RESOLUTION NO. 2022-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Pomona called a General Municipal Election to be held on November 8, 2022 for the purpose of the election of three (3) Members of the City Council for Districts 2, 3 and 5, for the full term of four (4) years; and
WHEREAS, the City Council is submitting to the voters eight (8) questions relating to amending the City’s Charter; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date, and that within the City, the precincts, vote centers and election officers of the two (2) elections be the same, and that the County Election Department of the County of Los Angeles canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one (1) election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POMONA,
CALIFORNIA, DOES HEREBY RESOLVE, DECLAR E, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Munic ipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of the election of 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 following eight (8) measures are to appear on the ballot as follows:
(A) 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 conce rns 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
ATTACHMENT NO. 4
Resolution No. 2022-103
June 6, 2022
(B) For the Ethics Commission Measure
(C) 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 dist ricts every ten years or as needed after the United States Census in accordance with applicable Federal and State law?"
YES
NO
(D) For the Term Limits Measure:
(E) For the Resign to Run Measure:
"Shall the City Charter be amended to establish a "resi gn 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
"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 lo cal 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
ATTACHMENT NO. 4
Resolution No. 2022-103
June 6, 2022
(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 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
(G) For the Campaign Finance Measure:
"Shall the C ity 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 ce rtain campaign contributions by a Councilmember prior to casting a vote on a City matter where the contributor is the applicant?
YES
NO
(H) 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 maj ority (50% + 1) of the votes cast.
SECTION 5. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The Election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.
ATTACHMENT NO. 4
Resolution No. 2022-103
June 6, 2022
SECTION 6. That the Board of Supervisors is requested to issue instructions to the County Election Depa rtment to take any and all steps necessary for the holding of the consolidated election.
SECTION 7. That the City of Pomona recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 8. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Department of the County of Los Angeles.
SECTION 9. That th e City Clerk shall certify to th e 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 Co uncil 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. 5
Resolution No. 2022-104
June 6, 2022
RESOLUTION NO. 2022-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POMONA, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT A
GENERAL MUNICIPAL ELECTION TO BE HELD ON T UESDAY,
NOVEMBER 8, 2022
WHEREAS, the City Council of the City of Pomona called a General Municipal Election to be held on November 8, 2022 for the purpose of the election of three (3) Members of the City Council for Districts 2, 3, and 5, for the full term of four (4) years; and
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POMONA,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS.
That pursuant to Section 13307 of the Elections Cod e of the State of California, each candidate for elective office to be voted for at a General Municipal Election to be held in the City of Pomona on Tuesday, November 8, 2022 may prepare a candidate’s statement on an appropriate form provided by the City C lerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations.
The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement m ay be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of Los Angeles. The County is required to translate candidates’ statements into the following languages: Spanish, Chinese, Japanese, Korean, Tagalog, and Vietnamese.
B. The County w ill print and mail voter information guides and candidates statements to all voters in Spanish, Chinese, Japanese Korean, Tagalog, and Vietnamese to only those voters who are on the county voter file as having requested a voter information guide in a parti cular language. The County will make the voter information ATTACHMENT NO. 5
Resolution No. 2022-104
June 6, 2022
guides and candidates’ statements in the required languages available at all vote centers, on the County’s website, and in the Election Official’s office.
SECTION 3. PAYMENT.
A. Translations:
1. The candidate shall not be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in subsections A and/or B of Section 2, above, pursuant to Federal and/or State law.
2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in subsections A and/or B of Section 2 , above, pursuant to Federal and/or State law, but is requested as an option by the candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required in subsection “A” of Section 2, above, in the main voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidates’ statements filed pursuant to this section, including costs incur red as a result of complying with the Voting Rights Act of 1965, as amended, and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in t he voter’s pamphlet. In the event the estimated payment is required, the estimate is only an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of und erpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the election.
SECTION 4. MISCELLANEOUS.
A. All translations shall be provided by professionally-certified translators.
B. The City Clerk shall allow (bold type) (underlining) (capitalization) (indentations) (bullets) (leading hyphens) to the same extent and manner as allowed in previous City elections.
C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
ATTACHMENT NO. 5
Resolution No. 2022-104
June 6, 2022
SECTION 5. ADDITIONAL MATERIALS.
No candidate will be permitted to include additional materials in the voter information guide.
SECTION 6. The City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 7. That all previous resolutions establishing Council policy on payment for candidates’ statements are repealed.
SECTION 8. That this resolution shall apply only to the General Municipal Election to be held on November 8, 2022 and shall then be repealed.
SECTION 9. The City Clerk shall certify to the passage and adoption of this Resolution and it shall thereupon be in full force and effect.
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 t hat 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