California Special District: Going Green

CA SPECIAL

DISTRICT Publication of the California Special Districts Association

Interview with California Natural Resources Agency Secretary John Laird

Volume 9, Issue 6, Nov - Dec 2014

CSDA Annual Conference & Exhibitor Showcase Recap

This issue will focus on:

Going green

Offering Creative Legal Solutions for Special Districts for More Than 70 Years

BUILDING STRONG COMMUNITIES. Nossaman is a full service public agency law firm based in California. Our strategic partnerships with public, private, and governmental agencies provides us a unique perspective on the law. We know the land. The law. The courts. And the lawmakers.

Nossaman proudly serves as CSDA Bond Counsel, and also provides counsel to special districts in areas such as Municipal Finance, Public Agency Law, Water, Environmental, Land Use, Infrastructure, Employment, Insurance Recovery, Public Policy, and Eminent Domain.

You define success. Together, we make it happen.

MAKING IT HAPPEN.

LOS ANGELES I SAN FRANCISCO I ORANGE COUNTY I SACRAMENTO I WASHINGTON, DC I AUSTIN I ARLINGTON

2

nossaman.com

Volume 9, Issue 6 • November - December 2014

Contents

6

CSDA News

20

Ethics training; affiliated chapters; special district tour

State-local partnership critical for natural resources Interview with Secretary John Laird

5 Professional Development Special District Leadership Academy Conference; Board Secretary/Clerk Conference; Professional development calendar 18 In Brief Facebook provides funds for lifesaving devices; Library district celebrates literacy; New hydration stations in local schools; Hospital hires patient experience officer; Fire district goes solar; Trial water purification project; Therapy through technology; EVMWD uses grant to encourage water conservation

24

Pebble Beach CSD: Innovative Partnerships Reduce Waste at Incredible Levels

28 Solutions & Innovations District’s state-of-the-art building is ahead of the curve 30 Community Connections Recycled water fill station keeps Bay Area residential landscapes green 32 Legal Brief Pro-labor PERB decisions impact special districts’ bargaining obligations

42

What’s So Special

Taking the heat, and creating a kitchen Mojave Desert Air Quality Management District

38 Managing Risk New laws in 2015 40 Money Matters Local CSD goes solar to save $13 million in utility costs

Grassroots Action Update - pg. 14

CSDA’s current long-range policy priorities.

34 SDLF Scholarship money now available

Printed on recycled paper.

California Special District – November-December 2014

CA SPECIAL

DISTRICT © 2014. California Special Districts Association.

All rights reserved.

Officers Noelle Mattock, President El Dorado Hills Community Services District Steve Perez, Vice President Rosamond Community Services District Vincent Ferrante, Secretary Moss Landing Harbor District William Nelson, Treasurer Orange County Cemetery District

board president’s message

Going green is now as important as ever

Stanley Caldwell, Past President Mt. View Sanitary District

Members of the Board Jim Acosta, Saticoy Sanitary District Joel Bauer, West Side Cemetery District Elaine Freeman, Rancho Simi Recreation & Park District Jo MacKenzie, Vista Irrigation District Greg Orsini, McKinleyville Community Services District Ginger Root, Country Club Sanitary District Timothy Ruiz, P.E., East Niles Community Services District Phil Schoefer, Western Shasta Resource Conservation District Sherry Sterrett, Pleasant Hill Recreation and Park District Elaine Sullivan, Leucadia Wastewater District Kathy Tiegs, Cucamonga Valley Water District John Woolley, Manila Community Services District

CSDA Staff Neil McCormick, Chief Executive Officer Megan Hemming, Professional Development Director Cathrine Lemaire, Member Services Director Kyle Packham, Advocacy & Public Affairs Director Todd Winslow, Publications Director Emily Cha, Staff Assistant Nicole Dunn, Editor Sharon Foster, Professional Development Assistant Monica Greenberg, Business Development Specialist Dorothy Holzem, Legislative Representative Jess Lima, Legislative Assistant Christina Lokke, Legislative Representative Charlotte Lowe, Executive Assistant Jimmy MacDonald, Legislative Analyst Miryam M. Barajas, Public Affairs Specialist Koy Saeteurn, Receptionist Cassandra Strawn, Member Services Specialist James Wilfong, Senior Designer Rick Wood, Finance Manager For editorial inquiries, contact Nicole Dunn at 877.924.2732 or nicoled@csda.net.

For advertising inquiries, contact Diana Granger, Granger Marketing Works, at (530) 642-0111 or granger@cwo.com.

1112 I Street, Suite 200 Sacramento, CA 95814 t: 916.442.7887 f: 916.442.7889 toll-free: 877.924.2732 www.csda.net

Noelle Mattock

It’s

always important to try to conserve and protect natural resources. With the historical drought California is facing, now is as important a time as ever.

This issue of California Special District – CSDA’s “green” issue – is specifically intended to inspire and encourage your district to “go green” in ways you may not already be considering.

This issue of California Special District – CSDA’s “green” issue – is specifically intended to inspire and encourage your district to “go green” in ways you may not already be considering. Have plans for new facilities? Check out Solutions and Innovations for a story on Sacramento Municipal Utility District’s East Campus operations center, which is one of the nation’s largest and most sustainable utility operations centers. Looking for ways to engage youth in the community? Read What’s so Special to learn about what one district did to teach students about solar energy.

Special districts are highly valuable in their close connection to the public. Districts can serve as examples to community members in protecting and conserving resources.

A proud California Special Districts Alliance partner

4

My district, El Dorado Hills Community Services District has taken several steps to “go green”: Recently we undertook the renovation of our north and south fields in our community park. We upgraded the irrigation system and replaced the turf with a drought tolerant and durable hybrid Bermuda. Together, the irrigation and turf renovations will result in 35 percent or more in water savings to the project area.

Additionally, we recently retrofitted nine high pressure sodium pole lights in our pool area with LED lights that will produce a 75 percent savings in operation.

We are looking to replace all of our parking lots with LED lights as well.

One of my favorite events we do each year for the community is the Christmas tree chipping. In collaboration with our local Boy Scout Troops, who collect and deliver all of the trees to our community park, we have been able to divert 6.6 tons from area landfills.

I, personally, am always thrilled when I know our district has found a way to serve the community while making sure we are using our resources as effectively and efficiently as possible. What are ways your district is doing the same?

Highlight

January

CSDA’s Special District Leadership Academy Eight vital things attendees will learn Every elected or appointed public official needs to worry about governance.

Governance is what boards do. Governance is taking the wishes, needs and desires of the community and transforming them into policies that govern the district. Survival of special districts depends in large part on how well we do our jobs as boards. Attend the Special District Leadership Academy Conference this January 25 – 28 in Napa to gain the information and skills you need for better governance in your district.

Attendees will learn: 1. Working as a team: The roles of the board and staff in your district.

2. Attributes and characteristics of highly effective boards.

3. How culture, norms, values and operating style influence the district.

4. Specific jobs the board must perform.

5. How individual values, skills and knowledge help to shape how effective boards operate.

6. The importance of moving from “I” to “we” as the governance team.

7. The board’s role in setting direction for the district.

8. The board’s role in finance and fiscal accountability.

Harassment Prevention Training – AB 1825

January 15

WORKSHOP

Introduction to Good Governance Principles, Riverside Area

January 22

WORKSHOP

Introduction to Good Governance Principles, Orange County Area

January 25-28

CONFERENCE

Special District Leadership Academy Conference, Napa

January 29

WEBINAR

Rules of Order Made Easy!

February

ns for sessio es 10 newing attende return

Registration now open!

The popular CSDA Board Secretary/Clerk Conference will celebrate its 5th Anniversary February 11 – 13, 2015 in San Diego. It will feature classes for new and returning attendees. This year all attendees will participate in an opening session entitled: Customer Service in the Public Sector by Dr. Bob Jerome of CPS HR Consulting. Dr. Bob will bring his humor and energy to help attendees build people skills and identify critical issues necessary to improve customer relations.

California Special District – November-December 2014

WEBINAR

February 10

WEBINAR

The Essential Guide to The Brown Act

February 11-13

CONFERENCE

Board Secretary/Clerk Conference, San Diego

February 10

WEBINAR

Understanding Board Member & District Liability Issues

For complete program descriptions and information about registration and accommodations, visit us online at www.csda.net or call CSDA at (877) 924-2732.

Visit sdla.csda.net for session information and to register online.

Early bird discounts are available through December 23, 2014.

BOARD SECRETARY/CLERK

January 14

We will be celebrating the conference’s 5th Anniversary with our first optional off-site event: dinner in Old Town San Diego Historic State Park. Don’t miss this opportunity to network with your peers and experience the best in special districts education. Watch your mailbox for the brochure or register now online at www.csda.net!

You can reserve your room now at the Embassy Suites Hotel San Diego Bay - Downtown at the special CSDA rate of only $145 plus tax per night single/double occupancy by calling 1-800-EMBASSY and identifying yourself as attending the California Special Districts Association event. The room reservation cut-off is January 11, 2015.

CSDA NEWS to witness firefighters train to suppress an industrial gas fire.

A visit to a local park further showcased the services of the Cosumnes CSD.

Free Ethics Training for Renewing Members Here’s a big “Thank you!” for returning CSDA members! District members that renew

by January 5, 2015 will receive access to online AB 1234 Ethics Compliance training for their entire Board of Directors. This ondemand, web-based training will be available between January 5 and March 2, 2015 only. If you have not yet received your dues invoice and accompanying offer, please contact CSDA Member Services at 877.924.2732.

Newly Affiliated Chapters in Monterey and Kern Counties The CSDA Board of Directors recently ratified the affiliation of new local chapters in Monterey and Kern counties, bringing the number of formally affiliated local special district associations to 12.

Other affiliated groups include those in Alameda, Contra Costa, Orange, Plumas, San Diego, San Luis Obispo, Santa Barbara, Santa Clara and Ventura counties, and a multi-county association in the Gold Country region.

Capitol Staff Join Special Districts Tour: “Pioneers of the Past, Present, and Future” Continuing its legislative outreach efforts, CSDA recently gathered key Capitol staff from the State Assembly, Senate and policy committee offices for its second annual special districts tour. Established as a new way to spread awareness and appreciation for special districts, the annual two-day tour highlighted the vital local services provided by the diverse special districts throughout the state. This year’s tour, themed “Pioneers of the Past, Present & Future,” featured four different types of districts: the Cosumnes Community Services District, Tracy Public Cemetery District, Mark Twain Health Care District, and Calaveras County Water District.

CSDA staff members welcomed legislative staff and tour partners from the Association of California Healthcare Districts, Association of California Water Agencies, and the California Association of Public Cemeteries near the State Capitol before departing for the first featured district.

The first stop was the fire training center of the Cosumnes Community Services District. Tour attendees learned directly from Fire Chief Tracey Hansen how the fire department is implementing new firefighting techniques to better serve the community. An exciting fire demonstration offered attendees the unique opportunity

6

At the second featured district, attendees were introduced to the district board, staff and history of the Tracy Public Cemetery District. District officials provided an update on the construction of the new Valpico Memorial Park. The progress report for the new cemetery included the architectural plan and budget as well as an outline of the innovative underground utilities system designed to be energy and water efficient. Attendees were also introduced to several of the important local partners collaborating with the Tracy Public Cemetery District to provide a resting place for members of the community. The Mark Twain Health Care District and the Calaveras County Water District were visited on the second day of the tour.

At the Mark Twain Health Care District, attendees learned about cutting edge technology used in new healthcare programs to deliver community benefits and address the diverse and rural needs of the district.

With its new telehealth program, the district uses robots and high-speed data lines to connect to long distance medical experts for vital consultations. The Mark Twain Health Care District utilizes the telehealth technology particularly when treating stroke patients. Attendees were able to observe a demonstration of the robot used for consultations and also tour the district’s cancer center where chemotherapy patients can receive care closer to home.

The final stop on the tour was the Calaveras County Water District. Attendees first

received a tour of the district’s drinking water treatment plant, before travelling to the New Hogan Dam & Reservoir near Valley Springs to observe the impact of the drought. Following a tour of the reservoir, attendees watched a demonstration at the wastewater treatment plant. District officials and staff showed how wastewater is processed and treated in order to be used as recycled water.

At all of the featured districts, attendees learned about the districts’ history, their vision to serve the next generation, and the innovative forces behind each district’s services

and infrastructure. The tour presented participants with an interactive and collaborative opportunity to observe the way special districts conduct their business and provide efficient and effective delivery of core local services to communities throughout California.

CSDA

Every drop along the way...

Utility Service Co., Inc. has proudly served the potable and industrial water industries for over 50 years. Today’s Utility Service Group provides comprehensive condition assessments, rehabilitation services and sustainable asset management solutions throughout the whole water cycle.

Call us to discover how our sustainable and unique solutions can assist you in improving the management of your water system.

