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Ord 2022-134ORDINANCE NO. 134 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT ADDING CHAPTER 3.04 TO THE COSTA MESA SANITARY DISTRICT OPERATIONS CODE REFLECTING THE CHANGE TO THE DISTRICT'S ELECTORAL SYSTEM FROM AT -LARGE TO BY -DIVISION ELECTIONS WITH RESPECT TO ELECTING BOARD MEMBERS, ESTABLISHING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICT WHEREAS, the District previously elected board members pursuant to an at -large electoral system; and WHEREAS, under an at -large electoral system, candidates may reside in any part of the District and each director is elected by voters of the entire district; and WHEREAS, in a "by -division" election system, a candidate for the Board of Directors must reside within the division that he or she desires to represent, and only the voters of that division may vote to decide who the representative will be; and WHEREAS, in 2018 the District received a letter from the law firm of Shenkman & Hughes asserting that the District's at -large election system violated the California Voting Rights Act (Elections Code section 14025 et. seq.) by diluting the vote of protected classes, and threatened litigation to show racially polarized voting if the District did not adopt a "by -division" electoral system in which each director is elected by voters in the division in which the candidate resides; and WHEREAS, said letter did not contain proof of racially polarized voting or vote dilution for protected classes, but because the proof requirement is so low and the cost to defend so high, the Board determined to pursue a "by -division" electoral system; and WHEREAS, the Legislature availed itself of the safe harbor provision which limits the amounts of attorney's fees and costs (reimbursements) that can be collected, provided a public agency follows the procedure set forth in Elections Code §10010; and WHEREAS, the District did follow the procedure in Elections Code §10010 and sent Shenkman & Hughes a letter outlining its plan to study the matter and implement a "by -division" electoral system, and together with its Citizen Advisory Committee, conducted the five public hearings required to implement that system; and WHEREAS, normally changing to a by -division electoral system from an at -large system requires a vote of the people, but Elections Code §10650 provides that a special district may change its electoral system without submitting it to a vote of the people if a resolution is adopted declaring that the change is being made pursuant to that authority in the furtherance of the purposes of the Voting Rights Act of 2001 (Elections Code §14025 et seq.); and WHEREAS, the change to a by -division electoral system could not be implemented until the 2020 elections; and WHEREAS, the Board adopted a by -division map; and WHEREAS, the law provides that those divisions must be updated after the Federal Decennial Census to ensure that the divisions are roughly equal in population, as required by the law; and WHEREAS, the Board did adjust the map after the 2020 Census and adopted a slightly revised map; and WHEREAS, the purpose of this Ordinance is to provide a reference in the Operations Code for a five -division electoral system and to establish the boundaries and sequencing of the elections. NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary District does hereby ORDAIN as follows: Section 1. That Chapter 3.04 is hereby added to the Costa Mesa Operations Code to read: "Chapter 3.04 By -Division Electoral System 3.04.010 Divisions. Pursuant to Elections Code §10650, the Board of Directors adopted this by -division electoral system after receiving a challenge that its at - large system caused minority vote dilution in violation of the California Voting Rights Act. This by -division system was enacted after following the procedure set forth in Elections Code §10650. This Chapter establishes five divisions in the Operations Code. To be elected as a representative from a division, the candidate must reside and be a registered voter from that division. To be entitled to have nomination papers issued, the candidate must reside in the division and be a registered voter in the division. The map that establishes the districts shall be adopted by resolution implementing this Chapter. 3.04.020 Sequencing and Scheduling of Elections. (a) The adoption of the by - division election system did not take effect in time for the Elections Official to process an election before the 2020 election. Those directors whose terms of office expired in 2020 continued to serve on an "at -large" basis until their successor was qualified on a "by -division" basis. In 2020, new divisions were effective and a director whose term expired may run for election in one of those divisions if he or she qualified by residence and being a registered voter within the division. Until 2022 those directors previously elected on an "at -large" basis whose term of office had not expired continued to serve until his or her term expired, and their successor is qualified on a "by -division" basis. In 2022, those directors whose term expired in that year will be eligible to run for those divisions if qualified by residence and by being a registered voter within the division. Thereafter all elections shall be by - division for four-year terms. The Board has now adopted a new map after the 2022 Decennial Census and will do so every ten years, as the law requires. (b) The divisions shall be described in the map which will be an exhibit to a resolution. Members of the Board of Directors shall be elected from Divisions 2 and 4 in November 2020 and every four years thereafter. Members shall be elected from Divisions 1, 3, and 5 in November 2022 and every four years thereafter. The divisions shall be adjusted as required by law and new maps will be adopted when so required by resolution. 3.04.030 Vacancy created by moving out of division. Upon being elected by - division, any director who thereafter terminates residency within the division, shall cause a vacancy in the office. 3.04.040 Establishment of Divisions. Members of the District shall be elected on a by -division basis from the divisions described in the map adopted by implementing resolution, as the same may be supplemented by the Board of Directors or District Clerk, as provided below. 3.04.050 Implementation. A map showing the divisions described in the ordinance codified in this Chapter is set forth as Exhibit A to the current resolution. To the extent there is a conflict between the map and other descriptions of the division boundaries, the map shall prevail. The District Clerk is authorized to make technical adjustments to the boundaries that do not substantively affect the populations of the divisions, the eligibility of the candidates or the residence of elected officials within the divisions. The General Manager and District Counsel shall be consulted concerning those adjustments and the Board shall be made aware of any such adjustments. 3.04.060 Adjustments based on future census. Future adjustments to the boundaries shall be made in accordance with federal and state law applicable, including any adjustments required by each decennial federal census. The map implementing new division boundaries may be attached and incorporated into a resolution adopting the map which shall be kept on file in the District Clerk's office. That map shall be the current map until superseded by a new resolution and map." Section 2. Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Costa Mesa Sanitary District of Orange County, California, hereby declares that each and every section, clause, provision or part of this Ordinance would have been adopted and made a part of this Ordinance without the adoption of any other portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Section 3. Pursuant to Health and Safety Code Sections 6490 and 6494.3, the District Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law. PASSED AND ADOPTED this day of�ffl , 2022. Secretary District Counsel President Section 2. Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Directors of the Costa Mesa Sanitary District of Orange County, California, hereby declares that each and every section, clause, provision or part of this Ordinance would have been adopted and made a part of this Ordinance without the adoption of any other portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Section 3. Pursuant to Health and Safety Code Sections 6490 and 6494.3, the District Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law. PASSED AND ADOPTED this day of 2022. Ze Secretary President I District Counsel