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HomeMy WebLinkAbout04. Adopt resolution establishing by-division election system, final boundary map, and sequencing schedule Page 1 of 43 Item 4. CENTRALSAN SANITARYjdf A- hom CENTRAL CONTRA COSTA , . November 16, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: KENTON L.ALM, ESQ., DISTRICT COUNSEL MARGUERITE M. LEONI, SPECIAL COUNSEL, NIELSEN MERKSAMER REVIEWED BY: ROGER S. BAILEY, GENERAL MANAGER SUBJECT: HOLD DISCUSSION AND CONSIDER ADOPTING RESOLUTION NO. 2020- 053 ESTABLISHING CENTRAL SAN'S BY-DIVISION SYSTEM FOR ELECTING BOARD MEMBERS IN CONFORMANCE WITH THE CALIFORNIA VOTING RIGHTS ACT (CVRA), SELECTING A FINAL BY- DIVISION MAPANDAN ELECTION SEQUENCING SCHEDULE Attached are six draft resolutions, Options A through F, including three for each of the draft Maps 103b and 103c, each having a different option for election sequencing. It is anticipated that one of the resolutions may be adopted at this meeting. If no resolution is adopted at this meeting, the Board will hold a sixth public hearing on Tuesday, November 17, 2020 at 4:00 p.m., after which a final map is expected to be approved as well as the schedule of election sequencing. ATTACHMENTS: A. Proposed Resolution (Map 103b with original proposed sequence) B. Proposed Resolution (Map 103b with alternative sequence) C. Proposed Resolution (Map 103b with new proposed sequence) D. Proposed Resolution (Map 103c with original proposed sequence) E. Proposed Resolution (Map 103c with alternative sequence) F. Proposed Resolution (Map 103c with new proposed sequence) November 16, 2020 Special Board Meeting Agenda Packet- Page 21 of 63 Page 2 of 43 RESOLUTION NO. 2020-053 Option A RESOLUTION OF THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT CHANGING FROM AN AT-LARGE ELECTION SYSTEM TO A BY-DIVISION ELECTION SYSTEM FOR ELECTING MEMBERS OF THE BOARD OF DIRECTORS COMMENCING WITH THE BOARD ELECTIONS IN NOVEMBER 2022 WHEREAS, Central Contra Costa Sanitary District ("District") is a Sanitary District duly organized under the Sanitary District Act of 1923 (Health & Safety Code §§ 6400 - 6830) and governed by special legislation added by Stats. 1999, Ch. 696, Sec. 1 (Health & Safety Code §§ 6590 - 6595). WHEREAS, the District's Board of Directors is comprised of five Directors currently elected in "at-large" elections, in which each Director is elected by the registered voters of the entire District; in alternating even-numbered election years the District voters elect either two or three members to the Board of Directors by a plurality-win vote with the top vote-getters elected; and WHEREAS, on July 13, 2020, the District received a letter from attorney Kevin Shenkman of the law firm of Shenkman & Hughes, asserting that the District's at- large election system violates the California Voting Rights Act of 2001 ("CVRA") and threatening litigation if the District does not voluntarily change to a by- division election system for electing Directors; and WHEREAS, in a by-division election system, the District would be divided into sub-parts called "director divisions" for the purposes of conducting elections; voters in a division would vote once every four years and only for candidates who live in that division with the single top vote-getter in each division elected (see Health & Safety Code § 6591(b)); board seats for each of three divisions would be on the ballot in one election year; seats for each of the remaining two divisions would be on the ballot the next election year ("Health & Safety Code § 6591(b)); and WHEREAS, litigation to defend against an alleged violation of the CVRA is extraordinarily expensive and if the defendant loses, it is required to pay the plaintiff's reasonable attorneys' fees and expenses, which in most cases to date have been significantly over a million dollars; and WHEREAS, the California Legislature, in amendments to Elections Code section 10010 and enacting section 10650, has provided a process whereby a November 16, 2020 Special Board Meeting Agenda Packet- Page 22 of 63 Page 3 of 43 Resolution No. 2020-053 (Option B) Central Contra Costa Sanitary District Page 2 of 7 jurisdiction can change to a by-division election system and be protected from litigation under the CVRA (Elec. Code § 10010(e)); and WHEREAS, changing to a by-division electoral system pursuant to Elections Code section 10010 would avoid the extraordinary cost to defend against a CVRA lawsuit; and WHEREAS, the multi-hearing and notice process set forth in Elections Code section 10010 and other legal requirements do not permit the District to implement by-division elections at the November 3, 2020 elections for members of the District Board of Directors: and WHEREAS, the first general District election for members of the District Board of Directors at which a by-division electoral system could be used is November 8, 2022; and WHEREAS, the federal decennial Census is currently underway, and the results will be available to local jurisdictions in 2021; and WHEREAS, Health & Safety Code section 6592 may require the Board of Directors to adjust the boundaries of the election divisions before November 1, 2021; and WHEREAS, the District denies that its at-large system for electing Directors violates the CVRA or any other provision of law and asserts the District's election system is legal in all respects and further denies any wrongdoing in connection with the manner in which it has conducted its elections; and WHEREAS, despite the foregoing, the Board of Directors determined that the public interest would be best served by changing to a by-division election system to avoid the risks and costs of defending against a CVRA lawsuit; and WHEREAS, 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 in accordance with California Elections Code section 10010(a); and WHEREAS, Health & Safety Code section 6591, applicable only to the District, provides that the directors may be elected by-divisions if a majority of 2 November 16, 2020 Special Board Meeting Agenda Packet- Page 23 of 63 Page 4 of 43 Resolution No. 2020-053 (Option B) Central Contra Costa Sanitary District Page 3 of 7 the voters voting upon the question are in favor of the question at a general district or special election, and that the Board of Directors may adopt a resolution placing the question on the ballot, but Elections Code section 10650 would permit the Board of Directors to make the change to by-division elections without voter approval; and WHEREAS, on September 3, 2020 and September 21, 2020, pursuant to California Elections Code Section 10010(a)(1), 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; and WHEREAS, on October 7, 2020 the District made public five draft Director Division plans prepared by its demographic consultant, Draft Maps 101, 102a & 102b, and 103a and 103b, and a proposed sequencing of elections in each draft map, which were posted on the District's website at www.centralsan.org/elections; and WHEREAS, on October 14, 2020 and November 4, 2020, pursuant to California Elections Code Section 10010(a)(2), public hearings were held where the public was invited to provide input regarding the content of the draft maps that had been published at least seven (7) days before the meetings, and the proposed sequence of elections, and the Board considered and discussed the same; and WHEREAS, after the public hearing on October 14, 2020, 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; and WHEREAS, on November 4, 2020, after the public hearing, the Board of Directors narrowed its consideration to Maps 103b and 103c and requested that an alternative sequencing of elections be provided for these maps; and WHEREAS, draft maps 103b and 103c were republished on November 9, 2020 on the District's website with the original potential sequencing of elections and the alternative requested by the Board of Directors; and WHEREAS, on November 16, 2020, the Board of Directors held a fifth public hearing after which it selected Map 103b as the by-division electoral plan for the District and adopted the following sequence of elections published 3 November 16, 2020 Special Board Meeting Agenda Packet- Page 24 of 63 Page 5 of 43 Resolution No. 2020-053 (Option B) Central Contra Costa Sanitary District Page 4 of 7 therewith, to wit, Divisions 3 and 4 on the ballot in 2022, and Divisions 1, 2, and 5 on the ballot in 2024; and WHEREAS, the District engaged in public outreach and engagement as suggested by California Elections Code section 10010(a)(1); and WHEREAS, the Board of Directors will adjust the boundaries of the Director Divisions in accordance with Elections Code section 22000 and Health & Safety Code section 6592 upon receipt of the 2020 Census tabulations and in connection with that process, members of the public will have additional opportunities to comment on the configuration of the director divisions adopted in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT: SECTION 1. RECITALS ARE TRUE AND CORRECT. The above recitals are true and correct and form the basis of this Resolution. SECTION 2. PURPOSE AND AUTHORITY. The purpose of this Resolution is, pursuant to California Elections Code section 10010, to change the method for the election of members of the Board of Directors of the Central Contra Costa County Sanitary District from at-large to by-division in five (5) single-member divisions commencing with the 2022 elections for Board of Directors, and thereafter until changed in accordance with law. This Resolution is adopted pursuant to the District's authority under California Elections Code section 10010 and California Elections Code section 10650. SECTION 3. BY-DIVISION ELECTORAL SYSTEM FOR FIVE DIRECTORS. Pursuant to California Elections Code Sections 10010 and 10650, and except as provided in Section 5(a), below, Directors shall be elected by-divisions in five (5) divisions as that term is defined in Health & Safety Code section 6591(b), meaning "the election of each member of the district board by voters of only the respective election division". 