Advisory Committee on Electoral Districts

Transcription

1 Advisory Committee on Electoral Districts Shape Anaheim s Future Draw your City Council Districts. ORDEN DEL DÍA DE LA REUNIÓN MIEMBROS DEL COMITÉ Miércoles, 12 de mayo del 2015 Hon. James Jackman, Ret. 6:30 PM Hon. Nancy Wieben Stock, Ret. Cámara del Ayuntamiento de Anaheim Hon. Stephen Sundvold, Ret. 200 Anaheim Blvd., 1 er Piso, Anaheim Hon. Thomas Thrasher, Ret. Hon. Edward Wallin, Ret. 1. Llamar al orden la sesión 2. Comentarios del Público (3 minutos todos los puntos en el orden del día, excepto Punto No. 7, Presentación del Distrito) 3. Elegir a Presidente y Vicepresidente del Comité 4. Presentación de la Ley Brown 5. Recibir y archivar memorándum del Abogado Municipal acerca de Asuntos Legales y Procedimiento Parlamentario 6. Presentación de Distritos Concejales a. Comentarios del público sobre la Presentación de Distritos Concejales, solo (3 minutos) 7. Presentación del Plan de Comunicación Comunitaria 8. Aprobar el calendario propuesto de reuniones del Comité 9. Comentarios del Comité / Comentarios del personal 10. Cierre de la sesión ***** Todos los puntos del orden del día y el material de apoyo se encuentran disponibles para revisión en la Oficina de la Secretaria Municipal y en Todo escrito o documento dado a la mayoría del Comité sobre algún punto esta agenda (aparte de escritos legalmente exentos de divulgación pública) estarán disponibles para inspección pública en la Oficina de la Secretaria Municipal, ubicada en 200 S. Anaheim Blvd., 2º Piso, Anaheim, CA 92805, durante horas hábiles. Página 1

2 Cualquier persona que requiera una modificación o acomodación relacionada con una discapacidad, que incluye ayudas o servicios auxiliares, a fin de participar en la reunión pública puede solicitar dicha modificación, acomodación, ayuda o servicio al comunicarse con la Oficina de la Secretaria Municipal en 200 South Anaheim Boulevard, Anaheim, California, o por teléfono al (714) , antes de las 10:00 AM del día previo a la reunión programada. Si se solicita, este orden del día se hará disponible en formatos alternativos adecuados para personas con una discapacidad, como lo requiere la Sección 202 de la Ley de Americanos con Discapacidades de SERVICIOS DE TRADUCCIÓN: Se ofrecen servicios de interpretación al español en las reuniones del Comité Consultivo. La interpretación simultánea al español se brinda mediante el uso de dispositivos, y la interpretación consecutiva (de español a inglés) también está disponible a cualquiera que hable al Concejo cuando lo solicite en el podio. No se requiere el uso de los intérpretes que provee la Ciudad, y la gente puede usar su propio intérprete, si lo desea. Ya que existen muchos dialectos y regionalismos, la Ciudad no puede garantizar que los intérpretes podrán interpretar a un dialecto o regionalismo en particular, y se exime de cualquier responsabilidad que se alegue que surge de dichos servicios. Para servicios de traducción a otros idiomas, favor de comunicarse con la Oficina de la Secretaria Municipal antes de 48 horas antes de la reunión programada. DECLARACIÓN DE PUBLICACIÓN: El 8 de mayo del 2015, una copia fiel y verdadera de este orden del día/agenda fue publicada en el quiosco frente al Ayuntamiento (City Hall), 200 S. Anaheim Blvd.

3 City of Anaheim OFFICE OF THE CITY CLERK Date: May 8, 2015 To: From: Subject: Advisory Committee on Electoral Districts Linda N. Andal, City Clerk Item No. 3 Election of Chair and Vice Chair On April 7, 2015, the Anaheim City Council approved Resolution No appointing a five (5) member committee composed of retired judges of the Orange County Superior Court to serve as the Advisory Committee on Electoral Districts. Paragraph 12 provides that the Committee shall appoint a chairperson to preside over the meetings of the Committee. Staff recommends the Committee also appoint a Vice Chair to serve in the absence of the Chair. Anaheim City Hall 200 S. Anaheim Blvd. Anaheim, CA TEL: FAX:

4 OPEN MEETINGS LAW The Ralph M. Brown Act Presentation by: Michael R.W. Houston City Attorney Item No. 4

5 BASIC RULE All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency. Gov. Code 54953(a)

6 LEGISLATIVE BODY OF A LOCAL AGENCY Includes the City Council, Planning Commission, and other commissions and committees of the City. Includes all committees permanent or temporary, decision-making or advisory if they are created by ordinance, resolution or formal action. Gov. Code 54952(b)

7 DEFINITION OF MEETING Broad Definition: "Meeting" includes any gathering of a majority of the members of the committee to hear, discuss, or deliberate upon any item which is within its subject matter jurisdiction.

