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RES-2013-038 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. 2012 -090, 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. 1. There is hereby established the City of Anaheim Citizens Advisory Committee on Elections and Community Involvement ( "Committee "). 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's term, 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. 3. 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. 4. 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 at -large 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 runoff 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 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. 5. 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.anaheim.net. 6. 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 in elections; (4) the estimated cost associated with various options; and (5) any other information or materials which are relevant to the tasks assigned 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. 7. To encourage public input and access, the Committee shall meet monthly at a minimum and hold multiple meetings in different areas of the City. The Committee is also encouraged to solicit ideas and suggestions from the Secretary of State, County Registrar, and local school districts, as well as from Anaheim's elected state and federal officials. 8. The Committee may assign tasks to subcommittees it creates and have those subcommittees report to the full Committee. 9. The Committee shall terminate its existence thirty (30) days after it reports to the 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. 10. 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's members, the City Council shall set an initial meeting of the Committee, in accordance with the Brown Act, at a time and place convenient to the Committee's members for the purpose of organizing itself and establishing 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. 11. 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. 2012 -090 be, and the same is hereby, rescinded. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of March , 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Brandman, Murray and Kring NOES: None ABSENT: None ABSTAIN: None Tom Tait, Mayor APPROVED AS TO FORM: ATTEST: Michael Houston, Interim City Atto - Linda Ana y Clerk • Alb By: I By: 93956