiling. The City hereby establishes a voluntary expenditure ceiling with the following limits, as applicable to the particular office and election: ROt to exceedsthe aggregate tweRt„_ fiye GeRtS ($ 0. 25) Gandidate
io
68ekiRg eleGtiVe Gffino
1) For a City Council District primary or special election, no candidate or the candidate' s controlled committee who voluntarily accepts the expenditure ceiling shall make campaign expenditures for that election, including the expenditure of loan proceeds, in excess of an amount equal to two percent ( 2%) of the limit applicable to candidates for the State Assembly for primary or special elections. 2) For a City Council District general election, no candidate or the candidate' s controlled committee who voluntarily accepts the expenditure ceiling shall make campaign expenditures for that election, including the expenditure of loan proceeds, in excess of an amount equal to two percent ( 2%) of the limit applicable to candidates for the State Assembly for general elections. 3) For a Mayoral primary or special election, no candidate or the candidate' s controlled committee who voluntarily accepts the expenditure ceiling shall make campaign expenditures for that election, including the expenditure of loan proceeds, in excess of an amount equal to seven percent ( 7%) of the limit applicable to candidates for the State Assembly for primary or special elections. 4) For a Mayoral general election, no candidate or the candidate' s controlled committee who voluntarily accepts the expenditure ceiling shall make campaign expenditures for that election, including the expenditure of loan proceeds, in excess of an amount equal to seven percent ( 7%) of the limit applicable to candidates for the State Assembly for general elections. b) The City Clerk shall inform the candidates of the voluntary expenditure ceiling and shall make available to the public which candidates agreed to abide by the voluntary expenditure ceiling.
c) A candidate for Mayor or City Council who accepts the voluntary expenditure ceiling set forth herein may place a candidate' s statement in the voter information guide, subject to any applicable costs for filing, translation and printing. Candidate' s statements shall be prepared and submitted in accordance with timeframes and procedures set forth in the G- 1
Attachment G
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA AMENDING THE CITY' S CAMPAIGN FINANCE AND CONFLICT OF INTEREST LAWS; RELATING TO
CAMPAIGN CONTRIBUTION LIMITS, A VOLUNTARY EXPENDITURE CEILING, USE OF
SURPLUS FUNDS, AND DISCLOSURE OF CERTAIN CAMPAIGN CONTRIBUTIONS PRIOR
TO CASTING A VOTE
California Elections Code for local elective offices. However, notwithstanding any contrary provision of California Elections Code Section 13307, or of any successor statute, after November 8, 2022, the City Clerk or County Elections Official may not include in the voter information guide a statement from a candidate for Mayor or City Council who has not voluntarily agreed to the expenditure ceiling set forth herein. bd) The tWeRty f Ve GeRtS ($ 0.25) PeFFeGideRtbasis shall be ' RGreased by tweRty five peFGeRt
a
GWn+ar„ eX198R Jit a noiliRgG f„ r M Unininal Gand da+ os Except as otherwise provided by this Charter or by City ordinance, the voluntary expenditure ceiling shall be governed by California Government Code Section 85400 et. seq. or successor statutes.
Sec. 1402. - Use of Surplus Funds from Campaign for PubtiECity Office.
Unless otherwise provided by City ordinance, Aall funds that exceed election campaign expenses for pubUGQity office, erincluding the repayment of campaign loans, or which otherwise qualify as " surplus campaign funds" as snonified in under California Government Code Sections 89519/`
and 525. 301F/ n\ f(`_ n. iornmon+ (`
rirlo S'.f. 89519( a) and 525.305( n)l or any
successor statutes, ^" wvR as „", ur'rnplydSGampa; gn funds" or" surplus funds," shall beturned ever shall be spent only for those purposes specified in t4at- Section 89519.
Sec. 1403. - Genflin4 of interest- Disclosure of Certain Contributions Prior to Casting Vote.
A GG
innilmember shall n„+
Prior to casting a vote on any contract, permit, or other matter requiring City Council approval relating to an., where the applicant seeking approval is a person or business entity controlled by that person that has contributed more than +we h,indred fif+chive hundred dollars ($ 259500) within the previous twelve ( 12) months to all said a Councilmember' s City election campaigns committee for the n„rron++arm, the Mayor or Council member receiving such contribution( s) shall disclose on the public record the receipt of said contribution( s). The vote of any Ge
in
ember vielatiRg the abeye shall be inialir+
Sec. 1404. — Campaign Contribution Limits.
a) A person shall not make to a candidate for Mayor, and a candidate for Mayor shall not accept from a person, a contribution totaling more than the amount set by California Government Code Section 85301( a), or successor statute, as that amount is adjusted by the Fair Political Practices Commission pursuant to California Government Code section 83124, or successor statute.
G- 2
Attachment G
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA AMENDING THE CITY' S CAMPAIGN FINANCE AND CONFLICT OF INTEREST LAWS; RELATING TO
CAMPAIGN CONTRIBUTION LIMITS, A VOLUNTARY EXPENDITURE CEILING, USE OF
SURPLUS FUNDS, AND DISCLOSURE OF CERTAIN CAMPAIGN CONTRIBUTIONS PRIOR
TO CASTING A VOTE
b) A person shall not make to a candidate for City Council, and a candidate for City Council shall not accept from a person, a contribution totaling more than fifty percent ( 50%) of the amount set by California Government Code Section 85301( a), or successor statute, as that amount is adjusted by the Fair Political Practices Commission pursuant to California Government Code section 83124, or successor statute." G- 3
ATTACHMENT H
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF POMONA
ADDING A PREAMBLE OUTLINING THE CITY' S VALUES, MAKING CHANGES TO
VARIOUS SECTIONS OF THE CITY CHARTER REGARDING FILLING OF
VACANCIES IN ELECTED OFFICE, INCREASING NOTICE OF PUBLIC MEETINGS,
UPDATING RULES FOR APPOINTED COMMISSIONS AND BOARDS, AND MAKING
OTHER TECHNICAL CHANGES AS SET FORTH HEREIN
Amend the City Charter as follows:
PREAMBLE
We the people of the City of Pomona, under the constitution and laws of the State of California, do hereby adopt this charter to embrace our right to local self- government and to provide an honest, transparent, equitable, and accountable government with powers and restrictions pursuant to the procedures and governmental structure stated herein. Through this charter, we hope to affirm the values of representative democracy and open communication, participation in all aspects of our community, compassion for all living things, respect for the environment, historical preservation for this area' s rich architectural and diverse cultural heritage, economic leadership in the region, and ensuring equality and inclusiveness for all of our residents.
ARTICLE I. - Name and Succession
Sec. 101. - Existence and Name.
The municipal corporation now existing, and known as the City of Pomona, herein called the City, shall remain and continue a municipal corporation organized and existing under the Constitution of the State of California.
The governance of the City shall be guided by the needs of its citizens, the requirements of the State of California and of the United States, and the concept that only that degree of government be instituted that is necessary for the well- being of the community.
Sec. 102. - Existing Regulations.
All lawful ordinances, resolutions, orders, rules, and other regulations of the City, or portions thereof, in effect at the time this Charter takes effect and which are not inconsistent or in conflict with the provisions of this Charter, are hereby continued in force and effect until duly repealed, superseded or amended.
Sec. 103. - Rights and Liabilities.
The City shall remain vested with, and continue to hold, own and control all rights and property of every nature and description held, owned or controlled by it at the time this Charter takes effect, and it shall be subject to all debts, obligations, contracts and other liabilities existing at that time.
H- 1
ATTACHMENT H
ARTICLE II. - Boundaries of City and Council Districts
Sec. 201. - City Boundaries.
The boundaries of the City shall be the boundaries as established at the time this Charter takes effect, but said boundaries may be changed in the manner prescribed by applicable Federal and State law.
Sec. 202. - Council Districts.
The City is hereby divided into six ( 6) Council districts, to be defined by the City Council.
Sec. 203. - Changes in Boundaries of Council Districts.
The boundaries of said Council districts, but not the number thereof, may be changed by ordinance adopted by the Council by a five- sevenths ( 5/7) vote of all its members; provided, that districts established by the Council shall be as nearly equal in population and as compact as practical. Boundaries shall be evaluated within at least one ( 1) year subsequent to the availability of the information from each decennial United States census or on another basis adopted by five- sevenths ( 5/7) vote of the total membership of the Council; however, the Council shall not change the boundaries of districts more than once in any two- year period and no such change shall be made within the period of one hundred twegyeighty ( 1809) days preceding a geaer-al municipal election. The preceding limitations shall not apply to changes made necessary by changes to the City boundaries. After the Council has once exercised its power to change the boundaries of districts, these changes shall immediately be reflected in the district boundaries specified by ordinance adopted by the Council.