4 November 16, 2020 Special Board Meeting Agenda Packet- Page 25 of 63 Page 6 of 43 Resolution No. 2020-053 (Option B) Central Contra Costa Sanitary District Page 5 of 7 SECTION 4. DIVISIONS. (a) Subject to subsection (b) of this section, the divisions shall be as reflected in the map attached hereto as Exhibit A, which is incorporated herein by this reference. (b) In accordance with Health & Safety Code section 6592 and Elections Code section 22000, after release of the 2020 Census tabulations the District General Manager shall cause the map attached as Exhibit A to reviewed for compliance with all applicable laws including requirements for relatively equal population in the divisions and the federal Voting Rights Act. (c) The General Manager shall advise the Board of Directors of the results of the review required pursuant to subsection (b) of this section and propose to the Board of Directors a process and timeline for making such adjustments to the division boundaries as may be necessary to bring the map into compliance with law or as otherwise deemed appropriate in the discretion of the Board of Directors. (d) If necessary to facilitate the implementation of this Ordinance, the General Manager or his or her designee is authorized to make technical adjustments to the division boundaries that do not substantively affect the populations in the divisions or the eligibility of candidates. The General Manager shall consult with the District General Counsel concerning any technical adjustments deemed necessary and shall advise the Board of Directors of any such adjustments required in the implementation of the divisions. (e) The divisions specified in subsection (a) shall continue in effect until they are amended or repealed in accordance with law. SECTION S. TERM OF OFFICE AND ELECTIONS. (a) A Director in office at the time this resolution takes effect shall continue in office until the expiration of the full term to which he or she was elected or appointed and until his or her successor is qualified. If vacancies in Director offices elected at-large occur before expiration of the full term thereof, such vacancies may be filled according to law from the District at-large. (b) Upon expiration of the full term of each Director elected at-large, that Director's successor shall be elected only on a by-division basis in the divisions 5 November 16, 2020 Special Board Meeting Agenda Packet- Page 26 of 63 Page 7 of 43 Resolution No. 2020-053 (Option B) Central Contra Costa Sanitary District Page 6 of 7 established by this Resolution, as may be modified in accordance with Section 4(c) of this Resolution. A vacancy in a Director office elected or appointed by- division shall be filled according to law by a person qualified to hold the office, who lives, and is a registered voter, in the division. (c) In November 2022, Directors shall be elected for Divisions 3 and 4. (d) In November 2024, Directors shall be elected for Divisions 1, 2, and 5. (e) Except as provided in subsection (a) of this section, the Director elected to represent a division must live in that division and be a registered voter in that division, and any candidate for Director must live in and be a registered voter in, the division in which he or she seeks election at the time nomination papers are issued, pursuant to California Health & Safety Code section 6591(f) and California Elections Code section 10227. SECTION 6. EXEMPTION FROM CEQA. The Board of Directors finds that the actions taken in this Resolution are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be said with certainty that there is no possibility that the activity in question may have a significant effect on the environment. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The Board of Directors of the Central Contra Costa County Sanitary District hereby declares that it would have passed this resolution and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 8.ADMINISTRATIVE IMPLEMENTATION. The General Manager is authorized and directed to establish appropriate administrative procedures consistent with the provisions of this resolution and to take reasonable and appropriate action to fully implement the provisions of this resolution. 6 November 16, 2020 Special Board Meeting Agenda Packet- Page 27 of 63 Page 8 of 43 Resolution No. 2020-053 (Option B) Central Contra Costa Sanitary District Page 7 of 7 SECTION 9. REPEAL. The Board of Directors reserves the right to repeal this resolution or re- establish at-large elections in accordance with law should the CVRA be declared illegal, or as may be in the best interests of the District. PASSED AND ADOPTED this _th day of November, 2020, at a special meeting of the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: 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 Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Esq. District Counsel 7 November 16, 2020 Special Board Meeting Agenda Packet- Page 28 of 63 Page 9 of 43 RESOLUTION NO. 2020-053 Option B RESOLUTION OF THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT CHANGING FROM AN AT-LARGE ELECTION SYSTEM TO A BY-DIVISION ELECTION SYSTEM FOR ELECTING MEMBERS OF THE BOARD OF DIRECTORS COMMENCING WITH THE BOARD ELECTIONS IN NOVEMBER 2022 WHEREAS, Central Contra Costa Sanitary District ("District") is a Sanitary District duly organized under the Sanitary District Act of 1923 (Health & Safety Code §§ 6400 - 6830) and governed by special legislation added by Stats. 1999, Ch. 696, Sec. 1 (Health & Safety Code §§ 6590 - 6595). WHEREAS, the District's Board of Directors is comprised of five Directors currently elected in "at-large" elections, in which each Director is elected by the registered voters of the entire District; in alternating even-numbered election years the District voters elect either two or three members to the Board of Directors by a plurality-win vote with the top vote-getters elected; and WHEREAS, on July 13, 2020, the District received a letter from attorney Kevin Shenkman of the law firm of Shenkman & Hughes, asserting that the District's at- large election system violates the California Voting Rights Act of 2001 ("CVRA") and threatening litigation if the District does not voluntarily change to a by- division election system for electing Directors; and WHEREAS, in a by-division election system, the District would be divided into sub-parts called "director divisions" for the purposes of conducting elections; voters in a division would vote once every four years and only for candidates who live in that division with the single top vote-getter in each division elected (see Health & Safety Code § 6591(b)); board seats for each of three divisions would be on the ballot in one election year; seats for each of the remaining two divisions would be on the ballot the next election year ("Health & Safety Code § 6591(b)); and WHEREAS, litigation to defend against an alleged violation of the CVRA is extraordinarily expensive and if the defendant loses, it is required to pay the plaintiff's reasonable attorneys' fees and expenses, which in most cases to date have been significantly over a million dollars; and WHEREAS, the California Legislature, in amendments to Elections Code section 10010 and enacting section 10650, has provided a process whereby a November 16, 2020 Special Board Meeting Agenda Packet- Page 29 of 63 Page 10 of 43 Resolution No. 2020-053 (Option B) Central Contra Costa Sanitary District Page 2 of 7 jurisdiction can change to a by-division election system and be protected from litigation under the CVRA (Elec. Code § 10010(e)); and WHEREAS, changing to a by-division electoral system pursuant to Elections Code section 10010 would avoid the extraordinary cost to defend against a CVRA lawsuit; and WHEREAS, the multi-hearing and notice process set forth in Elections Code section 10010 and other legal requirements do not permit the District to implement by-division elections at the November 3, 2020 elections for members of the District Board of Directors: and WHEREAS, the first general District election for members of the District Board of Directors at which a by-division electoral system could be used is November 8, 2022; and WHEREAS, the federal decennial Census is currently underway, and the results will be available to local jurisdictions in 2021; and WHEREAS, Health & Safety Code section 6592 may require the Board of Directors to adjust the boundaries of the election divisions before November 1, 2021; and WHEREAS, the District denies that its at-large system for electing Directors violates the CVRA or any other provision of law and asserts the District's election system is legal in all respects and further denies any wrongdoing in connection with the manner in which it has conducted its elections; and WHEREAS, despite the foregoing, the Board of Directors determined that the public interest would be best served by changing to a by-division election system to avoid the risks and costs of defending against a CVRA lawsuit; and WHEREAS, 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 in accordance with California Elections Code section 10010(a); and WHEREAS, Health & Safety Code section 6591, applicable only to the District, provides that the directors may be elected by-divisions if a majority of 2 November 16, 2020 Special Board Meeting Agenda Packet- Page 30 of 63 Page 11 of 43 Resolution No. 2020-053 (Option B) Central Contra Costa Sanitary District Page 3 of 7 the voters voting upon the question are in favor of the question at a general district or special election, and that the Board of Directors may adopt a resolution placing the question on the ballot, but Elections Code section 10650 would permit the Board of Directors to make the change to by-division elections without voter approval; and WHEREAS, on September 3, 2020 and September 21, 2020, pursuant to California Elections Code Section 10010(a)(1), 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; and WHEREAS, on October 7, 2020 the District made public five draft Director Division plans prepared by its demographic consultant, Draft Maps 101, 102a & 102b, and 103a and 103b, and a proposed sequencing of elections in each draft map, which were posted on the District's website at www.centralsan.org/elections; and WHEREAS, on October 14, 2020 and November 4, 2020, pursuant to California Elections Code Section 10010(a)(2), public hearings were held where the