8 WHAT IS A MEETING? Caution: deliberation constitutes a meeting - action does not have to be taken!

9 AVOID THE CHAIN SERIAL MEETING Chain: If member A contacts member B, and B contacts member C, and C contacts member D, and so on, until a quorum and collective concurrence has been established, this type of serial meeting violates the Brown Act.

10 AVOID THE HUB AND SPOKE SERIAL MEETING Hub and spoke: An intermediary, such as a City staff member, contacts/is contacted by at least a quorum of the members to develop a collective concurrence on action to be taken by the legislative body. Unilateral, advisory written communication does not violate the Brown Act. Avoid Reply All on s!

11 WHAT IS NOT A MEETING? Individual contacts or conversations. Attendance by a majority of members at: 1. a conference; 2. an open and publicized meeting of another body of the agency; 3. an open and publicized meeting of another organization; or 4. a social or ceremonial occasion; PROVIDED that a majority of the members do not discuss amongst themselves business of a specific nature that is within the subject matter jurisdiction of the committee.

12 AGENDA REQUIREMENTS A written agenda must be prepared for each regular or adjourned regular meeting of the committee. Each item to be discussed or business to be transacted must be listed. The agenda must be posted at least 72 hours in advance of the meeting to which it relates.

13 NON-AGENDA ITEMS Action or discussion on any item not appearing on the posted agenda is generally prohibited except that members may briefly respond to statements made or questions posed by the public, and may, ask a question for clarification. There are limited exceptions for emergencies. Gov. Code (b)

14 NON-AGENDA ITEMS Members may: Make a brief announcement or report on activities Refer a member of the public to staff or other resources for factual information Request staff to report back to the legislative body in a subsequent meeting The committee, or a member, may direct staff to place a non-agenda item on a future agenda.

15 ALL PERSONS SHALL BE PERMITTED TO ATTEND Members of the public cannot be required to register, or otherwise fulfill any condition precedent to attend or speak at a meeting. Cannot require a member of the public to fill out a speaker card or sign in prior to speaking.

16 PUBLIC COMMENT A regular meeting agenda must allow an opportunity for members of the public to speak on any item of interest, so long as the item is within the subject matter jurisdiction of the committee. The committee may adopt reasonable regulations, including time limits, on public comments.

17 PUBLIC COMMENTS AS FREE SPEECH Expressions of support or opposition to matters before the committee (provided they are not overly disruptive) constitute protected speech. The City cannot prohibit public criticism of policies, procedures, programs, or services of the City or the omissions of the City itself.

18 CLOSED SESSIONS The exceptions to the Brown Act s requirement that all meetings be open are termed closed sessions" and include: 1. Personnel Matters 2. Litigation 3. Real Estate Negotiations 4. Labor Negotiations 5. License Applications of Criminals 6. Security of Public Buildings/ Services There Is No Anticipated Need For A Closed Session Of This Committee

19 REMEDIES AND PENALTIES Civil Action by District Attorney or Any Interested Person Injunction: Stop or prevent violations of the Brown Act (Gov. Code 54960); Declaratory Relief: Judgment finding committee has violated the Act (Gov. Code ); Obtain costs & attorneys fees (Gov. Code ). Misdemeanor Criminal Charges by District Attorney Where action taken in violation of Brown Act Member intended to deprive the public of information to which it is entitled (Gov. Code 54959)

20 IN SUMMARY All substantive discussions of committee business by committee members should be conducted during a public meeting The committee should only discuss and take action on items properly noticed on the agenda

21 MEMORANDUM CITY ATTORNEY'S OFFICE DATE: TO: FROM: RE: May 12,2015 Advisory Committee on Electoral Districts Committee Members Michael R.W. Houston, City Attorney ~/L Orientation on Legal Issues Congratulations on your appointment to serve on the 2015 Advisory Committee on Electoral Districts ("Committee"). Ben DeMayo, our outside counsel for the districting process, will act as a representative from the City Attorney's Office to advise you and participate in all meetings of the Committee. As the City Attorney, I will attend many of your meetings but will advise the City Council on whatever work product and recommendations you prepare and approve. At this time, please allow the Office of the City Attorney to weigh in briefly on your orientation through this memorandum. The Anaheim City Charter was adopted by the voters of the City on June 2, 1964 and became effective on January 14, The initial Charter was the product of a nearly year-long study by the Anaheim Citizens Charter Study Committee in Prior to and following the Charter's adoption in 1964, the City has elected its City Council on an "at large" basis, meaning all City voters may cast ballots for each of the candidates running for City Council notwithstanding where the candidate or voters live in the City. Following the November 2014 election, the City's voters adopted Measures Land M, which were amendments to the City's Charter. 200 S. Anaheim Blvd., Suite 356 Anaheim, CA TEL (714) FAX (714) Measure L changed the City from an at large electoral system to a "by district" electoral system with respect to electing City Council members other than the Mayor, commencing with the November 2016 elections. A "by district" electoral system is one where City Council candidates must live in a specific geographic district and must be elected by only the voters in that district. This is similar to the way we elect members 0 f the state legislature. Thus, starting in 2016, Council members other than the Mayor will be elected by district; the Mayor will continue to be elected at large. ITEM NO. 05