ARTICLE III. - City Powers
Sec. 301. - Powers of the City.
The City shall have all powers possible for a city to have under the Constitution and laws of this State as fully and completely as though they were specifically enumerated in this Charter.
Sec. 302. - Extent of Powers.
The powers of the City under this Charter shall be construed liberally in favor of the City, to provide the City with all legal authority and powers to promote and protect the health, safety and general welfare of all of the citizens of the City, and the specific mention of particular powers in this Charter shall not be construed as limiting in any way the general powers granted in this article.
Sec. 303. - Intergovernmental Relations.
The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or any state civil division or agency, or the United States or any of its agencies.
H- 2
ATTACHMENT H
ARTICLE IV. - Elective Officers
Sec. 401. - Mayor and Members of the Council.
a) Composition of Council. The elective officers of the City shall constitute a Council, consisting of a Mayor and six ( 6) other members, elected at the times and in the manner provided in this Charter.
b) Council Terms. Except as provided in this Charter, Tthe Mayor and the other members of the Council each shall serve for a term of four ( 4) years and until a successor qualifies.
The elective term shall commence the first meeting in December sn the oeneniJ
McRday
in Nevember of the year the member was elected or as soon as practical after election results are certified and the member is qualified to serve and is sworn into office. c) Mayor. Candidates for the office of Mayor shall be nominated from the City at large and the Mayor shall be elected by a vote of the electors of the City at large. d) Other Members of the Council. Each other member of the Council shall hold a separate office and one of such offices shall be assigned to each of the six ( 6) Council districts of the City. Candidates for each of these offices shall be nominated and elected by such district and shall be residents of such district.
e) Council Elections Sequenced. The Mayor and the members of the Council of the first, fourth and sixth Council districts shall be elected commencing in the year 2000 and in each fourth year thereafter. The members of the Council of the second, third and fifth Council districts shall be elected commencing in the year 2002, and in each fourth year thereafter.
Sec. 402. - Eligibility.
a) Residency Requirement. To be eligible to hold the office of Mayor or other member of the Council, a person must be a citizen of the United States, and must be a qualified elector of the City. Each member of the Council, excluding the Mayor, must also be a resident of the council district from which the
member
is
semina+ or! ; 4 the 4imee the
member is nominated and elected. In the event any member of the Council shall cease to be a resident of the district from which the member was nominated and elected { or, in the case of an appointede member, a nrederesser) was nem natedhe or she shall cease to be a resident of the district the member was appointed to represent on the Council, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies.
b) Change of District Boundaries. Notwithstanding subsection ja), cif a member of the Council ceases to be a resident of the district
from `"'
hinh the member ( E)F, in theGa
of
aR a eintee a prede^ esser) was neminated solely because of a change in the boundaries of aphis or her district as provided in this Charter previded, the member shall not lose office during that term by reason of such change.
Sec. 403. - Vacancies.
a) Events of Vacancy. The office of Mayor or a Councilmember shall become vacant upon the mer eprson' s death, resignation, removal from office,_- Gr-forfeiture of office or for any other reason set forth in this Charter, California Government Code Section 1770 or any successor Statute'
s n" menner
e01thenZe- d by
Lai.,
H- 3
ATTACHMENT H
Offire nresrribed by this Charter or by law, or
2) ViGlateG iPFeGG pnrehibi+ inn of this Ghai4er.
bs) Filling of Vacancies. Except as otherwise provided in this Charter, if Aa vacancy occurs, in- the City Council shall, within sixty ( 60) days from the commencement of the vacancy, b,e filled- the vacancy either by appointment or by calling a special election, as provided in California Government Code Section 36512 or any successor statute. fGF the remaiRder of the URexpired term, ofany, at the next regular e!eGtOORfollowing ROtless than
sixty ( 60) mays ,, non the nnn,, rrenGe of theyaranr., The Council may, by a
majority vote of all its remaining membersL— A4all appoint a qualified person to fill the vacancy Until the person elected to serve the remainder of the Unexpired term takes eff+ ee.
1) If the Council fails to appoint or de se call a special election withinysixty ( 460) days fellew+ngfrom the OGG61rreRGecommencementof the vacancy, the City Clerk shall call a special election to fill the vacancy, to be held not sooner than ni" on) days and not later than 120one hundred fourteen ( 114) days followinghe nnn,, rrenne of theyanannYi and to he ethepwise oeyerned by lawafter the call of the
election.
2) Notwithstanding the requirement in Section 507, if at any time the membership of the Council is reduced to less than four ( 4) due to vacancies, the remaining members shall by majority action appoint additional members to raise the membership to seven ( 7), who shall serve until their offices are filled by general or special election to be held at the earliest time allowed by law that is not sooner than one hundred fourteen ( 114) days after the call of the election, oonsisten+,., i+ h
Section 402 above
3) A person appointed to fill a vacancy may not seek election to that office at the next general or special election.
c) Vacancy Pending Recall Proceedings. Notwithstanding the above, if the Mayor or another Councilmember resigns while subject to a recall election, the office shall not be filled by appointment but shall remain vacant until filled by a recall election called for that purpose pursuant to the California Elections Code. If the Mayor or another Councilmember is removed from office by a recall election, the office shall be filled immediately by the person who was elected to fill that office by the recall election and that person shall serve for the remaining term of that office. For purposes of this Section, an elected officer is " subject to a recall election" if a valid recall petition has been filed with the City Clerk against that elected officer and determined by the City Clerk and/ or the Los Angeles County Elections Official to contain the minimum required number of Pomona voters' signatures and to be otherwise legally sufficient under the California Elections Code to qualify the question of recalling the elected officer for placement on the ballot, even if the recall election hasn' t vet been officially ordered. d) Temporary City Council. If all seats on the Council are vacant the seats shall be filled by the members of the Planning Commission, as temporary members of the Council. A Mayor shall be elected by that temporary Council from among the then- existing members. The positions of Mayor and other Councilmembers shall be filled by an special election that shall be called at the earliest time allowed by law that is not sooner H- 4
ATTACHMENT H
than one hundred fourteen ( 114) days after the call of the election. woth' R 14 days „ f the seating of the ternperary GeunGil, to be held onaGGE)rdanGe with the PFOVOSOORSOf the EleGtiens Gede of the State of California relating to dates of eleGtien on general
laW
Go
e) Vacancy Occurring Between Local Primary and General Election. Notwithstanding the above, if a position for the office of Mayor or City Councilmember has already been subject to a local primary election pursuant to this Charter, but a general election either has not or will not occur for that position, the following shall apply in case the incumbent elected officer vacates that position:
1) If a candidate has secured majority voter approval in the local primary election for that position such that a general run- off election for that position is not required, the Council shall appoint the winning candidate to fill the vacancy for the remainder of the vacating incumbent' s term. Once the vacating incumbent' s term expires, the winning candidate shall then be sworn in to serve the new elected term to which the winning candidate was elected at the local primary election. 2) If no candidate has secured majority voter approval in the local primary election for that position such that a general run- off election for that position will be required, the Council shall not appoint a person to fill the vacancy for the remainder of the vacating incumbent' s term. The seat shall remain vacant until filled by the winning candidate at the general run- off election.
Sec. 404. - Compensation and Expenses.
a) Compensation. Compensation for the members of the City Council shall be established by ordinance in accordance with provisions of Section 36516( a) of the State of California Government Code as such provisions now exist or
thereafter may be amended, except that the Mayor' s compensation shall be twice that of the other Councilmembers. But no reduction in compensation for any such office shall affect the compensation of any person who holds the office at the time such question is voted upon, during the remainder of the Councilmember' s existing term of office.
