Judge Approves Settlement Regarding Central Library Bond Measure Opposition Language

An original argument against a Pasadena Central Library bond measure scheduled to be on the November ballot could have misled homeowners to believe the bond would have led to “multi-million dollar tax obligations.”

But that false argument won’t appear on the ballot thanks to a lawsuit filed by City Clerk Mark Jomsky.

Late last week, a Superior Court judge accepted a signed stipulation by all parties and approved a judgment agreeing to changes that will be published in a revised version.

“I am pleased we could resolve this matter swiftly and cordially. Residents who support and oppose ballot measures deserve to express themselves to voters,” said Jomsky in a prepared statement last week. “With the revisions that we have agreed upon, I am confident that, with court approval, Pasadena voters will receive accurate information in the ballot argument as they consider their votes on Measure PL.”

The $195 million bond will be used for a seismic retrofit of the Central Library if the voters approve it in November.

The library has been closed since May 2021. New cracks were discovered in the library after an earthquake last month.

Pasadena Now reported last week that Jomsky had filed the lawsuit to ensure that voters receive clear information regarding the library bond measure that will appear on the November ballot.

As the City’s elections official, under state law the City Clerk can file legal action when ballot language is false or inaccurate to ensure that voters receive correct information to make an informed decision.

The lawsuit was filed against the County Board of Supervisors and County Registrar Dean C. Logan.

Local activist Sonja Berndt was listed as a respondent in the lawsuit. Local activist Ed Washatka also signed the argument against Measure PL.

According to Berndt, the parties met for one hour and negotiated language both parties agreed upon in order to resolve the “City’s concerns.”

“We are satisfied with the compromise in language that we were able to achieve quickly and amicably with the Pasadena City Clerk regarding the Vote NO Ballot Argument we submitted for the Library Bond designated as Measure PL,” Berndt and Washatka said in a statement to Pasadena Now on Tuesday.

The initial deadline for arguments expired on Aug. 16, and a court order was required for changes, according to documents obtained by Pasadena Now.

The original argument contained the statement: “homeowners can expect to pay $28.90 or more a year times $100,000 of assessment valuation.”

The document also said “renters can expect landlords will raise rents to cover increased property taxes”; and Measure PL “will cost $360 million.”

The City’s attorneys called the statements false and misleading.

“Homeowners will not pay ‘$28.90 or more a year times $100,000 of assessment valuation which suggests multi-million dollar tax obligations,'” the City’s attorneys said.

“Rather, taxes are expected to be no more than $28.90 per $100,000 of assessed valuation, with an estimated range between $12.58 and $28.90 per $100,000. The average levy over the 30-year bond repayment period will be only $19.60 per $100,000 of assessed valuation.”

In his lawsuit, Jomsky also claimed that the opponents’ statement that homeowners could be assessed more than $28.90 per $100,000 of assessed valuation was false and contradicted by the Tax Rate Statement and Impartial Analysis.

“The City Clerk’s legal action filed last Friday sought to ensure voters receive accurate information in the argument against Measure PL and to revise the argument to comply with legal requirements,” the City said in a statement last week.