22 Charter Review Committee Members May 12, 2015 Page 2 Measure M increased the size of the City Council from five (four plus the Mayor) to a total of seven (six elected by district plus the Mayor elected at large). Measure M requires that 4 City Council seats be up for election in November of 2016 consisting of two existing Council seats and two newly created seats. Following this election, one of the four Council members elected will be randomly selected by casting of lots to serve a shorter 2-year term; the remaining Council member elected at that time will serve 4-year terms. This was done to transition from an increase in the size of the Council so that half the City Council seats (other than the Mayor) are on the ballot every two years. 1. Nature of Assignment. Your role is defined by City Council Resolution No , which created this Committee. See Attachment 1. The jurisdiction of the Committee is summarized in Section 5 of the resolution. Generally speaking, the Committee's sole purpose is to assist in the development of district maps, and to recommend district maps for adoption by the City Council. If requested by a Council member or the City Council, the Committee must consider such matters as specifically requested by the Council member or City Council; such matters may include, but are not limited to, particular focus on specific lawful districting criteria, communities of interest and a transition plan from at-large to district elections. 2. Brown Act "Legislative Body." As provided by Resolution No , the Committee is required to comply with the state's open meetings law, the Ralph M. Brown Act (the "Brown Act"). Staff will assist in achieving compliance, primarily by making sure that proper noticing and agendizing 0 f meeting topics occurs. Additionally, City staff will have meeting agenda published in Spanish, Korean, Vietnamese, and Chinese. Most important to the Committee and individual Committee members are the following concepts that are required by the Brown Act: Open and Public: All Committee business, unless subject to an exception of the Act, must be open and public. (Govt. Code 54953(a).) "Meeting": The business of the Committee can only be conducted in noticed and public "meetings." You may not meet (including telephonically or by electronic means, including by or text message) privately with a quorum or more of the Committee (i.e., 3 or more) to address the business of the Committee outside of the context of an open and noticed public meeting. Additionally, it is impermissible for less than a quorum (2 members) to meet or discuss a topic if the discussion is then conveyed to others on the Committee (this is known as a "serial meeting" or "daisy-chain meeting"). Agenda Requirement: Subject to limited exceptions for "emergencies" the Committee may only address issues that fall within its published agenda. (Govt. Code (a).) However, the Brown Act allows Committee members or its staff to briefly respond to statements made or questions posed by persons exercising their public testimony rights,

23 Charter Review Committee Members May 12, 2015 Page 3 may ask Committee staff a question for clarification, or may make a brief announcement or report on his or her own activities. (Govt. Code ) A brief presentation on the Brown Act will be provided at the initial meeting. 3. Municipal Code - Conflicts ofinterest. As a Committee member, our City Municipal Code imposes obligations regarding conflicts of interest, which are based on a defined set of "financial interests." While I want to raise the concept of conflicts of interest with you, given the purpose of this Committee and its limited jurisdiction, it is highly likely that none of you will have any conflicts of interest that require your disclosure and recusal. The City's Municipal Code provides that advisory bodies, such as the Committee are subject to the state's disclosure and recusal rules if you have a conflict of interest. As an appointee to the Commission, you are a "public official" and the Municipal Code state that you may not "make, participate in making, or in any way attempt to use... [your] official position to influence a governmental decision in which.. [you] know[] or [have] reason to know... [you have] a fmancial interest." (See Anaheim Mun. Code ; Gov't Code See also 2 Cal. Code Regs , ) What this code provision means in basic terms is that if you have afinancial interest (examples include your employer, certain investments, real estate, those giving you gifts) and it is reasonably foreseeable the financial interest may be materially affected (for example by increasing or decreasing the value of property, or providing a financial benefit or detriment to your employer) by an action you take on the Committee (for example by voting, discussing or instructing staft), then you must publicly disclose that interest and then recuse yourself from all participation on that issue as a Committee member. It is important to note that "fmancial interests" include spousal or domestic partner income and investments. See Govt. Code 82030(a), If you have an economic interest that you believe may impact your consideration of specific district boundaries it is best to ascertain that in advance and you have several options to assist you. The Fair Political Practices Commission has a toll-free line to answer questions ( ASK-FPPC); this line is staffed by state ethics consultants who can give you informal advice. Finally, you can also consider speaking with your own lawyer or the City Attorney. Please see the note below in Section 5 regarding seeking advice from the City Attorney. 4. Public Records Issues. The Committee is a body of the City. As a result, all of the records owned and maintained by the City relating to the Committee are "public" unless they fall within limited exceptions. Records subject to disclosure include any s owned or maintained by the City that pertain to your role on the Committee. As such, treat the records (including ) you receive and generate carefully. A good rule is to not say anything in an or document that you do not want to see

