HomeMy WebLinkAboutBOARD MINUTES 11-04-20 (Special, Public Hearing) CENTRAL SAN
CONTRACENTRAL • IMHOFF PLACE, MARTINEZ, CA 9A553-A392
MINUTES* BOARD OF DIRECTORS:
MICHAEL R.MCGILL
President
SPECIAL BOARD MEETING
TAD J PILECKI
Multi-Purpose Room President Pro Tem
Wednesday, November 4, 2020 PAUL CAUSEY
6:00 p.m. ViISDADR wM
Open Session — Multi-Purpose Room
(Video recorded)
NOTICE
1. In accordance with the Governor's Executive Order N-29-20, which suspended
certain requirements of the Brown Act due to the ongoing COVID-19 pandemic,
all Board Members participated in this meeting via teleconference. Members of
the public were provided options to participate in the meeting as provided on
the agenda.
ROLL CALL
A special meeting of the Board of Directors was called to order by President McGill at
6:01 p.m. Secretary of the District Katie Young called roll:
PRESENT(via videoconference): Members: Causey, Nejedly, Pilecki, Williams, McGill
ABSENT: Members. None
PUBLIC HEARING PARTICIPATION
2. President McGill welcomed the attendees and explained that this was the fourth in a
series of public hearings to receive public input regarding the composition of
potential electoral division boundaries as a result of the Board's decision at the
August 20, 2020 meeting to transition to an area-based election system. He
reiterated the ways that members of the public could participate in the live meeting.
PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
None.
These summary minutes are supplemented by a corresponding video recording available on the District's
website at centralsan.org.
Book 68— Page 202
CENTRAL CONTRA COSTA SANITARY DISTRICT
November 4, 2020 Special Board Meeting Minutes—Page 203
PUBLIC HEARING NO. 4
3. Hold public hearing to receive input from the community regarding draft boundary
maps and composition of divisions to be established for division-based elections
pursuant to Elections Code Section 10010
After a brief introduction by General Manager Roger S. Bailey, Douglas Johnson of
National Demographics Corporation reviewed the presentation included with the
agenda material, which included six draft maps that also had been published on the
District's website seven days before this meeting. He said a public hearing was
scheduled for November 16 and another would be held November 17, if needed,
before the Board adopts via resolution a final map setting forth Director division
boundaries and sequence of elections.
Mr. Johnson also noted that this series of public hearings was timed to take place
within the safe-harbor period under the California Voting Rights Act (C VRA) due to
threatened litigation. The Board intends to revisit the issue of setting boundaries
and determining election sequencing again in 2021, after the 2020 Census data
becomes available.
Mr. Johnson said he was seeking feedback from the community and Board
Members to narrow the draft maps down to a smaller pool or request revisions that
would be brought back at the next public hearing. He introduced the following draft
maps:
• Map 101 — Focused primarily on Interstate 680 freeway
• Map 102a — Focused primarily on city boundaries
• Map 102b — Identical to 102a except in the southern portion of the service area
• Map 103a — Focused on city boundaries
• Map 103b — Identical to 103a except in the southern portion of the service area
• Map 103c—Additional map requested at October 14, 2020 hearing
Before opening the public hearing, President McGill asked several questions of
Special Counsel Marguerite Leoni in which it was noted that, absent special
legislation, Central San's Board is limited to five members. She also said the Board
may go into the final public hearing with a preferred map and alternate maps.
President McGill opened the public hearing.
Ms. Young read the following public comments into the record, all of which were
received before the hearing:
Mr. Stephen Maris, Martinez resident (received October 28, 2020 via email)
Mr. Maris expressed his disapproval of area-based elections for Central San,
believing it wastes taxpayer money and serves no legal or moral purpose. He
requested that the home addresses of all Board Members be included on the draft
CENTRAL CONTRA COSTA SANITARY DISTRICT
November 4, 2020 Special Board Meeting Minutes—Page 204
maps. Finally, he was concerned that once electoral divisions are implemented,
incumbents could serve for life if there are no term limits.
Dr. Scott Rafferty, Walnut Creek resident (received November 2, 2020 via email)
Dr. Rafferty's comments covered numerous aspects of division-based elections.
