Citizens Advisory Committee on Elections and Community Involvement Recommendations to the Anaheim City Council May 2013

Committee Members Vivian Pham, Chair Bill Dalati, Vice Chair Anthony Armas Sandy Day Amanda Edinger Larry Larsen Martin Lopez Gloria Ma’ae Keith Olesen Vic Real John Woodhead, Ex Officio Member

Citizens Advisory Committee on Elections and Community Involvement Recommendations to the Anaheim City Council
Executive Summary Anaheim City Council Resolution 2013-038 (See Appendix A) established the Citizens Advisory Committee on Elections and Community Involvement (noted as CAC hereafter)on August 8, 2012 . The CAC held meetings at least monthly between October 18, 2012 and May 9, 2013, for a total of 12 meetings. During each of these meetings the CAC heard citizen and expert testimony on the issues under their charge as outlined in Resolution 2013-038. In fulfillment of their charge, the Citizens Advisory Committee on Elections and Community Involvement respectfully recommends to the Anaheim City Council that the City of Anaheim: Place the question of a potential change in the city election system, particularly the question of district or at-large council member elections to a vote of the citizens of Anaheim. Expand the size of city council to either six (6) or eight (8) council members, with the mayor serving as one additional member. Continue to have the mayor be elected at-large. Continue to actively remove barriers to voter registration through the activities of city staff and create a community outreach committee to encourage voter registration. Have the city voting official (city clerk) lead the following: working with local community leaders to promote voter registration and turnout (e. g. church leadership, PTA), partnering with schools, partnering with community groups (that are nonpartisan, non-profit or civic organizations) to assist with identifying local leaders. Continue partnering with the Orange County Registrar of Voters to provide election materials in multiple languages (as required by law), translate election materials or other items into multiple languages, translate all city community meetings, translate all city council meetings, and explore Spanish language subtitles on ACTV to encourage resident participation in elections and in local government decision making. Change the city council meeting time to 6:30pm to facilitate and promote participation in the electoral process. Increase the number of neighborhood council meetings in the range of six (6) to twelve (12) meetings annually to promote participation in the electoral process.

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This report and set of recommendations was approved by the Citizens Advisory Committee on Elections and Community Involvement on May 9, 2013 by a unanimous vote.

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Introduction The Citizens Advisory Committee on Elections and Community Involvement is pleased to submit this report with their final recommendations to the Anaheim City Council. The report is a result of a great deal of work by Committee Members and reflects the group’s recommendations. The Committee wishes to acknowledge the value of the process and is appreciative to the City Council for establishing the CAC in order for residents to provide advice, and recommendations to the City Council regarding elections and community involvement. Overview The Citizens Advisory Committee on Elections and Community Involvement met a total of 12 times, the first meeting was held on October 18, 2012 and the final meeting was held on May 9, 2013. The City Manager’s Office provided staff support to the committee. Representatives of the offices of the City Manager and City Attorney were in attendance at each of the meetings. Resolution The Citizens Advisory Committee on Elections and Community Involvement (CAC) was established by City Council resolution 2013-0381 . The resolution charged the CAC with providing “advice to the City Council on promoting the full participation of all ethnic and racial groups in local elections, including recommendations on the following:” 1. Potential changes in the City’s election systems, including election by district (solely elected by residents of that district), residency-required districts (that retain atlarge elections), continuing with an at-large elected mayor or resuming Anaheim’s historic system of having the mayor appointed by the council, the number of districts, if any; cumulative voting; traditional voting; and the date of elections; 2. How to encourage voter registration; 3. How to identify and engage community groups that can assist the City with encouraging resident participation in elections and in local government decisionmaking; 4. What language assistance programs would be cost effective to encourage resident participation in city elections and local government decision making; and 5. Other techniques, approaches, methods, or alternatives that, in the estimation of the Committee, should be considered by the City Council or recommended to groups or agencies with the ability to act to promote the participation of racial and ethnic minorities in the electoral process. Appointments to the Committee CAC members were appointed to the committee based on the procedure established by City Council Resolution 2013-038. Three members2 of the CAC resigned prior to the completion of this recommendation, and were replaced as prescribed in City Council Resolution 2013-038. Vivian Pham was elected from the membership of the CAC to Chair
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the full text of the Resolution appears in the appendix Peter Agarwal, David Dias, and Joseph Karaki 2

the committee. The CAC membership upon completion of this recommendation was as follows3: Appointee Anthony Armas Bill Dalati Sandy Day Amanda Edinger Larry Larsen Martin Lopez Gloria Ma’ae Keith Olesen Vivian Pham Vic Real Appointed by: Mayor Pro Tem Eastman Mayor Tait Council Member Murray Council Members Kring and Brandman Former Council Member Galloway Former Council Member Galloway Mayor Pro Tem Eastman Council Member Murray Mayor Tait Former Mayor Pro Tem Sidhu