Compensation of the Mayor and Councilmembers may be increased each calendar year by an amount equal to the inflationary change listed in the Consumer Price Index ( CPI- U) for the metropolitan Los Angeles- Long Beach- Anaheim nahe' m- Riverside area published annually by the United States Bureau of Labor Statistics. If the Consumer Price Index changes, the index and area most applicable to the City of Pomona shall be used.
b) Expenses. The Councilmembers shall be entitled to reimbursement for their necessary expenses incurred in the performance of their official duties in connection with authorized city business. The maximum expense that a Councilmember or the Mayor can incur during a year of their term shall be the amounts in effect at the time this section becomes effective, adjusted annually for inflation based upon the Consumer Price Index ( CPI- U) for the Los Angeles- Long Beach- Anaheim area. If the Consumer Price Index changes, the index and area most applicable to the City of Pomona shall be used.' es Angeles' eRg BeaGh GensurneF priGe index. The expense reimbursement se amounts may be changed by majority vote of the electors of the City voting on such change at any City election at which the question of such change may be submitted by the Council or pursuant to the power of initiative.
c) Expense Reports. Councilmembers shall submit all receipts from each transaction and also monthly expense reports listing the date of the transaction, vendor, cost, description of the item or service purchased and purpose of the purchase. The receipts and H- 5
ATTACHMENT H
expense reports for each preceding month shall be due no later than by the end of the business day of the last day of the month following the expenditure.
Sec. 405. = Absenteces from meetings.
If Aany member of the Council R;ay beis absent from the Gity or from all regular meetings of the Council for tl4i4tysixty (3860) consecutive days from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as set forth in Section 403,. `^ h COURGOImay be abSeRt frOrn the Gity or frern all regular meetings of the GeUnGilfOFup to sixty 60) days. With the consent of a majority of a quorum of the Council entered in its minutes, any member may be absent from all regular meetings for a longer duration. Such absence may be excused for any good and sufficient reason including, but not limited to, official City business,__-.- Ip addition, the GeLAnnil
may
hl
RGF these abSeRGes
relati
g to physical injury or incapacitation, or
family need. Without the FeqYiFedGGRseRtthe GOURGilshall d8GlaFethe office vacant.
Sec. 406. - Mayor.
The Mayor, in addition to the powers and duties prescribed elsewhere in this Charter, shall have the power and duty:
a) To report to the Council on the affairs of the City and to recommend for its consideration such matters as may be deemed of current and on- going concern. b) To report to the citizens the policies, programs and needs of City government and inform the people of any major change in those policies or programs. c) To be the official head of the City for all ceremonial purposes. d) To exercise and perform such other powers and duties as may be delegated to or required by this Charter or by the Council if not inconsistent with the provisions of this Charter.
ARTICLE V. - The Council
Sec. 501. - Powers and Duties.
All powers of the City shall be vested in the Council except as otherwise provided by law or in this Charter. The City Councilmembers, in addition to the powers and duties prescribed elsewhere in this Charter, shall have the responsibility and duties to:
a) Conduct Council business in a manner to benefit the entire City of Pomona, not strictly individual districts, areas, or constituencies;
b) Manage discretionary funds in a manner to benefit not only district needs, but needs of the entire City of Pomona:
c) Report to the City and to the residents on the local and City- wide impacts of issues that occur in a Councilmember' s district;
d) Report to the Council and to the public the activities of commissions and boards to which the Councilmember is also a member, particularly where they have impacts on the City of Pomona:
e) Set goals for the improvement of the entire City of Pomona as well as improvements to individual districts;
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ATTACHMENT H
f) Meet at least annually as the full Council, in the City of Pomona, to facilitate the establishment and/ or review of goals for the City stressing improvements that benefit all residents; and
g) Actively communicate with the commissioners and board members that they have appointed and make an effort to meet with them at least once a near.
Sec. 502. - Composition.
The Council shall consist of the Mayor and the six ( 6) other members of the Council, each of whom shall have the right to vote on all questions coming before the Council e, xcept where such participation and voting on a question would constitute an impermissible conflict of interest under Section 513 of this Charter or otherwise violate State law. The Mayor shall be the presiding officer of the Council. The Council shall designate one other of its members as Vice- Mayor, to serve on a rotating basis. In the temporary absence or disability of the Mayor or during such period as a vacancy exists in the office of Mayor, the Vice- Mayor shall preside at Council meetings and perform such other of the duties of the Mayor as the Council may assign.
Sec. 503. - Meetings.
a) The Council shall hold regular meetings as may be prescribed by ordinance or resolution, at least once every calendar month. Any regular meeting may be adjourned to a date and hour fixed in the order of adjournment. Each adjourned meeting shall be a regular meeting for all purposes. Special meetings may be held as provided by this Charter and any other applicable law.
b) For any regular meeting of the Council, the City shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, not later than six ( 6) calendar days before the regular meeting.
c) For any special meeting of the Council, the City shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, not later than seventy two 72) hours before the special meeting.
d) Any agenda and notice of an emergency or dire emergency meeting of the Council shall be posted and given as provided in the Ralph M. Brown Act ( Calif. Government Code 54950 et. seq.)
e) The Council may take action on items of business not appearing on the posted agenda under any of the exceptions provided in the Ralph M. Brown Act ( Calif. Government Code §§ 54950 et. seq.)
f) Except as otherwise provided herein, the City shall comply with the requirements of the Ralph M. Brown Act ( Calif. Government Code §§ 54950 et. seq.) for those Council meetings subject to the Act.
Sec. 504. - Place of Meeting.
All meetings of the Council shall be open to the public, and shall be held in the Council Chambers or in such place to which the meeting may be adjourned; provided, that if by reason of fire, flood or other emergency it shall be unsafe or impractical to meet at the regular meeting H- 7
ATTACHMENT H
place, the Council may for the duration of the emergency meet at some other place designated by the Mayor or, if he or she fails to act, by any three ( 3) Councilmembers.
Sec. 505. - Proceedings and Quorum.
a) Quorum. A majority of the current members of the Council shall constitute a quorum for the transaction of business at any meeting, but a lesser number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as the Council may by ordinance prescribe. In the event all members of the Council are absent from any meeting, the City Clerk may declare the same adjourned to a stated day and hour in the manner provided by law.
SUGhqualifiGations are previded Onthis Charter. it shall judge all returns of Gity eleGtie Judge of Qua# 4Gatiens. The G( AIRGil shall judge the qualifiGatiORG of its membeps as sb) Rules of Conduct. The Council shall establish rules for the conduct of its proceedings. In the event no rules are established, the current edition of Robert' s Rules of Order shall apply. The Council by majority vote may evict any member or any other person for disorderly conduct at any meeting and may, to the extent permitted by law, prosecute any member or other person for such conduct.
dc) Investigations. Each member of the Council and the City Clerk shall have the power to administer oaths and affirmations in any investigation or proceedings pending before the Council. The Council shall have the power to issue subpoenas, to compel by subpoena the attendance of witnesses and the production of documents and other evidence, to examine witnesses under oath and to take and hear evidence, in relation to any matter pending before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. Disobedience of any subpoena or the refusal to testify upon other than legal grounds shall constitute a misdemeanor.
ed) Payment of Monies. Actions for the payment of money shall not be taken at other than a regular or adjourned regular meeting.
fe) Recording of Votes. The City Clerk shall call the roll and cause the ayes and noes to be entered in the minutes regarding any action requiring a vote. The City Clerk may use any manual, mechanical or electronic means to record the votes of the City Council.
Sec. 506. - Citizen Participation.
At each regular meeting the Council shall, if requested, grant any person, personally or through counsel, reasonable opportunity to present grievances or offer suggestions for the betterment of City affairs, subject to such rules for orderly procedure as the Council or its presiding officer may prescribe.
Sec. 507. - Vote Required.
Except in cases where a greater number of votes is required by any other provision of this Charter, a majority vote of the total membership of the Council shall be required for the adoption of any ordinance or resolution. Other actions may be taken by majority vote of the members present.
Sec. 508. - Adoption of Ordinances and Resolutions.
Ordinances, except ordinances which under this Charter may take effect upon adoption, shall not be adopted by the Council on the day of their introduction nor within five ( 5) days thereafter nor at any time other than at a regular or adjourned regular meeting. At the time of its H- 8
ATTACHMENT H
introduction an ordinance shall be delivered into the custody of the City Clerk. At the time of its adoption, the Clerk shall read the title thereof and shall then read the ordinance in full if a majority of the Council present so orders.
In the event that any ordinance is altered after its introduction, it shall not be adopted within five ( 5) days after it is altered nor at any time other than at a regular or adjourned regular meeting; provided, that the correction of typographical or clerical errors shall not be deemed an alteration within the meaning of this sentence.
The enacting clause of ordinances adopted by the Council shall be substantially as follows:
Be it ordained by the Council of the City of Pomona as follows:" All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk.