Conference Recap THE FOLLOWING PAGE

Annual Conference & Exhibitor Showcase

FIRM

Offering Innovative Solutions for Special Districts for 35 Years Providing a Full Range of Legal Services in: •

CSDA Legal Counsel

•

Public Agency Law

•

Estate Planning and Probate

•

Employment

utilityservice.com

•

Insurance

Central California Counties

•

Small Business and Non-Profits

Keith Myers | 916-869-4464 kmyers@utilityservice.com

Northern California Counties

Kevin Barnes | 916-342-2886 kbarnes@utilityservice.com

Southern California Counties

Jack Powell | 337-849-4091 jpowell@utilityservice.com

California Special District – November-December 2014

2130 East Bidwell Street n Suite 2 n Folsom, California n 95630

(916) 983-8000 n

dmcmurchie@mcmurchie.com

CSDA Annual Conference & Exhibitor Showcase

2014 CSDA Annual Conference Don’t Miss it!

The 2014 CSDA Annual Conference & Exhibitor Showcase, September 29 – October 2 in Palm Springs gathered over 600 attendees for the first time in the conference’s fortyfour year history. The conference included three pre-conference X workshops and a Water Awareness Tour with the Coachella Valley Water District on Monday.

Monday culminated in the President’s Reception with the Exhibitors, sponsored by NBS and CSDA Finance Corporation. Over 50 exhibitors participated in this year’s showcase, which included a reception, a breakfast sponsored by BNY Mellon, U.S. Communities and Best Best & Krieger LLP, and a lunch sponsored by BHI Management Consulting and Brandis Tallman LLC.

the Brown Act to pensions to crisis communications and funding.

Attendees also had the option of attending the Hangar Party at the Palm Springs Air Museum, sponsored by Bank of the West, CH2M Hill, California Special Districts Alliance, CSDA Finance Corporation, Richards, Watson and Gershon, Special District Risk Management Authority and Special District Leadership Foundation.

The first full day of conference, Tuesday, began with the presentation of the colors by the Palm Springs High School Air Force JROTC and the Palm Springs High School Madrigal Singers singing our National Anthem. The opening keynote sponsored by the California Special Districts Alliance featured New York Times bestselling author Stephen M. R. Covey’s presentation “The Speed of Trust,” which gave attendees a greater vision of trust as a measureable, strategic advantage in all facets of life and work. Tuesday afternoon also included valuable breakout sessions on topics ranging from

Wednesday included the SDRMA full plated breakfast, Safety Awards and keynote presentation

by Bob Gray, memory expert, who shared “Experience the Power of Connections.” The day included more breakout sessions with topics including citizen engagement, design-build and property tax essentials. CSDA’s Awards Luncheon was sponsored by the Special District Leadership Foundation. Attendees were able to gather to celebrate the best of special districts with awards including: The Hollingsworth Award, Board President of the Year, General Manager of the Year and Staff Member of the Year.

Y

Z

8

& Exhibitor Showcase Marks Record Attendance

C

The Special District Leadership Foundation (SDLF), an independent, non-profit 501c3 organization formed to promote good governance and best practices among California’s special districts through certification, accreditation, and other recognition sponsored the “Taste of the City” event on Wednesday night. This evening of food and entertainment featured a silent auction featuring fabulous California hotel getaways and a wine raffle. The wine raffle included 35 bottles of wine donated by SDRMA, SDLF and CSDA board members. The “Taste of the City” silent auction and wine raffle raised almost $7,000 this year. All of the money raised will fund scholarships available through the Special District Leadership Foundation. Visit www.sdlf.org for information on how to apply.

Thursday included more breakout sessions including the Chapter Roundtable and a closing brunch, sponsored by U.S. Bank: “2014 Legislative Outcomes: The Impact on Your Special District.”

CSDA’s advocacy team presented attendees with the most up-to-date information on state budget and legislative issues impacting special districts, including “green” local revenue opportunities, mandates and implementation of public employee pension reforms.

Mark your calendars and make plans to attend next year’s CSDA Annual Conference & Exhibitor Showcase, September 21 – 24, 2015 in Monterey!

California Special District – November-December 2014

SD

A • 201 4

Than You k SP O NSO R

S

Champion

• California Special Districts Alliance • CSDA Finance Corporation • Special District Leadership Foundation • Special District Risk Management Authority

Advocate • Meyers Nave

Supporter

• Bank of the West • BHI Management Consulting • Liebert Cassidy Whitmore • McMurchie Law • Prager & Co. LLC • Richards, Watson & Gershon

Friend

• Best Best and Krieger LLP • Black Mountain Software, Inc. • BNY Mellon • Brandis Tallman, LLC • CH2M Hill • NBS • Nossaman, LLP • PARS • Renne Sloan Holtzman Sakai LLP • U.S. Bank • U.S. Communities

Recap!

California Special Districts Association

DISTRICT NETWORKS District NetWorks Meet to Develop Action Strategies At this year’s CSDA Annual Conference and Exhibitor Showcase, special district leaders gathered on a network basis for the first time to hold roundtable discussions.

Conference attendees appreciated the opportunity to meet with other special districts from their network to discuss common issues confronting their communities.

District NetWorks is intended to facilitate direct and continued networking among special districts. Incoming CSDA Board President and Central Network Delegate Steve Perez said, “I look forward to working with special districts and further developing relationships at the local level to enhance our statewide legislative muscle at the Capitol.”

10

“It was exciting to hear directly from delegates how to better work together,” CSDA Board of Directors President and Sierra Network Delegate Noelle Mattock.

California Special District – November-December 2014

Awards

Congratulations to the 2014 CSDA Award Winners

A big congratulations to all of this year’s CSDA Annual Awards winners. Individuals and districts both received awards acknowledging their achievements in various areas including exceptional public outreach, leadership and innovations. Winning submissions from each category are as follows:

1a.

3.

1b.

4.

2.

5a.

12

5b.

8.

1a and 1b. Exceptional Public Outreach (Individual Category) Directors Carol Severin and Ted Radke (Doug Siden accepting), East Bay Regional Park District 2. Exceptional Public Outreach (Small District Category) Morongo Valley Community Services District “Community Relations Improvement Effort” 3. Exceptional Public Outreach (Large District Category) Midpeninsula Regional Open Space District “Midpen Vision Plan” 4.Innovative Program/Project of the Year (Small District Category) Los Medanos Community Healthcare District “Summer Internship Program”

6.

9.

5. Innovative Program/Project of the Year (Large District Category) – Co-Recipients Cordova Recreation and Park District “Sunridge Park Project” Monterey Regional Waste Management District “Organics to Energy Compost Program” 6. Board President of the Year Larry Minor, Valley-Wide Recreation and Park District 7. General Manager of the Year David Stoldt, Monterey Peninsula Water Management District 8. Chapter of the Year San Diego County Chapter 9. Hollingsworth Award of Excellence Jim Acosta, Saticoy Sanitary District

7.

Staff Member of the Year (Not pictured) Shirley Miller, Fulton-El Camino Recreation and Park District

California Special District – November-December 2014

update

In order to effectively serve as the voice of special districts, CSDA undertakes an extensive and inclusive deliberation process by which it prioritizes the policy issues confronting all of its members in their delivery of core local services. Early in 2014, CSDA established four long-range policy priorities based on these efforts. CSDA is now renewing this process to update its priorities and set its agenda for 2015 and beyond. CSDA’s current long-range policy priorities include:

Human Resources and Personnel Promote policies related to hiring, management, and benefits and retirement that afford flexibility, contain costs and enhance the ability to recruit and retain highly qualified, career-minded employees to public service. As public agency employers, support policies that foster productive relationships between management and employees, both represented and non-represented.

Infrastructure Innovation and Investment Encourage prudent planning for investment and maintenance of innovative long-term infrastructure. Support the development of fiscal tools and incentives to assist special districts in their efforts to meet California’s changing demands, ensuring the efficient and effective delivery of core local services.

To establish these priorities and develop objectives within each area, CSDA’s 40-member Legislative Committee first identifies the most significant issues facing special districts. Once identified, these issues are then compiled and placed before the full membership via an electronic survey. Next, survey results are tabulated and brought back to the Legislative Committee along with recommendations for any new priorities or adjustments to existing priorities. Once the priorities are finalized, with the direction of the committee under the purview of the Board of Directors, CSDA focuses its advocacy efforts on behalf of and in conjunction with all special districts.

Revenue, Finances and Taxation Ensure adequate funding for special districts’ safe and reliable core local service delivery. Protect special districts’ resources from the shift or diversion of revenues without the consent of the affected districts. Promote the financial independence of special districts and afford them access to revenue opportunities equal to that of other types of local agencies.

Governance and Accountability Enhance special districts’ ability to govern as independent, local government bodies in an open and accessible manner and encourage best practices that avoid burdensome, costly or redundant requirements that seek a one-size-fits all approach.

While CSDA’s latest membership survey was still underway at the time of publication, early results showed significant interest in the areas of state grants and bonds, open meeting mandates and property taxes. Keep updated on these priorities and more through the CSDA e-News, blog and Grassroots Action Center. Learn more and sign-up at www.csda.net.

Take Action: 5 Ways to Get Involved 1. Connect with District NetWorks: Get to know your District NetWorks delegate and stay updated on local opportunities to collaborate on advocacy efforts.

Find more information at www.csda.net/about-csda/district-networks.

2. Get Instant Blog Updates: Subscribe to the CSDA Blog to get real-time updates on Capitol action impacting special districts delivery of core local services: www.csda.net/advocacy/blog.

3. Attend Special Districts Legislative Days, May 19-20: An interactive twoday advocacy conference in our state’s Capitol. Attendees hear directly from state leadership about hot topics affecting the delivery of core local services, such as private contracting, governance practices, public pensions, infrastructure, finances and taxation, and more: www.csda.net/sdld.

14

4. Share Your Connections: Share with us your personal legislative relationships and willingness to reach out to them when priority legislation is introduced impacting your district’s delivery of core local services: www.csda. net/grassroots-mobilization-program .

5. Take Action on CSDA Advocacy Alerts: Be on the lookout for alerts sent to CSDA members’ inboxes on critical action needed on proposals debated at the State Capitol threatening local control. If you are not receiving CSDA Advocacy Alerts, please contact CSDA to update your email information.

SPECIAL DISTRICTS GET SPECIAL TOOLS IN THE WEST.

For the CSDA District Purchasing Card that can improve expense control and cash flow, go west.

• Streamline your procurement process for potentially greater efficiency • Monitor employee spending that may help control costs • Receive reporting online that may save time

To sign up today, please call (866) 588-1358 California Special District – July-August 2014

Subject to credit approval.

Member FDIC. ©2014 Bank of the West.

?

Ask theExperts Can a district reject the lowest bid because that lowest bidder has done work before and the job was unsatisfactory? If yes, is there criteria we must follow?

The short answer to the question is that a special district can reject a bidder’s bid based on a determination that the bidder is not “responsible.”

This disqualifies that bidder and its bid. The public entity then considers the remaining bids and can award the contract to the “responsible” bidder that submitted the lowest “responsive” bid, or reject all bids.

Do you have a question for any of our CSDA experts?

If so, send your question to Nicole Dunn, editor, at nicoled@csda.net.

When the bids come in, there is an initial determination based solely on the amount stated in the bids – the price for which each bidder offers to do the work or supply materials. The bidder that submitted the lowest price has submitted the apparent low bid. But, a further analysis is required.

In examining the apparent low bid, the public entity should analyze two factors. First, determine whether the bid is “responsive,” or, in other word, whether the bid promises to do what the bidding instructions demand.

Bythe

Numb3rs

Second, determine whether the bidder is “responsible.”

This focuses on the bidder, not the bid. Responsibility considers the trustworthiness of the bidder, quality of its work, and its capacity and experience to satisfactorily perform the work. This is a complex matter often dependent on information outside of the bidding process and requiring the exercise of subtle judgment. (See Public Contract Code § 1103; Great West v. Irvine USD (2010) 187 Cal.App.4th 1425, 1451) A public body has discretion to determine which bidders are responsible. A determination that a bidder is not responsible requires a due process hearing. The public entity must provide the bidder with notice of the evidence on which the finding of non-responsibility is based and provide the bidder an opportunity to rebut the negative evidence. This can be done in a hearing before the governing body. It need not be a judicial-type process. Rather, the purpose is to permit the bidder to present evidence of its qualifications.

But, if the bidder has previously performed unsatisfactory work for the awarding agency or reference checks provide information of shoddy work for other public entities, it is within the governing body’s discretion to determine that the bidder is not responsible and to reject its bid on that basis, even if the bid itself is responsive. (See Boydston v.

Napa Sanitation (1990) 222 Cal.App.3d 1362.)

However, be forewarned that a determination that a bidder is not responsible is a serious matter for a contractor and more likely to result in litigation than a determination that a bid is non-responsive. That is because the not responsible determination can effect a contractor’s bonding capacity by its surety, and the contractor is frequently asked on bids from other agencies whether it has ever been determined not responsible. Answering that question could get the contractor disqualified on future bids with other agencies.

