CITY OF POMONA
COUNCIL REPORT
February 22, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Rosalia A. Butler, MMC, City Clerk
SUBJECT: REVIEW AND DISCUSSION OF EIGHT (8) NEW CHARTER
AMENDMENTS APPROVED BY VOTERS DURING THE NOVEMBR
8, 2022 GENERAL MUNICIPAL ELECTION
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1) Review and discuss staff recommendations regarding the eight (8) new voter approved Charter amendments; and
2) Provide direction to staff.
EXECUTIVE SUMMARY:
During the November 8, 2022 General Municipal Election (“Election”), voters ratified eight (8) new Charter amendments listed on the City of Pomona’s (“City”) ballot (Attachment No. 1). City Council approved the election results including the adopted Charter amendments (“amendments”) during the December 19, 2022 City Council meeting. The amendments have been received and filed by the Los Angeles Registrar -Recorder’s Office and the Secretary of State, and are now considered to be official and in effect. At this time, staff is requesting that the City Council review each Charter amendment and give direction to staff as to how to proceed with the implementation of the amendments , as some are detailed and self -implementing and others require additional actions by staff and the City Council.
FISCAL IMPACT:
There is no fiscal impact to this action at this time.
Discussion & Review of Charter Amendments
DISCUSSION:
On November 8, 20 22, 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 ; voting on a special tax measure; and voting on eight (8) Charter amendment measures.
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 were deemed adopted and ratified.
In order to comply with the newly ratified Charter amendments, staff is requesting that the City Council review each amendment and provide further direction on those amendments that do not specify the course of action to take to implement such amendment. Each amendment will be further discussed below to indicate the impact or impacts it will have on the current City Charter or City operations. Staff recommendations are also provided for Council consideration in relation to each amendment.
POLICE OVERSIGHT COMMISSION AMENDMENT
Amended 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 conne ction with the Pomona Police Department, and to advise City officials and conduct public outreach on policing/community relations issues.
Staff recommends Council consider the following options and choose the third option:
Dismantle current Police Oversight Commission established by Ordinance No. 4303 Direct staff to create ordinance establishing Police Oversight Commission under the new requirements of the ratified Charter amendment OR
Direct staff to amend Ordinance No. 4303 to include requirement s established by the ratified Charter amendment
Provide direction to staff on recruitment process
Staff have provided a comparison chart of the voter approved Charter amendment and Ordinance No. 4303 in Attachment No. 2.
ETHICS COMMISSION AMENDMENT
Amended 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.
Staff recommendation(s):
Establish commission by ordinance
Discussion & Review of Charter Amendments
INDEPENDENT REDISTRICTING COMMISSION AMENDMENT
Amended 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.
Staff recommendation(s):
Review new requirements for commission.
No action needed by Council on this amendment at this time.
TERM LIMITS AMENDMENT
Amended 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.
Staff recommendation(s):
Review new requirements of amendment.
No action needed by Council on this amendment at this time.
RESIGN TO RUN AMENDMENT
Amended 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.
Staff recommendation(s):
Review new requirements of amendment.
No action needed by Council on this amendment at this time.
PRIMARY ELECTION AMENDMENT
Amended 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.
Staff recommendation(s):
Review new requirements of amendment.
No action needed by Council on this amendment at this time.
Discussion & Review of Charter Amendments
CAMPAIGN FINANCE AND CONFLICT OF INTEREST AMENDMENT
Amended 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 c ertain campaign contributions by a Councilmember prior to casting a vote on a City matter where the contributor is the applicant.
Staff recommendation(s):
Review new requirements of amendment.
No action needed by Council on this amendment at this time.
CHANGES TO VARIOUS SECTIONS OF THE CITY CHARTER AMENDMENT Amended 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.
Staff recommendation(s):
Review new requirements of amendment.
No action needed by Council on this amendment at this time.
Prepared by:
_____________________________
Rosalia A. Butler, MMC
City Clerk
ATTACHMENT(S):
Attachment No. 1 – June 6, 2022 Staff Report Calling November 8, 2022 Election & Submittal of Eight (8) Charter Amendments for voter approval
Attachment No. 2 – Police Oversight Commission Comparison Chart