HomeMy WebLinkAbout04. Next steps in completing the process of establishing division-based elections Page 1 of 2 Item 4. CENTRALSAN SANITARYjdf A- hom CENTRAL CONTRA COSTA , . November 4, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: MARGUERITE M. LEONI, SPECIAL COUNSEL, NIELSEN MERKSAMER REVIEWED BY: KENTON L. ALM, ESQ., DISTRICT COUNSEL ROGER S. BAILEY GENERAL MANAGER SUBJECT: NEXT STEPS IN COMPLETING THE PROCESS OF ESTABLISHING BY- DIVISION ELECTIONS PURSUANT TO ELECTIONS CODE SECTIONS 10010 AND 10650 On August 20, 2020, the Board of Directors passed Resolution No. 2020-029 declaring its intention to transition from an at-large electoral system to a by-division electoral system and adopting a tentative calendar of public hearings and other actions to accomplish the change in accordance with California Elections Code section 10010(a). On September 3 and 21, 2020, the Board held public hearings where the public was invited to provide input regarding the composition of the Director Divisions before any draft maps were drawn. On October 7, 2020, the District published five draft Director Division maps prepared by its demographic consultant, Draft Maps 101, 102a & 102b, and 103a & 103b, and a proposed sequencing of elections in each draft map. On October 14, 2020, a public hearing was held where the public was invited to provide input regarding the content of the draft maps that had been published, and the proposed sequence of elections. After this public hearing, the Board of Directors requested a modification of Draft Map 103b, which was prepared by the District's demographic consultant and posted to the District's website as Draft Map 103c on October 28, 2020. All draft maps satisfy all currently applicable legal criteria. All maps have been published with a proposed sequencing of elections of the Director Divisions. November 4, 2020 will be the fourth public hearing pursuant to Elections Code Section 10010(a)(2). A fifth public hearing has been scheduled for November 16, 2020. November 17, 2020 has been reserved for an additional public hearing, if required. It is anticipated that the Board of Directors will adopt a resolution implementing by-division elections and an interim by-division map on November 16 or 17, 2020. After the close of the public hearing on November 4, 2020, it would be appropriate for the Board to consider the following actions: November 4, 2020 Special Board Meeting Agenda Packet- Page 33 of 34 Page 2 of 2 Possible Action Regarding the Draft Maps 1. Eliminate from consideration maps not supported by any Board Member. 2. Discuss the maps remaining under consideration. 3a. On November 4, by motion identify a draft map as favored for adoption on November 16, 2020; OR 3b. By motion, instruct the District's demographer to modify an existing draft map; AND/OR 3c. By motion, instruct the District's demographer to create an entirely new map. 4. Schedule an additional public hearing for November 17, 2020 on any modified or new draft maps. 5. Modified or new draft maps pursuant to Steps 3b & 3c must be published on or before November 9, 2020. 6. Modified or new draft maps (Steps 3b & 3c)will be considered at a public hearing on November 16, 2020. 7. On November 16, by motion, identify a draft map as favored for adoption on November 17, 2020. Action Regarding Sequencing of Elections in 2022 or 2024 8. Discuss proposed sequencing published with map identified as favored in Step 3a or Step 7. 9. By motion, determine the final sequencing in the map identified as favored in Step 3a or Step 7. Final Action Under Elections Code Section 10010 10. Pass a resolution changing the District's electoral system from at-large to a by-division system commencing with the Board elections in November 2022. The 90-day"safe-harbor" from litigation under Elections Code section 10010(e) expires on November 18, 2020. The Board, however, does not lose jurisdiction to continue the process of considering draft maps for adoption thereafter. All six draft maps are attached to Item 3 of this agenda. November 4, 2020 Special Board Meeting Agenda Packet- Page 34 of 34