24 Charter Review Committee Members May 12, 2015 Page 4 on the front page of the newspaper. For the most part the City Clerk and other City staff will be responsible for maintaining public records and addressing public records issues, but you need to be sensitive to the issue. you send or receive from personal addresses that relate to the official business of this Committee should be maintained and sent to the City Clerk for archiving. Currently, the California Supreme Court has granted review on the issue of whether sent and received on private devices to private addresses constitute public records; the appellate court in that matter concluded such transmittals were not public records. 5. The City Attorneys Office & Attorney - Client Communications. The City Attorneys Office serves as the attorney of a municipal corporation, the City of Anaheim, and is not the attorney for any individual officer, employee, elected official or appointed official. In the simplest terms, the City Attorneys Office's "client" is the City as an institution and the office owes its ethical and professional duties to the entity, not any person. See Cal. Rules of Prof. Conduct, Rule This has several very important ramifications, of which you should be aware. First, the City Attorneys Office represents the City "acting through its highest authorized officer... [or) body... overseeing the particular engagement." Id. at Rule 3-600(A). As a result, individual appointed officials such as Committee members do not enjoy an attorney-client relationship with the City Attorneys Office except to the extent the advice relates to the specific jurisdiction of the Committee. In addition, the "highest body" to which the City Attorney reports is the City Council and, administratively, to the City Manager. This means that any conversations we have with individual Committee members that relate to your service on the Committee, while subject to an attorney-client relationship, are also subject to disclosure to the highest authorized officer or body (the City Council and/or City Manager). Second, if you seek advice from the City Attorneys Office on a matter relating to your service on the Committee that you decide not to follow, and which we believe may expose the City to liability, we have an ethical duty to advise the City Council and/or City Manager of our concerns. Third, you may not disclose or discuss with any third party any communication or advice given by this office that is given to you. However, any information provided to us is disclosable to the City as noted above and may be waived by the City Council since the City is the holder of the attorneyclient privilege. CAO-I08914vl

25 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, CREATING AN ADVISORY COMMITTEE ON ELECTORAL DISTRICTS COMPOSED OF RETIRED JUDGES, ESTABLISHING THE RULES AND PROCEDURES GOVERNING THE COMMITTEE AND ESTABLISHING A PROCESS FOR THE DRAWING OF CITY COUNCIL DISTRICTS WHEREAS, at the November 2014 election the voters of the City of Anaheim approved Measure L, consisting of amendments to the Anaheim City Charter requiring that, commencing with the November 2016 general municipal election, City Council members be elected by single-member districts rather than at-large. As a result, beginning with the 2016 election, City Council members must live in and be elected from a geographic district, only by voters of that district; and WHEREAS, at the November 2014 election the voters of the City of Anaheim approved Measure M, consisting of amendments to the City Charter requiring that, commencing with the November 2016 general municipal election, the size of the Council increase from four members to six members, plus a Mayor. The Mayor will continue to be elected at-large; and WHEREAS, pursuant to that certain Settlement Agreement and General Release of Claims (as amended) between the City and certain individual plaintiffs in the case entitled Moreno et al. v. City of Anaheim, the City agreed to create an advisory committee to assist in the development and recommendation of district maps for adoption by the City Council. Upon Council approval, these district maps would be used commencing with the 2016 City Council elections under the "by district" electoral system; and WHEREAS, pursuant to the Settlement Agreement, it is preferred that the advisory committee be comprised of either three or five (with preference for five) retired judges who served on the Orange County Superior Court and are registered voters in Orange County. The Settlement Agreement further provides that in the event that one or more retired judges are voters of Anaheim, then preference would be given to these individuals. Any remaining committee members would be selected by random draw; and WHEREAS, in connection with the preference expressed in the Settlement Agreement to create an advisory committee consisting of retired judges that have served on the Orange County Superior Court, the City Attorney's Office engaged in research of and outreach to retired judges meeting the requirements of the Settlement Agreement. Through this outreach process, the City received applications from retired judges sufficient in number to permit the use of an advisory committee composed of retired judges; and WHEREAS, the City of Anaheim seeks to promote the participation of the City's voters, residents, community groups, businesses and other stakeholders in the City's process to establish City Council district maps for use commencing with the November 2016 election; and

