Pomona Municipal Code Art. XVIII Pomona Fund for Children and Youth

Beginning January 1, 2025, there is hereby established in the treasury of the City of Pomona (the "City") a special fund to expand children's services in the City, which shall be called the Pomona Fund for Children and Youth (the "Children and Youth Fund").

The City shall set aside a portion of the annual actual unrestricted general purpose revenues of the City to be transferred to the Children and Youth Fund in the amounts specified below.

a. For the last six months of fiscal year 2024-2025 (January 1, 2025 through June 30, 2025), there is hereby set aside for the Children and Youth Fund, 2% from the City's annual actual unrestricted general purpose revenues for the express purpose of establishing and supporting the infrastructure of the Children and Youth Fund and the newly created Department of Children and Youth, as described in Section 1807, including the development of the Strategic Investment Plan, as described in Section 1808.

b. For fiscal year 2025-2026, there is hereby set aside for the Children and Youth Fund, 5% of the City's annual actual unrestricted general purpose revenues for the express purpose of establishing and supporting the infrastructure of the Children and Youth Fund and the newly created Department of Children and Youth, including the development of the Strategic Investment Plan.

c. For fiscal year 2026-2027, there is hereby set aside for the Children and Youth Fund, 6% of the City's annual actual unrestricted general purpose revenues, together with any interest earned on the Children and Youth Fund and any amounts unspent or uncommitted by the Children and Youth Fund at the end of any fiscal year.

d. For fiscal year 2027-2028, there is hereby set aside for the Children and Youth Fund, 7% of the City's annual actual unrestricted general purpose revenues, together with any interest earned on the Children and Youth Fund and any amounts unspent or uncommitted by the Children and Youth Fund at the end of any fiscal year.

e. For fiscal year 2028-2029, there is hereby set aside for the Children and Youth Fund, 8% of the City's annual actual unrestricted general purpose revenues, together with any interest earned on the Children and Youth Fund and any amounts unspent or uncommitted by the Children and Youth Fund at the end of any fiscal year.

f. For fiscal year 2029-2030, there is hereby set aside for the Children and Youth Fund, 9% of the City's annual actual unrestricted general purpose revenues, together with any interest earned on the Children and Youth Fund and any amounts unspent or uncommitted by the Children and Youth Fund at the end of any fiscal year.

g. For fiscal year 2030-2031, there is hereby set aside for the Children and Youth Fund, 10% of the City's annual actual unrestricted general purpose revenues, together with any interest earned on the Children and Youth Fund and any amounts unspent or uncommitted by the Children and Youth Fund at the end of any fiscal year.

h. For each fiscal year thereafter, there is hereby set aside for the Children and Youth Fund, 10% of the City's annual actual unrestricted general purpose revenues, together with any interest earned on the Children and Youth Fund and any amounts unspent or uncommitted by the Children and Youth Fund at the end of any fiscal year.

i. The Children and Youth Fund shall be maintained separate and apart from all other City funds and shall be appropriated annually at the time of the City's budget adoption, and by supplemental appropriation, when necessary as determined by the City Council.

j. The annual amount of actual unrestricted general purpose revenues shall be calculated by the City Manager and shall fully include all of the following sources of revenue received by the City: (1) Property Taxes, (2) General Sales and Use Taxes, (3) Utility Users Tax, (4) Property Transfer Tax, (5) Transient Occupancy Tax, (6) Fines, forfeitures and penalties, (7) Interest from general fund reserves, and (8) other revenues that the City can use for any lawful, municipal purpose. The City shall not define which revenues are to be considered unrestricted general purpose revenues in a manner inconsistent with the provisions of this section. Errors in calculation for a fiscal year shall be corrected by an adjustment in the set aside for the next fiscal year.

k. Before the end of the initial ten-year period, the Children and Youth Fund's effectiveness shall be evaluated and the funding and terms of the Children and Youth Fund shall be presented to the voters for renewal or revision, unless renewed by the City Council.

