Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00168 February 1, 2022 Consent Item 09
Title: Property Related Fee Ballot Election Procedures
Location: Citywide
Recommendation: Adopt a Resolution implementing procedures for mailed ballot elections conducted pursuant to Article XIIID, section 6, subdivision (c) of the California Constitution.
Contact: William O. Busath, Director of Utilities (916) 808-1434, [email protected]
; Chuong (Ryan) Pham, Business Services Manager (916)
808-8995, [email protected]; Dean Fujimoto, Program Manager, (916) 808-6645, [email protected]; Tyler Stratton, Program Specialist, (916) 808-1284, [email protected]; Department of Utilities
Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
File ID: 2022-00168 Consent Item 09
February 1, 2022
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City of Sacramento
Description/Analysis
Issue Detail: Article XIIID, section 6, subdivision (c) of the California Constitution requires the City of Sacramento to conduct a mailed ballot election prior to adopting or increasing certain property-related fees. This constitutional provision does not offer specific guidance as to who is allowed to vote, how ballots are to be submitted, or how the City is to tabulate ballots.
Sacramento City Code section 3.44.110 sets forth procedures for fees or charges for which Article XIIID, Section 6, subdivision (c) of the California Constitution requires a mailed ballot procedure. The attached resolution provides additional detail to the procedures set forth in the California Constitution and Sacramento City Code. In the event of a conflict, the provisions of the California Constitution and Sacramento City Code shall apply.
Policy Considerations: Not applicable
Economic Impacts: Not applicable
Environmental Considerations: Not applicable
Sustainability: Not applicable
Commission/Committee Action: Not Applicable
Rationale for Recommendation: Article XIII D, section 6, subdivision (c) authorizes an agency to adopt procedures similar to those for increases in assessments under article XIII D, section 4 for elections related to property-related fees or charges. Local procedures are helpful given the lack of detailed statutes governing them and their exclusion from the Elections Code.
Such rules should cover matters such as the procedure for issuing duplicate ballots (when a ballot is lost or spoiled); proportional ballots (when joint property owners cast separate ballots); and treatment of unsigned or incomplete ballots.
These local procedures fill gaps in Proposition 218 and state law and establish “rules of the road” for a ballot proceeding at the outset so that there is no need to make rule determinations during proceedings as questions arise.
Financial Considerations: Not applicable
Local Business Enterprise (LBE): Not applicable
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RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SACRAMENTO ADOPTING PROCEDURES FOR MAILED
BALLOT ELECTIONS PURSUANT TO ARTICLE XIII D,
SECTION 6, SUBDIVISION (C) OF THE CALIFORNIA
CONSTITUTION
BACKGROUND
A. Article XIIID, section 6, subdivision (c) of the California Constitution requires the C ity of Sacramento to conduct a mailed ballot election before adopting or increasing certain property-related fees.
B. This constitutional provision does not offer specific guidance as to who is the “property owner” authorized to vote, how ballots are to be submitted, or how the City is to tabulate ballots. Sacramento City Code section 3.44.110 sets forth procedures for fees or charges for which Article XIII D, Section 6 , subdivision (c) of the California Constitution requires a mailed ballot procedure.
C. This resolution provides additional detail to the procedures set forth in the California Constitution and Sacramento City Code.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS: when a mailed ballot election regarding ado ption or increase of property-related fee is conducted by the City pursuant to Article XIII D, Section 6, subdivision (c) of the California Constitution, the following shall apply:
SECTION 1: Definitions. Unless the context plainly indicates another me aning was intended, the following definitions shall apply in construction of these guidelines.
A. “Parcel” means a County Assessor’s parcel the owner of which is subject to the proposed charge that is the subject of the hearing.
B. “Record owner” or “parcel ow ner” means “record owner” as that term is defined in Government Code section 53750, subdivision (j).
SECTION 2 : Mailing of Ballot. Election materials, including a ballot, instructions, and a ballo t return envelope shall be mailed via U.S. mail to all record owners of property subject to the property -related fee after City Council authorizes the ballot election. The ballot election shall close a minimum of 45 days after the rate hearing.
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SECTION 3: Ballot Contents. The ballot shall be substantially in th e form required by section 3.44.110 of the Sacramento City Code and shall include:
A. The name of the record owner;
B. An identification of one or more parcels;
C. The amount chargeable to the record owner’s parcel or parcels;
D. A place where the person subm itting the ballot may print their name and execute a statement under penalty of perjury that they are an owner of the parcel identified on the ballot or a person legally authorized to submit a ballot on behalf of the record owner
E. The date and time by which the ballot must be returned to the City Clerk;
F. The address for return of ballots;
SECTION 4: Completion of Ballots.
A. A ballot may be completed by an owner of the parcel subject to the fee, or person legally au thorized to submit a ballot on behalf of the record owner . If the owner of the parcel is a partnership, joint tenancy, or tenancy in common, a ballot may be completed by any of the general partners, joint tena nts, or tenants i n com mon. Except as set forth below, only one ballot may be completed for each parcel.
B. To com plete a ballot, one must (1) mark the appropriate box supporting or opposing the proposed fee, and (2) sign, under of penalty of perjury, the statement on the ballot that the pe rson co mpleting the ballot is a record owner of the parcel or a person legally authorized to submit a ballot on behalf of the record owner.
C. Ballots must be clearly marked next to either “Yes” or “No” and include the original wet signature of th e signer. Ballots which are marked both “Yes” and “No,” neither “Yes” nor “No,” on which the intention of the person voting is not clear, or which are not signed will not be valid.
SECTION 5: Proportional Ballots.
