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Minutes - CAC - 2018-06-20 ��,SANIT,I�y A. 9 \c°R�OR0* COSTA MESA SANITARY DISTRICT MINUTES OF CITIZENS ADVISORY COMMITTEE MEETING JUNE 20,2018 Members present Andrew Nielson, Elodie Katz, Jana Oak, Mike Carey, Mike Mcllroy, Monte Fields, Phil Marsh, Sue Lester, Tom Brenneman Members absent Albert Graham, Jr., Shayne Smith Board of Directors present Arlene Schafer Staff present Scott Carroll (General Manager), Alan Burns (District Counsel), Noelani Middenway (District Clerk) Others present Deborah Diep (Cal State Fullerton Center for Demographic Research), Jim Mosher (resident) Meeting called to order at 6:04 P.M. A. Opening Items Procedural: 1. Call to Order Chairman Carey called the meeting to order at 6:04 P.M. ISI Procedural: 2. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence — such determination shall be the permission required by law.) District Clerk, Noelani Middenway, conducted roll call and noted that Andrew Nielson, Elodie Katz, Mike Carey, Mike Mcllroy, Phil Marsh, Sue Lester, and Tom Brenneman were present. B. Public Comments Procedural 1: Public Comments - This time has been set aside for persons in the audience to make comments on items within the subject matter jurisdiction of the Costa COSTA MESA SANITARY DISTRICT PAGE 2 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JUNE 20, 2018 Mesa Sanitary District that are not listed on this agenda. Members of the public will have the opportunity to address the Board of Directors and Citizens Advisory Committee about all other items on this agenda at the time those items are considered. Under the provisions of the Brown Act, the Board of Directors and Citizens Advisory Committee are prohibited from taking action on oral requests but may refer the matter to staff or to a subsequent meeting. The Board of Directors will respond after public comment has been received. Please state your name. Each speaker will be limited to four(4) continuous minutes. Chairman Carey opened public comments. Jim Mosher, a resident, provided public comments. He noted that based on the handout provided, the meeting seems to have been expected to be a joint meeting between the Citizens Advisory Committee (CAC) and the Board of Directors. Mr. Mosher noted that the meeting was not noticed as a joint meeting and he encouraged the CAC to provide the District with feedback regarding their website. Seeing no one else wishing to speak, Chairman Carey closed public comments. C. Approval of Prior Meeting Minutes Action: 1. Approve the Citizens Advisory Committee Meeting Minutes of May 15, 2018 Recommendation: That the Citizens Advisory Committee approves the meeting minutes as presented. Chairman Carey presented the meeting minutes for May 15, 2018. CAC Member, Sue Lester, commented that it would be helpful if the minutes identified the CAC Members who are providing comments for the purposes of clarity and tracking. Ms. Lester added that it may be helpful for CAC Members to state their name before commenting in order to assist staff in recording the minutes. Motion: To approve the Citizens Advisory Committee Meeting Minutes of May 15, 2018 as presented. Motion by Andrew Nielson, second by Phil Marsh. Final Resolution: Motion Carries 7-0-4 Aye: Andrew Nielson, Elodie Katz, Mike Carey, Mike Mcllroy, Phil Marsh, Sue Lester, Tom Brenneman Not Present: Albert Graham, Jr., Jana Oak, Monte Fields, Shayne Smith There was no further discussion. Action: 2. Approve the Minutes of the Joint Board of Directors and Citizens Advisory Committee Special Meeting of May 31, 2018 COSTA MESA SANITARY DISTRICT PAGE 3 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JUNE 20, 2018 Recommendation: That the Citizens Advisory Committee approves the meeting minutes as presented. Chairman Carey presented the meeting minutes for May 31, 2018. Motion: To approve the Joint Board of Directors and Citizens Advisory Committee Special Meeting of May 31, 2018 as presented. Motion by Sue Lester, second by Andrew Nielson. Final Resolution: Motion Carries 7-0-4 Aye: Andrew Nielson, Elodie Katz, Mike Carey, Mike Mcllroy, Phil Marsh, Sue Lester, Tom Brenneman Not Present: Albert Graham, Jr., Jana Oak, Monte Fields, Shayne Smith There was no discussion on this item. CAC Member, Monte Fields, entered the meeting at 6:10 P.M. CAC Member, Jana Oak, entered the meeting at 6:11 P.M. D. Public Hearing Procedural: 1. Open Public Hearing Chairman Carey opened the public hearing and invited demographer, Deborah Diep of the Center for Demographic Research, to provide a presentation. Presentation: 2. Receive a Presentation from Demographer, Deborah Diep, Director of Center