The goals of expenditures from the Children and Youth Fund seek:

a. To ensure that Pomona's children, youth and young adults are physically, emotionally, mentally and socially healthy, educated, successful in school, and live in stable, safe and supported families and communities;

b. To increase safety for children, youth, young adults, their parents/guardians, families and the communities in which they live by preventing problems and enhancing the strengths of children, youth, young adults and their families using harm reduction strategies that reflect specific individual and community needs, community care models, and alternatives to policing;

c. To ensure young people, and especially Latinx, Black, Indigenous, and youth of color, queer, transgender, and non-binary youth, and youth with physical, mental, intellectual and/or sensory disabilities are provided with gender responsive, trauma-informed, population-specific and culturally-competent services;

d. To strengthen collaboration among public agencies and community-based organizations around shared outcomes among all service providers for children, youth, young adults and their parents/guardians;

e. To ensure an equitable distribution and direct community investment of resources to all of Pomona's young people in recognition of the importance of investment in their futures from birth through young adulthood;

f. To fill gaps in services and leverage other resources whenever feasible.

a. The City shall use monies from the Children and Youth Fund only for no cost services provided to children and youth from birth to 18 years old and their caregivers, and, as defined in Section 1804.b., disconnected transitional-aged youth from ages 18 to 24 years and, when relevant, their caregivers, or as part of programs that predominantly serve children, youth and disconnected transitional-aged young adults within those ages and their caregivers, including:

i. Violence Prevention and Response: including restorative and transformative justice; programs that support positive communication and relationships between young people and within families; programs that train young people, adult allies and parents/guardians in de-escalation; programs that address domestic and sexual violence, including child abuse prevention; emergency relocation; programs that address homophobia, transphobia, bullying, and xenophobia; Violence Prevention and Response must represent a minimum of at least 1% of the yearly total fund expenses.

ii. Alternatives to Incarceration: including pre-arrest diversion, prevention, and re-entry programs for transitional aged youth and family members that live in a home with an eligible youth, substance use disorder services; and preventing and responding to police violence against children, youth, young adults and their caregivers. Alternatives to Incarceration must represent a minimum of at least 1% of the yearly total fund expenses.

iii. Education, Job Training, and Jobs: including programs that help youth stay in school; promote academic success and college and career readiness; language services; support parents/guardians in advocating for their young people's education; assist in developing life skills and gaining work experience; provide job fairs and job training, placement, expungement services, youth employment, and youth employment know your rights workshops and job opportunities. Youth jobs and wages must represent a minimum of at least 10% of the yearly total fund expenses, including general fund set aside and other revenue sources.

iv. Parent/Guardian Support: including domestic violence services and co-responder models, support services for single parent/guardian led households, family strengthening programs, fostering positive child-adult and youth-adult relationships that support young people's safety, self-esteem, well-being and positive futures; childcare and family support services. Parent/Guardian Support must represent a minimum of at least 1% of the yearly total fund expenses.

v. Media, Arts, Culture and Technology: including artistic and cultural expression and education, job and life skills development, and after school arts programs. Media, Arts, Culture, and Technology must represent a minimum of at least 1% of the yearly total fund expenses.

vi. Youth and Family Leadership, Organizing and Civic Engagement: including community organizing and support that amplify the voices and engagement of children, youth and family in how Pomona prioritizes its resources; builds youth civic engagement and leadership. Youth and Family Leadership, Organizing, and Civic Engagement must represent a minimum of at least 1% of the yearly total fund expenses.

vii. Health and Well-Being: including physical, mental, emotional, behavioral and social health services that support health and well-being for people with disabilities and non-disabled people, reduce drug-related harm, violence and self-harm, and sexual violence and/or abuse; food security programs. Health and Well-Being must represent a minimum of at least 1% of the yearly total fund expenses.

viii. Environmental Health and Justice: including programs that improve the environmental health of children and youth and their right to live free of pollution, toxins and lead, and increase access to healthy food, safe and accessible outdoor and recreational spaces and other places to be physically active, with a special focus on the Pomona Industrial Zone. Environmental Health and Justice must represent a minimum of at least 1% of the yearly total fund expenses.