public was invited to provide input regarding the content of the draft maps that had been published at least seven (7) days before the meetings, and the proposed sequence of elections, and the Board considered and discussed the same; and WHEREAS, after the public hearing on October 14, 2020, 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; and WHEREAS, on November 4, 2020, after the public hearing, the Board of Directors narrowed its consideration to Maps 103b and 103c and requested that an alternative sequencing of elections be provided for these maps; and WHEREAS, draft maps 103b and 103c were republished on November 9, 2020 on the District's website with the original potential sequencing of elections and the alternative requested by the Board of Directors; and WHEREAS, on November 16, 2020, the Board of Directors held a fifth public hearing after which it selected Map 103b as the by-division electoral plan for the District and adopted the following sequence of elections published 3 November 16, 2020 Special Board Meeting Agenda Packet- Page 31 of 63 Page 12 of 43 Resolution No. 2020-053 (Option B) Central Contra Costa Sanitary District Page 4 of 7 therewith, to wit, Divisions 2 and 5 on the ballot in 2022, and Divisions 1, 3, and 4 on the ballot in 2024; and WHEREAS, the District engaged in public outreach and engagement as suggested by California Elections Code section 10010(a)(1); and WHEREAS, the Board of Directors will adjust the boundaries of the Director Divisions in accordance with Elections Code section 22000 and Health & Safety Code section 6592 upon receipt of the 2020 Census tabulations and in connection with that process, members of the public will have additional opportunities to comment on the configuration of the director divisions adopted in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT: SECTION 1. RECITALS ARE TRUE AND CORRECT. The above recitals are true and correct and form the basis of this Resolution. SECTION 2. PURPOSE AND AUTHORITY. The purpose of this Resolution is, pursuant to California Elections Code section 10010, to change the method for the election of members of the Board of Directors of the Central Contra Costa County Sanitary District from at-large to by-division in five (5) single-member divisions commencing with the 2022 elections for Board of Directors, and thereafter until changed in accordance with law. This Resolution is adopted pursuant to the District's authority under California Elections Code section 10010 and California Elections Code section 10650. SECTION 3. BY-DIVISION ELECTORAL SYSTEM FOR FIVE DIRECTORS. Pursuant to California Elections Code Sections 10010 and 10650, and except as provided in Section 5(a), below, Directors shall be elected by-divisions in five (5) divisions as that term is defined in Health & Safety Code section 6591(b), meaning "the election of each member of the district board by voters of only the respective election division". 4 November 16, 2020 Special Board Meeting Agenda Packet- Page 32 of 63 Page 13 of 43 Resolution No. 2020-053 (Option B) Central Contra Costa Sanitary District Page 5 of 7 SECTION 4. DIVISIONS. (a) Subject to subsection (b) of this section, the divisions shall be as reflected in the map attached hereto as Exhibit A, which is incorporated herein by this reference. (b) In accordance with Health & Safety Code section 6592 and Elections Code section 22000, after release of the 2020 Census tabulations the District General Manager shall cause the map attached as Exhibit A to reviewed for compliance with all applicable laws including requirements for relatively equal population in the divisions and the federal Voting Rights Act. (c) The General Manager shall advise the Board of Directors of the results of the review required pursuant to subsection (b) of this section and propose to the Board of Directors a process and timeline for making such adjustments to the division boundaries as may be necessary to bring the map into compliance with law or as otherwise deemed appropriate in the discretion of the Board of Directors. (d) If necessary to facilitate the implementation of this Ordinance, the General Manager or his or her designee is authorized to make technical adjustments to the division boundaries that do not substantively affect the populations in the divisions or the eligibility of candidates. The General Manager shall consult with the District General Counsel concerning any technical adjustments deemed necessary and shall advise the Board of Directors of any such adjustments required in the implementation of the divisions. (e) The divisions specified in subsection (a) shall continue in effect until they are amended or repealed in accordance with law. SECTION S. TERM OF OFFICE AND ELECTIONS. (a) A Director in office at the time this resolution takes effect shall continue in office until the expiration of the full term to which he or she was elected or appointed and until his or her successor is qualified. If vacancies in Director offices elected at-large occur before expiration of the full term thereof, such vacancies may be filled according to law from the District at-large. (b) Upon expiration of the full term of each Director elected at-large, that Director's successor shall be elected only on a by-division basis in the divisions 5 November 16, 2020 Special Board Meeting Agenda Packet- Page 33 of 63 Page 14 of 43 Resolution No. 2020-053 (Option B) Central Contra Costa Sanitary District Page 6 of 7 established by this Resolution, as may be modified in accordance with Section 4(c) of this Resolution. A vacancy in a Director office elected or appointed by- division shall be filled according to law by a person qualified to hold the office, who lives, and is a registered voter, in the division. (c) In November 2022, Directors shall be elected for Divisions 2 and S. (d) In November 2024, Directors shall be elected for Divisions 1, 3, and 4. (e) Except as provided in subsection (a) of this section, the Director elected to represent a division must live in that division and be a registered voter in that division, and any candidate for Director must live in and be a registered voter in, the division in which he or she seeks election at the time nomination papers are issued, pursuant to California Health & Safety Code section 6591(f) and California Elections Code section 10227. SECTION 6. EXEMPTION FROM CEQA. The Board of Directors finds that the actions taken in this Resolution are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be said with certainty that there is no possibility that the activity in question may have a significant effect on the environment. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The Board of Directors of the Central Contra Costa County Sanitary District hereby declares that it would have passed this resolution and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 8.ADMINISTRATIVE IMPLEMENTATION. The General Manager is authorized and directed to establish appropriate administrative procedures consistent with the provisions of this resolution and to take reasonable and appropriate action to fully implement the provisions of this resolution. 6 November 16, 2020 Special Board Meeting Agenda Packet- Page 34 of 63 Page 15 of 43 Resolution No. 2020-053 (Option B) Central Contra Costa Sanitary District Page 7 of 7 SECTION 9. REPEAL. The Board of Directors reserves the right to repeal this resolution or re- establish at-large elections in accordance with law should the CVRA be declared illegal, or as may be in the best interests of the District. PASSED AND ADOPTED this _th day of November, 2020, at a special meeting of the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: 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 Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Esq. District Counsel 7 November 16, 2020 Special Board Meeting Agenda Packet- Page 35 of 63 Page 16 of 43 RESOLUTION NO. 2020-053 Option C RESOLUTION OF THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT CHANGING FROM AN AT-LARGE ELECTION SYSTEM TO A BY-DIVISION ELECTION SYSTEM FOR ELECTING MEMBERS OF THE BOARD OF DIRECTORS COMMENCING WITH THE BOARD ELECTIONS IN NOVEMBER 2022 WHEREAS, Central Contra Costa Sanitary District ("District") is a Sanitary District duly organized under the Sanitary District Act of 1923 (Health & Safety Code §§ 6400 - 6830) and governed by special legislation added by Stats. 1999, Ch. 696, Sec. 1 (Health & Safety Code §§ 6590 - 6595). WHEREAS, the District's Board of Directors is comprised of five Directors currently elected in "at-large" elections, in which each Director is elected by the registered voters of the entire District; in alternating even-numbered election years the District voters elect either two or three members to the Board of Directors by a plurality-win vote with the top vote-getters elected; and WHEREAS, on July 13, 2020, the District received a letter from attorney Kevin Shenkman of the law firm of Shenkman & Hughes, asserting that the District's at- large election system violates the California Voting Rights Act of 2001 ("CVRA") and threatening litigation if the District does not voluntarily change to a by- division election system for electing Directors; and WHEREAS, in a by-division election system, the District would be divided into sub-parts called "director divisions" for the purposes of conducting elections; voters in a division would vote once every four years and only for candidates who live in that division with the single top vote-getter in each division elected (see Health & Safety Code § 6591(b)); board seats for each of three divisions would be on the ballot in one election year; seats for each of the remaining two divisions would be on the ballot the next election year ("Health & Safety Code § 6591(b)); and WHEREAS, litigation to defend against an alleged violation of the CVRA is extraordinarily expensive and if the defendant loses, it is required to pay the plaintiff's reasonable attorneys' fees and expenses, which in most cases to date have been significantly over a million dollars; and WHEREAS, the California Legislature, in amendments to Elections Code section 10010 and enacting section 10650, has provided a process whereby a November 