Randy Parent, attorney in the San Francisco office of Liebert Cassidy Whitmore, has over 15 years of experience representing special districts and other public agencies in a broad spectrum of public contracting, construction, labor, employment, transactional and litigation matters.

Randy can be reached at rparent@lcwlegal.com.

10 gallons of water per person, per day saved by turning off the tap when brushing teeth or shaving.

DISCLAIMER: This publication is provided for general information only and is not offered or intended as legal advice. Readers should seek the advice of an attorney when confronted with legal issues and attorneys should perform an independent evaluation of the issues raised in these materials.

16

MOVERS & SHAKERS Mark Weston has been elected as Chair of the San Diego County Water Authority Board of Directors.

“The Water Authority serves a critical function for this region, and I’m honored to be part of its legacy of leadership,” says Weston, retired general manager of Helix Water District.

Sandra Wheeler, of Wells Fargo Advisors, LLC, received the Rueben Siemens/Wayne Byington Memorial award, the most prestigious award presented by the California Association of Public Cemeteries (CAPC) annually.

“Wheeler has helped many districts with their financial planning and decisionmaking in order for them to become better districts,” according to CAPC. Fresno Metropolitan Flood Control District is pleased to announce the appointment of Alan Hofmann to general managersecretary. Hofmann is a registered civil engineer and has 35 years of experience working for the district.

Connie C. Almond and Elizabeth T. Arce have been named partners with law firm, Liebert Cassidy Whitmore.

Oxnard Harbor District Port CEO and Executive Director Kristin Decas was named Oxnard’s Woman of the Year by the Oxnard Chamber of Commerce.

California Special District – November-December 2014

movers and shakers Does your district have an individual recently appointed as general manager or a top staff position? Have you recently elected a new board president? Have any district personnel been appointed to other community boards or positions? Email your district’s movers and shakers to Nicole Dunn, editor, at nicoled@csda.net and we will include them in our next issue!

Bette Boatmun Conservation Garden.

The Contra Costa Water District (CCWD) Board of Directors named the agency’s conservation garden in recognition of CCWD Board Member Bette Boatmun, who has served on the elected board for 40 years.

Santa Clara Valley Water District (SCVWD) received the Project of the Year Award – Large from the WateReuse Association at its annual national symposium. The Project of the Year Award recognizes projects whose significance and contributions to the community continue to advance the water reuse industry.

SCVWD was also recognized with the Corporate Citizen of the Year award by the Milpitas Chamber of Commerce.

SCVWD was selected for its ongoing engagement with the chamber, its advocacy efforts and its conservation efforts and rebate programs, which provide direct support to the business community.

Truckee Sanitary District General Manager Thomas S. Selfridge has retired. Blake R. Tresan, who previously served as assistant general manager and district engineer will fill his spot.

Washington Township Health Care District Director Patricia Danielson, RHIT, was elected as vice president of the Alameda County Special Districts Association (ACSDA).

Danielson has been affiliated with ACSDA for over 10 years.

Bythe

Numb3rs

12.5 gallons of water saved by taking five minute showers instead of 10 minute showers.

In Brief Facebook Provides Funds for Lifesaving Devices

Local Agencies Install 38 New Hydration Stations in Local Schools

Thanks to a donation from local business, Facebook, Menlo Park Fire Protection District (MPFPD) has made a number of purchases that will aid in lifesaving efforts in the community.

Facebook donated $150,000 to the district when the district moved onto its campus in the Bay Area.

With the money, MPFPD upgraded its traffic preemption system, which turns red traffic lights to green, allowing emergency vehicles to pass through the lights easily and respond to scenes sooner. The district was also able to purchase two heart defibrillators and a “Jaws of Life” device, used for getting victims out of their cars when trapped.

Says Fire Chief Harold Schapelhouman, “We are thankful to Facebook for the funds to be able to accomplish those important lifesaving improvements.”

This fall, the Santa Clara Valley Water District, FIRST 5 Santa Clara County and the Santa Clara County Public Health Department celebrated the unveiling of a new water hydration station at the newly renovated San Martin Gwinn Elementary School. The event highlighted the local effort to increase water access in Santa Clara County. A total of 38 schools have installed new water hydration stations this fall through special grant funding made possible by both the water district and FIRST 5. The water station at San Martin Gwinn School was funded though the water district and is one of 18 schools receiving a water district grant this fall to install a new hydration station. The water station at San Martin Gwinn School is part of a larger initiative to increase water access in schools and educate children and families about the health benefits of drinking water.

Sources: Beaumont Library District, Big Bear Grizzly, Elsinore Valley Municipal Water District, NBC7.com, San Jose Mercury News, Santa Clara Valley Water District, The Porterville Recorder, Valley Roadrunner

Library District Celebrates Literacy In recognition of the 30th Anniversary of California Library Literacy Services and International Literacy Day, Beaumont Library District hosted, “Stories from the Porch” on Saturday, September 13. The “Stories from the Porch” annual event invites community leaders, adult literacy learners and tutors and others to read their favorite children’s book from the front porch of the library to community members and their families. California State Senator, Mike Morrell made a special visit to the Beaumont Library to show support for the celebration. Senator Morrell presented the library with a Senate Proclamation honoring the Beaumont Library for years of service of providing adult literacy services. In keeping with Governor Jerry Brown’s proclamation, Senator Morrell also proclaimed September 2014 as Adult Literacy Awareness Month.

California Library Literacy Services began in 1984 and has promoted literacy by providing services to English-speaking adult learners and their families through California’s public libraries. Trained volunteer tutors provide one-on-one literacy tutoring for more than 22,000 adult learners every year in over 880 locations statewide.

18

“Through the installation of water hydration stations at schools with early childhood centers, we are helping our community’s youngest children start healthy and stay healthy,” said FIRST 5 CEO Jolene Smith.

“By encouraging children to drink water at a young age, we are establishing healthy habits that can last a lifetime.” Both the water district and FIRST 5 are supporters of the Partnership for a Healthier America and its Drink Up campaign. The water district, FIRST 5 and the Santa Clara County Public Health Department are members of Water to Go - a countywide partnership which aims to increase access to fresh tap water through the installation of new water hydration stations in Santa Clara County over three years.

Got news?

California Special District wants to hear about newsworthy people, projects, events and accomplishments in your district. To submit a news item for In Brief, contact Nicole Dunn at nicoled@csda.net or (877) 924-2732.

Trial Water Purification Project Could Produce 3MM Gallons A Day Padre Dam Municipal Water District has launched a new water purification project that could produce up to three million gallons of water a day for residents. The project is in a trial phase that will last a year. Through the project, waste water goes through a fourstep advanced water treatment process. If, after the trial the project is deemed a success, the purified water will be injected into the groundwater basin, where it will be naturally filtered, then treated again, before being sent out as drinking water.

Fire District goes Solar Four fire stations and a fleet maintenance facility will now offset 2,484 tons of pollutants every year thanks to a solar installation project by the North County Fire Protection District (NCFPD). “[Going solar] will allow the district to reallocate several thousand taxpayer dollars monthly to project financing and other essential services,” says Battalion Chief Greg Wilson.

“This project will insulate the district from future utility rate increases while promoting an environmentally responsible image in our community.” The district searched extensively for financing that would pay for the project in a way that would cost less than what the district had been paying for utility-based power, and the systems will pay off in less than seven years. “North County Fire Protection District realizes that energy savings means saving money to put toward firefighting rather than giving it to San Diego Gas and Electric. They are setting an example for the community as to what we should all be doing,” says Daniel Sullivan, president of the solar company hired

by NCFPD. Battalion Chief Wilson hopes the current project is only the first phase of the district’s solar initiative and that it can be expanded to other district facilities over time.

California Special District – November-December 2014

Hospital Hires Patient Experience Officer

Therapy through Technology

Sierra View Local Healthcare District knows when patients and their families come to the hospital it can often be a stressful experience.

To help ensure its patients are receiving the highest level of care, the district hired Daniel Blazer, a patient experience officer. Blazer’s responsibility is to improve the experience patients have when at the hospital, ensuring they are treated with respect and made as comfortable as possible. Treatment at a hospital is paramount in importance, but so is a patient’s overall care. The district hopes that with the hiring of this position, more patients will leave the hospital feeling pleased with their care, the care of their loves ones, and comfortable with the people helping them.

Much of the service area for Bear Valley Community Healthcare District (BVCHD) is rural. In rural settings, it can be challenging for residents to access health care services, including mental health professionals and programs. In an effort to address that community need, BVCHD began offering counseling with a licensed psychologist through a program called TeleConnect Therapies.

Through this program, patients can have sessions with a therapist over continued on page 36

“Never doubt that a small group of thoughtful committed citizens can change the world; indeed, it’s the only thing that ever has.” - Margaret Mead

You serve others and LCW is honored to serve you.

Proudly representing California’s special districts for nearly 35 years in all areas of: Employment Law, Labor Relations, Contracts, Construction, Litigation, Retirement, Wage & Hour and Preventative Training.

To learn how we can help your district, visit: www.lcwlegal.com

State-local partnership critical for natural resources

Interview with California Natural Resources Agency Secretary John Laird

Secretary John Laird oversees the California Natural Resources Agency. Along with his tenure in state government – serving as a state assembly member for the maximum three terms - Laird has extensive experience in local government. It’s through his career serving in different levels of government that he has developed a true understanding of the importance of state/local partnership.

Laird believes that when it comes to certain issues in natural resources, local agencies are critical in implementing important policies, regulations and safeguards.

California Special District asked Secretary Laird to outline his experience in local government, explain the priorities of the Natural Resources Agency and describe how he views local governments’ roles in protecting and managing California’s resources.

What are currently the top priorities for the California Natural Resources Agency?

The California Natural Resources Agency consists of 25 departments, boards and commissions, working to manage the resources of California. We work with fire, water, fish and wildlife, energy, conservation, parks, oil and gas, and oceans among other things. Our top priorities are set by the governor and he has urged us to collaborate with many different people and agencies to solve problems.

John Laird, California Natural Resources Agency Secretary

20

We’ve made Lake Tahoe clarity a priority and negotiated with Nevada to save the Tahoe Compact.

We’ve made restoring the Klamath a priority and negotiated with Oregon and the stakeholders in Klamath. We have the largest set of marine reserves off

Visit www.csda.net to get Secretary Laird’s take on the historic groundwork legilslation passed this year.

of the United States coastline and we’ve negotiated with tribes and other stakeholders to bring back fisheries. We’re working with the federal government on a desert renewable energy conservation plan to site the best places for renewable energy to meet our goals related to alternative energies, and at the same time identified places to guarantee permanent mitigation.

Additionally, we work on water issues in the middle of the driest three years on record in the state. While we’re working toward a long-term solution in the Delta, a groundwater management plan and statewide water action plan have been adopted, we’re implementing conservation programs, and we’re trying to fund water recycling. We’re looking at a whole host of issues in water to take us to the next generation.

I was on the city council and working for the county.

Later, after terming out of the city council, I was elected as a community college trustee. Over this time, I was involved with many different special districts as well as the city and county.

All of this experience was perfect preparation for working in the state Legislature and eventually becoming Secretary for the California Natural Resources Agency. I had a chance to work across so many different issues and was able to learn how agencies work together.

I think one of the reasons I ended up as chair of the budget committee at the end of my second year in the State Assembly is because I was a generalist.

How do you view the role of local government in managing natural resources? Explain what you view as their responsibilities?

California is so diffuse in its government structure: fiftyeight counties, roughly 480 cities and then thousands of special districts. Even though we set state policy, many times we depend on our partners at the local level to implement that policy. It has to be a partnership, and money has been stressed since Prop 13 passed.

California Special District – November-December 2014

That spreads into other things. With CalFIRE, we contract with a lot of special districts to carry out many services. In water, we fund a lot of programs that are implemented by local water districts. With regard to fish and wildlife, there are a whole host of districts that either implement a myriad of programs or work with the Department of Fish continued on page 22

Explain your background working in local government.

I came of age in local government.

I was trained as a budget analyst in county government and worked for Santa Cruz County on and off for 25 years. I was elected to the Santa Cruz City Council during that time. Santa Cruz is what I affectionately refer to as a “mom-and-pop county.” In any other place in the United States we’d be considered a big county, but in California it’s not so big. In my time there, I sat on about every local board possible, including the regional transportation commission, transit board, and inter-agency water committee. I was also on the regional council of governments and served as president. All of this happened while

Resources are scarce and there’s always a struggle, but if you look at the groundwater management legislation that was just passed and signed into law in this last session, it really depends on the locals to do the governance. That was an article of faith for the governor. While he wanted to have state policy and maybe even a backstop at state government, it was a priority for him that locals implement it.

James Marta & Company LLP CERTIFIED PUBLIC ACCOUNTANTS

Accounting, Auditing, Tax and Consulting

SPECIAL DISTRICT FINANCIAL AUDITS

GASB 45 OPEB CALCULATIONS We are a full-service firm offering financial audit services, OPEB calculations, tax and consulting services to Special Districts. Our audits provide an in-depth review of your financial practices from quality, experienced professionals. Our OPEB calculation services are a low-cost alternative to a full actuarial review.