ix. Outdoor Education and Recreation: including sports, recreation centers, play, camps, gardening and urban agriculture; including no cost recreation programs. Outdoor Education and Recreation must represent a minimum of at least 1% of the yearly total fund expenses.

x. Deportation and Immigrant Support: support for young people and their families experiencing or being threatened with deportation; legal services, and empower immigrant community members through economic, political, and social development and sustainability. Deportation and Immigration Support must represent a minimum of at least 1% of the yearly total fund expenses.

xi. Housing Support: support for young people and their families experiencing or being threatened with eviction or housing insecurities; provide direct housing assistance in collaboration with the Pomona Housing Authority and relevant Pomona unhoused people programs and Pomona Housing Services for youth and disconnected transitional-aged youth; including developing and maintaining at least one unhoused youth shelter within the City by December 2027. Housing Support must represent a minimum of at least 1% of the yearly total fund expenses.

b. The Children and Youth Fund will prioritize three groups of young people living in Pomona: children ages 0 to 12; youth ages 13 to 17; and Disconnected Transitional-Aged Youth ages 18 to 24, who are most impacted by harm, inequity and lack of access to support and services. The priority populations include but are not limited to: Latinx, Black, Indigenous, and youth of color, system-impacted young people; young people who have been pushed out of school; young people who themselves or whose families are unhoused or threatened by houselessness; young people living in poverty; immigrant and undocumented children, youth and families; LGBTQIA+ youth and families; teen parents and families, including single parents/guardians, especially single mothers; young people with poor physical, mental, emotional and behavioral health outcomes and disabilities; and families with children and youth who are impacted by the criminal justice system and/or who have family members who are incarcerated; and/or are involved in or transitioning from the foster care, juvenile justice, criminal justice or special education systems.

c. Entities eligible to receive funding shall be public agencies and non-profit community-based organizations, including organizations with a non-profit fiscal agent, that serve children, youth and disconnected transitional-aged young adults. In any fiscal year, public agencies shall not receive, in total, more than 20% of the funding awarded to applicants.

d. Commencing in fiscal year 2025 and each fiscal year thereafter through fiscal year 2028-2029, (1) a maximum of ten percent (10%) of the Children and Youth Fund can be used for costs related to administering the Children and Youth Fund, including staff support, basic infrastructure, support for the agencies administering the contracts, and overhead costs; and (2) an additional maximum of five per cent (5%) of the Children and Youth Fund may be used to evaluate the results of this Article.

e. Entities eligible to receive funding include those (1) located outside but in close proximity to Pomona to the extent that those entities serve children, youth and disconnected transitional-aged young adults who reside in Pomona, and (2) located in Pomona that serve children, youth and disconnected transitional-aged young adults in Pomona, regardless of the residence of the children or youth.

The Children and Youth Fund shall not fund the following services or types of expenditures:

a. Services are not to be used by the carceral system, including but not limited to the following non-exhaustive list of agencies: the Pomona Police Department, or other law enforcement agencies, courts, the District Attorney, Public Defender, City Attorney; or the Fire Department; private and/or public detention or probation services mandated by state or federal law;

b. Any service that primarily benefits adults over 24 years;

c. Any service for which a fixed or minimum level of expenditure is mandated by state or federal law, to the extent of the fixed or minimum level of expenditure;

d. Income supports that supplant state or federal benefits or post-secondary tuition assistance;

e. Administration of other funds.

The City shall ensure that the Children and Youth Fund is used exclusively to increase overall City expenditures for eligible services for children, youth and disconnected transitional-aged young adults.

a. The City Manager, in collaboration with the oversight group, shall calculate the City's total actual unrestricted general purpose revenues in fiscal year 2024-2025, and shall calculate the percentage of those revenues that were allocated in fiscal year 2024-2025 to services that would be eligible uses for monies from the Children and Youth Fund, excluding allocations for services mandated by state or federal law (the "Base Percentage").

b. Commencing in fiscal year 2024-2025 and each fiscal year thereafter, the City shall allocate at least the Base Percentage of total actual unrestricted general purpose revenues to services that would be eligible uses of the Children and Youth Fund, excluding allocations for services mandated by state or federal law, and excluding any allocation of revenue required by this Article.