for Demographic Research, on the Proposed Maps and Receive Input Regarding Potential Transition to By-District Elections Ms. Diep prefaced her presentation by explaining that the District is undertaking this districting process because the District received a letter alleging that voter dilution and racially polarized voting were occurring in the District due to its District at- large t- lar a election system. She noted that theenter g y t ct h as opted to a safe harbor process to determine what steps should be taken to address the issues raised in the letter. Ms. Diep provided an overview of the districting process timeline, including the required public hearings. She explained that the CAC will be reviewing and discussing the proposed district maps and standardized versions of those maps. Ms. Diep noted that it is proposed that the election sequencing coincide with the existing staggered terms of the current Board of Directors. She noted that if adopted, the new divisions would take effect in the 2020 election cycle, where 2 divisions would be up for election in 2020 and 3 divisions would be up for election in 2022. Ms. Diep provided an overview of each of the proposed district maps (A through F) and shared the following information: proposed map A has a population spread of 8.34%, B has a population spread of 5%, C has a population spread of 3.28%, D has a population spread of 33.11% (which is considered not viable), E has a population spread of 12.58% (but due to its proximity to the 10% threshold, the Center for Demographic Research was COSTA MESA SANITARY DISTRICT PAGE 4 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JUNE 20, 2018 directed to create a revision of map E to make it viable), F has a population spread of 4.12%, and the revision to map E has a population spread of 3.55%. She then discussed redistricting criteria in order to assist the CAC in assessing and prioritizing the proposed maps. Ms. Diep proposed methods of scoring the maps based on their population spread, geography, compactness, and communities of interest. Procedural: 3. Receive Comments CAC Member, Monte Fields, inquired about the significance of the District's pump station locations in regards to assessing the maps. CAC Member, Sue Lester, commented that the pump station locations may have been included in an effort to share information and perhaps to find out if they were evenly distributed throughout the service area. She noted that the pump stations are located in areas where they are needed for operational purposes. Ms. Lester then inquired whether the Board of Directors can reject the CAC's recommended division map. Ms. Diep responded that the Board of Directors may accept the CAC's recommendation or select another action. She noted that due to the public hearing timeline, no new proposed maps would be submitted without the CAC having the opportunity to review, consider, or modify them. Ms. Lester explained that the City of Costa Mesa went through a similar process to receive a recommended districting map from a committee. She noted that after the City Council received the committee and staffs recommendation, a Council Member submitted a proposed map at the last minute and the City Council voted on and approved the Council Member's map. District Counsel, Alan Burns, commented that the Board of Directors will select one of the maps that the CAC discusses and reviews. Ms. Diep encouraged the CAC to discuss proposed revisions tonight, if possible, • due to the compressed timeline of the process. CAC Member, Elodie Katz, inquired whether it would be optimal to have a Latino majority in one of the divisions in order to increase their representation. Mr. Burns noted that the ethnic share of division populations is a factor that can be considered. ISI Ms. Diep added that race should not be the only factor considered. She emphasized the importance of achieving near-equal population within each division. Ms. Lester commented that she liked proposed map C because it has a low population spread of 3.28% and Division 5 contains a Hispanic/Latino Citizen COSTA MESA SANITARY DISTRICT PAGE 5 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JUNE 20, 2018 Voting Age Population (CVAP) majority. She commented that map C was the strongest proposed map in its current state. Ms. Lester indicated concern in regards to the accuracy of the population data provided, since it is based upon census data that is collected once every 10 years. She recommended that the division numbers be modified so that Division 1 begins either in the North or South of the service area. CAC Member, Andrew Nielson, indicated agreement with Ms. Lester. He