Sec. 509. - Posting.
Each ordinance of the City shall be posted in at least three ( 3) public places and ion the opo,.+ r„ n,,.
R;edia ORthe City' s website within fifteen ( 15) days after its adoption and shall remain posted for at least thirty ( 30) days.
Sec. 510. - When Ordinances may Become Effective.
Ordinances adopted by the Council shall become effective thirty ( 30) days after the date of their adoption, except the following, which may take effect upon adoption, or at such other time as the Council may specified [ specify] therein:
a) An ordinance calling or otherwise relating to an election. b) An ordinance relating to a local improvement adopted under law or procedural ordinance, or providing for the issuance of or otherwise relating to bonds of the City authorized by vote of its electors.
c) An ordinance declared by the Council to be necessary for the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and passed by a five- sevenths ( 5/ 7 ) vote of those present, unless Councilmember attendance is precluded by a natural disaster or other emergency. Such a disaster or emergency situation must be decreed by unanimous vote with at least four Councilmembers present, and upon such declaration, the ordinance would be passed and become effective immediately upon the majority vote of four Councilmembers. d) Any other ordinance which the Constitution of the State or this Charter does not require be subject to the power of referendum.
The provision of any ordinance specifying an effective date less than thirty ( 30) days from and after the date of its adoption shall be severable, and if invalid, such provision shall not affect the validity of the remainder of the ordinance and such ordinance shall take effect thirty 30) days from and after the date of its adoption unless suspended by exercise of the power of referendum.
Sec. 511. - City Codes.
a) Authentication and Recording. The City Clerk shall authenticate by signing and shall record in full in a properly indexed book kept for the purpose all ordinances, resolutions, and codes of technical regulations adopted by the Council.
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ATTACHMENT H
b) Codification. Within three ( 3) years after the adoption of this section and at least every ten ( 10) years thereafter, the Council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the Council by ordinance and shall be published promptly in bound or looseleaf form, together with this Charter and any amendments thereto, pertinent provisions of the Constitution and other laws of the State of California, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as the Pomona City Code. Copies of the Code shall be furnished to city officers upon request, placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the Council. The Pomona City Code shall also be posted on the City' s website for public access.
c) Printing of Ordinances and Resolutions. The Council shall cause each ordinance and resolution having the force and effect of law and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances, resolutions and Charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the Council. Following publication of the Pomona City Code and at all times thereafter, the ordinances, resolutions and Charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The Council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the constitution and other laws of the State of California, or the codes of technical regulations and other rules and regulations included in the code.
Sec. 512. - Codes of Technical Regulations.
a) The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that the requirements for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance. b) Copies of any adopted code of technical regulations shall be made available by the City Clerk for reference or for purchase at a reasonable price. Adopted codes of technical regulations shall also be posted on the City' s website or, alternatively, a link shall be provided to another website containing such regulations.
Sec. 513. - Conflicts of Interest.
The use of public office for private gain is prohibited. Within six ( 6) months of the enactment of this Charter, the Council shall implement this prohibition by ordinance.
Regulations to this end shall include but not be limited to:
a) Acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public, b) The acceptance of gifts and other items of value, c) Acting in a private capacity on matters dealt with as a public official, d) The use of confidential information, and
e) Appearances by City officials before other agencies of the City of Pomona on behalf of others' private interests.
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This ordinance shall provide for reasonable public disclosure of personal finances by officials with major decision- making authority over City expenditures and contractual matters and, insofar as permissible under state law, shall provide for fines and imprisonment of violators.
Article VI. - City Manager
Sec. 601. - Office and Appointment.
a) Chief Administrative Officer. There shall be a City Manager who shall be the chief administrative officer of the City.
b) Appointment and Qualifications. The Council by a majority vote of the total membership of the Council shall appoint a City Manager for aR iRdefinite term and fix the manager' s compensation. The City Manager shall be appointed solely on the basis of executive and administrative qualifications.
c) Duties and Compensation. The City Manager shall devote full time to the discharge of the official duties of that position. The City Manager shall be paid a compensation determined by the Council commensurate with the responsibilities of the office. d) Separation of Powers. Except as otherwise provided in this Charter, neither the Council nor any of its members shall interfere with the execution of the City Manager' s powers and duties. The Council and its members shall deal with the administrative service under the City Manager solely through the City Manager. Councilmembers may make inquiries or discuss matters with subordinates of the City Manager; however, no Councilmember may direct staff in matters relating to setting or changing City policy. e) Removal. The City Manager shall serve at the pleasure of the Council and may be removed at any time by a majority vote of the total membership of the Council.
Sec. 602. - Eligibility.
No person shall be eligible to appointment as City Manager while serving as a member of the Council nor within three ( 3) years after the end of such service.
Sec. 603. - Powers and Duties.
The City Manager shall be the head of the administrative branch of the City government and shall be responsible to the Council for the proper administration of the affairs of the City.
Without limiting the generality of the foregoing sentence, the City Manager shall have the power and duty:
a) To appoint, and when necessary, to suspend or remove, any or all officers and department heads of the City except elective officers and except those officers and department heads the power of whose appointment is vested in the Council. All such appointments and removals shall be subject to the approval of the Council before becoming effective. The performance of all officers and department heads appointed by the City Manager shall be reviewed by the City Manager at least annually. b) To serve as the chief personnel officer of the City.
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ATTACHMENT H
c) To prepare annually and submit to the Council the proposed operating budget and capital improvement program, and after adoption be responsible for the administration of them.
d) To prepare and submit to the Council as of the end of each fiscal year, and at such other times as directed by the Council, a comprehensive report regarding the administrative activities of the City.
e) To keep the Council fully advised of the financial condition and future needs of the City and to make recommendations for Council consideration.
f) To prepare and periodically review rules and regulations governing the contracting for, purchasing, storing, distribution, use or disposal of all supplies, materials, equipment or other property or services required by the City or any office, department or branch of the City government, and to recommend such rules and regulations to the Council for adoption.
g) To see that all State and federal laws pertaining to the City, the provisions of this Charter and ordinances of the City are enforced.
h) To prescribe such general administrative rules and regulations, consistent with this Charter and City ordinances, as the City Manager may deem necessary or proper for the general conduct of the administrative offices and departments. i) To attend all Council meetings unless excused from attendance by the Council or inability to attend because of sickness, scheduled vacation, executive leave or absence from the City on official business, and to participate in the deliberations of the Council but without the right to vote.
Q) To exercise and perform such other powers and duties as may be prescribed by this Charter or which may be delegated to or required of the City Manager by the Council if not inconsistent with the provisions of this Charter.
Sec. 604. - Review of City Manager' s Performance.
At least annually the City Manager' s performance shall be reviewed by the Council.
Sec. 605. - Acting City Manager.
The City Manager, by letter filed with the City Clerk, shall always have a City employee designated to exercise the powers and perform the duties of City Manager during the Manager' s temporary absence. In the case of a disability, a majority vote of the total membership of the Council may revoke such designation at any time and appoint another City employee to serve until the City Manager returns.
ARTICLE VII. - Other Officers, Departments and Employees and General Provisions Sec. 701. - Administrative Organization.
The Council may establish City departments, offices or agencies in addition to those created by this Charter and may prescribe their functions except that no function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other. The Council shall encourage that officers, deputies, and employees of the City be or become residents of the City. The City H- 12
ATTACHMENT H
Manager shall prepare every five ( 5) years and submit to the Council a report on the number of officers, deputies and employees who are residents of the City, efforts made to recruit within the City and all incentives provided to employee to establish residency in the City and projected costs of any additional incentives that the Council should consider.
There shall be an office of City Clerk, City Attorney, Director of Finance/ City Treasurer, Diron+ nr of Finanno and Chief of Police.
Sec. 702. - City Clerk.
The City Clerk shall be appointed by a majority of the total membership of the City Council, shall serve at the pleasure of the Council and may be removed at any time by the affirmative vote of a majority of the total membership of the Council. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are prescribed by ordinance or resolution, this Charter, or by state law or as requested by the City Manager. The City Clerk shall serve as the City' s Elections Official and the duties required to effect the California Elections Code shall take precedence over other duties and responsibilities.
Sec. 703. - City Attorney.
There shall be a legal officer of the City, appointed by a majority of the total membership of the Council, who shall serve at the pleasure of the Council, and may be removed at any time by the affirmative vote of a majority of the total membership of the Council. The City Attorney shall serve as the chief legal advisor to the Council, the City Manager, and all City departments and appointed bodies, and shall have the authority to represent the City in all civil and criminal matters, and shall perform such other duties as prescribed by this Charter, by ordinance or resolution, or as requested by the Council or City Manager.
