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Monday, March 14, 2022
Board of Directors Special Meeting
Time: 4:30 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING THE MARCH 14, 2022 SPECIAL BOARD MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with
State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and paste the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 838 2787 4087
3. Click "Join."
***
To join the meeting with a mobile device:
1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for
Apple devices)
2. Open the Zoom app. Select "Join a Meeting."
3. Enter Zoom Meeting ID. Select "Join Meeting."
***
To join the meeting by phone:
1. Call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 838 2787 4087#
3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this
step.
***
Public Comments: Members of the public can submit any comments in real time during the meeting
or prior to the meeting in writing for the Board of Directors' consideration by sending them to the
District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part
of the official public record of the meeting.
***
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of
the agenda packet. If any document or other writing pertaining to an agenda item is distributed to
all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained
from the District Clerk's Office.
***
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. OPENING ITEMS
1. 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.)
B. 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 Mesa Sanitary District that are not listed on this agenda.
Members of the public will have the opportunity to address the Board of Directors 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 is prohibited from taking action on oral requests but may refer the matter to staff or to a
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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.
1. Public Comments
C. PUBLIC HEARING
1. Open Public Hearing to Consider Voting Division Adjustments After Decennial Census
2. Receive Comments
3. Close the Public Hearing
D. CLOSING ITEMS
1. Oral Communications and Director Comments
2. Adjournment
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Monday, March 14, 2022
Board of Directors Special Meeting
Time: 4:30 p.m.
Location: Costa Mesa Sanitary District - 290 Paularino Ave., Costa Mesa, CA 92626
***
IMPORTANT NOTICE REGARDING THE MARCH 14, 2022 SPECIAL BOARD MEETING
This hybrid in-person and teleconferenced meeting will utilize electronic means consistent with
State of California Assembly Bill 361 (Gov. Code § 54953(b)(3)).
***
The livestream of the meeting can be viewed by clicking the "Video" icon on this page (which will be
made available at the start of the meeting) or by visiting www.youtube.com/CostaMesaSanitary.
***
To participate in the meeting by computer:
1. Copy and paste the following into your browser - https://us02web.zoom.us/join
2. Enter the Meeting ID number - 838 2787 4087
3. Click "Join."
***
To join the meeting with a mobile device:
1. Download the Zoom app at the Google Play Store (for Android devices) or the App Store (for
Apple devices)
2. Open the Zoom app. Select "Join a Meeting."
3. Enter Zoom Meeting ID. Select "Join Meeting."
***
To join the meeting by phone:
1. Call 1-669-900-6833.
2. You will be asked to enter the Meeting ID number. Dial 838 2787 4087#
3. Lastly, you will be asked to enter your Participant ID. Press the # symbol again to bypass this
step.
***
Public Comments: Members of the public can submit any comments in real time during the meeting
or prior to the meeting in writing for the Board of Directors' consideration by sending them to the
District Clerk, Noelani Middenway, at nmiddenway@cmsdca.gov. Those comments will be made part
of the official public record of the meeting.
***
Obtaining Agenda Materials: The public is entitled to copies of all documents that are made part of
the agenda packet. If any document or other writing pertaining to an agenda item is distributed to
all or a majority of the Board after the packet is prepared, a copy of that writing may be obtained
from the District Clerk's Office.
***
In Compliance with ADA: Contact District Clerk, Noelani Middenway, at (949) 645-8400, 48 hours
prior to meeting if assistance is needed (28 CFR 35.102.35.104 ADA Title II).
A. OPENING ITEMS
Subject 1. 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.)
Meeting Mar 14, 2022 - Board of Directors Special Meeting
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Robert Ooten, President
Michael Scheafer, Vice President
Arlene Schafer, Secretary
Arthur Perry, Director
Brett Eckles, Director
Type Procedural
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B. 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
Mesa Sanitary District that are not listed on this agenda. Members of the public
will have the opportunity to address the Board of Directors 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 is 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.