Other services include: n n n n

Performance audits Fraud Investigation Compliance audits Custom workshops

n n n n

Development of Policies and Procedures Internal control review Accounting services Tax compliance

David Becker, CPA — Partner (916) 993-9494 dbecker@jpmcpa.com n www.jpmcpa.com

John Laird [continued] and Wildlife as a partner. When we do marine protection it really depends on coastal cities at the local level to implement changes.

The Natural Resources Agency has a real partnership with local government, both statutorily and in practice, and it’s something that’s very important to us.

Are there any tools made available by the California Natural Resources Agency to help aid local governments in managing natural resources?

There are. And those tools are always subject-specific, so the resources vary based on the issue at hand. We have bonds that have been approved by voters for various things, including river parkways in urban areas, urban forests, and water conservation. It depends on what grant programs are available, but we generally depend on local governments to implement what we do and we provide money and tools as we are able in order to help them.

What actions has the Administration taken to effectively manage the drought situation and what can we expect from them if 2015 turns out to be more of the same?

The drought is continuing to worsen. At the end of July, California issued an emergency regulation to increase conservation practices for all Californians. The new conservation regulation targets outdoor urban water use. In some areas of the state, 50 percent or more of daily water use is for lawns and outdoor landscaping.

With this regulation, all Californians are expected to stop washing down driveways and sidewalks; watering outdoor landscapes that cause excess runoff; using a hose to wash motor vehicles and so on. There are going to be a lot of brown lawns this year, and that’s okay.

The past three water years (2012, 2013, 2014) have been the three driest consecutive years in California history in terms of Sierra snowpack. And this begs the question of whether next year will be the fourth dry year in a row. This is why operational flexibility is critical – so that we can move water when it is available.

For example, in 2012, we had to turn off the pumps at Clifton Court Forebay during one of the season’s largest storms to comply with the Federal Endangered Species Act. That meant there was 800,000 acre feet of water – enough to supply over 1.6 million households with water for a full year – that was lost. If the Bay Delta Conservation Plan (BDCP) tunnels had been in place in 2012, we wouldn’t have had that same problem. BDCP doesn’t solve all of the Delta’s or the state’s problems,

22

but it fixes a critical missing link in how we move water in this state. We are working to develop a project that meets the dual goals established by the Legislature in 2009 – reliable water supply and ecosystem health.

The BDCP serves as one part of California’s overall water plan, and serves to modernize California’s water delivery system, address water supply challenges and climate change, while protecting the Delta ecosystem.

To put the BDCP in context you need to think about the value of the State Water Project (SWP), our current water delivery system. It is extraordinary.

The regions of California receiving water from the Delta produce more than $1 trillion worth of goods and services each year. Stranding this vital state asset would be irresponsible. The status quo in the Delta is not an option. Any project, like the SWP, that is 50 years old has parts that run their natural life, and we are working toward building a project for the next 50 years. When the water project was built in the 1960s and 1970s, there were no modern environmental laws in place. We are trying to build those concerns into a project and take them out of court.

This is also about economic vitality. Reliability of water is as important to business in California as almost anything. Silicon Valley, the farm sector, and Southern California business hang in the balance in being successful with a water project. The project is important for California’s economy – protecting and creating more than 1 million jobs, providing $83 billion in economic benefits, and protecting against inadequate water supplies. The BDCP would create 155,000 construction jobs and increase economic activity in many of our already struggling communities. The BDCP would safeguard water supplies that would cost far more to replace with local alternatives such as conservation, desalination, or recycling. We are working hard to keep costs down to individuals receiving water, but there’s a fundamental question: do you want to pay a little more for a reliable water supply, or do you not, which means getting less water over time? The choice is an average $5 per month increase in the Metropolitan Water District region for a sustainable supply versus no investment and a reduction in water that annually comes from a crashing Delta.

We will continue to work to raise awareness of the drought and what every Californian can do to help save our water. Check out the website www. saveourH2O.com.

What should special districts be doing in response to the drought?

That’s a very good question. Many times people think in terms of being made to do things in response to the drought as opposed to what they can or should be doing. This drought is so severe. We broke the record for the driest number of days consecutively without rain in the rainy season. Previous records were set in 1884 and 1924.

If you look at where we are, we are one stressed state with regard to water. So the question is, what can local governments do?

The governor has provided leadership. He has suggested a 20 percent reduction, but what is really important is people deciding what they can do to be water-wise at the local level. Where I live, in Santa Cruz, we have a mandatory 20 percent reduction. And we have 94 percent compliance. It’s taking that kind of leadership at the local level that really matters. Some places have incentives for low flow toilets and low flow washers; there are outdoor limitations and people who police it; some places enforce through higher water bills. It’s up to each local jurisdiction to take action and to decide what fits for them. In Santa Cruz, the first time you don’t meet your reduction mandate, you can work off part of your bill in water school. Through this, people realize what behaviors need changing. That’s what works in Santa Cruz.

What actions or types of projects can special districts achieve to prepare for any future droughts?

During the 1975-77 drought, many local governments went door to door to every house in an urban area with water-saving equipment, information and stickers. Once the drought was over people were still using less water and conserving. The question now is, how do you work with members of the public to make those changes and keep them in place over time? We will always be one winter away from a drought. How do we make sure people have the most efficient devices in their homes? How do they abandon some water-intensive landscaping for something that’s much more water saving? Local governments are the best agencies to answer those questions and help bring people along in saving water.

With the drought and the recent influx of forest fires, what do you see as the role for local governments in the prevention and suppression of these fires?

The suppression of fires in rangeland areas is the state’s responsibility, and we have local partnerships to aid in those efforts. In the vast forestland we have, it really does require making sure that over time we clean up things in areas that could lead to fire, which is very expensive and very labor intensive. We rely greatly on our local partners to help us with that.

Special Districts They all may be called Special Districts, but your specific needs are as diverse as California itself. With nearly 80 years of experience providing responsive and cost-effective legal services, Burke, Williams and Sorensen, LLP is dedicated to supporting the unique needs of your Special District.

no two are the same

Law Offices Throughout California

Legal Services 800.333.4297 | bwslaw.com

California Special District – November-December 2014

Pebble Beach Community Services District:

Innovative Partnerships Reduce Waste at Incredible Levels

By Suha Kilic, Deputy General Manager/CFO, Pebble Beach CSD

2014 AT&T National Pro-Am Golf Tournament Twice-Honored Since 1987, the Pebble Beach Community Services District (PBCSD) has been providing solid waste and recycling services in Pebble Beach, the home of legendary resorts and golf courses with a commitment to implement effective programs and practices to protect the environment. Since the 2008 AT&T Pebble Beach National Pro-Am PGA Tour event, PBCSD has been annually participating in a collaborative effort with The Offset Project (TOP), a local non-profit agency which offers consulting services to achieve improved waste diversion rates; Monterey Peninsula Foundation, the event promoter; and Pebble Beach Company (PBC), owner-operator of world-famous resorts, including The Lodge at Pebble Beach and The Inn at Spanish Bay, and four renowned golf courses: Pebble Beach Golf Links, Spyglass Hill Golf Course, The Links at Spanish Bay and Del Monte Golf Course.

This high profile golf event, which attracts spectators and players from across the country and around the world, first received a gold level environmental certification from “Council for Responsible Sport,” followed by the “Outstanding Practices in Event Resource Recovery” award given by the California Resource Recovery Association (CRRA) in 2014. The CRRA annual awards recognize

24

programs and people who are “going above and beyond” in their efforts to prevent waste, compost, recycle and reuse materials. The tournament was selected from a large number of competing events and venues throughout California.

The 2014 tournament ran for seven days hosting some 130,000 players, spectators, staff and volunteers, and operating on three world class courses simultaneously.

It is a particularly high profile event as it also invites celebrity players such as Bill Murray, George Lopez, Ray Romano, Kevin Costner, Tom Brady and others. TOP was tasked with diverting more than 90 percent of waste, which required working with the Monterey Peninsula Foundation on purchasing decisions; with the waste hauler, Waste Management, Inc. (WMI) on strategic dumpster placement and transporting dumpsters to different locations for sorting during the event. TOP also had to create a new stewarding strategy, which would streamline the hauling and sorting of compostables, simplify trash and recycling bag separation, and designate an area for construction/demolition materials consolidation.

“TOP is inspired by a vision to create a world without waste and PBC and PBCSD embraced that vision. They

offered financial and staff support to help us rewrite the playbook for waste diversion at Pebble Beach Resorts.” said Kristin Cushman, executive director and founder of TOP. “Once the issues were identified and stakeholders were engaged, diversion strategies were developed to sort and process materials; training hundreds of event staff and volunteers along the way.”

Overall, about 100 tons of material was reused, recycled, upcycled or composted out of a total of 108 tons of “waste” material.

PBC donated 7,184 pounds of unused food to the Food Bank of Monterey County.

A collaborative effort was made to develop regional and state markets for leftover event materials that have traditionally gone into trash dumpsters. Overall, about 100 tons of material was reused, recycled, upcycled or composted out of a total of 108 tons of “waste” material.

PBC donated 7,184 pounds of unused food to the Food Bank of Monterey County. Other participants included Waste to Waves, which upcycled 130 yards of Styrofoam into local surfboards; Terracycle, which accepted sixteen 32-gallon bags of wrappers and chip bags for upcycling into shopping bags; and the Last Chance Mercantile at the Monterey Regional Waste Management District (MRWMD) landfill in Marina, Hope Services of Seaside and ASIL.com of Los Angeles, which accepted 62.6 tons of Astroturf, rope, wood/laminate flooring, e-waste and fence meshing for reuse or recycling. Ninety more yards of construction and demolition material also went to the MRWMD Materials Recovery Facility (MRF) for reuse or recycling, while 14,500 pounds of food waste went to the MRWMD’s anaerobic digesters for electricity and compost production. A Pacific Grove furniture refurbisher accepted 12 pieces of damaged furniture from the event.

At the end of the day, 85 dumpsters were pulled from the event and only five of those were considered trash.

AT&T Pro-Am accomplished 93 percent of waste diversion, making it the first PGA event in California and the second ever PGA event to achieve this goal - a significant environmental achievement.

Tons of Fun – and Only Four Pounds of Trash!

PBCSD’s commitment to environmental stewardship is exhibited also at its popular annual Open House and Barbeque, which is attended by approximately 1,000 Pebble Beach residents and guests on a Saturday every June. The event provides an opportunity to meet district directors, firefighters and other staff, tour the facilities, visit display booths with many exhibitors, purchase or recharge fire extinguishers, participate in children’s activities (including a bounce house, fire training trailer, educational puppet shows and contests for prizes); and even practice putting out a fire with help from firefighters.

The event also provides an opportunity to provide recycling information to attendees and sets an example by aiming to achieve “zero-waste.” Only compostable plates, utensils, cups, napkins and other food products are used at the event. TOP and MRWMD staff and volunteers participate by working at source-separating collection stations and providing information.

As a result of joint efforts, the District Open House repeatedly becomes one of the most successful zero-waste events, with more than 99 percent waste diversion. This year, the event collected 320 pounds of food waste and compostables, 200 pounds of recycling, and one small bag of trash weighing only four pounds. All containers were recycled, and organic waste was composted and sold to California farms and vineyards.

Annual Household Hazardous Waste (HHW) and Electronics Waste (E-Waste) Collection Program Beginning in 2008, PBCSD has staged an annual HHW and E-waste Collection event by converting its parking lots into drive-through dropoff stations. The event called “Big Green” is held every year in September, Environmentally responsible purchasing practices on a Saturday from 9:00 a.m. to 2:00 p.m., giving Pebble Beach residents played a significant role in the success of the efforts. an opportunity to discard their household hazardous waste, paints, stains, Compostable coffee cups and utensils were used cleaning products, other toxic materials; and unwanted pharmaceuticals and throughout the tournament; and bulk condiments were old electronics in a convenient way and free of charge. The event is another available instead of condiment packets, which are a major great example of success by collaboration among various agencies. PBCSD source of food waste contamination. A public education includes a “save the date” blurb in the spring/summer issue of its newsletter; component was incorporated by placing “zero-waste then advertises the event about four weeks prior by mailing a notice to stations” in all food concession eating areas. All stations residents; and finally a garbage truck driver attaches another reminder cart were manned by a volunteer who instructed event-goers to emptied containers the week before, on the collection day. PBCSD has on how to separate their own compostables, recyclable been contracting with PSC Environmental, a professional company with and trash items. These bags were sorted for a second time necessary permits and expertise to collect HHW. Waste Management, in order to remove any remaining contamination from Inc. (WMI), the current solid waste franchise holder, has been providing the compostable materials. continued on page 26

California Special District – November-December 2014

Partnerships reduce waste at incredible levels [continued] containers, equipment and staff to collect E-waste.

