Reso 2024-031 Balloting Procedures for Stormwater Fee

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RESOLUTION NO. 2024-031 3 13. A�er returning a Stormwater Fee Amendment ballot to the City Clerk, the person who signed the ballot may withdraw the ballot by submi�ng a writen statement to the City direc�ng the City to withdraw the ballot. Such statement must be received by the City prior to the close of the ballo�ng period. When ballots for the Stormwater Fee Amendment are tabulated, the City Clerk will segregate withdrawn ballots from all other returned ballots. The City will retain all withdrawn ballots and will indicate on the face of such withdrawn ballots that they have been withdrawn. 14. In order to change the contents of a ballot that has been submited, the person who has signed that ballot may (1) request that such ballot be withdrawn, (2) request that a replacement ballot be issued, and (3) return the replacement ballot fully completed. Each of these steps must be completed according to the procedures set forth above. C. Tabula�ng Ballots. The following guidelines shall apply to tabula�ng Stormwater Fee Amendment ballots: 1. Stormwater Fee Amendment ballots shall remain sealed un�l tabula�on commences a�er the conclusion of the ballo�ng period. 2. The ballots shall be tabulated in a loca�on accessible to the public. 3. The City Clerk shall oversee the tabula�on of the Stormwater Fee Amendment ballots, and may be assisted by technical staff from a third party. The City Clerk shall follow the rules and procedures of the laws of the State of California, this resolu�on and any other rules and procedures of the Council or the City. All ballots shall be accepted as valid and shall be counted except those in the following categories: i. A photocopy of a ballot, a leter or other form of a ballot that is not an official ballot issued by the City or on behalf of the City; ii. An unsigned ballot, or ballot signed by an unauthorized individual; iii. A ballot which lacks an iden�fiable mark in the box for a “yes” or “no” vote or with more than one box marked; iv. A ballot which appears tampered with or otherwise invalid based upon its appearance or method of delivery or other circumstances; v. A ballot for which the parcel number is damaged or obstructed, unless the parcel number or property ownership informa�on is legible and allows the Tabulator to clearly determine the property(s) iden�fied on the ballot; vi. A ballot received by the City Clerk a�er the close of the ballo�ng �me period; and vii. A ballot which has been withdrawn, or a ballot for a parcel for which a later (or replacement) ballot has been counted. 4. The City Clerk’s decision shall be final and may not be appealed to the City. 5. In the event of a dispute regarding whether the signer of a ballot is the owner of the parcel to which the ballot applies, the City will make such determina�on from the official County Assessor records and any evidence of ownership submited to the City prior to the conclusion of the ballo�ng period. The City will be under no duty to obtain or consider any other evidence as to ownership of property and its determina�on of ownership will be final and conclusive. 6. In the event of a dispute regarding whether the signer of a ballot is an authorized representa�ve of the owner of the parcel, the City may rely on the statement on the ballot signed under penalty of perjury that the person comple�ng the ballot is the owner's authorized representa�ve, and any evidence submited to the City prior to the conclusion of the ballo�ng period. The City will be under no duty to