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the replacement ballot fully completed. Each of these steps must be <br />completed according to the procedures set forth above. <br />C. Tabulating Ballots. The following guidelines shall apply to tabulating <br />Stormwater Fee Amendment ballots: <br />1. Stormwater Fee Amendment ballots shall remain sealed until tabulation <br />commences after the conclusion of the balloting period. <br />2. The ballots shall be tabulated in a location accessible to the public. <br />3. The City Clerk shall oversee the tabulation of the Stormwater Fee <br />Amendment ballots, and may be assisted by technical staff from a third <br />party. The City Clerk shall follow the rules and procedures of the laws of <br />the State of California, this resolution and any other rules and procedures <br />of the Council or the City. All ballots shall be accepted as valid and shall <br />be counted except those in the following categories: <br />i. A photocopy of a ballot, a letter or other form of a ballot that is not an <br />official ballot issued by the City or on behalf of the City; <br />ii. An unsigned ballot, or ballot signed by an unauthorized individual; <br />iii. A ballot which lacks an identifiable mark in the box for a “yes” or “no” <br />vote or with more than one box marked; <br />iv. A ballot which appears tampered with or otherwise invalid based upon <br />its appearance or method of delivery or other circumstances; <br />v. A ballot for which the parcel number is damaged or obstructed, unless <br />the parcel number or property ownership information is legible and <br />allows the Tabulator to clearly determine the property(s) identified on <br />the ballot; <br />vi. A ballot received by the City Clerk after the close of the balloting time <br />period; and <br />vii. A ballot which has been withdrawn, or a ballot for a parcel for which a <br />later (or replacement) ballot has been counted. <br />4. The City Clerk’s decision shall be final and may not be appealed to the <br />City. <br />5. In the event of a dispute regarding whether the signer of a ballot is the <br />owner of the parcel to which the ballot applies, the City will make such <br />determination from the official County Assessor records and any evidence <br />of ownership submitted to the City prior to the conclusion of the balloting <br />period. The City will be under no duty to obtain or consider any other <br />evidence as to ownership of property and its determination of ownership <br />will be final and conclusive. <br />6. In the event of a dispute regarding whether the signer of a ballot is an <br />authorized representative of the owner of the parcel, the City may rely on DRAFT