To be and remain eligible to hold the title of City Attorney, the person must be an attorney at law, duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law for at least five ( 5) years prior to appointment.
Sec. 704. = fReservedl City Treasurer.
Treasurer. The Treasurer shall have the reSPORSibilltyfor reGeiving and iRVeStiRgcity fuRds and shall perferm SUGhother duties as preSGFibedby erdinaRGe er resolution, this Charter, by state law,
or
as requested by the Gity Geunnil threugh the Gity Maga ver Sec. 705. - Department and Director of Finance/ City Treasurer.
The City Manager shall appoint a department head who shall have the title of Director of Finance/ City Treasurer. The Director of Finance/ City Treasurer shall be the chief financial officer of the City, who shall have responsibility for financial reporting, expenditure control, purchasing, bond development, preparation of the City budget for the City Manager, receiving and investing City funds, and shall perform such other duties as prescribed by ordinance or resolution, this Charter or by state law, or as requested by the City Manager or by the City Council through the City Manager.
Sec. 706. - City Police Department/ Chief of Police.
a) The City Manager, with the approval of a majority vote of the total membership of the Council, shall appoint a Police Chief whose function shall be the administration of the H- 13
ATTACHMENT H
Pomona Police Department. The Chief of Police may not hold any other permanent or temporary managerial office.
b) Within the departments established, police services as required by law shall be performed by Pomona City Police Department employees. The City may not contract for primary police services with the County of Los Angeles or other police agencies without a vote of the City' s electorate. The City may contract for ancillary police- related services without a vote of the electorate.
Sec. 707. - Additional Departments.
All departments, offices and agencies shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of the Council, the City Manager may serve as the head of one or more such departments, offices, or agencies and may appoint one person as the head of two ( 2) or more.
Sec. 708. - Personnel Policies.
The Council shall provide by ordinance or resolution, consistent with all applicable federal and state laws, for the establishment, regulation and maintenance of personnel policies necessary for effective administration of the City.
Sec. 709. - Power of Appointment by Off,^ ors ani Department Heads.
Subject to the provisions of this Charter and personnel system provisions, each department head shall have the power and duty to appoint, suspend or remove department employees subject to approval by the City Manager.
Sec. 710. - Nepotism.
The Council shall not appoint or ratify the appointment of any person to any salaried position in the City government who is a relative by blood, adoption or marriage within the third degree of any member of the Council, nor shall the City Manager nor any officer or department head appoint any relative bV blood, adoption or marriage of that officer or department head within the same degree to any such position.
Sec. 711. - Administering Oaths.
Each officer and designated deputies and each department head and designated deputies shall have the power to administer oaths and affirmations in connection with any official business pertaining to their offices or departments.
Sec. 712. - Retirement System.
Authority and power are hereby vested in the City, its Council and its several officers, agents and employees to do and perform any act, and to exercise any authority granted, permitted or required under the provisions of the California Public Employee' s Retirement Law, as it now exists or may hereafter be amended, to enable the City to continue as a contracting City under the California Public Employees' Retirement System. The Council may terminate any contract with the Board of Administration of the California Public Employees' Retirement System only under authority granted by ordinance adopted by a majority vote of the electors of the City voting on such proposition at an election at which such proposal is presented.
Sec. 713. - Political Activity.
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If a City elected officer or candidate for elective office, or a proposed appointede officer to any City office, shall use or promise to use, directly or indirectly, any official authority or influence, whether then possessed or merely anticipated, to aid any other person to secure any elected or appointed office or appoin+min the service of the City or any increase of salary, upon the condition that such other person' s vote or political influence shall be given or used, or upon any other corrupt condition, shall be guilty of a misdemeanor.
If the person convicted is a City elected or appointed officer, that person shall, in addition to any other punishment imposed, be deprived of office and be forever debarred and disqualified from holding any position in the service of the City, to the maximum extent permitted by law.
Sec. 714. - Prohibitions.
a) Activities Prohibited.
1) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification, or appointment under the provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations.
2) No person who seeks employment, appointment or promotion to any City position or appointive City administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his or her test, appointment, proposed appointment, promotion or proposed promotion.
3) Except as otherwise permitted by State law, Nno perser4City officer, department head or employee shall knowingly or willfully solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose to be used in conjunction with any City election from any City employee. 4) Nno City officer, department head or employee shall, during his or her working hours for the City, knowingly or willfully solicit or receive any contribution to the campaign funds of any candidate, political party or committee to be used in a City election in support of or in opposition to any candidate for City elected+en to S+ty office or any City ballot issuemeasure. This section shall not be construed to limit any perser4City officer' s or employee' s right teexercise of his or her rights as a private citizen during non- working hours for the City, to express opinions, actively participate in political campaigns or to cast a vote nGr shall it be nenStFue + level of government in support of or in opposition to a candidate for City elected office or a City ballot measure.
b) Penalties for Violation. Any person convicted of a violation of this section shall be ineligible for a period of five ( 5) years following such conviction, to hold any City office or position and, if an officer or employee of the City, shall immediately forfeit that office or position. The Council shall establish by ordinance such further penalties as it may deem appropriate.
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ATTACHMENT H
Sec. 715. - Oath of Office.
Each officer, department head and employee of the City, including each member of a board or commission of the City, before undertaking any duties, shall take the oath of office required by the Constitution of the State of California and shall file the same with the City Clerk.
Sec. 716. - Nondiscrimination.
No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city contract, city position or appointive city administrative office because of race, gender, age,
handi;
apdisability, religion, marital status, sexual orientation, country of origin or political affiliation. The City shall abide by all state and federal nondiscrimination regulations. No officer, department head or employee of the City shall belong to or be a member of any party, organization, or association which advocates the overthrow of the government or Constitution of the United States or the State by force or violence.
ARTICLE VIII. - Appointive Boards and Commissions
Sec. 801. - In General.
a) A- 4The appointive boards and commissions enumerated in this Charter shall have the powers and duties stated herein, and such additional powers and duties, consistent with the provisions of this Charter, as may be granted to them by ordinance of the City Council. come number of members as there are members of the Goy innil EaGh GE)
URGil
P—P.A.-helpi.A.44hinsixty ( 60) days ef assuMiRg GffiGe, shall appOiRt E)Re member whe shall he o
resm
dent of the
Git
to eoGh
beaFd
or Gomm.-- ion
In addition, the Council, by
ordinance, may create such additional appointive boards and commissions as in its judgment are required; may abolish or change the same, may provide for the number, qualifications, manner of appointment, terms of office if any, compensation if any, and removal of the members thereof, and may grant to such boards and commissions such powers and duties as are consistent with the provisions of this Charter. The City Council shall provide for adequate funding, staffing, training, and resources for each board and commission to perform the duties specified in the charter and implementing ordinances. b) SUGh appeiRted tem; shall be fer feur ( 4) years and shall GemmeRGe with the term of the. expiratiGR of his or her term. IR the Gase of a re appointment, the appointee must be re appeiRted and swom prier te resuming SUGh seat. IR the abSeRGe ef a valid no nersen shall sit en o
beard OF
Gemma-- i„ n.
Unless otherwise specified in this Charter
or by ordinance, appointive boards and commissions shall have the same number of members as there are members of the Council and shall be appointed one- to- one by the Mayor and each Councilmember within sixty ( 60) days of their assuming elective office.
The initial term of board members and commissioners shall generally be for four ( 4) years. Board members and commissioners may continue to serve until their successors are appointed or until removed by a majority vote of the Council. Each board or commission shall request replacement of a member when a majority of the members determine that such replacement is necessary for the proper functioning of the board or commission.
c) Any
marl
ta-m vacancy on a board or commission shall be filled by the appointin cce4e-i4t authority as specified in this Charter or applicable ordinance H- 16
ATTACHMENT H
GOURGilmemberwithin sixty ( 60) days of the vacancy to serve out the unexpired portion of the term being filled. Except as otherwise provided by this Charter, ° ny appoint may be rerneyed by a
ma r-,,,,.,
majority vote
of
the i.
cif no appointment is made within
sixty ( 60) days of ass
yminrr effino A- r fA-
Rg a mirk-+ormthe vacancy, the Mayor shall
have thirty ( 30) days to appoint a member to the vacant seat. If a board or commission vacancy remains unfilled for ninety ( 90) days, the Council shall fill the vacancy by majority vote of its membership. Any member of the Council, and the applicable board or commission on a majority vote, may recommend qualified members for Council consideration.