26 WHEREAS, to provide adequate time for candidates and the public to consider the district maps prior to the filing period for the November 2016 general municipal election, the Council directed that the advisory committee process be promptly established and completed so that the City Council could consider Council district maps prior to the end of 20 15, if reasonably possible; and WHEREAS, following a notice, inquiry and outreach process to retired judges that served on the Orange County Superior Court, applications from 14 retired Orange County Superior Court judges were submitted expressing willingness to serve as members to the advisory committee. Of those submitting applications, one person was determined to be a resident and voter of Anaheim and the remaining applicants have stated they are registered voters in Orange County, as required by the Settlement Agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. Committee Creation. There is hereby established the City of Anaheim Advisory Committee on Electoral Districts ("Committee"). The Committee shall consist of five voting members who are retired judges that served on the Orange County Superior Court. The Committee is an advisory body to the City Council, solely created for the purposes identified in Section 5 of this Resolution. 2. Appointments to Committee and Replacements. Based on the applications submitted by interested retired judges meeting the qualifications described above and in the Settlement Agreement, the following individuals are hereby appointed to the Committee: Justice Edward Wallin (an Anaheim resident and registered voter), Judge James Jackman Judge steven Sundvold Judge Thanas Thrasber and Jnsbce Nancy Wjeben Stock, with the latter four persons being appointed pursuant to random draw at the Council meeting at which this Resolution is approved. In addition, the following two retired judges are selected based on random draw (without further need for action or ratification of the City Council) as replacements who shall serve as members of the Committee if, and only if, there is a vacancy on the Committee: Judge James Alfano and Judge David Brickner. The aforementioned replacements shall be deemed appointed automatically upon a vacancy in the order listed, so long as such persons remain willing to serve. Any further need to fill vacancies arising on the Committee shall be made by random draw from the remaining pool of eligible applicants who filed applications to serve on the Committee. In the event that vacancies cannot be filled due to a lack of interest by eligible applicants who filed applications, then the Committee may continue to meet and perform its duties, without further need to select replacements, so long as three persons remain members. The terms "eligible applicant" or "eligible" as used in this Resolution shall mean as determined either by City staff or the City Council, subject to the requirements of the Settlement Agreement, and City Staff or the City Council may seek additional applicants as deemed necessary.

27 3. Committee Vacancies. Committee members serve at the pleasure of the Council. If a Committee member resigns from the Committee, fails to attend sufficient meetings as set forth in City policies, or is removed by the City Council, then replacements shall be made pursuant to the process established in Section Committee Makeup. Committee members must, at all times during their service on the Committee, be registered voters of Orange County. Persons who are appointed have, at the time oftheir appointment filed a written declaration with the City Clerk stating that they will not seek election to a by-district seat on the City Council in 2016 or Committee Jurisdiction & Criteria for Action on Maps. The Committee's sole and exclusive purpose and jurisdiction shall be to assist in the development of district maps to recommend for adoption by the City Council for use commencing with the 2016 City Council elections and such other ancillary matters as the City Council may direct. The Committee shall take input from the public. The Committee shall recommend district maps that it believes, based on testimony submitted from the public and in reliance on advice from professional staff and counsel, are compliant with applicable state and federal law. The Committee shall, if requested by a Councilmember or the City Council, consider such matters as specifically requested by the Councilmember or City Council; such matters may include if directed, but are not limited to, particular focus on specific lawful districting criteria, communities of interest and a transition plan from at-large to district elections. 6. Committee Recommendations and Final Report. The Committee's recommendation(s) shall be delivered in a written final report to the City Council by no later than October 6,2015, or through such other means and on such other dates as shall be set by the City Council. The final report does not need to be unanimously approved. The final report shall offer one or more recommended district maps for adoption by the City Council. The final report containing the Committee's recommendations shall thereafter be discussed by the City Council at upcoming meetings, which shall include public hearings as required by law. Pursuant to Charter Section 500.1, the City Council retains discretion to modify, reject or approve any Committee recommendations and to propose and ultimately approve district maps. 7. Committee Staff and Consultants. To assist the Committee, the City's staff and City's consultants are authorized and directed to provide logistical and legal support, community outreach assistance, and all necessary information to the Committee regarding the Committee's jurisdiction described in Section 5 above. Thc Committce will be staffed by the offices of the City Manager, City Attorney (through outside counsel) and City Clerk (including demographic consulting staff). 8. Committee Meeting Dates/Timcs. To encourage public input and access, the Committee will meet an average oftwice a month during the months of May through September, 2015 and may meet as desired by the Committee (or directed by the Council) at other times prior to its termination. The times and dates of Committee meetings shall be determined by the Committee. Committee meetings may occur at City Hall and at other locations in the City, to afford community involvement.

28 9. Subcomittees. The Committee may create and assign tasks to subcommittees composed solely of Committee members and have those subcommittees report to the full Committee. 10. Automatic Termination of Committee. The Committee shall automatically terminate thirty (30) days after delivery of the final report to the City Council, unless otherwise extended by the City Council pursuant to resolution or motion. 11. Open Meetings, Applicable Rules, Website. The Committee and its members shall be governed by the Ralph M. Brown Act (Cal. Gov1. Code et seq.), the Anaheim Municipal Code (including, without limitation, with respect to conflicts of interest) and all other applicable laws. Committee meetings shall be open to the public, recorded, and available for viewing at 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, as well as proposed maps and other matters related to the Committee and the process of establishing City Council district boundaries. Required public notices and agenda (but not agenda material) ofthe Committee will be translated into Spanish, Chinese, Korean and Vietnamese. 12. Committee Chair, Procedural Rules. The Committee shall appoint a chairperson to preside over the meetings of the Committee. 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. 13. Reimbursement for Expenses. Committee members shall serve without compensation but shall be reimbursed for necessary and approved travel and expenses incurred in the performance of their duties in accordance with Council policy. [Resolution continued on next page.)

