The provisions of this section shall apply only to those fees or charges for which Article XIIID, Section 6 of the California Constitution requires a mailed ballot procedure after the public hearing.
In the event that no majority protest occurred at the public hearing, not less than forty-five (45) days after the public hearing a ballot procedure shall be conducted using the process specified in this section.
A. A ballot substantially in the form set forth below shall be mailed to each of the record owners of property to whom notice of the public hearing was sent in accordance with Section 3.44.100 of this chapter.
Parcel No.__________ [city fills in from assessor roll]
Record owner:_______ [city fills in from assessor roll]
Address:___________ [city fills in from assessor roll]
_____Yes, I approve of the proposed property related fee or charge [or increase] of $ ___________ [preprinted] on the parcel identified in this ballot.
_____No, I do not approve of the proposed property related fee or charge [or increase] on this parcel.
______________________________________________________________________________ __________
Record owner or authorized representative of owner entity
This ballot is to be returned to: City Clerk, City of Sacramento, 915 I Street, Sacramento, CA 95814, sealed in the envelope included, within thirty (30) days, that is on or before the following date:__________ (to be filled in).
B. Each mailing shall include a summary of the ballot procedure specified in this section, with instructions for the completion, sealing and return of the ballot, the date by which the ballot must be returned, and a return envelope preprinted with the return address of the city clerk. The return envelope shall also contain blanks for the owner or authorized representative to fill in the owner's address, a sworn declaration stating that the person executing the ballot and envelope is the record owner of the parcel or the authorized representative of the owner, and a signature. The envelope shall have a brief statement printed in the upper right corner indicating the required return postage amount.
C. Returned ballots which are not sealed, or which do not contain the information properly filled in on the envelope, or which are not properly signed, shall be rejected and not counted.
D. Ballots may be returned by mail or in person at the office of the city clerk. All ballots must be returned on or before five p.m. on the date specified on the ballot and in the information provided with the ballot. Any ballot received thereafter shall be rejected and not counted.
E. The city clerk shall receive and retain unopened all returned ballots, whether such ballots be returned by mail or in person.
F. Upon verification of the signature and other information, those ballots which have been properly and timely returned and not rejected shall be opened and tabulated by the city clerk. Tabulation shall be in accordance with the following procedures:
1. The ballots in favor of the property related fee or charge shall be counted and totaled;
2. The ballots in opposition to the property related fee or charge shall be counted and totaled;
3. The property related fee or charge, or increase thereof, may be imposed only if the number of ballots in favor of the property related fee or charge or increase thereof exceeds the number of ballots in opposition to the property related fee or charge or increase thereof. In the event of a tie, the property related fee or charge or increase thereof may not be imposed. In the case of an increase in an existing property related fee or charge, the failure of those submitting ballots to approve the increase shall have no effect upon the existing fee or charge;
4. All ballots, including those which were rejected for noncompliance with the requirements of this chapter, shall be retained by the city clerk for a period of three years;
5. Nothing in this chapter shall preclude the city council from employing a private consultant, or the county registrar of voters, to administer all or part of the ballot process.
G. At the next regular city council meeting following the tabulation of the ballots, the city clerk shall inform the city council of the results of the ballot procedure and shall request that the city council declare by resolution that the ballot procedure has been completed and the results of the tabulation of ballots. (Ord. 2010-021 § 2; prior code § 62.08.804)