MAY 3, 2005 ORDINANCE AUTHORIZING THE USE OF MAIL BALLOT ELECTIONS MAY 3, 2005 ORDINANCE AUTHORIZING THE USE OF MAIL BALLOT ELECTIONS

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DENNIS McLEAN, DIRECTOR OF FINANCE AND INFORMATION TECHNOLOGY

DATE: MAY 3, 2005

SUBJECT: ORDINANCE AUTHORIZING THE USE OF MAIL BALLOT ELECTIONS

Staff Coordinator: Gary Gyves, Senior Administrative Analyst P>RECOMMENDATION:

Hold second reading and adopt Ordinance No.____ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AUTHORIZING THE USE OF MAIL BALLOT ELECTIONS.P>BACKGROUND & DISCUSSION

This Ordinance was introduced for its first reading at the April 19, 2005 City Council meeting. As detailed in the Water Quality and Flood Protection Program – Proposed Storm Drain User Fee staff report presented to the City Council on April 19, 2005, this Ordinance will enable the City to use mail ballot elections.

Respectfully submitted,

Dennis McLean

Director of Finance and Information Technology

Reviewed,

Les Evans

City Manager

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY OF RANCHO

PALOS VERDES AUTHORIZING THE USE

OF MAIL BALLOT ELECTIONS

RECITALS:

WHEREAS, California Elections Code Section 4000 provides that any election or assessment ballot proceeding required or authorized by Article XIII C or XIII D of the California Constitution may be conducted wholly by mail; and

WHEREAS, pursuant to California Elections Code Section 4000, the City Council is required to authorize the use of mailed ballots for such an election; and

WHEREAS, the City Council wishes to achieve higher voter turn-out by allowing for the use of mailed ballots for such an election; and

WHEREAS, the City Council wishes to reduce the cost of such an election by the use of mailed ballots.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1 Chapter 2.50 is hereby added to Title 2 of the Rancho Palos Verdes Municipal Code to read as follows:

"Chapter 2.50 Mail Ballot Elections.

Sections:

2.50.010 Purpose.

2.50.020 Application of Chapter.

2.50.030 Procedure.

2.50.010 Purpose. The City Council is authorized to conduct elections wholly by mail ballot as set forth in Section 2.50.020 of this Chapter 2.50. The City Council shall determine whether an election will be conducted by mail at the time the election is called. Actions of the City Council pursuant to this Chapter shall be set forth in a resolution approved at a regular or special meeting of the City Council.

2.50.020 Application of Chapter. The following items may be the subject of an all-mail ballot election:

(a) Any election to approve a special tax as required or

authorized by Article XIII C of the California

Constitution.

(b) Any election to approve a property-related fee or

charge as required or authorized by Article XIII D of

the California Constitution.

(c) Any assessment ballot proceeding required or

authorized by Article XIII D of the California

Constitution; provided, however, that such a

proceeding shall be denominated an ‘assessment

ballot proceeding’ rather than an election, and

ballots shall be denominated ‘assessment ballots’.

2.50.030 Procedure.

(a) Elections authorized by this Section shall be held on an established mail ballot election date pursuant to Elections Code Section 1500.

(b) Elections authorized by this Section shall be conducted in accordance with special provisions as may be adopted by resolution of the City Council and with the applicable provisions for mail ballot elections set forth in California Elections Code Sections 4100 et seq, as they now exist or may hereafter be amended."

Section 2 Enabling Authority. This Ordinance is adopted pursuant to the authority granted by Section 4000(c)(9) of the California Elections Code.

P>Section 3 The City Clerk shall certify to the passage of this Ordinance and is hereby directed to post this Ordinance in accordance with law.

PASSED, APPROVED AND ADOPTED this ____ day of ___________, 2005.

Mayor

ATTEST:

City Clerk