29 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of Apri.J , hy the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mayor Tai t and Council Members Kring, Murray, Brandman and Vanderbilt None None None Tom Tail, Mayor ATTEST: ~:QlCMC vl

30 Summary of Rules of Order The following is a summary in bullet-point format of how simple rules of order can be used in a committee setting. It is not meant to be a set of comprehensive rules that contemplate every procedural situation. Perhaps the most practical "rule of order" to keep in mind for a body like the Advisory Committee on Electoral Districts is that less procedure is better so long as all members are treated fairly and equally. It likely is not necessary to be overly procedural given the nature of the Committee's business. There is one very important point to keep in mind: Except for certain procedural rules required by the Brown Act (for instance limits on discussing items not appearing on an agenda), a deliberative body is entitled to both adopt and suspend rules of procedure. Usually, a rule is "suspended" by making a motion to suspend the applicable rule and usually a supermajority vote (for example 2/3) must affirmatively support the motion to suspend. Additionally, the Chair of a body normally acts as the body's "presiding officer." The presiding officer runs the meeting and must recognize speakers in order for the speaker to have the floor (there are limited exceptions where a member of the body can interrupt a speaker). The presiding officer has a duty to be fair to the members of the body and (1) can usually be changed at any time by the deliberative body and (2) his or her ruling on a procedural question can be appealed to the entire body for affirmation or overruling (usually by majority vote). Sometimes, a body appoints a parliamentarian. This role is frequently played by the City Attorney or legal advisor. It is important to keep in mind that the Chair may agree or decline to take the parliamentarian's advice (as may the body, or the body may appeal the Chair's decision as noted above). With those general principles in mind, here is a basic procedural summary: Quorum: The minimum number of members necessary to transact business is a majority of the full body's membership (here 5, so quorum would be 3). Chairperson (presiding officer): Usually selected at the first meeting by the body. Majority vote required. A Chair can be changed. Obtaining the Floor: Requires recognition of the Chair. The Chair is required to recognize any member who seeks the floor when entitled to do so. Motions: A motion is a request that the body take an action. Motions usually require a "second". Following a second, the Chair usually opens the issue for discussion. Usually the moving party may speak first. Following discussion, the Chair (or any other member) may call for a vote. o Subsidiary Motions: Some motions "take precedence" over a main motion. These are called "subsidiary motions". The relative "importance" of subsidiary motions are declining (meaning that a higher priority subsidiary motion takes priority over a lower priority motion) as follows from most priority to least priority: Adjournment, recess, questions of privilege, appeal, dividing a motion,

31 points of order, suspending rules, rescinding a motion, reconsidering a motion, tabling a motion, moving the question, limiting debate, postponing to a time certain, referring to committee, amending, postponing indefinitely. Voting: Unless some other rule of procedure (or law) requires a greater vote, typically, a majority of the quorum present is required to adopt a procedural motion. However, we would recommend that substantive actions or motions (for instance to take a position on a particular district map) should be approved by at least majority of the body (i.e., at least 3). Ties generally result in a motion failing. Proxy voting is never allowed. Typically, if a member of the body abstains, the vote is not counted. We hope this brief memorandum is helpful in guiding you in the important task of participating in the Committee. CAO-96406

32 Council District Mapping Advisory Committee on Electoral Districts May 12,

33 Measures L & M Voters approved measures L and M in 2014 M increases the size of the City Council from 5 to 7 L changes the electoral method to 6 members elected from single member districts

34 Rules for Districting 3

35 Rules: Federal Laws US Constitution: Equal Population According to Section of the State Elections Code, the districts shall be as nearly equal in population as may be according to the latest federal decennial census Total population: not voting age population, citizens, or voters Federal Law: The Federal Voting Rights Act Section 2 Ensure equal power to elect candidates of choice Section 5 No retrogression (Not applicable to Anaheim) No racial gerrymandering 4

36 Rules: State Laws California Elections Code: Section 21620: The districts shall be as nearly equal in population as may be according to the latest federal decennial census In establishing the boundaries of the districts, Council may give consideration to the following factors: (a) Topography, (b) Geography, (c) Cohesiveness, contiguity, integrity, and compactness of territory, and (d) Community of interests of the districts. 5

37 Traditional Criteria Reasons identified and approved by the US Supreme Court as justifiable reasons for small population deviations: Communities of interest Follow Visible (Natural & man-made) boundaries Make it easy for residents of a district to understand its borders (and to engage their neighbors in precinct walking or other election activities) Compactness & contiguity Also makes it easier for voters to understand their district s borders. Population growth Providing voters the opportunity to retain their elected representatives, if they choose 6

38 City Demographics 7

39 City Population 2010 Census Data Total Population: 336,265 Hispanic: 52.8% Non-Hispanic White: 27.5% Non-Hispanic Asian: 15.5% Other: 4.3% Voting Age Population: 244,348 Hispanic: 47% Non-Hispanic White: 31.9% Non-Hispanic Asian: 16.8% Other: 4.3% Citizen Voting Age Pop (CVAP) (Special Tabulation): 181,579 Hispanic: 34.7% Non-Hispanic White: 42.3% Non-Hispanic Asian: 17.6% Other: 5.3% 8

