NOTICE IS HEREBY GIVEN, that the undersigned Mayor Bill Velto of the City of Upland, pursuant to legal requirements, does hereby call a special meeting of the Upland City Council.
Monday, December 12, 2022
6:00 p.m.
City Council Chamber
AA
illVe,Mayor
AGENDA ATTACHED
Special Meeting
December 12, 2022
6:00 P M
City Council Chamber
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CIT Y COUNCIL
1.C A L L TO O R D E R A ND R O L L C A L L
2.O R A L C O MMUNI C AT I O NS
P ursuant to Government Code S ection 54954.2, any member of the public may address any item listed on the agenda. A nyone wishing to address the legislative body should submit a speaker card to the City Clerk at or prior to speaking. S peakers shall keep their comments to no more than three (3) minutes.
3.C E RT I F I C AT I O N O F G E NE R A L MUNI C I PA L E L E C T I O N R E S ULT S - NO V E MB E R 8, 2022
C E Q A: Not a project.
A dopt a Resolution reciting the fact of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as provided by law. (S taff P erson: Keri J ohnson)
4.R E C O G NI T I O N O F C I T Y C O UNC I L ME MB E R J A NI C E E L L I O T T P resentation of a Proclamation honoring Councilmember J anice E lliott for her years of dedicated and loyal service to the City of Upland.
S pecial presentations will be made to honor Councilmember E lliott for her years of service.
5.A D MI NI S T R AT I O N O F O AT H O F O F F I C E J ames Breitling, Member of the City Council, District 2 Carlos A . Garcia, Member of the City Council, District 3 Rudy Zuniga, Member of the City Council, District 4
R E MA R K S F R O M NE W LY E L E C T E D O F F I C I A L S
6.A D J O UR NME NT - The next regularly scheduled City Council meeting is Monday, December 12, 2022, at 7 p.m.
NOT E: A ll Agenda items and back-up materials are available for public review at the U pland P ublic Library, downstairs reference desk at 450 N orth E uclid Avenue, the C ity C lerk's O ffice at 460 N orth E uclid Avenue and the C ity website at www.uplandca.gov .
I n compliance with the A mericans with D isabilities Act, if you need special assistance to participate in this meeting, please contact the C ity C lerk's Office at 909.931.4120. N otification 48 hours prior to the meeting will enable the C ity to make reasonable arrangements to ensure accessibility to this meeting. [28 C F R
35.102-35.104 A DA Title I I ]
P O S T I N G S T A T E M E N T : O n D e ce mb e r 7, 2022 a t ru e a n d co rre ct co p y o f t hi s a g e nd a w a s p o s t e d a t 450 N . E ucl i d A ve nue (U p l a n d P ub l i c L i b ra ry) a n d 4 6 0 N . E u cl i d Ave n u e (U p l a nd C i t y H a l l ) a n d t he C i t y W e b s i t e a t w w w.up l a n d ca .g o v
S T A F F R E P O R T
I T E M N O . 3.
D A T E :D ecem b er 12 , 20 22
T O :M A YO R A N D C I T Y C O U N C I L
F R O M : M I C H A E L B L A Y, C I T Y M A N A G E R P R E P A R E D B Y : K E R I J O H N S O N , C I T Y C L E R K S U B J E C T :C E RT I F I C A T I O N O F G E N E R A L M U N I C I PA L E L E C T I O N R E S U LT S - N O V E M B E R 8, 2 02 2
R E C O M M E N D E D A C T I O N
I t is recom m end ed th at th e C ity C oun cil ad op t a Resolu tion recitin g th e fact of the G eneral M u nicip al E l ect ion h el d on N ovem b er 8 , 20 22 , d eclarin g the res u l ts an d su ch oth er m atters as p rovid ed b y law.
G O A L S T A T E M E N T
Th e p rop osed ac ti on s u p p orts th e C ity's g oal to c on d u c t m u n ic ip al elections in an effi ci en t an d cost effective m an ner, com p lyin g with all state reg u lation s p ertain in g to m u nicip al elections.
B A C K G R O U N D
P u rsuan t to E l ect ion s C od e an d at the req u es t of the C i ty C oun cil, the S an B ernard ino C oun ty Reg istrar of Voters con d u ct ed th e C it y’s G en eral M u n i ci p al E l ect ion h eld on N ovem b er 8, 20 22 , for t he p u rp ose of electi ng a m em b er of t he C i ty C ou n c il for D istrict 2, m em b er of the C ity C ou n ci l for D i st ri ct 3 , an d m em b er of the C it y C oun cil for D i st ri ct 4 ; an d sub m itt in g to th e electors, M easu re L, the U p land P u b lic S afety and C ity S ervices M easure.
