RESOLUTION NO. 2022-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF THREE MEMBERS OF THE CITY COUNCIL AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES AND FOR THE SUBMISSION TO THE VOTERS EIGHT (8) QUESTIONS RELATING TO AMENDING THE CITY’S CHARTER WHEREAS, under the provisions of the laws relating to Charter Cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at the election eight (8) questions relating to amending the City’s Charter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to Charter Cities, there is called and ordered to be held in the City of Pomona, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing three (3) Members of the City Council for Districts 2, 3 and 5, for the full term of four (4) years.
SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following eight (8) questions:
For the Police Oversight Commission Measure
"Shall the City Charter be amended to create a police oversight 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 Department; and to advise City officials and conduct public outreach on policing/community relations issues?" YES
NO
For the Ethics Commission Measure
For the Independent Redistricting Commission Measure:
"Shall the City Charter be amended to create an independent citizens' 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 State law?" YES
NO
For the Term Limits Measure:
For the Resign to Run Measure:
"Shall the City Charter be amended to establish a "resign to run" rule 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 Councilmember's current term ends?" YES
NO
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 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?" NO
For the Campaign Finance Measure:
"Shall the City Charter be amended to change the City’s campaign finance and conflict of interest laws; including updates to the City’s campaign contribution limits, voluntary expenditure ceiling, rules for use of surplus campaign funds, and mandating disclosure of certain campaign contributions by a Councilmember prior to casting a vote on a City matter where the contributor is the applicant? YES
NO
For the General Charter Update Measure:
"Shall the City Charter be amended to make various updates and 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 commissions and boards, and making various other technical changes as specified therein?" YES
NO
SECTION 3. That the proposed complete text of each measure (Charter Amendments) submitted to the voters is attached as “Exhibit A.” SECTION 4. That the vote requirement for the measure to pass is a majority (50% + 1) of the votes cast.
SECTION 5. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 7. That the vote centers for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the vote centers shall be closed, pursuant to Elections Code Section 10242, except as provided in Sections 14212, 14401 of the Elections Code of the State of California.
SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election in time, form, and manner as required by law.
SECTION 10. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Los Angeles Registrar-Recorder/County Clerk, the City Council, in accordance with Election Code 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
SECTION 11. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
SECTION 12. That the City Clerk shall certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 6th day of June, 2022.
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 adopted by the City Council of the City of Pomona at a regular meeting thereof held on June 6, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rosalia A. Butler, MMC
City Clerk
ATTACHMENT NO. 2
Resolution No. 2022-102
June 6, 2022
Page PAGE 3 of NUMPAGES 5
"Shall the City Charter be amended to create an ethics commission of 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 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?" YES
NO
"Shall the City Charter be amended to enact a three consecutive term limit 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 Council?" YES
NO