MRWMD staff also participates by selecting and taking reusable materials to offer to public free of charge at their Last Chance Mercantile.

The event receives high remarks from participants for its merits, organization and convenience. Resident’s do not have to leave their vehicles as PBCSD firefighters unload the vehicles as they drive through the collection points; while maintenance department staff directs the traffic flow and administrative staff greets the residents and helps with logistics. This year 373 cars were served (considered a very high participation rate in a community of 2,700 homes) at the event. Almost six tons of E-Waste, 5.1 tons of HHW; 1,164 pounds of reusable items that will be offered to public at no cost at MRWMD and 290 lbs. of pharmaceuticals/medical waste have been collected. It is a happy event for all participants, since it protects people, animals, the ocean and our planet while purging the houses, offices and garages of toxic materials; which may also be fire hazards.

Collection of Pharmaceuticals and Medical Waste, An On-Going Program PBCSD newsletters have been informing residents about the harmful effects on the environment, aquatic life and drinking water supplies when medicines are disposed down the toilet or drain. In an effort to provide a secure and environmentally responsible way to dispose of expired or unused medications, vitamins and supplements, needles and syringes, and all prescription, over-the-counter and veterinary drugs, PBCSD started an on-going medical take-back program in November 2014. Now all those items can be disposed regularly Monday thru Thursday at the two kiosks placed inside the fire station lobby—one for pharmaceutical waste, and another for sharps, needles, syringes, scalpels, lancets and blood glucose test strips.

New Hauler- GreenWaste Recovery Recently, the PBCSD Board of Directors approved a 15-year Solid Waste, Recyclable and Organics Collection Services Franchise Agreement with Green Waste Recovery Inc. (GWR), following a region-wide competitive proposal process involving PBCSD and six neighboring cities. Under the new agreement, GWR will take over services on July 1, 2015 when the agreement with the current hauler, WMI expires. GWR was the lowest of the four cost proposals received, and has approved franchise agreements with the six other neighboring cities who participated in the competitive

26

Request for Proposal: Carmel-by-the- Sea, Del Rey Oaks, Marina, Pacific Grove, Sand City and Seaside.

The selection process included evaluation of proposals by a Technical Advisory Committee composed of senior staff from participating agencies and MRWMD, the owner/operator of the landfill in Marina.

GWR will use public facilities to be constructed at MRWMD landfill, including a Compressed Natural Gas (CNG) vehicle fueling station, a maintenance yard, and a local customer service call center. GWR trucks will be fueled with environmentally friendly CNG, which has a dramatically lower carbon footprint than gasoline.

Meeting State Recycling Goals PBCSD has reduced its landfill input by nearly 70 percent since 1989— far surpassing the 50 percent reduction required by state law—due to diligent recycling

by Pebble Beach residents and the programs presented above. The GWR agreement includes new recycling programs designed to help PBCSD do its part in meeting the recently passed legislation, Assembly Bill 341, which established a statewide 75 percent recycling goal by 2020. PBCSD also plans to continue its participation in innovative partnerships and programs to help reduce the carbon footprint of our community as a whole.

BUSINESS AFFILIATE special acknowledgements

Atkinson, Andelson, Loya, Ruud & Romo Legal www.aalrr.com

HdL Coren & Cone Property tax consulting www.hdlcompanies.com

Burke, Williams & Sorensen, LLP Consulting, Legal www.bwslaw.com

Meyers Nave Legal www.meyersnave.com

California CAD Solutions, Inc. Construction, Technology www.calcad.com

PARS Benefits, Retirements www.pars.org

CPS HR Consulting Consulting, HR, Recruiting, Training www.cps.ca.gov

Special District Risk Management Authority Risk management coverages www.sdrma.org

CSDA Finance Corporation Tax-exempt financing www.csdafinance.net

USC SOL Price School of Public Policy Higher Education www.usc-edu/schools/

Hanson Bridgett LLP Legal www.hansonbridgett.com

Thank you to our diamond and gold level business affiliates for their generous support.

highlight

Keep Updated on New Employment Law Starting January 1, 2015, several new employment laws will go into effect. CSDA members can keep updated on new laws and save on required employment notices with a special member benefit offered by CalChamber. New customers can save 10 percent on purchases by visiting www.calchamberstore.com and using priority code CSDAR at checkout.

For more information, contact CalChamber’s Business Services Division at 800.331.8877.

California Special District – November-December 2014

[Solutions & Innovations]

District’s state-of-the-art building is ahead of the curve

By Greg Augst, Director of General Services, SMUD

W

hen the Sacramento Municipal Utility District (SMUD) came into being in 1946, it served about 65,000 customers. Today, it serves nearly ten times that number and the service territory has more than doubled.

In 2009, SMUD took advantage of another grand opportunity as it was awarded a $127 million smart grid infrastructure grant by the Department of Energy.

The grant provided the foundation for SMUD’s SmartSacramento project and laid the foundation for the smart grid.

Over the last decade, as operations continued to get tighter in its existing buildings and the local real estate market contracted with the economy, opportunities arose. SMUD took advantage of the downturn in real estate values and purchased an old rock quarry at a rock bottom price and began building a diamond in that rough.

SmartSacramento

The East Campus Operations Center, or EC-OC, was planned to be a multi-use expansion that would serve as a smart grid nerve center, corporate yard, and muchneeded office space for SMUD employees. Its central location put line crews and troubleshooters, the workers who keep the lights on, in a more centralized location to more quickly respond to power outages.

The building features a state-of –the-art energy efficiency design and systems as well as renewable power generation sources that enables the building to generate as much power as it uses. For this the U.S. Green Building Council certified it LEED aPlatinum.

The EC-OC project helped the regional economy with the influx of 300 construction jobs. Thirty-three of the 35 subcontractors hired were locally based. And local small businesses were subcontracted for more than $30 million worth of work.

28

The electric industry is shifting from a centralized, producer-controlled network to one that is less centralized and more consumer-interactive.

SmartSacramento, SMUD’s smart grid project, is one of the most significant projects SMUD has ever undertaken. SMUD’s focus on both projects is to “benefit the customer.” The Sacramento region is already reaping many of the benefits of this technological evolution.

Inside the EC-OC is where the nerve center for the smarter, more efficient smart grid is located. It starts with smart meters, the backbone of the system that provides immediate two-way communication between the utility and the customer. Since a smart grid is in many respects self-healing thanks to the meters and other technology, it’s capable of automatically detecting, isolating and responding to power outages. Because of the smarter grid, utilities like SMUD have an easier time integrating renewable resources such as solar and wind into the grid while continuing to provide the reliable power our customers expect.

share your solutions and innovations Do you have a new program, process or facility that increases efficiency, reduces costs, improves service or otherwise helps make your community a beter place to live? California Special District wants to know about it! Contact Nicole Dunn at nicoled@csda.net or (877) 924-2732.

In applying for the federal grant, SMUD lined up six community partners that are helping SMUD test smart grid efficiency applications and share in the benefits while committing matching funds of their own: • Sacramento State • California’s Department of General Services • The County of Sacramento • Los Rios Community College District • Elk Grove Unified School District • Sacramento City Unified School District At that ribbon-cutting ceremony last year, DOE Assistant Secretary Patricia Hoffman talked about community, too, in praising SMUD’s smart-grid work. “This project exemplifies everything we’re trying to achieve (at the DOE).

What SMUD has done is pull the community together,” Hoffman said. “This is the business model for the future.”

The project encompasses dozens more separate projects in such areas as advanced metering infrastructure, demand response systems, customer applications like energy management tools, new pricing plans, electric-vehicle charging strategies and cyber security, each of which are geared toward saving energy, money and protecting the environment, while improving and maintaining high reliability--all key aspects of boosting economic development and growth in the Sacramento region.

The Most efficient Corporate Yard in the Nation SMUD’s new EC-OC demonstrates our commitment to the community. For decades we have preached the value of energy efficiency as a commodity. Why would an electric company want customers to use less? There is a balance between supply and demand, a sweet spot, where everyone, customers and utility benefit. The building is a net-zero energy user, meaning that over the course of a year, the site will produce as much energy as it consumes. The energy is coming from solar arrays that can produce 1 megawatt of electricity, as well as other renewable technologies, combined with top-flight energy saving strategies.

All new commercial buildings in California will be required to be net-zero-energy by 2030. This facility is 17 years ahead of the curve.

The square footage of buildings at the EC-OC is comparable to square footage of other SMUD buildings, yet the new campus will use only about one-third the energy. The environmental goals for the campus came before anything else. Well before the design-build project was put out to bid, SMUD pushed the energy efficiency concepts far beyond California’s Title 24, which spells out efficiency requirements. To hold down the solar cost, energy efficiency was maximized.

Three key technologies deliver the savings: • Underground geothermal heat-pump system, which is extremely efficient.

• Radiant heating and cooling in all of the buildings.

• LED lighting throughout the campus.

Campus energy use is 50 to 60 percent lower than Title 24 requires. The annual electricity savings are enough to power 334 homes, and the volume of avoided carbon dioxide emissions will be equivalent to taking 4,000 cars off the road.

The new campus sets a great example for the architectural, engineering and construction community, as well as our customers and the utility industry, finding a way to dramatically cut energy usage without giving up comfort and convenience.

California Special District – November-December 2014

While the Department of Energy grant was a major factor, the East Campus-Operations Center project involved cooperation and teamwork at the local, state and national levels.

At the ribbon-cutting ceremony last year, US Congresswoman Doris Matsui commended SMUD’s leadership and its role in the region.

“It’s unique for a community to share a bond with an electric utility. But that’s what we’ve had with SMUD,” said Matsui. “The economic and environmental health of our region owes much to SMUD.”

About Sacramento Municipal Utility District As the nation’s sixth-largest community-owned electric service provider, SMUD has been providing low-cost, reliable electricity for more than 65 years to Sacramento County (and small adjoining portions of Placer and Yolo Counties).

SMUD is a recognized industry leader and award winner for its innovative energy efficiency programs, renewable power technologies, and for its sustainable solutions for a healthier environment. SMUD is the first large California utility to receive more than 20 percent of its energy from renewable resources.

For more information, visit www.smud.org.

[Community Connections]

Recycled water fill station keeps bay area residential landscapes green

By Sue Stephenson, Community Affairs Supervisor, Dublin San Ramon Services District

On June 12, 2014, Dublin San Ramon Services District (DSRSD) opened the Residential Recycled Water Fill Station for Bay Area residents to come and get recycled water to irrigate their yards.

“We wanted to help our customers and neighboring communities survive the 2014 drought,” says Operations Manager Dan Gallagher. “And to be honest, I thought only a handful of folks would take us up on our offer. Hauling water is hard work.”

Much to staff’s surprise, demand was so great, averaging 100 to 150 visitors a day during the hot summer months, they expanded the three hose bibs initially installed to five “back-in” hose bibs and three “drivethrough” hose bibs. They also had to expand hours of operation to seven days a week.

By October 31, more than 2.25 million gallons of recycled water had been hauled away in everything from one-gallon jugs to 300-gallon carboys anchored on flatbed trailers. Five-gallon pails and fifty-five gallon drums secured in pick-up trucks seem to be very popular means of transporting the recycled water.

DSRSD’s program is free to any Californian, not just DSRSD customers, and close to 500 individuals have been permitted and trained to use recycled water on their home landscapes. Only 26 percent (125 people) of these residential recycled water users are actually district customers; 67 percent are from the City of Pleasanton, and the remaining seven percent come from as far north as El Sobrante (32 miles), as far south as Santa Clara (30 miles), as far west as San Leandro (15 miles), and as far east as Sunol (13 miles).

It took two months for DSRSD staff to receive regulatory approval, first from the Department of Public Health and then from the Regional Water Quality Control Board. Within eight days of receiving final approval, DSRSD opened the Residential Recycled Water Fill Station for business.

30

About three weeks later, the City of Livermore opened their recycled water fill station and four months later, Central Contra Costa Sanitation District (CCCSD) opened their recycled water fill station. “I can’t tell you how helpful your staff has been in getting our program approved,” said Assistant Engineer Melody LaBella at CCCSD, “DSRSD’s leadership in recycled water is sure appreciated.”

“The recycled water we make via sand filtration is ideal for irrigation,” says Clean Waters Program Specialist Stefanie Olson, “because it contains nitrogen which is found in fertilizer.” Olson is responsible for managing the program and gladly shares the regulatory approved documentation with agencies interested in opening their own recycled water fill station.

An unexpected benefit of the Fill Station has been the sense of community it has created. Frequent users are getting to know one another and advise one another on containers, pumps and level indicators. “I’ve lived in Dublin for 17 years and I haven’t experienced ‘community’ until I joined the recycled water program,” says Mary Bertelson.

Early on, a few users requested a Facebook page (facebook.com/freerecycledwater), so DSRSD staff created one for them and they use it to share ideas about where to get containers, how to measure the water level as they’re filling a container they can’t see through, and how to get the water out of the 55-gallon drum in the back of a pick-up and onto the landscape.