noted that map B is similar to map C. Mr. Nielson requested that all of the maps be displayed on the screen for review by the CAC. Ms. Diep noted that the division numbering may change in order to reflect the staggered elections. Mr. Nielson commented that plan E has the most irregular boundaries. CAC Member, Monte Fields, inquired about the CAC's views on how owner- occupied (as opposed to renter-occupied) areas are divided on the proposed maps. Ms. Katz noted that she made some considerations of owner-occupied and renter-occupied areas in her proposed map. She also noted that multifamily residences do not receive trash collection service from the District, which is also a consideration. CAC Member, Jana Oak, inquired about the location of the Orange County Fairgrounds in map C. Ms. Lester commented that she did not consider owner-occupied versus renter- occupied areas in her assessment. She commented that all residents should have equal opportunities for representation, whether or not they receive District services. Mr. Nielson asked if anyone sees a community of interest that is being divided in maps B or C. Ms. Oak commented that map B's divisions align with the geography of the city. Discussion followed regarding the division of businesses and neighborhoods in maps B and C. CAC Member, Tom Brenneman, commented that he prefers map B over map C because map C divides up the east side. He commented that he attempted to keep neighborhoods, areas with concentrations of ethnic populations, and business centers together in his proposed map (A). He indicated that if he had to choose one of the maps, he would choose map B. COSTA MESA SANITARY DISTRICT PAGE 6 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JUNE 20, 2018 Mr. Nielson commented that based on the allegations in the letter received by the District, it may be worthwhile to attempt to create a minority majority district. He noted that this seems to be achieved by maps B and C. Mr. Nielson indicated that he prefers maps B and C. Mr. Fields asked if any other CAC Members would like to share their reasoning for how they created their proposed maps. Ms. Lester noted that she understands the idea of wanting to keep neighborhoods together, but noted that there are also advantages to splitting neighborhoods into different divisions. Chairman Carey indicated that he likes map B due to its symmetry and the division along Newport Boulevard. Mr. Fields asked if this districting process will impact trash collection routes. General Manager, Scott Carroll, noted that it will not impact trash collection routes or service operations. Mr. Nielson asked if Ms. Diep could address election sequencing and how that would impact the 2020 election. Ms. Diep noted that Vice President Ferryman and Director Perry are up for election in 2020. She noted that if they reside in different districts, it is likely that those 2 districts would be the first districts that are up for election in 2020. Consequently, she explained that the remaining 3 districts would be up for election in 2022. Ms. Diep noted that if two or more Board Members resided in the same district at the time that the district was up for election, they would have to run against each other. Ms. Lester commented that the locations of the current Board Members' residences should not be taken into consideration when assessing and recommending the district map. Chairman Carey asked if the CAC could modify the division numbers within their recommended map. Ms. Diep noted that the CAC can make suggestions for the division numbers, but she noted that the Board of Directors and staff may decide to assign numbers to the divisions based on the election sequencing. She explained that it is common to assign odd and even numbers to the divisions, based on which divisions are up for election in a given year. Discussion followed regarding the assignment of division numbers. COSTA MESA SANITARY DISTRICT PAGE 7 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JUNE 20, 2018 Ms. Lester commented that she likes the population breakdown associated with map C, but noted that she likes the layout of map B. She inquired if adjustments can be made to map B in order to reduce the population spread. Ms. Katz commented that she altered map B in order reduce the population spread and that is how she created map C. Ms. Diep noted that district boundaries may be re-assessed or adjusted after the next decennial census. Mr. Brenneman and Mr. Nielson inquired whether the CAC has a consensus with map B. Ms. Lester asked when the deadline for proposing revisions to any of the maps is. Ms. Diep suggested that the CAC assess the map of choice (B) now