40 City Demographics 74.5% have a High School Diploma/GED 24.3% have a college degree and 7.2% have a higher degree 51.4% of families have a child under 18 at home 4.2% of workers take public transit (but 12.5% carpool) 18.6% of households have incomes under $25k Exactly half of all households are renters (the other half are owners) 9

41 Hispanic Citizen Voting Age Population Percenr Larino CVAP Under 20% 20% - 40%. 40% -60%. 60% -SO% Abo"eSO% No Population Map prepared 5/ 1/2015 b\' u8tin Le"iu 10

42 Hispanic Citizen Voting Age Population I~ " I' Percent Larino CVAP Under 20% 20% 40%. 40% -60% ~~~"'''',fo,"" w~. 60% 80% Abo"e80% No Population 11

43 Non-Hispanic White Citizen Voting Age Population P ercent N H W CVAP Under 20% 20% - 40%. 40% -60%. 60% -80% Abo"e80% 12

44 Non-Hispanic White Citizen Voting Age Population I~ " I' P ercent N H W CVAP Under 20% 20% - 40%. 40% -60% t.:-~~~:::''lii' "",j' '''"~. 60% - 80% Abo"e80% No Population 13

45 Asian Citizen Voting Age Population Percenf Asian CVAP Under 10% 10% 20%. 20%.30%. 30%. 40% Aba"", 40% 14

46 Asian Citizen Voting Age Population 15 UO!I,,[ndo J on ""-I % O~ "Iooe. OOM l? 'I ~O"",;"', '.,oqv _ I %0( - %0 (:. %0 (: ' %Ot %Ot upun dva:> UC!sy lu;);)j;)d ~ I ~ I, I Ii o~ 1 j~.,.~~ I-"'QII'~~~".~~!,,,o~t'l \ ~ " \, 1~~~""'1~'I" o, \,.1 II

47 Percent High School Graduates Percent H S Grad Under40% 40% - 60%. 60% -75%. 75% -90% _ Over90% 16

48 Percent of Households Earning Under $25k Households <$25k/yr Under 200;. 200; ;. _ 400;. -600;. _ 600;. -800;. _ Ovcr800;. No Population 17

49 Percent Speaking English Less Than Very Well Under 10% 10% - 20%. 20% - 30% _ 30% - 40% Over 40% Learners No Population 18

50 Percent Using Public Transit Public Transit Use U"der 2.5% 2.5% - 5%. 5%- 7.5%. 7.5% -10% O" cr IO% 19

51 Percent Renters P e rcen t R e nte r s Under 20% 20% - 40% _ 40% -60%. 60% -80%. Ovcr80% No Population Map pr~pa r~ d 5/ 1/2015 b\' ustin Lt\'iu 20

52 Districting Process and Public Input 21

53 Council District Mapping Process 1. 1 st round of Public Meetings Purpose to get input on communities of interest and understand the issues here in Anaheim Meetings held throughout the city Consider holding at least one meeting on a Saturday 2. Draft proposals released 2-3 options based on public feedback/testimony All proposals submitted by members of the public also available 3. 2 nd Round of Public Meetings Debate draft proposals and make changes as needed based on feedback/testimony Consider holding at least one meeting on a Saturday Commission may make a recommendation to the Council on what plan(s) to adopt 4. Council Consideration and Approval Council must hold at least three public hearings 5. First election in new districts 22

54 Public Input is Vital Define your community of interest To be drawn into a map, we need geographic boundaries of the community Share your opinions about proposed district lines 23

55 Additional Opportunities for Input Speak during public comment periods Send a letter or an Draw your own district: Draw your neighborhood or community of interest on the maps here tonight Whatever input you can provide is encouraged Draw using the Public Participation Kits Available on as an interactive Excel spreadsheet or printed tonight 24

56 We Want to Hear from You! For more information, please visit: Telephone: (714) Mail: Office of the City Clerk Attn: District Mapping City of Anaheim 200 S. Anaheim Blvd. #271 Anaheim, CA 92805