16, 2020 Special Board Meeting Agenda Packet- Page 36 of 63 Page 17 of 43 Resolution No. 2020-053 (Option C) Central Contra Costa Sanitary District Page 2 of 7 jurisdiction can change to a by-division election system and be protected from litigation under the CVRA (Elec. Code § 10010(e)); and WHEREAS, changing to a by-division electoral system pursuant to Elections Code section 10010 would avoid the extraordinary cost to defend against a CVRA lawsuit; and WHEREAS, the multi-hearing and notice process set forth in Elections Code section 10010 and other legal requirements do not permit the District to implement by-division elections at the November 3, 2020 elections for members of the District Board of Directors: and WHEREAS, the first general District election for members of the District Board of Directors at which a by-division electoral system could be used is November 8, 2022; and WHEREAS, the federal decennial Census is currently underway, and the results will be available to local jurisdictions in 2021; and WHEREAS, Health & Safety Code section 6592 may require the Board of Directors to adjust the boundaries of the election divisions before November 1, 2021; and WHEREAS, the District denies that its at-large system for electing Directors violates the CVRA or any other provision of law and asserts the District's election system is legal in all respects and further denies any wrongdoing in connection with the manner in which it has conducted its elections; and WHEREAS, despite the foregoing, the Board of Directors determined that the public interest would be best served by changing to a by-division election system to avoid the risks and costs of defending against a CVRA lawsuit; and WHEREAS, 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 in accordance with California Elections Code section 10010(a); and WHEREAS, Health & Safety Code section 6591, applicable only to the District, provides that the directors may be elected by-divisions if a majority of 2 November 16, 2020 Special Board Meeting Agenda Packet- Page 37 of 63 Page 18 of 43 Resolution No. 2020-053 (Option C) Central Contra Costa Sanitary District Page 3 of 7 the voters voting upon the question are in favor of the question at a general district or special election, and that the Board of Directors may adopt a resolution placing the question on the ballot, but Elections Code section 10650 would permit the Board of Directors to make the change to by-division elections without voter approval; and WHEREAS, on September 3, 2020 and September 21, 2020, pursuant to California Elections Code Section 10010(a)(1), 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; and WHEREAS, on October 7, 2020 the District made public five draft Director Division plans prepared by its demographic consultant, Draft Maps 101, 102a & 102b, and 103a and 103b, and a proposed sequencing of elections in each draft map, which were posted on the District's website at www.centralsan.org/elections; and WHEREAS, on October 14, 2020 and November 4, 2020, pursuant to California Elections Code Section 10010(a)(2), public hearings were held where the public was invited to provide input regarding the content of the draft maps that had been published at least seven (7) days before the meetings, and the proposed sequence of elections, and the Board considered and discussed the same; and WHEREAS, after the public hearing on October 14, 2020, 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; and WHEREAS, on November 4, 2020, after the public hearing, the Board of Directors narrowed its consideration to Maps 103b and 103c and requested that an alternative sequencing of elections be provided for these maps; and WHEREAS, draft maps 103b and 103c were republished on November 9, 2020 on the District's website with the original potential sequencing of elections and the alternative requested by the Board of Directors; and WHEREAS, on November 16, 2020, the Board of Directors held a fifth public hearing after which it selected Map 103b as the by-division electoral plan for the District and adopted the following sequence of elections published 3 November 16, 2020 Special Board Meeting Agenda Packet- Page 38 of 63 Page 19 of 43 Resolution No. 2020-053 (Option C) Central Contra Costa Sanitary District Page 4 of 7 therewith, to wit, Divisions 2 and 3 on the ballot in 2022, and Divisions 1, 4, and 5 on the ballot in 2024; and WHEREAS, the District engaged in public outreach and engagement as suggested by California Elections Code section 10010(a)(1); and WHEREAS, the Board of Directors will adjust the boundaries of the Director Divisions in accordance with Elections Code section 22000 and Health & Safety Code section 6592 upon receipt of the 2020 Census tabulations and in connection with that process, members of the public will have additional opportunities to comment on the configuration of the director divisions adopted in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT: SECTION 1. RECITALS ARE TRUE AND CORRECT. The above recitals are true and correct and form the basis of this Resolution. SECTION 2. PURPOSE AND AUTHORITY. The purpose of this Resolution is, pursuant to California Elections Code section 10010, to change the method for the election of members of the Board of Directors of the Central Contra Costa County Sanitary District from at-large to by-division in five (5) single-member divisions commencing with the 2022 elections for Board of Directors, and thereafter until changed in accordance with law. This Resolution is adopted pursuant to the District's authority under California Elections Code section 10010 and California Elections Code section 10650. SECTION 3. BY-DIVISION ELECTORAL SYSTEM FOR FIVE DIRECTORS. Pursuant to California Elections Code Sections 10010 and 10650, and except as provided in Section 5(a), below, Directors shall be elected by-divisions in five (5) divisions as that term is defined in Health & Safety Code section 6591(b), meaning "the election of each member of the district board by voters of only the respective election division". 4 November 16, 2020 Special Board Meeting Agenda Packet- Page 39 of 63 Page 20 of 43 Resolution No. 2020-053 (Option C) Central Contra Costa Sanitary District Page 5 of 7 SECTION 4. DIVISIONS. (a) Subject to subsection (b) of this section, the divisions shall be as reflected in the map attached hereto as Exhibit A, which is incorporated herein by this reference. (b) In accordance with Health & Safety Code section 6592 and Elections Code section 22000, after release of the 2020 Census tabulations the District General Manager shall cause the map attached as Exhibit A to reviewed for compliance with all applicable laws including requirements for relatively equal population in the divisions and the federal Voting Rights Act. (c) The General Manager shall advise the Board of Directors of the results of the review required pursuant to subsection (b) of this section and propose to the Board of Directors a process and timeline for making such adjustments to the division boundaries as may be necessary to bring the map into compliance with law or as otherwise deemed appropriate in the discretion of the Board of Directors. (d) If necessary to facilitate the implementation of this Ordinance, the General Manager or his or her designee is authorized to make technical adjustments to the division boundaries that do not substantively affect the populations in the divisions or the eligibility of candidates. The General Manager shall consult with the District General Counsel concerning any technical adjustments deemed necessary and shall advise the Board of Directors of any such adjustments required in the implementation of the divisions. (e) The divisions specified in subsection (a) shall continue in effect until they are amended or repealed in accordance with law. SECTION S. TERM OF OFFICE AND ELECTIONS. (a) A Director in office at the time this resolution takes effect shall continue in office until the expiration of the full term to which he or she was elected or appointed and until his or her successor is qualified. If vacancies in Director offices elected at-large occur before expiration of the full term thereof, such vacancies may be filled according to law from the District at-large. (b) Upon expiration of the full term of each Director elected at-large, that Director's successor shall be elected only on a by-division basis in the divisions 5 November 16, 2020 Special Board Meeting Agenda Packet- Page 40 of 63 Page 21 of 43 Resolution No. 2020-053 (Option C) Central Contra Costa Sanitary District Page 6 of 7 established by this Resolution, as may be modified in accordance with Section 4(c) of this Resolution. A vacancy in a Director office elected or appointed by- division shall be filled according to law by a person qualified to hold the office, who lives, and is a registered voter, in the division. (c) In November 2022, Directors shall be elected for Divisions 2 and 3. (d) In November 2024, Directors shall be elected for Divisions 1, 4, and 5. (e) Except as provided in subsection (a) of this section, the Director elected to represent a division must live in that division and be a registered voter in that division, and any candidate for Director must live in and be a registered voter in, the division in which he or she seeks election at the time nomination papers are issued, pursuant to California Health & Safety Code section 6591(f) and California Elections Code section 10227. SECTION 6. EXEMPTION FROM CEQA. The Board of Directors finds that the actions taken in this Resolution are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be said with certainty that there is no possibility that the activity in question may have a significant effect on the environment. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The Board of Directors of the Central Contra Costa County Sanitary District hereby declares that it would have passed this resolution and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 8.ADMINISTRATIVE IMPLEMENTATION. The General Manager is authorized and directed to establish appropriate administrative procedures consistent with the provisions of this resolution and to take reasonable and appropriate action to fully implement the provisions of this resolution. 