Sec. 802. - Qualifications.
City officials, when recommending or nominating persons to serve on boards and commissions, shall seek outstanding individuals whose commitment and talents will contribute to the purposes and functions of the body and who reflect the geographic and demographic diversity of the city. Each member of a board or commission shall be a resident of the City and no voting member of any board or commission shall hold any other office or position in the City government for which compensation is paid.
Sec. 803. - Meetings; subpoena power.
Each board or commission shall hold regular meetings as required by this Charter or by ordinance and such special meetings as such board or commission may require. All proceedings of the board or commission shall be open to the public, except as provided by State law. Except as may be otherwise provided in this Charter, the City Manager shall designate a secretary for the recording of minutes for each board and commission, who shall keep an adequate record of its proceedings. Each board and commission may prescribe its own rules and regulations which shall be consistent with this Charter and applicable City ordinances. Copies of each board' s or commission' s rules and regulations shall be kept on file in the Office of the City Clerk and available for public inspection. Each board or commission may request from the City Council the power to compel the attendance of witnesses, to compel the production of evidence before it and to administer oaths and affirmations. The City Council, by resolution, shall have sole discretion to provide such power to boards and commissions, except as otherwise provided herein.
Sec. 804.- Notice of Meetings of Boards and Commissions. a) For any regular meeting of a City board or commission subject to the requirements of the Ralph M. Brown Act ( Calif. Government Code x$ 54950 et. seg.), the City shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, not later than six ( 6) calendar days before the regular meeting. b) For any special meeting of a City board or commission subject to the requirements of the Ralph M. Brown Act ( Calif. Government Code &$ 54950 et. seg.), the City shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, not later than seventy two ( 72) hours before the special meeting.
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ATTACHMENT H
c) An agenda and notice of an emergency or dire emergency meeting of a City board or commission shall be posted and given as provided in the Ralph M. Brown Act ( Calif.
Government Code §§ 54950 et. seq.)
d) A City board or commission may take action on items of business not appearing on the posted agenda under any of the exceptions provided in the Ralph M. Brown Act ( Calif.
Government Code §§ 54950 et. seq.)
e) Except as otherwise provided herein, the City shall comply with the requirements of the Ralph M. Brown Act ( Calif. Government Code $ 54950 et. seq.) for City board and commission meetings subject to the Act.
Sec. 805. - Other Boards and Commissions.
The Council shall by ordinance create a Planning Commission and any other necessary boards or commissions, with appropriate guidelines incorporating applicable provisions of this Charter.
ARTICLE IX. - Elections
Sec. 901. - General Municipal Elections.
General municipal elections for the election of Councilmembers and for such other purposes as the Council may prescribe shall be held in the City on the first Tuesday after the first Monday in November in each even- numbered year.
Sec. 902. - Special Municipal Elections.
All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections.
Sec. 903. - Procedure for Holding Elections.
Unless otherwise provided by ordinance, all elections shall be held in accordance with the provision of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter.
Sec. 904. - Initiative, Referendum and Recall.
The powers of the initiative and referendum and of the recall of elected City officers are hereby reserved to the electors of the City. The provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended or superseded, governing the exercise of the powers of initiative and referendum in cities, and governing the exercise of the power of recall of municipal officers, shall apply to the exercise of those powers in the City insofar as such provisions are not in conflict with the provisions of this Charter.
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ATTACHMENT H
ARTICLE X. - Financial Procedures
Sec. 1001. - Fiscal Year.
The fiscal year of the City shall begin on the first day of July and end on the next following last day of June.
Sec. 1002. - Preparation of Proposed Annual Budget.
On such date in each year as determined by the City Manager, each department, agency, board and commission shall submit to the City Manager through the Director of Finance/ City Treasurer written estimates of the necessary expenditures and estimates of revenues expected to accrue to the City during the next fiscal year. The City Manager, with the advice and assistance of the Director of Finance/ City Treasurer, shall review such estimates, hold conferences thereon with each department, agency, board or commission, and may revise any estimates.
Sec. 1003. - Submission of Budget and Budget Message.
At least 45 days prior to the beginning of each fiscal year, the City Manager shall submit to the Council a proposed budget for the next fiscal year and an accompanying budget message.
Sec. 1004. - Budget Message.
The City Manager' s message shall explain the budget in both fiscal and in work program terms. It shall outline the proposed financial policies of the City, describe the important features of the budget, indicate any major changes from the preceding year in financial policies, expenditures, and revenues, together with the reasons for such changes, summarize the City' s debt position, and include such other information as the City Manager deems necessary.
Sec. 1005. - Budget.
The budget shall provide a complete financial plan of all City operating funds and activities for the next fiscal year and shall be in such form as the City Manager deems desirable or the Council may require. The budget shall contain a clear general summary of its contents; show all revenues in detail and by fund totals; and show all proposed expenditures, including debt service, by department and by fund[.} It shall also contain comparative figures for actual and estimated revenues and expenditures of the current fiscal year and revenues and expenditures of the preceding year. It shall further contain:
a) Proposed goals, objectives and expenditures presented for each fund by organizational unit, program, or activity, and the method of financing such expenditures; and b) Proposed capital expenditures during the next fiscal year for each fund and the method of financing.
Sec. 1006. - Council Action on Budget.
a) Notice and Hearing. To achieve wide dissemination of information to the residents, the Council shall publish a general summary of the budget in one or more general circulation newspapers. The Council is encouraged to publish the summary in additional media including foreign language newspapers and electronic media. The message shall include:
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ATTACHMENT H
1) Times and places where copies of the budget message are available for inspection by the public, and
2) Time and place, not less than two ( 2) week& en ( 10) days after such publication, for a public hearing on the budget.
b) Modification Before Adoption. After the public hearing, the Council may adopt the budget with or without modification. Any modification may add or increase programs or amounts, or delete or decrease programs or amounts, except restricted program amounts, and except expenditures required by law or for debt service. However, no modification shall increase the total authorized expenditures to any amount greater than total estimated revenue plus the Garried fE)PNor.! unreserved fund balance. c) Adoption. The Council shall adopt the budget on or before the last day of each fiscal year. To implement the adopted budget, the Council shall concurrently adopt an appropriation resolution making appropriations by department or major organizational unit in the General Fund and by fund total for all other funds. If the Council fails to adopt the budget by this date the amounts appropriated for current operation for the prior fiscal year shall be deemed adopted for the current fiscal year on a month to month basis, with all items in it prorated accordingly, until such time as the Council adopts a budget for the current fiscal year.
Sec. 1007. - Amendments after Adoption.
a) Supplemental Appropriations. If during the fiscal year the City Manager determines that there are available revenues in excess of those estimated in the budget, the Council by resolution may make supplemental appropriations for the year up to the amount of such excess.
b) Reduction of Appropriations. If during the fiscal year it appears probable to the City Manager that the revenues or fund balances will be insufficient to finance the expenditures for which appropriations have been authorized, the City Manager, after evaluation, shall report to the Council without undue delay, indicating the estimated amount of deficit, any remedial action taken by the City Manager and recommendations for any further action. The Council shall then take such further action as deemed necessary to prevent or reduce any deficit.
c) Transfer of Appropriations. At any time during the fiscal year the Council may by resolution transfer part or all of the unencumbered appropriation balance from one department or major organizational unit to the appropriation for another department or major organizational unit within the same fund.
d) Limitation. No appropriations for debt service may be reduced or transferred below the amount required for debt service, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance.
Sec. 1008. - Lapse of Appropriations.
Every appropriation, except an appropriation for a capital improvement expenditure, shall lapse at the close of the fiscal year. Encumbered funds may be carried to the next fiscal year by resolution as recommended by the City Manager and adopted by the Council. An appropriation for a capital improvement expenditure shall continue in force, with written justification, until expended, revised or repealed. The purpose of any such appropriation shall be deemed abandoned if three ( 3) years pass without any disbursement from or encumbrance of H- 20
ATTACHMENT H
the appropriation. Projects will also be considered abandoned, with any remaining appropriation removed, if five ( 5) years pass with less than ten percent ( 10%) of the project budgeted expended or encumbered.
Sec. 1009. - Overspending of Appropriations Prohibited.