Share your community connections Is your district interacting with the community in a new and original way? California Special District wants to know about it! Contact Nicole Dunn at nicoled@csda.net or (877) 924-2732.

How It Works

History of Recycled Water at DSRSD

Before coming to the fill station the first time, folks are encouraged to download the Use Agreement from DSRSD’s website (www.dsrsd.com), read it and sign it. The three-page agreement explains suitable uses for recycled water: to irrigate trees, gardens, vegetables, and lawns; and, wash outdoor furniture, pathways, walls, and windows. The agreement explains that recycled water is not suitable for drinking, cooking, bathing, filling swimming pools or spas, children’s water toys, and it cannot be connected to the household domestic plumbing system.

The district has been making recycled water, via microfiltration and ultraviolet disinfection, for irrigation and construction since 1999. In 2006, DSRSD partnered with East Bay Municipal Utility District (EBMUD), to expand treatment facilities and began producing recycled water via sand filtration and ultraviolet disinfection. DSRSD uses more than 61 miles of purple pipe to deliver the recycled water to 347 locations and 10 purple hydrants. Since 2006, the partnership has produced more than seven billion gallons of recycled water.

In 2007, the district began permitting commercial truckers to fill their tanks with recycled water at our commercial fill station. This year alone, 32 commercial haulers have already delivered 15.5 million gallons of recycled water for irrigation, construction grading and dust control.

When first-time users arrive at the fill station, they are trained in the proper procedures for handling recycled water.

They sign the Use Agreement, and receive a wallet card that shows they’ve been trained. Fill station users are given purple stickers for their containers, making it obvious the water in the container is not drinkable, but is intended for irrigation or cleaning purposes. Then the users can fill up their containers and haul the water home. On subsequent visits, fill station customers simply show their wallet card, sign in, note the amount of water they are taking, and fill up. Fill station customers are welcome to come as often as they want on any given day, taking up to 300 gallons per load.

In 2014, 23 percent of DSRSD’s total water sales were recycled water. During the hot, dry summer months, the district was recycling about half of the wastewater coming into the plant. Recycling 100 percent of the wastewater year-round is a long-term goal for DSRSD.

Need budget balancing tools?

More than 600 public agencies have chosen PARS for retirement solutions that help save money such as: • OPEB pre-funding trust to reduce liabilities • Social Security alternatives for part-timers to save 79% • Leave conversion plans to reduce large payouts at the end

800.540.6369 x 116; mbarker@pars.org www.pars.org ©2014 Public Agency Retirement Services (PARS). All rights reserved.

California Special District – November-December 2014

Legal Brief Pro-Labor PERB Decisions Impact Special Districts’ Bargaining Obligations

By Nate J. Kowalski, Jay G. Trinnaman, and Christine Diaz-Herrera, Atkinson, Andelson, Loya, Ruud & Romo

With Governor Jerry Brown’s triumphant return to Sacramento in 2011, the political landscape in California shifted in favor of the state’s labor force.

After Governor Brown made several appointments to California’s Public Employment Relations Board (PERB), the administrative agency that is tasked with oversight of labor relations of public sector employees, PERB has issued a number of rulings that benefit public employee unions at the bargaining table. Conversely, special districts with unionized workforces have cause for concern as two decisions by PERB this year will impact the methods by which they approach bargaining disputes with their workforces.

Overview: Negotiation, Impasse, and Factfinding The Meyers-Milias-Brown Act (MMBA) governs labor relations between public sector employers and employees, including the right of public sector employees to be represented by a union. Since 2001, California cities, counties, and most special districts have come under PERB’s jurisdiction.

Under the MMBA, a public employer has a duty to “meet and confer” or bargain in good faith with a recognized union representative regarding the wages, hours, and other terms and conditions of employment of its employee members. This duty requires the public agency to refrain from making unilateral changes in the employees’ wages and working conditions until the employer and employee association have bargained to impasse. PERB has held that an impasse in bargaining exists where the “parties have considered each other’s proposals and counterproposals, attempted to narrow the gap of disagreement and have, nonetheless, reached a point in their negotiations where

32

continued discussion would be futile.” After the passage of Assembly Bill 646 in 2011, the MMBA was amended to provide unions the right to “request that the parties’ differences be submitted to a factfinding panel.” (Gov. Code § 3505.4.) In general, a factfinding panel will hear evidence on the issues in dispute and provide findings and recommended terms for settlement, which are not binding upon the parties. Only after completion of the statutorily mandated factfinding procedures, can public employers impose their “last, best, and final offer” on the subject of the parties’ negotiations. (Gov. Code § 3505.7.)

PERB’s Decisions Impacting Special Districts’ Bargaining Obligations Against this backdrop of mandated factfinding for impasse resolution, PERB issued two decisions in 2014 that benefit employee organizations in the negotiation process. In County of Contra Costa (2014) PERB Order No. AD410-M, PERB addressed the issue of whether mandatory factfinding applied only to impasses stemming from collective bargaining on a new contract or whether it was a more expansive obligation. In a decision with far-reaching implications, PERB ruled that factfinding applied to all bargaining disputes under the MMBA, thereby expanding the requirement to apply to impasses on single issues, the effects of managerial decisions, and contract re-openers.

In Contra Costa, the parties had reached agreement on every aspect of the creation of a new classification except salary. The parties declared impasse, and the union filed a factfinding request with PERB. The employer opposed the request, arguing that factfinding is only available when parties reach impasse regarding a collective bargaining agreement. PERB disagreed and ordered the parties to proceed to factfinding. In its ruling, PERB noted that under other labor relations statutes administered by PERB, factfinding has been held to extend to negotiations over all matters within the scope of representation. In light of that precedent and the similarity between the other labor relations statutes and the MMBA, PERB reasoned that there was no reason to treat factfinding under the MMBA differently. PERB also

PERB may adopt a similarly broad standard of protected concerted activity that would impact special districts, regardless of whether their employees are formally represented by a labor organization.

noted that the MMBA referred to “differences” and “disputes” when addressing factfinding, which is broad enough cover any unresolved dispute over a mandatory subject of bargaining.

Ultimately, PERB’s rationale focused on the purpose of factfinding: the resolution of bargaining impasses. PERB stated that the legislative intent behind AB 646 was to “prevent agencies from rushing through the motions of the meet-and-confer process to unilaterally impose the agency’s goals and agenda.” PERB reasoned that if factfinding was limited to disputes over a bargaining agreement, agencies could avoid factfinding altogether by conducting separate negotiations over certain terms and conditions of employment during the term of a contract which would be detrimental to the bargaining process.

By contrast, two superior courts have ruled that factfinding does not apply to single issue disputes. While those two cases are pending on appeal, a special district must still be cognizant of PERB’s interpretation of the broad scope of mandatory factfinding when considering its obligations in single issue disputes. In deference to these pending cases, Governor Brown vetoed AB 2126 on September 30, 2014, which would have amended the MMBA to provide for mandatory factfinding in single issue disputes.

In SEIU Local 721 v. County of Riverside (2014) PERB Dec. No. 2360M, PERB again sided with labor, in a dispute concerning the timing of an employer’s declaration of impasse in 2009. The critical issue was whether the County reached a bona fide impasse during contract negotiations during which the County was looking to reduce labor costs, including a freeze in step increases. While a tentative agreement had been reached regarding the step increase, the parties were still negotiating on other items. Despite an indication by the union that it was flexible regarding the remaining items, the County declared impasse and unilaterally imposed the step increase. In 2009, mandatory factfinding under the MMBA was not yet in existence. Given the union’s flexibility, as well as evidence that the County was motivated by a deadline to achieve economic concessions before the next budget year, PERB determined that there was no genuine impasse. Because the County had acted prematurely in its unilateral implementation, PERB ordered the County to provide back pay for the lost wages from the step increase plus interest.

Notably, PERB ruled that the County’s premature declaration of impasse and unilateral change of wages (by freezing step increases) was a per se violation of the MMBA that did not require a showing of bad faith.

In light of the decision in Riverside, special districts now must be cognizant that PERB will likely deem a declaration of impasse as premature even if driven by the agency’s professed need to balance its budget for the fiscal year. As long as either party has demonstrated flexibility regarding the items in dispute, there is a continued obligation to meet and confer in good faith.

California Special District – November-December 2014

On the Horizon These decisions will impact special districts with unionized workforces, but PERB’s pro-labor tendencies could also have an impact on non-unionized employers in the future. While the National Labor Relations Board (NLRB) governs labor relations in the private sector, PERB has borrowed from the NLRB’s interpretations in the past. In its recent decision in Fresh & Easy Neighborhood Market, Inc. and Margaret Elias, the NLRB held that an individual employee was engaged in protected concerted activity under the National Labor Relations Act when she sought help from her coworkers in initiating a sexual harassment complaint. In this extreme example, the NLRB broadened the scope of protected activities from those involving traditional union activities to a single employee looking to address a workplace concern. PERB may adopt a similarly broad standard of protected concerted activity that would impact special districts, regardless of whether their employees are formally represented by a labor organization.

leadership

Scholarship money now available for more districts 2015 Education Allowance Fund: Education Allowance Funds can be used for the following qualifying CSDA events: Special District Leadership Academy Conference, Special District Board Secretary/Clerk Conference, So You Want to Be A General Manager? workshop, CSDA’s General Manager Leadership Summit, Annual Conference & Exhibitor Showcase, Special District Leadership Academy workshops, other CSDA workshops and webinars.

At their November 2014 meeting the Special District Leadership Foundation (SDLF) approved $18,000 in scholarship funds for special district elected/appointed officials and staff for 2015. SDLF also expanded the funds to allow for applicants from special districts with budgets of under $10 million (previously the limit was $5 million). The three funds have rolling application deadlines of the 15th of each month. Applicants are encouraged to submit their applications early. Funds are awarded as available. All applications are available online at www.sdlf.org.

2015 Dr. James Kohnen Scholarship: Provides scholarships for registration fees for all four modules of the Special District Leadership Academy or the Special District Leadership Academy Conference. Open to elected/appointed special district board members from districts who have not previously completed the Special District Leadership Academy.

2015 John Yeakley Special District Administrator Scholarship: Provides scholarships for registration fees for continuing education related to governance and operations for general managers and executive staff.

Applicants must be currently pursuing their Special District Administrator (SDA) designation.

The SDLF board also approved new reduced fees for the District of Distinction Accreditation in 2015, starting as low as $125 for districts with operating budgets of under $300,000 and will continue to offer the Transparency Certificate of Excellence program at no charge to participating districts.

Congratulations to those who have completed the following SDLF programs.

Special District Administrator Certification

Districts of Distinction Accreditation

• Ryan Gross, SDA – September 2014 • Michael Bardin, SDA Renewal – October 2014

• • • •

34

Temecula Public Cemetery District Accreditation – August 2014 Leucadia Wastewater District Reaccreditation – August 2014 Chino Valley Independent Fire District – September 2014 Stege Sanitary District – September 2014

Public Member Appointees

CSDA Appointees

Katie Kolitsos, Chief Consultant, Assembly Local Government Committee Geoffrey Neill, California State Association of Counties

Stanley Caldwell, Mt. View Sanitary District Jo MacKenzie, Vista Irrigation District Sherry Sterrett, Pleasant Hill Recreation & Park District

Staff

SDRMA Appointees Special District Leadership Foundation 1112 I Street, Suite 200 Sacramento, CA 95814 www.sdlf.org

David Aranda, SDA, North of the River Municipal Water District Sandy Raffelson, Herlong Public Utility District Jean Bracy, SDA, Mojave Desert Air Quality Management District

District Transparency Certificate of Excellence • • • • • • • • • • • •

Neil McCormick, Administrator Megan Hemming, Program Manager Charlotte Lowe, Program Assistant Rick Wood, Finance Manager

Recognition in Special District Governance

Lake Shastina Community Services District – August 2014 Temecula Public Cemetery District – August 2014 Livermore Area Recreation & Park District – August 2014 Running Springs Water District – August 2014 Monterey Regional Waste Management District – August 2014 Reclamation District 1000 – August 2014 Yorba Linda Water District – August 2014 Pleasant Valley Recreation & Park District – September 2014 Highlands Recreation District – September 2014 Serrano Water District – September 2014 Desert Recreation District – October 2014 Orange County Sanitation District – October 2014

• • • • • • • •

Frank Cobo, Midway City Sanitary District – August 2014 Joy Neugebauer, Midway City Sanitary District – August 2014 Margie Rice, Midway City Sanitary District – August 2014 Midway City Sanitary District Silver Recognition – August 2014 Alan Smerican, Santa Fe Irrigation District – September 2014 Rodney Gould, Isla Vista Recreation & Park District – October 2014 Mary Ann Melleby, San Gorgonio Pass Water Agency – October 2014 Alex Brandon, Phelan Pinon Hills Community Services District – October 2014

Special District Leadership Foundation Programs promoting good governance.

up for the

Challenge?