The City shall create a Department of Children and Youth (DCY) upon the passage of the Pomona Kids First Initiative. The Office shall operate under the auspices of the City Manager. The Accountability Board for the Children and Youth Fund, described in Section 1809, shall oversee, monitor, and advise the Department. The Department shall be staffed by an Executive Director who is hired and evaluated by the Accountability Board, and who is an employee of the City. Other staff shall be hired by the Executive Director as needed to perform the functions of the Department. The Office shall be funded through the Children and Youth Fund and other city funds as deemed appropriate by the City Council.

1. Administer the Children and Youth Fund — The primary function of the Department shall be to oversee the implementation of the Children and Youth Fund and ensure that the Children and Youth Fund meets the goals and requirements outlined in this initiative.

2. In addition to overseeing and administering the Children and Youth Fund, the Department shall provide leadership to the City on matters related to the health and well-being of children and youth and ensure that children and youth are prioritized by the City, by:

i. Monitoring the health and safety and access to equal opportunity of the children and youth of Pomona and reporting findings to the public and civic leaders.

ii. Promoting collaboration among public and private city agencies, including schools, to improve outcomes and ensure equity for children and youth.

iii. Raising and leveraging public and private resources for services and opportunities for Pomona's children and youth.

iv. The role of the Accountability Board will be to develop written policies regarding the Children and Youth Fund, monitor the Children and Youth Fund, ensure that the Children and Youth Fund is managed in a manner accountable to the community, and ensure the highest standards of care and transparency.

v. Promoting youth voices in Pomona's civic life, including providing support to the Pomona Youth Commission.

vi. Recommending and advocating policies that will promote equity and the well-being of children and youth.

vii. Submitting a Youth and Family Impact Report as part of every City Council agenda to ensure elected officials take into account the potential impact of agenda items on the overall health and wellbeing of Pomona youth and families.

The Children and Youth Fund shall be administered by staff in a newly established Department of Children and Youth, as described in section 1807 and 1808, within the City Manager's office. Oversight of the Children and Youth Fund shall be provided by a fifteen-member Pomona Fund for Children and Youth Accountability Board (the "Accountability Board") that shall be composed as follows:

a. Each member of the Pomona City Council shall appoint one City resident who is over 24 years of age as a member and one City resident between 15 to 24 years of age as a member. The Mayor shall appoint one additional City resident between 15 to 24 years of age as member.

b. The Mayor, Pomona Youth Commission, and City Council members shall coordinate their appointments within their respective districts so that the members of the Accountability Board represent Pomona's diverse geographic communities and specifically empower low-income youth of color, LGBTQIA+ youth and systems impacted youth.

c. The Accountability Board shall have the following responsibilities, powers, and functions:

i. The role of the Accountability Board will be to develop written policies regarding the Children and Youth Fund, monitor the Children and Youth Fund, ensure that the Children and Youth Fund is managed in a manner accountable to the community, and ensure the highest standards of care and transparency.

ii. Responsibilities of the Accountability Board shall be:

1. Hiring an executive director of the newly established Department of Children and Youth.

2. Strategic planning: (a) creating an initial Strategic Investment Plan as described under Section 1810, and (b) updating the Strategic Investment Plan every three years.

3. Reviewing applications for funding from the Children and Youth Fund through a transparent and fair application process.

4. Recommending to the City Council a list of grants to be awarded for each funding cycle.

5. Facilitating an annual evaluation: working with a third-party, external independent evaluator to identify relevant evaluation measures and ensure that programs funded through the Children and Youth Fund are impactful and meet established outcomes. Evaluation reports shall be provided to the City Council and the Mayor's office and made available to the public.