6 November 16, 2020 Special Board Meeting Agenda Packet- Page 41 of 63 Page 22 of 43 Resolution No. 2020-053 (Option C) Central Contra Costa Sanitary District Page 7 of 7 SECTION 9. REPEAL. The Board of Directors reserves the right to repeal this resolution or re- establish at-large elections in accordance with law should the CVRA be declared illegal, or as may be in the best interests of the District. PASSED AND ADOPTED this _th day of November, 2020, at a special meeting of the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: 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 Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Esq. District Counsel 7 November 16, 2020 Special Board Meeting Agenda Packet- Page 42 of 63 Page 23 of 43 RESOLUTION NO. 2020-053 Option D RESOLUTION OF THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT CHANGING FROM AN AT-LARGE ELECTION SYSTEM TO A BY-DIVISION ELECTION SYSTEM FOR ELECTING MEMBERS OF THE BOARD OF DIRECTORS COMMENCING WITH THE BOARD ELECTIONS IN NOVEMBER 2022 WHEREAS, Central Contra Costa Sanitary District ("District") is a Sanitary District duly organized under the Sanitary District Act of 1923 (Health & Safety Code §§ 6400 - 6830) and governed by special legislation added by Stats. 1999, Ch. 696, Sec. 1 (Health & Safety Code §§ 6590 - 6595). WHEREAS, the District's Board of Directors is comprised of five Directors currently elected in "at-large" elections, in which each Director is elected by the registered voters of the entire District; in alternating even-numbered election years the District voters elect either two or three members to the Board of Directors by a plurality-win vote with the top vote-getters elected; and WHEREAS, on July 13, 2020, the District received a letter from attorney Kevin Shenkman of the law firm of Shenkman & Hughes, asserting that the District's at- large election system violates the California Voting Rights Act of 2001 ("CVRA") and threatening litigation if the District does not voluntarily change to a by- division election system for electing Directors; and WHEREAS, in a by-division election system, the District would be divided into sub-parts called "director divisions" for the purposes of conducting elections; voters in a division would vote once every four years and only for candidates who live in that division with the single top vote-getter in each division elected (see Health & Safety Code § 6591(b)); board seats for each of three divisions would be on the ballot in one election year; seats for each of the remaining two divisions would be on the ballot the next election year ("Health & Safety Code § 6591(b)); and WHEREAS, litigation to defend against an alleged violation of the CVRA is extraordinarily expensive and if the defendant loses, it is required to pay the plaintiff's reasonable attorneys' fees and expenses, which in most cases to date have been significantly over a million dollars; and WHEREAS, the California Legislature, in amendments to Elections Code section 10010 and enacting section 10650, has provided a process whereby a November 16, 2020 Special Board Meeting Agenda Packet- Page 43 of 63 Page 24 of 43 Resolution No. 2020-053 (Option D) Central Contra Costa Sanitary District Page 2 of 7 jurisdiction can change to a by-division election system and be protected from litigation under the CVRA (Elec. Code § 10010(e)); and WHEREAS, changing to a by-division electoral system pursuant to Elections Code section 10010 would avoid the extraordinary cost to defend against a CVRA lawsuit; and WHEREAS, the multi-hearing and notice process set forth in Elections Code section 10010 and other legal requirements do not permit the District to implement by-division elections at the November 3, 2020 elections for members of the District Board of Directors: and WHEREAS, the first general District election for members of the District Board of Directors at which a by-division electoral system could be used is November 8, 2022; and WHEREAS, the federal decennial Census is currently underway, and the results will be available to local jurisdictions in 2021; and WHEREAS, Health & Safety Code section 6592 may require the Board of Directors to adjust the boundaries of the election divisions before November 1, 2021; and WHEREAS, the District denies that its at-large system for electing Directors violates the CVRA or any other provision of law and asserts the District's election system is legal in all respects and further denies any wrongdoing in connection with the manner in which it has conducted its elections; and WHEREAS, despite the foregoing, the Board of Directors determined that the public interest would be best served by changing to a by-division election system to avoid the risks and costs of defending against a CVRA lawsuit; and WHEREAS, 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 in accordance with California Elections Code section 10010(a); and WHEREAS, Health & Safety Code section 6591, applicable only to the District, provides that the directors may be elected by-divisions if a majority of 2 November 16, 2020 Special Board Meeting Agenda Packet- Page 44 of 63 Page 25 of 43 Resolution No. 2020-053 (Option D) Central Contra Costa Sanitary District Page 3 of 7 the voters voting upon the question are in favor of the question at a general district or special election, and that the Board of Directors may adopt a resolution placing the question on the ballot, but Elections Code section 10650 would permit the Board of Directors to make the change to by-division elections without voter approval; and WHEREAS, on September 3, 2020 and September 21, 2020, pursuant to California Elections Code Section 10010(a)(1), 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; and WHEREAS, on October 7, 2020 the District made public five draft Director Division plans prepared by its demographic consultant, Draft Maps 101, 102a & 102b, and 103a and 103b, and a proposed sequencing of elections in each draft map, which were posted on the District's website at www.centralsan.org/elections; and WHEREAS, on October 14, 2020 and November 4, 2020, pursuant to California Elections Code Section 10010(a)(2), public hearings were held where the public was invited to provide input regarding the content of the draft maps that had been published at least seven (7) days before the meetings, and the proposed sequence of elections, and the Board considered and discussed the same; and WHEREAS, after the public hearing on October 14, 2020, 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; and WHEREAS, on November 4, 2020, after the public hearing, the Board of Directors narrowed its consideration to Maps 103b and 103c and requested that an alternative sequencing of elections be provided for these maps; and WHEREAS, draft maps 103b and 103c were republished on November 9, 2020 on the District's website with the original potential sequencing of elections and the alternative requested by the Board of Directors; and WHEREAS, on November 16, 2020, the Board of Directors held a fifth public hearing after which it selected Map 103c as the by-division electoral plan for the District and adopted the following sequence of elections published 3 November 16, 2020 Special Board Meeting Agenda Packet- Page 45 of 63 Page 26 of 43 Resolution No. 2020-053 (Option D) Central Contra Costa Sanitary District Page 4 of 7 therewith, to wit, Divisions 3 and 4 on the ballot in 2022, and Divisions 1, 2, and 5 on the ballot in 2024; and WHEREAS, the District engaged in public outreach and engagement as suggested by California Elections Code section 10010(a)(1); and WHEREAS, the Board of Directors will adjust the boundaries of the Director Divisions in accordance with Elections Code section 22000 and Health & Safety Code section 6592 upon receipt of the 2020 Census tabulations and in connection with that process, members of the public will have additional opportunities to comment on the configuration of the director divisions adopted in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT: SECTION 1. RECITALS ARE TRUE AND CORRECT. The above recitals are true and correct and form the basis of this Resolution. SECTION 2. PURPOSE AND AUTHORITY. The purpose of this Resolution is, pursuant to California Elections Code section 10010, to change the method for the election of members of the Board of Directors of the Central Contra Costa County Sanitary District from at-large to by-division in five (5) single-member divisions commencing with the 2022 elections for Board of Directors, and thereafter until changed in accordance with law. This Resolution is adopted pursuant to the District's authority under California Elections Code section 10010 and California Elections Code section 10650. SECTION 3. BY-DIVISION ELECTORAL SYSTEM FOR FIVE DIRECTORS. Pursuant to California Elections Code Sections 10010 and 10650, and except as provided in Section 5(a), below, Directors shall be elected by-divisions in five (5) divisions as that term is defined in Health & Safety Code section 6591(b), meaning "the election of each member of the district board by voters of only the respective election division". 