Testimony The committee adhered to all of the procedures required by the Ralph M. Brown Act. Public comment was heard at each meeting, which can be reviewed in the published meeting minutes or the video recording of the meetings. For six months, the committee heard testimony from a variety of experts in the field as well as interested members of the public. An overview of the speakers follows:         Justin Tucker, Director of the Center for Public Policy, California State University Fullerton. Provided an overview of local government electoral systems and some information from cities in Orange County. Justin Levitt, Associate Professor of Law, Loyola Law School. Provided an overview of the California Voting Rights Act and electoral systems. Wayne Dernetz, Former City Attorney for the City of Vista. Provided an overview of the City of Vista’s citizens advisory committee and the community outreach committee. George Petrulakis, Former Chair on the Charter Review Committee for the City of Modesto. Provided an overview of the City of Modesto’s decision to revise their electoral system from at-large to district elections. Peter Morrison, Demographer. Presented information about the demographics of Anaheim and some projected trends in city demographics. David Kimball, Professor, University of Missouri – St Louis. Presented information about cumulative voting and instant runoff voting. Steve Chessin, President, California for Electoral Reform. Presented information about a instant runoff voting and various forms of proportional representation electoral systems. Neal Kelley, Orange County Registrar of Voters. Presented on what the Registrar does and some of the programs that they use to encourage voting and registration, including listed in alphabetical order by surname 3

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    

information on the voting trends in Anaheim, community involvement in election administration, voter turnout, and voter registration. Linda Andal, City Clerk, City of Anaheim. Presented information on the City’s current outreach and voter registration efforts. Aly Zimmermann, Assistant City Manager, City of Vista. Provided an overview of how the City of Vista’s outreach committee performed its work. Joan Hake, Vice President Voter Service, League of Women Voters of the Central Orange County Area. Provided an overview of the League of Women Voters efforts to engage the community in the voting process. Elisa Sequeira, California Director of Civic Engagement, NALEO Educational Fund. Provided information about Latino participation in elections. She discussed voter registration, get out the vote, information and education, and poll monitoring efforts. Sarah Hill, Assistant Professor, California State University – Fullerton. Presented information on election costs, the number of city council seats, and at-large and district elections.

Decision making process During the April CAC meetings, a professional facilitator, Steven Lynn, was brought in to assist the committee in their decision making process. The CAC agreed to adhere to a set of procedural rules in their discussions and deliberations. During the CAC meetings on April 11 and April 18, Mr. Lynn facilitated a discussion of the five topical areas under the charge of the committee. During the April 11 meeting, the committee crafted and approved recommendations for the following topical areas: 1) encourage voter registration, 2) identify and engage community groups, 3) language assistance programs, and 4) other methods to increase participation of racial and ethnic minorities. During the April 18 meeting, the CAC crafted recommendations and held a vote on the remaining topical areas: 1) city election system to elect members of city council, 2) the number of seats on city council, and 3) the method of electing the mayor. The CAC refers the City Council to the minutes of the April 11 and April 18 CAC meetings for the summary of the discussion on each of the five areas. Committee Recommendations and CAC Membership Votes The recommendations respectfully submitted are as follows: Place the question of a potential change in the city election system, particularly the question of district or at-large council member elections to a vote of the citizens of Anaheim.  CAC members Dalati, Pham, Lopez, Larsen, and Real voted in support of district elections  CAC members Armas, Day, Edinger, Ma’ae, and Olesen voted in support of at-large elections Vote: 5 members voted in support of district elections and 5 members voted in support of at large elections. o After a discussion on hybrid options on April 18, there was not a consensus of the CAC to move that option forward. On May 9 there was a split vote on 4