Prove your commitment to transparency

District Transparency Certificate of Excellence A stand-alone program of SDLF, made available to districts that apply and meet certain requirements. It is also a required component of the District of Distinction Accreditation. This program promotes transparency in the operations and governance of specials districts to the public.

For more information and an application, visit www.sdlf.org or call 916.231.2939.

SDLF is supported by

California Special District – November-December 2014

The Special District Leadership Foundation (SDLF) is a an independent, non-profit organization formed to promote good governance and best practices among California’s special districts through certification, accreditation and other recognition programs.The SDLF and its activities are supported through the California Special Districts Association and Special District Risk Management Authority.

In-Brief [continued from page 19]

a computerized video system. During the session, the therapist can control the cameras on the patient’s end to zoom in or change angles, and to ensure the patient’s privacy, the Internet connection is extra secure. “It’s the coming wave of medicine – especially in rural areas,” says District CEO Ray Hino. To launch the project, the district received a $30,000 grant from the California Endowment. The grant financed the first year of the program, wherein 547 residents were able to take advantage of the service. The district hopes to expand the program to include video sessions with a psychiatrist, who can counsel patients and also write prescriptions, when needed. Hino hopes to eventually see the program expand to other medical specialties, which would allow the district to provide more services to the community, without having to recruit doctors to move nearby.

EVMWD Uses Grant to Encourage Water Conservation, Community Connections and Education

The district has removed the waterdevouring trees and replaced them with four concrete planters equipped with drip irrigation systems. In November, 40 local elementary school students were invited to plant manzanita, Cleveland sage and other drought-tolerant shrubs and flowers in the planters. The new plants will use just 3,120 gallons per year, a 70 percent reduction from the 10,000+ gallons consumed by the liquid ambers. The district also held an art contest in which kindergarten through fifth-graders designed posters promoting conservation. The top 16 designs will be converted in January into ceramic tiles attached to the concrete planters.

Serving Local Government and California Public Agencies for Over 30 Years.

Effective Public Outreach Practical Strategic Planning

Effective Public Outreach Practical Strategic Planning

In response to the drought, Elsinore Valley Municipal Water District408/374-0977 (EVMWD) has undertaken a landscaping makeover.

With assistance from a $36,805 Environmental Solutions for info@rauchcc.com Communities grant from Wells Fargo, EVMWD has replaced www.rauchcc.com four water-guzzling liquid amber trees at its headquarters with a drought-tolerant garden that will feature mosaic art by local elementary school students. The innovative project will showcase drought-tolerant plants and water-saving irrigation methods that can drastically shrink customer water bills. “It’s one thing to urge conservation; it’s another to create a demonstration project that involves hundreds of elementary school students and will be seen by thousands of customers who pay their bills in person at EVMWD headquarters each month,” said Andy Morris, EVMWD president.

Big enough to have all the needed expertise.

Small enough to focus on your needs.

408/374-0977 info@rauchcc.com www.rauchcc.com Contact us for a FREE consultation.

36

California Special Districts Alliance Bringing the best in resources, products and services to all special districts.

Services & Benefits

Coverage protection

Financing

• Advocacy

• Property/Liability

• Infrastructure Improvements

• Education

• Workers’ Compensation

• Buildings, Land & Equipment

• Cost Saving Programs

• Health Benefits

• Refinancing

877.924.2732

800.537.7790

877.924.2732

www.csda.net

www.sdrma.org

www.csdafinance.net

anaging Risk

New laws in 2015

On behalf of the Board of Directors and staff of SDRMA we would like to wish all our readers and participating program members a very happy, healthy and safe 2015!

Assembly Bill 326: Mandatory Reporting to OSHA Employer must immediately report (phone or email) to the Division of Occupational Safety and Health a severe injury, illness or death. Other injuries must be reported within 5 days if they result in lost time beyond the date of injury or illness or require medical treatment that is more than just first aid. Penalty $5,000 for failure to timely report.

AB 1522: Paid Sick Leave, up to 3 Days Annually AB 1522 (officially entitled The Healthy Workplaces, Healthy Families Act of 2014) requires California employers to pay employees for up to three days of sick leave per year, effective July 1, 2015. It adds new sections 245249 to the California Labor Code.

A quick summary of AB 1522 provisions: • Most employees (exempt and non-exempt) who work in California for at least 30 days will be entitled to paid sick days at the employee’s regular rate of pay. This includes temporary, part-time, and seasonal employees who work 30 or more days within a year from the date they are first hired.

• Paid sick days accrue at a rate of no less than one hour for every 30 hours worked. This equates to approximately 5.3 hours per month for employees who work 40 hours per week.

• An employer can limit an employee’s use of paid sick days to 3 days (24 work hours) per year.

• An employee is entitled to use accrued sick days beginning on the 90th day of employment.

• Employers are prohibited from discriminating or retaliating against an employee who requests paid sick days.

• Employers must satisfy specified posting and notice and recordkeeping requirements

A proud California Special Districts Alliance partner.

38

AB 1897: Employers Jointly Liable with Labor Contractors for Violations Existing law prohibits a person or entity from entering into a contract for labor or services with a construction, farm labor, garment, janitorial, security guard, or warehouse contractor, if the person or entity knows or should know that the contract does not include sufficient funds for the contractor to comply with applicable laws or regulations (e.g., minimum wage and workers’ compensation requirements).

AB 1897 requires a “client employer” to share liability with a labor contractor for the payment of wages, the failure to obtain valid workers’ compensation coverage, and all legal duties or liabilities under workplace safety provisions with respect to workers provided by the labor contractor. The new requirements do not apply to employers who have fewer than 25 employees or who hire fewer than 5 employees from the labor contractor. Additionally, the bill exempts from the definition of “labor contractor” specified nonprofit, labor, and motion picture payroll services organizations and 3rd parties engaged in an employee leasing arrangement, as specified.

Employers and labor contractors who are subject to AB 1897 cannot waive its provisions (the bill specifies that this would be contrary

Officers

David Aranda, President Muril Clift, Vice President, Cambria Community Services District Jean Bracy, Secretary, Mojave Desert Air Quality Management District Special District Risk Management Authority 1112 I Street, Suite 300 Sacramento, CA 95814 tel: 800.537.7790 www.sdrma.org

Members of the Board

Terry Burkhart, Bighorn-Desert View Water Agency Ed Gray, Chino Valley Independent Fire District Sandy Raffleson, Herlong Public Utility District Michael Scheafer, Costa Mesa Sanitary District

to public policy, void, and unenforceable), but AB 1897 also specifies that it does not prohibit client employers and labor contractors from mutually contracting for otherwise lawful remedies for violations of its provisions by the other party. AB 1897 adds new Section 2810.3 to the Labor Code.

AB 2536: Time Off for Emergency Rescue Personnel Labor Code section 230.3 prohibits an employer from discharging or in any manner discriminating against an employee for taking time off to perform emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel.

This bill expands the existing definition of “emergency rescue personnel” to include an officer, employee, or member of a disaster medical response entity sponsored or requested by the state. An employee who is a health care provider (as defined) must notify their employer at the time they become designated as an emergency rescue personnel, and when the employee is notified they will be deployed because of that designation.

Harassment Prevention Training: Prevention of Abusive Conduct AB 2053 requires employers that are subject to the mandatory sexual harassment prevention training requirement for supervisors to include a component on the prevention of “abusive conduct,” beginning January 1, 2015. “Abusive conduct” is specifically defined by the new law. For purposes of this section, “abusive conduct” means conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.

This new law does not mean that an employee can sue for abusive conduct in the workplace unless, of course, the conduct becomes discrimination or harassment against a protected class. The law merely requires training on prevention of abusive conduct.

California Special District – November-December 2014

Consultants

Lauren Brant, Public Financial Management Ann Siprelle, Best Best & Krieger, LLP David McMurchie, McMurchie Law John Alltop, Bickmore Risk Services & Consulting Charice Huntley, River City Bank James Marta, CPA, Auditor Karl Snearer, Apex Insurance Agency Doug Wozniak, Alliant Insurance Services, Inc.

SDRMA Staff

Gregory S. Hall, ARM, Chief Executive Officer C. Paul Frydendal, CPA, Chief Operating Officer Dennis Timoney, ARM, Chief Risk Officer Ellen Doughty, Chief Member Services Officer Nicole Rushing, Finance Manager Debra Yokota, Claims Manager Karen Lafferty, AIC, Senior Claims Examiner Wendy Tucker, Senior Member Services Specialist Alana Batzianis, HR/Health Benefits Specialist II Jennifer Ng, Claims Examiner I Shawn Vang, Accountant Rajnish Raj, Accounting Technician Rachel Saldana, Administrative Assistant

AB 1443: Prohibits Discrimination and Harassment of Unpaid Interns and Volunteers Court rulings in several other jurisdictions have suggested that unpaid interns and volunteers are not employees for purposes of harassment and discrimination laws. This bill amends FEHA to extend those protections to interns and volunteers. It amends Government Code section 12940(c) – which currently prohibits discrimination in apprentice training programs – to also preclude discriminating against interns and volunteers on the basis of any legally protected classification (e.g., race, religion, disability, etc.) and to prohibit sexual harassment of them, and to extend the existing religious belief accommodation requirements to them. continued on page 46

Communicate on Point

Persist through challenge

Persuade with Integrity Commit to Excellence

A law firm dedicated to good governance since 1986. www.meyersnave.com 800.464.3559

Money Matters Local CSD goes solar to save $13 million in utility costs Edison. These bill credits, which are offered by all of California’s investorowned utilities, will be used to offset electricity costs at other electric meters in PPHCSD’s service territory, creating significant expected general fund savings for the district.

RESBCT The new utility solar program is called the Renewable Energy Self-generation Bill Credit Transfer (RESBCT) tariff1, and is sometimes affectionately referred to as the “Aretha Franklin” tariff.

Phelan Piñon Hills Community Services District (PPHCSD) is the largest community services district in San Bernardino County.

Most recently, PPHCSD secured financing to begin development and construction of a 1.5-megawatt solar photovoltaic system with SunPower Corporation, a California-based solar technology and energy services company.

The system will be operational by the summer of 2015 - just in time to offset expected high utility costs.

What makes this project unique is that this system, which will cover nearly five acres of land with high efficiency solar panels, will connect to an existing electric meter on a remote dairy farm, which only needs about 0.2 percent of the total energy produced by the solar plant. The other 99.8 percent will be exported to the utility grid in exchange for “bill credits,” pursuant to a new utility program offered by Southern California

CSDA F C

A proud California Special Districts Alliance partner.

40

The RESBCT program is a utility-administered tariff that allows public agencies to generate electricity at one site, known as a “Generation Account”, and create bill credits for surplus generation not used onsite.

The bill credits can then be applied to offset generation costs at other service accounts at different facilities, anywhere in PPHCSD’s territory, known as “Benefiting Accounts.”

The RESBCT program offers the best economic value for public agencies with large electric loads, multiple electric service accounts, and real estate such as unused land or a large parking lot. This solar project will allow PPHCSD to build solar more cost effectively and save more money than it otherwise could by building solar at individual sites.

PPHCSD Decision to Pursue RESBCT PPHCSD had considered two solar possibilities: 1) install solar at individual sites and save on electricity costs at those sites only, or 2) install one solar system at one location and use bill credits to save on electricity costs at each of their 43 utility accounts.

Officers

James Acosta, President, Saticoy Sanitary District Jo MacKenzie, Vice President, Vista Irrigation District Paul Hughes, Treasurer, South Tahoe Public Utilities District

CSDA F C

CSDA Finance Corporation 1112 I Street, Suite 200 Sacramento, CA 95814 tel: 877.924.CSDA www.csdafinance.net

Members of the Board

Consultants

David McMurchie, McMurchie Law Josephine Libunao, BNY Mellon Trust Co., NA William Morton, Municipal Finance Corporation Saul Rosenbaum, Prager & Co., LLC Jeff Stava, Nossaman, LLP

CSDAFC Staff

Neil McCormick, Administrator Cathrine Lemaire, Program Manager Charlotte Lowe, Executive Assistant Rick Wood, Finance Manager

Leslie Keane, Orange County Cemetery District John Martin, Tehachapi-Cummings County Water District Matthew McCue, Mission Springs Water District Steve Perez, Rosamond Community Services District

Installing multiple systems across many sites would have required PPHCSD to enter into an equal number of utility interconnection agreements, O&M agreements, and to seek community support at each location. Also, each site may require its own geotechnical study, CEQA analysis, and other site-specific activities.

The second option proved to be significantly higher in value to PPHCSD because a single large system at one site can capture economies of scale and lower development risks while creating greater electricity savings.

SunPower helped PPHCSD identify a location for the plant that offered optimal conditions for solar, including ample underutilized space with little to no shading. PPHCSD only needed to engage the utility once for interconnection, develop one O&M plan, complete only one set of environmental reviews, and allow its community to provide feedback and approval at only one location. And most importantly, the economies of scale from one large solar project significantly drove down installation costs and development risks.