He said division-based elections are not suitable for all special districts. However,
for special districts that control a lot of resources, they may be appropriate. He
advocated for increasing minority political influence, particularly in San Ramon,
noting that it may take several election cycles to achieve the anticipated benefits of
area-based elections in the San Ramon Valley. He also said he found merit in
viewing this process as a trial run and keeping an open mind about how the mapping
might look when the new 2020 Census data is available. Finally, Dr. Rafferty
provided his views on several of the draft maps.
Dr. H. Jay Kerr, San Ramon resident (received November 4, 2020 via email)
Dr. Kerr advocated for keeping the City of San Ramon in a single division. He said
the draft maps that divide San Ramon would make each part of the City a small
portion of an otherwise unrelated region. Being represented by a Board Member
familiar with all of San Ramon would be more advantageous to its citizens.
The following speakers appeared via Zoom and made the following comments:
Ms. Barbara Hockett, Alamo resident, former Central San Board Member, and 2020
Board Member-Elect
Ms. Hockett made the following public comments:
a. The intent of this process was to designate district boundaries so more
people could afford to run and open the opportunity to ethnic minorities and
those who are underrepresented.
b. Is it ethical for a Board to design maps to accommodate where they currently
live or plan to live in the future?
C. What is the election sequence in the future since I will have a seat for four
years and I live in Alamo?
Mr. Johnson said he would respond Ms. Hockett's questions once all public
comments had been received.
Mr. Jim Cervantes, Lafayette resident
Mr. Cervantes acknowledged that he had requested at the September 21, 2020
public hearing that the Lamorinda area be kept within a single division. He
commented on the draft maps, stating that it made little sense to divide different
communities because they lose their sense of identity. He also did not understand
the concept of creating divisions based on freeways. Maps 103b and 103c were the
most optimal in his view.
CENTRAL CONTRA COSTA SANITARY DISTRICT
November 4, 2020 Special Board Meeting Minutes—Page 205
Ms. Chris Spillett, Walnut Creek resident
Ms. Spillett said she would prefer to see the City of Walnut Creek kept together
within a single division. In every draft map, it appeared the City was split among
several divisions.
Ms. Mariah Lauritzen, Concord resident, and 2020 Board Member-Elect
Ms. Lauritzen commented that she would support keeping communities together and
that Maps 103a, 103b and 103c were the best among the maps offered.
There being no further public comment, President McGill closed the public hearing.
Mr. Johnson responded as follows to the questions and public comments:
In response to Ms. Spillett, he said the City of Walnut Creek is too large to be
included in a single division. For that reason, it had to be split on all draft maps.
In response to Ms. Hockett's comments/questions, he said:
a) The primary impetus for the change to division-based elections at Central San
was the demand letter received and the threat of litigation under the CVRA.
He said Ms. Hockett was correct that smaller divisions make it more
affordable to run for the Board. He deferred to the Board to expand on the
question of intent beyond his brief response.
b) In terms of whether it was ethical to consider Board Member residence
locations when drawing draft maps, he said yes. It is very common to avoid
pairings. Ultimately, the voters decide.
c) Regarding sequencing, he said it would be up to the Board to determine
election sequencing when they adopt the final map. Any sequencing at this
point would be proposed, not binding. In this instance, the Board was faced
with the odd dynamic of drawing boundary lines in the midst of an election, he
noted was a little unusual.
Ms. Leoni agreed with Mr. Johnson's responses.
Mr. Alm pointed out that the preliminary results of yesterday's election indicated that
the District would have two new Board Members, Ms. Lauritzen and Ms. Hockett.
He said it seemed appropriate for Mr. Johnson to consider their residence addresses
when preparing the draft maps.
Ms. Leoni said the sequencing on the maps could be changed. The final election
results will be known in the next couple of weeks. If, in the final adoption, the Board
felt the election sequence should be changed, it could do so. Draft maps are
published with potential sequencing; the Board has the discretion to adopt the final
sequence. There is no specific timing before adoption for making the final selection
of the sequencing.
CENTRAL CONTRA COSTA SANITARY DISTRICT
November 4, 2020 Special Board Meeting Minutes—Page 206
In response to a question from President McGill, Ms. Leoni affirmed that the Board
must select a map and final election sequencing simultaneously.
Member Williams expressed appreciation for the public comments. In response to a
question from Member Williams, Ms. Leoni explained that election sequencing
means identifying which divisions are up for election during which election cycle.