57 City of Anaheim OFFICE OF THE CITY CLERK Date: May 8, 2015 To: From: Subject: Advisory Committee on Electoral Districts Linda N. Andal, City Clerk Item No. 7 Outreach Plan On April 7, 2015, the Anaheim City Council approved Resolution No which provided that public input and access to community meetings is encouraged. To present opportunities for the greatest level of transparency and public participation, staff is working with a public relations firm, Ames and Associates, to develop a comprehensive Community Outreach Plan. The city values our community s input and we recognize that public attendance and participation at district meetings will be instrumental in shaping Anaheim s future. This is a historic milestone, one that residents should partake and have an opportunity to be heard and submit their suggestions, including submitting draft boundary maps. To achieve participation for this committee meeting, a number of efforts have already occurred, which include at least the following: a press release; social media (Facebook and Twitter); E-postcard in Spanish and English (additional languages upon request) this tool was used to send meeting information to identified community leaders/groups (grassroots effort) as a means to easily pass forward information; Fast Facts, a one page fact sheet of the most significant information (2-sided document: Spanish and English); internal stakeholders meetings to identify key messages and branding; and a dedicated webpage ( that provides webpage translation in Spanish, Korean, Vietnamese and Chinese. It further includes a wealth of information such as meeting agendas, Public Participation Toolkit for district boundary drawing, FAQs, related documents/resources and much more. In our continual effort to ensure optimal outreach, we will continue to identify marketing mediums to reach our community and stakeholders (Anaheim residents, Anaheim businesses, non-profit organization, churches, faith-based groups and community groups, and policy makers). In addition to the aforementioned, we also intend to create at the minimum, the following: a Public Service Announcement for the city s webpage, ACTV3 and other outlets, direct mail inserts (utility bill), Anaheim Anytime, and ads in the Anaheim Magazine. Staff is open to any other methods of communication the Committee wishes to direct. Anaheim City Hall 200 S. Anaheim Blvd. Anaheim, CA TEL: FAX:

58 City of Anaheim OFFICE OF THE CITY CLERK Date: May 8, 2015 To: From: Subject: Advisory Committee on Electoral Districts Linda N. Andal, City Clerk Item No. 8 - Proposed Committee Meeting Calendar On April 7, 2015, the Anaheim City Council approved Resolution No appointing a five (5) member committee composed of retired judges of the Orange County Superior Court to serve as the Advisory Committee on Electoral Districts. The resolution further provides that the Committee shall hold at least two (2) public meetings each month and file a written report to the City Council by October 6, 2015, recommending one or more district maps. Attached are three (3) proposed Committee meeting calendars for meetings to be held from May through September The proposed dates were selected based on the availability of the City Council Chambers and to secure regular scheduled meetings as a means to increase the likelihood of community attendance. The first calendar provides the Committee with Wednesday meeting dates occurring on the first and third Wednesday of each month, except the month of May and where Saturday meeting dates are proposed (Attachment A). The second calendar provides dates for the Committee to meet on the second and fourth Wednesday of each month, except where Saturday meeting dates are proposed (Attachment B). Finally, the third calendar provides meeting dates on the first and third Thursday of each month, except the month of May and where Saturday meeting dates are proposed (Attachment C). Each calendar proposes at least three Saturdays to afford greater community involvement. The Committee may also wish to direct staff to identify city facilities to hold its Saturday meetings at other locations throughout the City; suggested locations are attached (Attachment D) (East, West and South District; Council Chambers is located in Central Anaheim). The Committee has the authority to schedule additional meetings or amend the meeting calendar at any time. All weekday meetings will begin at 6:00 p.m., unless otherwise noticed by the City Clerk or amended by a majority of the Committee. Should the Committee agree to Saturday offsite meetings, staff will secure the meeting locations and return to the Committee with specific locations and start time, based on availability. A districting webpage has been created and will be dedicated to providing agenda materials and other related information ( Each Committee meeting held in the City Council Chambers will be recorded (video/audio) and made available on the City s dedicated districting webpage, as well as ACTV3. A Spanish interpreter will be present at all committee meetings and each agenda will be translated into Spanish, Vietnamese, Chinese, and Korean. Meetings held offsite will have an audio recording, at the minimum. Anaheim City Hall 200 S. Anaheim Blvd. Anaheim, CA TEL: FAX:

59 Attachment A Proposed Meeting Calendar 1st and 3rd Wednesdays and Saturdays SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT May June July SUN TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT MON August September October *** The Committee's final report is due to the City Council no later than October 6, Delineates Proposed Meeting Delineates Council Meeting Delineates Neighborhood Council Meetings Delineates Holiday Approved:

60 Attachment B Proposed Meeting Calendar 2nd and 4th Wednesday and Saturdays SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT 24 May June July SUN TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT MON August September October *** The Committee's final report is due to the City Council no later than October 6, Delineates Proposed Meeting Delineates Council Meeting Delineates Neighborhood Council Meeting Delineates Holiday Approved:

61 Attachment C Proposed Meeting Calendar 1st and 3rd Thursdays and Saturdays SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT May June July SUN TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT MON August September October *** The Committee's final report is due to the City Council no later than October 6, Delineates Proposed Meeting Delineates Council Meeting Delineates Neighborhood Council Meetings Delineates Holiday Approved:

62 ATTACHMENT D PROPOSED MEETING LOCATIONS Miraloma Park and Family Resource Center East Anaheim Community Center Anaheim Council Chambers West Anaheim Youth Center Haskett Library Euclid Library Paul Revere Elementary Ponderosa Library East: Miraloma Park; E. Anaheim Comm. Center South: Paul Revere; Ponderosa Library West: W. Anaheim Youth Center; Haskett Library; Euclid LIbrary