No payment shall be made or obligation incurred except in accordance with appropriations duly made, or in the case of an emergency situation only with written City Manager authorization. A violation of this provision may be cause for removal of any person who knowingly authorized or made such payment or incurred such obligation.
Except where prohibited by law, however, nothing in this Charter shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds, or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, but only if such action is made or approved by resolution of the Council.
Sec. 1010. - Capital Improvement Program.
a) Submission to City Council. The City Manager shall prepare and submit to the Council a five ( 5) year or longer capital improvement program no later than the final date for submission of the operating budget.
b) Contents. The capital improvement program shall include:
1) Clear general summary of the contents;
2) List of all capital improvements proposed to be undertaken during the next five 5) fiscal years, with appropriate supporting information of the necessity of each; 3) Cost estimates and recommended time schedules for each improvement or other capital expenditure;
4) Method of financing each capital project; and
5) Estimated annual cost of operating and maintaining the facilities to be constructed or acquired.
The above shall be revised and extended each year for capital improvements still pending or in process of construction or acquisition.
Sec. 1011. - City Council Action on Capital Improvement Program. a) Notice and Hearing. To achieve wide dissemination of information to the residents, the Council shall publish a general summary of the capital improvement program in one or more general circulation newspapers. The Council is encouraged to publish the summary in additional media including foreign language newspapers and electronic media. The message shall include:
1) Times and places where copies of the capital improvement program are available for inspection by the public, and
2) Time and place, not less than two ( 2) weel-& ten ( 10) days after such publication, for a public hearing on the capital improvement program. b) Adoption. The Council by resolution shall adopt the capital improvement program with or without amendment after the public hearing, and on or before the last day of the fiscal year.
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ATTACHMENT H
Sec. 1012. - Public Records.
Copies of the operating budget, capital improvement program and budget resolutions shall be public records and shall be made available to the public at suitable places in the City.
Sec. 1013. - Bonded Indebtedness and Certificates of Participation. a) Bonded Indebtedness. The City and its agencies may issue general obligation bonds when authorized by the affirmative vote of not less than two- thirds ( 2/3) of the electors voting on the issue.
b) Certificates of Participation and Similar Debt Instruments. The City may issue Certificates of Participation and similar debt instruments not to exceed five ( 5) percent of the total assessed valuation of real and personal property in the City for purposes of City taxation when authorized by the affirmative vote of not less than five- sevenths ( 5/7) of the total membership of the Council. Additionally, the sum of interest and principal payments of these current year obligations charged to the General Fund may not exceed twenty percent ( 20%) of the previous year' s revenue of the General Fund. c) Debt Limit. The total indebtedness authorized by subsections ( a) and ( b) above shall not exceed fifteen ( 15) percent of the total assessed valuation of real and personal property in the City for purposes of City taxation. Additionally, the sum of the interest and principal payments of all obligations ( referenced in (a) and ( b) above) charged to any fund may not exceed 30 percent of the previous year' s revenue of that fund.
Sec. 1014. - Demands.
All monetary demands, except liability demands, against the City must be in writing, and must specify the date, nature and amount of each item. Each such demand shall be presented to the Director of Finance/ City Treasurer for examination and auditing. If the amount is legally due and payable and an unexhausted appropriation balance at the fund level remains against which the amount may be properly charged, the Director of Finance/ City Treasurer shall approve such demand and make payment. Otherwise the Director of Finance/ City Treasurer shall refer the demand to the City Manager for resolution.
Sec. 1015. - City Taxes.
All proposed, increased or extended City taxes imposed on all ta..r,ayeFo shall not be effective unless and until approved by affirmative veto of a rnaje ity of the electors voting on the issue as set forth in State law.
Sec. 1016. - Independent Audit.
The Council shall provide for an independent annual audit of all City accounts and may provide for more frequent audits as necessary. Such audits shall be public records and made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City or any of its employees. The Council may designate such accountant or firm annually for a period not exceeding three ( 3) years with an option to extend the contract for an additional two ( 2) years, but the designation for any particular fiscal year shall be made no later than thirty ( 3%-_ sixty 60 days after the beginning of such fiscal year.
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ATTACHMENT H
ARTICLE XI. - Revenue Bonds
Sec. 1101. - Authority to Issue and Required Vote.
a) The City shall have the power to issue revenue bonds for the purpose of financing the acquisition, construction, extension, improvement or repair of any municipal utility or other revenue producing facilities. Such bonds shall be proposed either by initiative or by the affirmative vote of five- sevenths ( 5/7) of the total membership of the Council. Said bond shall be issued if authorized by the affirmative vote of a majority of those electors voting on the question of incurring such indebtedness at any election at which such question is submitted to the electors of the City.
b) The Council may issue and sell authorized bonds, may fix the terms and conditions thereof, and may make, fix and establish such covenants, conditions, terms and provisions as necessary or desirable to facilitate the issuance and sale of the bonds or for the protection and security of the bondholders.
c) Bonds issued pursuant to this article shall not be general obligations of the City but shall be payable, principal and interest, solely from revenues or other special funds specifically pledged to that purpose.
ARTICLE XII. - Contracts and Purchasing
Sec. 1201. - In General.
Except as otherwise provided in this Charter, the City shall not be bound by any contracts unless made in writing and authorized by the Council. The Council shall adopt all necessary requirements to implement this section.
Sec. 1202. - Centralized Purchasing.
The City Manager shall establish a centralized purchasing system for the City. The Council shall adopt all necessary requirements to implement this section.
Sec. 1203. - Competitive Bidding.
The Council shall adopt all necessary requirements to set limits for competitive bidding.
Sec. 1204. - Illegal Interest in Contracts.
No member of the Council or other officer.- o-r-department head or employee of the City shall have any financial interest in any contract, sale or transaction to which the City is a party if having such interest constitutes a violation of the State law pertaining to interest in contracts.
Any such person having any such prohibited interest shall be guilty of a misdemeanor, and upon conviction thereof, in addition to such penalties as may be imposed by the court, such person shall forfeit his office. Any contract, sale or transaction in which there shall be any such prohibited interest shall become void at the option of the City when so declared by resolution of the Council.
Sec. 1205. - Split Bidding Prohibited.
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ATTACHMENT H
It shall be expressly forbidden to split or separate into smaller projects or job tasks any requirements for goods and services for the purpose of evading the competitive bidding limits as set by the Council.
ARTICLE XIII. - Franchises
Sec. 1301. - Requirement and Granting of Franchises.
Except as provided by Federal or State law, aAny person or organization furnishing the City or its inhabitants with any public utility product or service, or traversing any portion of the City for the transmitting or conveying of any such product or service elsewhere, or using or occupying public streets, alleys, ways or places within the City for any purpose, shall be required by ordinance to have a franchise from the City.
The Council may grant a franchise to any person or organization, whether operating under an existing franchise or not, and may set the terms and conditions of any such grant, including the compensation to be paid to the City.
The Council may also provide the method of and procedure for the application for the granting of any such franchise and any other terms and conditions of such grants as specified in Section 1302.
Sec. 1302. - Procedure.
a) Before granting any franchise, the Council shall adopt a resolution declaring its intention to grant the franchise stating the name of the proposed grantee, the character of the proposed franchise, and the terms and conditions upon which it is proposed to be granted. Such resolution shall provide for a public hearing. b) Notice and Hearing. To achieve wide dissemination of information to residents, the Council shall publish a general summary of the proposed franchise in one ( 1) or more general circulation newspapers. The Council is encouraged to publish the general summary in additional media including foreign language newspapers and electronic media. The message shall include:
1) Times and places where copies of the proposed franchise are available for inspection by the public, and
2) Time and place, not less than two ( 2) weekcten ( 10) days after such publication, for a public hearing on granting the franchise.
Thereafter the franchise may be granted by ordinance on the terms and conditions specified in the resolution. Any ordinance granting a franchise shall not be adopted as an urgency ordinance to take immediate effect. Such ordinance is subject to the power of referendum as provided for elsewhere in this Charter.
Sec. 1303. - Terms of Franchise.
Every franchise shall state the term for which it is granted, which shall not exceed ten 10) years unless approved by five- sevenths ( 5/ 7 ) of the total membership of the Council. If a franchise is granted for or in connection with a public utility subject to the jurisdiction, regulation and control of the State Public Utilities Commission it may be indeterminate.