4 November 16, 2020 Special Board Meeting Agenda Packet- Page 46 of 63 Page 27 of 43 Resolution No. 2020-053 (Option D) Central Contra Costa Sanitary District Page 5 of 7 SECTION 4. DIVISIONS. (a) Subject to subsection (b) of this section, the divisions shall be as reflected in the map attached hereto as Exhibit A, which is incorporated herein by this reference. (b) In accordance with Health & Safety Code section 6592 and Elections Code section 22000, after release of the 2020 Census tabulations the District General Manager shall cause the map attached as Exhibit A to reviewed for compliance with all applicable laws including requirements for relatively equal population in the divisions and the federal Voting Rights Act. (c) The General Manager shall advise the Board of Directors of the results of the review required pursuant to subsection (b) of this section and propose to the Board of Directors a process and timeline for making such adjustments to the division boundaries as may be necessary to bring the map into compliance with law or as otherwise deemed appropriate in the discretion of the Board of Directors. (d) If necessary to facilitate the implementation of this Ordinance, the General Manager or his or her designee is authorized to make technical adjustments to the division boundaries that do not substantively affect the populations in the divisions or the eligibility of candidates. The General Manager shall consult with the District General Counsel concerning any technical adjustments deemed necessary and shall advise the Board of Directors of any such adjustments required in the implementation of the divisions. (e) The divisions specified in subsection (a) shall continue in effect until they are amended or repealed in accordance with law. SECTION S. TERM OF OFFICE AND ELECTIONS. (a) A Director in office at the time this resolution takes effect shall continue in office until the expiration of the full term to which he or she was elected or appointed and until his or her successor is qualified. If vacancies in Director offices elected at-large occur before expiration of the full term thereof, such vacancies may be filled according to law from the District at-large. (b) Upon expiration of the full term of each Director elected at-large, that Director's successor shall be elected only on a by-division basis in the divisions 5 November 16, 2020 Special Board Meeting Agenda Packet- Page 47 of 63 Page 28 of 43 Resolution No. 2020-053 (Option D) Central Contra Costa Sanitary District Page 6 of 7 established by this Resolution, as may be modified in accordance with Section 4(c) of this Resolution. A vacancy in a Director office elected or appointed by- division shall be filled according to law by a person qualified to hold the office, who lives, and is a registered voter, in the division. (c) In November 2022, Directors shall be elected for Divisions 3 and 4. (d) In November 2024, Directors shall be elected for Divisions 1, 2, and 5. (e) Except as provided in subsection (a) of this section, the Director elected to represent a division must live in that division and be a registered voter in that division, and any candidate for Director must live in and be a registered voter in, the division in which he or she seeks election at the time nomination papers are issued, pursuant to California Health & Safety Code section 6591(f) and California Elections Code section 10227. SECTION 6. EXEMPTION FROM CEQA. The Board of Directors finds that the actions taken in this Resolution are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be said with certainty that there is no possibility that the activity in question may have a significant effect on the environment. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The Board of Directors of the Central Contra Costa County Sanitary District hereby declares that it would have passed this resolution and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 8.ADMINISTRATIVE IMPLEMENTATION. The General Manager is authorized and directed to establish appropriate administrative procedures consistent with the provisions of this resolution and to take reasonable and appropriate action to fully implement the provisions of this resolution. 6 November 16, 2020 Special Board Meeting Agenda Packet- Page 48 of 63 Page 29 of 43 Resolution No. 2020-053 (Option D) Central Contra Costa Sanitary District Page 7 of 7 SECTION 9. REPEAL. The Board of Directors reserves the right to repeal this resolution or re- establish at-large elections in accordance with law should the CVRA be declared illegal, or as may be in the best interests of the District. PASSED AND ADOPTED this _th day of November, 2020, at a special meeting of the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: 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 Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Esq. District Counsel 7 November 16, 2020 Special Board Meeting Agenda Packet- Page 49 of 63 Page 30 of 43 RESOLUTION NO. 2020-053 Option E RESOLUTION OF THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT CHANGING FROM AN AT-LARGE ELECTION SYSTEM TO A BY-DIVISION ELECTION SYSTEM FOR ELECTING MEMBERS OF THE BOARD OF DIRECTORS COMMENCING WITH THE BOARD ELECTIONS IN NOVEMBER 2022 WHEREAS, Central Contra Costa Sanitary District ("District") is a Sanitary District duly organized under the Sanitary District Act of 1923 (Health & Safety Code §§ 6400 - 6830) and governed by special legislation added by Stats. 1999, Ch. 696, Sec. 1 (Health & Safety Code §§ 6590 - 6595). WHEREAS, the District's Board of Directors is comprised of five Directors currently elected in "at-large" elections, in which each Director is elected by the registered voters of the entire District; in alternating even-numbered election years the District voters elect either two or three members to the Board of Directors by a plurality-win vote with the top vote-getters elected; and WHEREAS, on July 13, 2020, the District received a letter from attorney Kevin Shenkman of the law firm of Shenkman & Hughes, asserting that the District's at- large election system violates the California Voting Rights Act of 2001 ("CVRA") and threatening litigation if the District does not voluntarily change to a by- division election system for electing Directors; and WHEREAS, in a by-division election system, the District would be divided into sub-parts called "director divisions" for the purposes of conducting elections; voters in a division would vote once every four years and only for candidates who live in that division with the single top vote-getter in each division elected (see Health & Safety Code § 6591(b)); board seats for each of three divisions would be on the ballot in one election year; seats for each of the remaining two divisions would be on the ballot the next election year ("Health & Safety Code § 6591(b)); and WHEREAS, litigation to defend against an alleged violation of the CVRA is extraordinarily expensive and if the defendant loses, it is required to pay the plaintiff's reasonable attorneys' fees and expenses, which in most cases to date have been significantly over a million dollars; and WHEREAS, the California Legislature, in amendments to Elections Code section 10010 and enacting section 10650, has provided a process whereby a November 16, 2020 Special Board Meeting Agenda Packet- Page 50 of 63 Page 31 of 43 Resolution No. 2020-053 (Option E) Central Contra Costa Sanitary District Page 2 of 7 jurisdiction can change to a by-division election system and be protected from litigation under the CVRA (Elec. Code § 10010(e)); and WHEREAS, changing to a by-division electoral system pursuant to Elections Code section 10010 would avoid the extraordinary cost to defend against a CVRA lawsuit; and WHEREAS, the multi-hearing and notice process set forth in Elections Code section 10010 and other legal requirements do not permit the District to implement by-division elections at the November 3, 2020 elections for members of the District Board of Directors: and WHEREAS, the first general District election for members of the District Board of Directors at which a by-division electoral system could be used is November 8, 2022; and WHEREAS, the federal decennial Census is currently underway, and the results will be available to local jurisdictions in 2021; and WHEREAS, Health & Safety Code section 6592 may require the Board of Directors to adjust the boundaries of the election divisions before November 1, 2021; and WHEREAS, the District denies that its at-large system for electing Directors violates the CVRA or any other provision of law and asserts the District's election system is legal in all respects and further denies any wrongdoing in connection with the manner in which it has conducted its elections; and WHEREAS, despite the foregoing, the Board of Directors determined that the public interest would be best served by changing to a by-division election system to avoid the risks and costs of defending against a CVRA lawsuit; and WHEREAS, 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 in accordance with California Elections Code section 10010(a); and WHEREAS, Health & Safety Code section 6591, applicable only to the District, provides that the directors may be elected by-divisions if a majority of 2 November 16, 2020 Special Board Meeting Agenda Packet- Page 51 of 63 Page 32 of 43 Resolution No. 2020-053 (Option E) Central Contra Costa Sanitary District Page 3 of 7 the voters voting upon the question are in favor of the question at a general district or special election, and that the Board of Directors may adopt a resolution placing the question on the ballot, but Elections Code section 10650 would permit the Board of Directors to make the change to by-division elections without voter approval; and WHEREAS, on September 3, 2020 and September 21, 2020, pursuant to California Elections Code Section 10010(a)(1), 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; and WHEREAS, on October 7, 2020 the District made public five draft Director Division plans prepared by its demographic consultant, Draft Maps 101, 102a & 102b, and 103a and 103b, and a proposed sequencing of elections in each draft map, which were posted on the District's website at www.centralsan.org/elections; and WHEREAS, on October 14, 2020 and November 4, 2020, pursuant to California Elections Code Section 10010(a)(2), public hearings were held where the public was invited to provide input regarding the content of the draft maps that had been published at least seven (7) days before the meetings, and the proposed sequence of elections, and the Board considered and discussed the same; and WHEREAS, after the public hearing on October 14, 2020, 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; and WHEREAS, on November 4, 2020, after the public hearing, the Board of Directors narrowed its consideration to Maps 103b and 103c and requested that an alternative sequencing of elections be provided for these maps; and WHEREAS, draft maps 103b and 103c were republished on November 9, 2020 on the District's website with the original potential sequencing of elections and the alternative requested by the Board of Directors; and WHEREAS, on November 16, 2020, the Board of Directors held a fifth public hearing after which