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Agenda packet, special meeting

Upland City Council
December 9, 2024

Document
Agenda packet, special meeting
Meeting
December 9, 2024
Body
Upland City Council
Pages
11
Original file
19 KB
Text extracted from the city's file for reading and search. Open the original on docx.uplandca.gov. That file is the official record.

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h40 4, „ CITY
UPLAND
r..rJA `., "The City of GicaImp, I..iuiug
�. _i', .• :• L MEETING OF THE CITY COUNCIL
621-gei/Wa/
Rill Velto, Mayor
James Breitling,Mayor Pro Tem -District 2 Michael Blay, City Manager Carlos A.Garcia, Councilmember- District 3 Stephen P.Deitsch,City Attorney Sharman Maust,Councilmember-District 1 Keri Johnson,City Clerk Rudy Zuniga,Councilmember- District 4
Monday, December 9, 2024
5:00 p.m.

SPECIAL MEETING
Notice is hereby given that Mayor Bill Velto of the Upland City Council, pursuant to Government Code Section 54956, does hereby call a Special Meeting of the Upland City Council Council Chamber
City Hall, 460 N. Euclid Avenue
Residents may observe the City Council meetings remotely via livestream on the City website, Spectrum Cable TV Channel 3, or Frontier Cable TV Channel 26.

City of Upland Mission Statement
The City of Upland is committed to delivering superior services that meet community needs with transparency and integrity.

City of Upland Vision Statement
Upland is a safe community with historic character where residents enjoy a high quality of life.

Pages

1. CALL TO ORDER AND ROLL CALL

2. ORAL COMMUNICATIONS
Pursuant to Government Code Section 54954.2, any member of the public may address any item listed on the agenda. Anyone wishing to address the legislative body should submit a speaker card to the City Clerk at or prior to speaking. Speakers shall keep their comments to no more than three (3) minutes.

CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant Gov. Code § 84308, any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

3. AGENDA ITEMS
a. CONSIDER ADOPTING A RESOLUTION CERTIFYING THE RESULTS OF THE 3 NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

CEQA: Not a Project.

Recommended Action:

Adopt a Resolution reciting the fact of the General Municipal Election held on November 5, 2024, declaring the results and such other matters as provided by law. (Staff Person: Keri Johnson)
b. ADMINISTRATION OF THE OATH OF OFFICE
Bill Velto, Mayor
Shannan Maust, Council Member, District 1
Greg R. Bradley, Treasurer

REMARKS FROM NEWLY ELECTED OFFICIALS

4. ADJOURNMENT
The next regularly scheduled City Council meeting is Monday, December 9, 2024 at 6:00 p.m.

NOTE: If you challenge the public hearing(s) or the related environmental determinations in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Upland, at, or prior to, the public hearing.

All Agenda items and back-up materials are available for public review at the Upland Public Library, at 450 North Euclid Avenue, the City Clerk's Office at 460 North Euclid Avenue and the City website at www.uplandca.gov .

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 909-931-4120.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] To access written transcription during the meeting, please click this link:
https://attend.wordly.ai/join/LVGO-0906 . Then choose language and click attend to read the transcript on your device.

On December 4, 2024 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall) and the City website at www.uplandca.gov

, �pl"� CITY FUPLAND
'5, _i• "The City of Gracious Living"
Staff`kr
C�tIFOB�S
DATE: December 9,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDER ADOPTING A RESOLUTION CERTIFYING THE RESULTS OF THE NOVEMBER 5,2024 GENERAL MUNICIPAL ELECTION
RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution reciting the fact of the General Municipal Election held on November 5,2024,declaring the results and such other matters as provided by law.

GOAL STATEMENT
The proposed action supports the City's goal to conduct municipal elections in an efficient and cost effective manner, complying with all state regulations pertaining to municipal elections.

BACKGROUND
Pursuant to Elections Code and at the request of the City Council, the San Bernardino County Registrar of Voters conducted the City's General Municipal Election held on November 5,2024,for the purpose of electing one(1)Mayor of the City of Upland, one (1)member of the Upland City Council representing District 1, and one(1) Treasurer of the City of Upland, each for a full term of four years; and submitting to the electors,Measure N,the City of Upland 1%Sales Tax Measure.

ISSUES AND ANALYSIS
In accordance with Section 10263 of the Elections Code,the City Council is required to adopt a Resolution declaring the results of the City's General Municipal Election. The proposed Resolution must recite the number of ballots cast in the City and the number of votes cast for each candidate and Measure,as canvassed and certified by the Registrar of Voters.The canvass indicates that Bill Velto was elected as Mayor, Sharman Maust was elected as District 1 City Council Member, and Greg R. Bradley was elected as City Treasurer, for terms ending in December 2028; and Measure N was not passed by a majority vote.

ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.

FISCAL IMPACTS
There is no fiscal impact associated with this action.

ALTERNATIVES
Provide alternative direction to staff.