and determine what modifications may need to be made. Discussion followed regarding the population spread within map B, particularly the divisions with the highest variance from the target population (1 and 4). Mr. Nielson exited the meeting at 7:12 P.M. For demonstration purposes, Ms. Diep modified map B according to the CAC's direction in order to attempt to reduce the variance. Discussion followed regarding whether it is worth modifying map B to achieve a reduced variance, as opposed to retaining the maps geographical divisions and keeping communities of interest intact. Chairman Carey noted that the CAC did not indicate support for modifying map B. Mr. Brenneman asked how the District has distributed information about the districting process to the public. Chairman Carey noted that the information is available online on the District's website. Mr. Carroll shared that the District is publicizing the process through the website, social media, and newspaper media coverage. Ms. Lester suggested that the District work with the City of Costa Mesa to include the districting information in the Costa Mesa Minute. The CAC indicated support for moving forward with map B as is. COSTA MESA SANITARY DISTRICT PAGE 8 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JUNE 20, 2018 Ms. Lester suggested that division 4 be changed to 1 and division 3 be changed to 2, in order to assign even numbered divisions to the Board Members that will be up for election in 2020. Ms. Diep noted that none of the division numbers will be changed until the Board of Directors approve a map. Chairman Carey noted that the CAC will gather further public input and prepare to make their recommendation. Chairman Carey opened public comments. Jim Mosher, a resident, provided comments. He indicated that he agrees with Ms. Lester's comment that the residences of the current Board Members should not be considered in assessing the proposed maps. Additionally, Mr. Mosher commented that the CAC should make recommendations regarding the division numbers, regardless of which Board Members will be up for election in 2020. He suggested that the CAC introduce the idea of term limits for the District's Board of Directors. Mr. Mosher commented that sewer and trash districts are primarily function-oriented, which seems more compatible with an at-large election system. He indicated that map B is a good map, and noted that it may not be necessary to strive for a reduced variance since the population data is based upon 2010 census data that may not be currently accurate. Lastly, Mr. Mosher suggested utilizing the method of limited voting rather than changing from an at-large to by-district election system. Mr. Burns noted that the District is being threatened with a lawsuit, which may be lost if the District does not adopt the by-district election method. Additionally, he noted that the Orange County Registrar indicated that the limited voting method is not certified for use in California. Ms. Diep added that the District does not have enough time to enact the districting process and establish divisions prior to the 2018 elections. She added that although the CAC indicated support for map B, the District is still required to hold 2 public hearings on the matter. Ms. Lester clarified that in order to vote within a division, one must live in that division. Additionally, she asked if term limits are associated with the current discussion about the districting process. Ms. Diep noted that the discussion of term limits is not included in the districting process, but she noted that the CAC can take it up for discussion as a separate matter. Seeing no one else wishing to speak, Chairman Carey closed public comments. COSTA MESA SANITARY DISTRICT PAGE 9 MINUTES OF THE CITIZENS ADVISORY COMMITTEE MEETING HELD JUNE 20, 2018 Procedural: 4. Close the Public Hearing Chairman Carey closed the public hearing. E. Closing Items Procedural 1: Oral Communications & Director Comments Ms. Lester congratulated the District on its 7th consecutive Certificate of Excellence in Financial Reporting from the Government Finance Officers Association (GFOA). Additionally, she commented that the public meeting agendas and minutes are available in two places on the District's website. Ms. Katz asked if the CAC should continue reviewing all of the proposed maps. Ms. Diep suggested that the CAC look at the 5 viable maps (A, B, C, F, E revision), excluding maps D and E. Discussion followed regarding dividing into districts and making districting information available to the public. Procedural: 2. Adjourn Chairman Carey adjourned the meeting at 7:40 P.M. Mike Carey Citizens Advisory Committee Cha'