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HomeMy WebLinkAbout02.a. Approve minutes of Special meeting held 11-16-20 Page 1 of 5 Item 2.a. CENTRALSAN jdf A- hom CENTRAL CONTRA COSTA SANITARY DISTRICT December 3, 2020 TO: HONORABLE BOARD OF DIRECTORS FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT SUBJECT: NOVEMBER 16, 2020 SPECIAL BOARD MEETING MINUTES Attached are the draft minutes of the above Board meeting. ATTACHMENTS: 1.Draft Minutes of 11-16-20 Special meeting December 3, 2020 Regular Board Meeting Agenda Packet- Page 7 of 106 Page 2 of 5 CENTRAL SAN CENTRAL •NTRA COSTA SANITARY DISTRICT 5019 • MINUTES* BOARD OF DIRECTORS: MICHAEL R.MCGILL President SPECIAL BOARD MEETING TAD J PILECKI Multi-Purpose Room President Pro Tent Wednesday, November 16, 2020 PAUL H.CAUSEY 3'30 p.m. DAMESVID AWILLIDLY MS DRAFT 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 3:30 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 fifth 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 No members of the public made any comments; however, Member Nejedly asked to comment on a statement made in President McGill's opening remarks that the Board decided at the August 20, 2020 meeting to transition to an area-based election system. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. 1 December 3, 2020 Regular Board Meeting Agenda Packet- Page 8 of 106 Page 3 of 5 CENTRAL CONTRA COSTA SANITARY DISTRICT November 16, 2020 Special Board Meeting Minutes—Page 2 In his view, that was not a factual statement because that decision was essentially forced upon the Board based on a threat of litigation under the CVRA from an attorney based in Southern California on behalf of clients in another state. 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 two draft maps with six options for election sequencing, all of which had been published on the District's website seven days before this meeting. He said another public hearing was scheduled for November 17, if needed, for the Board to adopt a final map setting forth Director division boundaries and sequence of elections within the safe harbor period. Member Pilecki noted that whatever map is adopted during this process will be able to be altered in 2021 after the 2020 Census data becomes available. He asked if the election sequencing schedule also could be changed in 2021. Ms. Leoni said that if, hypothetically, Divisions 1 and 2 are to be up in 2022 and Divisions 3, 4 and 5 are to be up in 2024, that decision may not be altered. However, the areas originally designated as Division 1 or 2 could be re-designated as another division, causing the election for that division to be in a different year. Member Causey asked staff to reiterate the information provided at the Finance Committee meeting held earlier in the day concerning how much the redistricting effort has cost to date and how much is anticipated to be spent going forward. Director of Finance and Administration Phil Leiber reported that the tabulation of expenses thus far was approximately$245,000. With legal bills anticipated for November and miscellaneous other costs, the total is expected to be more than $250,000 for this effort. Member Causey commented that the process has turned out to be very costly. President McGill opened the public hearing. There being no public comment, the hearing was closed. BOARD ACTION: Held the public hearing. OTHER BOARD ACTION ITEMS 4. 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 map and an election sequencing schedule December 3, 2020 Regular Board Meeting Agenda Packet- Page 9 of 106 Page 4 of 5 CENTRAL CONTRA COSTA SANITARY DISTRICT November 16, 2020 Special Board Meeting Minutes—Page 3 Member Williams recapped that over this series of public hearings, a handful of members of the public made comments that focused on keeping the Lamorinda area intact because of the closeness of those three communities and the services they share. There were comments that it is healthy to have competition for public offices and comments about having city boundaries adhered to as much as possible. Throughout the hearings, it was learned from the 2010 Census data that with so few minority pockets within the service area, there was no division with a clear majority- minority at this time. In his opinion, Map 103b with the new sequencing as set forth in proposed resolution Option C, affirmatively addressed all public comments received. Member Causey said it was important to recognize that San Ramon also has been kept whole in both map options under consideration, and Divisions 4 and 5 may be very different once the 2020 Census data is known. He also pointed out that any map adopted during this series of hearings would not necessarily be the map used to determine divisions for the 2022 election because it will be updated in 2021 based on the new census data. Member Nejedly commented that he voted against making the transition to a district- based electoral system, a decision that is expected to cost more than $250,000, and more costs will be incurred when the issue is revisited again in 2021. He said the transition represents a poor use of the legal system by allowing attorneys to sue public agencies and essentially force them to do something about which the moving party presumably does not care. He remarked that this transition would be an "absolute travesty"for Central San. Member Williams said he respected the comments made by Member Causey that the map adopted at this meeting will not be the final map used for the 2022 election. However, he said a good portion of the monies spent in getting to this point would not be wasted because the adopted map will be available for modification based on the 2020 Census data, and that map will be used in the 2022 election. He fully agreed with the comments made by Member Nejedly but believed the public should understand the options the Board was faced with when deciding to move to division- based elections. Because of the way the CVRA legislation is structured, not making the transition would have been a losing venture, potentially costing up to $2 million to challenge and, even if the District prevailed, similar litigation from other attorneys seeking to do the same thing would be a continuing threat. Therefore, as reluctant as the Board was to move forward with this transition, ultimately, it was a business decision. In response to a question from Member Causey, Ms. Leoni confirmed that the action to adopt a map and schedule of election sequencing required a majority vote. BOARD ACTION: Motion was made by Member Williams and seconded by Member Pilecki to adopt proposed resolution Option C (Map 103b with the following election sequencing schedule: Divisions 2 and 3 on the ballot in December 3, 2020 Regular Board Meeting Agenda Packet- Page 10 of 106 Page 5 of 5 CENTRAL CONTRA COSTA SANITARY DISTRICT November 16, 2020 Special Board Meeting Minutes— Page 4 2022, and Divisions 1, 4 and 5 on the ballot in 2024). Motion passed by the following roll call vote: AYES: Members: Nejedly, Pilecki, Williams, McGill NOES: Members: Causey ABSTAIN: Members: None 5. Provide direction to staff to either (1) proceed with a further public hearing and meeting on November 17, 2020 to adopt a resolution selecting a final division-based map and election sequencing schedule, or (2) cancel that scheduled hearing and meeting if a resolution has been adopted BOARD ACTION: Motion was made by Member Causey and seconded by Member Williams to cancel the scheduled hearing on November 17, 2020 now that a resolution has been adopted. Motion passed by the following roll call vote: AYES: Members: Causey, Nejedly, Pilecki, Williams, McGill NOES: Members: None ABSTAIN: Members: None ANNOUNCEMENTS None. ADJOURNMENT The meeting was adjourned at 3:55 p.m. Michael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California December 3, 2020 Regular Board Meeting Agenda Packet- Page 11 of 106