6. Reviewing financial reports and audits to confirm that spending from the Children and Youth Fund is consistent with all provisions of this Article, and that the funds are being managed responsibly.

iii. The Accountability Board shall adopt rules and regulations to govern its procedures, which shall, among other things, include the manner of calling and giving notices of meetings. The Accountability Board shall meet a minimum of six times per year. Its meetings shall be open to the public and subject to the Ralph M. Brown Act open meetings law. A majority of the regular members shall constitute a quorum. Minutes of the meetings shall be filed with the city clerk.

iv. The Accountability Board shall be responsible for reporting to the public the services and outcomes supported by the Children and Youth Fund.

e. The Accountability Board members serve two-year terms, provided that members under age 24 may serve a one-year term. There shall be no limitation on the number of consecutive terms served. The terms of the initial appointees to the Accountability Board shall commence on the date of the first meeting of the Accountability Board, which may occur when at least ten members have been appointed and are present.

f. If a vacancy occurs during the term of office of any Accountability Board member, the appointing authority shall appoint a successor to complete the unexpired term in the same manner as the selection of the initial member.

g. In order to provide for staggered terms, eight members shall be chosen by lot, from among those able to serve for two years, to serve for an initial term of two years, with the remaining members to serve for an initial term of one year. Except for appointments to fill a vacancy, all subsequent appointments shall be for a term of two years, provided that members under age 24 may serve a one year term.

h. Accountability Board members shall not be a paid employee of an organization funded from the Children and Youth Fund or applying for funding from the Children and Youth Fund.

Each Strategic Investment Plan shall set forth funding priorities for a three-year period, and shall set forth a plan for overseeing and evaluating the Children and Youth Fund and the programs supported by the Children and Youth Fund. The Department of Children and Youth shall work with the Accountability Board to complete the Strategic Investment Plan and conduct a community needs assessment.

a. During every third fiscal year beginning with Fiscal Year 2025-2026, the Department of Children and Youth (DCY) and the Youth Commission shall conduct and co-lead a Community Needs Assessment (CNA) to identify services to receive monies from the Children and Youth Fund. The CNA should include qualitative and quantitative data sets collected through interviews, focus groups, surveys, or other outreach mechanisms to determine service gaps in programming for children, youth, and families. Subject to the budgetary and fiscal provisions of the Charter, the DCY may contract with consultants and outside experts for such services as the department may require to prepare the CNA. The DCY shall undertake a robust community process in every council district, soliciting input from a diverse cross-section of parents, youth, non-profit organizations, and other key stakeholders to develop the CNA.

i. The CNA shall include an equity analysis of services and resources for parents, children, and youth. The DCY shall develop a set of equity metrics to be used to establish a baseline of existing services and resources in low-income neighborhoods and disadvantaged communities, compared to services and resources available in the City as a whole. The outreach for the CNA shall create opportunities for parents, youth, nonprofit agencies, and other members of the public to provide input. By September 1, the DCY shall provide its plan for conducting the CNA to the Accountability Board and Youth Commission. The plan shall be a public document.

ii. By March 1, DCY shall complete a draft CNA and provide this draft to the Accountability Board for review.

iii. By April 1, DCY shall submit a final version of the CNA to the Accountability Board. The final version may incorporate any comments or suggestions made by the public or by the agencies that received copies of the draft CNA.

iv. By May 1, the Accountability Board shall provide input on, approve or disapprove the CNA. If the Accountability Board disapproves the report, DCY may modify and resubmit the report, provided, however, that the City may not expend monies from the Children and Youth Fund until the City Council has approved the CNA.

b. The community needs assessment shall consist of an annual hearing that is co-led with the youth commission and involves community-based organizations and community members to gather input on the service needs of various populations and review funding priorities.

c. Each new funding cycle (every three years), and beginning with Fiscal Year 2025-2026, the CNA shall be followed by a participatory budgeting process. This process shall include a series of budget meetings to provide the opportunity for community members, experts, and volunteers to collectively brainstorm funding ideas and develop project proposals for the three-year funding period. A diligent community outreach shall be executed to ensure community members, experts, and volunteers accurately represent the City's demographic. After four weeks of collaboration, volunteers shall share the top projects/funding priorities at 2 final community hearings, one in-person and one virtual hearing, where the community shall vote on their preferred proposal that will be recommended to The Department of Children and Youth and the Accountability Board. Both the in-person and virtual community hearing must have translators available and release the hearing agenda 72 hours in advance. The virtual community hearing must have an option to submit electronic votes for the community to share their preferred proposal. This process shall repeat for the next funding cycle.

d. The funding priorities in the Strategic Investment Plan shall be based on the community needs assessment and take into consideration the project/projects with the most votes from the final community hearing.

e. The initial Strategic Investment Plan shall be approved by a majority of the Accountability Board and presented to the City Council for its review and approval by September 30, 2025. The Strategic Investment Plan shall take effect no later than June 1, 2026.

f. Any change in an approved Strategic Investment Plan shall be based on the community needs assessment and input from the community.