A. If a parcel has multiple record owners, any record owner ma y request a proportional ballot. If the ownershi p interest of the record owner is not shown
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on the last equalized property tax assessment roll, such request must include evidence, satisfactory of the City Clerk, of the record owner’s pr oportional rights in the parcel. The City Clerk or their designated representative will provide the proportional ballot to the record owner at the address shown on the assessment roll. Any request for a ballot to be mailed to another location must be m ade in writing and m ust include evidence, satisfactory to the City Clerk, of the identity of the person requesting the ballot. Each proportion al ballot will be marked to show the date on which the ballot was provided, to identify it as a proportional ballo t, and to i ndicate t he record owner’s proportional rights in the parcel. The City Clerk or their designated representative will keep a record of each proportional ballot provided to an owner.
B. If the Clerk has sufficient information to do so, they shall can cel any bal lot issued as to the whole parcel and mail proportio nal ballots to all who hold proportional rights in the parcel.
C. If both a ballot issued as to the whole parcel and one or more proportional ballots for it are received, the parcel for the whole ballot will be tabulated if it agrees with all the related proportional ballots received. Otherwise, only the proportional ballot(s) received shall be tabulated.
SECTION 6: Duplicate Ballots.
A. If a ballot is lost, withdrawn, destroyed, or never received, the City C lerk or their designated representative shall mail or otherwise provide a duplicate ballot to the record owner upon receipt of a written request to do s o. The duplicate ballot shall be marked to show the date on which it was mailed or provided a nd to ident ify it as a duplicate ballot . The City Clerk or their designated representative will keep a record of each duplicate bal lot issued.
The same procedure applies to duplicate ballots that are lost, withdrawn, destroyed, or never received.
B. If the ownership interest of t he record owner requesting a duplicate bal lot is not shown on the latest equalized property tax assessment roll (as, for example, when a parcel has been acquired after the assessment roll is equalized), the duplicate ballot request m ust include evidence, satisfactory to the City Clerk, of the requestor’s rights in the parcel. In this case, the duplicate ballot shall indicate the name of the owner who requested it.
C. The City Clerk or their designated representative will provide the dup licate ballot to the record owner at the address shown on the latest equalized property tax assessment roll. Any request for a ballot to be mailed to another location must be made in writing and must include evidence, satisfactory to the City Clerk, of the identity of the person requesting the ballot.
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SECTION 7: Return of Ballots. Ballots may be mailed o r hand-delivered during normal business hours to the Office of the City Clerk at the address indicated on the ballot. To be counted, ballots must be re ceived by t he City Cler k before the time and date indicated in the ballot materials. Only ballots mailed or otherwise provided to the record owners by the City will be counted.
SECTION 8: Withdrawal of Ballots.
A. Any person who submits a ballot may with draw it by submitting t o the City Clerk a signed written request that the ballot be withdrawn. The reque st shall contain sufficient information to identify the affected parcel and the name of the person who submitted both the ballot and the request that it be withdrawn or, if th e person withdrawing the ballot is other than the person submitting, evidence of his or her legal authority to act for the record owner of the parcel.
B. When ballots are tabulated, the City Clerk or their designated representative shall segregate withdrawn ballots from all other returned ballots. The City Clerk shall retain all withdrawn ballots.
C. If any ballot has been withdrawn, the person withdrawing the ballot may request a duplicate ballot.
SECTION 9: Tabulation of Ballots.
A. Emailed, faxed, and photocopied ballots shall not be counted.
B. Only ballots that are completed and returned in compliance with these procedures will be counted. Ballots received by the City Clerk after the deadline for return of ballots will not be counted. Ba llots that are not sign ed by a record owner or a record owner’s legally authorized representative will not be counted. Ballots with no boxes marked, or with more than one box marked, will not be counted , unless the property owner otherwise makes clear the intent of t heir vote . B allots withdrawn in accordance with the se procedures will not be counted.
C. The City will keep a record of each proportional or duplicate ballot mailed or otherwise issued and ensure that only one vote is tabulated per parcel, except as otherwise provided in Section 5. above as to proportional ballots.
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D. The City Clerk, or other impartial person designated by the City Council who does not have a vested interest in the outcome of the electio n, shall tabulate the ballots at t he place and time designated for such purpose by the City Clerk. Ballots will be tabulated . Ballots will not be removed fro m their return envelopes u ntil tabulation begins . If a return envelope is opened inadvertently, or for any other reasons, the City Clerk shall reseal it and annotate the envelop e to indicate he or she has done so unless he or she has reason to doubt the authenticity of the ballot, in which case he or she shall send a duplicate ballot the to the record owner, explaining the need to recast the vote.
E. Ballots may be co unted by hand, by co mputer, or by any other reliable tabulating method.
F. Each ballot will count as one vote per property with a proposed fee greater than $0. Proportional ballots will be c ounted as a fraction of a vote, weighted in acco rdance wit h the resp ective ownership interests of each proportional ballot submitted. If one or more proportional ballots are returned for a parcel and a non -proportional ballot is also returned for the parce l, the non - proportional ballot will be disregarded. In no event may more than one whole vote be tallied for a parcel.
SECTION 10: Results of Tabulation.
A. The results of tabulation will be announced at a meeting of the City Council , certified by the City Clerk, and confirmed by resolution of the City Council.
B. Property ow ners will be deemed to have approved the proposed fee if the number of votes cast in favor of the proposed fee exceeds the number of votes cast in opposition to the proposed fee.
SECTION 11: City Clerk’s Dec isions Final . The City Clerk’s decis ion that a ballot is or is not valid shall constitute a final action of the City and shall not be subject to any internal appeal.
SECTION 12: This resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this __ day of ________, 202_.
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APPROVED:
_____________________
Darrell Steinberg, Mayor
ATTESTED:
_____________________
Mindy Cuppy, City Clerk