HomeMy WebLinkAbout2000-06-12 Ordinance 4647ORDINANCE NO. 4647
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
ADDING SECTION 2.40.015 TO CHAPTER 2.40 (MUNICIPAL
ELECTIONS) OF THE PALO ALTO MUNICIPAL CODE TO
AUTHORIZE THE USE OF MAIL BALLOT ELECTIONS
SECTION 1. The Council of the City of Palo Alto does
ORDAIN as follows:
1. The California Elections Code 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.
2. In accordance with Section 4000 of the California
Elections Code, City Council approval is required to authorize the
use of mail ballots for such an election.
3. Section 4 of Article III of the Charter of the City
of Palo Alto provides that the council may by ordinance determine
the manner of holding elections.
4. The City Council finds that mail ballot elections
held elsewhere in the State have been shown to achieve higher voter
turn out and also to be less expensive than the more traditional
means of voting, and that authorizing the use of mail ballot
elections for proceedings pursuant to Article XIII C or XIII D of
the California Constitution is, therefore, in the public interest.
SECTION 2. Section 2.40.015 is hereby added to Chapter
2.40 (Municipal Elections) of the Palo Alto Municipal Code to read
as follows:
2.40.015 Mail Ballot Elections.
(a) The City Council is authorized to conduct elections
wholly by mail ballot as described in subsection (b) of this
section. 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 section shall be set forth in
a resolution approved at a regular or special meeting of the City
Council.
(b) The following items may be the subject of a mail
ballot election:
(1) Any election to approve a special tax as required
or authorized by Article XIII C of the California Constitution.
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(2) Any election to approve a property-related fee or
charge as required or authorized by Article XIII D of the
California Constitution.
(3) 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.
(c) Elections authorized by this section shall not
o~cur on the same date as a statewide direct primary election or
statewide general election.
(d) Elections authorized by this section shall be
deemed to be special elections within the meaning of Section 3 of
Article III of the Charter of the City of Palo Alto and shall be
conducted in accordance with special provisions as may be adopted
by resolution of the City Council with respect to assessment ballot
proceedings and elections for property-related fees and charges,
and, with respect to elections on taxes, in accordance with the
provisions for mail ballot elections set forth in Elections Code
sections 4100 and following, as now exist or may hereafter be
amended, and in accordance with the provisions of this chapter.
SECTION 3. This is not a project for purposes of the
California Environmental Quality Act (CEQA).
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SECTION 4. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: June 12, 2000
PASSED: June 26, 2000
AYES: BEECHAM, BURCH, EAKINS,KLEINBERG, KNISS, LYTLE, MOSSAR,
OJAKIAN
NOES:
ABSTENTIONS:
ABSENT: FAZZINO
ATTEST:
~f/~/J-City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
000629 cl 0032314
APPROVED:
THIS DOCUME,NT IS CERTIFIED TO BE AN
ORDINAI\!CE DULY PASSED BY THE COUNCIL
OF THE CITY OF PALO ALTO AND
THEnt.:,"~-fER POST~~ T~ COUNCIL CHt~M,;r:RS ON ~ :.jCL() 0 (WITHIN 15
DAYS OF ITS PASSAGE)
"I certify (or dccl<:1rc) under penalty
01 perjury that the foregoing is true
and correct"
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