CEQA:Not a Project.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UPLAND RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 2024; 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 5, 2024, 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 election 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 Mayor were as follows:

Bill Velto
Section 3. That the names of the persons voted for in the election for Member of City Council, District 1 were as follows:

Shannan Maust
Section 4. That the names of the persons voted for in the election for City Treasurer were as follows:

Greg R. Bradley
Section 5. That the local Measure voted upon at the election is as follows:

Measure N

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Resolution No.

Page 2 ends

"City of Upland 1% Sales Tax for General City Services. YES Shall the measure establishing a one-percent retail transactions and use (sales) tax, generating approximately $20,000,000 annually, until ended by voters, for general city services, such as the improvement and maintenance of NO infrastructure and provision of public safety services, be adopted?"
Section 6. 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 Measure N, 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: Bill Velto was elected as Mayor for the full term of four years, Shannan Maust was elected as a Member of the City Council for District 1 for the full term of four years, Greg R. Bradley was elected as City Treasurer for the full term of four years, and a majority of voters voting on Measure N did not vote in favor thereof, and that the measure was not carried, and Ordinance No. 1991 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 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;
5) The number of votes cast at each precinct for each person, and for and against the measure; 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 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. 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

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Resolution No.

Page 3 ends

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 11. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

Section 12. 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 13. Effective Date. This Resolution shall become effective immediately.

PASSED, APPROVED and ADOPTED this 9th day of December, 2024.

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 9th day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Keri Johnson, City Clerk

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EXHIBIT A
[THE CERTIFICATE OF ELECTION WILL BE ADDED TO THIS RESOLUTION

FOLLOWING RECEIPT FROM THE SAN BERNARDINO COUNTY REGISTRAR OF VOTERS]

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SAN BERNARDINO 2024
COUNTY Registrar of Voters
10( n Result
Final Certified Election Results
Next Update:Final Posting

ELECTION CONTESTS MENU

FILTER CONTESTS T
Election Summary Report
San Bernardino County
General Election
November 5, 2024
Summary #26
City of Upland Mayor (Vote for 1)
Precincts Reported:59 of 59(100.00%)
Designated Polling
Mail Ballot Mail Ballot Place Provisional Total Times Cast 29,621 0 6,159 627 36,407/ 73.72% 49,384
Undervotes 9,880 0 2,035 165 12,080 Overvotes 11 0 0 0 11 Designated Polling
Candidate Party Mail Ballot Mail Ballot Place Provisional Total BILL VELTO 19,730 0 4,124 462 24,316 100.00% Total Votes 19,730 0 4,124 462 24,316 Designated Polling
Mail Ballot Mail Ballot Place Provisional Total Unresolved Write-In 0 0 0 0 0

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City of Upland ember, City Council District (Vote o r 1) Precincts Reported:11 of 11 (100.00%)
Designated Polling
Mail Ballot Mail Ballot Place Provisional Total Times Cast 10,279 0 1,844 139 12,262/ 78.21% 15,678
Undervotes 3,722 0 661 61 4,444 Overvotes 2 0 0 0 2
Designated Polling
Candidate Party Mail Ballot Mail Ballot Place Provisional Total SHANNAN MAUST 6,555 0 1,183 78 7,816 100.00% Total Votes 6,555 0 { 1,183 78 7,816 Designated Polling
Mail Ballot Mail Ballot Place Provisional Total Unresolved Write-In 0 0 0 0 0 i

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i
City of Upland CityTreasurer ( r 1)
Precincts Reported:59 of 59(100.00%)
Designated Polling
Mail Ballot Mail Ballot Place Provisional Total Times Cast 29,621 0 6,159 627 36,407/ 73.72% 49,384
Undervotes 10,493 0 2,254 224 12,971 Overvotes 3 0 0 0 3
Designated Polling
Candidate Party Mail Ballot : Mail Ballot Place Provisional Total GREG R.BRADLEY 19,125 0 3,905 403 23,433 100.00% Total Votes 19,125 0 3,905 403 23,433 Designated Polling
Mail Ballot Mail Ballot Place Provisional Total Unresolved Write-In 0 0 0 0 0

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Precincts Reported:59 of 59(100.00%)
Designated Polling
Mail Ballot Mail Ballot Place Provisional Total Times Cast 29,549 0 6,151 627 36,327/ 73.56% 49,384
Undervotes 1,531 0 481 93 2,105 Overvotes 5 0 2 0 7
Designated Polling
Candidate Party Mail Ballot Mail Ballot Place Provisional Total YES 9,903 0 1,801 204 11,908 34.80% NO 18,110 0 3,867 330 22,307 65.20% Total Votes 28,013 0 5,668 534 34,215 Designated Polling
Mail Ballot Mail Ballot Place Provisional Total Unresolved Write-In 0 0 0 0 0 SAN BERNARDINO 777 East Rialto Avenue
COUNTY Registrar of Voters San Bernardino,CA 92415-0770 Tel 1-800-881-VOTE•(909)387-8300

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