CITY OF POMONA
COUNCIL REPORT
December 19, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rosalia A. Butler, MMC, City Clerk
SUBJECT: OFFICIAL ELECTION RESULTS OF THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2022-221 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8, 2022 DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW EXECUTIVE SUMMARY:
Pursuant to Sections 10262 and 10263 of the California Elections Code, the Elections Official shall certify the results to the governing body and the governing body shall adopt a resolution reciting the fact of the election, declaring the official results and such other matters as provided by law, no later than the next regularly scheduled City Council meeting following presentation of the canvass, or at a special meeting called for that purpose.
FISCAL IMPACT:
There is no fiscal impact to this action at this time.
DISCUSSION:
On November 8, 2022, a General Municipal Election was held in consolidation with the Los Angeles County Local and Municipal Consolidated Elections for the purpose of electing three Members of the City Council for District’s 2, 3 & 5 for the full term of four years and voting on the following measures:
MEASURE PC – Amending the Pomona City Charter 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 us 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.
MEASURE PE – Amending the Pomona City Charter 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 government 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.
MEASURE PG – Amending the Pomona City Charter to include 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.
MEASURE PI – Amending the Pomona City Charter 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.
MEASURE PL – Amending the City Charter to establish a local primary election for 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.
MEASURE PO – Amending the City Charter 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.
MEASURE PR – Amending the City Charter 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.
MEASURE PS – Enacting a $0.15 per gross square foot special tax on industrial parcels located within the City, subject to annual CPI adjustment, generating approximately $14,000,000 annually in dedicated revenue that may be used solely for the capital improvement, operation, maintenance, repair and/or restoration of Pomona public streets, roadways, sidewalks, roadway lighting, traffic signals or other right of way improvements that implement a Complete Streets Plan, until ended by voters.
MEASURE PT- Amending the Pomona City Charter to enact a three consecutive term limit on elected service in Pomona, whether serving as Mayor or as a Councilmember, followed by a four-year “cooling off” period after serving three consecutive terms during which a person may not serve on the City Council.
The Los Angeles County Election Department conducts a canvass of all election returns and has verified that all ballots have been counted and accounted for. The Registrar-Recorder/County Clerk has certified the results and has submitted the Official Canvass Certificate and the Official Statement of Votes Cast. The Los Angeles County Board of Supervisors declared the election results official on December 5, 2022. The results are marked as “Exhibit A” to the attached resolution (Attachment No.’s 1 & 2).
The canvass of this election verified that the number of registered voters in Pomona for this election was 74,017; the whole number of ballots cast in the precincts excluding vote by mail voter ballots was 5,138; the whole number of vote by mail voter ballots cast was 17,583, making a total of 22,721 ballots cast in the City which results in a 31% turnout. By a majority vote, Victor Preciado has been elected Councilmember for District 2; Nora Garcia has been elected Councilmember for District 3; and Steve Lustro has been elected Councilmember for District 5. All terms of office are for four-year terms.
By a majority vote, Measure PC, Measure PE, Measure PG, Measure PI, Measure PL, Measure PO, Measure PR, and Measure PT were all carried and shall be deemed adopted and ratified.
Measure PS was not carried, and shall not be deemed adopted and ratified. Measure PS required a 2/3 “yes” vote (or 66.67%) and this threshold was not met. The total number of “yes” votes was 11, 514 (56.02%) and the total number of “no” votes was 9,038 (43.98%).
The City Council is required by State Law to adopt a resolution certifying the election results. Once the election results have been certified, the City Council should proceed with the installation of the newly elected officers.
Prepared by:
_____________________________
Karla Shipman, CMC
Assistant City Clerk
ATTACHMENT(S):
Attachment No. 1 – Resolution No. 2022-221 – Declaration of Election Results Attachment No. 2 – Exhibit A – Election Official’s Certificate of Canvass Adoption of November 8, 2022 Election Results