In order to ensure a stable, fair and effective service delivery system, the Children and Youth Fund shall be implemented as follows:

a. There shall be three-year planning and funding cycles, with funding beginning in the 2025-26 fiscal year.

b. Funds shall be allocated through an open and fair application process administered by the Department of Children and Youth in the City Manager's office in compliance with the policies adopted by the Accountability Board. The first application process shall begin no later than February 1, 2026 with funding available for encumbrance no later than July 1, 2026.

c. Recommendations for a list of grants to be awarded shall be made by the Accountability Board to the City Council. The City Council shall review and consider the recommendations of the Accountability Board. The City Council may reject the recommendations only if it determines that one or more recommendations are inconsistent with this Article or the priorities identified in the Strategic Investment Plan. The City Council shall accept or reject the Accountability Board's recommendations in their entirety and may not partially accept or partially reject the recommendations.

d. In the event the City Council rejects the list of grants proposed by the Accountability Board, it shall set forth its rationale for such rejection and recommend revisions to the Accountability Board for its consideration and action.

e. The City Council shall review and consider the amended recommendations of the Accountability Board, provide final approval of the list of grants to be awarded, and appropriate all necessary monies from the Children and Youth Fund. All grants and appropriations shall be consistent with the provisions of this Article and the Strategic Investment Plan. Any recommendations that have been denied can be amended and brought back to the City Council for a second look.

Commencing with fiscal year 2025-26, if a moderate fiscal emergency, as defined in this section, or a severe fiscal emergency, as defined in this section, is deemed to exist by the City Council, the portion of the City's annual actual unrestricted general purpose revenues to be allocated to the Children and Youth Fund shall be reduced as provided in this section. The City Council may deem a moderate fiscal emergency to exist in the event that the City's annual actual unrestricted general purpose revenues for a given fiscal year decrease by greater than ten percent (10%) but less than twenty percent (20%) from the level of such revenues during the previous fiscal year (defined as the "Benchmark Year"), and it may deem the moderate fiscal emergency to continue until the City's annual actual unrestricted general purpose revenues are no longer ten percent (10%) less than the level of such revenues during the Benchmark Year. The City Council may deem a severe fiscal emergency to exist in the event that the City's annual actual unrestricted general purpose revenues for a given fiscal year decrease by twenty percent (20%) or more from the level of such revenues during the Benchmark Year, and it may deem the severe fiscal emergency to continue until the City's annual actual unrestricted general purpose revenues are no longer twenty percent (20%) less than the level of such revenues during the Benchmark Year. If the City Council deems a severe fiscal emergency to exist for a fiscal year, the amount required to be allocated to the Children and Youth Fund shall be reduced by 20%. If the City Council deems a moderate fiscal emergency to exist for a fiscal year, the amount required to be allocated to the Children and Youth Fund shall be reduced by 10%. Allocations to the Children and Youth Fund shall return to the level required in Section 1802 for the first fiscal year in which a fiscal emergency no longer exists. There shall be no reductions in the allocation to the Children and Youth Fund pursuant to this Section 1812 prior to fiscal year 2025-2026.

The provisions of this Article may be extended without amendments for additional ten-year terms by a simple majority vote of the City Council. If the City Council does not act to extend the provisions of this Article before June 30, 2028, the City Council shall be obligated to place a measure on the November 2028 election ballot seeking voter approval of whether to extend the term for an additional ten years. This process shall be repeated every ten years, or until reauthorization is rejected by a vote of the electorate.

In the event this Act is approved by the voters in 2025 or later, the timing of the funding of the Children and Youth Fund, and any other references to specific years, shall be adjusted accordingly."