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HomeMy WebLinkAbout01.b. Approve minutes of special meeting held 09-21-20 Page 1 of 7 Item 1.b. CENTRALSAN SANITARYjdf A- hom CENTRAL CONTRA COSTA , . October 1, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARY OF THE DISTRICT SUBJECT: SEPTEMBER 21, 2020 SPECIAL BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1. Draft Minutes of 09-21-20 Special meeting October 1, 2020 Regular Board Meeting Agenda Packet- Page 16 of 104 Page 2 of 7 CENTRAL SAN CENTRAL •NTRA COSTA SANITARY DISTRICT 5019 • MINUTES* BOARD OF DIRECTORS: MICHAEL R.MCGILL President SPECIAL BOARD MEETING TAD J PILECKI Multi-Purpose Room President Pro Tent Monday, September 21, 2020 PAUL H.CAUSEY s:oo p.m. JAMES A.DRALY FT DAVID R. WILLIAMS Open Session — Multi-Purpose Room (Video recorded) NOTICE 1. In accordance with the Governor's Executive Order N-29-20, which suspended certain requirements of the Brown Act due to the ongoing COVID-19 pandemic, all Board Members participated in this meeting via teleconference. Members of the public were provided options to participate in the meeting as provided on the agenda. ROLL CALL A special meeting of the Board of Directors was called to order by President McGill at 6:00 p.m. Secretary of the District Katie Young called roll: PRESENT(via videoconference): Members: Causey, Nejedly, Pilecki, Williams, McGill ABSENT. Members: None PUBLIC HEARING PARTICIPATION 2. President McGill welcomed the attendees and explained that this was the second in a series of five public hearings to receive public input regarding the composition of potential electoral division boundaries as a result of the Board's decision at the August 20, 2020 meeting to transition to an area-based election system. He reiterated the ways that members of the public could participate in the live meeting. PUBLIC HEARING NO. 2 3. Receive presentation by demographer on the transition process from an at-large to a division-based election system and receive input from the community regarding These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. October 1, 2020 Regular Board Meeting Agenda Packet- Page 17 of 104 Page 3 of 7 CENTRAL CONTRA COSTA SANITARY DISTRICT September 21, 2020 Special Board Meeting Minutes— Page 2 boundaries and composition of divisions to be established for division-based elections pursuant to Elections Code Section 10010 After a brief introduction by General Manager Roger S. Bailey, Dr. Justin Levitt of National Demographics Corporation reviewed the presentation included with the agenda material. He concluded by stating that the demographer will provide at least three draft boundary maps for consideration at the next two public hearings scheduled for October 14 and November 4. President McGill offered each Board Member an opportunity to ask questions before the public hearing was opened. There being none, he opened the public hearing and asked Ms. Young if she had received any public comments. Ms. Young read aloud an email from Mr. Don Tatzin, a former member of the Lafayette City Council, strongly encouraging that the Lamorinda area be kept within one division. President McGill disclosed for the record that he considers Mr. Tatzin a friend, has served with him on the Contra Costa Local Agency Formation Commission (LAFCO), and occasionally works with him as a member of the Contra Costa Taxpayers Association and as constituents of Senator Steve Glazer. Dr. Scott Rafferty, a Walnut Creek resident who had given a presentation at the September 3, 2020 public hearing, asked to make a few additional public comments with respect to the creation of draft division maps. He expressed concern that the deadline for public submission of map drafts was so soon (October 1) because the first public hearing to review them was scheduled for October 14. Dr. Rafferty also provided some considerations related to boundary issues and stated that he does not consider race a big factor in the District. He would prefer to look at maps beforehand to identify patterns, such as internet penetration, income, etc. Given the size of Central San, he said it was more natural to look at block groups. He referenced an interactive map available at census.ca.gov, which has a section called "California's Hard-to-Count Interactive Map,"that he has found quite useful. In conclusion, Dr. Rafferty opined that he would try to address the Asian community in San Ramon, creating an open seat on the Board to create musical chairs for the rest of the Board Members, and look at other variables related to immigrant communities. President McGill thanked Dr. Rafferty for his comments and disclosed that he has worked with him on matters related to the Democratic Party of Contra Costa County and has periodically spoken informally with him. Dr. Levitt clarified the public hearing timeline, noting that there will be two public hearings to receive public input on the draft maps; they have been scheduled for October 14 and November 4. Draft maps will be posted to the District's website by October 7. October 1, 2020 Regular Board Meeting Agenda Packet- Page 18 of 104 Page 4 of 7 CENTRAL CONTRA COSTA SANITARY DISTRICT September 21, 2020 Special Board Meeting Minutes— Page 3 There being no further public comment, President McGill closed the public hearing. BOARD ACTION: Held the public hearing and received community input. OTHER BOARD ACTION ITEMS 4. General Board discussion on the public comment process for transitioning to division-based elections, and develop and provide direction to the demographer and staff on development of draft maps and future Board actions. Mr. Bailey spoke about the type of input the demographer would appreciate from Board Members toward the development of draft maps. Member Pilecki stated his understanding that the demographer would be developing at least three maps. He believed very strongly that one map should be drawn with each incumbent in a separate division. He also wanted an option that addressed the requests of the three individuals from Lamorinda to keep that area within a single division. In the interest of full disclosure, Member Causey stated that he and Dr. Rafferty attend the same church and have spoken at times. Member Causey stated that he did not necessarily believe each incumbent should be in a different division because it was not in keeping with the spirit of the California Voting Rights Act (CVRA). He said he would look at the websites mentioned by Dr. Rafferty before making any specific map suggestions. Member Williams noted that one of the issues that arose during the September 3 public hearing was the concept of moving forward with developing maps now, within the 90-day safe harbor period under the CVRA to avoid litigation, versus waiting until after the 2020 census data