PPHCSD Savings from Solar In the first year of operation, the PPHCSD expects the solar project to provide over $400,000 in RESBCT bill credits, which will offset nearly 50 percent of the district’s total electric bill. Coupled with low-cost financing through CSDA’s Finance Corporation, the net (after debt) savings to PPHCSD over the 30-year life of the project is expected to exceed $13 million.

More Information For more information on going solar with RESBCT, please contact Mr. Mike Whatley, SunPower, at mike.whatley@ sunpower.com, or visit www. sunpower.com. The project owner representative is George Cardenas, PPHCSD engineering manager, who can be reached at GCardenas@pphcsd.org.

SunPower Corp. (NASDAQ: SPWR) designs, manufactures and delivers the highest efficiency, highest reliability solar panels and systems available today.

Residential, business, government and utility customers rely on the company’s quarter century of experience and guaranteed performance to provide maximum return on investment throughout the life of the solar system.

Headquartered in San Jose, Calif., SunPower has offices in North America, Europe, Australia, Africa and Asia.

1 The RESBCT program was created by Assembly Bill 2466 (Laird) and first implemented in 2010. Later, AB 512 (2011) expanded the program in 2012. It is codified in PU Code 2830.

Recently closed financings In October the CSDA Finance Corporation closed four financings for member districts, totaling nearly $7.5 million.

In addition to financing the solar project for Phelan Piñon Hills Community Services District, the Finance Corporation helped with the funding of a fire truck purchase, facility remodel and community center construction. Recently, the Finance Corporation expanded its consultant team, and the types of programs offered, with the addition of experts from Brandis Tallman.

For more information or a no-obligation quote, contact CSDA Finance Corporation at 877.924.2732 or visit www.csdafinance.net.

California Special District – November-December 2014

[What’s so special]

Taking the heat, and creating a kitchen Mojave Desert Air Quality Management District

Mojave Desert Air Quality Management District (MDAQMD) has developed a unique way to teach area students about solar power. The district holds a cook-off wherein students must construct devices that actually cook food using only the power of the sun. The cook-off encourages students to think outside of the box while learning about renewable energies. The event can be attended by community members who can also learn about renewable energies, and, hopefully, be inspired to implement them more in their own lives.

California Special District asked MDAQMD to explain how the cook-off works, why the district created it, and how it has benefitted the public.

Explain the Solar Cook-Off competition.

The Solar Cook-Off Competition is for students in grades 4-12, who, working together as a team, design and construct a working solar cooker, and develop original recipes for their cooker. Students must construct the cooker following specified construction guidelines for size and weight. Food cannot be precooked at home but must be assembled on the site once the start time begins. This eliminates any “reheating” vs actual cooking time. Teams are required to prepare three servings of each dish they have prepared for the recipe judges. Teams will be disqualified if their recipes do not meet food and safety requirements for minimum temperature at judging time.

The competition is divided into two judging categories: cooker design and recipe. Within each category, there are three grade divisions; 4-6; 7-9; and 10-12. A first, second and third place winner is selected in each grade division and category.

Brad Sherwood

42

Where did the idea for the cook-off originate?

The MDAQMD serves as the lead agency for the Mojave Environmental Education Consortium (MEEC), whose services are made possible through the generous support of more than 40 local businesses

Mojave Desert Air Quality Management District Established: 1993 Size: 20,000 square miles Population: 550,000

and organizations. MEEC is a public-private nonprofit organization which links High Desert educators with quality, standards-based environmental education resources, free of charge. MDAQMD, with a host of interested sponsors, founded (MEEC) in 2001, and through these sponsors is able to host 15-17 free Science, Technology, Engineering and Math (STEM) based environmental education educator workshops per year.

Renewable energy sources is a very popular topic that educators request to learn more about and share with their students, and the idea of the Solar Cook-Off evolved from one of these workshop discussions. To our knowledge, this is the only event of its kind anywhere in Southern California.

During the annual Youth Environmental Leadership and STEM Service-Learning conference, participating teams are provided with a workable solar oven and meet with a professional solar cooker designer to learn about construction design and how to develop recipes using a solar cooker.

The Solar Cook-Off Competition challenges students to use scientific know-how, creative thinking, teamwork and experimentation to design and build solar cookers. A design and cooking event, it is an excellent opportunity to combine the teaching of scientific and social principles in an atmosphere of fun and excitement.

Budget: $8.5 million Location: Victorville, California Website: www.mdaqmd.ca.gov

How does it follow with the district’s mission?

The district’s mission is to “attain and maintain a healthful environment while supporting strong and sustainable economic growth,” and an important goal of the district is to provide the public with access to high quality STEM-based environmental education resources. By providing free clean air education events to its educators and the community through educational programs, the MDAQMD is able to achieve this goal. The Solar CookOff provides students with resources on renewable energy solutions that allow them to make informed decisions on how they can personally prevent air pollution in their lives.

How does the Solar Cook-Off benefit members of the community?

The community is encouraged to attend the event and speak with the students and solar industry representatives/mentors to learn more about the program and how they can benefit from using solar to reduce air pollution, as well as lower their utility bills. As the solar energy capitol of the United States, the Mojave Desert’s residents benefit greatly from the annual Solar Cook-Off, learning first-hand that using a solar cooker provides an outdoor activity for the entire family that does not require any utility resource, and that there is actually more energy in the sunlight that falls upon a house than the total energy that a whole house uses over the course of a day. This natural no-cost-energy cooking approach provides for a more comfortable kitchen environment and significantly lowers home energy costs.

Does the district do any other activities with students in the area?

Through MEEC, the district provides field trips to environmentally relevant sites throughout the High Desert to more than 6,000 local students each school year, as well as essay contests on environmental topics, classroom presentations, a mentor and speaker bureau, and an annual Youth Environmental Leadership STEM Service -Learning Conference (YELC). More than 300 students and teachers attend YELC to learn about air quality, water conservation, natural resources, renewable energy, and robotics to name just a few topics. Attendees are also provided with resources and grant funds to assist them in developing an environmental STEM Service Learning project for their school or community.

California Special District – November-December 2014

The MDAQMD also hosts an annual “Clean Air Poster Contest” each year, encouraging students in grades K-12 to submit a poster relevant to that year’s clean air theme. This year’s poster theme was “Bad Air Day, What Can I Do?” Twelve winners are selected for each month and their drawing and picture is included in the calendar.

The MDAQMD is also involved with local schools through local and district level science fairs. Each year the MDAQMD recognizes “Outstanding Environmental Science Project” winners at local schools. The purpose of the program - which is open to students in grades K-12 attending school within the district’s boundaries – is to promote environmental education in local schools. Local students who develop outstanding environmentallythemed science projects at their school and district level science competitions are recognized with $25 and $50 gift cards respectively.

Do you have any advice for other districts who may want to hold a similar event?

We highly encourage air districts to form strong partnerships with local businesses and schools, as well as involving local media to participate in judging your event, which insures good media exposure for your activity.

And of course, remember to schedule your Solar-Cook-Off during a month with plenty of sunshine!

Thank you to Christie Robinson from MDAQMD for interviewing with California Special District.

[Business Directory]

ACCOUNTING

CONSULTING

SPECIAL DISTRICT AUDITOR Bob Johnson, CPA “Experienced”

YOUR BOARD TRAINING SOURCE 2.5 W x 2.55 IN H bw

A cost-effective service for board training and education

Serving Northern and Southern California

Targeted training delivered weekly by email.

24/7 access to quality resources on our site.

Free webinar/s for you or your Board.

Direct consultation with expert Brent Ives.

(916) 723-2555

Sign Up at www.GoodBoardWork.com!

E-mail: robertwjohnsoncpagroup@gmail.com

888.404.3518 • brent@bhiconsulting.com

FINANCIAL /INVESTMENTS

James Marta & Company LLP

CERTIFIED PUBLIC ACCOUNTANTS Accounting, Auditing, Tax & Consulting

SPECIAL DISTRICT FINANCIAL AUDITS

FINANCIAL PLANNING U T I L I T Y R AT E ST U D I E S E N E R GY CO N S U LT I N G BOND MARKETING

GASB 45 OPEB CALCULATIONS David Becker, CPA — Partner (916) 993-9494 dbecker@jpmcpa.com n www.jpmcpa.com

BARTLE WELLS ASSOCIATES I N DE PE N DE N T P U BL IC F I N A NC E A D V I S ORS

www.bartlewells.com RISK MANAGEMENT

Saving is Believing.

SDRMA, one-source for quality coverage protection programs and risk management services. More Savings, Value and Service. Tollfree 800.537.7790

LEADERSHIP

Special District Leadership Foundation

Get Recognized.

Financing • Infrastructure Improvements • Buildings, Land & Equipment • Refinancing 877.924.2732 csdafinance.net

Health | Property & Liability | Workers’ Compensation

44

LEGAL

OTHER

CSDA Career Center careers.csda.net HUMAN RESOURCES Public Sector Human reSourceS conSulting

Classification & Compensation Studies Staff and Executive Recruitment HR Audits and Compliance Organizational Assessments Performance Management

(510) 658-5633

www.KoffAssociates.com

For over 25 years, Meyers Nave has practiced public law in California, combining in one firm general counsel services as well as the many specialties that public agencies need. Our readiness to help clients find creative solutions coupled with our extensive knowledge of local, state and federal laws allow us to cut to the core of our clients’ issues and deliver solid results.

800.464.3559 • www.meyersnave.com

Oakland • Los Angeles • Sacramento • Santa Rosa • San Francisco • Fresno

CHOOSE WITH CONFIDENCE.

Proudly serving California Special Districts in all areas of:

- Employment Law - Labor Relations - Litigation - Retirement - Construction and Contracts - Wage and Hour - Management Training For more information, visit:

www.lcwlegal.com

LEGAL

Effective Public Outreach Practical Strategic Planning FIRM

Offering Innovative Solutions for Special Districts for 35 Years

Contact us

t: 916.231.2939 www.sdlf.org

(916) 983-8000 dmcmurchie@mcmurchie.com

California Special District – November-December 2014

408/374-0977 info@rauchcc.com www.rauchcc.com

Managing risk [continued from page 39] Volunteers and interns have unique liability exposures for public entities. To establish and sustain a practical risk management program for volunteer and or interns, first determine your individual agencies tolerance for risk. Under California Labor Code §3352 states: “Employee” excludes the following: (i) Any person performing voluntary service for a public agency or a private, nonprofit organization who receives no remuneration for the services other than meals, transportation, lodging, or reimbursement for incidental expenses.

For the purposes of workers’ compensation coverage volunteers are not legally employee and they would not be covered under your workers’ compensation coverage. If a volunteer is injured performing their duties on behalf of your agency, they have the right to file a claim for personal (bodily) injury and seek compensation for their injury.

Your agency can reduce the potential liability exposure by passing a Resolution classifying volunteers as employees for workers compensation purposes.

Labor Code §3363.5 states: (a) Notwithstanding Sections 3351, 3352, and 3357, a person who performs voluntary service without pay for a public agency, as designated and authorized by the governing body of the agency or its designee,

District Snapshots

Ebbetts Pass Veterans Memorial District PHOTO: The Ebbetts Pass Veterans Memorial District dedicated on Memorial Day a major addition to its Memorial to Veterans, which included an eight foot tall bronze statue and park area with picnic tables and another memorial wall. The value of the addition was estimated at about $400,000 and was provided by a local businessman who rounded up numerous area businesses to join him in creating a beautiful parklike area of about a quarter of an acre in downtown Murphys, California.

46

shall, upon adoption of a resolution by the governing body of the agency so declaring, be deemed to be an employee of the agency for purposes of this division while performing such service. (b) For purposes of this section, “voluntary service without pay” shall include services performed by any person, who receives no remuneration other than meals, transportation, lodging, or reimbursement for incidental expenses.

Labor Code §3600 states in part: (a) Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically provided in Sections 3602, 3706, and 4558, shall, without regard to negligence, exist against an employer for any injury sustained by his or her employees arising out of and in the course of the employment.

When the resolution is passed volunteers who sustain a workplace injury are treated the same as a paid employee and receive medical and temporary benefits through your agencies workers’ compensation coverage. Because the volunteer has received the workers’ compensation benefit they cannot file a civil lawsuit for damages against their ‘employer’.

For further information please contact SDRMA Chief Risk Office Dennis Timoney at dtimoney@sdrma.org.

Protected From the Unexpected As California’s trusted risk management advisor, SDRMA protects its members from the unexpected by providing a unique combination of coverage protection programs, world-class risk management consulting and experienced technical experts.

Our goal is to serve as an extension of your staff so our service is seamless to you and your agency. Visit our website at www.sdrma.org or call us at 800.537.7790 for more information about our Workers’ Compensation, Property/Liability or Health Benefits Programs. We look forward to serving you!

Special District Risk Management Authority

Trusted Risk Management

✷

800.537.7790

✷

www.sdrma.org

PRSRT STD U.S. Postage PAID Permit No. 316 Sacramento, CA