discussing the hybrid option any further, therefore the item did not move forward. o The CAC was unable to reach a majority recommendation on the method of election. However, the CAC unanimously recommended that the city council put the issue of district or at-large elections to a vote of the citizens of Anaheim. On the issue of the number of members on the city council: o The CAC recommends that the council be expanded in number to either six (6) or eight (8) council members, with the mayor serving as one additional member.  CAC members Armas, Day, Edinger, Ma’ae, and Olesen supported six (6) council members,  CAC members Dalati, Larsen, Lopez, and Pham supported eight (8) council members  CAC member Real abstained from voting on this issue Vote: 5 members voted to support six council members, 4 members voted to support eight members and 1 member abstained. On the issue of the selection of the mayor: o The CAC recommends that the mayor be elected at-large.  CAC members Armas, Dalati, Day, Edinger, Lopez, Larsen, Ma’ae, Olesen, Pham and Real voted in favor of the recommendation Vote: All 10 members voted in favor of electing the mayor at-large. On the issue of encouraging voter registration, the committee was split on the specific role of the city, therefore they voted to recommend the following: o Continue to remove barriers to voter registration through the activities of city staff (as they currently do), and o Take more affirmative action by creating a community outreach committee in addition to removing barriers to voter registration through the activities of city staff.  CAC members Armas, Dalati, Day, Edinger, Lopez, Ma’ae, Olesen, Pham, Real voted for the dual recommendation noted above, CAC member Larsen voted no.  CAC members Armas, Edinger, Larsen, Olesen, Pham, Day support removing barriers to voter registration  CAC members, Dalati, Lopez, Ma’ae, Real support creating a community outreach committee Vote: 9 members voted in favor of both recommendations, 1 member voted no.

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On the issue of identification and engagement of community groups to assist the city with participation in elections and local government decision making, the committee unanimously recommend that the city voting official (city clerk) lead the following: o Work with local community leaders (e. g. church leadership, PTA); o Partner with schools; and o Partner with community groups (non-partisan, non-profit , civic participation groups) to assist with identifying local leaders. Vote: All 10 members voted in favor.

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On the issue of what language assistance programs that would encourage resident participation in city elections and local government decision making, the committee unanimously recommends that the city: o Continue partnering with the Orange County Registrar of Voters to provide election materials in multiple languages (as required by law); o Translate election materials of other items into multiple languages; o Translate all city community meetings o Translate all city council meetings; and o Include Spanish language subtitles on ACTV. Vote: All 10 members voted in favor. On the issue of other techniques, approaches, methods, or alternatives that should be considered to promote the participation of racial and ethnic minorities in the electoral process, the committee unanimously recommends: o That the city alter the City Council meeting start time to 6:30pm to facilitate and promote participation in the electoral process o That the city increase the number of neighborhood council meetings in the range of six (6) to twelve (12) meetings annually Vote: All 10 members voted in favor.

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Appendix A

RESOLUTION NO 2013 038

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
CALIFORNIA AMENDING AND RESTATING THE RULES AND
PROCEDURES ESTABLISHING AND GOVERNING THE CITIZENS ADVISORY COMMITTEE ON ELECTIONS AND COMMUNITY INVOLVEMENT

WHEREAS the City of Anaheim is a diverse community with a significant population of varying ethnic heritage and WHEREAS the City of Anaheim seeks to promote the full participation of all residents neighborhoods community groups and ethnic groups in elections and WHEREAS the City Council is committed to studying its electoral system with an understanding of the demographic and ethnic population in our community and WHEREAS it is important to ensure equal opportunity of all groups to participate in the electoral process to elect candidates that reflect community interests and to ensure full participation of all groups in local government to ensure a representative government that serves
all and

WHEREAS the City Council of the City of Anaheim adopted Resolution No 2012090 which established the Citizens Advisory Committee on Elections and Community Involvement and provided rules and procedures by which the Committee would be governed and WHEREAS following a public notice process applications for original membership to the Committee were submitted to the City Clerk and 10 ten Committee members were selected and WHEREAS the City Council desires to amend and restate the rules and procedures
applicable to the Committee as set forth in this Resolution to address circumstances where

vacancies may arise in the Committee membership that was appointed by City Councilmembers no longer holding office as Councilmembers NOW THEREFORE BE IT RESOLVED that the City Council of the City of Anaheim hereby amends and restates the rules and procedures establishing and governing the Committee in
the manner hereinafter set forth

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There is hereby established the City of Anaheim Citizens Advisory Committee on
Community
Involvement Committee

Elections and

The Committee shall consist of 10 ten

voting members with the City Manager or his appointee serving in an ex officio capacity for a
total of 11 members 2