Indeterminate franchises shall remain in effect until:
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ATTACHMENT H
a) voluntarily surrendered or abandoned,
b) purchased,
c) acquired through eminent domain, or
d) forfeited due to noncompliance.
Sec. 1304. - Eminent Domain.
No franchise, or grant of a franchise, shall in any way, or to any extent, impair or affect the right of the City to acquire the property of the possessor by purchase or condemnation, and nothing therein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City' s right of eminent domain with respect to the property of the possessor of any franchise. Every franchise granted by the City is granted upon the condition, whether expressed in the grant or not, that such franchise shall not be given any value before any court or other public authority in any proceeding of any character in excess of any amount actually paid by the grantee to the City at the time of the grant.
Sec. 1305. - Right of the City to use Poles.
In connection with the establishment, operation or maintenance by the City of any fire, police, or other alarm, telephone or other communication system, the City shall have the right to use poles placed in the streets by any public utility company, whether or not such right has been expressly set forth and reserved in the franchise of such company.
Article XIV. - Municipal Campaign Financing and Conflict of Interest Sec. 1401. - Voluntary Expenditure Ceiling.
a) Pursuant to California Government Code Section 85400( c) [ Government Code § 85400( c)] or its successor statutes, a voluntary expenditure ceiling not to exceed, in the aggregate, twenty- five cents ($ 0.25) per resident of the district, shall apply to each election in the district in which the candidate is seeking elective office. b) The twenty- five cents ($ 0.25) per resident basis shall be increased by twenty- five percent ( 25%) of any increase subsequently permitted by California Government Code Section 85400( c) [ Government Code § 85400( c)] or its successor statutes regarding voluntary expenditure ceilings for municipal candidates.
Sec. 1402. - Use of Surplus Funds from Campaign for Public Office.
All funds that exceed election campaign expenses for public office, or the repayment of campaign loans, or expense as specified in California Government Code Sections 89519( a) and 85305( c) [ Government Code §§ 89519( a) and 85305( c)] or any successor statutes, known as surplus campaign funds" or" surplus funds," shall be turned over to the City' s General Fund within ninety ( 90) days after withdrawal, defeat, or election to office.
Sec. 1403. - Conflict of Interest.
A Councilmember shall not cast a vote on any matter relating to any person or business entity that has contributed more than two hundred fifty dollars ($ 250) to all said Councilmember' s City election campaigns for the current term. The vote of any Councilmember violating the above shall be invalid.
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ATTACHMENT H
ARTICLE XV. - Definitions and Miscellaneous
Sec. 1501. - Definitions.
Unless the provision or the context requires otherwise, the following terms as used in this Charter shall have the following meanings:
a) " Shall" is mandatory and " may" is permissive. b) " City" is the City of Pomona and " office," " department," " board," " commission," officer," " department head" or " employee" is an office, department, board, commission, officer, department head or employee as the case may be, of the City of Pomona.
c) " County" is the County of Los Angeles.
d) " State" is the State of California.
e) " Federal" is the United States of America.
f) " Agency" or " agencies of the City" shall not include the Successor Agency to the Former Redevelopment Agency or the Pomona Public Financing Authority.
Sec. 1502. - Violations.
Except as provided elsewhere in this Charter, the violation of any provision of this Charter or of any ordinance of the City shall constitute, at the discretion of the Council, a misdemeanor or infraction and may be prosecuted in the name of the people of the State of California or may be redressed by civil action. Any such violation, if a misdemeanor, shall upon conviction be punishable by a fine or by imprisonment, or both, not to exceed the amount provided in the California Penal Code for the punishment of misdemeanors. If an infraction, the fine shall not exceed the amount provided in the California Penal Code for the punishment of infractions.
ARTICLE XVI. - Charter Amendment
Sec. 1601. - Proposal of Amendment.
Amendments to this Charter may be proposed and placed on the ballot:
a) by the voters of the City following procedures for Initiatives as specified in the California Elections Code.
b) by ordinance or resolution of the Council containing the full text of the proposed amendment and passed by five- sevenths ( 5/7) of the total membership of the Council.
c) by one or more report( s)/ charter amendment proposal( s) of athe Charter Commission created and operating as specified in Article XVII.
Sec. 1602. - Elections.
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ATTACHMENT H
Except as provided in this Charter or by Council ordinance, € elections shall be governed by the California Elections Code and other applicable State law.
Sec. 1603. - Adoption of Amendment.
Amendments to this Charter shall become effective byonly if approvedal of2y a simple majority of the City' s eleEtOrsvoters voting on the issue. If approved by the voters, any amendment shall become effective at the time fixed
r the ar~
eR
d„
eRt OF ;
f n„ time is fiver!
thirty ( 30) days
after its adGPtiGR by
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torobv State law.
ARTICLE XVII. - Charter Commission
Sec. 1701. - Charter Commission.
Beginning onjanuary of the year 2010, and Onjanuary of every tenth year thereafter,- the Charter. No later than twelve ( 12) months frern eaGh inGeption, the Commission shall submit proposals to the Gity Clerk for plaGemeRt on the ballet at the next SGheduled e!eGtuen-. a) In June of the year 2029 and in June of every tenth year thereafter, the City Council shall appoint a Commission to review, consider, and propose amendments to the existing Citv Charter as more specifically set forth in Section 1702. b) Members of the Commission shall attend an orientation meeting no later than July of the year of their appointment. Thereafter, the Commission shall meet on a schedule as determined by its members.
c) By no later than its first meeting after the orientation meeting, the Commission shall adopt its by- laws and select a Chair from amongst its members to serve for as long as the Commission is seated or until the Commission selects another Chair. Should the Commission fail to select a Chair by the end of its first meeting after the orientation meeting then the Mayor' s appointee to the Commission shall serve as the Chair. d) No later than twenty- four( 24) months after the orientation meeting, the Commission may approve and submit single or multiple Charter amendment proposals in one or more reports to the City Clerk for direct placement on the ballot in one or more elections pursuant to Section 1601( c). After submission by the Commission, the City Clerk shall agendize each proposal for City Council action, who shall immediately place the proposal on the ballot at the next available scheduled City election under the California Elections Code or other applicable law. The City Council shall not be required to conduct noticed public hearings on any Commission- proposed Charter amendment prior to placing it on the ballot.
e) At the Commission' s request, the City Council may suggest revisions to a draft Charter amendment under consideration by the Commission. The Commission may accept, accept in part, or refect the City Council' s suggested revisions. The City Council may not alter a draft Charter amendment without the Commission' s consent. Once the Commission submits a Charter amendment proposal to the City Clerk as set forth in H- 27
ATTACHMENT H
subsection U above, the Council shall place the Charter Amendment proposal on the ballot as approved by the Commission without alteration. f) The Commission shall otherwise have those powers and duties of an elected charter T
commission as provided by State law.
Sec. 1702. - Composition of Commission
a) The Commission shall be composed of seven ( 7) members and seven ( 7) alternates, who shall each be electors residing within the City of Pomona. Such Commission members shall not hold any elective office within the City. The Commission shall be appointed by the City Council. Each Council member shall appoint one ( 1) member and one ( 1) alternate. Council members shall make reasonable good faith efforts to select Commissioners and alternates from their respective electoral districts, however Councilmembers shall not be required to do so. The Mayor shall appoint one ( 1) member and one ( 1) alternate at- large. If any Council member fails to appoint a Commission member or alternate within 30 days of a vacancy, then the Mayor shall make the appointment to fill the vacancy.
b) An alternate shall replace his/ her appointed Commission member at a meeting if that appointed Commission member is absent from the meeting and shall replace his/ her appointed Commission member permanently if that appointed member resigns, is removed or otherwise cannot serve his/ her full term on the Commission. An alternate replacing an appointed Commission member shall be counted toward a quorum and may cast a vote on matters coming before the Commission in lieu of the appointed Commission member. Commission members and alternates shall serve a term of twenty- four ( 24) months without regard to the remaining term of the Council member/ Mayor that appointed them, or until such earlier date as determined by the Commission. No member of the Commission may be removed during their term except upon the request of a majority of the Commission and upon a 5/ 7 vote of the City Council.
Sec. 1703. - Staff and Legal Counsel
The Commission shall have an administrative staff member who shall be the principal liaison between City administration and the Commission. The staff person shall have full access to all City documents, personnel, and materials required by the Commission for the carrying out of their duties. In addition, an attorney shall be made available to the Commission at their meetings to provide independent legal advice to the Commission." H- 28