CITY OF POMONA
COUNCIL REPORT
March 18, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Rosalia A. Butler, City Clerk
SUBJECT: Adoption of Resolutions Adding an Initiative charter amendment To the NOVEMBER 5, 2024 GENERAL MUNICIPAL Election Ballot REQUIRING AT LEAST TEN PERCENT OF THE CITY’S ANNUAL UNRESTRICTED GENERAL PURPOSE REVENUES BE ALLOCATED TO CHILDREN AND YOUTH PROGRAMS AND SERVICeS RECOMMENDATION:
It is recommended that the City Council adopt the following Resolutions:
RESOLUTION NO. 2024-41 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF POMONA AN INITIATIVE CHARTER AMENDMENT REQUIRING AT LEAST TEN PERCENT OF THE CITY’S ANNUAL UNRESTRICTED GENERAL PURPOSE REVENUES TO BE ALLOCATED TO CHILDREN AND YOUTH PROGRAMS AND SERVICES, AT THE MUNICIPAL GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 (ATTACHMENT NO. 1) RESOLUTION NO. 2024-42 – 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 MUNICIPAL GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS CODE SECTION 10403 (ATTACHMENT NO. 2) RESOLUTION NO. 2024-43 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, PROVIDING FOR THE FILING OF DIRECT AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE NOVEMBER 5, 2024 MUNICIPAL GENERAL ELECTION (ATTACHMENT NO. 3) EXECUTIVE SUMMARY:
On February 26, 2024, the City Council received and filed the Impact Analysis Report on the possible effects of the proposed “Pomona Kids First” (PKF) initiative petition to amend the Pomona City Charter. Based upon the Impact Analysis Report, the City Council also approved to submit the initiative charter amendment to the voters at the next regular municipal election.
Approval of the resolutions will allow submission of ballot measure to the qualified voters of the City at the City’s next General Municipal Election to be held on Tuesday, November 5, 2024.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
The cost of the November 8, 2022 General Municipal Election was approximately $388k. The Los Angeles County Registrar-Recorder will invoice the City of Pomona for Election Services after the election.
PREVIOUS RELATED ACTION:
On February 26, 2024, the City Council approved the Impact Analysis Report on the Pomona Kids First Initiative to amend the Pomona City Charter.
On February 5, 2024, the City Council received the City Clerk’s Certificate of Sufficiency of Initiative Petition certifying the PKF Initiative had obtained the required number of signatures. The City Council directed staff to prepare an impartial and informational report (Impact Analysis Report) analyzing the impact of the PKF Initiative.
On January 24, 2024, after County verification, the City Clerk’s Office notified the proponents that the petition contains 12,948 valid signatures. While local initiative ordinance measures typically only require the valid signatures of 10 percent of the City’s registered voters to qualify, Elections Code section 9255(c) sets a higher threshold for initiative charter amendment measures of 15 percent of the City’s registered voters. According to the latest official report, there are 74,017 registered voters in the City of Pomona and 12,948 signatures represent more than 15% of that number. Therefore, this initiative charter amendment has qualified for the ballot.
On November 20, 2023, the proponents timely submitted a signed petition to the City Clerk’s Office. As is standard practice, the City Clerk’s Office forwarded the signed petition to the Los Angeles County Registrar of Voters to verify the validity of the petition signatures.
On May 15, 2023, the City received a Notice of Intent to Circulate a Petition and proposed initiative measure described above from a group of Pomona residents who are the proponents of the measure.
DISCUSSION:
At the February 5, 2024 Council meeting, the City Council directed staff to prepare an impartial and informational report analyzing the impact of the PKF Initiative on the City’s finances, ability to provide public services, land use and development regulations, and the like. Staff worked with the City’s Financial advisor, Urban Futures, Inc. (UFI), to prepare the financial impact analysis. Council was presented with the impartial Impact Analysis Report at the February 26, 2024 City Council meeting.
City Council approved to place the PFK Initiative Charter amendment on the November 5, 2024 General Municipal Election ballot. The proposed resolutions make this action possible.
Prepared by:
Rosalia A. Butler, MMC
City Clerk
ATTACHMENT(S):
Attachment 1 – Resolution No. 2024-41
Attachment 2 – Resolution No. 2024-42
Attachment 3 – Resolution No. 2024-43
Resolutions on Initiative Charter Amendment Regarding Children & Youth Programs