Subject 1. Public Comments
Meeting Mar 14, 2022 - Board of Directors Special Meeting
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C. PUBLIC HEARING
To: Board of Directors
From: Alan Burns, District Counsel
Date: March 14, 2022
Subject: Consider Voting Division Adjustments After Decennial Census
Summary
This second public hearing is part of the process of reviewing our voting map after the Federal Decennial Census. After conducting the
second hearing, the Board may adopt the resolution adopting the revised districts.
Recommendation
That the Board of Directors:
1. Conduct a public hearing to consider voting division adjustments after decennial census; and
2. After conducting the second public hearing, adopt the resolution incorporating the map proposed by our demographer (with
adjustments to the boundaries to account for population changes) for the Districts 2022 election.
Analysis
The Federal Voting Rights Act and the California Voting Rights Act authorized challenges to at-large voting if they caused “vote dilution”
of protected classes. In response to a challenge received in 2018, the District adopted a by-division voting system so that protected
classes would be better able to elect their preferred candidates or otherwise “Influence” elections by eliminating vote dilution. The District
held five public hearings and utilized the Citizens Advisory Committee to assist it in creating the maps. The Board considered seven
different maps. The divisions are required to be roughly equal in population, with no more than a 10% variance in population between
divisions. After considerable public outreach, the Board adopted the map that created the existing voting divisions.
Any entity adopting such a map must review the map after each Federal Decennial Census and make adjustments based on population
changes. The Census was delayed this year due to COVID, and the Legislature has established a compliance date for map adjustment of
April 17, 2022. The 2020 Federal Census shows just enough change in the District’s population to warrant an adjustment to two divisions.
CMSD's demographer, Deborah Diep of the Center for Demographic Research (CDR), was able to adjust two divisions to make the
divisions roughly equal again (and within the 10% variance allowance). This is the map we are recommending for adoption tonight.
Legal Review
This report was prepared by District Counsel with assistance from demographer, Deborah Diep of the CDR.
Environmental Review
Consideration for adjusting voting divisions is an administrative matter and not a disturbance of the environment similar to grading or
construction and not a project under CEQA or the District’s CEQA Guidelines.
Financial Review
Work performed by CMSD's demographer to review and adjust voting division maps is estimated at $10,000. There is adequate funding
in the budget for this expense.
Subject 1. Open Public Hearing to Consider Voting Division Adjustments After Decennial
Census
Meeting Mar 14, 2022 - Board of Directors Special Meeting
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Type Action
Recommended Action That the Board of Directors:
1. Conduct a public hearing to consider voting division adjustments after decennial census;
and
2. After conducting the second public hearing, adopt the resolution incorporating the map
proposed by our demographer (with adjustments to the boundaries to account for population
changes) for the Districts 2022 election.
Goals 6.0 Administrative Management
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Public Notice Process
Copies of this report are on file and will be included in the complete agenda packet for the March 14, 2022 Board of Directors
regular meeting at District Headquarters and posted on the District’s website.
Alternative Actions
If the Board desires, additional Plans can be prepared and hearings held.
File Attachments
Voting Divisions Map Plan 1.pdf (1,053 KB)
CMSD2022_Plan_1_packet.pdf (1,434 KB)
CMSD_ExistingConditions_20220201.pdf (8,280 KB)
CMSD_Redistricting_2022.02.28.pptx (6,638 KB)
reso_2022-956.pdf (125 KB)
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C. PUBLIC HEARING
Subject 2. Receive Comments
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C. PUBLIC HEARING
Subject 3. Close the Public Hearing
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D. CLOSING ITEMS
Subject 1. Oral Communications and Director Comments
Meeting Mar 14, 2022 - Board of Directors Special Meeting
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D. CLOSING ITEMS
Subject 2. Adjournment
Meeting Mar 14, 2022 - Board of Directors Special Meeting
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Type Procedural