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Reso 2024-126 Certifying and Declaring Election Results.docx

Fontana City Council
December 10, 2024

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Reso 2024-126 Certifying and Declaring Election Results.docx
Meeting
December 10, 2024
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Fontana City Council
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2
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Text extracted from the city's file for reading and search. Open the original on fontana.legistar1.com. That file is the official record.

RESOLUTION NO. 2024-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 2024, AND DECLARING THE RESULTS THEREOF AS PROVIDED BY LAW.

WHEREAS, a regular General Municipal Election was held and conducted in the City of Fontana, California, on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of said election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; election officers were appointed and that in all respects said election was held and conducted and the votes cast there at, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the San Bernardino County Registrar of Voters canvassed the returns of the election and has certified the results to the City Council, which are attached as “Exhibit A.” NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the whole number of ballots cast in the precincts including vote-by-mail ballots and provisional ballots are detailed in the Official Canvass attached as Exhibit A.

Section 2. That the names of persons voted for at the election for the Office of Member of the City Council for District 2 for the full term of four (4) years are:

Peter A. Garcia
Section 3. That the names of persons voted for at the election for the Office of Member of the City Council for District 3 for the full term of four (4) years are:

Joe Armendarez
Jesus “Jesse” Sandoval
Gabriel Sanchez
Section 4. That the following local measure (Measure T) voted upon at the election is as follows:

Shall the measure providing funding for the City of Fontana’s general government use, such as maintaining 911 response, fire/police protection; recruiting/retaining well-trained police officers; helping prevent property crimes/thefts/burglaries; keeping public areas/parks safe/clean; addressing homelessness; protecting local drinking water sources; repairing streets/potholes by establishing a 1% sales tax providing approximately $46,000,000 annually until ended by voters; requiring audits, spending disclosure, all funds locally controlled, be adopted? YES
NO
Section 5. That the number of votes cast in each precinct, and the number of votes cast in the City for each of the persons above-named for the respective offices for which the persons were candidates, and for and against the Measure(s), are set forth in “Exhibit A,” which is attached hereto and incorporated herein by this reference.

Section 6. The City Council does declare and determine that as a result of the election:

Peter A. Garcia was elected as a Member of the City Council representing District 2 for the full term of four years; Jesus “Jesse” Sandoval was elected as a Member of the City Council representing District 3 for the full term of four years; A majority of voters voting on Measure T did vote in favor thereof, the Measure was carried, and it shall be deemed adopted and ratified.

Section 7. That the Deputy City Clerk shall enter on the records of the City Council of said City a statement of the result of said election, showing: (1) the whole number of votes/ballots cast in the City; (2) the names of the persons voted for; (3) the measure voted upon; (4) for what office each person was voted for; (5) the number of votes given at each precinct to each person, and for and against the measure; and (6) the total number of votes given to each person, and for and against the measure.

Section 8. That the Deputy City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the Deputy City Clerk and duly authenticated; that each person elected shall be administered the Oath of Office prescribed in the State Constitution of the State of California and shall have them subscribed thereto and file the same in the Office of the City Clerk. Whereupon each and all of said persons so elected shall be inducted into the respective office to which they have been elected.

Section 9. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 10. That the Deputy City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of said City, and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted.

Section 11. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 12. Effective Date. This Resolution shall become effective immediately.

APPROVED AND ADOPTED this 10th day of December 2024.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine Key, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting thereof, held on the 10th day of December 2024, by the following to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:

City Clerk of the City of Fontana

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