Members of the City Council shall each appoint 2 members to the Committee

Committee members serve at the pleasure of the Councilmember appointing him or her If a Committee member appointed by a City Councilmember still holding office as a Councilmember

resigns from the Committee during the Committee sterm then that Councilmember may select a

replacement Committee member If a Committee member appointed by a former Councilmember

resigns from the Committee then a replacement shall be selected by the City Council or alternatively the Council may authorize replacement be made by a subcommittee composed of two members of the City Council and any such replacement shall serve at the pleasure of the City Council Any City Council subcommittee formed pursuant to this Resolution shall terminate at the
time provided in Section 9
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Nominees to the Committee must be Anaheim residents The compilation of the

Committee must consist of a majority from dispersed geographic areas of the city and represent a

plurality of the ethnic diversity in Anaheim Elected officials and anyone related to or employed by city staff or professional staff elected officials in Anaheim are prohibited from serving on the
Committee
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The Committee shall provide advice to the City Council on promoting the full

participation of all ethnic and racial groups in local elections including recommendations on the
following

1 Potential changes in the City s election systems including election by district solely elected by residents of that district residency required districts that retain atlarge
cumulative voting traditional runoff voting and the date of elections
2 How to encourage voter registration

elections continuing with an atlarge elected mayor or resuming Anaheim s historic

system of having the mayor appointed by the council the number of districts if any
3 How to identify and engage community groups that can assist the City with
encouraging resident participation in elections and in local government
decision making

4 What language assistance programs would be cost effective to encourage resident participation in city elections and local government decision making and 5 Other techniques approaches methods or alternatives that in the estimation of the
Committee should be considered by the City Council or recommended to groups or

agencies with the ability to act to promote the participation the racial and ethnic
minorities in the electoral process
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The Committee s recommendation s shall be communicated in writing to the

City Council by May 31 2013 or through such other means and on such other dates as shall be set by the City Council Committee meetings shall be open to the public recorded and available for
viewing at www net anaheim
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To assist the Committee the City s staff and City s consultants are authorized

and directed to provide logistical support community outreach assistance and all necessary information to the Committee regarding the following subjects 1 the demographics of the City
of Anaheim and its historic election results 2 the California Voting Rights Act and associated

laws governing elections 3 approaches that other communities have used to promote the full participation of residents from all communities inmaterials elections 4 the estimated cost associated with relevant the tasks assigned which
various

options

and

5 any

other information

or

are

to

to the Committee In addition the Committee may invite speakers with expertise to address the Committee on subjects which the Committee determines will assist it in its mission Members of

the public shall also be invited to address the Committee regarding ways to promote the full participation of racial and ethnic groups in the political process including elective office
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minimum and hold multiple meetings in different areas of the City The Committee is also
local school districts as well as from Anaheim s elected state and federal officials
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To encourage public input and access the Committee shall meet monthly at a

encouraged to solicit ideas and suggestions from the Secretary of State County Registrar and
The Committee may assign tasks to subcommittees it creates and have those
The Committee shall terminate its existence thirty 30 days after it reports to the
subcommittees report to the full Committee
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City Council and responds to any additional requests for advice directed to the Committee by the City Council Once the term of the Committee has concluded it shall cease to function and shall
not exist as a recognized Committee unless extended by Council action
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The Committee and its members shall be governed by the Ralph M Brown Act the

Anaheim Municipal Code regarding conflicts of interest and all other applicable federal state or local laws or regulations Upon the appointment of the Committee smembers the City Council shall set an initial meeting of the Committee in accordance with the Brown Act at a time and a schedule of meetings These meetings may be held at City facilities provided that the facilities
are not otherwise in use The City will establish a special section of the City s website for full access and transparency on all agendas minutes and schedules of the Committee
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place convenient to the Committee smembers for the purpose of organizing itself and establishing

The Committee shall appoint a chairperson and if desired the Committee may

adopt procedures for the conduct of its meetings and activities that are necessary and convenient to
enable the Committee to carry out its functions

BE IT FURTHER RESOLVED that Resolution No 2012090 be and the same is hereby
rescinded

City

of Anaheim this

THE FOREGOING RESOLUTION is approved and adopted by the City Council of the 5th 2013 by the following roll call vote day of March Mayor Tait Council Members Eastman Brandman Murray and Kring
None

AYES

NOES

ABSENT ABSTAIN

None

None

Tom Tait Mayor

APPROVED AS TO FORM

ATTEST Linda

Michael Houston
Interim

City Atto
I

Ana

y Clerk

By

By

Alb

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