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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: fit' qO" Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California