becomes available. Either way, the demographer must do the baseline work. Mr. Bailey concurred and stated that the estimated costs for adjusting the maps once the 2020 census data becomes available might not be as high as initially predicted. The primary cost in terms of the demographer is in setting up the initial frame worUbaseline data. Given the 90-day safe harbor period, Member Williams acknowledged there is limited time to develop the initial division map. However, adopting a map within that period, even though it will be redrawn once the new census data is available, will allow for a more measured process at that time. Member Williams opined that it seemed logical to have an option that would keep the Lamorinda area in a single division. He agreed that another map should be drawn to keep the incumbents in their separate divisions because it would honor the decisions made by voters in prior elections. Member Nejedly said he strongly opposed the transition from at-large to by-division elections. He understood the Board made a business decision, but no one has October 1, 2020 Regular Board Meeting Agenda Packet- Page 19 of 104 Page 5 of 7 CENTRAL CONTRA COSTA SANITARY DISTRICT September 21, 2020 Special Board Meeting Minutes— Page 4 stated whether the change will benefit Central San. The fact that several members of the public have requested that Lamorinda be its own division illustrates that each division will likely consider what is best for their division, not necessarily for Central San as a whole. He opined that this will be a travesty for Central San, as it has been for other municipalities and special districts forced to do this under the CVRA, especially when, to his knowledge, race issues have ever been raised with respect to Central San. President McGill said he predominantly agreed with Member Pilecki. Special Counsel Marguerite Leoni of Nielsen Merksamer stated that one of the traditional redistricting principles is avoiding pairing the incumbents, which is a form of incumbent protection that has been recognized as a legitimate consideration by the United States Supreme Court. The principle is to not unnecessarily foster competition among the incumbents because continuity of service on the Board and permitting the voters to decide who should lead the district may be in the best interest of the agency. The limitation is that you cannot elevate the principle of non- parity (1) above a higher principle of equal population, or(2) if the avoidance of pairing would impair the voting rights of the protected classes. Thus, within those limitations, nothing would preclude the non-discriminatory consideration of the residences of the incumbents in the drawing of division boundaries. President McGill noted that each year the Board appoints Board Members as liaisons to the County and cities within its service area and as representatives to various other agencies and organizations. He agreed with Member Nejedly from the standpoint that Central San is best served by all voters having an opportunity to vote for all board members because it provides the best representation. He also agreed it was wrong that Central San has been forced to make this change. Dr. Levitt said the degree of freedom given to the demographer to develop different map options was a Board decision. There is no one-size-fits-all approach. An obvious choice would be to develop a map roughly in keeping with city boundaries. He said if the demographer is given some flexibility, several different options will be developed. Member Pilecki said he would be in favor of moving forward with the two map options he mentioned earlier plus one or two more at the demographer's discretion because it will be easier for the public to provide input if tangible options are available. Member Causey expressed serious concern about the costs of undergoing the mapping process twice. He felt the bare minimum required under the law should be done at this time to keep costs as low as possible. Once the 2020 census data becomes available in 2021, a more meaningful public hearing process can occur. October 1, 2020 Regular Board Meeting Agenda Packet- Page 20 of 104 Page 6 of 7 CENTRAL CONTRA COSTA SANITARY DISTRICT September 21, 2020 Special Board Meeting Minutes— Page 5 Member Williams reinforced his support for the sentiments of his fellow Board Members by saying the District has demonstrated that it is well run with an excellent record of protecting the public health. Central San is financially sound and rates are at the mid-point. During his tenure, he has never seen a Board Member represent the interests of only a portion of the District because each looks at the District as a whole. However, the CVRA is very prescriptive, and the Board made a business decision to move to area-based elections. Fighting it would most likely be a losing battle and would be extremely costly. President McGill asked if any Board Member objected to Member Pilecki's suggestion to direct the demographer to develop two maps as identified and one or more additional maps of the demographer's choosing. Member Causey objected, saying he would limit the total number of maps to three. President McGill called for a motion, which Member Pilecki made based on his earlier suggestion, and Member Williams seconded. A brief discussion took place to clarify the motion during which Dr. Levitt said that, on average, the demographer comes up with three maps. He noted that developing additional maps can be done at no added cost. Member Causey said he would support the motion if it were limited to a maximum of three draft maps. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to direct the demographer to develop a minimum of three maps for the public's consideration and input at the upcoming public hearings on October 14 and November 4, 2020: one map reflecting voter preference of keeping each incumbent in a separate division; another map that would keep Lamorinda in its own division; and one or more others uniquely different from the first two options. Motion passed by the following roll call vote: AYES: Members: Pilecki, Williams, McGill NOES: Members: Causey, Nejedly ABSTAIN: Members: None Ms. Young announced that members of the public wishing to submit comments input for draft boundary maps, or submit their own proposed boundary maps, may email them to her at sod(a)centralsan.org. She will forward them to the demographer. ANNOUNCEMENTS None. October 1, 2020 Regular Board Meeting Agenda Packet- Page 21 of 104 Page 7 of 7 CENTRAL CONTRA COSTA SANITARY DISTRICT September 21, 2020 Special Board Meeting Minutes— Page 6 ADJOURNMENT The meeting was adjourned at 7:27 p.m. Michael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California October 1, 2020 Regular Board Meeting Agenda Packet- Page 22 of 104