I S S U E S /A N A L Y S I S
I n accord an ce w ith S ection 10 26 3 of the E lections C od e, th e C it y C oun cil is req u ired to ad op t a Resolution d eclarin g the resu lts of the C ity's G eneral M un icip al E lection . Th e p rop osed Resolution m ust recit e t he nu m b er of b all ots c ast i n th e C it y an d th e n u m b er of votes c ast for each can d i d at e an d M eas u re, as c an vas sed an d certi fied b y t he Reg ist rar of Voters. T he un official can vass in d icates that J am es B reitlin g , C arlos A . G arcia, an d Ru d y A . Z u nig a were
elected as M em b ers of t he C ity C ou n ci l for D is tric ts 2, 3 , an d 4 , res p ec ti vely, for term s end in g in N ovem b er 2 02 6; an d M easu re L was not p assed b y a m ajority vote.
E N V I R O N M E N T A L D E T E R M I N A T I O N
N ot a p roject.
F I S C A L I M P A C T S
Th ere is n o fiscal im p act associated with th is action .
A L T E R N A T I V E S
P rovid e altern ative d irection to staff.
AT TAC HM E NT S :
Description
Resolution Certifying November 8, 2022 General M unicipal E lection Certified Results
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 8, 2022; DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY
LAW.
WHEREAS, a General Municipal Election was held and conducted in the City of Upland, California, on Tuesday, November 8, 2022, as required by law; and
WHEREAS, notice of the election was given in the time, form and manner as provided by law; voting precincts were properly established; election officers were appointed, and in all respects the elections were held and conducted and the votes were cast, received and canvassed and the returns made and declared in the 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 County Election Department canvassed the returns of the elections and has certified the results to this City Council; the results are received, attached, and made a part hereof as “Exhibit A”.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves 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 the persons voted for in the election for Member of City Council, District 2 were as follows:
James Breitling 3,799
Janice Elliott 3,256
Section 3. That the names of the persons voted for in the election for Member of City Council, District 3 were as follows:
Carlos A. Garcia 2,330
Section 4. That the names of the persons voted for in the election for Member of City Council, District 4 were as follows:
Darwin Cruz 722
Christopher Seward 590
Rudy A. Zuniga 1,947
Section 5. That the local Measure voted upon at the election is as follows:
Measure L
Resolution No.
“Upland Public Safety and City Services Measure
To maintain and prevent cuts to City of Upland
services, such as 9-1-1 emergency response, police
staff, patrols and public safety, gang and crime
prevention programs, addressing homelessness, and
maintenance of streets, sidewalks, parks and
infrastructure, shall the measure establishing a 1¢
sales tax be adopted, providing approximately
$16,000,000 annually for general city services until
ended by voters, with citizen oversight, independent
financial audits and disclosure, and money controlled
locally?”
Yes
No
Measure L
Yes 10,222
No 12,697
Section 6. That the number of votes cast in each precinct, and the number of votes cast in the City for each of the above-named candidates for Member of the City Council for District 2, Member of the City Council for District 3, Member of the City Council for District 4, and for and against Measure L are set forth in “Exhibit A,” which is attached hereto and incorporated herein by this reference.
Section 7. The City Council does declare and determine that as a result of the election: James Breitling was elected as a Member of the City Council for District 2 for the full term of four years, Carlos A. Garcia was elected as a Member of the City Council for District 3 for the full term of four years, Rudy A. Zuniga was elected as a Member of the City Council for District 4 for the full term of four years, and a majority of voters voting on Measure L did not vote in favor thereof, and that the measure was not carried, and Ordinance No. 1966, shall not be deemed adopted and ratified.
Section 8. The City Clerk shall enter on the records of the City of Upland, a statement of result of the election, showing:
1) The whole number of 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;
5) The number of votes cast at each precinct for each person; and 6) The total number of votes cast for each person, and for and against the measure.
Section 9. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the
Resolution No.
Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
Section 10. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED and ADOPTED this 12th day of December, 2022.
Bill Velto, Mayor
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a special meeting of the City Council held on the 12th day of December, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
EXHIBIT A