Determining which division is up for election does not affect the term of the
incumbent. A division may have two residents on the Board due to sequencing, with
one elected at-large in an earlier election and another elected in a later, area-based
election in the same division, but that would be a transient situation that would end
the next election cycle.
Member Causey noted that whatever map is adopted during this process will be
altered once the 2020 Census data is available. That said, he was generally not
interested in Map 101. With Map 102, he wanted to see the sequencing changed.
He thought Maps 102a and 102b merited further consideration. He was also willing
to consider the 103 series of maps based on the public comments received at this
meeting but felt the sequencing should be revisited to include the two new Board
Members-Elect.
Member Nejedly agreed with Members Williams and Causey in appreciating the
public comments received at the meeting. However, he reiterated his extreme
disappointment that the District has been forced to undergo this transition to area-
based elections, believing it will create a divisionary board and is unfair to the
individual divisions and the District as a whole.
Member Pilecki thanked the members of the public who shared their comments.
He concurred with Member Nejedly that this transition might end up being a major
disaster for the District. The Dublin San Ramon Services District underwent a
similar transition in 2019 and had two districts in the 2020 election where Board
Members ran unopposed and another where no one ran. There could end up being
perpetual appointments in certain divisions.
Member Pilecki concurred with Member Causey regarding Map 101 and the maps in
the 102 series. He preferred 103b and 103c because they keep more communities
together.
President McGill agreed with Member Nejedly, and to some extent with Mr. Maris,
that this transition does not make sense for Central San. Having said that, he
agreed that the Map 103 series made the most sense.
BOARD ACTION: Held the public hearing and received community input.
CENTRAL CONTRA COSTA SANITARY DISTRICT
November 4, 2020 Special Board Meeting Minutes—Page 207
OTHER BOARD ACTION ITEMS
4. Next steps in completing the process of establishing by-division elections pursuant
to Elections Code Sections 10010 and 10650
Ms. Leoni said the memorandum in the agenda material provided the Board with a
path forward as follows:
a) Remove any maps from consideration that were of no interest to any Board
Member.
b) If the Board was prepared to do so, identify a preferred map and alternative
for adoption at the November 16 public hearing.
c) Request changes on a map or a new map, or modifications to sequencing,
which the Board would like to have published for consideration on
November 16. Any proposed changes to the draft maps and sequencing
must be published by November 9, seven days before the hearing.
Member Pilecki made a motion to eliminate Maps 101, 102x, 102b and 103a from
consideration based on the feedback received at this meeting. He also suggested
that a second action be considered to address proposed sequencing.
BOARD ACTION: Motion was made by Member Pilecki and seconded by
President McGill to eliminate from consideration Maps 101, 102a, 102b and
103a and to move forward with maps 103b and 103c only. Motion passed by
the following vote:
AYES: Members: Pilecki, Williams, McGill
NOES: Members: Causey, Nejedly
ABSTAIN: Members: None
With regard to potential sequencing, Member Pilecki proposed that Divisions 2 and 3
come up for election in 2022, and the remaining divisions come up for election in
2024. If approved by the Board, he said this would give the public something to
react to at the next public hearing.
In response to a question from President McGill, Ms. Leoni said any sequencing
proposed at this meeting would not be binding; it should be referred to as "potential
sequencing."
BOARD ACTION: Motion was made by Member Pilecki and seconded by
Member Causey to propose the following sequencing for consideration:
Divisions 2 and 3 come up for election in 2022; and Divisions 1, 4 and 5 come
up for election in 2024. Motion passed by the following vote:
AYES: Members: Causey, Pilecki, Williams, McGill
NOES: Members: Nejedly
ABSTAIN: Members: None
CENTRAL CONTRA COSTA SANITARY DISTRICT
November 4, 2020 Special Board Meeting Minutes—Page 208
President McGill pointed out that Board Members and the public have until
November 6 to provide input to Mr. Johnson on any other maps they would like
developed. Ms. Young said any requests for modifications to the existing maps or
completely new maps should be emailed to her at sod[a)centralsan.org. She will
relay any comments/requests to Mr. Johnson in time for the maps to be published on
the District's website on November 9.
ANNOUNCEMENTS
None.
ADJOURNMENT
The meeting was adjourned at 7:41 p.m.
Dtil.i�.at,�, ►2. Dti1.�Gi(,(,
Michael R. McGill, P.E.
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
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Katie Young
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California