it selected Map 103c as the by-division electoral plan for the District and adopted the following sequence of elections published 3 November 16, 2020 Special Board Meeting Agenda Packet- Page 52 of 63 Page 33 of 43 Resolution No. 2020-053 (Option E) Central Contra Costa Sanitary District Page 4 of 7 therewith, to wit, Divisions 4 and 5 on the ballot in 2022, and Divisions 1, 2, and 3 on the ballot in 2024; and WHEREAS, the District engaged in public outreach and engagement as suggested by California Elections Code section 10010(a)(1); and WHEREAS, the Board of Directors will adjust the boundaries of the Director Divisions in accordance with Elections Code section 22000 and Health & Safety Code section 6592 upon receipt of the 2020 Census tabulations and in connection with that process, members of the public will have additional opportunities to comment on the configuration of the director divisions adopted in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT: SECTION 1. RECITALS ARE TRUE AND CORRECT. The above recitals are true and correct and form the basis of this Resolution. SECTION 2. PURPOSE AND AUTHORITY. The purpose of this Resolution is, pursuant to California Elections Code section 10010, to change the method for the election of members of the Board of Directors of the Central Contra Costa County Sanitary District from at-large to by-division in five (5) single-member divisions commencing with the 2022 elections for Board of Directors, and thereafter until changed in accordance with law. This Resolution is adopted pursuant to the District's authority under California Elections Code section 10010 and California Elections Code section 10650. SECTION 3. BY-DIVISION ELECTORAL SYSTEM FOR FIVE DIRECTORS. Pursuant to California Elections Code Sections 10010 and 10650, and except as provided in Section 5(a), below, Directors shall be elected by-divisions in five (5) divisions as that term is defined in Health & Safety Code section 6591(b), meaning "the election of each member of the district board by voters of only the respective election division". 4 November 16, 2020 Special Board Meeting Agenda Packet- Page 53 of 63 Page 34 of 43 Resolution No. 2020-053 (Option E) Central Contra Costa Sanitary District Page 5 of 7 SECTION 4. DIVISIONS. (a) Subject to subsection (b) of this section, the divisions shall be as reflected in the map attached hereto as Exhibit A, which is incorporated herein by this reference. (b) In accordance with Health & Safety Code section 6592 and Elections Code section 22000, after release of the 2020 Census tabulations the District General Manager shall cause the map attached as Exhibit A to reviewed for compliance with all applicable laws including requirements for relatively equal population in the divisions and the federal Voting Rights Act. (c) The General Manager shall advise the Board of Directors of the results of the review required pursuant to subsection (b) of this section and propose to the Board of Directors a process and timeline for making such adjustments to the division boundaries as may be necessary to bring the map into compliance with law or as otherwise deemed appropriate in the discretion of the Board of Directors. (d) If necessary to facilitate the implementation of this Ordinance, the General Manager or his or her designee is authorized to make technical adjustments to the division boundaries that do not substantively affect the populations in the divisions or the eligibility of candidates. The General Manager shall consult with the District General Counsel concerning any technical adjustments deemed necessary and shall advise the Board of Directors of any such adjustments required in the implementation of the divisions. (e) The divisions specified in subsection (a) shall continue in effect until they are amended or repealed in accordance with law. SECTION S. TERM OF OFFICE AND ELECTIONS. (a) A Director in office at the time this resolution takes effect shall continue in office until the expiration of the full term to which he or she was elected or appointed and until his or her successor is qualified. If vacancies in Director offices elected at-large occur before expiration of the full term thereof, such vacancies may be filled according to law from the District at-large. (b) Upon expiration of the full term of each Director elected at-large, that Director's successor shall be elected only on a by-division basis in the divisions 5 November 16, 2020 Special Board Meeting Agenda Packet- Page 54 of 63 Page 35 of 43 Resolution No. 2020-053 (Option E) Central Contra Costa Sanitary District Page 6 of 7 established by this Resolution, as may be modified in accordance with Section 4(c) of this Resolution. A vacancy in a Director office elected or appointed by- division shall be filled according to law by a person qualified to hold the office, who lives, and is a registered voter, in the division. (c) In November 2022, Directors shall be elected for Divisions 4 and S. (d) In November 2024, Directors shall be elected for Divisions 1, 2, and 3. (e) Except as provided in subsection (a) of this section, the Director elected to represent a division must live in that division and be a registered voter in that division, and any candidate for Director must live in and be a registered voter in, the division in which he or she seeks election at the time nomination papers are issued, pursuant to California Health & Safety Code section 6591(f) and California Elections Code section 10227. SECTION 6. EXEMPTION FROM CEQA. The Board of Directors finds that the actions taken in this Resolution are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be said with certainty that there is no possibility that the activity in question may have a significant effect on the environment. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The Board of Directors of the Central Contra Costa County Sanitary District hereby declares that it would have passed this resolution and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 8.ADMINISTRATIVE IMPLEMENTATION. The General Manager is authorized and directed to establish appropriate administrative procedures consistent with the provisions of this resolution and to take reasonable and appropriate action to fully implement the provisions of this resolution. 6 November 16, 2020 Special Board Meeting Agenda Packet- Page 55 of 63 Page 36 of 43 Resolution No. 2020-053 (Option E) Central Contra Costa Sanitary District Page 7 of 7 SECTION 9. REPEAL. The Board of Directors reserves the right to repeal this resolution or re- establish at-large elections in accordance with law should the CVRA be declared illegal, or as may be in the best interests of the District. PASSED AND ADOPTED this _th day of November, 2020, at a special meeting of the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: 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 Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Esq. District Counsel 7 November 16, 2020 Special Board Meeting Agenda Packet- Page 56 of 63 Page 37 of 43 RESOLUTION NO. 2020-053 Option F RESOLUTION OF THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT CHANGING FROM AN AT-LARGE ELECTION SYSTEM TO A BY-DIVISION ELECTION SYSTEM FOR ELECTING MEMBERS OF THE BOARD OF DIRECTORS COMMENCING WITH THE BOARD ELECTIONS IN NOVEMBER 2022 WHEREAS, Central Contra Costa Sanitary District ("District") is a Sanitary District duly organized under the Sanitary District Act of 1923 (Health & Safety Code §§ 6400 - 6830) and governed by special legislation added by Stats. 1999, Ch. 696, Sec. 1 (Health & Safety Code §§ 6590 - 6595). WHEREAS, the District's Board of Directors is comprised of five Directors currently elected in "at-large" elections, in which each Director is elected by the registered voters of the entire District; in alternating even-numbered election years the District voters elect either two or three members to the Board of Directors by a plurality-win vote with the top vote-getters elected; and WHEREAS, on July 13, 2020, the District received a letter from attorney Kevin Shenkman of the law firm of Shenkman & Hughes, asserting that the District's at- large election system violates the California Voting Rights Act of 2001 ("CVRA") and threatening litigation if the District does not voluntarily change to a by- division election system for electing Directors; and WHEREAS, in a by-division election system, the District would be divided into sub-parts called "director divisions" for the purposes of conducting elections; voters in a division would vote once every four years and only for candidates who live in that division with the single top vote-getter in each division elected (see Health & Safety Code § 6591(b)); board seats for each of three divisions would be on the ballot in one election year; seats for each of the remaining two divisions would be on the ballot the next election year ("Health & Safety Code § 6591(b)); and WHEREAS, litigation to defend against an alleged violation of the CVRA is extraordinarily expensive and if the defendant loses, it is required to pay the plaintiff's reasonable attorneys' fees and expenses, which in most cases to date have been significantly over a million dollars; and WHEREAS, the California Legislature, in amendments to Elections Code section 10010 and enacting section 10650, has provided a process whereby a November 16, 2020 Special Board Meeting Agenda Packet- Page 57 of 63 Page 38 of 43 Resolution No. 2020-053 (Option F) Central Contra Costa Sanitary District Page 2 of 7 jurisdiction can change to a by-division election system and be protected from litigation under the CVRA (Elec. Code § 10010(e)); and WHEREAS, changing to a by-division electoral system pursuant to Elections Code section 10010 would avoid the extraordinary cost to defend against a CVRA lawsuit; and WHEREAS, the multi-hearing and notice process set forth in Elections Code section 10010 and other legal requirements do not permit the District to implement by-division elections at the November 3, 2020 elections for members of the District Board of Directors: and WHEREAS, the first general District election for members of the District Board of Directors at which a by-division electoral system could be used