CITY OF POMONA
COUNCIL REPORT
December 4, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Andrew Mowbray, Finance Director/City Treasurer Rosalia Butler, City Clerk
Sonia Carvalho, City Attorney
SUBJECT: CITY COUNCIL DIRECTION - BALLOT ARGUMENT CONCERNING AN INITIATIVE MEASURE TO REDUCE TRANSACTIONS AND USE TAX RATE FROM 0.75% TO 0.50% AND TO EXTEND THE TERM OF THE TAX BY REPEALING ITS MARCH 31, 2029 SUNSET RECOMMENDATION:
It is recommended that the City Council consider the information provided herein and provide direction.
EXECUTIVE SUMMARY:
At its November 6, 2023 meeting, the City Council adopted three resolutions to place an initiative measure on the March 5, 2024 Municipal Primary Election which, if passed, would reduce the rate of the City’s sales tax and extend its term by repealing its sunset. Resolution 2023-213 set rules and deadlines for the filing or written arguments and rebuttals regarding the initiative measure that will appear in the voter information guide. Consistent with California Elections Code section 9282, Section 1 of Resolution 2023-213 authorizes the following persons to write an argument for or against the measure:
(i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or
(iv) any combination of voters and associations.
The deadline to submit primary arguments is set for December 15, 2023. Each argument shall not exceed 300 words and shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
FISCAL IMPACT:
None at this time.
PREVIOUS RELATED ACTION:
On September 11, 2023, the City Council directed staff to prepare an impartial and informational report analyzing the impact of the initiative petition to reduce the TUT rate from 0.75% to 0.50% and to extend the term of the TUT by repealing its March 31, 2029 sunset.
On October 2, 2023, the City Council directed staff to prepare a City initiated competing measure to maintain the current TUT rate at 0.75% and extend the term of the TUT by repealing its March 31, 2029 sunset.
On November 6, 2023, the City Council adopted resolutions adding an initiative measure and competing measure to the March 5, 2024 primary election ballot pertaining to the City’s Transactions and Use tax rate.
DISCUSSION:
As a last “election housekeeping” issue, staff is requesting Council direction as to whether the Council, as the City’s legislative body, wishes to submit an argument regarding the initiative measure pursuant to the law cited above.
If so, staff would ask the Council to appoint an individual Councilmember or a subcommittee of two or three members to draft and file the argument, subject to the following procedures:
• The argument should be written by the individual Councilmember or the subcommittee members privately, without using public work time or public resources to avoid the potential of prohibited government-funded advocacy. Therefore, City staff, the City Attorney’s Office and other consultants may not draft or consult on the argument at public expense. • When complete, the argument should be filed directly with the City Clerk as required by the Elections Code and the Resolution. It should not be returned for full Council discussion as that would be using a publicly funded meeting to write a partisan argument for or against the measure. • The authors of the argument would have the opportunity to write a 250-word rebuttal to the opposite-side argument regarding the measure. The rebuttal will be due December 26, 2023 and must be written and filed in the same way as the argument.
Alternatively, the City Council can decide not to submit an argument regarding the initiative measure in the name of the City Council. In that case, no further action will be necessary this evening. Staff notes that individual City Councilmembers could still submit arguments and rebuttals for or against the measure like any other Pomona voter, subject to the applicable rules and deadlines.
Prepared by:
Andrew Mowbray
Finance Director / City Treasurer
ATTACHMENT(S):
none
City Council Direction – Ballot Argument Concerning an Initiative Measure on Transactions and Use Tax Rate