is November 8, 2022; and WHEREAS, the federal decennial Census is currently underway, and the results will be available to local jurisdictions in 2021; and WHEREAS, Health & Safety Code section 6592 may require the Board of Directors to adjust the boundaries of the election divisions before November 1, 2021; and WHEREAS, the District denies that its at-large system for electing Directors violates the CVRA or any other provision of law and asserts the District's election system is legal in all respects and further denies any wrongdoing in connection with the manner in which it has conducted its elections; and WHEREAS, despite the foregoing, the Board of Directors determined that the public interest would be best served by changing to a by-division election system to avoid the risks and costs of defending against a CVRA lawsuit; and WHEREAS, 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 in accordance with California Elections Code section 10010(a); and WHEREAS, Health & Safety Code section 6591, applicable only to the District, provides that the directors may be elected by-divisions if a majority of 2 November 16, 2020 Special Board Meeting Agenda Packet- Page 58 of 63 Page 39 of 43 Resolution No. 2020-053 (Option F) Central Contra Costa Sanitary District Page 3 of 7 the voters voting upon the question are in favor of the question at a general district or special election, and that the Board of Directors may adopt a resolution placing the question on the ballot, but Elections Code section 10650 would permit the Board of Directors to make the change to by-division elections without voter approval; and WHEREAS, on September 3, 2020 and September 21, 2020, pursuant to California Elections Code Section 10010(a)(1), 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; and WHEREAS, on October 7, 2020 the District made public five draft Director Division plans prepared by its demographic consultant, Draft Maps 101, 102a & 102b, and 103a and 103b, and a proposed sequencing of elections in each draft map, which were posted on the District's website at www.centralsan.org/elections; and WHEREAS, on October 14, 2020 and November 4, 2020, pursuant to California Elections Code Section 10010(a)(2), public hearings were held where the public was invited to provide input regarding the content of the draft maps that had been published at least seven (7) days before the meetings, and the proposed sequence of elections, and the Board considered and discussed the same; and WHEREAS, after the public hearing on October 14, 2020, 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; and WHEREAS, on November 4, 2020, after the public hearing, the Board of Directors narrowed its consideration to Maps 103b and 103c and requested that an alternative sequencing of elections be provided for these maps; and WHEREAS, draft maps 103b and 103c were republished on November 9, 2020 on the District's website with the original potential sequencing of elections and the alternative requested by the Board of Directors; and WHEREAS, on November 16, 2020, the Board of Directors held a fifth public hearing after which it selected Map 103c as the by-division electoral plan for the District and adopted the following sequence of elections published 3 November 16, 2020 Special Board Meeting Agenda Packet- Page 59 of 63 Page 40 of 43 Resolution No. 2020-053 (Option F) Central Contra Costa Sanitary District Page 4 of 7 therewith, to wit, Divisions 2 and 3 on the ballot in 2022, and Divisions 1, 4, and 5 on the ballot in 2024; and WHEREAS, the District engaged in public outreach and engagement as suggested by California Elections Code section 10010(a)(1); and WHEREAS, the Board of Directors will adjust the boundaries of the Director Divisions in accordance with Elections Code section 22000 and Health & Safety Code section 6592 upon receipt of the 2020 Census tabulations and in connection with that process, members of the public will have additional opportunities to comment on the configuration of the director divisions adopted in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF CENTRAL CONTRA COSTA SANITARY DISTRICT: SECTION 1. RECITALS ARE TRUE AND CORRECT. The above recitals are true and correct and form the basis of this Resolution. SECTION 2. PURPOSE AND AUTHORITY. The purpose of this Resolution is, pursuant to California Elections Code section 10010, to change the method for the election of members of the Board of Directors of the Central Contra Costa County Sanitary District from at-large to by-division in five (5) single-member divisions commencing with the 2022 elections for Board of Directors, and thereafter until changed in accordance with law. This Resolution is adopted pursuant to the District's authority under California Elections Code section 10010 and California Elections Code section 10650. SECTION 3. BY-DIVISION ELECTORAL SYSTEM FOR FIVE DIRECTORS. Pursuant to California Elections Code Sections 10010 and 10650, and except as provided in Section 5(a), below, Directors shall be elected by-divisions in five (5) divisions as that term is defined in Health & Safety Code section 6591(b), meaning "the election of each member of the district board by voters of only the respective election division". 4 November 16, 2020 Special Board Meeting Agenda Packet- Page 60 of 63 Page 41 of 43 Resolution No. 2020-053 (Option F) Central Contra Costa Sanitary District Page 5 of 7 SECTION 4. DIVISIONS. (a) Subject to subsection (b) of this section, the divisions shall be as reflected in the map attached hereto as Exhibit A, which is incorporated herein by this reference. (b) In accordance with Health & Safety Code section 6592 and Elections Code section 22000, after release of the 2020 Census tabulations the District General Manager shall cause the map attached as Exhibit A to reviewed for compliance with all applicable laws including requirements for relatively equal population in the divisions and the federal Voting Rights Act. (c) The General Manager shall advise the Board of Directors of the results of the review required pursuant to subsection (b) of this section and propose to the Board of Directors a process and timeline for making such adjustments to the division boundaries as may be necessary to bring the map into compliance with law or as otherwise deemed appropriate in the discretion of the Board of Directors. (d) If necessary to facilitate the implementation of this Ordinance, the General Manager or his or her designee is authorized to make technical adjustments to the division boundaries that do not substantively affect the populations in the divisions or the eligibility of candidates. The General Manager shall consult with the District General Counsel concerning any technical adjustments deemed necessary and shall advise the Board of Directors of any such adjustments required in the implementation of the divisions. (e) The divisions specified in subsection (a) shall continue in effect until they are amended or repealed in accordance with law. SECTION S. TERM OF OFFICE AND ELECTIONS. (a) A Director in office at the time this resolution takes effect shall continue in office until the expiration of the full term to which he or she was elected or appointed and until his or her successor is qualified. If vacancies in Director offices elected at-large occur before expiration of the full term thereof, such vacancies may be filled according to law from the District at-large. (b) Upon expiration of the full term of each Director elected at-large, that Director's successor shall be elected only on a by-division basis in the divisions 5 November 16, 2020 Special Board Meeting Agenda Packet- Page 61 of 63 Page 42 of 43 Resolution No. 2020-053 (Option F) Central Contra Costa Sanitary District Page 6 of 7 established by this Resolution, as may be modified in accordance with Section 4(c) of this Resolution. A vacancy in a Director office elected or appointed by- division shall be filled according to law by a person qualified to hold the office, who lives, and is a registered voter, in the division. (c) In November 2022, Directors shall be elected for Divisions 2 and 3. (d) In November 2024, Directors shall be elected for Divisions 1, 4, and 5. (e) Except as provided in subsection (a) of this section, the Director elected to represent a division must live in that division and be a registered voter in that division, and any candidate for Director must live in and be a registered voter in, the division in which he or she seeks election at the time nomination papers are issued, pursuant to California Health & Safety Code section 6591(f) and California Elections Code section 10227. SECTION 6. EXEMPTION FROM CEQA. The Board of Directors finds that the actions taken in this Resolution are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be said with certainty that there is no possibility that the activity in question may have a significant effect on the environment. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The Board of Directors of the Central Contra Costa County Sanitary District hereby declares that it would have passed this resolution and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 8.ADMINISTRATIVE IMPLEMENTATION. The General Manager is authorized and directed to establish appropriate administrative procedures consistent with the provisions of this resolution and to take reasonable and appropriate action to fully implement the provisions of this resolution. 6 November 16, 2020 Special Board Meeting Agenda Packet- Page 62 of 63 Page 43 of 43 Resolution No. 2020-053 (Option F) Central Contra Costa Sanitary District Page 7 of 7 SECTION 9. REPEAL. The Board of Directors reserves the right to repeal this resolution or re- establish at-large elections in accordance with law should the CVRA be declared illegal, or as may be in the best interests of the District. PASSED AND ADOPTED this _th day of November, 2020, at a special meeting of the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: 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 Central Contra Costa Sanitary District, County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Esq. District Counsel 7 November 16, 2020 Special Board Meeting Agenda Packet- Page 63 of 63